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A88266 An vnhappy game at Scotch and English. Or A full answer from England to the papers of Scotland. Wherein their Scotch mists and their fogs; their sayings and gaine-sayings; their juglings, their windings and turnings; hither and thither, backwards and forwards, and forwards & backwards again; their breach of Covenant, Articles, & treaty, their King-craft present design, against the two houses of Parliament, & people of England, their plots and intents for usurpation and government over us and our children detected, discovered, and presented to the view of the world, as a dreadfull omen, all-arme, and warning to the kingdome of England. Lilburne, John, 1614?-1657,; Overton, Richard, fl. 1646, 1646 (1646) Wing L2195; Thomason E364_3; ESTC R201238 23,817 28

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AN VNHAPPY GAME AT SCOTCH AND ENGLJSH OR A Full Answer from England to the Papers of Scotland Wherein their Scotch Mists and their Fogs their sayings and gaine-sayings their Juglings their windings and turnings hither and thither backwards and forwards and forwards and forwards backwards again Their breach of Covenant Articles Treaty their King-craft present design against the two houses of Parliament People of England their plots and intents for Usurpation and Government over us and our children detected discovered and presented to the view of the World as a dreadfull Omen All-arme and Warning to the Kingdome of England Ier. 5.4 And although they say the Lord liveth surely they sweare falsly Hosea 10.3 They have spoken Words swearing falsely in making a Covenant thus judgement springeth up as Hemlocke in the furrowes of the field EDINBVRGH Printed as truly as the Scotch papers were at London by Evan Tyler Printer to the Kings most Excellent Majestie and are to besold at the most Solemn Signe of the Blew-Bonnet right opposite to the two Houses of Parliament 1646. An VNHAPPIE GAME AT SCOTCH AND ENGLISH Scotch Papers Pag. 2. THe Parliament of England hath no more power to dispose of the person of the King of Scotland being in England Scotland then the Parliament of Scotland hath to dispose of the person of the King of England if he were in Scotland Ans Brethren you say very well But the question is England whether such a disposing may be either by the one or by the other Whether the Armies of Scotland being in England may dispose of the King of England being in England or no And so on the contrary But indeed it needs not much to be disputed for in words you deny your selves of that power when you tell us pag. ibid. that the Armies of Scotland have nothing to doe in the dispose of the King of England yet for all this in deeds you do assume as much as that comes to to your selves for though you plead your Scotish interest in the King of Sotland to countenance the fact yet behind the shadow of that Curtaine thus drawn before our eyes you keep the King of England from England so consequently King it over England behind which we are confident would by your selves be condemned in us in case you should be so dealt withall by the Armies of England for we cannot judge that the Armies of Scotland would count i● lawfull for the armies of England if they were in Scotland for their assistance to deny them the delivery of the King of Scotland Because being in England they refuse to deliver him to England according to the votes and desires of the two Houses of England Therefore we judge that Scotland would much more claime that priviledge in him being in Scotland for if they will claim it out of their bounds where they have no right of authority they will much more claime it within the bounds of their dominions where their power is intire to themselves Therefore is is not well done of our deare brethren of Scotland thus to cast a Scotch mist before the eyes of their Brethren of England For though as before verbally they disclaime all power in their armies for his disposall without the joynt consent of the two Kingdomes yet as deare Brethren their armies have received entertained and kept him even in his person and that before the joynt consent of the two Kingdomes and absolutely against the will and desires of ours So that the King of England and the King of Scotland is disposed of by the armies of Scotland without the consent or advice of either Kingdome We hope our deare Brethren will not say their armies received advice and direction for his entertainment from the Kingdom of Scotland for that were a capitulation with him without the privity and conjuncture of England which by them pag. 6. is disavowed But in case our brethren might receive him without the mutuall consent of both Kingdomes then why doe they stand for a mutuall consent for his delivery for by the Lord Loudou's own argument pa. 25. contrariorum contraria sunt consequentia contraries have contrary consequents Therefore if they may not part with him without the consent and advice of the two Kingdomes then ought they not to have received him without that consent If our deare brethren should urge that parting with him were a disposing of him and that they may not do without breach of Covenant and Treaty the like we retort by their owne rule of contraries concerning thei● receiving of him for receiving is by the said rule as much a disposing as parting with him so that if our deare brethren be men that are true to their owne rules and principles we may conclude that if they will not part with him without the consent of the Kingdome of Scotland that then they had the consent of the Kingdome of Scotland to receive him before they did receive him but our deare brethren doe affirme the one pag. 8. therefore from the truth and fidelity of our brethren we may well conclude the other Oh! what shall we say or think now of our brethren are they not of divine Covenanters become cheating Juglers For let any man judge whether the keeping the Kings person at New-Castle without our consent be not as absolute a disposall as afterwards the sending of his person to White-Hall Richmond-House Hampton-Court or else where by the joynt advice and consent of the two Kingdomes They would differ in manner indeed but not in the nature of the thing and the nature of the thing is the matter in hand The difference would be but in an Accident na●uely the addition of our consent it is now without it it could then be but with it and both's a disposall Yea though it should be without this consent either of yours of ours For an accident may be wanting and the subject remaine But to colour this disposall from the censure of their act our brethren doe tell us that He came voluntarily Scotland and continues voluntarily Ans It seemes from hence you would inferre that the Act of that disposing of his person is by himselfe England and not by you But for answer thereto consider your own grounds By the Covenant and Treaty you urge that his person is solely and intirely to be disposed of by the parliament of both Kingdomes and not singly or by a third but by the joynt advice and consent of both Therefore from this grant of yours your Armie neither had nor hath any power individually to make or medle with his person or in the least wise to dispos● of it no not for a minute in this place or that place for this or for that or till things should be so or so therefore your Act of entertainment of his comming was by the just sequell of your owne ground an actuall disposing of his person pro tempore even as well and as really as
if you should dispose of it for ever for the difference would only be in the protract of time not in the nature of the thing Further the thing betwixt the two Kingdomes by the Conant and Treaty is not what he might doe but what the two Kingdomes thereby are mutually bound to doe for the Covenant and Treaty was not made with him but betwixt the two Kingdomes So that his voluntary Act was nothing to your nationall duty and obligation for his personall will was no wise included in the condition thereof Then was neither his personall assent nor dissent required to the making either of the one or the other So that his voluntary comming or staying is neither here not there to your act for this receiving and retaining though voluntary by him is as well an actuall disposing of yours though not in that aggravation as if you had fet him and continued him by force or constraint as you call it And therefore the act of your receiving and keeping his person without our consent is that against which we except It is not about the manner how whether by his will or by your force that our difference is stated but about the definitive matter of disposition it selfe although with your manner how and the like you would delude us and divert us from the state of the question reasoning from the manner and so concluding against us in the matter when indeed you should reason from the matter and then it would be otherwise Therefore your receiving and continuing is an absolute possession and disposing thereof and so it is your act Besides he could neither enter nor continue without your consent For can a well fortifyed City be entered by a single man without force or there be continued except the Citizens please and is not your armie equivolent thereto Therefore it is the act of your pleasure though his be added therto the addition whereof nothing diminishing there-from for by how much the more his pleasure and your pleasure agrees without ours by so much the more is it dangerous and suspitious but the concord conjunction thereof is to such an high measure aspired that you are not ashamed to tell us that you will not have him delivered or disposed of contrary to his will which must needs be his personall will for were it his leagall will he then would be assenting to the Orders and determinations of his great Counsell the two Houses of Parliament his legall will wee are sure it cannot bee except from the Parliament he carried with him the Soveraign power of the land it hath journeyed with him ever since and now with him he hath brought it to our dear Brethren of Scotland If it be so then truly our Brethren have all this while of their concurrance with us against him been Traytors and Rebels thereto as well as our selves yet sure our dear Brethren if it be but for their credits will not say so and if they doe not then what are our brethren now It must needs be granted and concluded at first or at last So that how to award our dear Brethren from Treason and Rebellion against the Soveraigne Power of this Land wee doe not see therefore our dear Brethren might doe well with their next papers to send us a paire of Scotish-spectacles that are fit for our eyes and their caractar for by our English reading printed by Evan Tyler at London wee can read them no other as yet Therefore in the meane time in our answer to the Will of the King we must consider that Will as the Will of Charles Steuart contrary to whose Will you will not have him disposed so that in deed and in truth you place the whole power of the disposall of Charles Steuart in the Will of Charles Steuart and make that his personall Will the Essence of that Disposall for the Will of Charles Steuart if he must not be delivered without it may contradict null and make voide whatever gainesaies So that the advice and consent of the two Houses c. which you so oft talke of in your papers is but a shaddow without a substance cast before our eyes a Nut without a kernell that you have given us to crack a Bore without marrow that you have thrown in amongst us So that we can judge little better of our brethren in this then of such as carry water in one hand and fire in another Scotch Papers page 4. Our Armies are not tyed to be subject to the resolutions and directions of either Kingdome Scotland but of both joyntly Answer If your Armies be so tyed and obliged England then how came they loose and obsolved thereof in this your reception and continuance of his person without their resolutions For as yet there hath been no joynt resolve of both Kingdomes about it and thus to put trickes upon us you play fast and loose at your pleasure When you plead for your selves page 2. you say it is a fundamentall right and liberty c. that none can without consent impede or restraine your King from comming amongst you to performe the duties of a King and with this you would cover over the act of your admission and reception of his person And when you reason against the two Houses in opposition to their Votes you tell us it is one thing what the Parliament of England might have done in another cause and warre before their engagements by Covenant it is another thing what ought to be done after such conditions and tyes imposed c. whereby you would deprive the two Houses of that which before you urge for your selves namely fundamentall Rights c. and utterly debar them in this difference from all retrogradation beyond the Covenant yet your selves will run in infinitum beyond it you can urge your fundamentall Rights and liberties for you your selves in your reception of the King of Scotland but will not permit them upon any termes because of the Covenant from their fundamentall rights and liberties of the Kingdome of England to Vote the disposing of the King of England in England Therefore by your favour dear Brethren of Scotland since thus you play at boe-peepe with your Brethen of England we will answer your first reason with your second It is one thing what you might have done before the Covenant and another thing what you may doe after but by the Covenant even as your selves say His person must be absolutely wholy disposed of by the joynt advice ctconsent of both Parliaments so that by your Covenant you are bound not to medle at all singly in his disposall eitherof so much as receiving or entertaining him But let us a little expostulate with our deare brethen of Scotland is this your dealing with us as becomes brethen Is this your brotherly conference to condemne that in us which you will allow in your selves first to plead your fundamentall rights and freedomes c. And then in the
to the two houses of Parliament without the consent of the Kingdome of Scotland for if his voluntary comming be the reason of the one then his unvoluntary comming must needs be the reason of the other for as your own paper Champion saith contrariorum contraria sunt consequentia therefore hereby you have brought the consent of your own Parliament to be inferiour and subject to his will the which notwithstanding the said Champion told him they should be forced to settle things without in case he should not assent pag. 19. The which reasonings if they be not pro and con be you your selves Iudges and let the world judge whether it be fair dealing so to reason in a matter so neerely concerning the weale of the two Kingdomes the lives and states of thousands and ten thousands Scotch Papers Ibid The place of the Kings vesidence is at his own Election in either of the Kingdomes as the exigency of affaires shall require and he shall thinke fit or else must be determined by the mutuall advice and consent of both Kingdomes Ans What more fast and loose still Sometimes with your consent and sometimes without your consent sometimes with the joynt advice of both Kingdomes and sometimes without it sometimes with his personall will and sometimes without his personall will and now to make all indifferent What is the meaning of our brethren in this are they not in their witts thus to jumble and jump forward and backward and backward and forward againe and then to lye all along betwixt both For by this clause it seemes that the disposall of his person is indifferent either at his will or at the ioynt advice of the two Kingdomes Vtrum horum mavis accipe one of the twain chuse you whether so that if his person be either wise disposed yet by this clause it is justified the one as well as the other being asserted in that clause then againe to adde to the number of those jugling Husteron-Proteron trickes by the position of their order they make the will of the King predominant to the consent of the two Kingdomes for if by locall position we may judge of preheminence according to our nationall custome the greater to take the wall of the lesse then the will of the King is thereby preferred before the consent of the two Kingdomes for it hath the precedency therein How ever by that clause they are made of equallity for they are not urged by the way of disparity but by the way of equallity therein Therefore by that clause there is not a pin to chuse betwixt them So that which is first gone forth whether his will or the two Kingdomes consent that must stand irrevocable and not to be moved by the other for could it then were it as nothing a meere shadow without substance for then the absolute disposing were only in one because if one may depose what the other disposes then that which disposeth is all in all and the other hath no will vote choice or consent in the thing but is wholy dependant and must be subject to the power of the other which may conclude order revoake and reverse at its pleasure Therefore from this reasoning of our deare brethren it followes thus 1. That this present disposall of his person being as your selves say voluntary is irrevocable by either or both Kingdomes because his will for that disposall was first past forth which for that matter as is already proved by this present ground of yours is as unalterable as the Lawes of the Medes and Persians So that it is in vaine for the two Houses of England to expect a delivery of the King of England from the Scotish Armies for by this to make sure worke of his person they have put themselves out of a capacitie of his delivery upon any tearmes whatsoever And therefore we may bid our gude King gude morrow my Leige for all the day and for ever Amen Farewell frost if he never come more nothing is lost 2. If by the sentence and judgement of our dear brethren of Scotland the Kings personall disposall be at his owne Election and Will and so inherent therein then by the sentence and judgement of our deare brethren of Scotland the dislocation of the Kings person by his personall will all this while from the two Houses of Parliament of England is justified and our deare Brethren of Scotland thereby made confederate with him in that act and so consequently guilty of all the rebellion made by his personall will against the two Houses of Parliament and the People of England 3. If by the Argument of our deare brethren of Scotland the King according to the exegencie of affaires may dispose of his person at his pleasure then by the Argument of our deare brethren of Scotland according to the exegencie of affaires the King may depart from our deare brethren of Scotland at his pleasure when or whether he pleaseth although his pleasure should be never so pernitious or perilous to our deare brethren of Scotland for his pleasure may only be knowne to himselfe and not at all to our deare brethren of Scotland no moe then it was foreknown as our deare brethren would make us believe at his comming to them Therefore if our deare brethren of Scotland will have him according to the exigency of affaires to be disposed of at his pleasure then according to the exigency of affaires our deare brethren of Scotland must run the hazard of his pleasure But for be better deciding of the matter about his will it is to be questioned 1. Whether since the Covenant and Treaties either England or Scotland may assert that the place of the Kings residence is at his owne Election the which as the case since hath stood may in no wise be honourably granted for thereby in all reason it must be concluded that the two Kingdomes tooke upon them the sole disposall of his person without the least relation or respect to his personall wil For should that not be concluded then his arbitrary disposal of his person so many times in open and actuall hostility against the Parliament and people of England were justifiable 2. It is to be considered that though before this his hostility against the Parliament and people he might dispose of his person from White-Hall to Hampton Court or the like without the joynt advice of the two Kingdomes whether now the case be nor altered or no 3. In regard he hath most properly leavied and made warre against the Parliament and People of England and in regard the Scotch engagement was but in assistance of their brethren of England Whether his person thereupon is not most properly due to the two Houses of Parliament and thereupon they might properly vote the disposall thereof notwithstanding his King-ship of Scotland by reason the Offence was properly against them and a maine end of the war was to reduce and recover his person unto the Custody and power
so to be possessed and deluded But further in the said pag. you say because you came into England for prosecuting of the ends of the Covenant whereof one is to defend His Majesties person you thinke it a strange thing that your being in England should be urged as an argument why you should deliver up the person of the King to be disposed of as the two Houses should thinke fit Ans For the matter of your being in England we shall for the present referre you to Mr. Chalenros speech and only consider the reason of this clause which we conceive to be on this wise that because you are by the Covenant bound to defend His Majesties person that therefore you will not deliver up his person to be disposed of as the two Houses shall think fit which is as much as to say because you are to defend his person that therefore the two Houses of Parliament are his enemies which manner of reasoning is as if we should say because ther were dayly seecret whisperings and wishings at our Queens Court in France that the King might but get safe to the Scotts and because the day of his setting forth out of Oxford towards them was fore-known at her Court That therefore Sehrant the French agent ran up into the Earle of Northumberlands Bed-Chamber in the morning before he was up and surreptitiously surprised in his Chamber window a packet of Letters inclosed in a blanke paper superscribed forsooth for their better conveyance to the Earle and breake the same open and said they were his and so the one peep'd at the other and saw one another and away hied Sebrant as fast as he could and carryed with him the whole plat-forme of your you know what Now Brethren how like you your owne kind of reasoning Is not this a prittie kind of Argument thinke you neatly formed after that most hallowed pattern received from the Angel at Le font bl●u And therefore seeing our Brethren have so far discharged their trust as after all their Protestations Covenants and Oaths to Almighty God their Solemne League and Treaty with their Neighbour Nation of England thus in the field to meet us in this free and brotherly conference with such Solemn Covenant-Logick we may have doubtless great boldness confidence with our dear brethren of Scotland to pay them in their owne coyne for current and good Silver especially considering whose Image and superscription it be●reth So that upon the point we wish it be not of the sword we are agreed with our gude Lord Loudoun to give unto Caesar the things that are Caesars c pag 26. But now since our brethren take upon them in their armies to defend his person we desire of our deare brethren to tell u● against whom is this their defence If against us and our armies then we●e●ly that if your Covenant now bind you thereto then why did you not by this Covenant joyne armies with them before in all his H●●●i●ity against the two Houses for by our s●●●tility his person was endangered and subject to the ca●u●●ity and execution of warre himselfe in person and in armes appearing against ●u●● Scotch Papers Pag. 9 And whereas it is affirmed by the Treaty the Scotch Armie ought to doe nothing without a joynt resolution of both Kingmdomes or their Committees there is no such clause in the Treaty but they are to be subject to such resolutions as are and shall be agreed upon and concluded mutually between the Kingdomes and their Committees Ans By thit we may see how willing our brethren are to get a creep hole and how they shufle and cut to strugle themselves out of the Btyers But gude brother Jockie be content to stick here a while for if to their Resolutions as you say you must be subject then you must not be subject to that which is contrary to their resolutions But your armies retaining of his person is contrary to the joynt advice and consent of both Kingdomes for as yet both parties are not agreed Therefore this is a manifest breach of the Treaty so that if you wou'd have done as becommeth brethren you should have stayed first to have heard the joynt advice or consent of both Kingdomes before you had given him entertainment For indeed had there not been mischiefe designed in the thing and intended against this Kingdome the King knowing the mutuall obligation and solemne Vnion betwixt the two Kingdomes and the mutuall relation he had to them both and each mutually to him would if he had intended to lay down armes against this Kingdome rather in this emergency of War have dsiposed of his person honoured by both Kingdomes with the title of the King of both Kingdomes to the Committee of both Kingdomes wherein the joynt military interest of both Kingdomes is represented conferd and united and both thereby incorporated into one deputative body and as it were both made flesh of each others flesh and bone of each others bone that so in that one act and at one time both Kingdomes equaliy and respectively would have received their King of each Kingdome though presented in one person even England and Scotland have received and kept the King of England and the King of Scotland in that their entertainment of his person for the bet●er disposall thereof by the Parliaments and Estates of both Kingdoms being conquered by the mutuall force conjunction of their armies for then neither Parliament Kingdome nor Armie had acted singly or divided but it would been absolutely an act of both Kingdomes This we say he rather would have done then in this factions divided neture to have thrown himselfe upon one Kingdome unknown to the other and without the others advice and consent had it not been on set purpose to have cast a bone of division betwixt them that both He and your selves by joynt occasioned faire opportunity might compasse your designes to subjugate the neckes of the Freemen of England to your Scotch Monarchicall Yoake of Bondage in gendering strife And you your selves had your intentions to wards us been upright should rather have referred him to the said Committee of both Kingdomes then thus to have attempted the receivall of him by your own millitary power which was a desperate thing however in case unawares he were received yet you might ere this knowing the mutuall and joynt interest of the two Kingdomes so well as you doe and seeing it raiseth-such jealousies and is likely to occasion such a desperate and bloody division betwixt us you might ere this have delivered or at least proposed the resignment of His person if not to the two Houses yet to the custody of the said Committee to whom indeed naturally and properly as the case now standes betwixt the two Kingdomes he belongeth no joynt power of the two Kingdomes but that being extant to be by them retained till the joynt consent and determination of both Kingdomes You tell us that at the hearing of the
what Auxiliaries or helpers have they been unto us except to carry away our gudes and to drive away our cattle c but also in plaine termes to make all the blood that hath been shead but as water spilt upon the ground to capitulate with us about the Kings personall Will whether his Will must rule the roast or no By our consent he shall first turne the spit before his will shall rule the roast our Lawes Lives and Liberlies are more pretious then to be prostitute to the exhorbitant boundlesse will of any mortall Steuart under the Sun And therefore both He and your revolted Armies may be content for we will spend a little more of our blood before that come to passe you may as well twerle up your Blew caps and hurle them up at the Moone as to expect Englands assent unto that no no Deare Brethren wee are neither such fool● not such cowards or yet such Traitors to our selves or to our posterities to our Lawes or to our Liberties as after we by the blood of us and our children have gained a conquest over that Arbitrary faction so basely to returne like Sowes to the mire or Dogges to the vomit againe no sure deare Brethren wee have not been thromming of Caps all this while and therefore that is not to be expected wee are content that our Brethren of Scotland should be our Brethren but notonr Lords and our Kings to snatch the Scepter of England out of our hands and to make us their slaves and Uassailes what care we for Charles Steuarts assurance thereof under his Hand and Seale we will mainetaine our just Rights and Freedomes in despite of Scot King or Key●●r though wee welter for it in our bloods and be it knowne unto you O yee men of Scotland that the free-men of England scorne to be your slaves and they have yet a reserve of gallant blood in their veine● which they will freely spend for their freedom But to returne to the Game in hand Further. From the words of the forementioned clause of your papers this you import that you are by the Oath of Allegeance bound to keep● his person from all harme and therefore your Armies will not deliver up his person to be disposed of as the two Houses shall thinke fit As if the two Houses by that their vote had intended mischiefe to his person or else why should you urge that in competition with their vote if thereby you did not plainly conclude that their vote was an absolute intent of harme unto his person But good brethren let us tell you that though the two Houses of England have voted the disposall of the King of England as they shall think fit it doth not therefore follow that there is absolute harm to his person therby intended in their vote but you make a surmise then take it for granted and forthwith thereon build the structure of your defence But we hope it doth not therefore follow because our brethren surmise it except the sence of our Votes our Orders and Ordinances of Parliament must follow the surmise of our brethren that what ever their surmise is that must be their Sense and Intent and no other And if as you say you will not inforce any sence or construction upon their Votes then why will not your armies deliver him upon their Votes for feare of harme to his person as if they had plainly intended with Salomons sword by that their voted disposall to have divided the King of England from the King of Scotland and so give each kingdome their just portion in his person But why should our deare brethren reason thus sophistically and deceitfully with us and conclude thus inconsequently against us Sure they have better Covenant Logick then this for the antecedent of that Argument doth nothing at all prove the consequent thereof Therefore if our deare brethren please for the better discovery of their falcity we shall cast that their kind of Argument into a forme after its owne nature and kind which is thus A Scotch Argument The two Houses of Parliament have voted the disposall of the Kings person as they shall thinke fit Ergo. The Scotch Armies may not deliver up his person to the said two Houses for feare of harme to his person Truly dear brethren this Gear hangeth together like an old broken Pot Sheard And wee deem that you would be much displeased with your deare brethren of England should they returne the like reasoning to their brethren of Scotland But least our deare brethren of Scotland should judge us their brethren of England ingratefull their brethren here send them a congratulatory pair of reasons formed after the same or the like kind desiring in their next papers to be resolved whether such reasoning with them be faire dealing or no to wit 1. Argument My gude Lord Lesley came to Montrevill Embassador for France residing at Southwell there to commune with the King Ergo. My gude Lord Lesley fell down on his knees resigned up his sword and laid it at the feet of the King and then received it againe of the King 2. Argument My Lord of Northumberland and Sebrant the French Agent looked through an hedge and the one saw the other Ergo. They two are both nigh of a kindred Now having sent you a paire of brave Scotified arguments wee 'l throw an English bone after them for your armies to gnaw upon A scandalous person may chance to prove a good man But some of your armie are full of Back-biters Ergo your whole armie are scandalous persons But now deare brethren we cannot thinke that this will be judged faire reasoning in us but if you condemne it then why doe you use it untill you revoke and renounce your errour therein this our like reasoning must not be condemned by you But by this we may plainly see that you have some mischievious designe against the two Houses of Parliament that you would insinuate such an opinion into the people of England against their two Houses of Parliament And that upon such high tearmes of contestation to wit that for that reason to wit harme you will not deliver them their King upon their Vote what may we judge by this but that you intend destruction to them thus to set the hearts of their people against them by your scandalous and seditious surmises and iealousies sowen amongst the people of England for absolute truths for if you give it not forth as a truth why will you urge an argument from thence Sure our Holy Brethren of Scotland are not so voide of Conscience and grace as to make a Lye a foundation of their practice We doe assert that the King comming voluntarily to the Scotish Army they cannot in duty deliver him against his will to the two Houses of Parliament without consent of the Kingdome of Scotland Ans Then it seemes if he had come against his will you had been bound in duty to have delivered him against the same
of the two Houses But now whereas you urge his voluntary comming as if it were only voluntary in him and not like voluntary in you which by Covenant compact and treatie was not upon any termes or in any wise without our consent to have been by you It is a plaine case that there was a voluntary concurrance betwixt you even of the Kingdome of Scotland with the King of England before he had laid downe Arms taken up in Rebellion against the Soveraigne power of his Throne the two Houses of Parliament and against the Free-People of England and that absolutely by you without the joynt advice and consent of the said Houses and Kingdome for you foreknew of his intent and were fore acquainted with his comming before his arrivall at your Armie and this is not only to be proved from the secret and trayto●rous Treatie betwixt you and the King from the latter end of March last 1646. Managed by the intervention of Montrevill the French Ambassador and designed in France but also by what was-open manifest and undenyable For to omit his foot-steps from Oxford he came publickly into Southwell foure miles distant from your Armie and there was entertained by the said Montrevill who was deputed and provided to receive him and forthwith he sent unto your Armie to informe you that he was come thither then Lesley your Generall Metrapolitan over all the Blew-Caps of Scotland repaired unto him and with him entertained a Treatie and so he came voluntary to your armie and there voluntarily ever since doth continue as you your selves doe confesse Now let any reasonable man judge whether here were not a mutuall concurrence of voluntary consent before his enterance into your Armie without all advice and consent of ours And whether it is reasonable to imagine that the King should cast his person voluntarily into the hands of those which were the first commoters and raiser of troubles and warres entring his dominions of England with open Hostillity for which he proclaimed them Traitors and Rebells and now again●stand Traytors and Rebells by his Proclamations and Declarations and which are still in Armes against him and by solemne League and Covenant contracted and aspoused to the two Houses of England in their war-fare against him without the fore knowledge consent compact assurance of your armie and Kingdom truly for our parts considering all his politick subtile and crasty plots and proceedings in all his Millitary designes we cannot imagine him so inconsiderate and mad● as to run his person without all assurance on such a perillous hazard or play such a card as that at a vensure amongst you without a full fore surety from you and a compact betwixt you under hand and seale for his entertainment and successe with you and if we may judge the tree by its fruits we are sure it can be no other Besides had you not been concurrent in will with him contrary to our privitie and consent he could not have entred much lesse continued in your armie without your consent and whether you would or no. So that indeed and in truth as the matter now stands betwixt you and us his comming must needs be reputed and concluded your single act and neither may we nor can we esteem it otherwise for his will or his Action is nothing to the state of the question or difference betwixt England and Scotland in this matter for you your selves say pag. 9. that it is cleere from the third Article of the Treaty that the Scotish armie is to receive the directions of both Kingdomes or of their Committees in ALL THINGS which may concerne the pursuance of the ends of the Covenant and Treaty whether in relation to PEACE or WARRE In the eight Article no cessation pacification or agreement for peace WHATSOEVER is to be made by either Kingdom or the armie of either Kingdome without the advice and consent of both Kingdomes Now deare brethren by these very words of the Treaty thus cited by your selves you are by your selves exempted and denyed of all power of intermedling about any thing whatsoever concerning peace or warre without the advice and consent of the two Kingdomes If so then why have you attempted this act of reception and detaining of his person without the mutuall concurrent advice and consent of the two Kingdomes which so mightily concerneth our weale or our woe our peace or our warre for this your seasure of his person in this manner is of as high and great concernment about the matter of warre as can be imagined for it openly and apparently threatneth division and warre betwixt the two Kingdomes and thereby you your selves are the deviders and threatners contrary to your old and present asseverations and abjurations in your booke of former Intentions thus you assert of your selves we could iudge our selves the unworthiest of all men See intentions of the Armie of Scotland pag. 3. and could looks for no lesse then vengeance from the Righteous God if we should move hand or foot against that Nation so comfortably represented to us in that honourable meeting And pag. 10. Let them be accursed that shall not seeke the preservatition of their neighbour Nation and in your former Informations Declarations and Remonstrances you have cursed all Nationall Invasions and Treacherie And now in the Papers you cry God forbid that the wayes of separating interests of the Kingdomes should now be studied pag. 5. And in the Lord Loudouns speech in the Painted Chamber pag. 21. That no man hath conscience and honour who will not remember our Solemne League and Covenant as the strongest bond under Heaven between God and man and between Nation and Nation c. Yet these asseverations and execrations are now made as nothing and these your strongest bonds between God and man as you call them are but as Sampsons cords to be burst asunder at your pleasure but God will deliver up your strength if by your timely repencance you doe not prevent the vengeance of Heaven which hangs over your head For why will you thus fairly professe with your tongnes unto us and deale so treacherously with us in your hearts why should you receive and entertaine the King and yet protest against all sole disposall of his person and why should you tell us that his Majesties comming to your armie is a more probable and hopefull way to preserve the union of the two Kingdomes when as your selves see that it is the most unluckiest meanes of division and of fomenting a war betwixt the two Nations as Hell could broach and though the Lord Londoun breath out your menaces about that disposall and openly thre●tneth us with forces from Scotland and Ireland and with the assiistance of forraign Princes yet all this you would make us beleeve were we but as the Horse and the Mule which have no understanding is for the stricter and firmer union betwixt the two Kingdomes but deare brethren we are not so undiscerning and sottish
some others not to answer to interrogatories concerning themselves and therfore we shall forbear at this time further to question the faith and sincerity of our Brethren in this particular only wee shall desire because our Brethren in their papers are verbally so tender over the Harrased oppressed plundered North wherefore besides the extraordinary losses and charges thereof their ordinary cessements where the forces are quartered are levied and paied after the rate of about 140000 pounds a month upon the whole County which is twenty times so much as they ought to leary by the Ordinance of Parliament as appeares by a Letter June 26. 1646. from sundry of the Committee of Yorke to the Commicee of the Lords and Commons Wee will assure you Brethren that this dealing together with your severall rapes murthers oppressions abuses which hath bin are dayly acted upon the wel●aff●cted in those parts are farre from the first professed intentions of the Scots Army at their first comming into England 1640. Where page 11. you doe declare that you would not take from jour friends and Brethren of England from a thread even to a shooe-latchet so that our Brethren are not the same or else they are much changed for from the beginning it was not so however this will we say of our Brethern that as they tell 〈◊〉 page 6 that the Oath communicated to them for the disposall of the Kings Person by the two Houses may suffer a benigne interpretation and be understood of the disposing of the Kings person favourably and Honourably yet as the words stands they are comprehensive and capatious of more then is fit to be expressed so answer we our Brethren that though their unreasonable cessements their dayly rapes and murthers robberies oppressions insufferable abuses upon their dear Brethren and sisters in the North may out of a Brotherly construction receive a benigne interpretation and be understood but as escapes of their Armis yet as the deeds so stand they are comprehensive and capatious of more then is fit to be done And therefore deare Brethren we cannot but justly wonder why you should be so unbrotherly and unkind to your Brethren of England notwithstanding thes●● great oppressions of yours upon them now to capitulate with them for such vast sommes of money and that upon such high termes as not to surrender their Garisons and quit their Kingdome of your Armies without 200000. pound downe in your hands Indeed Brethren let us tell you wee can judge it as yet little beter then invasion upon our Land to capitulate with us upon termes before you will resigne us possession of our owne Garisons Forts Castles Countrys c. for upon no termes whatsoever have you any right or property unto any of the Forts Castles Garisons or Countries of the Kingdome of England or in any wise to attempt possession therof or upon any termes to refuse there fignment thereof for so long and so much are you invadors of our Land for not an hare breadth of England nor a minute possession thereof is yours by any legall equall or National Right except you will say that you our Brethren of Scotland are now become Kings of England and indeed your actions and usurpations are equivolent thereto for as well as to doe what you doe you may possesse it for ever and make invasion upon the rest of our Land for protraction of time and increase of quantity cannot alter the equity of your title it being as much to the whole Kingdome as to a part and as well for ever as for a minute But indeed and in truth it is neither in the one or yet in the other But you tell us pag. 16. Reasonable satisfaction must be first given to your Armies for their paines and charges before you will surrender Why brethren must you therefore take possession of our Garrisons Castles c. Because in equity wee are bound to give reasonable satisfaction to you for your mercenary assistance Our Garrisons Castles Forts Countries c. were not put into the bargaine neither were they ever as yet set over to you as a pledge for your paiment but notwithstanding Covenant Treaty or any other obligation whatsoever betwixt us they are still the absolute interest and propertie of England which by this your refusall to quit them is absolutely invaded and usurped and your continuance of their possession upon those tearm●● is a continuance of be●●tile invasion and incursion upon England And is as much as if you had entred by force for Dolus an virtus qu●ts in hoste requirit it is all one to the nature of the thing whether by force or by politick dece●pt for both can be but possession so that this your possession of our Countries Castles c. under the colour of expectation of pay before you depart is in the nature of the thing as absolute invasion and incursion as if you had entred and over run those places by force of Armes For though we be bound to give you reasonable satisfaction yet by that obligation we are not bound to forfeit our Garrisons Castles Countries c. into your hands till it be given We will grant you that reasonable satisfaction is due but what is that whether a certain summe of money or else our Garrisons Castles Countries c Your selves only make claime to the first and therefore and in respect of our owne incerest we will be so bold as not to disclaime and yeeld up our right in the second upon any pretence whasoever And in case reasonable satisfaction should be denyed it could be but a falsitie and breach of faith it would not therefore follow that our Garrisons Castles Countries c were become forfeit into the hand of our brethren the Scotts Or because we should doe evill it doth not therefore follow that they should doe evill for evill againe for that were contrary to sound doctrine and the power of Godlinesse a clause of the second Article in the Covenane from which our brethren tell us that no persuasion terror plot sugi●stion nor combination shall never directly nor indirectly with draw them and in this Covenant there is no such clause expressed intended or implyed that in case we should not give them satisfaction according to agreement that then our Garrisons Castles and Countries should be forfeit to our brethren of Scotland Therefore if you would but deale friendly and as becommeth brethren whereof you make such profession with us you would not take advantage at your brethrens necessitys to deale thus unkindly and unbrotherly with them as if they had entertained so many Turkes Pagans and Infidells into their bosomes in stead of brethren as to sease upon their possessions their Garrisons Forts Castles Countries c. because this reasonable satisfaction cannot be provided as soon as you would have it and as they desire and endeavour it This is not a doing as you would be done to this is no brotherly bearing of one anothers
next page to tell us wee doe not medle with any of our single rights priviledges or Lawes of our Nation c. and a little after unlesse wee lay aside the Covenant Theaties Declarations of both Kingdomes and three yeares conjunction in this warre neither the one Kingdome nor the other must now look back what they might have done singly before such a strict union What shall wee thinke or what shall wee esteem of our deare brethren for this Wee know not how to excuse them of lying but however this will wee boldly affirme to our Brethren of Scotland that this latter argument utterly cuts off our Brethren from the refuge of what ever our Brethren might have pleaded before the Covenant and strictly testraines all their arguments concerning the interest of the Kingdome of Scotland in the King of Scotland and about their fundament all rights and liberties c. for they all were before the Covenant and so in this matter are quite out of date and comes not into the compasse or nature of the dispute even by your own bounds and limits by your selves thereto affixed which considerations may serve as an answer to one great part of the papers therefore we may wel wonder at this your manner of reasoning cannot otherwise reasonably judge but it is to cast a Scotishmist before the eyes of the free men of England on purpose to delude them Scotish Pap. page 4. Scotland The ends of the Covenant are not to be prosecuted by the two Kingdomes as they are two distinct bodies acting singly but they were united by solemne Covenant made to Almighty God by league each to other as one intire body to prosecute the cause Answer As by this argument you were not to meddle at all in the least kind about the disposing of his Person not so much as to give him entertainment that being an actuall disposing pro tempore as aforesaid without the mutuall consent and Order of both Kingdomes proceeding So by this argument also a second is absolutely excluded from this Covenanted disposall for hereby there is an union of two Kingdomes in one for one end and an vnite admits not of a second or third for then it is no more one but two or three So that it is as cleere as the Sun that this unity of consent betwixt the two Kingdomes admits of no addition or division whatsoever for so the property of that Bi-unity were lost If another were added to that vnity then were it a Tri-unity and not a Bi-unity and if that unity should be devided then were it no unity for pura unitas est indivisibilis Why therefore you should bring in the Kings consent betwixt the two Kingdomes wee see not except you meane to play fast and loose and set open a doore to all forraigne Nations to have a title to this consent for as well may you say that France Spaine c. must have their consent in this businesse as well as Charles Steuart himselfe for the Question is not what Mr. Steuart would doe with his person or what France or Spaine c. would doe with it but what the two Kingdomes by this Covenant are bound to doe therefore the bringing in the Kings consent and will into the bargaine is a meere nullity as concerning this matter to the Covenant So that your repairing to his Will and consent is an absolute departure from the joynt interest of the two Kingdomes and from the Covenant obliging there to for you will not deliver him or doe any thing with him without his consent Therefore why doe you at all talke of the Covenant or the interest of the two Kingdomes Tell us no more of such blew shadowes and Sculcaps but tell us of the Will of Charles Steuart And if we must needs dispute let that be the question whether the will of Charles Steuart be the Law of all Lawes whereto Parliaments Covenants and Treates Kingdoms must be subject If you will deale with us upon that point we shall not doubt but to make a reasonable returne Scotish Papers page 6. Scotland If the Scotch Army should deliver up his Majesties Person without his owne consent c. this act of the Army were not agreeable to the Oath of Allegeance obleiging them to defend his Majesties Person from all harmes and prejudices nor to the solemne League and Covenant which was not intended to weaken but to stregthen our Allegeance c. Whom therefore our Armies cannot deliver to be disposed of by any others at pleasure Answer England By this it seemes that the Scotch Army are obsolutely devoted to the will of his Person for except he will you say that your Armies cannot you might as wel have said wil not deliver him up to be disposed of by any others which saying excludes the whole world except his Will So that in effect by this you have as well excluded the pleasure of your own Parliament as the pleasure of ours or any others Sure our deare Brethren of Scotland are not themselves to speake thus they cannot tell what one while to urge the consent of their Parliament and then by and by to deny themselves of it againe Well but you say it is against the Oath of Allegeance and the Covenant for the Armies to deliver him up against his WILL. And why so deare Brethren we beseech you is the Oath of Allegeance and the Covenant confined to the dictates of his Personall Will that what is contrary to his Will is contrary thereto For here you make his Will the very Axeltree upon which your argument turnes and therefore by this your reasoning both Kingdomes are by the Oath of Allegeance and by the Covenant obleiged and irrevocably bound it being made to Almighty God to be subjected to his Will yea and as much as in you lyes you have thereby concluded and conform'd a title upon him even from Almighty God to Rule by his Arbitrary pleasure and made both Kingdomes Vassales to his Will. Is this the affection and duty which becomes Brethren that 5. you tell us you were put in mind of That after you had espoused your Brethrens quarrell page ibid. by that espousall to contract your brethren to his Arbitrary pleasure But as you in another case so say wee in this wee cannot but expect better things from our Brethren page ibid Sure it is not our deare Brethren of Scotland that thus write h●w shall such a thing as becommeth Brethren enter into the hearts o●●●r Brethren of Scotland except since his Majesties arrivall our deare Brethren are run quite besides themselves as aforesaid Some indeed have strange thoughts of our Brethren and conclude them m●●● knaves then sooles and that little better ever wa● to be expected from them seeing now they are not ashamed only to tell us pag 7. that the Scotish Army came not into this Kingdome in the nature of Auxiliaries or helpers and indeed they have proved as good as their words for
infirmities or of one anothers burthens but in stead of a brotherly easing this is a ●unfriendly oppressing besides the great standell it casteth upon your brother Nation of England as it the Parliament and People thereof were so unfaithfull unnaturall and false hearted not to be trusted upon their faith and honour with their brethren of Scotland with whom there is such obligations of unity and brother-hood for the palment of the said sum of money with their utmost expedition doubtlesse we should never have been so ungratefull and unfaithfull with our brethren as to have dealt unjustly with them therein But ●e are afraid that this money demand was but a forraign invention to catch us upon the lurch supposing by reason of the unreasonablenesse of the matter and the invasive manner thereof the two Houses would not assent thereunto and so by such meanacing provoking rearmes as the detaining of our Garrisons under the pretence of acquiring reasonable satisfaction to pick a quarrel with us or else you would not the●s have demanded the same upon such high provokating termes nor detaining of our Garrisons Castles Countries c. for to deliver them unto us you will not till you have money Yea you tell us that if the 5000. l. at Nottingham already accounted unto you with some other competent portion of money be not sent unto your Armie you 〈◊〉 be forced forsooth to enlarge your Quarters for the ease of the countrie so that we plainly see by this liberty of enlargement which you usurp unto your selves 〈◊〉 you intend that your inlargement of your Quarters shall be as large as our Bo●●● in the case of procrastination and all under the colout for sooth of easing the Country Indeed brethren by that meanes you would ease us of all But if in your heart you be intended to ease us then why doe you not rather tell us that you will enlarge homewards to your owne native Country for that were indeed an easement this 〈◊〉 but a further inlargement of our burthen but we know your meaning by your g●p●●● Gude brethren doe not thus take advantage at your brethrens necessities as 〈◊〉 〈◊〉 brethren we tell you it doth not become you to deale thus unkindly with you brethren for it is an unnaturall unbrotherly part to make a prey of their extremi●●● Yet here is not all they say of this matter for they menacingly tell us that in case 〈◊〉 Thomas Fairfaxs Armie shall march Northwards that their Scottish Armie shall en●●● their Quarters Southward whereby they say it is easily to be seen that those Kingdomes may unhappily be againe embroyled in new ●●●d greater troubles then yet 〈◊〉 have been Now how can we judge this otherwise but as a shaking of the sword 〈◊〉 our heads a dare a threat even as much as to say to our Armies come Norwa●●●● you dare And if you doe we will advance Southward and then you may ex●●●● greater broyles and troubles then ever but brethren for the love of God and 〈◊〉 peace of the Kingdomes forbeare such threatning language for the future that 〈◊〉 may live together as brethren in love peace and tranquillity For brethren we 〈◊〉 assure you that evill words corrupts good manners tread on a worme and it will 〈◊〉 againe and surely Englishm●n have as much courage ●s wormes And now that you see that the two Houses have conditioned to your demands you enter into dispute with us about the disposall of the person of the King in such a manner as is not possibe in honour and justice for this Kingdome to accept off and you propose wayes and meanes of delayes and protraction of time as 〈…〉 commissioners againe unto the King in the name of both Kingdomes with power to 〈◊〉 his desires and the like when as indeed the matter belongeth to them joy●dy to ●●vise determine and conclude how they will dispose of him and what they will co●pell him to doe being conquered and fallen into their hands therefore sending 〈◊〉 or treating with him now is beside the matter in hand so that those various devi●● of yours give us great cause of suspition and jealousies of you that these are but wayes to beare us in hand for the better facilitation of your design But we should be glad to heare of your innocency of those things and should be willing 〈◊〉 judge better of our brethren but they must excuse us if we judge the tree by its 〈◊〉 and may rather blame themselves for bringing forth such fruit then us for 〈◊〉 judging when it is brought forth Therefore to remove all scruple end different from betwixt us we desire them to let their good workes so shine before men that we may iustly say that God is in them indeed and that they are our faithfull 〈◊〉 and friends who are resolved to live and dye with us in the better sense th●●gh●●● are now iustly afraid of the Worst FINIS Errata pag. 6. for you your selves read your selves p. 7. l 8. for 〈◊〉 consents r. and ousent p. 8. l. 10. for proceeding r. preceeding p. 9. for and treaties r. treaties and p. 6●2 for my Lord of Northumber land r. Genney with the wis● p. 6. in some 〈◊〉 for some of your armie r some Regiments in your armie Of these and mo●y other 〈◊〉 〈…〉 the Author desires the Readers favourable correction and construction