A DECLARATION OF THE COMMITTEE OF ESTATES Concerning Their Proceedings in opposition to the late unlawfull Engagement against ENGLAND EDINBVRGH Printed by Evan Tyler Printer to the Kings most excellent Majesty 1648. A DECLARATION of the Committee of Estates concerning their proceedings in opposition to the late unlawfull Engagement against England THe manifold dangers to Religion to the Kings Majesty to our Laws and Liberties and to the Peace of these Kingdomes are so manifest that they cannot be hid from any who will not wilfully shut their eyes against a clear light and the remedies which we have taken in this extremity will we doubt not be judged by all men of common equity and understanding to have been most necessary for preserving Religion from ruine and our Selves from slavery and oppression Yet to prevent misinformation and misconstructions we have thought fit to publish a short narration of the Causes of our late undertaking to rise in Armes of our proceedings by way of Treaty with those that joyned in Armes for the late engagement against England and of our Resolutions for setling Religion and the Peace of this distracted Kingdome and strenthning the Union betwixt the Kingdomes which are the best foundations of Honour and happinesse to the King whose throne we desire may be established in Righteousnesse When we look back upon some proceedings in our neighbour Nation though there we see that the work of Reformation hath been much obstructed and many things have been done of which we cannot approve and wherewith God was highly displeased yet we finde the Fountain and Spring of all our troubles mainly to arise at home from the craft and malice of our natives and Countreymen For notwithstanding the Right Honourable Houses of the Parliament of England had offered by their Commissioners to remove all differences which had arisen betwixt them Us to do what ever was just and Honourable for the satisfaction of this Kingdome And further had declared their readinesse to joyn with this Kingdome in the Propositions agreed on by both Kingdomes presented to the King at Hampton-Court for the making such further proceedings thereupon as should be thought fit for the speedy setlement of the Peace of both Kingdomes and preservation of the Union according to the Covenant and Treaties And further to give satisfaction in all things which should be judged necessary for the Peace of both Kingdomes not intrinching upon the particular interest of the Kingdome and Priviledges of the Parliament of England yet many of this Nation having entred into a sinfull Association and wicked combination did joyn together in Armes under the command of the Duke of Hamiltoun for pursuance of an unlawfull Engagement against our Neighbour Nation of England contrary to the ends of the solemn League and Covenant the manifold admonitions and exhortations of all the faithfull Ministers of the Gospel the warnings and Declarations of the Commission of the Generall Assembly 1647. As likewise against the unanimous proceedings of the late Generall Assembly in this year 1648. against the Judgement and Protestations of many members of Parliament who have been most constant in the Cause and to preserve the Union betwixt the Kingdomes and generally against the minds and judgements of all the wel-affected in the Kingdome And further brought over from Ireland some Regiments of the Scots Army to joyn with them in this Engagement contrary to the Treaty betwixt the Kingdomes of the seventh of July 1642. And having joyned in an unlawfull Association with the Malignants of England did employ some of them to surprize and take the Garrisons of Berwick and Carlile and yet professed openly before the World they were ignorant who had done it contrary to the large Treaty betwixt the Kingdomes and the Treaty of the 29 of November 1643. And when by miserable and cruell oppression of the people of God in this Kingdome they had gathered together a numerous Army they took possession of the Garrisons of Berwick and Carlile and in a Hostile manner entered into our Neighbour Nation where the Lord of Hosts poured forth his Wrath and Indignation upon them for their lies and hypocrisie as was before threatned by many of the faithfull servants of God in this Kingdome While these men were invading England the Earl of Lanrick and others engaged in the same designe stayed at home to oppresse this Kingdome and under a pretence of raising a Guard for the Prince did begin a new Levy of Forces whereby they might be able to send supply to their Army in England if need were but principally to bear down the godly and welaffected in this Kingdome and force upon them unlawfull Bands and Oathes which they devised to be Ingines and Snares to compell men to make Shipwrack of their consciences by joyning with all their wicked wayes or in case they refused to take those accursed Oathes and subscribe their Bands that then they might not onely be uncapable of all publick trust but be esteemed and used as enemies to Religion King and Kingdome and so every way to oppresse all honest men in their persons Estates and Consciences as nothing was to be expected from their Government to these who desired to fear the Lord and adhere to their first Principles but Slavery and ruin for they having adjourned the Parliament till March 1650. Had assumed to themselves an arbitrary Power that in the mean time they might rule at their pleasure and make such alterations in the Kingdome as they thought fit Upon news of the defeat of their Army they did give out Commissions to prime Incendiaries and encouraged such as were eminent and active in the Rebellion under the conduct of James Graham late Earl of Montrose to rise in Armes and sent directions to the Forces under the command of George Monro which had invaded England but were not present at the fight and other Officers and Souldiers who escaped from it to return to this Kingdome that so by their conjunction with the Forces lately raised they might have a new Army on foot to prosecute their former designe and to tyrannize over this Kingdome as is evident from their letters of the 28 of August sent to the Earl of Marshall Vicount of Dudhope Clerke Register and George Monro ten dayes after the defeat of their Army in England wherein speaking of the Engagement they declare their Resolution to recruit their Regiments and to hazard their Lives and Fortunes and all that was dearest unto them for carrying on against all opposition whatsoever that pious and loyall Service and that they and many others of this Kingdom did intend not to live and out-live it By all which and many other their like proceedings expressed in the Declarations of the Generall Assembly and their Commissioners it is sufficiently evident that Religion hath not onely been endangered but the whole work of Reformation in these Kingdoms for these ten years past hath been very near to be wholly overturned our Laws and Liberties
almost destroyed Authority weakened the person of the King put in hazard and his restitution which they pretended rendred more difficult and endeavours used to break the Union and peace betwixt the Kingdoms and to continue so far as was in their power a lasting War betwixt this Kingdom and our neighbour Nation with whom we are joyned in Covenant This being the true estate of affairs We did finde it most necessary for us to joyn in Armes together against these Covenant-breakers and their Adherents who had invaded England and were disturbing the peace of this Kingdom and who under a specious pretence of seeking the Kings Honour Freedom and Safety were seeking their own Honour and base private ends and have made the Kings condition harder then ever it was before this course being the onely means which was left us whereby to endeavour the preservation of Religion our native Countrey and the Peace and Union betwixt the Kingdoms and our own consciences being ready to condemn us if we should sit still and suffer Religion to be ruined England to be further provoked by detaining their Garrisons and this Kingdom to be enslaved and brought under the yoke of a perpetuall bondage When we had put our selves in a posture for our own defence neer Edinburgh the Earl of Crawford the Earl of Lanerk George Monro and other Commanders of the Forces joyned with them having marched to Inneresk sent unto us some Articles upon which they desired to Treat for removing all differences betwixt us but these Demands being very unreasonable and inconsistent with Religion the Covenant and Treaties betwixt the Kingdoms We refused to admit them to be the subject of a Treaty yet were content if they had any other thing to propound which might conduce to the setling of Truth and Peace according to the Covenant to appoint some from us to Treat with the like number authorized by them at any place equally distant from both Armies Whereupon they professed a readinesse to have all differences ended by a Treaty that an intestine War might be prevented but they assigned so short dyets for us to return our Answers about the necessary circumstances to be agreed on before a Treaty could begin as the time was elapsed before we could be well conveened and then they took the advantage of marching away whilest we continued in our Quarters in expectation of a Treaty by which means they gained the passe at Sterling and surprized our forces there killing some and taking others prisoners when they were in security being advertised that there was a Treaty betwixt us All this notwithstanding so desirous were we of the peace of this almost ruined Kingdom as passing over all the provocations given unto us We readily entertained all proffers to Treat And upon the 14. of September Commissioners on both sides met at Woodside together with some Ministers and Elders from the Commission of the Kirk but after three dayes debate that Treaty during which their Army was grievously plundering the Countrey produced little else but delays they refusing to accept of any conditions without rewards for their service Liberty to transport the Irish Forces in a body to Ireland security for their Lives Estates Honours Fortunes and places and assurance that none who had been accessory to the late Engagement should be questioned either by us or by the Kingdom of England for any thing done by them in relation thereunto which was impossible for us to grant without involving our selves in the guilt of the Engagement and giving occasion of quarrell against us to our neighbour Nation in whose names we could promise nothing without their advice and consent And here we cannot but remark that these Lords and others who in Parliament and otherwise pretended so great a zeal for his Majesties Honour Freedom and safety yet in all their demands to us in this Treaty they never made the least desire of any thing for the King but were ready to close an agreement with us when ever they could get satisfaction in what concerned their own Honour Freedom and Interest So soon as we understood that the Forces of the Parliament of England were come to the Borders for pursuit of the common Enemy and reducing the Garrisons of Berwick and Carlile We wrote a Letter from Falkirk to the Commander in chief of these Forces and sent two from us with instructions to acquaint him with the estate of our affairs particularly our proceedings in the Treaty and to assure them that we would contribute our utmost endeavours for the restitution of the Towns of Berwick and Carlile to the Parliament of England to whom they do of right belong In return whereunto we received from Lieut. Generall CROMVVELL a Letter to this purpose That upon the defeat of the Forces of the Duke of Hamiltoun they had received in command to prosecute the Victory untill the Enemy were put out of a condition or hope of growing into a new Army and the Garrisons of Berwick and Carlile were reduced in pursuance of which commands they had resolved to advance into Scotland with their Army for obtaining their Garrisons and that the common Enemy might be the sooner brought to a submission to reasonable conditions withall ingaging themselves that so soon as they should know from us that the Enemy should yeeld to these things we had proposed to them and the Garrisons of Berwick and Carlile were delivered they should fortwith depart out of this Kingdom after receipt of this Letter We sent some of our number with power and instructions to do their utmost endeavour for obtaining the Towns of Berwick and Carlile to be surrendred to him for the use of the Honourable Houses of the Parliament of England and to represent our earnest desire and firme resolution to preserve inviolable the Vnion betwixt the Kingdoms according to the Covenant and Treaties and since they had resolved in obedience to the Commands laid upon them to send Forces into this Kingdom for pursuing the common Enemy therefore to desire that these which should be sent might be such as would give no offence or scandall to the Ministrie and wel-affected in this Kingdome Upon the 18. of September some propositions were sent unto us from those at Sterling to which we returned an Answer upon the 20. And after a new meeting at Kirklistoun with Commissioners from them Articles of agreement were drawen up and subscribed by the Commissioners on both sides which are now published in Print In all which proceedings we have studyed to set before our eyes the Honour of God and the good of Religion the preservation of our Laws and Liberties and of the Union betwixt the Kingdomes And to the end it may further appear to this Kingdome and to all the World that no sinister end or worldly design for self-interest hath stirred us up to this course we do declare First of all that we have both matter of deep humiliation before God and thanksgiving to him when we consider
his gratious dispensation towards us in preserving a remnant from following the evil courses of the time and that he was pleased so soon after a great defection and backsliding in the Land to put us into a condition to resist the Force and fury of our enemies whom neither Christian duty in so clear a Sunshine of the Gospel nor naturall affection to their native Country could restrain from horrid impieties and intollerable oppressions And we do freely acknowledge that it had been just with the Lord to suffer us to lie still under that Yoke of Bondage which we had wreathed upon our necks with our own hands by compliance with Malignants and Malignant courses not trusting the Lord with his own work and resting on his strength but following the rules of carnall policy whenever we were brought into straights It is the desire of our Souls that for the future we may amend and it shall be be our constant studie with Gods assistance to avoid the rocks on which we were ready to split that we may neither upon the one hand put confidence in the Arm of flesh and other worldly advantages when things are prosperous nor upon the other comply with the enemies of the cause when we are low but in all estates and conditions to put our trust in God Almighty the Lord of Hosts who also is onely wise to give Counsell Secondly that whatsoever Power God hath already or shall hereafter put into our hands we shall improve it for setling and propagating Religion and promoting the work of Reformation according to the Covenant and in particular to have the Liberties of the Kirk ratified which have been many wayes encroached upon and violated as is particularly instanced in the Declaration of the Generall Assembly Thirdly to vindicate and establish the liberty and property of the Subjects who have been most grivously oppressed in their Consciences Persons and Estates Fourthly that we shall endeavour the Kings Majesties restitution to the exercise of his Royall Power as soon as he shall give security for setling Religion in the manner expressed in the desires of the late Commission of the Kirk and shall give satisfaction in such other things as shall be found necessary for the Peace and safety of the Kingdomes Fifthly That the late unlawfull Engagement against our Neighbour Nation of England with whom we are joyned in League and Covenant may be disclaimed and disavowed by the Supream Authority of this Kingdome it being most destructive to Religion and to the Peace and Happinesse of these Kingdomes Sixthly To strengthen and confirm the Peace and Union between the Kingdomes which the Malignant Party hath so much endeavoured to breake and dissolve Seventhly That we shall endeavour to Purge out of all the Judicatories in the Land Malignancy and Prophanenesse and use all other good means that Justice may be equally and Impartially administred to all the Subjects in the Kingdome and that a more effectuall course may be taken throughout the whole Kingdome then heretofore for punishing and suppressing all Profanenesse Malignancy and Impiety Eighthly All means having been used with great industry to get Malignants chosen to be Commissioners to the last Parliament and to prepossesse mens minds when they came to the Parliament from which as a Fountain have issued all our troubles and distractions That we will faithfully endeavour to have a free Parliament consisting of such Persons as have not been accessory to and furtherers of the late Engagement for which end we do again hereby require that in the election of Commissioners from Burghs and Shires to the Parliament the rules and directions set down in our Acts of the 22 of September last and the fourth of this instant Moneth of October may be punctually observed througout the Kingdome And we call the searcher of hearts to record that these are our reall and true intentions and that we do not nor shall by the Grace of God pursue any private ends or interests of our own And we trust the Lord our God who knoweth the sincerity of our resolutions who hath also had mercy upon us and hath begunne to do so gratiously for us will assist us herein untill his work shall be accomplished And now last of all since it is agreed upon in the Treaty that all questions and differences about Religion be referred to the determination of the Generall Assembly or their Commissioners and that all Civill questions and differences be referred to the determiniation of a Parliament which is to sit down before the Tenth of January next We do exhort and require all and every one of the Subjects within this Kingdome to live Peaceable and quietly and to wait patiently for the determination aforesaid but in case any shall not rest satisfied with or shall resile from the said agreement and shall continue or rise in Arms or Levie any Forces without warrant from the Committee of Estates as it is now constituted consisting of Persons not accessory to the late Engagement We do declare that they shall be esteemed enemies to Religion the King and Kingdome and punished as wilfull disturbers of the Peace of the Kingdome Mr. THO. HENDERSON FINIS