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A50897 A vindication of His Majesties government and judicatures in Scotland from some aspersions thrown on them by scandalous pamphlets and news-books, and especially with relation to the late Earl of Argiles Process. Mackenzie, George, Sir, 1636-1691. 1683 (1683) Wing M211; ESTC R31147 29,176 54

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being now very few who go not to Church and almost all repenting that they went not sooner and I desire to know from these Authors if their Partie in England thinks that the true way of using Papists or if the Presbyterians allowed that way of arguing when they prevail'd and was it not that lenity which drew on the last Rebellion and our Slavery A short view of our Laws made on that Subject with the occasion of them will best clear this point In the last Rebellion defensive Armes and that the people had power to Depose or Suspend Kings were the great foundation and in defence whereof several Books have been lately written and therefore these were declared Treason and it is admir'd how any can be called good Subjects who maintain them The Parliament did see that the not going to Church occasioned much Atheism and Ignorance and that the hearing such as were not Authorized was a certain inlet to all Sedition and Herisie since every man might preach what he pleased and therefore they discharg'd House Conventicles and declar'd that meetings in the Fields were formall Rebellion since Rebellion is only a rising in Armes without and contrary to the Command of Authority and that sometimes there would be gathered together several thousands of people in Armes who might joyn when they pleased and from a Conjunction meerly of those proceeded the Rebellions 1666. and 1679. and they punished these with moderat Fynes far below the guilt And how dare men be so dissingenuous as to own themselves the only Protestants and yet to inveigh against Statutes made to hinder Jesuites Socinians and others to pervert the people as we certainly know they did for many years together at those meetings and how could this be prevented since the poor commens know not what is Orthodox And since they were perswaded not to ask who was to Preach least they should be oblidged to Witnesse against him and as the dangers on the onehand were great so on the other they were desired to go to that Church which the greatest and soberest of their own Ministers did and do still frequent Some Ministers fearing that their hearers might be led as Witnesses against them infused in them a dangerous and ridiculous principle that no man was oblidged to depone when he was called to be a Witness and that no man was oblig'd to Depone when the being at such illegal Meetings was referred to his Oath and this was called the accusing of ones self whereas all Laws under Heaven oblige a man to be a Witness else no Crime could be prov'd And if this were allowed we might have as many Masses as we pleas'd and when any thing is referred to a mans Oath he does not accuse himself for the Fiskal accuses him and do not all Nations prove Injuries and Misdemeanours by the Oaths of the Committers if these are not to be capitally punished And therefore the Parliament was forced to make a Statute obliging them to Depone as VVitnesses I need not tell the dreadful Equivocations lately invented to secure Rebels as when a Witness Depones he saw a Hilt and a Scabbart but yet knows not if there was a Sword The Pia fraus of Ignoramus Iuries and a hundreth other Cheats rather to be lamented then related And which tended to unhing all Property as well as Religion if God and zealous Magistrates had not prevented it And yet the opposing these which is a Duty must be represented as a Crime for deluding ignorant people The Parliament then having for the necessary Defense of the Kingdom by reiterated Laws commanded those things to be put to Execution Laws which did not only at first seem to be just but were thereafter upon experience found to be so Are not they promoters of Arbitrary Government who think that the Judges and Magistrats of the Nation should dispense with such Laws And whoever thinks he may dispense with the Law must certainly think that he is ty'd by no Law and that is to be truly Arbitrary And it is most observable that these who are Enemies to His Majesties Government and His Servants are of all men alive most guilty of that Arbiltariness which they would fix upon others It cannot be imagin'd that the King will contemn the Laws since they are his own Creatures as well as His Support whereas such as oppose Him or Rebell against Him must first trample under foot the Laws by which the King is Secur'd and by which they are to be punish't and it is not the Masters but Robbers who break the Fences 2ly Are not these honest and good Countrey-men who think it cruelty to punish such as did take up Arms twice in an open Rebellion and who own all the Cruelties that were committed in the late Civil Wars who burn publickly the Acts of Parliament and who joyn with Murderers 3ly Albeit those Crymes be very attrocious horrid in themselves and dreadful in the preparative inconsistent with humane Society and a Scandal to Religion Yet have not His Majesties Judicatures offered Remissions to all such as have been accus'd providing they would disown those Rebellious Principles so that such as dy are the Martyrs of their own Crymes and justifie their Judges even whilst they are Exclaiming against them And as no Government under Heaven did ever shew so many Instances of Clemency offering Indemnities when there was no necessity for them Renewing and Pressing those Indemnities when they were twice or thrice slighted and Remissions when all those gentle Offers were contemn'd so has any man dy'd amongst us by malicious Juries or false Witnesses 4ly Has not the Privy Council in their Fyning such as were guilty proceeded with such moderation that albeit for many years the Laws were absolutely contemned after many Reiterations by the Parliament and Proclamations from the Council pressing Obedience to them Yet they have Ordered Execution to be Suspended as for bypast times to all such as would Obey for the Future And I must beg leave to Observe that it has been upon an exact Review found that the Rebellious Parliament 1647. did Impose more by way of Fyne in one day than the Privy Council has done since His Majesties happy Restauration Such as differ'd from their Government Intreated for those Pardons which are now refus'd And it would have been then thought very ridiculous to offer a man his Life who had been in Arms for the King upon his offering to live peaceably 5ly If the Differences amongst us upon which all those Rebellions were founded were Matterial and did proceed from Conscience somewhat might be said to lessen though not to justifie the Guilt for Conscience should neither be a Cryme nor a defence for Crymes Yet what can now be said When all men willingly go to Church which certainly they would not do if their Conscience did not allow them And it being now clear that the former contempt of the Law proceeded from Humor and not from Conscience who can blame