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A54943 Scotland mourning: or, A short discovery of the sad consequences which accompanies the delay of the setling judicatories in that nation. By Robert Pittilloh advocate. Pittilloh, Robert, 1621?-1698. 1659 (1659) Wing P2312; ESTC R218256 7,277 8

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SCOTLAND MOURNING OR A Short DISCOVERY OF THE Sad CONSEQUENCES Which accompanies the Delay of the setling Judicatories in that NATION By Robert Pittilloh Advocate 1 CHRON. 22.16 Arise therefore and be doing and the Lord be with thee ESTHER 4.16 I will go in which is not according to law and if I perish I perish LONDON Printed in the year 1659. SCOTLAND MOURNING OR A short Discovery of the Sad Consequences which accompanies the delay of the setling Judicatories in that Nation TO every thing there is a season and a time to every purpose under the Heaven saith the Wiseman and among other things a time to keep silence and a time to speak And if ever there was a fit time to speak it is when the Cause of the Dumb is pleaded and iniquity not only done But when there is hazard that it shall be established by a Law If full information be not given concerning the truth of Affairs The consideration whereof makes me look upon it as my duty at this time to give a word of Information to the Supream Authority concerning the desolate condition of the Nation of Scotland by want of Justice and the sad affliction it should further undergoe if the setling of Judicatories shall be delayed for any long space upon closing of the Union of any other pretence whatsoever It may seem to some impertinent for me to use such freedome in so high a concernment but beside that every member of the body albeit the meanest ought naturally to care for the good of the whole in time of a dangerous Tempest every Passenger in a Ship ought to put to his hand and albeit in a Calme his service would have been accompted Officious yet in such a case when the Storme is over if he have been instrumentall in preserving the Ship none will defraud him of his deserved Commendation I am not ignorant of the envy and hatred it may procure at the hands of some of my Countreymen here knowing how much some of them have already smitten me with the Tongue making their Arrowes flye in secred upon groundless imaginations against me and if I durst follow the prudentiall consideration of self interest I should put my Seal to whatsoever they say but when I consider that the fearfull and unbelieving shall receive the same dispensations of wrath from God And that Job reckons it among the chief of his vindications from the Calumnies of his Friends did I fear a great multitude or did the contempt of Families terrifie me that I kept silence and went not out of the Doore I am taught intentionally not to do any thing against the Truth but for the Truth neither shall I write any thing which justly may give offence to any sober spirit knowing that men may be of different apprehensions being all of pure hearts and innocent hands and if by this Truth all shall be discovered Lovers of Truth will rejoyce therein if otherwise I have but lost my labour and published my own weakness The thing to be considered is Whether it be fit and expedient to delay the setling of the Courts of Justice in Scotland and Officers necessary for carrying on the Administration of Justice before them till the Vnion betwixt Scotland and England be closed or not The Negative we contend for For clearing whereof we shall first examine the meaning of this expedient secondly the reasons thereof and thridly remonstrate the many sad consequences that accompany it which shall be as so many Arguments against it As to the first The meaning and sence of it cannot be till the Parliament ratifie and confirm the Act of Union past in the time of the late Protector Because it is humbly conceived neither could it stand with the honour of the Parliament side implicita to ratifie that Act nor if it had been intended would the Parliament or their Counsell have made any reference to Scotsmen for considering the expediency of the setling Judicatories before or after the closing thereof nor had it b●n wothy their consultation seeing it is obvious to the meanest capacity that an Act of ratification of this nature and for setling of Judicatories might have been past in one and the self same day at different houres after they were prepar'd The true and genuine sence of it then must be till the Union betwixt the two Nations be closed in a legall and solid way to the rationall satisfaction of both For effectuating whereof It is humbly conceived 1. Commissioners lawfully chosen must come from Scotland for Treating of the matter or meet with Commisioners of Parliament upon the place appointed by them for that Effect For to pass an Act of Union without their constent were to make a forced Marriage without consent of Parties and if any in their name should consent without Commission such cousent would be ipso jure null as to the thing and crimen false in a high degree to the Actors 2. Examination of the legall elections and qualifications for non fieri non rite fieri in jure ●parificantur 3. The matter must be debated and conditions of the Union held forth pondered and accepted and if Commissioners of Parliament shall be sent to Scotland for that purpose if any thing fall out dubious expresses must be sent up to the Parliament for resolution for the answers whereof they must wait before they bring the matter to a period 4. The Act must be prepared and past Lastly Before writes can be emitted in name of the keepers of the liberties of England and Scotland Commissioners from Scotland lawfully chosen by warrant of the Parliament must be set down in Parliament as sharers in the Authority For it seems contrary to Law and reason that the Parliament of England can be cald keepers of the liberty of Scotland till Members of that Nation be a part of their number having an intrinsick repugnance in it self in so far as it is to them meerly a Provinciall Government Diametrally opposit to the liberty of a free People to be governed only by the representatives of another Nation There being as yet no Order of Parliament Issued forth for chosing Commissioners in Scotland for Treating of the Union nor Commissioners of Parliament appointed if it shall be found needfull to meet with them upon the place the Journey being long the matter weighty and of great concernment the Persons interested many of various Judgments and different abilities with many other dilatory circumstances considered It cannot in reason be presumed that before the expiring of five or six Moneths time albeit gone about with the greatest alacrity the Uunion can be brought to such perfection as that Commissioners of Scotland lawfully chosen may be sitting in the Parliament of England without which they cannot be cald keepers of the liberty of Scotland besides that it is not impossible that the closing of this Union may be interrupted for at me by unexpected emergencies So that in plain english the sense of it in