Selected quad for the lemma: hand_n
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A58614
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A declaration of the Committee of Estates of the Parliament of Scotland in answer to some printed papers intituled, The declaration of the Parliament of England, and the declaration of the army of England, upon their march into Scotland.
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Scotland. Parliament.; England and Wales. Parliament. Declaration of the Parliament of England.
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1650
(1650)
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Wing S1214; ESTC R34039
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26,589
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42
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or lay the grounds of a new Warre or doe any thing in pursuance of the late unlawfull Engagement and that no such thing could be inferred from the paper given in by their Commissioners containing only an adherence to our former Principles acknowledged by both Kingdoms That they were so tender of the union betwixt the Nations that they did think the remonstrating of the breaches of Peace the craving of just reparation and the using of all fair and amicable means should be first essayed and then three moneths warning should be given according to the large Treaty before any Engagement in warre and they expected the like from England and however any prevalent party in either Kingdome had infringed or might break these bonds yet they did not conceive it either agreeable to Gods will or conduccable to the welfare of these Nations to lay those sacred tyes aside as dissolved and cancelled but rather that they should be preserved for the good of both Kingdomes and benefit of those who have no accession to such breaches and of succeding generatiâ—ns who are innocent thereof and may sustain manifold inconveniences by dissolution of the same To this Letter we never received any answer nor any reply to our Letter of the 26. June but all this spring for these three or four moneths past have weekly heard of great preparations made against us both by Sea and Land yet untill the Estates of Parliament understood that the English Forces were upon their March North-ward and some of our Ships were taken at Sea they did not so much as make ready for our Defence and so soon as they took any resolution therein which was about the middle of June before they made any dispatch to the Shires Upon the 22. of June they sent Messengers to England with Letters to Mr. Lenthal Speaker of the House of Commons and others wherein they complain of the wrongs done unto them and desire redresse declare their obligations and resolution to observe the rules prescribed in the large Treaty before any engagement in War and desire to know whether these who have the present power in England do acknowledge themselves obliged or will oblige and declare their resolutions to observe the way and order aforesaid and plainly and clearly to declare whether they march for offence or defence and withall acquainted them in that Letter that they had renewed the Acts of Leavy and for Posture of Defence made the last yeer wherein the same narrative is kept as in the former and in the power granted by the Parliament to the Committee of Estates It is expresly excepted and reserved that they shall not have any power to give orders to the Forces of this Kingdom for any other ends then for the just and necessary defence of this Kingdom Upon the whole matter there is neither justice nor necessity of their present undertaking against us nor can it be laid that all fair and amicable wayes and means which were used have been refused but on the contrary we have since that pretended refusall used the means to prevent a War and yet an Army is on our Borders ready to Invade us Wherefore we may safely conclude that there is no just cause much lesse any necessity for them to Invade this Kingdom and if they shall Invade us that we are obliged by all Laws both of God and man to stand to our own just and necessary defence Whilst this Declaration was under consideration there was another sent unto us by a Trumpeter from L. Generall Cromwell Intituled A Declaration of the Army of England upon their march into Scotland to which except where we meet with repetitions we have resolved to make a further answer And first to the way of addresse set down in the frontispice of that Paper It is not directed to those in Authority more then to any other persons in the Kingdom but after this manner To all that are Saints and partakers of the Faith of Gods Elect in Scotland So as if there be none in Authority whom they apprehend Saints it is directed to none of them Can there be a more lively portraytour of Anarchie in the World then this and that varnished over with the colour of Piety and Religion or can there be a more seditions usurping way devised to draw away the hearts of the people from their obedience to Authority May we not here with great reason return them their own words They pretend to matters of our Government and take upon them to determine what is fundamentall here and direct and threaten us if we change not what is Established and form it to their minde or accomodate it tâ— their Interest And may we not justly declare against them as they did in another case most uniustly against us That the said Paper doth contain much scandalous and reproachfull matter against the just proceedings of the Parliament of this Kingdom and an assuming to have power over the Laws and Government of this Nation to the high dishonour thereof And lastly a designe in the contrivers of it to raise sedition and lay the grounds of a new War in this Land They begin with sugeâ—ed words wiâ—hing like mercy and tâ—uth light and liberty with themselves but are marching with an Army to conquer and subdue us cruely under errour darknesse and slavery and then they â—urther preface with a desire to make a distinction and sepaâ—ation betwixt some and others in this Kingdom but blessed be the Name of the Lord there is not a different thought amongst all the godly in this Land concerning the unlawfulnesse of their Invasion and the lawfulnesse of our defence against the same They boast much of their great successes and reproach the Great Name of the Lord of Hosts fathering upon him their transgressions but consider not that the Lord might have a hand of justice in the same things wherein they had a hand of injustice and that he in His wise dispensation can correct one extreame by another and yet remain displeased with both They begin also with an appeal concerning the truth of the particulars which they are to remonstrate to the Lord who should they come to day of engagement they say will be a sore witnesse against them it they utter these things out of hypocrisie and they end with another appeal concerning the tâ—uth of what they have said desiring the God of Heaven to Judge them accordingly when they come to meet their enemies in the field to which we shall say no more but beseech the Lord to look upon these provocations and to vindicate the honour of His great Name They labour in the first place to make good their proceedings in relation to the late King from his actions which we intend not to justifie But who made them the Kings Judge or where is there warrant to take his life When such a thing was suggested to David though anointed King of Israel against Saul who was rejected of the Lord he said The
Lord forbid that I should do this thing wickednesse proceedeth from the wicked but mine hand shall not be upon him They endeavour to vindicatte their actions against the Houses of Parliament and concerning the change of the fundamentall Government from the true and equitable intent of the constitution of England which we shall not insist upon to answer but we think they might with as great confidence have said to us that white is black and black is white and bring arguments to make us beleeve it to be so in England They would also cleer their proceedings from the example of ours in the yeer 1648. for say they We acted contrary to Acts of Parliament and called a new one excluding whom we thought fit all which was done by vertue and authority from the Committee of Estates which was no Committee being constituted of such persons as by Act of the foregoing Parliament had not legall right to sit or Act therein they not having taken the Oath in reference to the late engagement which was enjoyned by Parliament or else to have no place therein To which â—e answer that whatsoever we acted was in performance of the solemn League and Covenant and Treaties betwixt the Kingdoms which are above any Act of Parliament and according to which the Committee of Estates were by their Commission bound and appointed to mannage the affaires of the Kingdome The solemn League and Covenant being an oath to God allowed and appointed by the authority of both Kingdomes cannot be repealed or made void by any subsequent Acts of Parliament though of both Kingdomes nor can all the powers on earth absolve those that have taken it from their duty therein expressed by vvhich they are bound all the dayes of their lives zealâ—uslâ— constantly to continue in maintaining and pursuing the ends thereof against all opposition and to promote the same according to their povver against all lets and impediments vvhatsoever 2. What we acted was for our ovvn just defence against an actually oppressing Army whose proceedings were so wicked and boundlesse as they were not only contrary to the Covenant and Treaty betwixt the Kingdomes but to the very Acts and Determinations of the Parliament from whom they had their Commission 3. Though the Members of the Committee of Estates were appointed at their first meeting in the Committee to accept their Commission and give their oaths for faithfull discharge of the trust reposed in them in reference to the Engagement against England or else to have no place therein yet there is nothing in the Act of Parliam-declaring their proceedings null and void incase they did not take the Oath aforesaid and the Engagers themselves did admit some to sit and vote who did not takâ— that Oath will it therefore necessarily follow that all which they did was in Law null and void Besides the last Act of Parliament concerning the power of the Committee of Estates doth not at all limit the Members to any Oath 4. It was agreed in the Treatie at Sterling by common consent that such Members of the Committee of Estates as were accessory to the Engagement should forbear coming to the Committee of Estates untill the next Session of Parliament to which the determination of differences were referred and our whole proceedings were ratified by the Parliament and now also by the Kings Majesty We have not done any thing against our Vowes Oaths Covenants Protestations and Declarations as they have done but in pursuance of them we have acted in our own defence against visible and actuall tyranny and oppression not upon jealousies or suspicions against a Parliament consulting and voting peaceably as they have done We have adhered to the Lawes and Constitutions of the Kingdom and have not altered the fundamentall Government thereof as they have done without any power warrant or calling But what suppose they were able to justifie their proceedings as they are not what would that contribute for to nuke up a just ground for invading the Kingdom even suppose they had the authority of both Houses sitting in a full Parliament and the Kings consent thereunto they have no power or jurisdiction over this Kingdom the Lord hath been pleased these many hundred yeâ—rs to preserve our Freedome whilst there was little knovvledge of the Gospel in the Land And vve do confidently trust in his Name and are persvvaded that hee vvill not novv give us up to the vvilland povver of those that vvould bring in Darknes for Light Errour for Truth and instead of Government make vvay for Toleration Anarchie and Confusion If Treaties be urged against them they were broken say they by the full Authority of the Parliament of Scotland they very well know the contrary that a very considerable number of the Parliament protested against it which certainly even in Law much weakened the Authority and that it was revoked by the full Authority of Parliament and the House of Commons in their Letter to the Generall Assembly hath acknowledged us free of it and our Commissioners have been since admitted and received by both Houses of Parliament and our Interest in the Treaty acknowledged as hath been already more fully expressed How well can they take upon them to person at the Houses of Parliament whom they have broken in pieces in making up challenges against us but they will not owne their actions in any thing that may plead for us They insist that the breach is not made up so as to challenge England on agreements unlesse we think that Scotland may break and England should remain bound whereas it is a known Law of Nations that in the breach of the League by the one party the other is no longer obliged We never said either that the one Kingdom could be free and the other bound or that the one Kingdom having broken the other was obliged to keep if reparation of the wrong done was refused but that notwithstanding a prevailing Party break yet both Kingdomes are bound still against the breaking Party and that reparation ought to be made This will appear if the scope and intent of the large Treaty made betwixt the Kingdoms be considered as it is expressed to wit That the great blessing of a constant and friendly conjunction of the two Kingdoms now united by alleageance and loyall subjection to one Soveraigne and Head may be firmly observed and continued to all posterity it is agreed c. And words to the same purpose are again twice repeated the severall cases of breaches of the Peace which may fall out and the way of remedy are set down for Commissioners are appointed in the Intervals of Parliaments for conservation of the Peace to which Commissioners in the Intervals as afterward to Parliaments all breaches are to be remonstrated which had been altogether needlesse if every breach of the Treaty had made it null and void According to this sense the Houses of Parliament have formerly declared particularly in the year 1641. when there was some