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A11675 A true representation of the proceedings of the kingdome of Scotland; since the late pacification: by the estates of the kingdome: against mistakings in the late declaration, 1640 Lothian, William Kerr, Earl of, 1605?-1675.; Church of Scotland. General Assembly.; Scotland. Parliament. 1640 (1640) STC 21929; ESTC S116866 97,000 176

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the same which they were from the beginning Religion principally and things civill for Religion that for obtaining them wee have not strayed from the fair and straight way of legall redresse by Assembly and Parliament which his Majestie injustice did promise at the pacification And concerning other demands about matters Civill although it be most certaine from by gone experience that the corruption and thraldome of the Parliament hath been the occasion of the corruption and thraldome of our Kirk That by our Records it is out of question that the cognition and decision of the articles doeth properly belong to the Parliament and that in Parliamen we have proceeded upon no other grounds but the Lawes and laudable practices of this Kingdome never questioned before but inviolably observed as the onely rule of government yet lest pressing any of those too much we should worke contrary to our own ends and frustrate our selves of our desired peace It hath been showne to his Majestie that these demands were but motions and propositions made to the Lords of Articles to be by them prepared for the Parliament where they might have their finall determination from his Majestie and the Estates as might serve most for the well-publicke without trenching upon his Majesties authority The proceedings therefore of the Assembly countenanced and concluded with the consent of his Majesties Commissioner and of the Parliament now laid open to the world aiming at no thing but the establishing of Religion such things as should be judged necessary for peace as was agreed at the pacification can never be found to be the true cause of warre This must rest first upon the incendiaries who kindled the fire and are now enraged when they find the smoake blowne in their owne eyes and their owne nests thereby consumed hopelesse to get it extinguished and themselves builded up again to their content by a faire and legall way And next upon some others whose exorbitancies cannot escape censure and punishment and therefore they labour to have them drowned in the deluge of a common confusion When his Majesty with his honourable attendants came down the last year to the Border they did see that Babell which the children of men had builded heere and the affliction of this people by reason of their task-masters and would it please his Majesty to peruse these papers and to make a new tryall as it is the glory of a King to search out a matter wee would no more doubt of our own justification nor we doe of his Majesties justice the light and influence whereof we finde ecclipsed and hindered by the intervention of the wickednesse of bad unjust Ministers to the darking also of his owne glory which we heartily wish may shine as the Sunne to the comfort of all his Dominions rather then to be turned into a storme and tempest of an unnecessary and unnaturall warre which wee have laboured by all meanes to prevent and now resolve to endure by the helpe of God and in hope of a happy successe if the English as they are invited or the Irish as we heare they have offered shall come against us To reduce us to obedience neither of the Nations shall need for we resolve to obey without force the decrees of Assemblies and Parliaments which are our soveraigne Judicatures in Spirituall and Civill matters and to which his Majestie hath remitted us In this case wee onely appeale to that prime Law of Nature Offer not that to another which thou would not have done to thy self graced and perfected by the mouth of Christ whose name wee all do beare All things whatsoever yee would that men should do unto you do yee even so to them for this is the Law and Prophets Wisedome would rather direct without wronging of Pietie or Justice first to search the cause and fountaine of our troubles at home and to take away the wicked before the King and when this is done and his Majesties Throne established in righteousnesse then to joyne as one man against the two great Catholiques the one a King the other a Prelat who have in their desires and hopes long agoe destroyed us and as their opportunities serve cease not to invade us or under-myne us This might be a tryall both of others and of us whether we are disaffected to pietie or to his Majesties honour and service This might in end make both the King glorious and the Kingdoms ●o recover what glory any of them have lost This would make the Lord of Heaven and Earth to say Drop down ye Heavens from above and let the skyes powre down righteousnesse let the earth open and let them bring foorth salvation and let righteousnesse spring up together I the Lord have created it FINIS
Liberties were the first causes motives of our troubles Secondly that we did hūbly frequently supplicat protest for remedy that in a most quiet peaceable way that never ceasing from our humble supplications we did take Arms meerly for our own defence whereof we devested our selves how soon any tollerable pacification could be obtained resolving upon the hope of injoying of our Religion and Liberties by the help of our God to bear our own burthens We come to our third consideration to vindicat our selves from the breach of peace which we trust will be a work very easie for us in the minds of so many as will be pleased to judge unpartially and without prejudice to heare the plain trueth For nothing is now after so many dayes and so hard dealing layde to our charge which was not before his Majesties parting from Barwick both objected by our adversaries and so fully answered by our Commissioners sent from us that his Majesty was pleased to continue in his purpose and to renew his Royall promise of holding the Assembly and Parliament If his Majesty was not then satisfied without answers how was it that the Assembly and Parliament the summe of all our desires were still granted and if his Majesty was then satisfied with our answers how cometh it that we should be charged with the same aspersions which were purged before This Sophisticall wrangling and grosse wronging of the truth may perhaps gaine some ground upon the credulity of strangers who are not acquainted with the order of our proceedings but can have no power with us or with others who were witnesses to our wayes but to make us the more affectionat to the cause and them more affectionat to us whom they know to bee borne down not onely by violence but by calumnies and contradiction Wee present therefore in this place both the articles where with we were charged 1639. July 18. and the answers given unto them Articles wherewith we were charged July 18. 1639. after the pacification 1. ENglish skippers abused at Leith 2. Ammunition not all restored 3. Forces not dismissed and in particular Munro his Regiment yet keeped afoot 4. Generall Leslies commission not yet given up 5. Fortifications not so much as begunne to be demolished 6. Their unlawfull meetings still keeped afoot whereby our good subjects are day lie pressed to adhere both to their unlawfull Covenant and pretended Assembly at Glasgow 7. Protesting against our gracious Declaration of the Act of pacification published in your Camp at Dunce 8. Protestation made publickly at the time of the Indiction of the Assembly 9. Protestation made against our command of the down-sitting of the Session 10. Why seditious Ministers who in their Sermons preach seditiously are not taken order with 11. Why our good subjects are deterred and threatned if they shall come home to their own native countrey and their houses 12. Our subjects are required to subscribe the acts of the late pretended Assembly or the Covenant with the addition 13. Order is not taken with the persons who have committed insolencies upon our officers and other our good subjects 14. None are admitted or allowed to be chosen members of the ensuing Assembly except such as doe subscribe and sweare to the ratification of the former Assembly 15. Our good subjects who have stuck by us and our service are publickly railed upon in the streetes and pulpits by the name of traytours and betrayers of the Countrey 16. Ministers are daylie deposed for not subscribing to the ordinance anent the pretended Assembly and Covenant 17. Why Balmerinoch and his associates did stop our good subjects from coming to us when they were ready and willing to have obeyed us and our commands 18. The paper divulged and if they avow the same Our answers at that time to those articles TO the first It is answered That the processe ledde before the Baillies of Leith and the parties and witnesses depositions taken before Captaine Fieldoun 22. of July instant will cleare this and witnesse against them that they have contradicted themselves and so are not worthy to be beleeved To the second The Cannon which were at Leith are delivered unto the Castle already the rest shal be delivered in with all possible diligence at farthest before Saturday next at night As for the Muskets all those which we conceive were taken are already delivered And if the Lord Thesaurer can prove that any of our societie did receive any more the same shall bee restored or the pryce thereof And the 54. barrells of powder shall be payed for The ball was not made use of but all lying still where they were To the third Since his Majestie will have that Regiment disbanded the same shall be done presently But wee humbly beg that his Majestie would be pleased to dismisse the Garrisons in Barwick Carlill and the rest of the borders The fourth is obeyed by the Generall his surrender which he had pressed many times before To the fifth The Town of Edinburgh pretends by their Rights and Charters granted from his Majesties Predecessours a power to fortifie Leith which must be discussed before it be taken away And yet for to shew their readinesse to give his Majestie all contentment they shall before the Parliament cause make a slope or two in the Fortifications which if his Majesty and Parliament find that they shal be casten downe It must bee at the Kings Majesties and not upon their charges To the sixth It is denyed that any meetings are keeped but such as are agreeable to the acts of Parliment and although wee must adhere to our most necessar and lawfull Covenant yet to our knowledge none hath been urged to subscribe it To the seventh It is denyed that any Protestation was made against his Majesties gracious declaration of the pacification but by the contrair both at Dunce and Edinburgh publick thansgiving was given with a Declaration that we adhere to the Assembly To the eighth it is answered that wee could not passe by the citation of Bishops to the Assembly without protestation seeing our silence might have inferred us to have acknowledged them to be members of the Assemblie To the ninth there was nothing protested against the Session to inferre any claime that any Subject or all the Subjects hath power to hinder or discharge them but onely in respect of the times when neither the Liedges could attend neither had they their writs in readinesse to pursue or defend they behoved to protest for remeed of law in case any thing should bee done to their prejudice To the tenth we know no such seditious Ministers and when any Ministers alleadged seditious shall bee called before the Judge ordinar they shall be punished according to justice To the eleventh wee know none of his Majesties good Subjects who are now deterred or threatned nor do we allow that any should bee troubled otherwayes then by order of law and if any feare themselves there is an
can be no diminution of his Majesties right or power in Assembly or Parliament and since the Pastors of the Kirk desire not to meddle with the civil affairs of the Kingdome and are heartily content for their means of life and any temporall thing that they possesse to be represented by the temporall estates of Parliament as the rest of his Majesties Subjects are whatsoever their calling or qualitie be Were the fountains and first originall of this place and power of spirituall or Kirk Lords discovered they would be found so bitter and venemous both to King and people that they would be soone disgusted of them and would be glad to apprehend the opportunitie of the temperament and moderation of Kirkmen willing to sequestrat themselves to the care of souls from State affairs and secular government which have ever proven unluckie in their hands as never being created of God for such a worke and the bane of Religion and the service of God as we of late and many other nations before us have found It is known that an act of oblivion in such a case of peace making and accommodating of affairs is very different from an act of Remission for although it beseemeth not Subjects to stand upon pointiles subtilties or complements with their Prince yet knowing the minds and malice of our adversari●s who upon the least word from us would begin to justifie themselves and condemne us from our own mouths against their just sufferings that they might be conquerours in the end And resolving to remain constant in the Confession of our own innocency that we had neither deserved the imputation of Rebellion and Treason nor yet any hostilitie and invasion but were certain our selves and laboured to certifie the Kings Majesty of our uprightnesse and sincerity in all our actions we judged it most reasonable in humilitie to acknowledge his Majesties justice goodnesse and fatherly care in giving way to the settling of th●se commotions and withall to have the authors and abettors to bear their own blame and burthen wherof to exoner them were to wrong the Kings honour and without faultinesse to defile and oppresse our selves and the cause of God The answers of our Commissioners Concerning the act of reliefe and the Five demands pag. 26. 27. and to many other propositions made to them are so full that we need to adde nothing Our adversaries have concealed more of the grounds of our actions as they are proponed by our Cōmissioners supposing it may be that they shuld never see the light then they have opposed unto the truth expresse by them yet one point of their artifice it is not meet that we should passe over They charge us upon our propositions of keeping our Castles by natives and of denying patents of honour to strangers but by such as have a competencie of Land-rent within the Kingdome that therby we are working division and wakening ancient Nationall animosities and in the mean while they fall in the fault themselves and labour by all means to provoke the English against us that our mutuall union of brethren may be changed in a slavery and subjection of the one Nation to the other that the glory of one of the two Crowns may be h●d under the other and there may be no other relation but of Master and servant which may have more aw and authority but lesse love and good liking We indeed professe that at this time it is hard to admit Garrisons of the English within our Castles although for winning the Kings Majesty to think the better of us that hath been done and we referre to the English themselves wh●ther they think it reasonable or well grounded policie to conferre titles of honour and voice in Parliament upon men who neither have place nor office neither house nor land neither sowing nor reaping in this Countrey But it is comfortable to us to think and is unto us a ground of many hopes that the two Nations so long and so far divided before are in our time straitly joyned not only by naturall union in one Iland but also spirituall in one Religion civill under one Head morall in the mutuall interchange of so many duties of love And domesticall by marriages and allyances bringing forth children to be pledges of increasing and ever-during love to both Nations we heartily wish that all our Countrey-men honoured there were like Joseph or Daniel or Mordecai men of many blessings unto them although through the absence of our King we be deprived of the opportunity and means that they may wish the like happines unto us here Neither shall there be any favour put upon our postnati amongst them in Parliament or otherwayes but we shall strive in all thankfulnes to equall it according to our small power But withall we wish that our unworthy and disnatured Countrey men may find small respect there and such as are highly respected and honoured forget not in the time of necessity the Religion and liberties the soul and life of the mother that bore them and the breasts that give them suck When the Parliament had proceeded in their articles and demands after this manner and upon very good grounds we promised unto our selves a peaceable conclusion The Lord Commissioner sheweth that it is his Majesties will that the Parliament be prorogated to the 2. of June and that by his Majesties authority only of the prorogation the praetension is pag. 30. that our aime was not now for Religion but to alter the whole frame of civill governement The deduction of our proceedings by our Commissioners hath shown what our aime hath been and what reasons and means we have used to attain it The setling of Religion as it should be determined in assembly was promised And therefore no necessary consequence thereof although importing some alteration in the members or order of the Parliament should have been denyed Other matters of Religion may be settled by Law without the smallest alteration of Parliament But when it is found by the Assembly of the Kirk to be against Religion that the Ministers of Christ be Lords of Parliament a change in Parliament must needs accompany it Other things were promised which might conduce for the good and peace of the Kingdome The particulars which were presumed to be of this kind were proponed and demanded and ought to have been disputed in face of Parliament and either received or rejected as they did deserve Of the proroguing of the Parliament by his Majesties meer commandement the reason is given pag. 31. because we had disputed it upon what grounds the dispute was may be apparant from the declaration of Parliament Which we have here set down for two reasons One is that it self may be in stead of an answer against what is opposed And therfore we only desire that after the censure thereof is read it may be read the second time and considered and there will need no other reply Another reason is that the difference may be
Commissioners subscription is declared to be one and the same with that of 1580. which giveth no warrant to such actions as ours are Where fi●st we desire it to be known universally that the Earle of Traquair his Majesties Commissioner did subscribe the Confession of Faith and Covenant with the explanation of the Assembly First in the house of Parliament in presence of the Lords of articles Septemb 6. both as Commissioner with the declaration made in the Assembly to be prefixed to his subscription and as Traquair simplie as other subjects have done Next that he subscribed the Covenant in the new house of Exchecquer as a Counsellour with other prime Lords of Counsell Roxburgh Lawderdaile Southesk and many others and that without any Declaration at all even the Marques of Huntlie shew his desire to subscribe with others but that he would have done it with protestation of his liberty outwith the Kingdome which the Ministers who were present to take the oath and subscription of the Lords could not admit But neither his Lordship nor any other pretended any scruple either in Religion or civill obedience to the King against their subscription so that neither in the Assembly nor in the Parliament-meeting of the articles nor at the Councell Table was there any suspition of treasonable combination against the King from this subscription Secondly if both that of the 1580. and this of 1638. be one then certainly this hath no more then that and that hath no lesse then this Neither is there any other difference of the one from the other but as was expressed in our Protestation Septemb. 22. 1638. such as is of a march stone hid in the ground and uncovered c. for this end and for giving full satisfaction to authority these words Wee have sworne and doe sweare not onely our mutuall concurrence and assistance for the cause of Religion c. but also that wee shall concurre with our friends and familiars in quiet manner or in armes as wee shall be required of his Majesty his Councell or any having his authority in every cause that may concerne his Majesties honour according to the Lawes of this Kingdome and the duetie of good Subjects c. are insert in the Supplication of the Generall Assembly first part of this representation pag. 48. Our third objection is That the demands proponed by us in Parliament are but matters in fieri which is so praegnant that it cannot be answered if it be considered as it was modestly proponed and very truly exponed by our Commissioners in their proceedings pag. 45 46. for many demands may be made to the articles which may be rejected by them and many things may be concluded in articles to be proponed to the Parliament which in face of Parliament being disputed may be judged inconvenient Demands are not definitions nor propositions to be accompted conclusions Things done by men must be in fieri before they be in facto esse every conception cometh not to the rypenesse to be a birth BY that which we have said we believe we are free before and in the Assembly and Parliament of insolencies and the heavy censures of Rebellion and Treason which are so ordinarily and at every other word thundered out that they are become the lesse formidable unto us who desire that all our actions and proceedings in this cause may be seen in their own colours and who are supported with this inward testimony that we fear God and still honour the King although nothing can proceed from us which will please our adversaries except we will follow their rules which are not unlike those of the Jesuits found at Padua when they were expelled the territory of Venice One of them was that men should take heed that they presse or inculcat not too much the Grace of God Another was that men must beleeve the Hierarchicall Church although it tell us that that is black which our ey judgeth to be white Vnto which we may adde the third invented by Ignatius Loyola of blinde obedience which we have no mind to practise because it is repugnant to the essence of the vertue of obedience which proceedeth from knowledge and election We intreat our adversaries to shew us in good earnest and not by way of railing In what sense have we incurred the censure of Rebellion and Treason in the Assembly as is alledged pag. 52. The Assembly was conveened by his Majesties authority countenanced from the beginning to the end by his Majesties high Commissioner all things were done with high respect to the Kings Majestie and with frequent prayers for his happines Nothing was put in deliberation till it was first proponed to his Majesties Commissioner nor any thing determined without his advice consent and approbation all was done in that order and decencie which this Nation out of use of Assemblies through the tiranny of Prelats usurping the jurisdiction of the Kirk could attain unto at the first or second time and all was closed with rejoycing in God and with many praises and prayers for the King under whose Majestie the Commissioner also had his own part And yet in the Assembly we must be guilty of Rebellion and Treason We cannot be mooved to think but the mitre of an usurping Prelat by the authority of a Nationall Councell may be thrown to the ground without the violation or smallest touch of the Crown or Scepter of Imperiall Majesty because we deny both the Tenets of the Romanists One that the temporall power of Princes is directly subordinat and subject unto persons Ecclesiasticall as having all power given them of God Another of such of them as are touched with a little shame that the temporall authority doeth not reside in persons Ecclesiasticall but is given unto them indirectly as necessar for the Spirituall which is but a shift and a difference of words what then should our judgment be of unlawfull and usurping prelats and pop●l●ngs may be easily known by others or if need were made known by our selves if this were not a digression onely this much we intended that to dethrone a prelat and to over-turn prelacie we judge it no Treason against the King And so we come to the answer of the third part of the Declaration touching our faults since the Parliament Not three or foure but Ten transgressions and exorbitancies are here libelled against us The first three are the provyding of men munition and moneyes for our own defence which in us who are the Estates of a free Kingdome is held lawfull by the Law of God and Nature by our acts of Parliament by the practise of other reformed Kirks by the testimony of famous Divines by the assistance contributed by our own Princes to other Kirks and States invaded and distressed and we adde by the judgment of many amongst our selves who in the beginning of our troubles and before the late pacification had about this their own scruples wherein since considering what is done in England for
advancing of Pop●rie and what is done at home expresly against the articles of the pacification they rest perfectly satisfied If the defence be lawful the hands of men and the aide of moneys are necessary adminicles which all the Subjects do acknowledge and therfore contribute most willingly without the least exception except of some few not against the thing it self but against their stint and proportion which yet is lesse quarrelled in this then it hath been at any time in ordinary Subsidies or taxes It is known to the world that Scotland hath no Treasures whereof to boast but on the contrary if we be blocked up we will be necessitated either to famish or to fight our selves free And although we had the treasures of Craesus or Darius we would not put our trust in them The sentence of Q Curtius which after him is become common in the world crying up moneys above the just value that they are the Sinewes of warre is upon good grounds by wise men and upon better experience recalled and exploded The sinewes of this warre if a warre shall be must be a good cause good consciences and Souldiours stout and fearing GOD who cannot bee found out by gold but will be able to find out gold as some writers about this have spoken well Our fourth Transgression is from our papers and pamphlets and namely against an Information from the Estates of the Kingdome of Scotland to the Kingdome of England Many things have been written on both sides but in very different manner inasmuch as the writings of the prelats and their partisans are full of railings detractions injuries and slanders against this Kingdome and full of sedition to stirre up our King against us much written that our defence is unlawfull nothing against the unlawfulnesse of the invasion But our writings are full of al kinds of reverence to the Kings Majesty and of respect to the English Nation pressing the matter in hand without digression or falling from the purpose upon the persons of men further then the action intended against our adversaries the authors of all these evills did inforce us The for me of answering our Information not by evidencing any untruth or undutifulnesse in it but by Proclamation and by fire and faggot is indeed for the time the most easie the most compendious and the most affrighting way to the poore ignorant multitude But England can tell that the truth cannot be consumed by fire but will rise more pure and clear out of the ashes and flye with multiplyed wings further abroad in the world then before We might also without presumption have expected that an Information coming not from a particular person or society but from a Kingdome would have found with the Councell of England some better entertainment But we trust our Informations will be more precious in the sight of our friends who know through what difficulties they make their journey and what acceptance they find at their arrivall The next three Transgressions are about the Castle of Edinburgh and certain Fortifications Out-rages and violences we have committed against none of that Castle but many have we endured out of a desire and hope of peace and for them have returned courtesies and favours Materials to the Castle were not denyed till by boasting profession was made of that which wee might have known before that it was to be turned against our selves and the Town neither then were they altogether denyed so farre as our own necessary use of materialls would permit Neither was any work raysed against the Castle but a Rampier onely for defence of a Court d' guard till violence was done from the Castle Our desire and hope of peace and our unwillingnesse by the smallest breach to lose the thankes of our former obedience have mooved us to supererogate and to doe more then wee were oblidged but have not suffered us to be deficient It is rather to bee wondered at that wee have done so much to make up a Fortification against our selves and to put weapons in the hands of our enemies then to bee reprooved that we have done no more The eight concerning the Lord of Southesk and no other of quality except Sir Lewes Stewart we remit to the information of their own Letters come to his Majesties knowledge The carriage of Noblemen of Barons and of the Magistrats of the town of Edinburgh upon the harmlesse accident of their surprizall by the multitude doth rather deserve thanks then challenge from themselves or any other as is contained in our Remonstrance pag. 32. their safety in the time and their Liberty granted them since how soon they could be in safety are reall testimonies that no evill was meant against them We would not have it supposed that we do all that we are able to do or what we do for good that it is done for evill The ninth concerning the rendring of the Towne of Edinburgh into the hands of a Committee and therby the incurring the guilt of high Treason we wonder how any should be found so wicked as to invent it and much more if his Majesty or any wise or good man can be moved to believe it They have the honour to be the first Citty of this his Majesties Kingdome and as a principall member do joyn in this common cause of mutuall defence but neither know of any such usurping Committee nor of submission to any power beside that of their Soveraigne Lord and King how ready the Magistrats and whole Body of that Town have been to all good offices for his Majesties honour how far they have strained and spent themselves upon publick works for the honour of the Kingdome how difficult commandements they have obeyed at his Majesties pleasure and how they have omitted nothing which they conceived could be brought within the compasse of the duty of humble and faithfull Subjects These who somtime professed themselves to be their friends but are now become their enemies can bear witnesse We may truly with them and in their name honour them with this testimony that as it is his Majesties glory to have one prime City in this his Kingdome so have they beside all other respects by their affections and deportments deserved to be the first and to have a better place in his Majesties estimation then to be suspect of Rebellion or Treason Declarations of this kind are devised to be divisions betwixt the King and his best Subjects The Tenth Transgression is keeped to the last place Decumanus fluctus as a great wave to over whelme us and our Cause But we have no fear so long as we saile in the ship of a good conscience which by no surge or storme can be wrecked This is that French Letter so much talked of and insisted upon as to open a gate to let in forrain power to rule over England and our selves which by what consequence it can be inferred we would fain know when a people is sore distressed by sea and land is
it unlawfull by the Law of God and man to call for help from God and man Is there no help nor assistance by intercession by supply of money c Is all assistance by the sword and by men Is all imploring of assistance an argument of subjection unto the assistant May not friends and equalls assist as well as superiors Shall it be thought that diverse Princes and Estates sued unto for help are all invited to be rulers and governours over one and the same people We love not shrouds nor disguisements we speak the plain truth and feare nothing so much as that truth be not known We never had intention to preferre any forrain power to our native King whom God hath set over us We love not our selves or the English Nation so little as to raise up any wall of partition between them and us The Proclamation at that time as may be seen in our last Remonstrancepag 34. was without example Great forces by sea and land were coming upon us Informations went abroad in other nations to the prejudice of us and our Cause This made us to resolve to write unto the French King apprehending that upon sinister relation his power might be used against us as may be seen in our Instruction printed in our Remonstrance pag. 37. What kind of assistance we called for whether of men or mediation may be best known by the Commentary of our Letter our Instructions which are ready to be seen and are signed also by the Lord Lowdouns hand now in prison and therefore if we should need to say it not falsified without subjection or soveraignitie of either of the Nations Scotland or France Aide and assistance hath been given in former times If we had called at that time or have called now in the return of our troubles upon Denmark Holland Sweden Poland or other Nations for help are we therefore inviting them all to soveraignitie over us And when all is said or done the Letter was but an Embrio for saken in the birth as containing some unfit expressions and not agreeable to our Instructions and therefore slighted by the Subscribers but catched for some great advantage by this treacherous and secret accuser of the Kingdome Another Letter was formed consonant to the Instructions and signed by many hands But neither was this sent from us although some invent or imagine that it was intercepted by the way to France would be but late to avert the danger which was so neere The Letter it self carieth two tokens that is was unperfected one that it wanteth a date another that it beareth no superscription from us Both these are craftily turned against us The blank date hath made our enemies to number this Letter amongst our pretended faults committed after the Parliament where as it is universally known that it was written in May 1639. before our marching to the Border and therefore ought to have been buried in the pacification This is well known to the Commissioner who talked of it before his going to England was occasionally made known to some of quality in his Majesties Camp The want of the superscription hath made them to indorse it Au Roy a title say they used by the subjects of that Kingdome to their own Prince only But we affirme that the Letter was neither sealed folded nor written on the back by us or by our knowledge we hold it but a poore argument ground of accusation against the French or Dutch supplicating or writing to our King if they should say To the King every King being the King in his own Dominions We love not to harp more upon subscribing superscribing or sending of letters to other Princes to the Pope himself from examples of old of late which are not hid from the eyes of the world It is sufficient to us to have justified our selves to show how innocently the Lord Lowdoun suffereth for putting his hand to such a Letter the guiltines or innocencie here not being personall or proper to the Lord Lowdoun but nationall and common to us all And although it had been a fault his alone yet what soever it was it did in time for along time go before his cōmission imployment therfore ought not to have bin challenged till he had returned to his country unclothed himself of his commission turned again to be what he was a privat Nobleman The dignity safety of nations kingdomes Estates Republicks are much interessed in their Cōmissioners Legats whether they be sent from one Prince to another or from a kingdom province or republick to their own Prince Their dignity for what is done to the Legat is interpreted to be done to them that sent him their safety because if Legats be wronged there can be no more composing of differences nor possibility of Reconciliation which is the ground of the Law of Nations whose being consists in their honour and safety and therefore it will have no Legat to be accused during his Legation for any thing committed by him befor it It commands Legats to be free even from the inferiour Law of Reprisall and doeth reckon these to be the excellent effects which it produceth in all places where it is obeyed Religion to God Pietie toward our Countrey propulsation of injurie keeping of faith and that Legats be inviolable And although there were not such a Law of Nations yet his Majesties own roy all and inviolable warrant for the coming of our Commissioners to his presence at this time is enough for their safe conduct and security If they have committed any thing at home against their King Countrey or any particular subject the fundamentall Liberties and indepencie of the Kingdome and the practises of the former times since 1603. not onely in the persons of Noblemen but of others of mean quality doe require that they be tryed and judged at home in a Legall way by the ordinary Judicatories of the Land How many bloody warres and what horrible calamities have ensued upon this transgression of the Law of Nations we leave to be remembred from the Records of history and earnestly intreat for their liberty and safety who are to us as our selves When the wittinesse and malice of our adversaries are vented to the uttermost against all our proceedings since the pacification for things done before on either side ought not to be remembred not that we fear a new try all but because they are unty mous and impertinent By that which we have said and represented the unpartiall and such as are not praepossessed will find that till the peaceable ending of the Assembly and the proroguing of the Parliament not onely the bonds of piety to God loyaltie to our King and zeal to be approved of our neighbours but our desire our care and hope that all should end in a setled peace did oblige and tye us to bear many injuries to construct all so far as was possible to the better