AN English Translation OF THE Scottish Declaration AGAINST JAMES GRAHAM ALIAS Marquess of Montrosse.

Wherein many things are set Right between the Kingdom of Scotland and Commonwealth of England.

With many Observable Passages, concerning the Transactions with the late King, and their now Declared King.

PROV. 12.6.

The words of the wicked are to lye in wait for blood, but the mouth of the upright shall deliver them.

LONDON, Printed by John Macock, for Francis Tyton, and are to be sold at his shop at the sign of the three daggers neer the inner Temple in Fleetstreet. 1650.

AN English Translation OF THE Scottish Declaration Against James Graham, alias Marquess of Montrosse.

WEre it not that the Glory and Honor of the Com­mon-wealth of England, and these great Trans­actions of Divine Wisdom and Providence, are more principally besmeared in this Declaration, then the person or party of Montrosse, I should soon consent with them, in the beginning of that Paper, That as they think others may well wonder they should take pains to answer him, so much more that any one should undertake to vindicate or apologise for his person or Pa­pers: [Page 4] He, with the rest of his party, can never be too much abomina­ted, when Religion and true Liberties are mentioned, being the most desperate engaged Instruments of carrying on the design of misery to the three Nations.

But seeing the whole strain and scope of that Declaration is to re­flect on the Proceedings of the Parliament of England, who are the true and lawful Heirs and Successors of the Mercies and Providences of God to this Nation, and not so much against Montrosse, and the Royal Party, though they make his Paper the occasion of the Discourse; I shall take liberty, with a serious wariness, of giving any offence to the honest and godly party in Scotland, to set some things right in that De­claration, and vindicate the late honest and just Proceedings of our Parliament, to maintain yet the Ʋnion between us and our Brethren of Scotland, almost quite broken by the Malignant Interest in that Nation, that while we keep evening reckoning we may be long friends, and that in their excusing themselves they may not so accuse us before our and their Enemies, and so be devoured by them both to­gether.

But before I come to the Declaration it self, I cannot pass by some things which pass up and down, less discernable, which are matter of the greatest wonderment unto rational and sober men.

1. That the heighth of their Zeal and Indignation should be vented on Montrosse, calling him Excommunicated Traytor, That viperous Brood of Satan, &c. and yet still keep up their esteem of the late King, and their calling him, His sacred Majesty, with many such clawing expressions, abhorring the least thought of dishonor to him, when Mon­trosse only acted as his Servant, and all that ever he did, in the strength of that Commission and Authority, he received both from the Father and the Son. Let it be considered for what is Montrosse proclaimed Traytor by the Committee of Estates.

He must either be a Traytor to the King, or the Kingdom; to the King he was not, for he acted by his Commands, according to his will: It must be then against the Kingdom, and then much more is the King the Traytor, who created him to that work, if that Rule in Logick be true, Quod efficit tale est magis tale; though it is true, the Instrument is not excused for the principal Agent, yet the principal Agent is most to blame. Montrosse was but a puny Agent to other great Traytors that the King made, who hath made thousands in England, Scotland, and Ireland, in that sence, and yet he himself must not so much as be [Page 5] be thought on in such a capacity.

Had Montrosse never acted, King Charls would have made another Traytor; and when Montrosse was supprest, and gone out of the Kingdom, and all the Traytors in both Nations under hatches, yet we found where the root of our misery lay, and were put to it, and pusled more by the grand Traytors own person, then by all his Army and Roy­al Instruments besides.

God himself hath given out a Statute Law from Heaven not to re­spect the persons of men in Judgment; and it's Justice and Equity to lay the saddle on the right horse; yea the King himself was to be com­mended for his plain actings according to his principles and apprehen­sions, who in the beginning of this War, thought it not only fit to pro­claim the Earl of Essex and his Army Traytors, but both Houses of Parliament, as those that gave him the only Commission and Power to that work. And it may well be wondered, that the Scots, who were wont to be men plain and broad enough in their expressions when they will, and have done ordinarily to our Parliament, and many honest and godly men, should now complement so grosly, as to call the Servant Traytor, and the Master, under whose power he acts, sacred and spotless.

But if the man such blame must have,
What's due to th' Master of the knave?

Do the Committee of Estates mean to revive that old Maxime in the the end of the War, that we fought against in the beginning?

That the King can do no wrong, That he is not accountable to any but God, and so incapable of any Charge.

Either lower Monarchy in your thoughts and pretences to it, or never solely tax these gallant and stout spirits, who act under it out of the true sence of what you in words pretend, and who have wanted nothing to make them fully honorable, but a good Cause and Principle. It cannot choose but be a double grief to them, that they should be con­demned for doing their duty to him who is uncapable of guilt in commanding, and that they should have not only part of the misery, but the whole guilt, who were but Instruments, and he free that is the Efficient; as if the sword should be arraigned for Treason that kil'd the man, and the person that struck the blow discharged.

If England had not left off that method of Courtship and Comple­ment, we had been as far to seek of our just Liberties, after the be­heading of these Traytors, which were thought most notorious, as we [Page 6] were at first; and let Scotland look unto it, if they make not better distinctions, they may find other kind of Traytors, more dangerous then Montrosse, shortly entertained in Scotland with joy and accla­mations. I have been the longer on this observation, to learn the Com­mittee of Estates to speak plain English betimes, lest they get that Eng­lish Tyranny that we have happily and hopefully freed our selves from, and we be troubled with a Scottish War; they are a little longer learn­ing this lessen then we are, being yet fain implicitely to hold forth what we practise, but must come to it shortly, when some vails are off, and they see both root and branch together among them: only it is pity that these which have been first in the War should be last in enjoying the Peace: But that fault is not ours.

The next thing which runs along the whole Paper, as the burthen of the Declaration, is, (and which I cannot pass by) the great reflections they cast on the Parliament of England, and that honest party that joyns with them joyning them with Montrosse together, as if they kept mutual correspondency, calling them at every turn, The Sectarian Party, The now prevailing Party, Heretiques, Schismatiques, as if they meant to supple and make up their harsh expressions against Mon­trosses person, with his party, by inveighing on the Parliament of Eng­land, and these which joyn with them, excommunicating them out of their affections and love, as they have done Montrosse out of the Kirk. Expressions exceeding dangerous, and too much provoking, that when we shall call them, Our Dear Brethren, especially after an Army came from them into our Nation to destroy (using the same expressions.) Had they but reflected on their condition but the last year, when Ha­m [...]lton was the prevailing party, and what sort of people they were that set them free, and made the Committee of Estates the prevailing party, with the dissolution of their whole Parliament, they might have fitted more handsom and tender expressions, at least, if they meant to have kept up any brotherly Union and Correspondence between the two Nations.

Doth the gentle streams of a River between England and Scotland so alter and change the nature of Transactions, that the purging of a Parliament in Engl nd, over grown with Malignant and Predomi­nant humours, should be less lawful then the breaking up of one in Scotland? Or is the natural working out of distempers worse then a violent dissolution?

It hath been the happiness of England, for some few years, that the [Page 7] Parliament hath been the prevailing party, and why it should be now our misery after we have conquered our visible Enemy to see our friends prevail, is too great a Paradox to be suddenly expounded: Some must be the prevailing party; and why not these that are? who have hated these complemental Compliances with the Royal Interest, and have followed the first Principles of the War, to the best advantage, for Peace. But I was very unwise to tax the Declaration with that as a fault, the expressing of which is our mercy: As I doubt not but they think of it concerning themselves, that it's a happiness to Scotland that this Committee of Estates is now the prevailing party, though it was brought in without any legal or orderly dissolution of Hamiltons Par­liament, and Committee of Estates, and by these Instruments that they can now gratefully call Schismatiques and Sectaries. But the ill Con­junction of the Sectarian party, and the prevailing party, sets forth the mind of the Committee to the full. And yet what is meant by the Sectarian party, is yet a greater Riddle then all the rest; for, set aside the secret Placitum of the Committee of Estates, it stands without its signification in England, without it be a Title imposed to divide be­tween honest and consciencious men, that some may raign.

But it may be they have some secret and multiplyed meaning in this phrase, that must be enquired into; if they call them the Sectarian party, because they have justly divided the Kings Head from his Body, and so have made a Schism between Prerogative and Tyranny, they shall willingly own the Title with a Crown of Justice, and glory in the head of it.

But it may be they call them Sectaries, because they have made a more exact division of the true and right English Interest, and that of Scotland, and between new and old Malignants in the three Nations.

Or it may be, they derive it from the word Sectari, because they have more closely followed the ends and intentions of the Covenant, then the literall and ambiguous expressions in it, and have prosecuted the greatest enemies of Reformation by Acts of Justice to their graves.

But if by Sectaries the Committee mean these men that are of divers factions and parties, and interest in England, as we have cause to bewaile it, so we may in part thank some of that Com­mittee for it, who have cast so many bones of division among us, to set up the Royall, and their own interest, as the Parliament [Page 8] have publikely declared in their Answer to the Scots Paper of March 13. 1647. p. 1. 2. complaining of the sad divisions among us, expresse themselves, &c. Ʋnto the advancing of this design of the common enemy, the Commissioners of Scotland have for a long time made themselves, or have been made by others very instrumentall, whilst forgetting the work they came about, and the true interest of those from whom they came, have made it their work by their practi­ses and purposes, to disaffect the people of both Kingdomes unto the proceedings of the Parliament of England, and on the other hand to incline, and dispose them to the King, and his party upon terms apparently destructive to both Kingdoms. That it seems it's no new thing for the Committee to frame words of division in this Na­tion, but I am loath to repent these old Quarrells, if there were not new occasions given.

But if they mean by Sectaries these which are given to blasphe­mous Opinions contrary to the Gospell, though there are but a few in comparison so left of God, yet we will joyne with them, not only to write against, but weep, and lie in the dust for any such abominations, and we can never bewail enough these things, that on the one side formality and meer shaddowes of Religion should be taken up, and all holinesse be only outward and ex­ternall, and on the other side, that fancy and delusion should pre­vaile to cheat men of their souls, and cloud the glory of the truths of Christ: But it's a great wrong to joyne in this, since the prevailing party with the Sectarian, whose hearts I doubt not but bleed as truly inwardly for these things, as they have exprest an outward detestation of them, in burning some of their books, and casting shame on their persons; but as none of these Opini­ons are vented in publike, but with publike Declaration against them, so these which are vented in private, are but by a few in­considerable and contemptible persons, and (we blesse God) with little successe at present.

And I doubt not, if we can agree in civill Principles with our Brethren, we shall soon in Religion, in the Doctrine and substan­tialls of it, wherein the life and power lies, and if we differ in Discipline, it will not be in the things themselves, but in extent and latitude of its power, that there will be no more dstin­ction, but as of an English and Scottish Government of the Church.

I have onely surmized these things, that the Reader may take notice of the common design in the Declaration, which seems to be very strange that in one Paper made against a great Delinquent, the Parliament of England (who have most opposed the Malig­nant interest) should be specially aimed at, and their transactions inserted in the same Kalender; but it's well they cannot call them Traytors, we may possibly e're long see what new names we shall injoy, when Charles Stuart and Montrosse shall both joyn toge­ther against the honest party of Scotland, and when they have got a King, who will be his favourites in Scotland? I pray that the same names be not justly retorted on themselves by that party which they are faine now to court with expressions of disgrace on their best friends.

But to the Declaration it self, and the maine things Montrosse layes as a charge on them, which they strive to free themselves from, I shall follow their own method, and give them their due in what ever is just and right, and excuse them wherein they do not intangle themselves.

The first thing Montrosse taxes them withall, to which they reply, is for hatching a Rebellion in their own Kingdome, with promoting the like in England, & because they are both of the same nature, or as the end and the means, the same Reply wil salve both; I need to comment little on this, but to improve it on the same grounds and reasons: only this is worthy to be observed, that what we account our duty and safety, they account rebellion un­to this day; that which the Committee calls their just defence, as they do well expresse it in the second page: Did we offer to stir un­till Religion and Justice, the main pillars of Government, were shaken, and neere to be overturned? and shall the standing upon our defence for the preservation of our Religion and Liberties be accounted Re­bellion?

You see how the just and righteous grounds of your procee­dings are interpreted, and that which you think honesty is still cal­led rebellion, though but in the first motions of it, much more in the propagated necessary actings of that principle; and you now see what ever glosse is put upon your transactions, you shall be no more free of Rebellion then England, but rather be accounted the first and principall powers in all the rest of the acts, though [Page 10] done by us, and it's well you and we have a clear conscience, for else we shall not want Records and Remembrancers of our for­mer actings, though never so honest and necessitous; and if you think it's only Montrosse's malice, you are as much mistaken in po­litike, as he was in legall and just actings; he dare speak nothing but what the King his Master first dictates: if you compare the Kings Pourtraicture in his last Book, and his thoughts of your Nation there, with his practises to you, you will not find it a delu­sion: And if your new King did not account you Rebells, he would soon have complied with you, his principles leading him to a union with any party, but those that mean to make Religion and Liberty their interest; and whereas you call Montrosse Tray­tor, and he calls you Rebells, who shall decide the Controversie between you, when your King himselfe thinks the same, and you in your consciences think him a Traytor? And hath not Mon­trosse more ground (as to the world) to call you Rebells, who will owne not only the same power, but the same persons who have acted point-blank against what you call Justice, then you to call him Traytor, who acts (though it may be more violently under that power you account sacred) & cannot live without that person that he serves as his Soveraigne? We have found the misery of dawbing with the King, we have changed oftentimes not onely our motions, but many times principles to win and gain him, but he never charged his, but alwayes gained by our retreats, and what ever plea we or our Brethren may have for the first ground of our actings, it's otherwise, nay quite contrary apprehended by the King and his Party; and to those that know what nature is, or education, they can easily judge how hard it is to change the first idaea and impression of things, especially when it is accompa­nied with glorious Prerogatives, and apprehensions of self-advan­tage, and in royall brests it's commonly seen, that injuries and af­fronts are written as in Marble, while respects and kindnesses are thought due, and of necessity to be successive, and onely valid & hic, & nunc, according to an immediate circumstance and present conveniency: and if they will abstract that which they call policy, and a little while look into the nature of things, they shall soon find that there is not a motion of the hearts either of the King of Malignants, or the Malignants themselves chan­ged [Page 11] from what their first apprehension, onely they are fain tho­rough providence and design to complement with us, and then as our Brethren too grossely do at present with them, untill they get as the Scots say, to be the prevailing party; but I know they are sensible enough of theafter-reckoning, notwithstanding they sum up at present.

And therefore in vindication of themselves and us, they honest­ly and ingeniously state the first grounds of the quarrell both in England and Scotland, which is well done; and it were to be wisht that it were imprinted on all our hearts in both Nations with a point of a diamond; and it had been happy these virgin, and un­tainted principles had been alwaies kept unto in Scotland. They tell us p. 3. that when they were living quietly and peaceably, a new Service Book was imposed on them to introduce Popery, &c. and relate the Kings invasions of them for but refusing it against their consciences, charge him with breach of trust after Articles given: And as to their conjunction with England, as their assistance was desired, so they saw further cause and reason then formerly: p. 3. they notably expresse the pranks of the King and his adherents, not staying in Scotland, but traversing Ireland, in a bloody Rebellion, against thousands of Protestants; who had the Kings Commission, and with whom he afterwards made an Agreement, rather then submit to any just condescentions of the Parliament, and Prote­stants of England, and Scotland, though he had declared them for­merly Traytors, for their bloody massacres; having also entrusted divers Popish Commanders in his Armies, contrary to his first De­clarations, that no Papist should be in armes, or about his person. Upon these, and such like reasons, they and we joyned together in Covenant. To which we may add his perfidious Treatings with us oftentimes, especially at Brainford: his hatred of the Covenant, his impenitency, continued actings in a second warre, more dan­gerous then the former, with a thousand more desperate transacti­ons both by himself, and Son, and all these propagated and conti­nued without any hope of remedy, but by losing all the blood, and expence of an eight yeares warres, with danger and hazzard at the best for the future. All these are sufficient grounds for honest men to look to themselves at first, and defend themselves in the be­ginning, and much more to provide for themselves at last: Onely [Page 12] the misery is in the use, and application; The Scots can find enough to vindicate themselves from rebellion at the first of these moti­ons, and yet can willingly taxe us at the end for doing the same things. They can justly (but upon a thought of feare, and danger in some unfit overtures) find ground to make use of the sword to defend themselves, and cut off their enemies in generall; and yet when the same things come to be heightened, and break out in a greater flame, and continued without hope of redresse, they will condemn us for striking the last blow, upon the same and greater grounds, when they began the first; as if the continuation of the same cause more desperately should not produce more notable ef­fects; or that the modest and secret essayes of things should bee more desperate, then the strenuous propagation, and prosecution of them, and that aggravated, and multiplied acts of tyranny should be more veniall, then bare attempts, which may be easily reformed by maturer counsell. If the Kingdom of Scotland, and England had sufficient ground to take up armes against the King at first, when the sparks were but as under ashes, much more ground had Eng­land when the flame was not onely broken out, but daily fed, and increased, to make use of these armes to extinguish the chief In­cendiary. But conscience, it seems, made the principle, and policy, and design the application. If they justifie the beginning of the work, we may well the end of it, on the same, yea more absolute and necessitous grounds. However Montrosse is deceived in both, yet we should not put arguments into his hand, by parting the a­ctions which have been correspondent to the same principle. Yet this is the happinesse of England thorough mercy, that our Bre­thren shall have the scandall, or rather glory of the beginning of the warre, and we of the end, yet they will be as much, and more hated for what they acted first, then we for what we have done at last, having improved both their principles and our own, together with the Kings tyrannicall power, to our own safety, and his de­served ruine; while they complementing but with a name (which they will find to be, as most insnaring, so like the name of the Beast which hath a mystery of deceipt wrapt up in it) are not only like to be where they were, but in a far worse condition then ever Scotland was in, if God suffer but that young Spark to King it a­mong them.

But to come to his more speciall charges, which p. 4. they call his last, and main forgeries; they are reduced unto three heads.

1. That his late Majesty being redacted to think on extreme courses, did ingage us by a Treaty, and having got all assurance from us, did cast himself into the hands of our Army, and that we contrary to all faith and paction sold our Soveraigne. 2. That they now complotted his destruction, and begin on the same score with his Son, declaring him King with proviso's, &c.

Of all these charges they say there is not one word true; But that his late Majesty was redacted to an extreme course. It were wel first to consider, whether in a true sense these are charges worth the ob­serving or answering; that is, first whether the delivery up of the King to the Parliament of England when in England, notwith­standing any private treaty, or particular promise of any Officers, were not just, and their duty. 2. Whether the taking away by death, such an implacable and gangren'd person, were any com­plotting his destruction, but a legall execution of justice; and whe­ther the declaring his Son King with proviso's be not just and fit, no King being fit to reigne, but he that meanes to compact for the safety and liberty of that Kingdome he is called to exercise that Office in.

But seeing the Committee take all these as hainous and blas­phemous charges on them; I shall give the reader a particular account of each of them; not to confirm Montrosses paper, but to cleer some things concerning our selves, and them, and let truth and reason reigne.

In vindication of themselves from the first, they spend severall pages, and strive to give a narrative of all proceedings in the Army and Parliament both in England and Scotland, from the time of his coming in to their Army in the moneth of May 1646. unto May 1647. with the many Declarations both of the King, and their Parliament concerning the end of his coming in to them, which I am loath to repeat, least I give too much offence to our Brother, or puzzle the Reader with transcribing; onely give in what I know concerning the truth of the charge, and meet with some extravagancies in their Narrative.

For the first, Though I hate the charge as it comes out of Mon­trosse's mouth, and under so unclean a hand, yet for truths sake, and seeing they are not content to free themselves, but to charge us, and mixe therewith many ominous reflections on this Nation, I shall present something more then probable, that may make the penners of that Declaration think that though they have engrost the Prerogative of imposing names, yet they have not the Sove­raignty of truth in all they write. They say p. 5. that after many essaies for London, and the Sea, he came to the Scots Army with­out acquainting those that had the trust, and the charge of the Ar­my; and ask (I hope to be resolv'd) where was there any time or place for a Treaty here; and what were those assurances that were given? Let it be but asked the Committee, whether Montrill the French Agent was not in the Scots quarters at Southwel, and Hud­son sent many times, and what they did there, and the question will soon be resolv'd; the truth is, as Hudson himself related, and pro­fest to some of honesty and integrity, that the King emploied Montrill for that end, and often sent Hudson to treat about his coming in, who came often unto three of the Lords, I will forbear to name them for his honour sake, and propounded three Propo­sitions concerning the Kings security, and other things, which he prest them to signe, but they refused to give any thing under their hands, least it should be discovered, but that it should be as truly performed, as if they had done it; at which Hudson pro­fest that he would not trust them with words, seeing they had de­ceived the King so often before, and that he would never perswade his Majesty without some paper security, and confirmation, under their hands: but their particular Engagements were at last accep­ted, thorough the mediation and assurance of Montrill; and the General moreover said, that he would willingly go on his knees to meet them; these things were the profest relation of Hudsons own mouth; now what the capitulations were, and how far security was given, I will not determin, but the world may judge they were not in a dream, as they professe in their paper to the Parliament immediately on his coming into them, and that they need not be so absolute in their challenges of any one to produce any testimo­ny or demonstration for any such overture; Hudson very well knew what he came at Southwell for, and what he did there, and [Page 15] this is faithfully his account from his own mouth, with many more circumstances of a strange nature, which out of love, and tender­nesse I omit. Yea Hudson would often say, when he heard that they denied any such knowledge, with much vehemency, that they grossely lied.

I shall relate but one story more, which makes it out of doubt; and it is a relation I heard with my own ears given in upon Oath, by one that had relation to the Bed-chamber, viz. that one night at New-castle the late King coming out into the presence Chamber to supper, not very well pleased at something concerning the Scots dealing with him, was reading in the window a Pamphlet that came out about that time, entituled, A game at Scotch, and En­glish, wherein many particulars were discovered about the con­veighing away of Ashburnham and Hudson, and something about his coming in at Southwell to the Scots Army; at which he was much pleased, and said they were most truths: He turns about to Sir James Lumsdale then Governor of New-castle, who stood by with severall Lords, and saith to him, you did not know of the conveighing away of these two, and he answered no, if it like your Majesty: he turnes to one of the Lords (I take it it was the Lord Dumferlin) no nor you did not know (saith he) of my coming in to your Army at Southwell, and he answered no he did not; the King after his wonted manner swore thus, by God, but you did; I am sorry I should swear such an Oath again in print, but it's law­full, because it's for the publique deciding a controversie, and con­firmation of truth; that you have two Oaths, if the world will be­lieve the Kings Oath, who knew well enough what was done con­cerning himself, and another Oath confirming that he heard him swear thus.

But I leave it to the judicious Reader to consider, I believe it was done but by some particular persons, and very privately, that the Parliament of Scotland knew it not, and the fair delivery of him, with their quiet march out of England is sufficient satisfacti­on to us, and to acquit them for that private miscarriage. I wish they had been as faithfull at the Isle of Wight as they were with him then, and that they may come as fairly and honestly off from this King at Breda, as they did from his Father at New-castle.

Onely I cannot but observe one passage (p. 13.) where though [Page 16] we and all honest men will joyn issue with the Committee, that none can imagine they sold the King for money, but did their du­ty in delivering him up to the Parliament, yet I wonder they make the demonstration of it to be that they onely got two hundred thousand pounds of the Arrears due unto them for a very labori­ous service, and as a part of the great expences they had been at by their expedition into England for the ends of the Covenant: two hundred thousand pounds is not so small a sum to be given for Ar­rears, especially if they considered the vast expences England had been at first, and last, and what great sums of money they received at severall times from England, besides the Assessement of the four Northern Counties, and free-quarter, which came to farre more (as it was audited by the Parliament) then the Scots pay, and arrears came unto: especially if we consider what two hundred thousand pound sterling is accounted in the Kingdom of Scotland; but most especially, seeing it was for the ends of the Covenant, and that we must pay them for doing their duty, and that in so great sums, and be slighted for our love, is strange, we could give our brethren 300000. l. for but beginning to resist Tyranny, though principally relating to themselves, and think nothing of it, and since for but assisting in a cause of common concernment, where­in they were equally engaged with us, and for following the ends of the Covenant, they have had first, and last viis & modis, above a million of money in England, and yet they go about to lesson our favours, and heighten their owne Engagements and services for the Covenant, though all upon our score: but these things are slips, and must be past by as lesser Errataes that doe not spoile the sense; I onely adde this, that never had Scot­land so much of Englands wealth, and treasure in such round sums in all the Reigns of the Kings either of England or Scotland, as they have had from this Parliament, and it's bad parting with such friends.

The second Charge is, That they have complotted the late Kings destruction; to wipe of which aspersion, they labour as in the fire; and I shall freely acquit them only because they think it a Charge of so hainous a nature to have any hand in that legal act of Justice on him, and insinua [...]e the guilt of it on us. I must crave leave to vin­dicate that act, as no [...] only most necessary, but just, and an act of the [Page 17] most celestial and divine disposal and import, as any civil act done in England since its first constitution.

For the lawfulness of bringing Kings to Iustice, and to condemn them, if they be found Tyrants, its not so much as questioned in po­litick Casuists, and in reason if they may be deposed for ill Govern­ment, as we have instances both in England and Scotland, they may be executed on the same ground, without we will take the notion of Kings in that large and vast capacity that the late deluded and blinded Royalists have used it, That the King is a creature only of Gods making, all other Magistrates being acknowledged to be the creature of the people but only Kings, and they exempted from, and in­dependent to any power but only Gods. And if Lex be Rex, as Mr. Rutherford proveth at large, and Kings are under and subject to Laws, why should vve suppose them above punishment, when they are found the highest Transgressors of those Laws? Grant them all that diety the Scripture invests them with, yet when they come to dye, it is as other men, it may be for the same offences, as well as in the same condition of nature; yea, it's against Reason and Nature (though through usu ped custom it hath got som credit) that all Ma­gistrates should be liable to punishment, in case of mal-administra­tion of th ir office, and only that one order excepted.

But to come nigher home, and consider what our first Arguments and Distinctions were of making a War against the King, and the same will hold for sharpening the Sword now, and cutting more keenly, and closer to the root.

The Royalists always told us, we sinned in fighting against the Lords anointed, and took up Arms against that pow [...]r which God had made sacred, and so called us Rebels against Gods Ordinances; we then in both Nations found out a distinction (which doubtless was proper and rational enough) of a politick and a personal capa­city of the King, the one never dyed, and was in the supream Judi­cature, the Parliament, though the person was absent, who was but a publique Officer of that power; and therefore answered, We fought not against his legal capacity, but his personal, commanding and acting those things which were contrary to Law, and the good of the Kingdoms. Let us but improve this distinction to what is done in the execution of the late King. If there may be a separation between the King and his Power and Office, and so he may be [Page 18] fought against, and all weapons of death taken up to oppose him, why is it more unlawful to separate his Head from his Body by the same distinction? F [...]r what is his Person, when you abstract his Power? or where will you find it but among the common rabble of mankind? Let Charls Stuart be considered without his publike capacity and what will become of then name King? All the while you fight against his personal capacity, which is but as Charls Stu­art, you fight against but an ordinary and common man; for it's the [...] feare of him with such an office that ma [...]es him in more then [...] [...]in [...]ry condition. The same Objecti [...]ns of the Royal [...] wil prove [...] be as [...]o [...]e [...] [...] up [...] him, as taking away his life for the same, and farther reasons: for they rightly say, as you cannot consider Kingly power without a per­son in whom it is invested, but in a metaphisicall abstraction, so neither can you act against the person, without considering of him as one without the power, and so as a private man: if our Bre­thren can maintain the first, and hold it lawfull upon ill govern­ment or tyranny to separate the person, and the office, we shall easily maintain the last, when he is publikely devested of all, and re­duced to a common condition, to use him as an ordinary person in case of felony and treason: for his publike capacity was at West­minster, when his person was at Oxford, when we besieged him, and fought against him, so the same capacity was at Westminster, when his body was on the Scaffold at White-Hall, paying unto Justice for his mis-government, and tyranny; and we beheaded him as a Tyrant not as a King.

Let our brethren find out some new distinctions, or els we are as far from being murtherers, as they from being Traytors and Re­bells, which are much of kin together.

But farther as it is unquestionably lawfull on serious, and reall grounds to depose, and do justice on Kings, and Princes as other Magistrates, so never was there a greater, and more universal con­currence of all reasons and circumstances, and a greater harmony of the Laws of nature, reason, prudence, and necessity to warrant any Act, then was found, and may be discerned in that Act of Ju­stice on the late King, it will be too large to repeat, let us onely rub up our memory, and wipe our eyes, and we may soon glance at that which may easily satisfie us.

First, Let us but consider the beginning of the actions and ty­ranny of that person in Scotland, the inhumane promotion of that bloudy massacre in Ireland, which unto this day cannot choose but make a trembling in the souls and bodies of any tender heart, which the Scots themselves freely charge him with in the begin­ning of their Declaration, the grosse, and sad oppressions in Eng­land both in conscience, and the estates of most of this poor Nati­on, sadly being since set forth, that the Parliament of both Nati­ons in the most mature, and serious Counsells thought no way fit to remedy the three Nations, but to assist one another in Arms a­gainst him, who had left the protection of his people, withdrew from his Parliament, and like a Butcher rather then a Prince of bowells and affection raiseth Armies in every part of the Nation, of the most desperate Malignant, and Popish spirits, to destroy and ruine the Parliaments of both Nations, and after a seven years war with the expence of an unspeakable treasure of riches and blood, the most precious blood of thousands of Protestants, yea Saints, God having given us victory over his Armies and Forces, as a just determination of the cause we appeal'd to him to vindicate; yet as a man of blood, while all essaies and meanswere using for peace, by his instrument and commissions, raiseth a second war in both Nati­ons, as if the Nation had not drunk deep enough of that sad cup, and without any remorse, gives new Commission to Ormond to be sure to make peace with the Irish Rebells on any terms and condi­tions, though not one Proposition for the good of this Nation could be heartily consented unto by him; and yet because we would try all means, followed him up and down with Propositi­ons, sending Commissioners sometimes two hundred miles, some­times a hundred, all to beg his assent to what we had fought for, crouching and cringing as if we were still his slaves, and he had re­gain'd his negative vote by our victories; and yet no one Propositi­tion of any concernment after all reiterated essaies, that might se­cure us in our liberties, or Religion granted, but apparently found all the waies used for to gaine him, were turn'd into designes of dangerous consequence against this Nation especially: neither in his most retired and solitary condition, could any perceive the least sense of remorse from him, for all the blood shed in the three Nations, delighting commonly in private to discourse of the wars, [Page 20] and how many were slain, and laughing at every fatall expression, which every Christian heart can never sensibly enough lament, and yet this man must be untouch't, and all the blood as utterly for­gotten, as it was freely and violently spilt on the ground, and thought sufficiently satisfied for, if he would but set his hand to a few Propositions, though loathing it in his heart: and the same things wee proposed in the beginning of the war, and yet we could not obtain that favour from him, freely, and with sense to grant those just desires we had got by the blood of our friends, and the overthrow of all his Armies. Let the Committee of Estates speak from their consciences, and hearken to the secret whispe­rings of their own spirits, and tell us plainly, whether ever there was any hope of ever setling Reformation, and liberty by that per­son, whether such crimes found in any one person on earth, were not meritorious of the utmost punishment; or whether divine Ju­stice, and vengeance would not have followed this Nation, had we spared that persons life, with the carelesse oblivion of all that in­nocent blood shed meerly by his Commission, and for his will; and doubtlesse had not God raised up the spirits of a remnant to doe Justice in so publique, and glorious a manner, and so have preven­ted Gods judgment on us, the cry of blood was so loud in Gods ears, that God would stretch forth some immediate hand and have done it himself, with terrour and amazement to all the Nations. And had there been any probable hope of better things from him, yet the good that we should have got by him, would be nothing to the weight of blood that would lie on this Nation unsatisfied for to procure judgements: But what hope was there, was his consti­tution or affections either to Episcopacy or Malignancy, altered or abated; had he any lower thought of himself and Prerogative, was not the Queen as nearly related to him as ever, did he not as much hate the Covenant as ever, did he want any thing but pow­er, and oportunity to react his old principles? Let us not trifle in these serious concernments; politicall complements will not save Kingdoms, the blood-thirsty man shall not live out half his daies, saith holy Writ, neither is it murther, [...] execute the murtherer, but reason, and justice, there is no reason in nature or divinity, that tells us, that Kings are of such pure and refined flesh, that they must in no cause be let blood: what hath been done by the Parliament [Page 21] of England on that man of blood, Heaven, and Earth hath and will witnesse unto, and vve doubt not novv justice is done (though it should be but from a rais'd zeale as Phineas act vvas, yet the person being the deserving subject of it) the plague shall be staid.

And yet however we have all this reason and necessity for that Act, with many eminent providences of God to shew concurring with, and following it, yet we free our Brethren from the guilt of the blood, and wish heartily that they may be as free from the consequences of their politike compliances with the late King and his Son, as we are before God of the crime and fault of that ho­nourably memorable Act; they have (if they would speak out) more reason to thank these instruments then charge them who have cut off the visible root of their and our miseries, which nei­ther they nor we know how to make a good use of, and be true to our Covenant and consciences; but though the root be cut down as rotten, they intend to preserve the most naturall branch to graffe on the old stock of Malignancy, that what the one could not do, the other may if possible, effect.

But let things be but accounted right, was it not better to do an Act of Iustice at once, in taking away the Kings life, then to have left him dead while he lived, and to have crucified him all dayes of his life with Papers and Pamphlets, with reproaches and continuall representations of his unworthy and bloody actions, and to have wish'd the same end? yea, onely to have let him live to see his misery, and to have beheld those actings, which he ac­counted as the greatest and highest affronts, and worse then death; it would be a great controversie to determine whether the King thought his imprisonment and restraint more infamous and cruell, or his death: if in the first, the hope of an oportunity of revenge did not refresh and comfort him, certainly it must needs be more honest and just before God and man, for wicked and no­torious acts to cut him off from his Kingdome, then by degrees to complement him out of it, and let him live to see it; in the one shines justice, in the other basenesse and deceit: Had he reigned with all the qualifications and limitations we could for the pre­sent have put on his Government, we had been ruined, and had he not reign'd, we had let him see his best self dead as a King be­fore [Page 22] he died as a man, which is a double death, and so had as it were strangled him, a more ignoble death then beheading. The Committee of Estates might well remember on whom both their Kirk and State, and our Parliament did often on more then shrewd suppositions, lay the death of King James, the losse of Rochell, &c. and with one voice, ye at the last personall Trea­ty in the Isle of Wight, did law the whole weight and charge of all the blood spilt in the three Nations directly on the Kings head, and either it must lie on him or both Nations; and was it fit in conscience that such a head should stand on his body, which was full of so much innocent blood? let justice and reason blush, and Traytors and Murtherers, Parricides and Patricides put on white garments, and rejoyce as innocent ones, if this man should escape the hands of justice and punishment: Yea, let Montrosse himself, whom the Kirk calls a monster of men, a child of the Devill, clap hands, and be canoniz'd for a Saint, who rid but post, as it were, (and for a little time) through Scotland, destroying and murthe­ring, in comparison of the late Charles Stuart, who hath been the maine and only cause of the death of thousands, shall I say, milli­ons of men ever since his reigne in England Scotland, France and Ireland, Nature, Reason, Religion, did cry loud for vengeance, and I had almost said, and I may speak it without passion, God him­self had eclipsed, yea, lost the brightest beam of his divine ju­stice that ever shined on this lower world, if he had not some way or other brought that person to some eminent and preterna­turall punishment, and that way which God acted by was the most eminent and glorious: But enough of this, they are satisfied, and so are we, and if honest and just actings now follow, we shall ne­ver have cause to repent of that act.

The last thing he taxeth them withall, is that they have decla­red his Son King with proviso's, robbing him of all right, &c. I shall say little against the justnesse of that proceeding, if they will have a King they had need provide first for themselves, yet there is much which may be objected, and to speak truth, as what ever they may expect from their new King will be but out of designe granted, and untill he get the Kingdome, so their actings seem to be but a bespeaking of a refusall, and though the things they pro­pound be never so necessary and just, yet he hath his negative voice [Page 23] and power to deny them, and yet be their King notwithstanding. It had been a more faire way and lesse subject to misprision of de­ceit, to have sent their conditions first, e're they proclaimed him King, and so to have let him know he injoyes not the Kingdome by succession, but by election, and compact on such conditions, rather then first to declare him King, give him full right, and then put conditions without which he must not expect to be King; that his Kingly right and power is involved in their conditions, not in any naturall right of succession or heirship, and as much as to tell him plainly, you have no right nor title to the Kingdome of Scotland without you grant these terms which we think [...], and though we have proclaimed you King, will not own you as a King, but really and implicitely depose you, and so found your power onely in election and these qualifications, which had they exprest, they laid down the right and true grounds of all power in Kings and other Magistrates which flowes immediately from the peo­ple, and that mutuall compact and agreement that is between them, without which they are but Usurpers and Tyrants; and this is virtually and truly the construction of their carriage to the King, though very commendable and laudable, and if they have a King that will not heartily comply with them in their own just de­sires, they may think upon a second defensive war in Scotland; yet it's a hard case, that they must travel up and down on the wil of a young Malignant, to beg confirmation of Propositions absolutely necessary for their own safety, and the estate, and wisdom, and Re­ligion of a whole Nation hang on the placet of a creature of their own making. They may have time to see, and feel yet, what a snare they are brought into by that one sudden act of proclaiming him King: For, notwithstanding he should grant all their desires for the present, and come in as their King, and royallize it among them; and they as they expresse it p. 20. should imbrace him on these termes, do they imagine whom they lay in their bosome? the Son of a bloody Father, Heire to an entail'd curse, more certain then to his Kingdome; train'd up himself in blood all his dayes, one that is set up to follow on where his Father left off; one that ne­ver suckt in any other principles, but prerogative, and tyranny, bred up under Bishops and Ceremonies, which the ayre of Scotland seems to have a naturall antipathy unto; one whom they them­selves [Page 24] see is far off from hearkening to any sound counsell or ad­vice but of those whom both Kingdoms have proclaimed Traitors; who hates the Covenant, and can never take it, but to take them in their own share. Alas, who knowes the consequence? who, as soon as they receive him must set him on horse-back, and ingage a­gainst their Brethren of England, who have helped and succoured them in their distresse, and fight the old quarrell only in the name of Charles the second. My pen trembles to write; and do not the hearts of the Committee of Estates, and the godly party in Scot­land shake, for fear he may seal, and signe to these Propositions? Let him have an Army, he will soon be Generall, and once a horse­back, his young head will carry him far enough. Alas! to see Bi­shops and Ceremonies in Scotland again, to behold the old Malig­nants triumphing on the ruines of the Kirk, what a dolefull story would that be! Doth not every godly eye foresee this in the dawn­ings of the day? Hath Chaales Stuart learnt so much goodnesse and honesty, to forsake all his Fathers best Friends, to be quite out of correspondency, and affections to his Mother, and Cosins the Popish and Malignant Party in all the three Nations, onely to be­take himself to live under the good and wholsom Discipline of the Kirk of Scotland? Or can it possibly be conceived, that they should entertain him without his train, either at present, or sud­denly to follow after him? Ah poor Scotland, once the terror to Episcopacy and Malignancy, the first promoters of Reformati­on; and art thou at last faine to take the grand Enemy of Church and State into thy bosome, and dost beg but to enjoy him? Art forc'd to seek thy peace in thy enemies quarters? God forbid: these sighs wil be aggravated in honest hearts, if ever such a change should come to passe. Do not they know that God will visit the sins of the fathers on their children, especially the sins of those pa­rents which have been persecutors of the Church, and hinderers of reformation, and have unnaturally spilt the blood of Saints; and most especially when the children have likewise been accessories and actors in the same designe? How sad is it, that when God is de­throning Kings, & casting shame upon Princes as the great enemies of his Church, Scotland should be setting them up, and him that never had yet his face towards Sion. This story is too sad to be long insisted on. And therefore on the other side, if he should deny to [Page 25] grant these their desires, or pick, and choose, and propose terms of his own, as his Father did with both Kingdoms formerly, what a snare will yet lie on them, that they should not let their King raign, without prostrating his Conscence and Honor (as he thinks) unto their desires? And may not Montrosse justly tax them with proclaiming him King with Provisoes, &c? And whereas they may say, they have given him right ad rem to the Kingdom, but not in re to the lawful and actual exercise of his Power, it will not serve the turn; for it's as good never proclaim him King, as not let him raign; yea to proclaim him King, and deny him the exercise of his Kingly Power, is clearly to depose him before he comes to raign, deposing being nothing else but excluding Kings from the exercise of that power they were formerly invested with: And let the world judg who deals more candidly with the King, the Parliament of England, or the Committee of Estates; the one tells him plainly, He hath no Right, but what he gets by the Sword; and the other proclaims his Right, and will not let him exercise it, without either he give them their own terms, or conquer them. Kings use not to pass by such courtesies, they take deeper impression then most imagine; he that is not worthy, nor fit to exercise his office, it's pity he should have the name; neither do Kings love to have their pictures drawing when they are dying. Our Brethren are yet treating with the old Enemy, and must pump what they can from his will and plea­sure, with continual hazard, while we are trying how to propagate our Liberties and Advantages to the utmost, and under a full sail of Pro­vidence: We might have been all this while treating, and have given as much time to our Enemies to plot, as we to settle; but God will countenance and prosper the most sincere and plain honest dealings; and if we perish, (which would be more sad otherwise) yet it's in do­ing our duty, and as seeds of a more glorious Church and Common­wealth.

There is one thing more in the conclusion of this Declaration, wherein they say, That they hope there is none in that Land, or if any be found so base, foolish, and treacherous, as to harken to the vain pro­mises of James Graham, &c. they do declare all such as joyn with him, or his Adherents, in Arms, to be guilty of high Treason, &c.

But what if their King joyn with him? he is truly proclaimed a Traytor: Nay, what if the King gave him that Commission to be Lieut. Governor, and Capt. General for his Majesty, &c. which Paper expressing this Commission, they say, pag. 11. They have burnt by the [Page 26] common hangman at the Cross at Edinburgh: And have they not then burnt the Kings Commission? and in an idem, and representation, held forth what they mean to do with his person, if he prove the Author of the Commission, and be found to joyn with Montrosse. Its accounted in the Civil Law, and I think in the Laws of England, That what is done to the picture, or publique representation of a person, is much more done to the person it self: for if they vent their malice to the dead image, much more would they to the living person: The image and portraiture of Kings are not seen in the lineaments of their faces or bodies, drawn by the mixture of colours, and the fancy of a painter, but in their publique Representations, in their Commissions and Grants, wherein they appear in their office; for else as fair and authentique, grave and majestique faces may be drawn better to represent nature, then in the best of them.

But all these things, formerly excepted against, are but mistakes, and politique Evasions by the Committee of Estates: Let us now consi­der (waving all personal and particular Engagements, (and supposing an error in our Proceedings) and seriously consider together what may unite us, or rather recover the fence of our Union, and reciprocal Con­cernments: We are not conscious of ever sinning, or transgressing a­gainst the Priviledges of Scotland, (though we are loath to repeat their Actions in England, and concerning it,) if we have offended or done any thing against their real Priviledges, we shall humbly acknowledg it with great sence; and wherein the Union hath been broken on our side, shall endeavor to make it up with satisfaction: but if our Brethren think that the King will unite more then the Covenant, we are sorry we must not only dissent, but differ: There is no means left to preserve these two Nations in the eye of Reason, but their Union together in common principles, (waving the particular miscarriages of both Na­tions: And how ever we may imagine, and make a fancy of Sectaries, equally to be opposed with Malignants, we shall find, and they, with a witness, that the one is possible, and easily curable, by a strict Con­junction with the honest and prevailing party, the other engaged a­gainst both.

There is no difference between our Brethren and us of moment, but about Kingly Government, and the persons which must raign, against which we have upon just Reasons protested; and it will be hard for them to bear the single burthen of that Monarchy, which expects to be maintained by the three Nations.

And though we dare not dishonor our Cause and Nation, to beg a Union, and their Correspondence, (which yet will be both honorable and safe to both Nations,) and scorn to stoop the grandeur of this Common-wealth so much as to entreat them into the consideration of their own condition, as they do mechanically follow their and our Ene­my (called their King;) yet we shall be glad to renew any ways of amity and affableness with that Nation, and shall account it a high and special favour from Heaven, if he give us wisdom to joyn our Interest together, in the preservation of the true and right ends of the Covenant, which will else be forgotten among us, and to settle Religion against these which may be truly called Sectaries, and Government contrary to Episcopacy, and most proper for Reformation, in the setling of an able and powerful Ministry, and purging Congregations: In a word, the countenancing all the ways of godliness, which we have an happy op­portunity now to effect, the principle Obstante removed out of the way (upon whose voyce we put the determination of the welfare both of Church and State;) and if our dissenting Brethren in England, and those in Scotland, would but lay aside private and special Interests, and minde the publique, and take advantages of Providences, how soon might they have both Kirk and State reformed, even unto the utmost period of all desires: If there be any defect in setting up Presbyterial Government, in taking care for the Ministry, I wish it may not prove to lie on the Ministers themselves, who, out of Principles of Royalty, or private Engagements do not only withdraw from, but speak against this present Government, and the righteous Constitution of it. But if our Brethren wil wave the Covenant, and make the King the medium of our union, we have done our duty. Let the Issue be tryed, we shal venter on the same Providence, maintain the same Cause, however the change be in persons and spirits: Reformation of Religion in Doctrine and Disci­pline, Civil Liberties, a universal Propagation of the Gospel being our end. Let them see if K. Charls be the fit Instrument to effect these honest things. If the Parlia. of England follow not the most adequate and best means to that end, viz. of the setting up pure Religion, and just Liber­ties, after all the Mercies they have enjoyed from Heaven; and if the Kingdom of Scotland joyn not with them on these Grounds, waving all other considerations, they will both be Anathema Maranatha: And if Reason and Religion cannot decide the Controversie between Brethren, the Sword will never do it, especially when enemies shal man­nage it, but endanger the ruine of both. If our Brethren will not hark­en [Page 28] to terms of Peace and Love, but, besides their own danger and ha­zard, will embrace the Enemy of this Common-wealth, not only to so­journ, but raign among them, they must give us leave to secure Religion and Liberty as well as we can, and once more leave it to Providence to umpire: Only it will be sad, that while we are trifling about names, and punctilioes of things, our common Enemy should grow strong, and destroy us. I have nothing else to add, but to retire my self into my Closet, and bewail the Divisions of both Nations about Ceremonies and Shadows, while their and our Enemies laugh and design; and to lament for our ignorance, who think that a Malignant King can be brought in to raign without a Malignant Interest, and that we should be all the days of our lives pruning the branches, and cutting them off, and yet be strengthning and fatning the root of our miseries. I end with prayer to the Almighty, That both Nations may have a true sence of the Glorious Actings of God these last years, and may know the true and proper Interest of Religion and Liberty, and both unite once more in common Principles, That the good Work of Reformation so blessedly begun, notwithstanding the Malignant Parties in the three Nations, may receive no obstruction in its perfection by these that pro­fess to intend the growth and glory of it, that while we are striving who shall have the Shell, Prelacy and Malignancy may not get the Kernel, and recover their lost Interests by our private and particular Discontents.


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