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A94167 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. Sydenham, Cuthbert, 1622-1654. 1650 (1650) Wing S6293; Thomason E597_10; ESTC R203680 21,895 28

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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
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 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 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 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 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 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