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A50913 A vindication of the government in Scotland during the reign of King Charles II against mis-representations made in several scandalous pamphlets to which is added the method of proceeding against criminals, as also some of the phanatical covenants, as they were printed and published by themselves in that reign / by Sir George Mackenzie ... Mackenzie, George, Sir, 1636-1691. 1691 (1691) Wing M213; ESTC R11146 43,490 68

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all that are unchast in thoughts words and behaviour and all that makes no Conscience of their way and whosoever loveth and maketh a lye shall tremble that day when they shall enter into Eternity when it shall be said as it was to Dives Thou in thy Lifetime hadst thy good things and Lazarus his bad things For except a Man be born again he can in no wise enter into the Kingdom of Heaven We take up the Book of the Holy Scripture at the Lords command and for a Testimony of our Dissatisfaction at the abounding Corruptions both of Translators and the Press and likewise for a Testimony of our desires and intentions for a new Translation and Impression free of the foresaid and other abuses we to our power reform our own Books and sayes that the word of God needs no humane Art we hold that the Word of God is laid the Foundation of this new Building and shortly it shall become the head Corner stone of the Building over both Kirk and Stater Kirk-Men and States-Men so that Scripture towards the end of the Rev. of Iohn shall be fulfilled And I saw Heaven opened and behold a white Horse and he that sat upon him was called Faithful and True and in Righteousness he doth Iudge and make War his Eyes were as a flame of Fire and on his Head were many Crowns and he had a new Name written that no Man knew but he himself and he was Cloathed with a Vesture dipt in Blood and his Name is called the word of God And first to shew that we take the Word of God in every point to be our Rule the sum and end of our so much reproached and mocked at Exercise Fasting and Prayer will be found in the Book of Psalms Be thou exalted O God above the Heavens and let thy glory be above all the Earth It is written in the Acts of the Apostles It seemed good to the Holy Ghost and to us but they usurping Supremacy says by the Authority of the General Assembly allows these Psalms to be sung in Congregations c. which we renounce And more we think the Psalm Book in Meeter and no other thing ought to be within the broads of the Bible but the simple Scriptures of Truth the Psalms may be had in a Book by themselves We are so reproached and calumniate that we are forced to make our defence and shew that we have mourned fasted and prayed many a day and many a night this last Winter many times in the open Fields in Frost and Snow while our Cloaths were frozen upon us and our Feet frozen in our Shooes as the Town of cursed Borronstonness can witness and all this to find out the causes of our Lords tarrying when those who are now calling us Devils were turning themselves upon their Ivory beds like a door upon the Hinges eating the fat and drinking the sweet at their own ease And when we were driven thence by Persecution we took our selves to the Fields holding still by our duty where many Women did offer themselves to the Work with whom our spirits was many a time burdened whom we could not put away as our blessed Lord dealt with Iudas whom he knew would betray him without manifest causes We stayed not with them but on solemn days such as Sabbaths and appointed times for publick meeting but when they took their rest betwixt hands we continnued still in Fields nights and days fasting and praying for two or three days together several times and it was always their fear we should propose some question to try them for Separation and that night before we was taken we warned them that the Soldiers would come and told them to use their freedom we saw them also a mile off an hour before they came and none of them would go away and after we were brought in hither after some several days Fasting and Prayer we being warned by the Holy Ghost followed Esther's advice and continued from eight a Clock of the morning the 24 day of the 5 Month till the 27 at four afternoon Fasting and Praying we sent them word likewise to Fast and Pray and when we sent them the answer of our Prayers in the writ they called us Devils Thence we fasted till the 28 day at night and thence till the 30 at night waiting still to see if they would recover but they waxed still worse and we were forced to write this to vindicate our carriage towards them Walter Ker. Iohn Gibb David Iamison Iohn Young This is Exactly Compared and Collationed with the Principal Copy by me WIL. PATERSON Cl. Sti. Concilii FINIS A Catalogue of some Books Printed for Io. Hindmarsh at the Golden-Ball over against the Royal-Exchange in Cornhill THE Antiquity of the Royal Line of Scotland farther Cleared and Defended against the Exceptions lately offer'd by Dr. Stillingfleet in his Vindication of the Bishop of St. Asaph By Sir George Mackenzie His Majesty's Advocate for the Kingdom of Scotland The Moral History of Frugality with its opposite Vices Covetousness Niggardliness Prodigality and Luxury Written by the Honourable Sir George Mackenzie late Lord Advocate of Scotland A Memorial for His Highness the Prince of Orange in Relation to the Affairs of Scotland Together with the Address of the Presbyterian-Party in that Kingdom to His Highness And some Observations on that Address By two Persons of Quality An Account of the Present Persecution of the Church in Scotland in several Letters The Case of the Present Afflicted Clergy in Scotland truly represented To which is added for Probation the attestation of many unexceptionable Witnesses to every Particular and all the Publick Acts and Proclamations of the Convention and Parliament relating to the Clergy By a Lover of the Church and his Country An Historical Relation of the late Presbyterian General Assembly held at Edinburgh from October 16. to November 13. In the Year 1690. In a Letter from a Person in Edinburgh to his Friend in London Vid. Cargil and Sanchars Covenant at the end * That is this noise of Prisoners yet preserved alive So the Preacher applied his Doctrin The truly learned Advocate for the King † Illud tamen generaliter observandum quod Iurisdictio nunquam privative sed cumulative delega●i potest non est quasi transitio juris de un● persona in aliam sed tantum mandata jurisdictio quod non obstante Delegatione adhuc remanet in delegante Considering the violent and cruel temper of their Enemies * Compare this with the Sanchar Declaration and Cargil's Covenant at the end of this Paper * That is the same Punishment which the Law provides against such a Criminal Art eod II. Art 3. ejusdem Art 10. Act 92. Ses. II. Iac. 6. * Vid. Cargils Covenant and Sanchar Declaration
should perish than that the whole should go to ruin Vnitas non unus as was said by them in the E. Straffords Case and if two States of Parliament without the King were thought the best and necessary Judges of what was Salus Populi in those days much more should it be acknowledged that the King and three Estates in many subsequent Parliaments agreeing cordially together should be acknowledged to be the true Judges of what was Salus Populi in our Government especially when what they did was founded on a Series of uncontraverted Laws and upon long and deplorable experience of the Mischiefs occasion'd by that Pary Whereas they who condemn our proceedings must and do acknowledge before they Condemn us that they consider themselves as a People coming into a Country where there were no Laws and so might take any new Laws they thought fit for the present exigent A Liberty which we Poor Slaves durst never take foolishly conceiving our selves over-ruled by our statute-Statute-Books Ancient Customs and Oaths regulating our Duty and Conscience For answering the Objections which are made against the Government I shall class them into these General Enormities with which the Government is charged and into the particular instances of its pretended Cruelty The first General Objection is That the severe Laws made against Conventicles were yet more severely put in execution by Sir Iames Turner and Sir William Ballantine and others which occasion'd the Insurrection at Pentland-hills and it is alledged that these Conventiclers came only to petition the Council not to overturn the Government To this it is answered That all rising in Arms upon any pretext whatsoever is declared Rebellion in this and all other Nations and if any should rise now in Arms because Free-quarter is taken from them against Law they would find this Government so to take it Nor can it be pretended that Justice was denied to private Petitioners but on the contrary Turner and Ballantine were laid aside which is all the State could do it being impossible to answer for all the extravagancies of Soldiers even under the most just Government From this likewise it necessarily follows that because this was no just War therefore the Learned and Worthy Sir Iohn Nisbet then King's Advocate and the Criminal Iudges were unjustly reproached for refusing to allow the defence founded on giving Quarter that being only to be allowed in Iusto Bello And it is to be remembred that this defence was not allowed to the Worthy President Sir Robert Spotswood Son to the famous Archbishop in Anno 1645 tho' the War was just on the King's side and he acted by vertue of a Commission from that very King by whose Authority the Parliament that Condemned him was called and it could not be proved by those that were taken at Pentland-hills that Quarter was granted them whereas it was clearly proved that the Council in General had discharged granting of Quarter upon the foresaid account We pass under silence here the Dreadful Slaughter of several Hundreds Killed after Free Quarter given and Surrendring of the Castle of Dunvileigh which made Lieutenant General Leslie who then commanded the Army threaten to lay down his Commission notwithstanding of a violent Sermon made before him upon these words 1 Sam. Chap. 15. v. 14. What meaneth then this bleating c. As to the sending away People to the Plantations it is answered that none were sent away but such as were taken at Bothuel-Bridge or in Argyle's Rebellion and the turning Capital Punishment into exile was an Act of Clemency not of Cruelty As to Torture it is allowed not only by the Law of our Nation but of all Nations except England and founded on the foremention'd Maxims Salus Populi c. Pereat unus potius quam Vnitas nor was it ever inflicted but where the Person tortured was evidently proved to be Guilty of Accession to the Crime and that he knew the Accomplices it being still left in his power to secure himself against Torture by confessing who were his Accomplices or by clearing himself by his Oath that he did not know them which Oath was required to free not to bind the Deponent because his Knowledge of the matter was first proved and it was still previously declared by Act of Council that nothing he was to Depone should prejudge him And those who had been in that Government were very sorry that when Torture was declared a Grievance in the last Convention Matters of high importance relating to the Government were still excepted which expos'd the Subjects to as much danger as formerly As to the Imprisoning free Leidges without giving any reason and detaining them in Prison for many Years It is answered that we have no Act for Habeas Corpus in Scotland and so these things may be accounted Severe but not Illegal and they were introduced in the late Vnhappy Presbyterian Rebellion where thousands were kept in Prison a great many years without any Crime or Hopes of Releasment but the true Reason of the frequent Imprisonments during K. Charles the 2 d's Government should only be charged on those who were Accessories to the Plots and Rebellions which occasion'd them and no Men wish'd more than we did to see those peaceable times which might allow an Act of Parliament for Habeas Corpus Another thing which occasioned these long Imprisonments was That the persons imprisoned refus'd to acknowledge the King's Authority without which they could not have been set at liberty when there was a clear Probation against them But can this be objected to Vs by those who have since Imprison'd more in one Year than we did in five As to the bringing in the Highlanders on the Western shires and taking free Quarter there it is answered that many thousands had gather'd in Field Conventicles with Arms for several Years and when these Conventicles which used to meet in several places pleas'd to join in one they could easily form an Army To prevent which the Council wrote a Letter to these Western-shires entreating them to fall upon some course for security of the Peace they returning for answer That the Peace could not be secured there without Abrogating Episcopacy The King and Council consider'd this as a Sacrificing the Laws to the Humours and Passions of private Men and such too as they had reason to think could no more be satisfied with that Concession than their Predecessours were who proceeded to ruin King Charles I. after he had parted with the Order of Episcopacy to please them and therefore the Highlanders were sent in to secure the Peace and because Mony could not be provided in haste the Council declar'd by their Act That those on whom they were quartered should be paid out of the first and readiest of the Fines owing there and the Superplus should be paid by the King nor have those who were then in the Government clamour'd so much now for a Years Free Quarter as these People did then for a