







 
   
     
       
         A vindication of the government in Scotland during the reign of King Charles II against mis-representations made in several scandalous pamphlets to which is added the method of proceeding against criminals, as also some of the phanatical covenants, as they were printed and published by themselves in that reign / by Sir George Mackenzie ...
         Mackenzie, George, Sir, 1636-1691.
      
       
         
           1691
        
      
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             A vindication of the government in Scotland during the reign of King Charles II against mis-representations made in several scandalous pamphlets to which is added the method of proceeding against criminals, as also some of the phanatical covenants, as they were printed and published by themselves in that reign / by Sir George Mackenzie ...
             Mackenzie, George, Sir, 1636-1691.
          
           66, [2] p.
           
             Printed for J. Hindmarsh ...,
             London :
             1691.
          
           
             "Licensed, Sept. 19, 1691. Rob. Midgley"--P. [2] at end.
             Advertisements: p. [1] at end.
             Reproduction of original in Cambridge University Library.
             "The declaration and testimony of the true-Presbyterian, anti-prelatick, and anti-Erastian, persecuted-party in Scotland" (p. 54-57) signed: Al Gibson and Will. Paterson.
             "A blasphemous and treasonable paper, emitted by the phanatical undersubscribers, on May 1, 1681": p. 57-66.
          
        
      
    
     
       
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         eng
      
       
         
           Covenanters -- Scotland.
           Scotland -- Politics and government -- 1660-1688.
        
      
    
     
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           A
           VINDICATION
           OF
           THE
           GOVERNMENT
           IN
           SCOTLAND
           .
           During
           the
           REIGN
           of
           King
           Charles
           II.
           AGAINST
           Mis-Representations
           made
           in
           several
           Scandalous
           Pamphlets
           .
           To
           which
           is
           added
           the
           Method
           of
           proceeding
           against
           Criminals
           ,
           as
           also
           some
           of
           the
           
             Phanatical
             Covenants
          
           ,
           as
           they
           were
           Printed
           and
           Published
           by
           themselves
           in
           that
           Reign
           .
        
         
           By
           Sir
           
             GEORGE
             MACKENZIE
          
           ,
           Late
           LORD
           ADVOCATE
           ,
           There
           .
        
         
           LONDON
           ,
           Printed
           for
           
             I.
             Hindmarsh
          
           at
           the
           
             Golden
             Ball
          
           in
           Cornhill
           .
           1691.
           
        
      
    
     
       
         
         
         
           A
           VINDICATION
           OF
           THE
           Government
           in
           SCOTLAND
           During
           the
           Reign
           of
           King
           CHARLES
           II.
           AGAINST
           Mis-representations
           made
           in
           several
           Scandalous
           Pamphlets
           .
        
         
           THe
           Design
           of
           this
           Paper
           is
           neither
           to
           seduce
           others
           into
           Faction
           ,
           nor
           to
           make
           an
           Apologie
           ;
           the
           one
           being
           too
           Malicious
           ,
           and
           the
           other
           too
           Mean
           :
           But
           because
           many
           honest
           and
           sincere
           Men
           have
           been
           abused
           by
           some
           late
           Misinformations
           ,
           whereby
           the
           Charity
           and
           Vnity
           of
           Protestants
           amongst
           themselves
           are
           much
           weakened
           ;
           therefore
           this
           Paper
           comes
           to
           set
           things
           in
           their
           
             true
             light
             ,
             by
             a
             bare
             Narrative
             ,
          
           which
           will
           be
           sufficient
           to
           reclaim
           those
           who
           are
           abus'd
           ,
           and
           to
           confute
           those
           
             malicious
             Authors
          
           ,
           who
           have
           endeavour'd
           to
           Reproach
           a
           whole
           Nation
           with
           Villanies
           ,
           of
           which
           none
           but
           these
           Authors
           themselves
           could
           have
           been
           guilty
           .
        
         
           Because
           the
           Civil
           Government
           in
           Scotland
           was
           never
           bigot
           in
           that
           King's
           Reign
           ,
           therefore
           we
           shall
           not
           run
           back
           to
           consider
           Episcopacy
           or
           Presbyterie
           ,
           otherways
           than
           as
           they
           may
           concern
           the
           Civil
           Government
           .
           Neither
           should
           we
           run
           so
           far
           back
           as
           to
           the
           Government
           of
           King
           Charles
           I.
           were
           it
           not
           to
           prove
           ,
           that
           these
           of
           the
           same
           persuasion
           ,
           who
           now
           complain
           ,
           were
           the
           first
           
           Aggressors
           ;
           and
           consequently
           ,
           what
           was
           done
           against
           them
           deserves
           rather
           the
           name
           of
           Self-defence
           than
           Persecution
           .
        
         
           For
           clearing
           this
           ,
           it
           is
           necessary
           to
           represent
           ,
           that
           in
           the
           Year
           1637
           ,
           we
           liv'd
           under
           the
           most
           Pious
           and
           Orthodox
           Prince
           of
           the
           Age
           ,
           and
           yet
           a
           Rebellion
           was
           form'd
           against
           him
           ,
           as
           a
           
             Papist
             ,
             and
             a
             Tyrant
          
           ,
           by
           which
           all
           the
           Fundamental
           Laws
           were
           shaken
           ,
           and
           all
           honest
           Men
           ruin'd
           .
           Neither
           needs
           there
           any
           other
           proof
           for
           this
           Assertion
           ,
           than
           the
           Records
           of
           
             Parliament
             ,
             General
             Assemblies
          
           ,
           and
           
             Iustice
             Court.
          
           
        
         
           From
           the
           Records
           and
           Acts
           of
           Parliament
           it
           is
           undeniable
           ,
           that
           the
           power
           of
           nominating
           Judges
           ,
           Counsellors
           ,
           and
           all
           Officers
           of
           State
           ;
           the
           power
           of
           levying
           War
           ,
           and
           raising
           Taxes
           ,
           were
           usurp'd
           by
           the
           people
           ;
           Covenants
           were
           entred
           into
           by
           a
           part
           of
           the
           Subjects
           ,
           and
           by
           them
           impos'd
           imperiously
           upon
           the
           rest
           ;
           Leagues
           and
           Covenants
           were
           entred
           into
           with
           England
           ;
           Ambassadours
           were
           sent
           to
           Foreign
           Princes
           and
           States
           ;
           and
           even
           to
           France
           (
           tho'
           little
           less
           terrible
           then
           ,
           than
           now
           )
           exclaiming
           against
           the
           Injustice
           of
           the
           King
           ,
           justifying
           their
           taking
           Arms
           against
           him
           ▪
           and
           therefore
           intreating
           the
           French
           Aid
           and
           Assistance
           :
           The
           
             King
             himself
          
           was
           inhumanely
           deliver'd
           up
           to
           his
           Enemies
           ,
           and
           thereafter
           the
           Army
           that
           went
           in
           to
           defend
           his
           precious
           Life
           ,
           were
           declared
           Rebels
           ,
           all
           which
           was
           uncontravertedly
           inconsistent
           with
           the
           Laws
           of
           the
           Kingdom
           then
           standing
           .
        
         
           From
           the
           Acts
           of
           the
           General
           Assembly
           it
           is
           clear
           ,
           that
           the
           Assembly
           ,
           1639.
           refus'd
           to
           rise
           ,
           when
           dissolv'd
           by
           the
           
             King's
             Commissioner
          
           ,
           and
           most
           of
           the
           following
           Assemblies
           did
           both
           sit
           down
           and
           rise
           without
           his
           Warrand
           .
           This
           Assembly
           threw
           out
           the
           Bishops
           ,
           and
           abrogated
           Episcopacy
           without
           Authority
           of
           Parliament
           ,
           tho'
           the
           Bishops
           were
           always
           
             the
             first
             of
             the
             three
             Estates
             of
             Parliament
             .
          
           A
           new
           Oath
           was
           invented
           ,
           called
           ,
           the
           Covenant
           ,
           without
           the
           King's
           Authority
           ;
           and
           all
           Men
           Women
           and
           Children
           ,
           that
           were
           above
           ten
           years
           of
           age
           ,
           forc'd
           to
           take
           it
           ;
           and
           such
           as
           took
           it
           not
           ,
           were
           Excommunicated
           ,
           upon
           which
           all
           their
           Moveables
           or
           Chattels
           were
           Confiscated
           ,
           and
           they
           themselves
           being
           declar'd
           disobedient
           to
           the
           Laws
           ,
           were
           forc'd
           to
           fly
           .
           The
           King
           's
           Negative
           Voice
           was
           declared
           Illegal
           ,
           and
           the
           Acts
           made
           for
           assisting
           him
           in
           the
           Year
           
             Forty
             Eight
          
           ,
           were
           declar'd
           
             Void
             and
             Null
          
           ,
           by
           an
           unparallel'd
           
           Invasion
           ,
           the
           General
           Assembly
           ,
           (
           imitating
           in
           this
           ,
           as
           in
           many
           other
           things
           ,
           the
           Church
           of
           Rome
           )
           raised
           themselves
           above
           King
           and
           Parliament
           .
        
         
           From
           the
           Records
           of
           the
           
             Iustice
             Court
          
           we
           find
           that
           the
           Estates
           made
           
             Advocates
             or
             Attorney
             Generals
          
           by
           their
           own
           Authority
           ;
           who
           prosecuted
           to
           death
           
             such
             as
             defended
             their
             own
             Houses
             by
             vertue
             of
             express
             Commissions
             from
             the
             King
             ,
             and
             such
             as
             rose
             in
             Arms
             for
             his
             Defence
             ,
             tho'
             they
             had
             both
             his
             Commissions
             ,
             and
             Remissions
             ,
             though
             the
             Iudes
             that
             Condemned
             them
             ,
             sat
             by
             vertue
             of
             that
             very
             King's
             Commission
             .
          
           They
           not
           only
           borrowed
           vast
           Sums
           by
           meer
           force
           from
           private
           Men
           ,
           whom
           they
           never
           payed
           ▪
           but
           also
           they
           were
           the
           first
           that
           brought
           in
           
             Free
             and
             dry
             Quarter
             ,
             Cess
             ,
             Excise
             ,
          
           and
           all
           these
           Publick
           burthens
           afterwards
           so
           much
           complain'd
           of
           (
           
             when
             they
             were
             continued
             upon
             necessary
             Exigencies
             ,
             by
             lawful
             Authority
          
           )
           we
           having
           neither
           formerly
           known
           
             Oaths
             ,
             nor
             Publick
             burthens
             under
             our
             gentle
             Kings
             ,
          
           against
           whom
           they
           so
           much
           exclaim'd
           as
           Tyrants
           ,
           because
           forsooth
           they
           kept
           
             them
             from
             being
             such
          
           :
           All
           these
           Proceedings
           were
           not
           only
           condemn'd
           by
           the
           general
           Opinion
           of
           both
           Protestants
           and
           Papists
           abroad
           ,
           but
           stand
           yet
           condemned
           by
           express
           Acts
           of
           Parliament
           ,
           and
           by
           many
           Acts
           in
           the
           like
           Cases
           in
           Scotland
           ,
           and
           England
           ,
           and
           so
           nothing
           which
           can
           be
           alledged
           in
           justification
           of
           them
           ,
           deserves
           or
           needs
           an
           answer
           .
        
         
           King
           Charles
           the
           Second
           being
           restored
           by
           almost
           the
           Universal
           consent
           of
           all
           the
           People
           ,
           the
           worst
           of
           whom
           grew
           weary
           of
           their
           Villanies
           :
           The
           Parliament
           of
           Scotland
           being
           called
           ,
           they
           enquired
           very
           seriously
           into
           the
           occasion
           of
           such
           Disorders
           ,
           and
           soon
           found
           that
           they
           were
           all
           to
           be
           charged
           upon
           the
           
             Solemn
             League
             and
             Covenant
          
           ,
           and
           those
           who
           adhered
           thereto
           ;
           and
           therefore
           they
           endeavoured
           to
           perswade
           the
           Presbyterians
           to
           disown
           the
           Covenant
           ,
           all
           favour
           being
           promised
           to
           them
           upon
           that
           condition
           :
           But
           finding
           that
           the
           Presbyterians
           generally
           thought
           themselves
           bound
           to
           own
           the
           Covenant
           ,
           the
           Parliament
           concluding
           that
           the
           same
           Men
           ,
           owning
           the
           same
           Principles
           ,
           would
           be
           ready
           upon
           occasion
           to
           act
           over
           again
           the
           same
           things
           ,
           therefore
           they
           by
           Vote
           (
           which
           may
           be
           called
           unanimous
           ,
           seeing
           only
           
           four
           or
           five
           dissented
           )
           restored
           Episcopacy
           ,
           and
           that
           so
           much
           the
           rather
           ,
           because
           that
           Government
           had
           in
           
             no
             age
             nor
             place
             forced
          
           its
           way
           into
           the
           State
           by
           the
           Sword
           ,
           but
           had
           still
           been
           brought
           in
           by
           the
           
             uncontraverted
             Magistrate
          
           ,
           without
           ever
           thrusting
           it self
           in
           by
           Violence
           ,
           and
           yet
           the
           Government
           did
           sustain
           Episcopacy
           as
           a
           part
           of
           the
           State
           ,
           but
           never
           as
           a
           
             Hierarchy
             wholly
             independent
          
           from
           it
           ,
        
         
           The
           
             Presbyterian
             Preachers
          
           had
           all
           along
           taught
           the
           People
           ,
           That
           as
           their
           Government
           was
           
             Iure
             Divino
          
           ,
           so
           the
           People
           might
           thereby
           be
           obliged
           to
           defend
           them
           and
           it
           ,
           under
           pain
           of
           Eternal
           Damnation
           ,
           even
           (
           
             when
             Episcopacy
          
           was
           Established
           by
           Law
           ;
           )
           and
           accordingly
           some
           of
           the
           People
           who
           retained
           that
           Principle
           ,
           frequented
           the
           Conventicles
           at
           which
           these
           Ministers
           Preacht
           ;
           whereupon
           the
           State
           fearing
           that
           the
           old
           Humour
           might
           ferment
           again
           into
           a
           Rebellion
           ,
           discharged
           under
           some
           small
           Penalties
           any
           above
           
             Five
             Strangers
          
           to
           meet
           in
           a
           Conventicle
           ,
           leaving
           thereby
           at
           once
           the
           free
           exercise
           of
           their
           Conscience
           in
           their
           Families
           ,
           and
           yet
           securing
           the
           State
           against
           such
           a
           total
           defection
           ,
           as
           might
           involve
           us
           in
           a
           New
           Civil-War
           ,
           which
           without
           doubt
           was
           all
           the
           State
           design'd
           :
           But
           to
           elude
           these
           Penalties
           for
           House-Conventicles
           ,
           some
           Preachers
           (
           amongst
           whom
           were
           some
           of
           those
           who
           had
           been
           formerly
           banished
           )
           gathered
           the
           People
           together
           in
           the
           Fields
           ;
           they
           bringing
           Arms
           with
           them
           to
           secure
           their
           Ministers
           ,
           came
           at
           last
           to
           have
           such
           an
           Opinion
           of
           their
           own
           strength
           ,
           that
           they
           formed
           themselves
           into
           an
           Army
           ,
           and
           were
           defeated
           at
           
             Pentland
             Hills
             ,
             Novemb.
             Anno
          
           1666.
           
           Yet
           within
           a
           short
           time
           of
           that
           ,
           the
           State
           Indulged
           them
           so
           far
           as
           to
           allow
           them
           their
           own
           Ministers
           ,
           settling
           them
           in
           Churches
           ,
           and
           allowing
           them
           the
           enjoyment
           of
           the
           Benefices
           in
           many
           places
           .
           This
           did
           not
           satisfie
           these
           People
           ,
           because
           the
           Ministers
           so
           Indulged
           acknowledged
           the
           King
           and
           Council's
           Authority
           ;
           and
           they
           ,
           with
           some
           of
           their
           violent
           Preachers
           railed
           as
           much
           against
           these
           
             Indulged
             Ministers
          
           ,
           as
           against
           the
           Bishops
           ,
           and
           
             regular
             Clergy
          
           ,
           and
           call'd
           them
           
             Council
             Curates
          
           ,
           and
           separated
           from
           them
           .
           The
           State
           considering
           that
           by
           the
           Laws
           of
           all
           Nations
           ,
           
             rising
             in
             Arms
             is
             to
             be
             accounted
             Rebellion
             ,
          
           and
           that
           a
           Preacher's
           Presence
           could
           legitimate
           the
           
           Action
           no
           more
           than
           a
           Priest
           could
           Transubstantiate
           the
           Elements
           ;
           they
           declared
           by
           several
           Acts
           ,
           Field-Meetings
           to
           
             be
             the
             Rendevouzes
             of
             Rebellion
          
           :
           Notwithstanding
           all
           which
           ,
           these
           Dissenters
           proceeded
           ,
           as
           from
           House
           to
           Field-Meetings
           ,
           so
           from
           Field-Conventicles
           to
           publish
           Proclamations
           ,
           Declaring
           that
           the
           
             Covenant
             was
             the
             Original
             Contract
             betwixt
             God
             ,
             the
             King
             ,
             and
             the
             People
          
           ;
           and
           therefore
           King
           Charles
           the
           Second
           having
           broken
           it
           ,
           
           
             forfaulted
             his
             Crown
          
           ,
           and
           being
           to
           be
           considered
           only
           as
           a
           
             private
             Subject
          
           ,
           and
           
             Enemy
             to
             God
          
           ,
           they
           had
           declared
           a
           just
           War
           against
           him
           ,
           and
           that
           it
           was
           lawful
           to
           
             kill
             him
          
           ,
           and
           all
           who
           served
           him
           ,
           following
           as
           was
           pretended
           the
           Noble
           Examples
           of
           Phineas
           and
           Eliud
           ;
           and
           in
           consequence
           of
           this
           Doctrin
           they
           murthered
           the
           Arch-Bishop
           of
           
             St.
             Andrews
             ,
             and
             several
             others
          
           ;
           to
           defend
           these
           Murtherers
           an
           Army
           was
           gathered
           by
           them
           ,
           which
           was
           beat
           a
           
             Bothuel-Bridge
             ,
             Anno
          
           1679.
           
           But
           yet
           the
           King
           to
           reclaim
           them
           ,
           granted
           both
           an
           Indemnity
           and
           Indulgence
           ;
           notwithstanding
           of
           which
           ,
           a
           
             New
             Plot
          
           was
           entred
           into
           ,
           and
           it
           was
           Contrived
           in
           a
           Meeting
           of
           the
           Scots
           at
           London
           ,
           that
           20000
           Men
           should
           be
           raised
           in
           Scotland
           ,
           and
           that
           the
           Garrisons
           of
           Berwick
           ,
           and
           Carlile
           ,
           and
           all
           the
           Officers
           of
           State
           should
           be
           seized
           ,
           which
           was
           likewise
           seconded
           by
           Monmouth
           ,
           and
           
           Argyle's
           
             Rebellion
             ,
             Anno
          
           1685.
           
           Whereupon
           the
           Parliament
           finding
           that
           the
           Preaching
           up
           of
           Rebellion
           in
           private
           Conventicles
           had
           occasion'd
           all
           this
           danger
           to
           King
           and
           People
           ,
           and
           that
           nothing
           could
           be
           secure
           whilst
           every
           thing
           might
           be
           preacht
           ,
           they
           Enacted
           ,
           That
           the
           Ministers
           who
           preacht
           at
           Conventicles
           should
           be
           Capitally
           Punished
           ;
           but
           by
           Vertue
           of
           this
           Act
           ,
           no
           Man
           was
           ever
           Punished
           ,
           much
           less
           Executed
           .
        
         
           This
           being
           the
           true
           Progress
           ,
           and
           these
           the
           Occasions
           of
           making
           those
           Acts
           ,
           it
           is
           admired
           why
           the
           Government
           is
           taxed
           with
           so
           much
           Cruelty
           ,
           and
           the
           Acts
           themselves
           reproached
           as
           Diabolical
           :
           For
           First
           ,
           These
           against
           House-Conventicles
           are
           the
           same
           with
           the
           Laws
           in
           England
           ,
           and
           less
           severe
           than
           those
           made
           against
           Dissenters
           in
           
             Queen
             Elizabeths
          
           time
           ,
           or
           than
           those
           now
           standing
           against
           the
           Calvinists
           in
           Sweden
           ,
           or
           those
           made
           ,
           and
           now
           executed
           by
           the
           Presbyterians
           and
           Independents
           in
           New-England
           ;
           but
           much
           more
           gentle
           than
           those
           our
           
             Presbyterians
             made
             when
             they
             Govern'd
          
           .
        
         
         
           2.
           
           Whatever
           might
           be
           said
           against
           such
           Acts
           
             in
             Countries
             where
             Dissenters
             never
             entred
             into
             a
             War
             ,
          
           yet
           in
           
             this
             Isle
          
           ,
           where
           they
           upon
           the
           same
           Principles
           overturned
           the
           Government
           and
           Laws
           ,
           and
           were
           upon
           every
           occasion
           again
           attempting
           it
           ,
           
             so
             small
             a
             Caution
          
           cannot
           be
           accounted
           severe
           .
           3.
           
           This
           Caution
           was
           much
           more
           just
           in
           Scotland
           ,
           than
           even
           in
           England
           ;
           because
           the
           Dissenters
           in
           Scotland
           were
           more
           bigotted
           to
           the
           Covenant
           ,
           which
           is
           a
           constant
           Fond
           for
           Rebellion
           .
           4.
           
           The
           Posteriour
           Acts
           made
           against
           Field-Conventicles
           ,
           were
           the
           necessary
           product
           of
           new
           accessional
           degrees
           of
           Rebellion
           ;
           and
           were
           not
           Punishments
           design'd
           against
           Opinions
           in
           Religion
           ,
           but
           meerly
           against
           
             Treasonable
             Combinations
          
           ,
           which
           exceeded
           what
           was
           attempted
           in
           England
           ,
           or
           elsewhere
           ;
           and
           the
           Governours
           (
           for
           the
           time
           )
           can
           truly
           and
           boldly
           say
           ,
           That
           no
           Man
           in
           Scotland
           ever
           
             suffer'd
             for
             his
             Religion
          
           .
           But
           if
           any
           will
           pretend
           ,
           that
           Religion
           obliges
           him
           to
           
             rise
             in
             Arms
             ,
             or
             to
             Murder
             ,
          
           this
           Principle
           ought
           neither
           to
           be
           sustain'd
           as
           a
           Defence
           ,
           nor
           the
           obviating
           of
           it
           to
           be
           made
           a
           Crime
           ;
           and
           as
           the
           Covenanters
           laughed
           at
           such
           a
           defence
           when
           propos'd
           for
           them
           ,
           who
           assisted
           King
           Charles
           I.
           meerly
           for
           Conscience
           sake
           ,
           so
           they
           cannot
           deny
           ,
           but
           they
           zealously
           prest
           Sir
           
             Iohn
             Dalrymple
          
           ,
           then
           Advocate
           ,
           to
           hang
           Mr.
           Renwick
           a
           Field-Preacher
           ,
           for
           
             Field-Preaching
             ,
             where
             some
             of
             his
             Hearers
             were
             Arm'd
             ,
             because
             he
             was
             like
             to
             divide
             their
             Church
             ,
          
           after
           they
           got
           an
           Indulgence
           from
           King
           Iames
           ,
           against
           the
           accepting
           whereof
           ,
           Renwick
           and
           his
           Party
           exclaim'd
           highly
           ;
           and
           that
           so
           much
           the
           more
           plausibly
           ,
           for
           that
           many
           of
           them
           ,
           who
           now
           accepted
           an
           Indulgence
           from
           a
           King
           professedly
           Popish
           ,
           had
           rejected
           and
           preacht
           against
           those
           who
           accepted
           of
           one
           when
           offer'd
           by
           a
           King
           of
           the
           
             Protestant
             Profession
          
           .
           I
           must
           also
           ask
           them
           ,
           if
           any
           should
           now
           rise
           in
           Arms
           in
           defence
           of
           Episcopacy
           ,
           and
           alledge
           Conscience
           for
           so
           doing
           ,
           
             would
             they
             sustain
             that
             as
             a
             just
             defence
          
           ?
           5.
           
           When
           ever
           any
           Man
           offer'd
           to
           keep
           the
           Church
           ,
           former
           Fines
           were
           generally
           remitted
           ,
           if
           timeous
           Application
           was
           made
           ;
           and
           more
           Indulgencies
           and
           Indemnities
           were
           granted
           by
           this
           King
           ▪
           than
           by
           any
           that
           ever
           reign'd
           ;
           and
           generally
           no
           Man
           was
           executed
           in
           his
           Reign
           ,
           who
           would
           say
           ,
           
             God
             Bless
             the
             King
          
           ,
           or
           acknowledge
           his
           Authority
           ;
           an
           unusual
           Clemency
           ,
           never
           shewn
           in
           any
           other
           
           Nation
           ,
           and
           such
           as
           was
           not
           practised
           by
           those
           ,
           who
           now
           cry
           out
           against
           the
           Severity
           of
           that
           Government
           ..
        
         
           The
           Reader
           will
           be
           astonished
           ,
           when
           we
           inform
           him
           ;
           that
           the
           way
           of
           Worship
           in
           our
           Church
           ,
           differed
           nothing
           from
           what
           the
           Presbyterians
           themselves
           practised
           ,
           (
           except
           only
           ,
           that
           we
           used
           the
           
             Doxologie
             ,
             the
             Lord's
             Prayer
          
           ,
           and
           in
           Baptism
           ,
           
             the
             Creed
          
           ,
           all
           which
           they
           rejected
           .
           )
           We
           had
           no
           
             Ceremonies
             ,
             Surplice
             ▪
             Altars
             ,
             Cross
             in
             Baptisms
             ,
          
           nor
           the
           meanest
           of
           those
           things
           which
           would
           be
           allowed
           in
           England
           by
           the
           Dissenters
           ,
           in
           way
           of
           Accommodation
           :
           That
           the
           most
           Able
           and
           Pious
           of
           their
           Ministers
           ,
           did
           hear
           the
           Episcopal
           Clergy
           Preach
           ,
           many
           of
           them
           Communicated
           in
           the
           Churches
           ,
           and
           almost
           all
           the
           People
           Communicated
           also
           ;
           so
           that
           it
           cannot
           be
           said
           
             that
             they
             were
             Persecuted
          
           ,
           and
           forced
           to
           joyn
           with
           an
           Vnsound
           ,
           much
           less
           Heretical
           Church
           ,
           as
           the
           French
           Protestants
           are
           .
        
         
           From
           all
           which
           ,
           it
           follows
           clearly
           ,
           that
           the
           Complainers
           ▪
           were
           the
           Aggressors
           ,
           that
           the
           Government
           proceeded
           by
           slow
           steps
           ,
           to
           Punish
           even
           those
           who
           had
           
             forced
             it
             into
             a
             Resentment
          
           ,
           and
           that
           all
           pains
           were
           taken
           to
           Reclaim
           rather
           than
           Punish
           .
        
         
           Any
           Reasonable
           and
           Unprejudiced
           Man
           must
           allow
           ,
           that
           the
           State
           had
           reason
           to
           be
           jealous
           that
           the
           same
           Men
           who
           had
           Invaded
           and
           
             overturned
             the
             Government
          
           under
           King
           CHALES
           I.
           retaining
           still
           the
           same
           Principles
           
             as
             Sacred
          
           ,
           and
           bursting
           forth
           into
           the
           same
           Excesses
           under
           King
           CHARLES
           II.
           
             were
             still
             to
             be
             kept
             in
             awe
             ,
          
           and
           within
           the
           Barriers
           of
           Law
           ,
           and
           that
           by
           their
           own
           Principle
           of
           
             Salus
             Populi
          
           ,
           better
           some
           few
           of
           the
           Society
           should
           perish
           than
           that
           the
           whole
           should
           go
           to
           ruin
           .
           
             Vnitas
             ,
             non
             unus
          
           ,
           as
           was
           said
           by
           them
           in
           the
           
             E.
             Straffords
          
           Case
           ;
           and
           if
           two
           States
           of
           Parliament
           without
           
             the
             King
          
           ,
           were
           thought
           the
           best
           ,
           and
           necessary
           Judges
           ,
           of
           what
           was
           
             Salus
             Populi
          
           in
           those
           days
           ;
           much
           more
           should
           it
           be
           acknowledged
           ,
           that
           
             the
             King
             and
             three
             Estates
          
           ,
           in
           many
           subsequent
           Parliaments
           ,
           agreeing
           cordially
           together
           ,
           should
           be
           acknowledged
           to
           be
           the
           true
           Judges
           of
           what
           was
           
             Salus
             Populi
          
           in
           our
           Government
           ,
           especially
           when
           what
           they
           did
           was
           founded
           on
           
             a
             Series
             of
             uncontraverted
             Laws
          
           ,
           and
           upon
           long
           and
           deplorable
           experience
           of
           the
           Mischiefs
           occasion'd
           by
           that
           Pary
           .
           Whereas
           they
           who
           condemn
           our
           proceedings
           ,
           must
           ,
           
           and
           do
           acknowledge
           before
           they
           Condemn
           us
           ,
           that
           they
           consider
           themselves
           as
           a
           People
           coming
           into
           a
           Country
           where
           there
           were
           no
           Laws
           ,
           and
           so
           might
           take
           any
           new
           Laws
           they
           thought
           fit
           ,
           for
           the
           present
           exigent
           :
           A
           Liberty
           which
           we
           (
           Poor
           Slaves
           !
           )
           durst
           never
           take
           ,
           foolishly
           conceiving
           our selves
           over-ruled
           by
           our
           Statute-Books
           ,
           Ancient
           Customs
           ,
           and
           Oaths
           ,
           regulating
           our
           Duty
           and
           Conscience
           .
        
         
           For
           answering
           the
           Objections
           which
           are
           made
           against
           the
           Government
           ,
           I
           shall
           class
           them
           
             into
             these
             General
             Enormities
             with
             which
             the
             Government
             is
             charged
             ,
          
           and
           into
           the
           particular
           instances
           of
           its
           pretended
           Cruelty
           .
        
         
           The
           first
           General
           Objection
           is
           ,
           That
           the
           
             severe
             Laws
          
           made
           against
           Conventicles
           were
           yet
           more
           severely
           put
           in
           execution
           by
           Sir
           
             Iames
             Turner
          
           ,
           and
           Sir
           
             William
             Ballantine
          
           ,
           and
           others
           ,
           which
           occasion'd
           the
           Insurrection
           at
           Pentland-hills
           ,
           and
           it
           is
           alledged
           that
           these
           Conventiclers
           came
           only
           to
           petition
           the
           Council
           ,
           not
           to
           overturn
           the
           Government
           .
        
         
           To
           this
           it
           is
           answered
           ,
           That
           all
           rising
           in
           Arms
           upon
           any
           pretext
           whatsoever
           ,
           is
           
             declared
             Rebellion
          
           in
           this
           and
           all
           other
           Nations
           ;
           and
           if
           any
           should
           rise
           now
           in
           Arms
           because
           Free-quarter
           is
           taken
           from
           them
           against
           Law
           ,
           they
           would
           find
           this
           Government
           so
           to
           take
           it
           .
           Nor
           can
           it
           be
           pretended
           that
           Justice
           was
           denied
           to
           private
           Petitioners
           ;
           but
           on
           the
           contrary
           ,
           Turner
           and
           Ballantine
           were
           laid
           aside
           ,
           which
           is
           all
           the
           State
           could
           do
           ,
           it
           being
           impossible
           to
           answer
           for
           all
           the
           extravagancies
           of
           Soldiers
           ,
           even
           under
           the
           most
           just
           Government
           .
           From
           this
           likewise
           it
           necessarily
           follows
           ,
           that
           because
           this
           was
           no
           just
           War
           ,
           therefore
           the
           Learned
           and
           Worthy
           Sir
           
             Iohn
             Nisbet
          
           ,
           then
           
           King's
           Advocate
           ,
           and
           
             the
             Criminal
             Iudges
          
           were
           unjustly
           reproached
           for
           refusing
           to
           allow
           the
           defence
           founded
           on
           giving
           Quarter
           ,
           that
           being
           only
           to
           be
           allowed
           in
           
             Iusto
             Bello
          
           :
           And
           it
           is
           to
           be
           remembred
           ,
           that
           this
           defence
           was
           not
           allowed
           to
           the
           Worthy
           President
           Sir
           
             Robert
             Spotswood
          
           ,
           Son
           to
           the
           famous
           Archbishop
           ,
           in
           Anno
           1645
           ,
           tho'
           the
           War
           was
           just
           on
           the
           
           King's
           side
           ,
           and
           he
           acted
           by
           vertue
           of
           a
           Commission
           from
           that
           very
           King
           ▪
           by
           whose
           Authority
           the
           Parliament
           that
           Condemned
           him
           was
           called
           ;
           and
           it
           could
           not
           be
           proved
           by
           those
           that
           were
           taken
           at
           Pentland-hills
           ,
           that
           Quarter
           
           was
           granted
           them
           ;
           whereas
           it
           was
           clearly
           proved
           ,
           that
           the
           Council
           in
           General
           had
           discharged
           granting
           of
           Quarter
           upon
           
             the
             foresaid
             account
          
           .
           We
           pass
           under
           silence
           here
           ,
           the
           Dreadful
           Slaughter
           of
           several
           Hundreds
           Killed
           after
           Free
           Quarter
           given
           ,
           and
           Surrendring
           of
           the
           Castle
           of
           Dunvileigh
           ,
           (
           which
           made
           Lieutenant
           General
           Leslie
           ,
           who
           then
           commanded
           the
           Army
           ,
           threaten
           to
           lay
           down
           his
           Commission
           ,
           )
           notwithstanding
           of
           a
           violent
           Sermon
           made
           before
           him
           upon
           these
           words
           ,
           1
           Sam.
           Chap.
           15.
           v.
           14.
           
           
             What
             meaneth
             then
             this
             bleating
          
           ,
           &c.
           
           *
        
         
           As
           to
           the
           sending
           away
           People
           to
           the
           Plantations
           ,
           it
           is
           answered
           that
           none
           were
           sent
           away
           ,
           but
           such
           as
           were
           taken
           at
           Bothuel-Bridge
           ,
           or
           in
           
           Argyle's
           Rebellion
           ;
           and
           the
           turning
           Capital
           Punishment
           into
           exile
           ,
           was
           an
           Act
           of
           Clemency
           ;
           not
           of
           Cruelty
           .
           As
           to
           Torture
           ,
           it
           is
           allowed
           not
           only
           by
           the
           Law
           of
           our
           Nation
           ,
           but
           of
           all
           Nations
           except
           England
           ,
           and
           founded
           on
           the
           foremention'd
           
             Maxims
             ,
             Salus
             Populi
          
           ,
           &c.
           
           
             Pereat
             unus
             ,
             potius
             quam
             Vnitas
          
           ;
           nor
           was
           it
           ever
           inflicted
           ,
           but
           where
           the
           Person
           tortured
           was
           evidently
           proved
           to
           be
           
             Guilty
             of
             Accession
             to
             the
             Crime
             ,
          
           and
           that
           he
           knew
           the
           Accomplices
           ;
           it
           being
           still
           left
           in
           his
           power
           to
           secure
           himself
           against
           Torture
           ,
           by
           confessing
           who
           were
           his
           Accomplices
           ,
           or
           by
           clearing
           himself
           by
           his
           Oath
           ,
           
             that
             he
             did
             not
             know
             them
             ,
          
           which
           Oath
           was
           required
           to
           free
           ,
           not
           to
           bind
           the
           Deponent
           ;
           because
           his
           Knowledge
           of
           the
           matter
           was
           first
           proved
           ,
           and
           it
           was
           still
           previously
           declared
           by
           Act
           of
           Council
           ,
           that
           nothing
           he
           was
           to
           Depone
           should
           prejudge
           him
           ;
           And
           those
           who
           had
           been
           in
           that
           Government
           were
           very
           sorry
           that
           when
           Torture
           was
           declared
           a
           Grievance
           in
           the
           last
           Convention
           ,
           Matters
           of
           high
           importance
           relating
           to
           the
           Government
           ,
           
             were
             still
             excepted
          
           ,
           which
           expos'd
           the
           Subjects
           to
           as
           much
           danger
           as
           formerly
           .
           As
           to
           the
           
             Imprisoning
             free
             Leidges
             without
             giving
             any
             reason
             ,
             and
             detaining
             them
             in
             Prison
             for
             many
             Years
          
           ;
           It
           is
           answered
           ,
           that
           we
           have
           no
           Act
           for
           
             Habeas
             Corpus
          
           in
           Scotland
           ,
           and
           so
           these
           things
           may
           be
           accounted
           Severe
           ,
           but
           not
           Illegal
           ;
           and
           they
           were
           introduced
           in
           the
           
             late
             Vnhappy
             Presbyterian
             Rebellion
          
           ,
           where
           thousands
           were
           kept
           in
           Prison
           a
           great
           many
           years
           ,
           without
           any
           Crime
           or
           Hopes
           of
           Releasment
           ;
           but
           the
           true
           Reason
           of
           the
           frequent
           Imprisonments
           ,
           during
           K.
           Charles
           the
           2
           
           d's
           Government
           ,
           
           should
           only
           be
           charged
           
             on
             those
          
           who
           were
           Accessories
           to
           the
           
             Plots
             and
             Rebellions
             which
             occasion'd
             them
          
           ;
           and
           no
           Men
           wish'd
           more
           than
           we
           did
           ,
           to
           see
           those
           peaceable
           times
           which
           might
           allow
           an
           Act
           of
           Parliament
           for
           
             Habeas
             Corpus
          
           .
        
         
           Another
           thing
           which
           occasioned
           these
           long
           Imprisonments
           ,
           was
           ,
           That
           the
           persons
           imprisoned
           
             refus'd
             to
             acknowledge
             the
             King's
             Authority
             ,
          
           without
           which
           they
           could
           not
           have
           been
           set
           at
           liberty
           ,
           when
           there
           was
           a
           clear
           Probation
           against
           them
           .
           But
           can
           this
           be
           objected
           to
           Vs
           ,
           by
           those
           who
           have
           since
           Imprison'd
           
             more
             in
             one
             Year
             than
             we
             did
             in
             five
          
           ?
        
         
           As
           to
           the
           bringing
           in
           the
           
             Highlanders
             on
             the
             Western
             shires
             ,
             and
             taking
             free
             Quarter
             there
          
           ;
           it
           is
           answered
           ,
           that
           many
           thousands
           had
           gather'd
           in
           
             Field
             Conventicles
          
           with
           Arms
           for
           several
           Years
           ;
           and
           when
           these
           Conventicles
           which
           used
           to
           meet
           in
           several
           places
           ,
           pleas'd
           to
           join
           in
           one
           ,
           they
           could
           easily
           
             form
             an
             Army
          
           .
           To
           prevent
           which
           ,
           the
           Council
           wrote
           a
           Letter
           to
           these
           Western-shires
           ,
           entreating
           them
           to
           fall
           upon
           some
           course
           for
           
             security
             of
             the
             Peace
          
           ;
           they
           returning
           for
           answer
           ,
           
             That
             the
             Peace
             could
             not
             be
             secured
             there
             without
             Abrogating
             Episcopacy
             .
          
           The
           King
           and
           Council
           consider'd
           this
           as
           a
           Sacrificing
           the
           Laws
           to
           the
           Humours
           and
           Passions
           of
           
             private
             Men
          
           ,
           and
           such
           too
           ,
           as
           they
           had
           reason
           to
           think
           ,
           could
           no
           more
           be
           satisfied
           with
           that
           Concession
           than
           their
           Predecessours
           were
           ,
           who
           proceeded
           to
           ruin
           King
           Charles
           I.
           after
           he
           had
           parted
           with
           the
           Order
           of
           Episcopacy
           to
           
             please
             them
          
           ;
           and
           therefore
           the
           Highlanders
           were
           sent
           
             in
             ,
             to
             secure
             the
             Peace
          
           ;
           and
           because
           Mony
           could
           not
           be
           provided
           in
           haste
           ,
           the
           Council
           declar'd
           by
           their
           Act
           ,
           That
           those
           on
           whom
           they
           were
           quartered
           should
           be
           paid
           out
           of
           the
           first
           and
           readiest
           of
           the
           Fines
           owing
           there
           ,
           and
           the
           Superplus
           should
           be
           paid
           by
           the
           King
           ;
           nor
           have
           those
           who
           were
           then
           in
           the
           Government
           ,
           clamour'd
           so
           much
           now
           for
           
             a
             Years
          
           Free
           Quarter
           as
           
             these
             People
          
           did
           then
           for
           a
           Fortnights
           ,
           and
           even
           during
           that
           Fortnight
           most
           men
           
             pay'd
             for
             their
             Quarters
          
           ;
           nor
           was
           there
           any
           more
           Surety
           sought
           ,
           at
           least
           from
           Masters
           and
           Heretors
           ,
           than
           the
           ordinary
           Surety
           of
           Law-borrows
           ,
           by
           the
           very
           style
           whereof
           ,
           any
           private
           Man
           may
           force
           another
           by
           the
           Law
           to
           secure
           him
           against
           all
           Prejudices
           from
           his
           
             Men
             ,
             Tennents
          
           and
           Servants
           ,
           and
           others
           of
           his
           Command
           ,
           Out-hounding
           and
           Ra●ihabition
           .
           And
           that
           the
           King
           had
           
           great
           reason
           to
           be
           jealous
           of
           their
           
             breaking
             the
             Peace
          
           ,
           appears
           fully
           from
           the
           Reasons
           above
           Represented
           ,
           and
           when
           this
           Surety
           was
           thereupon
           approv'd
           by
           Parliament
           ,
           by
           which
           it
           was
           Enacted
           ,
           that
           
             Masters
             should
             be
             liable
             eithr
             to
             remove
             their
             Tennents
             from
             their
             Lands
             ,
          
           or
           
             to
             present
             them
             to
             Iustice
          
           :
           It
           prov'd
           a
           most
           advantageous
           Remedy
           for
           
             settling
             the
             Nation
          
           ,
           to
           the
           great
           advantage
           both
           of
           Master
           and
           Servant
           ;
           this
           alternative
           securing
           the
           Master
           from
           many
           hardships
           ,
           and
           ingaging
           his
           Servants
           to
           obey
           him
           ,
           as
           he
           was
           obliged
           to
           obey
           the
           King
           ▪
           and
           
             keep
             the
             Peace
          
           .
        
         
           As
           to
           the
           
             Cumulative
             Iurisdiction
          
           so
           much
           complain'd
           of
           ,
           because
           it
           gives
           the
           King
           a
           power
           to
           name
           Sheriffs
           ,
           and
           other
           
             Inferiour
             Iudges
          
           ,
           who
           may
           have
           an
           equal
           share
           in
           the
           Administration
           with
           those
           who
           had
           the
           sole
           
             Heretable
             Iurisdiction
          
           formerly
           ,
           whereby
           it
           is
           pretended
           the
           Property
           of
           the
           Subjects
           was
           invaded
           .
           It
           is
           answered
           ,
           that
           
             Heretable
             Iurisdictions
          
           are
           of
           themselves
           very
           little
           to
           be
           favour'd
           ,
           because
           the
           Heir
           must
           be
           a
           Iudge
           both
           in
           Matters
           of
           Life
           and
           Fortune
           ,
           though
           he
           want
           Probity
           or
           
             Knowledge
             in
             the
             Law
          
           ,
           and
           the
           Interested
           Superiours
           or
           Over-Lords
           had
           thereby
           the
           unfortunate
           poor
           Vassals
           absolutely
           at
           their
           Devotion
           ,
           and
           therefore
           by
           an
           old
           Law
           in
           K.
           Iames
           the
           2
           ds
           time
           ,
           there
           was
           an
           Act
           made
           ,
           discharging
           all
           
             Heretable
             Iurisdictions
          
           without
           consent
           of
           Parliament
           ;
           and
           Sir
           
             Iohn
             Nisbet
          
           
           upon
           these
           and
           many
           other
           
             good
             Reasons
          
           ,
           advised
           ,
           that
           all
           the
           other
           
             Heretable
             Iurisdiction
          
           (
           because
           almost
           all
           granted
           since
           that
           time
           )
           should
           be
           Repealed
           ;
           and
           yet
           ,
           though
           these
           
             Heretable
             Iudges
          
           refus'd
           to
           concur
           in
           putting
           the
           Laws
           against
           Field-Conventicles
           ,
           and
           
             Armed
             Insurrections
          
           in
           Execution
           ,
           or
           conniv'd
           at
           them
           ,
           whereby
           they
           grew
           very
           formidable
           ,
           the
           Council
           unwilling
           to
           take
           away
           
             these
             Iurisdictions
             totally
          
           ,
           chose
           rather
           to
           name
           others
           to
           sit
           with
           
             those
             Iudges
          
           ,
           or
           to
           supply
           their
           absence
           if
           they
           refused
           to
           come
           ;
           but
           there-after
           S.
           
             G.
             M.
          
           succeeding
           as
           Advocate
           ,
           to
           prevent
           all
           Debate
           ,
           advis'd
           the
           bringing
           this
           point
           to
           the
           Parliament
           ,
           to
           the
           end
           ,
           that
           that
           procedure
           of
           the
           King's
           Council
           might
           be
           either
           
             Vncontravertedly
             Legal
          
           if
           acquiesc'd
           in
           ,
           or
           
             let
             fall
          
           if
           refus'd
           ;
           and
           accordingly
           the
           Parliament
           having
           pass'd
           it
           into
           
             an
             Act
          
           ;
           it
           seems
           great
           
             Malice
             and
             Ignorance
          
           to
           call
           this
           Illegal
           ;
           and
           it
           being
           founded
           upon
           such
           just
           and
           
             solid
             Reasons
          
           ,
           it
           
           seem'd
           as
           strange
           ,
           why
           it
           should
           be
           thought
           severe
           ,
           and
           never
           Lawyer
           spoke
           against
           it
           except
           those
           who
           had
           
             Heretable
             Iurisdictions
          
           .
           It
           were
           unreasonable
           that
           the
           King
           should
           complain
           of
           what
           he
           consented
           to
           in
           Parliament
           in
           favours
           of
           his
           Subjects
           ;
           and
           so
           it
           must
           be
           likewise
           concluded
           unreasonable
           that
           the
           Subject
           should
           complain
           
             of
             this
             point
          
           which
           they
           have
           granted
           to
           the
           King
           ,
           especially
           seeing
           it
           is
           more
           in
           favours
           of
           the
           Subjects
           than
           of
           Him
           ,
           it
           being
           a
           
             strong
             Bulwark
          
           against
           great
           Mens
           oppressing
           of
           their
           Vassals
           and
           Inferiours
           ;
           and
           therefore
           I
           cannot
           see
           why
           the
           
             Inferior
             sort
          
           should
           be
           so
           dull
           or
           unreasonabe
           as
           to
           complain
           of
           it
           .
           But
           notwithstanding
           of
           this
           Clamour
           ,
           and
           abstracting
           even
           from
           this
           Act
           ,
           it
           is
           still
           maintain'd
           by
           the
           Advocate
           ,
           that
           all
           Lawyers
           ,
           and
           particularly
           our
           Learned
           Craig
           in
           his
           Book
           
             De
             Feudis
          
           ,
           assert
           ,
           that
           the
           Superiour
           has
           still
           an
           
             Accumulative
             Iurisdiction
          
           with
           his
           Vassal
           
             as
             to
             the
             point
             of
             Iudging
          
           ;
           for
           tho'
           he
           delegate
           a
           Jurisdiction
           for
           his
           Conveniency
           ,
           yet
           that
           is
           not
           exclusive
           ,
           that
           being
           a
           quality
           which
           still
           adheres
           ,
           as
           Craig
           says
           ;
           †
           however
           Sir
           
             George
             Makenzee
          
           ,
           Advocate
           ,
           advis'd
           to
           stop
           all
           Clamours
           ,
           that
           the
           
             Heretable
             Iudge
          
           might
           still
           have
           the
           Casualties
           ,
           so
           that
           his
           Property
           could
           not
           be
           said
           to
           be
           invaded
           ;
           and
           lest
           this
           might
           be
           drawn
           to
           the
           Session
           ,
           as
           is
           ridiculously
           pretended
           ,
           the
           Act
           is
           only
           made
           Relative
           to
           Iurisdictions
           given
           by
           his
           Majesty
           to
           his
           good
           Subjects
           ,
           which
           can
           in
           no
           sense
           fall
           under
           the
           Cognizance
           of
           the
           Session
           ,
           
             i.
             e.
             the
             Iudges
          
           .
        
         
           As
           to
           the
           
             Act
             made
             in
             Council
             ,
             allowing
             Souldiers
             to
             kill
             such
             as
             refused
             to
             own
             the
             King's
             Authority
          
           ;
           It
           is
           answer'd
           ,
           that
           there
           being
           many
           Proclamations
           issued
           out
           ,
           by
           the
           Dissenters
           ,
           declaring
           ,
           That
           
             the
             King
             had
             forfaulted
             his
             Right
             by
             breaking
             the
             Covenant
             ,
             and
             that
             therefore
             it
             was
             lawful
             to
             kill
             him
             ,
             and
             those
             who
             serv'd
             him
          
           :
           Many
           accordingly
           being
           kill'd
           ,
           it
           was
           thought
           necessary
           by
           some
           (
           upon
           the
           fresh
           news
           of
           Murdering
           some
           of
           the
           King's
           Horse-Guard
           at
           Swyn-Abbey
           in
           their
           Beds
           )
           to
           terfy
           them
           out
           of
           this
           Extravagancy
           ,
           by
           allowing
           the
           Soldiers
           to
           use
           them
           as
           in
           a
           War
           ,
           in
           which
           ,
           if
           any
           call
           ,
           
             For
             whom
             are
             you
          
           ?
           and
           the
           others
           owning
           
             that
             they
             were
             for
             the
             Enemy
          
           ;
           it
           is
           lawful
           then
           
             to
             kill
          
           :
           And
           thus
           they
           felt
           their
           Folly
           ,
           and
           the
           necessary
           effects
           
           of
           their
           Principle
           ;
           and
           yet
           still
           it
           was
           ordered
           ,
           That
           
             none
             should
             be
             kill'd
          
           except
           those
           who
           were
           found
           
             in
             Arms
             ,
             owning
             that
             Principle
             of
             Assassination
             ,
          
           and
           refusing
           to
           clear
           themselves
           of
           their
           having
           been
           in
           Accession
           to
           the
           
             declaring
             of
             War
             ,
             which
             they
             had
             then
             begun
          
           ;
           nor
           were
           these
           kill'd
           but
           when
           their
           deliberate
           refusal
           could
           be
           proved
           by
           two
           Witnesses
           .
           But
           that
           it
           may
           plainly
           appear
           ,
           that
           no
           more
           was
           in
           all
           this
           intended
           by
           the
           Governours
           ,
           than
           to
           secure
           the
           
             Publick
             Peace
          
           ,
           by
           terrifying
           those
           Assassines
           who
           had
           so
           manifestly
           invaded
           it
           ;
           Secret
           Orders
           were
           given
           ,
           that
           this
           should
           not
           last
           above
           a
           fortnight
           ,
           and
           that
           none
           should
           be
           kill'd
           except
           those
           who
           were
           found
           in
           the
           
             publickly
             printed
             List
             of
             declar'd
             Rebels
             ,
          
           who
           may
           be
           kill'd
           by
           the
           Laws
           of
           all
           Nations
           ;
           and
           but
           very
           few
           ,
           even
           of
           those
           Rebels
           were
           kill'd
           ,
           tho'
           this
           has
           been
           made
           the
           
             Foundation
             of
             many
             dreadful
             Lies
          
           .
           This
           mischief
           was
           intolerable
           in
           it self
           ,
           and
           we
           desire
           to
           know
           how
           it
           could
           have
           been
           otherways
           remedied
           ,
           for
           the
           Law
           must
           find
           Cures
           for
           all
           Mischiefs
           ,
           and
           
             these
             who
             occasion'd
             them
             ,
             should
             of
             all
             others
             ,
             be
             least
             allow'd
             to
             complain
             .
          
        
         
           After
           the
           terrour
           of
           that
           procedure
           had
           much
           cooled
           the
           Zeal
           of
           Assassination
           for
           a
           time
           ,
           it
           took
           
             new
             fire
          
           ,
           and
           several
           Proclamations
           for
           disowning
           the
           
           King's
           Authority
           ,
           and
           
             Murthering
             his
             Servants
          
           were
           posted
           upon
           all
           Church
           Doors
           ,
           and
           Mercat-Crosses
           ,
           so
           that
           no
           man
           who
           served
           the
           King
           could
           know
           whether
           or
           not
           his
           Murtherer
           was
           at
           his
           elbow
           ,
           and
           they
           had
           reason
           to
           look
           upon
           every
           place
           as
           their
           Scaffold
           :
           
           Whereupon
           the
           Advocate
           being
           desired
           to
           raise
           Processes
           against
           some
           who
           owned
           those
           
             Pernicious
             Principles
          
           ,
           he
           prevailed
           with
           the
           Council
           to
           ask
           the
           Opinion
           of
           all
           the
           Iudges
           upon
           this
           Quaery
           ,
           
             viz.
             Whether
             any
             of
             his
             Majesties
             Subjects
             being
             questioned
             by
             his
             Majesties
             Iudges
             or
             Commissioners
             ,
             if
             they
             own
             a
             late
             Proclamation
             in
             so
             far
             as
             it
             does
             declare
             War
             against
             his
             Sacred
             Majesty
             ,
             and
             asserts
             that
             it
             is
             lawful
             to
             kill
             all
             those
             who
             are
             employed
             by
             his
             Majesty
             ,
             refusing
             to
             answer
             upon
             Oath
             ,
             are
             thereby
             guilty
             of
             High
             Treason
             ,
             and
             are
             airt
             and
             part
             of
             the
             said
             Treasonable
             Declaration
             ,
             Salus
             Populi
             requiring
             that
             every
             one
             should
             contribute
             what
             was
             in
             his
             Power
             to
             the
             preservation
             of
             the
             Society
          
           ;
           and
           as
           none
           of
           the
           Kings
           Servants
           without
           this
           could
           know
           if
           he
           was
           secure
           of
           his
           Life
           ,
           so
           it
           was
           very
           easie
           for
           the
           person
           accused
           to
           clear
           himself
           if
           
           he
           was
           innocent
           :
           They
           consider'd
           likewise
           that
           Law
           in
           general
           ,
           for
           the
           good
           of
           the
           People
           ,
           did
           accommodate
           its
           self
           to
           
             what
             probation
             could
             be
             allowed
          
           ,
           and
           therefore
           invented
           
             presumptive
             probation
          
           upon
           that
           account
           ,
           whereof
           there
           are
           so
           many
           instances
           to
           be
           seen
           in
           all
           Laws
           ,
           that
           it
           were
           Childish
           to
           insist
           on
           them
           ,
           and
           no
           man
           has
           been
           so
           just
           as
           to
           produce
           one
           Law
           or
           Reason
           to
           convince
           us
           of
           the
           Illegality
           of
           this
           Opinion
           ;
           and
           there
           is
           an
           express
           Act
           of
           Parliament
           penned
           by
           the
           Learned
           Sir
           
             Iohn
             Nisbet
          
           ,
           whereby
           for
           the
           same
           Reason
           ,
           such
           as
           are
           prosecuted
           for
           Conventicles
           are
           obliged
           to
           Swear
           
             whether
             they
             were
             Innocent
             or
             Guilty
             ,
          
           which
           does
           run
           yet
           higher
           than
           this
           Opinion
           .
        
         
           There
           is
           another
           Opinion
           given
           by
           the
           Judges
           much
           challenged
           ,
           viz.
           That
           
             some
             having
             gone
             about
             amongst
             the
             People
             ,
             demanding
             Fifty
             Pound
             Sterling
             from
             each
             as
             a
             Contribution
             for
             the
             Earl
             of
          
           Argyle
           
             then
             forfaulted
             ,
             they
             from
             whom
             that
             Mony
             had
             been
             asked
             ,
             and
             conceal'd
             it
             ,
             were
             found
             Guilty
             of
             Treason
             ,
             because
             this
             was
             so
             far
             beyond
             private
             Charity
             ,
          
           that
           it
           would
           have
           amounted
           to
           a
           greater
           Sum
           than
           any
           Parliament
           had
           ever
           granted
           the
           King
           :
           And
           whereas
           the
           proposal
           of
           any
           
             Assistance
             to
             a
             Rebel
             is
             Treasonable
             ,
             the
             Concealing
             of
             it
          
           by
           our
           Law
           ,
           and
           by
           the
           Law
           of
           Nations
           is
           
             undoubted
             Treason
          
           .
           If
           the
           matter
           of
           Fact
           in
           these
           Answers
           had
           been
           Represented
           to
           the
           late
           Convention
           ,
           it
           cannot
           in
           Reason
           be
           thought
           they
           would
           have
           
             condemn'd
             them
          
           ;
           and
           if
           any
           Man
           will
           compare
           these
           Opinions
           of
           the
           Judges
           ,
           with
           
             that
             Grievance
          
           pretended
           in
           the
           late
           Convention
           ,
           and
           
             that
             again
          
           with
           the
           Act
           of
           Parliament
           ,
           they
           will
           find
           the
           matter
           of
           Fact
           variously
           represented
           in
           all
           the
           three
           .
           We
           must
           likewise
           inform
           the
           World
           ,
           
             That
             no
             Man
             died
             upon
             either
             of
             these
             Opinions
          
           ;
           and
           to
           cut
           off
           all
           Debate
           ,
           both
           
             these
             forenamed
             Opinions
          
           of
           the
           Judges
           are
           expresly
           ratified
           by
           Parliament
           ,
           and
           consequently
           are
           the
           
             Sense
             of
             the
             Nation
          
           .
        
         
           Before
           we
           enter
           upon
           private
           Processes
           ,
           we
           must
           complain
           ,
           That
           tho'
           K.
           Ch.
           having
           by
           Act
           of
           Parliament
           ,
           added
           five
           of
           the
           Learnedst
           of
           all
           his
           Iudges
           to
           his
           
             Iustice
             General
          
           and
           
             Iustice
             Clark
          
           in
           place
           of
           
             two
             Advocates
          
           ,
           who
           were
           generally
           but
           Young
           or
           Mean
           ,
           because
           they
           had
           only
           Fifty
           pounds
           Salary
           ,
           and
           that
           seldom
           pay'd
           ;
           that
           yet
           every
           
             Ignorant
             Scribler
          
           should
           presume
           to
           
             Reproach
             their
             Sentences
          
           ,
           and
           shou'd
           take
           upon
           them
           to
           judge
           
           the
           deepest
           Controversies
           in
           point
           of
           Law
           ;
           and
           should
           Dogmatically-Write
           of
           Criminal
           Sentences
           ,
           tho'
           they
           never
           saw
           a
           Criminal
           Court
           ,
           and
           be
           Applauded
           in
           things
           which
           every
           Servant
           about
           that
           Court
           knew
           to
           be
           Nonsence
           :
           Particularly
           ,
           '
           as
           that
           the
           Advocate
           ,
           
             Threatned
             Iuries
          
           ;
           whereas
           all
           he
           did
           ,
           was
           to
           
             Protest
             for
             an
             Assize
             of
             Error
             ,
          
           which
           the
           Laws
           Command
           ,
           and
           which
           all
           Advocates
           ever
           did
           ,
           and
           to
           this
           day
           doe
           .
           Again
           ,
           it
           is
           as
           Foolishly
           pretended
           ;
           That
           the
           Advocate
           
             Prosecuted
             Men
             without
             Order
          
           ;
           whereas
           indeed
           ,
           he
           never
           Prosecuted
           any
           ,
           until
           he
           was
           Commanded
           by
           the
           Council
           ,
           
             who
             are
             our
             Grand
             Iury
             upon
             Oath
             ,
          
           and
           all
           their
           Orders
           are
           Registrated
           ;
           the
           Court
           likewise
           ,
           was
           so
           very
           favourable
           to
           these
           Criminals
           ,
           that
           they
           did
           ordinarily
           Name
           (
           those
           of
           their
           own
           Profession
           )
           Presbyterians
           to
           pass
           upon
           their
           Jury
           ,
           and
           sent
           Ministers
           of
           their
           own
           Perswasion
           ,
           to
           Reclaim
           them
           ;
           and
           
             these
             Iurors
             and
             Ministers
          
           ,
           seldom
           fail'd
           to
           Condemn
           them
           as
           much
           as
           the
           Judges
           did
           .
        
         
           The
           
             Capital
             Sentences
          
           in
           that
           Court
           ,
           were
           
             Founded
             Generally
          
           upon
           
             Actual
             Rebellion
          
           ;
           and
           even
           as
           to
           those
           ,
           there
           was
           not
           one
           of
           a
           thousand
           Executed
           :
           Nor
           in
           all
           
           Argyle's
           Rebellion
           ,
           was
           any
           Executed
           by
           their
           Sentence
           ,
           except
           one
           or
           two
           ,
           who
           were
           pitched
           upon
           as
           Examples
           to
           terrifie
           others
           .
           Nor
           did
           there
           dye
           upon
           
             any
             Publick
             Account
             ,
             Twelve
          
           ,
           in
           all
           that
           Reign
           so
           Exclaim'd
           against
           ,
           
             as
             Bloody
          
           ;
           and
           not
           one
           Dyed
           for
           any
           Principle
           in
           Religion
           ,
           unless
           it
           be
           thought
           a
           Religious
           Principle
           to
           Dye
           for
           
             Actual
             Rebellion
          
           ;
           as
           to
           such
           ,
           there
           needs
           no
           particular
           Defence
           ,
           the
           very
           
             Light
             of
             Nature
          
           ,
           the
           common
           
             Interest
             of
             Societyes
          
           ,
           and
           the
           
             Laws
             of
             Nations
          
           ,
           declaring
           it
           a
           Crime
           to
           justifie
           them
           .
        
         
           It
           is
           pretended
           ,
           
             That
             tho'
             the
             Crimes
             had
             been
             Legally
             founded
             ,
             yet
             the
             Probation
             was
             suspect
             in
             those
             times
             ,
             because
             the
             Depositions
             of
             Witnesses
             were
             Previously
             taken
             ,
             whereby
             Witnesses
             being
             once
             Ensnared
             ,
             were
             forced
             to
             stand
             by
             their
             Depositions
             .
          
           To
           which
           it
           is
           answered
           ,
           that
           in
           all
           Nations
           abroad
           ,
           Depositions
           are
           Previously
           taken
           ,
           as
           is
           Uncontroverted
           by
           all
           their
           Criminal
           Writers
           ,
           and
           this
           is
           very
           necessary
           for
           the
           Good
           of
           the
           Subjects
           ,
           lest
           they
           should
           be
           Prosecuted
           groundlesly
           ,
           and
           
           this
           is
           as
           fit
           for
           the
           Good
           of
           the
           King
           ,
           or
           Kingdom
           ,
           lest
           such
           as
           are
           Guilty
           of
           Atrocious
           Crimes
           against
           the
           whole
           Society
           ,
           should
           escape
           without
           being
           Punished
           ,
           because
           Tryed
           when
           the
           formal
           and
           full
           Probation
           is
           not
           ready
           ;
           yet
           to
           prevent
           all
           mistakes
           ,
           the
           Advocate
           interceeded
           that
           this
           Trust
           of
           Examining
           Witnesses
           ,
           should
           not
           be
           left
           to
           the
           King's
           Advocate
           ,
           as
           it
           ever
           formerly
           had
           been
           ,
           but
           should
           be
           lodged
           in
           the
           Judges
           ,
           and
           that
           lest
           their
           Depositions
           should
           be
           any
           Tye
           upon
           them
           ,
           the
           Judges
           with
           Consent
           of
           the
           Advocate
           ,
           ordered
           that
           
             the
             Depositions
             should
             be
             torn
             before
             they
             Deposed
             in
             Iudgment
             ,
             and
             they
             were
             allow'd
             either
             to
             Correct
             or
             Pass
             from
             their
             former
             Depositions
             as
             they
             pleas'd
          
           ;
           And
           whereas
           formerly
           the
           King's
           Advocate
           had
           the
           Naming
           of
           the
           Jury
           ,
           it
           is
           now
           lodged
           by
           Act
           of
           Parliament
           in
           the
           Judges
           .
           Nor
           was
           there
           ever
           any
           Witnesses
           suspected
           ,
           except
           only
           in
           
           Chesnock's
           Case
           ,
           wherein
           the
           Depositions
           were
           true
           ;
           and
           albeit
           the
           Witnesses
           afterwards
           Asserted
           upon
           Oath
           on
           their
           Knees
           ,
           
             That
             their
             first
             Deposition
             was
             very
             true
             ,
          
           and
           
             that
             they
             were
             only
             Frighted
             and
             Confounded
             in
             the
             Second
          
           ;
           yet
           the
           Council
           would
           not
           resume
           the
           Process
           ,
           and
           thereupon
           he
           was
           Absolv'd
           :
           in
           the
           rest
           the
           Probation
           was
           but
           too
           clear
           ,
           for
           beside
           all
           the
           Legal
           Probation
           ,
           most
           of
           those
           who
           Died
           ,
           owned
           and
           Gloried
           in
           their
           Crimes
           when
           they
           Died
           ,
           Exhorting
           others
           to
           imitate
           them
           ,
           
             in
             their
             Disowning
             the
             King
             ,
             and
             Rebelling
             against
             him
          
           :
           and
           many
           of
           them
           Exhorted
           the
           People
           ,
           
             to
             Kill
             all
             such
             as
             oppos'd
             their
             Principles
             ,
          
           assuring
           them
           ,
           that
           to
           
             Kill
             Malignants
             was
             acceptable
             to
             God.
             
          
        
         
           Strangers
           would
           likewise
           be
           pleas'd
           to
           be
           inform'd
           ,
           That
           our
           Law
           allows
           the
           Party
           Accused
           ,
           a
           Liberty
           to
           call
           in
           Witnesses
           ,
           who
           may
           Depose
           upon
           Oath
           
             for
             Him
          
           against
           the
           King
           ,
           which
           the
           Law
           of
           England
           does
           not
           ,
           and
           this
           kind
           of
           Exculcapation
           was
           never
           allow'd
           till
           the
           Reign
           of
           King
           CHARLES
           II.
           The
           first
           Act
           which
           was
           the
           Warrant
           thereof
           ,
           having
           been
           made
           by
           Sir
           
             Iohn
             Cunningham
          
           ,
           and
           Sir
           
             George
             Mackenzie
          
           ,
           when
           they
           were
           
             Criminal
             Iudges
          
           :
           and
           this
           was
           never
           refus'd
           to
           the
           Persons
           Accused
           ,
           albeit
           they
           brought
           in
           frequently
           Witnesses
           ,
           who
           took
           very
           great
           Latitudes
           ,
           to
           save
           those
           of
           their
           own
           
           Principles
           by
           Swearing
           ;
           for
           instance
           ,
           
             that
             tho'
             they
             saw
             a
             Person
             very
             like
             the
          
           Pannel
           
             or
             Party
             Accus'd
             ,
             yet
             they
             could
             not
             Depose
             it
             was
             he
             ,
             because
             it
             might
             have
             been
             a
             Vision
             ,
          
           albeit
           at
           the
           same
           time
           ,
           they
           had
           known
           him
           formerly
           very
           well
           ,
           and
           that
           they
           Talkt
           with
           him
           that
           time
           in
           Arms
           ,
           at
           the
           distance
           of
           ten
           or
           twelve
           paces
           ,
           for
           half
           an
           hour
           together
           ;
           and
           at
           other
           times
           ,
           they
           did
           positively
           refuse
           to
           Depose
           
             that
             they
             saw
             him
             have
             a
             Sword
             ,
          
           tho'
           they
           owned
           that
           
             they
             saw
             the
          
           Hilt
           and
           Scabbard
           :
           Notwithstanding
           of
           which
           ,
           and
           many
           such
           ridiculous
           Evasions
           ,
           the
           Party
           Accus'd
           ,
           was
           alwaies
           Acquitted
           .
        
         
           To
           descend
           to
           particular
           Processes
           :
           It
           is
           clamoured
           ,
           that
           Mitchill
           
             the
             Famous
             Assassine
             ,
             was
             Executed
             after
             he
             Confessed
             the
             Crime
             upon
             Promise
             of
             Life
          
           ;
           To
           which
           it
           is
           answered
           ,
           that
           Mitchill
           having
           upon
           the
           High-Street
           of
           Edinburgh
           ,
           Shot
           at
           the
           Arch-Bishop
           of
           St.
           Andrews
           ,
           with
           a
           design
           to
           Murther
           him
           ,
           he
           Wounded
           the
           Bishop
           of
           Orkney
           with
           that
           Shot
           ,
           of
           which
           he
           never
           Recovered
           ,
           and
           being
           thereafter
           Apprehended
           ,
           Confessed
           the
           Crime
           ,
           but
           continuing
           still
           to
           Glory
           in
           it
           ,
           and
           very
           Famous
           Witnesses
           having
           Deposed
           ,
           that
           Mitchill
           was
           upon
           a
           new
           Plot
           to
           Kill
           the
           same
           Arch-Bishop
           ;
           Mitchill
           was
           brought
           to
           a
           Tryal
           ,
           and
           his
           
             Defences
             were
             ,
             that
             the
             Earl
             of
          
           Rothes
           ,
           
             to
             whom
             he
             Confest
             it
             ,
             had
             promised
             to
             secure
             his
             Life
             ,
             or
             that
             the
             Privy
             Council
             had
             afterwards
             promised
             the
             same
          
           ;
           for
           clearing
           whereof
           ,
           the
           said
           Earl
           ,
           and
           all
           who
           were
           upon
           the
           Committee
           ,
           together
           with
           all
           such
           Members
           of
           Council
           as
           he
           desired
           to
           be
           cited
           ,
           were
           fully
           examined
           ,
           upon
           all
           his
           interrogatories
           :
           and
           the
           Registers
           of
           Council
           were
           produced
           ,
           but
           not
           the
           least
           mark
           of
           a
           promise
           was
           made
           to
           appear
           by
           either
           ,
           so
           that
           nothing
           remain'd
           ,
           but
           that
           the
           Lord
           high
           Chancellour
           ,
           and
           Lords
           of
           the
           Privy
           Council
           (
           as
           they
           alledged
           )
           perjured
           themselves
           ,
           and
           that
           the
           Registers
           of
           Council
           were
           vitiated
           ;
           and
           how
           it
           's
           possible
           to
           imagine
           that
           all
           this
           Villany
           was
           committed
           to
           take
           so
           inconsiderable
           a
           Fellows
           life
           ;
           I
           leave
           the
           World
           to
           Judge
           ?
           However
           ,
           he
           also
           died
           glorying
           in
           his
           Crimes
           ,
           and
           recommending
           to
           others
           
             the
             sweetness
             of
             such
             Assassinations
          
           .
        
         
         
           
             George
             Lermonth
          
           is
           alledged
           to
           have
           been
           unjustly
           executed
           ,
           because
           he
           was
           condemned
           
             for
             being
             present
             at
             a
             Field-Conventicle
             ,
             with
             a
             Rod
             only
             in
             his
             hand
             :
          
           whereas
           the
           truth
           is
           ,
           that
           he
           was
           condemned
           for
           being
           
             Art
             and
             Part
          
           ,
           that
           is
           to
           say
           ,
           
             accessory
             to
             the
             Death
             of
             a
             Soldier
             ,
          
           who
           was
           killed
           upon
           that
           place
           ,
           and
           that
           he
           commanded
           those
           who
           killed
           him
           as
           an
           Officer
           ,
           of
           which
           a
           man
           may
           be
           guilty
           in
           Law
           ,
           without
           having
           a
           Sword
           ;
           and
           therefore
           the
           
             Iustices
             most
             legally
          
           repelled
           the
           defence
           founded
           on
           
             his
             not
             having
             a
             Sword.
          
           
        
         
           Hamilton
           of
           Monkland
           was
           not
           found
           guilty
           
             because
             he
             went
             into
             the
             Rebels
             to
             seek
             his
             Son
             ,
          
           as
           some
           falsly
           suggest
           :
           but
           because
           being
           there
           ,
           he
           sollicited
           a
           Committee
           of
           the
           Rebels
           to
           make
           his
           Servant
           an
           Officer
           ;
           and
           accordingly
           he
           being
           made
           one
           ,
           he
           came
           back
           within
           some
           few
           days
           ,
           and
           stayed
           several
           Months
           with
           Monkland
           ,
           a
           point
           of
           Law
           so
           clear
           that
           his
           own
           Advocates
           could
           make
           no
           reply
           to
           evade
           it
           .
        
         
           There
           were
           indeed
           two
           Women
           executed
           ,
           and
           
             but
             two
             in
          
           both
           these
           Reigns
           ,
           and
           they
           were
           punished
           for
           most
           hainous
           Crimes
           which
           no
           Sex
           should
           defend
           .
           Their
           Crimes
           were
           ,
           that
           they
           had
           recepted
           and
           entertained
           ,
           for
           many
           Months
           together
           ,
           
             the
             Murtherers
             of
             the
             Archbishop
             of
             St.
             Andrews
             ,
          
           who
           were
           likewise
           
             condemned
             Traitors
          
           for
           having
           been
           openly
           in
           Rebellion
           at
           Bothwell-Bridge
           ,
           whereupon
           they
           having
           been
           prosecuted
           ,
           declined
           the
           King's
           Authority
           ,
           
             as
             being
             an
             Enemy
             to
             God
             ,
             and
             the
             Devil's
             Vicegerent
             .
          
           And
           tho'
           a
           pardon
           was
           offered
           to
           them
           upon
           their
           Repentance
           ,
           they
           were
           so
           far
           from
           accepting
           it
           ,
           that
           they
           own'd
           the
           Crimes
           to
           be
           duties
           ;
           and
           our
           Accusers
           should
           remember
           that
           these
           Women
           were
           executed
           for
           higher
           Crimes
           ,
           than
           the
           following
           
           Montross's
           Camp
           ,
           for
           which
           
             fourscore
             Women
             and
             Children
          
           were
           drowned
           ,
           being
           all
           in
           one
           day
           thrown
           over
           the
           Bridge
           at
           Linlithgow
           by
           the
           Covenanters
           ,
           and
           six
           more
           at
           Elgine
           by
           the
           same
           Faction
           ,
           all
           without
           Sentence
           ,
           or
           the
           least
           formality
           of
           Law.
           
        
         
           Baillie
           of
           Iervisewood
           was
           executed
           for
           
             being
             accessory
             to
             ,
             and
             concealing
             of
             a
             design
             of
             raising
             twenty
             thousand
             Men
             ,
             and
             siezing
             the
             Garrisons
             of
          
           Berwick
           and
           Carlisle
           ,
           
             and
             the
             Officers
             of
             State.
          
           Nor
           
           would
           the
           Advocate
           raise
           an
           Indictment
           until
           Sir
           
             George
             Lockhart
          
           ,
           and
           one
           of
           the
           Learnedst
           of
           the
           present
           Judges
           ;
           did
           declare
           that
           the
           
             point
             of
             Law
          
           and
           Probation
           were
           both
           most
           clear
           ,
           and
           thereupon
           concurred
           in
           the
           
             process
             (
             concealing
             of
             Treason
             is
             beyond
             all
             debate
             punishable
             as
             Treason
             in
             our
             Law
             )
          
           and
           some
           of
           the
           Witnesses
           were
           his
           own
           Relations
           ,
           who
           swore
           plainly
           and
           positively
           against
           him
           .
        
         
           The
           E.
           of
           Argile's
           Process
           deserves
           to
           be
           more
           largely
           clear'd
           ▪
           and
           since
           this
           last
           Parliament
           has
           rescinded
           it
           ,
           we
           shall
           without
           any
           Justification
           represent
           the
           Matter
           of
           Fact
           ,
           which
           stands
           thus
           .
           The
           TEST
           being
           Enacted
           to
           be
           a
           Bulwark
           to
           the
           
             Protestant
             Religion
          
           ,
           as
           upon
           the
           Event
           it
           prov'd
           ,
           the
           E.
           was
           not
           oblig'd
           ,
           but
           would
           needs
           take
           it
           with
           this
           Caution
           ,
           
             I
             take
             it
             as
             far
             as
             it
             is
             consistent
             with
             it self
             ,
             or
             with
             the
             Protestant
             Religion
             ;
             and
             I
             declare
             ,
             that
             I
             mean
             not
             to
             bind
             up
             my self
             to
             wish
             or
             endeavour
             any
             Alteration
             I
             think
             to
             the
             advantage
             of
             the
             Church
             or
             State
          
           ;
           whereupon
           the
           Council
           observing
           ,
           that
           the
           Test
           by
           one
           part
           of
           this
           his
           Declaration
           appear'd
           Ridiculous
           ,
           and
           by
           the
           other
           it
           became
           ineffectual
           to
           all
           the
           Intents
           and
           Purposes
           for
           which
           it
           was
           design'd
           ;
           for
           so
           every
           Man's
           Opinion
           became
           the
           
             Rule
             of
             his
             own
             Loyalty
          
           ,
           and
           no
           Man
           thereby
           oblig'd
           to
           be
           further
           Loyal
           than
           he
           himself
           might
           think
           convenient
           .
           They
           therefore
           Interposed
           earnestly
           with
           the
           Earl
           to
           pass
           from
           this
           his
           Declaration
           ,
           but
           he
           refusing
           to
           disown
           it
           in
           the
           least
           ,
           and
           Copies
           of
           it
           being
           
             industriously
             spread
             abroad
          
           ,
           it
           was
           represented
           to
           him
           ,
           that
           by
           
             Acts
             of
             Parliament
          
           ,
           all
           such
           as
           put
           Limitations
           upon
           their
           Allegiance
           were
           guilty
           of
           Treason
           ,
           for
           beside
           ,
           that
           Men
           are
           not
           obliged
           to
           
             dispute
             the
             Reasonableness
             of
             Acts
             of
             Parliament
          
           after
           they
           were
           once
           made
           ;
           it
           is
           apparent
           that
           this
           Act
           was
           made
           upon
           most
           just
           and
           necessary
           Motives
           ,
           for
           the
           Foundation
           of
           the
           Rebellion
           in
           the
           last
           Age
           ,
           was
           ,
           
             That
             by
             the
             Covenant
             the
             Subjects
             were
             not
             further
             obliged
             to
             own
             the
             King's
             Interest
             ,
             than
             in
             so
             far
             as
             it
             agreed
             with
             the
             word
             of
             God
             ,
             and
             the
             Laws
             of
             the
             Land
             ,
             of
             which
             every
             private
             Breast
             made
             himself
             the
             Iudge
          
           ;
           and
           if
           this
           be
           allow'd
           ,
           
             no
             Oath
             of
             Allegiance
          
           can
           bind
           ,
           and
           so
           all
           Society
           must
           be
           dissolv'd
           .
           Notwithstanding
           all
           which
           ,
           
             the
             Earl
          
           still
           persisting
           ,
           and
           the
           Duke
           then
           High-Commissioner
           ,
           being
           
           assured
           by
           one
           of
           the
           best
           Lawyers
           in
           the
           Nation
           ,
           that
           the
           Paper
           imported
           Treason
           ,
           (
           tho'
           the
           Advocate
           scrupled
           to
           prosecute
           him
           from
           a
           Principle
           of
           Personal
           Kindness
           to
           the
           Earl
           )
           he
           was
           thereupon
           prosecuted
           ,
           and
           found
           Guilty
           after
           a
           full
           Debate
           ,
           wherein
           Eight
           or
           Nine
           of
           the
           best
           Lawyers
           of
           the
           Nation
           ,
           by
           a
           positive
           Command
           from
           the
           Council
           ,
           did
           assist
           the
           Earl
           It
           is
           here
           also
           very
           observable
           ,
           that
           no
           Malice
           could
           be
           design'd
           against
           the
           Earl
           ;
           because
           he
           was
           earnestly
           entreated
           to
           pass
           from
           the
           Paper
           containing
           his
           Declaration
           before
           the
           Process
           should
           commence
           ;
           and
           after
           all
           ,
           the
           Captain
           of
           the
           Castle
           was
           allow'd
           not
           to
           keep
           him
           strictly
           ,
           and
           as
           it
           is
           undeniable
           ,
           That
           the
           King
           allowed
           the
           
             Earl's
             Estate
             to
             his
             Creditors
          
           ,
           and
           that
           
             his
             Children
             got
             a
             far
             larger
             share
             of
             it
             ,
             than
             if
             he
             had
             dy'd
             in
             his
             Bed
          
           ;
           so
           it
           can
           be
           prov'd
           it
           was
           fully
           resolv'd
           ,
           
             that
             he
             should
             not
             die
          
           ,
           nor
           did
           he
           die
           till
           he
           had
           
             Invaded
             his
             Native
             Countrey
             by
             open
             War
             ,
          
           whereby
           the
           Parliament
           being
           convinc'd
           
             by
             this
             Open
             Act
          
           ,
           that
           he
           had
           very
           clearly
           design'd
           by
           the
           former
           Caution
           in
           his
           Explicatory
           Declaration
           of
           the
           Test
           ,
           to
           reserve
           to
           himself
           a
           Power
           
             to
             rise
             in
             Rebellion
             when
             he
             thought
             fit
          
           ;
           as
           was
           argued
           in
           the
           former
           Process
           ;
           they
           therefore
           ratified
           the
           Process
           of
           Forfaulture
           
             (
             nemine
             contradicente
             )
             and
             added
             their
             Authority
             to
             that
             of
             the
             Iustice
             Court
             ,
          
           and
           because
           't
           is
           wonder'd
           
             why
             he
             was
             not
             prosecuted
             upon
             this
             New
             Rebellion
          
           ;
           it
           is
           answer'd
           ,
           That
           by
           the
           Laws
           of
           all
           Nations
           ,
           and
           by
           the
           Laws
           especially
           of
           Scotland
           and
           
             England
             ,
             no
             Man
             can
             be
             try'd
             for
             the
             very
             same
             crime
             for
             which
             he
             stands
             convicted
             ,
             tho'
             he
             may
             for
             a
             crime
             which
             deserves
             a
             greater
             Punishment
             ,
             for
             the
             Law
             has
             exhausted
             its
             Revenge
             by
             the
             first
             Sentence
          
           ;
           but
           yet
           where
           a
           new
           Notorious
           Aggravation
           superveens
           ,
           which
           is
           so
           clear
           ,
           that
           it
           can
           admit
           of
           no
           Debate
           ,
           nor
           needs
           no
           Probation
           ;
           it
           were
           very
           unjust
           that
           the
           Law
           should
           not
           here
           be
           put
           in
           Execution
           ,
           tho'
           the
           first
           Sentence
           had
           been
           thought
           too
           severe
           to
           deserve
           it
           .
           We
           conclude
           then
           this
           Process
           with
           this
           Reflection
           ,
           
             That
             a
             Government
             can
             in
             no
             sense
             be
             call'd
             Severe
             ,
             where
             the
             person
             accus'd
             has
             Liberty
             (
             and
             is
             entreated
             )
             to
             retract
             his
             crime
             ,
             where
             his
             Children
             and
             Creditors
             get
             all
             his
             Estate
             ,
             and
             where
             he
             himself
             does
             not
             suffer
             ,
             until
             he
             made
             
             it
             manifest
             by
             his
             Invasion
             of
             his
             Native
             Countrey
             ,
             that
             the
             design
             of
             his
             explaining
             the
          
           Test
           
             in
             a
             Paper
             under
             his
             Hand
             ,
             was
             to
             reserve
             to
             himself
             a
             power
             to
             Rebell
             ,
             and
             till
             he
             had
             aggravated
             highly
             his
             former
             guilt
             .
          
           But
           why
           do
           they
           reproach
           us
           with
           this
           one
           
             Decision
             ,
             who
          
           do
           yet
           sustain
           those
           abominable
           ones
           ,
           that
           were
           executed
           without
           the
           least
           shadow
           of
           Justice
           against
           the
           Marquess
           of
           Huntley
           and
           Montrose
           ,
           President
           
             Spotswood
             ,
             Haddo
          
           ,
           and
           Seven
           hundred
           Gentlemen
           more
           ,
           who
           died
           by
           their
           Justice
           Court
           ,
           when
           their
           Covenant
           over-rul'd
           
             Law
             and
             Equity
          
           :
           and
           against
           
             Four
             hundred
             and
             Fifty
          
           Gentlemen
           and
           Commons
           who
           died
           by
           the
           Justice-Court
           of
           Argyle
           ,
           beside
           the
           
             many
             thousands
          
           who
           died
           in
           the
           
             Civil
             War
          
           ,
           (
           of
           which
           they
           must
           be
           guilty
           ,
           who
           raised
           it
           ,
           and
           who
           
             never
             yet
          
           made
           the
           least
           profession
           of
           Repentance
           for
           it
           .
        
         
           The
           Parliament
           ,
           1685
           ,
           being
           inform'd
           of
           Monmouth
           and
           
           Argyle's
           Invasion
           ,
           and
           being
           convinc'd
           that
           Argyle
           had
           reserv'd
           
             that
             power
          
           in
           his
           Explicatory
           Paper
           of
           the
           Test
           ,
           meerly
           that
           he
           might
           Invade
           his
           Countrey
           and
           its
           Laws
           ;
           and
           reflecting
           on
           the
           Treasonable
           Principle
           of
           the
           Covenant
           of
           defending
           the
           King
           ,
           
             only
             in
             defence
             of
             Religion
          
           ,
           and
           the
           late
           limitations
           of
           owning
           no
           King
           ,
           except
           he
           had
           taken
           their
           Covenant
           ;
           They
           therefore
           (
           not
           by
           a
           
             Recognising
             Act
          
           ,
           but
           in
           the
           Narrative
           only
           of
           the
           Act
           relating
           to
           the
           Excise
           )
           offer'd
           their
           
             Lives
             and
             Fortunes
             ,
             without
             reserve
          
           ;
           which
           Clause
           was
           inserted
           by
           the
           Parliament
           ,
           not
           to
           introduce
           a
           blind
           Slavery
           ,
           as
           some
           maliciously
           pretend
           ,
           but
           meerly
           to
           exclude
           these
           
             Rebellious
             Limitations
             of
             Obedience
          
           invented
           by
           the
           Covenanters
           ,
           which
           were
           inconsistent
           with
           former
           standing
           Laws
           ,
           and
           by
           which
           the
           People
           had
           been
           highly
           debauch'd
           in
           the
           late
           Civil
           War
           ;
           for
           in
           that
           very
           Parliament
           they
           enlarged
           
             the
             Peoples
             Liberties
          
           ,
           and
           ratified
           all
           Laws
           in
           favours
           of
           the
           
             Protestant
             Religion
          
           ;
           and
           the
           very
           same
           persons
           in
           the
           next
           Parliament
           refus'd
           to
           take
           away
           
             the
             Penal
             Statutes
          
           ,
           whereas
           ,
           if
           
             an
             absolute
             Slavery
          
           had
           been
           design'd
           ,
           all
           the
           former
           Acts
           establishing
           our
           Liberty
           and
           Property
           ,
           and
           all
           the
           Concessions
           granted
           to
           us
           by
           our
           Kings
           for
           securing
           our
           Lives
           and
           Fortunes
           ,
           should
           have
           been
           expresly
           ▪
           Enumerated
           and
           Abrogated
           ;
           
           and
           so
           the
           words
           in
           the
           Narrative
           of
           that
           Act
           could
           be
           no
           warrant
           for
           the
           Proclamation
           ,
           
             disabling
             the
             Laws
             against
             Toleration
          
           as
           some
           would
           have
           us
           believe
           :
           and
           they
           who
           
             now
             complain
          
           ,
           were
           the
           only
           persons
           who
           then
           took
           the
           benefit
           of
           
             that
             stretch
          
           of
           the
           Prerogative
           .
        
         
           We
           could
           wish
           that
           our
           Accusers
           would
           be
           careful
           ,
           that
           in
           being
           too
           rigid
           Censurers
           of
           us
           ,
           they
           do
           not
           
             expose
             all
             Governments
          
           ,
           and
           even
           the
           present
           to
           reproach
           ;
           for
           it
           would
           seem
           to
           some
           who
           are
           now
           by-standers
           ,
           as
           they
           then
           were
           ,
           that
           though
           they
           cry'd
           out
           against
           us
           
             for
             torturing
          
           ,
           when
           it
           was
           warranted
           by
           our
           uncontroverted
           Law
           ;
           yet
           the
           expediency
           of
           Government
           ,
           or
           some
           other
           reason
           makes
           them
           do
           it
           ,
           after
           they
           had
           
             declar'd
             it
             a
             Grievance
          
           ,
           and
           had
           rail'd
           against
           it
           as
           
             inconsistent
             with
             all
             humanity
          
           .
           Nor
           do
           I
           see
           that
           the
           reserving
           it
           only
           to
           King
           and
           Parliament
           answers
           this
           Objection
           ;
           for
           the
           Parliament
           by
           their
           Authority
           
             cannot
             make
             that
             fit
          
           ,
           which
           is
           inconsistent
           
             with
             Humane
             Nature
          
           ,
           or
           that
           convenient
           which
           was
           declar'd
           to
           
             be
             incapable
             to
             produce
             the
             true
             effect
             for
             which
             it
             was
             design'd
             :
          
           and
           the
           making
           Torture
           
             then
             only
             a
             Grievance
             ,
             when
             inflicted
             without
             a
             Cause
          
           (
           as
           is
           pretended
           )
           seems
           to
           satisfie
           as
           little
           ,
           since
           every
           Man
           can
           easily
           pretend
           that
           what
           he
           does
           is
           done
           upon
           just
           Motives
           .
           
             The
             Imprisoning
             many
             ,
             and
             keeping
             them
             long
             ,
          
           can
           hardly
           be
           objected
           to
           us
           ,
           since
           the
           present
           Government
           find
           themselves
           
             obliged
             to
             do
             both
          
           ;
           and
           the
           last
           Parliament
           ,
           in
           their
           great
           Wisdom
           ,
           thought
           it
           fit
           to
           reject
           a
           Bill
           for
           
             Habeas
             Corpus
          
           ,
           when
           it
           was
           press'd
           
             as
             suitable
             to
             one
             of
             the
             Grievances
             :
          
           Nor
           can
           we
           yet
           discover
           why
           the
           
             forfeitures
             of
             those
          
           should
           be
           rescinded
           by
           the
           current
           Parliament
           ,
           who
           were
           Sentenc'd
           for
           having
           taken
           up
           Arms
           at
           Pentland-Hills
           ,
           and
           Bothwell-Bridge
           ;
           or
           those
           who
           were
           forfeited
           for
           
             the
             Proclamations
          
           at
           Sanquhar
           ,
           and
           elsewhere
           ,
           wherein
           King
           Charles
           was
           declared
           to
           have
           lost
           his
           Right
           to
           the
           Crown
           ,
           
             for
             having
             broke
             the
             Covenant
          
           (
           that
           Tripartit
           and
           Fundamental
           Contract
           betwixt
           God
           ,
           the
           King
           ,
           and
           his
           People
           )
           and
           wherein
           it
           is
           declared
           a
           
             Duty
             to
             kill
             him
          
           ,
           and
           all
           who
           serv'd
           him
           ,
           and
           to
           throw
           off
           the
           Race
           of
           the
           Stewarts
           ,
           as
           constant
           Enemies
           to
           God
           :
           *
           As
           also
           how
           
           the
           Forfeiture
           of
           the
           Duke
           of
           Monmouth
           ,
           and
           all
           who
           adher'd
           to
           him
           ,
           and
           that
           of
           the
           Earl
           of
           Argyle
           were
           repealed
           in
           Cumulo
           ;
           for
           if
           it
           be
           lawful
           for
           Subjects
           to
           rise
           in
           Arms
           upon
           the
           single
           pretence
           of
           Conscience
           ,
           no
           King
           ,
           nor
           no
           Government
           can
           be
           secure
           :
           If
           a
           considerable
           part
           of
           the
           Nation
           should
           now
           rise
           for
           
             Liberty
             ,
             Property
          
           and
           Episcopacy
           ,
           upon
           the
           same
           pretext
           ,
           would
           the
           Parliament
           find
           this
           defence
           good
           ;
           some
           are
           also
           found
           who
           reproach
           the
           present
           Government
           for
           suffering
           Ministers
           to
           be
           thrown
           out
           by
           the
           Rabble
           without
           any
           previous
           Tryal
           or
           reparation
           afterwards
           ,
           and
           many
           other
           things
           which
           afford
           but
           too
           great
           ground
           for
           Satyr
           and
           Complaint
           ,
           if
           I
           were
           inclined
           to
           either
           .
        
         
           The
           Necessity
           of
           State
           is
           that
           Supereminent
           Law
           to
           which
           upon
           occasion
           all
           particular
           Acts
           must
           bow
           ;
           what
           else
           can
           be
           alledged
           to
           justifie
           the
           
             throwing
             out
          
           the
           first
           estate
           of
           Parliament
           ,
           the
           
             passing
             by
          
           the
           Magistrates
           then
           in
           possession
           in
           making
           of
           their
           Elections
           ;
           and
           allowing
           some
           who
           had
           been
           sentenced
           for
           Treason
           to
           sit
           and
           Vote
           in
           Parliament
           ,
           without
           ever
           examining
           the
           grounds
           upon
           which
           they
           had
           been
           Condemned
           :
           These
           who
           think
           that
           the
           
             necessity
             of
             State
          
           can
           justifie
           such
           Proceedings
           ,
           (
           which
           must
           be
           their
           only
           Plea
           ,
           )
           ought
           to
           be
           very
           careful
           how
           they
           blame
           their
           Predecessors
           for
           Severities
           ,
           which
           some
           Mens
           ungovernable
           humours
           necessitated
           them
           to
           .
        
         
           We
           must
           also
           be
           allowed
           to
           admire
           how
           those
           who
           so
           eminently
           comply'd
           with
           the
           
             Dispencing
             Power
          
           in
           taking
           an
           Indulgence
           from
           the
           Papists
           ,
           and
           who
           magnified
           King
           Iames
           upon
           that
           account
           as
           the
           best
           of
           Kings
           that
           ever
           Reign'd
           ,
           should
           so
           snarle
           at
           us
           ,
           who
           in
           a
           Parliament
           (
           at
           which
           not
           one
           of
           them
           assisted
           )
           refused
           to
           take
           away
           the
           
             Penal
             Laws
          
           made
           against
           Popery
           ,
           whilst
           many
           of
           us
           resign'd
           our
           Places
           willingly
           in
           defence
           of
           those
           Laws
           ?
           Or
           how
           those
           who
           did
           sit
           in
           Parliament
           and
           Judicatures
           with
           us
           ,
           consenting
           to
           and
           approving
           what
           was
           done
           in
           those
           Reigns
           ,
           should
           now
           Countenance
           such
           Reproaches
           against
           us
           ;
           it
           being
           most
           undeniable
           that
           there
           's
           but
           very
           few
           who
           deserved
           any
           Employment
           ,
           or
           had
           any
           sence
           ,
           who
           did
           not
           concur
           in
           most
           of
           those
           things
           for
           which
           we
           are
           now
           so
           severely
           censured
           ,
           and
           there
           are
           very
           few
           of
           any
           Note
           
           or
           Consideration
           either
           in
           the
           last
           Convention
           ,
           or
           present
           Parliament
           ,
           who
           have
           not
           been
           accessory
           to
           many
           of
           the
           things
           now
           complain'd
           of
           .
        
         
           We
           do
           therefore
           in
           the
           last
           place
           recommend
           to
           all
           disinteressed
           Men
           ,
           to
           consider
           that
           the
           Men
           of
           the
           greatest
           Quality
           ,
           Learning
           ,
           Experience
           ,
           Parts
           ,
           and
           Estates
           being
           then
           in
           the
           Government
           ,
           and
           upon
           Oath
           ,
           it
           is
           to
           be
           presumed
           that
           love
           to
           the
           Salvation
           of
           their
           Souls
           ,
           respect
           to
           their
           Honour
           ,
           and
           care
           of
           their
           Families
           and
           Posterity
           would
           have
           obliged
           them
           to
           shun
           and
           avoid
           all
           those
           Severities
           with
           which
           they
           are
           now
           most
           unjustly
           charged
           ,
           and
           in
           common
           Charity
           to
           believe
           ,
           that
           what
           was
           then
           done
           by
           those
           in
           Power
           ,
           was
           design'd
           only
           for
           the
           Security
           of
           the
           Protestant
           Religion
           ,
           against
           those
           Factions
           and
           Schisms
           ,
           and
           to
           preserve
           the
           Country
           from
           those
           Civil
           Wars
           and
           Distractions
           which
           had
           destroyed
           both
           in
           the
           last
           Age
           ;
           and
           threatned
           to
           do
           the
           like
           in
           this
           ;
           notwithstanding
           all
           the
           Pains
           and
           Care
           that
           was
           taken
           to
           reduce
           the
           Authors
           of
           those
           Mischiefs
           to
           live
           peaceably
           and
           quietly
           .
           We
           foreseeing
           very
           clearly
           ,
           that
           one
           Months
           Civil
           War
           would
           occasion
           more
           ruine
           and
           destruction
           to
           the
           Country
           ,
           than
           possibly
           the
           Severities
           of
           a
           whole
           Reign
           could
           do
           .
        
         
           The
           only
           Design
           of
           this
           Paper
           being
           to
           defend
           our selves
           ,
           without
           offending
           others
           ,
           and
           rather
           to
           cement
           than
           widen
           Differences
           ,
           we
           wish
           that
           all
           sides
           may
           busie
           themselves
           so
           much
           in
           setling
           their
           Native
           Country
           ,
           that
           they
           may
           forget
           injuries
           ,
           which
           the
           most
           impartial
           cannot
           think
           so
           great
           in
           the
           Reign
           of
           King
           Ch.
           the
           Second
           ,
           as
           those
           that
           were
           committed
           by
           the
           Complaining
           Party
           in
           the
           Reign
           of
           K.
           Ch.
           the
           First
           ,
           and
           we
           should
           be
           sorry
           they
           had
           been
           ballanced
           .
           But
           sure
           they
           will
           be
           most
           unpardonable
           ,
           who
           begin
           again
           upon
           a
           new
           score
           ;
           for
           after
           that
           nothing
           can
           be
           expected
           ,
           but
           that
           all
           Parties
           will
           run
           in
           an
           endless
           Circle
           of
           Severities
           .
           
             Which
             God
             of
             his
             infinite
             Mercy
             avert
             .
          
        
      
       
         
         
           A
           TRUE
           ACCOUNT
           OF
           THE
           Forms
           us'd
           in
           pursuits
           of
           Treason
           ,
           ACCORDING
           TO
           The
           Law
           of
           Scotland
           :
           By
           which
           the
           JUSTICE
           of
           that
           Nation
           may
           be
           known
           to
           mis-informed
           Strangers
           .
        
         
           Written
           
             Anno
             1690.
          
           
        
         
           IT
           is
           much
           to
           be
           admired
           ,
           That
           such
           as
           never
           read
           our
           Law
           ,
           revis'd
           our
           Records
           ,
           nor
           were
           ever
           employ'd
           as
           Iudges
           or
           Advocats
           in
           our
           
             Criminal
             Courts
          
           ,
           should
           adventure
           to
           condemn
           the
           Proceedings
           of
           those
           ,
           who
           for
           many
           years
           have
           made
           that
           part
           of
           our
           Law
           their
           constant
           Study
           ,
           who
           were
           upon
           Oath
           ,
           and
           knew
           that
           their
           Posterity
           should
           be
           judged
           by
           their
           Decisions
           .
           But
           to
           inform
           all
           men
           more
           particularly
           ,
           and
           to
           set
           things
           in
           their
           true
           light
           ;
           I
           shall
           represent
           the
           
             Legal
             way
             of
             Procedure
             in
             Cases
             of
             Treason
             ,
          
           which
           is
           the
           only
           Crime
           to
           which
           this
           Jealousie
           may
           reach
           ;
           and
           then
           prove
           
             that
             the
             King's
             Advocat
             cannot
             prejudge
             the
             party
             accus'd
             in
             any
             step
             of
             the
             process
             .
          
        
         
         
           
             Treason
             may
             be
             pursued
          
           either
           at
           the
           instance
           of
           a
           private
           Informer
           ,
           or
           at
           the
           instance
           of
           the
           
             King's
             Advocat
          
           ,
           who
           is
           
             ratione
             Officii
             ,
             Calumniator
             Publicus
          
           :
           If
           a
           private
           person
           inform
           ,
           then
           
             his
             Name
             must
             be
             exprest
          
           ,
           to
           the
           end
           he
           ,
           nor
           none
           of
           his
           Relations
           may
           be
           us'd
           
             as
             Witnesses
          
           ,
           he
           must
           find
           Surety
           that
           he
           shall
           prove
           ,
           and
           that
           he
           shall
           insist
           ,
           as
           being
           liable
           in
           *
           
             Poenam
             Talionis
          
           ,
           if
           he
           fail
           in
           proving
           the
           Crime
           .
           When
           the
           pursuit
           was
           to
           be
           carried
           on
           for
           the
           publick
           Interest
           ,
           the
           
             King's
             Advocat
          
           examined
           the
           Witnesses
           alone
           ;
           but
           Sir
           
             George
             Mackenzie
          
           thinking
           the
           Advocat
           might
           have
           been
           jealous'd
           ,
           
             as
             too
             interested
          
           ,
           prevail'd
           to
           get
           this
           Examination
           referr'd
           to
           
             the
             Iudges
          
           ,
           who
           in
           all
           Nations
           enquire
           into
           the
           
             Grounds
             whereupon
             pursuits
             are
             to
             be
             rais'd
             ,
          
           and
           after
           the
           Depositions
           were
           taken
           ,
           and
           
             sign'd
             by
             the
             Iudges
             and
             Witnesses
             ,
          
           the
           Advocat
           presents
           them
           to
           the
           
             Privy
             Council
          
           ;
           and
           if
           ,
           after
           reading
           them
           ,
           and
           a
           full
           debate
           upon
           them
           (
           many
           of
           the
           Learned
           Lawyers
           of
           the
           Nation
           being
           Privy
           Counsellors
           )
           it
           be
           found
           by
           Vote
           of
           Council
           ,
           
             that
             there
             is
             sufficient
             ground
             from
             the
             Evidence
             to
             raise
             Process
             of
             Treason
             ,
          
           then
           there
           is
           an
           Act
           of
           Council
           drawn
           ,
           
             ordering
             the
             King's
             Advocat
             to
             insist
          
           ;
           but
           in
           this
           Tryal
           ,
           the
           Advocat
           ,
           tho
           a
           Counsellor
           ,
           never
           votes
           .
           The
           Reason
           why
           this
           previous
           Examination
           is
           allow'd
           ,
           is
           to
           secure
           the
           Subjects
           against
           their
           being
           
             rashly
             and
             unwarrantably
             pursued
          
           or
           prosecuted
           without
           sufficient
           Grounds
           :
           But
           left
           
             a
             Witness
             might
             have
             lookt
             upon
             himself
             as
             pre-engaged
             by
             this
             previous
             Deposition
          
           ;
           therefore
           these
           first
           Depositions
           were
           always
           torn
           ,
           and
           the
           Witnesses
           declared
           free
           
             from
             whatever
             they
             had
             formerly
             depos'd
             .
          
        
         
           To
           strengthen
           the
           Security
           of
           the
           Defendant
           or
           party
           accused
           ,
           Sir
           
             George
             Mackenzie
          
           us'd
           to
           interpose
           
             with
             the
             Officers
             of
             State
          
           ,
           before
           the
           Depositions
           were
           brought
           into
           the
           Council
           ,
           and
           to
           represent
           to
           them
           his
           
             own
             scruples
          
           :
           And
           if
           the
           Officers
           of
           State
           continued
           still
           of
           Opinion
           
             that
             a
             Process
             was
             to
             be
             rais'd
             ,
          
           or
           the
           Party
           accused
           to
           be
           proceeded
           against
           ,
           then
           he
           desired
           the
           ablest
           Advocats
           of
           the
           Nation
           to
           be
           called
           ,
           before
           whom
           the
           Depositions
           were
           read
           ,
           and
           if
           they
           concurr'd
           with
           the
           
             Officers
             of
             State
             in
             their
             Iudgment
             of
             the
             matters
             being
             criminal
             ,
          
           then
           these
           Advocats
           
           were
           Ordain'd
           also
           to
           concur
           
             with
             him
             in
             the
             pursuit
          
           .
           And
           many
           of
           the
           most
           learn'd
           and
           most
           popular
           Advocats
           
             did
             concur
             with
             him
             in
             the
             most
             intricate
             cases
          
           ;
           as
           in
           
           Argyle's
           ,
           Iervis
           Wood's
           ,
           &c.
           which
           is
           not
           to
           be
           imagin'd
           they
           would
           have
           done
           ,
           had
           they
           thought
           their
           Pleading
           in
           these
           cases
           any
           guilt
           or
           fault
           .
        
         
           Tho
           by
           the
           
             Laws
             of
          
           England
           
             and
             other
             Nations
          
           ,
           the
           Defendant
           is
           allowed
           no
           Advocats
           to
           plead
           for
           him
           in
           
             Criminal
             Cases
          
           ,
           but
           especially
           not
           in
           Treason
           ,
           except
           where
           
             the
             Iudges
          
           can
           see
           
             debateable
             points
             of
             Law
          
           ,
           yet
           lest
           the
           Defendant
           may
           by
           ignorance
           or
           confusion
           omit
           to
           represent
           those
           matters
           of
           Fact
           ,
           from
           which
           new
           points
           of
           Law
           may
           arise
           ,
           therefore
           
             Our
             Law
             allows
             always
             Advocats
             to
             the
             Defendant
             ,
          
           and
           forces
           any
           whom
           he
           does
           name
           to
           accept
           the
           Employ
           .
           Act
           91.
           
           Parl.
           II.
           I.
           6.
           
        
         
           Tho
           by
           the
           Laws
           of
           some
           Nations
           no
           Witnesses
           are
           allow'd
           to
           be
           produc'd
           for
           the
           Defendant
           ,
           but
           such
           as
           do
           appear
           voluntarily
           ,
           yet
           when
           Sir
           
             George
             Mackenzie
          
           was
           a
           
             Iudge
             in
             the
             Criminal
             Court
          
           ,
           which
           answers
           to
           the
           King's-Bench
           in
           England
           ,
           he
           ordered
           for
           the
           good
           of
           the
           People
           
             the
             Remedy
             of
             Exculpation
          
           ,
           whereby
           the
           Defendant
           representing
           
             that
             he
             has
             some
             Defences
          
           ,
           a
           Warrant
           is
           giv'n
           to
           force
           the
           Witnesses
           whom
           he
           names
           
             to
             appear
          
           ,
           under
           severe
           Penalties
           ;
           and
           such
           time
           is
           granted
           to
           him
           and
           them
           ,
           as
           may
           be
           sufficient
           for
           their
           appearance
           ,
           and
           
             these
             Witnesses
          
           when
           compearing
           are
           
             examined
             upon
             Oath
          
           ,
           and
           the
           Iury
           is
           obliged
           to
           believe
           any
           two
           of
           them
           (
           tho
           
             no
             Witnesses
          
           are
           allowed
           to
           Swear
           against
           the
           King
           in
           England
           )
           This
           Order
           was
           thereafter
           turn'd
           
             into
             an
             Act
             of
             Parliament
             .
             Act
          
           16.3
           
             Sess.
             Parl.
          
           2.
           
           Ch.
           2.
           
           Article
           II.
           And
           also
           to
           take
           off
           all
           possibility
           of
           
             Packing
             Iuries
             in
             Edinburgh
          
           ,
           where
           generally
           the
           Juries
           are
           chosen
           ,
           't
           was
           ordered
           by
           the
           Iudges
           ,
           at
           Sir
           George
           his
           earnest
           Request
           ,
           
             That
             the
             Town
             of
          
           Edinburgh
           
             should
             give
             up
             a
             List
             of
             all
             their
             Housekeepers
             who
             were
             able
             to
             pass
             upon
             Iuries
             ,
             and
             that
             all
             these
             should
             be
             named
          
           per
           vices
           ,
           
             according
             to
             the
             situation
             of
             the
             place
             where
             they
             liv'd
             .
          
        
         
           Because
           the
           Defendant
           did
           not
           know
           what
           Witnesses
           were
           to
           be
           produced
           against
           him
           by
           the
           
             King's
             Advocate
          
           ,
           and
           so
           could
           not
           have
           Witnesses
           ready
           to
           prove
           his
           Objections
           against
           them
           ,
           
           therefore
           Sir
           George
           prevailed
           with
           the
           Parliament
           
           that
           the
           
             King's
             Advocate
          
           should
           be
           for
           ever
           after
           obliged
           
             to
             give
             with
             the
             Indictment
             a
             List
             of
             what
             Witnesses
             or
             Members
             of
             inquest
             were
             to
             be
             used
             by
             them
          
           ;
           and
           an
           order
           is
           given
           
             for
             citing
          
           any
           Witnesses
           the
           Defendant
           pleases
           ,
           with
           a
           competent
           time
           for
           bringing
           them
           .
           
             Fifteen
             days
          
           being
           still
           the
           least
           time
           allowed
           by
           our
           Law
           ,
           for
           
             preparing
             the
             Defendant
          
           in
           all
           such
           cases
           .
        
         
           When
           the
           day
           of
           Tryal
           or
           Appearance
           comes
           ,
           the
           Witnesses
           who
           were
           present
           
             at
             the
             giving
             the
             citation
          
           are
           obliged
           to
           depose
           upon
           Oath
           ,
           
             that
             they
             truly
             saw
             the
             citation
             given
          
           :
           thereafter
           the
           
             King's
             Advocate
          
           produces
           his
           Warrant
           :
           Nor
           did
           ever
           Sir
           
             George
             Mackenzie
          
           prosecute
           any
           man
           until
           he
           was
           
             commanded
             by
             the
             Council
          
           ,
           and
           till
           he
           produced
           his
           Warrant
           ,
           (
           as
           still
           appears
           from
           
             the
             Records
             of
             the
             Council
             and
             Criminal
             Court
             ,
          
           to
           both
           which
           he
           solemnly
           appeals
           ;
           )
           and
           then
           the
           Indictment
           is
           read
           ,
           after
           which
           the
           Advocates
           for
           the
           Defendant
           ,
           dictate
           to
           the
           Clerk
           his
           defences
           ;
           to
           which
           the
           King's
           Advocate
           dictates
           his
           replies
           ,
           the
           Defendants
           Advocates
           again
           
             their
             duplies
          
           ,
           &c.
           and
           that
           to
           the
           end
           the
           
             Iudges
             may
             the
             better
             consider
             what
             is
             said
             ,
          
           and
           may
           stand
           in
           awe
           of
           posterity
           .
           After
           
             the
             debate
          
           is
           closed
           ,
           the
           King's
           Advocate
           and
           all
           others
           retire
           ,
           and
           the
           Iudges
           having
           read
           fully
           
             the
             Debate
          
           ,
           they
           argue
           the
           case
           amongst
           themselves
           ,
           and
           thereupon
           they
           by
           their
           
             Interlocutory
             Sentence
             find
             such
             and
             such
             points
             to
             be
             relevant
             ,
          
           that
           is
           to
           say
           ,
           
             well
             founded
             in
             Law
          
           ,
           and
           they
           sign
           this
           
             Interlocutory
             Sentence
          
           or
           Iudgment
           ,
           which
           is
           imposed
           as
           a
           further
           tye
           upon
           the
           Iudges
           ,
           for
           the
           security
           of
           the
           People
           ;
           nor
           are
           Witnesses
           allowed
           to
           be
           examined
           upon
           any
           thing
           ,
           but
           what
           they
           have
           found
           thus
           to
           be
           Legal
           .
        
         
           The
           Advocates
           for
           the
           King
           and
           Defendant
           being
           both
           called
           in
           before
           the
           Court
           ,
           
             the
             Defendant
             hears
             the
             Sentence
             read
             ,
          
           and
           then
           the
           
             forty
             five
             Iurors
          
           are
           called
           ,
           and
           the
           Defendant's
           
             Objections
             against
             them
          
           are
           discussed
           ;
           and
           tho'
           of
           old
           the
           
             King's
             Advocate
             had
             the
             naming
             of
             the
             Iury
             ,
          
           as
           being
           presumed
           disinteressed
           ,
           yet
           Sir
           
             George
             Mackenzie
          
           prevailed
           
             to
             get
             an
             Act
             of
             Parliament
             ,
          
           
           whereby
           
             the
             Nomination
             of
             the
             Iury
             was
             referred
             to
             the
             Iudges
             ,
             fifteen
          
           of
           these
           
             forty
             five
          
           only
           are
           admitted
           
           as
           a
           sufficient
           Iury
           ,
           and
           the
           Defendant
           is
           allowed
           to
           challenge
           or
           reject
           ,
           without
           giving
           any
           ground
           or
           reason
           for
           it
           ,
           
             any
             thirty
             that
             he
             pleases
          
           of
           that
           number
           ,
           and
           the
           fifteen
           who
           remain
           make
           up
           the
           Jury
           ,
           and
           are
           set
           by
           the
           Judges
           .
        
         
           The
           Iury
           being
           thus
           constituted
           ,
           in
           the
           
             next
             place
          
           all
           the
           Witnesses
           are
           called
           
             in
             before
             the
             Court
             one
             by
             one
             ,
          
           and
           not
           allowed
           to
           hear
           what
           one
           another
           say
           ;
           and
           after
           
             the
             Objections
          
           against
           such
           Witnesses
           are
           fully
           debated
           
             in
             Writ
             and
             upon
             Record
          
           ,
           the
           Witnesses
           are
           either
           admitted
           or
           rejected
           ,
           as
           the
           Judges
           find
           ground
           in
           Law
           and
           Equity
           :
           If
           admitted
           ,
           the
           
             President
             of
             the
             Court
          
           examines
           only
           upon
           what
           is
           found
           legal
           or
           relevant
           in
           the
           Indictment
           .
           And
           in
           the
           next
           place
           he
           is
           examined
           upon
           any
           Interrogatory
           that
           is
           moved
           either
           by
           the
           
             Defendant
             ,
             or
             any
             of
             the
             Iury
             for
             him
             ,
          
           and
           then
           the
           
             whole
             Deposition
          
           is
           dictated
           by
           the
           President
           of
           the
           Court
           ,
           and
           is
           fully
           read
           in
           the
           hearing
           of
           the
           Witness
           ,
           and
           of
           the
           Defendant
           and
           his
           Advocats
           ;
           and
           if
           they
           desire
           any
           thing
           to
           be
           corrected
           ,
           it
           is
           accordingly
           done
           ,
           if
           the
           Witness
           agree
           with
           them
           in
           the
           correction
           ;
           and
           in
           the
           last
           place
           ,
           the
           Deposition
           is
           
             signed
             by
             the
             President
             and
             the
             Witness
          
           that
           gave
           it
           .
        
         
           All
           the
           Depositions
           being
           thus
           taken
           ,
           the
           
             Advocats
             for
             the
             King
          
           ,
           and
           Defendant
           speak
           to
           the
           Iury
           in
           a
           full
           Harangue
           ;
           but
           because
           the
           
             Publick
             Interest
          
           was
           still
           to
           be
           preferr'd
           to
           private
           mens
           ,
           therefore
           our
           Law
           allowed
           the
           
             King's
             Advocat
             to
             be
             the
             last
             Speaker
          
           in
           all
           Criminal
           Cases
           ,
           till
           Sir
           George
           prevail'd
           with
           the
           Parliament
           to
           give
           the
           last
           word
           to
           the
           Defendant
           in
           all
           Cases
           except
           that
           of
           Treason
           ,
           
           because
           ordinarily
           the
           greatest
           impression
           was
           supposed
           to
           be
           made
           by
           the
           last
           pleading
           .
        
         
           The
           Debate
           and
           Examinations
           thus
           ended
           ,
           
             the
             Iury
             are
             enclosed
             ,
             and
             get
             in
             with
             them
             the
             whole
             Debate
             ,
             interlocutory
             Sentence
             and
             Depositions
             in
             writing
             ,
             signed
             by
             the
             Iudges
             ,
             Clerk
             ,
             and
             Witnesses
             .
          
           This
           instructs
           them
           fully
           how
           to
           proceed
           ;
           and
           after
           they
           have
           chosen
           a
           Chancellour
           (
           or
           Foreman
           )
           and
           a
           Clerk
           ,
           they
           read
           all
           the
           Process
           ,
           and
           debate
           fully
           upon
           it
           ;
           and
           to
           the
           end
           every
           Iuror
           may
           stand
           in
           awe
           of
           Posterity
           ,
           it
           is
           
             marked
             by
             the
             Clerk
             in
             the
             Verdict
             ,
             who
             absolved
             ,
             and
             who
             condemned
          
           ;
           and
           as
           no
           Witness
           can
           
           be
           examined
           but
           in
           presence
           of
           the
           
             Party
             indicted
          
           ,
           so
           if
           any
           man
           speak
           to
           
             any
             of
             the
             Iury
          
           after
           they
           are
           enclosed
           ,
           
           the
           Defendant
           is
           for
           ever
           Free.
           And
           tho
           of
           old
           the
           Clerk
           of
           the
           Court
           was
           used
           to
           be
           enclosed
           with
           the
           Jury
           for
           their
           direction
           ;
           yet
           Sir
           
             George
             Mackenzie
          
           procured
           ,
           that
           ,
           because
           the
           Clerk
           had
           some
           dependance
           upon
           the
           Crown
           ,
           
             he
             might
             be
             excluded
             from
             going
             in
             with
             them
             ,
          
           and
           that
           they
           might
           chuse
           their
           own
           Clerk
           ;
           which
           they
           use
           accordingly
           to
           do
           since
           that
           Act.
           Art.
           8.
           of
           the
           foresaid
           Act.
           16.
           
        
         
           By
           this
           it
           appears
           ,
           that
           no
           Nation
           is
           more
           nice
           in
           securing
           the
           Subject
           ,
           or
           have
           ever
           shewed
           more
           judgment
           in
           Processes
           or
           Proceedings
           of
           Treason
           ,
           than
           Scotland
           has
           .
        
         
           In
           the
           next
           place
           I
           must
           observe
           ,
           That
           no
           Nation
           has
           ever
           blamed
           a
           
             King's
             Advocat
          
           for
           assisting
           in
           
             Criminal
             Processes
          
           ,
           nor
           lies
           there
           any
           
             Action
             or
             Scandal
          
           against
           him
           any
           where
           on
           that
           account
           ;
           as
           can
           be
           proved
           from
           many
           hundreds
           of
           Citations
           of
           the
           best
           Laws
           and
           Lawyers
           ;
           but
           he
           
             darkens
             his
             own
             Cause
          
           ,
           when
           just
           ,
           who
           uses
           these
           to
           ignorant
           people
           ;
           and
           he
           
             lessens
             his
             own
             esteem
          
           ,
           who
           thinks
           he
           needs
           them
           amongst
           men
           of
           
             better
             sense
          
           :
           The
           Law
           trusts
           him
           entirely
           as
           a
           
             Publick
             Servant
          
           ,
           who
           manages
           these
           Pursuits
           by
           Virtue
           of
           his
           Office
           ,
           and
           not
           by
           Malice
           .
           The
           
             King's
             Advocat
          
           must
           either
           have
           a
           Negative
           over
           the
           King
           and
           all
           the
           Iudicatories
           ,
           by
           refusing
           to
           concur
           ,
           by
           which
           he
           might
           make
           the
           
             justest
             pursuit
             useless
          
           (
           for
           tho
           he
           should
           lay
           down
           his
           Employment
           ,
           yet
           it
           would
           give
           an
           ill
           impression
           even
           of
           the
           best
           Cause
           )
           or
           otherways
           he
           must
           be
           obliged
           to
           concur
           ;
           in
           which
           Case
           he
           can
           do
           no
           prejudice
           ,
           because
           Iudges
           are
           presum'd
           to
           be
           learned
           ,
           and
           the
           Advocat
           is
           still
           to
           be
           consider'd
           as
           too
           interested
           ,
           to
           have
           
             any
             dangerous
             Influence
          
           :
           Nor
           can
           he
           abuse
           the
           Iury
           with
           any
           
             misrepresentation
             in
             point
             of
             Law
          
           ,
           for
           they
           are
           only
           allow'd
           by
           
             our
             Law
          
           to
           consider
           
             what
             is
             meer
             matter
             of
             Fact
             ,
          
           and
           whether
           the
           precise
           point
           of
           Law
           referr'd
           to
           them
           by
           the
           Judges
           ,
           be
           prov'd
           by
           
             these
             Depositions
          
           of
           the
           Witnesses
           which
           lye
           before
           the
           Jury
           in
           Writing
           .
           Iudges
           may
           err
           in
           
             point
             of
             Law
          
           ,
           and
           Juries
           in
           
             point
             of
             Fact
          
           ,
           but
           neither
           of
           these
           are
           entrusted
           to
           
             the
             Advocate
          
           ,
           so
           that
           poor
           People
           are
           abus'd
           extreamly
           when
           they
           are
           informed
           
             that
             the
             
             King's
             Advocate
             occasioned
             any
             Mans
             Death
             .
          
           Sir
           George
           might
           here
           likewise
           represent
           ,
           that
           in
           the
           
             Rebellion
             against
             K.
          
           Ch.
           I.
           many
           Noblemen
           and
           Gentlemen
           were
           
             pursued
             for
             rising
             in
             Arms
             by
             that
             same
             King's
             Commission
             by
             whose
             Authory
             their
             Iudges
             did
             sit
          
           ;
           and
           yet
           none
           of
           the
           Advocats
           of
           these
           times
           were
           ever
           quarrel'd
           with
           or
           mis-represented
           
             for
             debating
             even
             against
             their
             Master's
             Commission
          
           and
           Remission
           ,
           as
           will
           appear
           by
           the
           Processes
           of
           
             Haddo
             ,
             President
          
           Spotswood
           ,
           
             Marquess
             of
          
           Huntley
           ,
           Montross
           ,
           and
           hundreds
           of
           other
           Gentlemen
           ,
           but
           Sir
           Geo.
           needs
           justifie
           himself
           by
           no
           such
           Precedents
           .
        
         
           In
           the
           third
           place
           ,
           Sir
           
             George
             Mackenzie
          
           may
           unanswerably
           urge
           ,
           that
           no
           Man
           who
           endeavoured
           so
           to
           lessen
           the
           
             Power
             of
             the
             King's
             Advocats
          
           by
           Acts
           of
           Parliament
           and
           Regulations
           ,
           can
           be
           thought
           to
           have
           had
           any
           inclinations
           to
           
             stretch
             it
          
           ;
           as
           also
           he
           may
           value
           himself
           
             for
             refusing
             to
             accept
             the
             King's
             Advocate
             's
             place
             ,
             till
             his
             Predecessour
             resign'd
             it
             under
             his
             hand
             ;
             that
             he
             never
             informed
             against
             any
             Man
             ,
             nor
             suggested
             any
             pursuit
          
           ;
           that
           when
           a
           Pursuit
           was
           motioned
           ,
           
             he
             pleaded
             as
             much
             in
             private
             for
             the
             Defendant
             ,
             if
             the
             case
             was
             dubious
             ,
             as
             any
             of
             his
             Advocates
             did
             thereafter
             in
             the
             process
             ;
             nor
             did
             he
             ever
             shew
             any
             vehemence
             in
             the
             process
             ,
          
           except
           when
           he
           was
           jealous'd
           of
           Friendship
           to
           the
           Defendant
           ,
           or
           of
           love
           to
           popularity
           ,
           because
           he
           had
           so
           pleaded
           in
           private
           :
           and
           no
           age
           did
           ever
           see
           so
           
             many
             thousands
             pardoned
          
           ,
           nor
           so
           many
           Indemnities
           granted
           ,
           as
           was
           in
           his
           time
           ,
           which
           as
           it
           must
           be
           principally
           ascribed
           to
           the
           
             extraordinary
             Clemency
             of
             the
             Kings
             he
             served
             ,
          
           so
           it
           may
           be
           in
           some
           measure
           imputed
           
             to
             the
             natural
             Byass
             which
             Sir
          
           George
           
             had
             to
             the
             merciful
             hand
          
           .
        
         
           There
           is
           great
           Reason
           to
           believe
           that
           
             poor
             People
             are
             only
             misled
             by
             mis-informations
             ,
          
           since
           some
           in
           their
           Pamphlets
           clamour
           against
           the
           
             Advocate
             for
             threatning
             the
             Iury
             with
             a
             Process
             of
             Errour
             ,
          
           whereas
           all
           that
           he
           does
           
             is
             to
             protest
             for
             a
             process
             of
             Errour
             ,
          
           which
           is
           a
           duty
           imposed
           upon
           
             him
             by
             our
             Law.
          
           They
           accuse
           him
           also
           for
           having
           
             occasioned
             great
             expences
             to
             the
             Countrey
             ,
             for
             keeping
             Witnesses
             unexamined
             ,
          
           whereas
           it
           appears
           fully
           from
           our
           Statutes
           and
           Practice
           that
           the
           examination
           of
           Witnesses
           is
           no
           part
           of
           his
           duty
           ,
           for
           the
           Sollicitor
           presents
           them
           ,
           and
           the
           Iudges
           only
           can
           examine
           them
           .
        
         
         
           The
           bulk
           of
           all
           the
           processes
           raised
           in
           K.
           Charles
           2.
           and
           K.
           Iames
           7.
           
           Reigns
           ,
           were
           against
           such
           
             as
             rose
             in
             actual
             Rebellion
             at
          
           Pentland-Hills
           ,
           Bothwell-Bridge
           ,
           and
           Argyle
           
             's
             Invasion
          
           ;
           the
           first
           were
           pursued
           by
           Sir
           
             Iohn
             Nisbet
          
           ,
           one
           of
           the
           best
           Lawyers
           and
           Country-men
           that
           ever
           pleaded
           ;
           and
           Sir
           
             George
             Mackenzie
          
           did
           but
           Copy
           his
           Libels
           in
           pursuing
           Men
           in
           the
           other
           two
           Rebellions
           ,
           These
           Indictments
           were
           founded
           upon
           the
           
             Laws
             of
             all
             Nations
          
           ,
           and
           particularly
           of
           Scotland
           ,
           declaring
           that
           
             Subjects
             taking
             Arms
             against
             the
             King
             and
             his
             Authority
             were
             Traytors
             .
          
           All
           the
           Nobility
           and
           Gentry
           ,
           almost
           all
           who
           are
           in
           the
           present
           Government
           rose
           against
           them
           with
           their
           Swords
           in
           their
           hands
           ,
           and
           so
           were
           more
           guilty
           (
           if
           that
           must
           be
           called
           guilt
           )
           than
           any
           Judge
           ;
           these
           
             Proceedings
             were
             justified
          
           by
           many
           Parliaments
           ,
           and
           all
           the
           Iudicatures
           ;
           and
           England
           still
           continues
           to
           think
           that
           
             Monmouth's
             Invasion
             was
             a
             Rebellion
          
           ;
           so
           that
           the
           succeeding
           
             King's
             Advocates
          
           could
           not
           be
           blamed
           for
           pleading
           in
           defence
           of
           what
           others
           
             fought
             for
          
           ,
           and
           judged
           .
        
         
           There
           were
           other
           two
           Classes
           of
           Men
           prosecuted
           in
           those
           times
           ,
           the
           one
           was
           of
           
             the
             Murderers
             of
             the
             Arch-Bishop
             of
             St.
          
           Andrews
           ,
           the
           other
           was
           of
           such
           as
           in
           
             publick
             Rendezvous
             of
             Rebellion
          
           ,
           *
           as
           at
           Sanqhuar
           ,
           wherein
           they
           declared
           K.
           Ch.
           2.
           
             to
             have
             forfeited
             his
             Right
             to
             the
             Crown
             ,
             because
             he
             had
             broken
             the
             Covenant
             ,
          
           which
           was
           the
           fundamental
           Contract
           betwixt
           God
           ,
           the
           King
           ,
           and
           the
           People
           ,
           and
           therefore
           they
           
             declared
             War
             against
             him
          
           ,
           and
           
             that
             it
             was
             lawful
             to
             kill
             all
             who
             served
             him
             .
          
           Now
           it
           is
           left
           to
           any
           indifferent
           Reader
           to
           judge
           whether
           there
           needed
           any
           Eloquence
           to
           prevail
           with
           
             Iudges
             or
             Iurors
             to
             condemn
             such
             Rebels
             .
          
           But
           to
           shew
           the
           Clemency
           of
           the
           Government
           ,
           Strangers
           would
           be
           pleased
           to
           consider
           that
           tho'
           above
           20000
           
             had
             been
             guilty
             of
             publick
             Rebellion
             ,
             yet
          
           200
           
             died
             not
             by
             the
             Criminal
             Court
             ,
          
           and
           above
           150
           of
           these
           might
           have
           saved
           their
           lives
           ,
           by
           saying
           
             God
             bless
             the
             King
          
           ;
           not
           that
           the
           refusing
           to
           say
           this
           was
           
             made
             a
             Crime
          
           (
           as
           is
           villainously
           represented
           )
           but
           that
           this
           
             easie
             defence
          
           was
           allowed
           under
           this
           
             G●ntle
             King
          
           ,
           whose
           Clemency
           we
           wish
           may
           be
           imitated
           by
           those
           who
           cry
           so
           much
           out
           against
           his
           Cruelty
           ;
           and
           amongst
           the
           many
           thousands
           that
           rose
           with
           Argyle
           ,
           only
           two
           notorious
           Rebels
           
           were
           pitched
           upon
           by
           the
           Criminal
           Court
           to
           die
           for
           the
           example
           and
           terrour
           of
           others
           .
           And
           I
           may
           safely
           say
           ,
           that
           there
           died
           not
           six
           in
           all
           the
           the
           time
           that
           Sir
           
             Geo.
             was
             Advocate
          
           ,
           except
           for
           
             being
             in
             actual
             Rebellion
          
           ,
           and
           for
           
             being
             Guilty
             of
             Assassination
          
           clearly
           proved
           ;
           nor
           did
           the
           Earl
           of
           
             Argyle
             himself
          
           die
           till
           he
           had
           actually
           
             invaded
             his
             native
             Country
          
           :
           nor
           
             George
             Lermonth
          
           ,
           till
           it
           was
           proved
           ,
           that
           (
           tho'
           he
           wanted
           Arms
           )
           yet
           
             he
             commanded
             those
             who
             were
             in
             Arms
             to
             fall
             upon
             the
             King's
             Souldiers
             ,
          
           and
           so
           they
           were
           killed
           by
           his
           Command
           .
           And
           what
           Eloquence
           is
           requisite
           to
           perswade
           Judges
           or
           Juries
           to
           condemn
           in
           such
           Crimes
           ?
        
      
       
         
         
         
           TO
           THE
           READER
           .
        
         
           WHEN
           we
           
             inform
             Strangers
          
           of
           the
           
             Seditious
             Principles
          
           of
           the
           
             Scotch
             Presbyterians
          
           ,
           they
           are
           
             justly
             surprised
          
           that
           such
           Villanies
           can
           be
           practised
           ,
           where
           Humanity
           and
           Christianity
           are
           not
           openly
           and
           plainly
           renounced
           ,
           and
           therefore
           some
           of
           their
           own
           
             Authentick
             Papers
          
           are
           here
           subjoined
           ,
           which
           contain
           the
           
             natural
             consequences
          
           of
           their
           Covenant
           and
           Principles
           ,
           by
           which
           we
           leave
           the
           World
           to
           Iudge
           whether
           Sir
           
             George
             Mackenzie
          
           has
           not
           treated
           them
           with
           all
           modesty
           and
           tenderness
           ,
           and
           whether
           any
           Form
           of
           Government
           can
           possibly
           subsist
           ,
           where
           such
           wicked
           and
           
             pernicious
             Fooleries
          
           are
           propagated
           .
        
      
       
         
         
         
           THE
           Solemn
           League
           and
           Covenant
           .
        
         
           WEE
           Noblemen
           ,
           Barons
           ,
           Knights
           ,
           Gentlemen
           ,
           Citizens
           ,
           Burgesses
           ,
           Ministers
           of
           the
           Gospel
           ,
           and
           Commons
           of
           all
           sorts
           in
           the
           Kingdoms
           of
           
             Scotland
             ,
             England
          
           and
           Ireland
           ,
           by
           the
           Providence
           of
           GOD
           living
           under
           one
           King
           ,
           and
           being
           of
           one
           reformed
           Religion
           ,
           Having
           before
           our
           eyes
           the
           
             Glory
             of
             GOD
          
           ,
           and
           the
           
             Advancement
             of
             the
             Kingdom
          
           of
           our
           
             Lord
             and
             Saviour
             Iesus
             Christ
          
           ,
           the
           
             Honour
             and
             Happiness
          
           of
           the
           
             Kings
             Majesty
          
           and
           his
           Posterity
           ,
           and
           the
           true
           
             Publick
             Liberty
             ,
             Safety
          
           ,
           and
           Peace
           of
           the
           Kingdoms
           ,
           wherein
           every
           ones
           private
           condition
           is
           included
           ;
           And
           calling
           to
           mind
           the
           treacherous
           and
           bloody
           Plots
           ,
           Conspiracies
           ,
           Attempts
           ,
           and
           Practices
           of
           the
           Enemies
           of
           GOD
           ,
           against
           the
           True
           Religion
           ,
           and
           Professors
           thereof
           in
           all
           places
           ,
           especially
           in
           these
           three
           Kingdoms
           ,
           ever
           since
           the
           
             Reformation
             of
             Religion
          
           ,
           and
           how
           much
           their
           Rage
           Power
           and
           Presumption
           are
           of
           late
           ,
           and
           at
           this
           time
           increased
           and
           exercised
           ;
           whereof
           the
           deplorable
           estate
           of
           the
           Church
           and
           Kingdom
           of
           Ireland
           ,
           the
           distressed
           estate
           of
           the
           Church
           and
           Kingdom
           of
           England
           ,
           and
           the
           dangerous
           estate
           of
           the
           Church
           and
           Kingdom
           of
           Scotland
           are
           present
           and
           publick
           Testimonies
           ;
           We
           have
           now
           at
           last
           (
           after
           other
           means
           of
           Supplication
           ,
           Remonstance
           ,
           Protestations
           and
           Sufferings
           )
           for
           the
           
             preservation
             of
             our selves
          
           and
           
             our
             Religion
          
           from
           utter
           ruine
           and
           destruction
           ,
           according
           to
           the
           
             commendable
             practice
             of
             these
             Kingdoms
             in
             former
             times
             ,
          
           and
           the
           
             Example
             of
             GOD's
             People
             in
             other
             Nations
             ,
          
           after
           mature
           deliberation
           ,
           resolved
           and
           determined
           to
           enter
           into
           a
           mutual
           and
           
             solemn
             League
             and
             Covenant
          
           :
           Wherein
           we
           all
           subscribe
           ,
           and
           each
           one
           of
           us
           for
           himself
           ,
           with
           our
           
             hands
             lifted
             up
          
           to
           the
           most
           high
           GOD
           ,
           do
           Swear
           :
        
         
         
           1.
           
           THat
           we
           shall
           sincerely
           ,
           really
           ,
           and
           constantly
           ,
           through
           the
           Grace
           of
           GOD
           ,
           endeavour
           in
           our
           several
           places
           and
           Callings
           ,
           the
           Preservation
           of
           the
           Reformed-Religion
           in
           the
           Church
           of
           Scotland
           ,
           in
           Doctrine
           ,
           Worship
           ,
           Discipline
           and
           Government
           ,
           against
           our
           
             Common
             Enemies
          
           ;
           The
           Reformation
           of
           Religion
           in
           the
           Kingdoms
           of
           England
           and
           Ireland
           ,
           in
           Doctrine
           ,
           Worship
           ,
           Discipline
           ,
           and
           Government
           ,
           according
           to
           the
           Word
           of
           GOD
           ,
           and
           the
           Example
           of
           the
           best
           Reformed
           Churches
           ;
           And
           shall
           Endeavour
           to
           bring
           the
           Churches
           of
           GOD
           in
           the
           three
           Kingdoms
           to
           
             the
             nearest
             conjunction
             and
             Vniformity
             in
             Religion
             ,
             Confession
             of
             Faith
             ,
             Form
             of
             Church
             Government
             ,
             Directory
             for
             Worship
             and
             Catechising
          
           ;
           That
           We
           and
           our
           Posterity
           after
           us
           ,
           may
           ,
           as
           Brethren
           ,
           live
           in
           Faith
           and
           Love
           ,
           and
           the
           Lord
           may
           delight
           to
           dwell
           in
           the
           midst
           of
           us
           .
        
         
           2.
           
           That
           we
           shall
           in
           like
           manner
           ,
           without
           respect
           of
           persons
           ,
           endeavour
           the
           Extirpation
           of
           
             Popery
             ,
             Prelacy
          
           (
           that
           is
           ,
           
             Church
             Government
             by
             Archbishops
             ,
             Bishops
             ,
             their
             Chancellours
             and
             Commissaries
             ,
             Deans
             ,
             Deans
             and
             Chapters
             ,
             Arch-Deacons
             ,
             and
             all
             other
             Ecclesiastical
             Officers
             depending
             on
             that
             Hierarchy
             )
             Superstition
             ,
             Heresie
             ,
             Schism
             ,
             Prophaneness
             ,
          
           and
           whatsoever
           shall
           be
           found
           to
           be
           contrary
           to
           
             sound
             Doctrine
          
           and
           the
           
             Power
             of
             Godliness
          
           ;
           Lest
           we
           partake
           in
           other
           mens
           sins
           ,
           and
           thereby
           be
           in
           danger
           to
           receive
           of
           their
           plagues
           ;
           And
           that
           the
           
             Lord
             may
             be
             One
          
           ,
           and
           
             his
             Name
             One
          
           in
           the
           three
           Kingdoms
           .
        
         
           3.
           
           We
           shall
           with
           the
           same
           sincerity
           ,
           reality
           ,
           and
           constancy
           ,
           in
           our
           several
           Vocations
           ,
           endeavour
           with
           
             our
             Estates
             and
             Lives
          
           mutually
           to
           preserve
           the
           Rights
           and
           Priviledges
           of
           the
           Parliaments
           ,
           and
           the
           Liberties
           of
           the
           Kingdoms
           ;
           And
           to
           preserve
           and
           defend
           the
           Kings
           Majesties
           
             Person
             and
             Authority
          
           ,
           in
           the
           preservation
           and
           defence
           of
           the
           
             True
             Religion
          
           ,
           and
           Liberties
           of
           the
           Kingdoms
           ;
           That
           the
           World
           may
           bear
           witness
           with
           our
           Consciences
           of
           our
           Loyalty
           ,
           and
           that
           we
           have
           no
           thoughts
           or
           intentions
           to
           diminish
           His
           Majesties
           
             Iust
             Power
          
           and
           Greatness
           .
        
         
           4.
           
           We
           shall
           also
           with
           all
           faithfulness
           endeavour
           the
           Discovery
           of
           all
           such
           as
           have
           been
           ,
           or
           shall
           be
           Incendiaries
           ,
           Malignants
           ,
           or
           evil
           Instruments
           ,
           by
           
             hindering
             the
             Reformation
          
           of
           Religion
           ,
           dividing
           
           the
           King
           from
           his
           People
           ,
           or
           one
           of
           the
           Kingdoms
           from
           another
           ,
           or
           making
           any
           Faction
           or
           Parties
           amongst
           the
           People
           ,
           contrary
           to
           this
           
             League
             and
             Covenant
          
           ,
           That
           they
           may
           be
           brought
           to
           
             publick
             Tryal
          
           ,
           and
           receive
           condign
           punishment
           ,
           as
           the
           
             degree
             of
             their
             Offences
          
           shall
           require
           or
           deserve
           ,
           or
           the
           
             supream
             Iudicatories
          
           of
           both
           Kingdoms
           respectively
           ,
           or
           others
           having
           
             power
             from
             them
          
           for
           that
           effect
           ,
           shall
           judge
           convenient
           .
        
         
           5.
           
           And
           whereas
           the
           happiness
           of
           a
           
             Blessed
             Peace
          
           between
           these
           Kingdoms
           ,
           denyed
           in
           former
           times
           to
           our
           Progenitors
           ,
           is
           by
           the
           good
           Providence
           of
           GOD
           granted
           unto
           us
           ,
           and
           hath
           been
           lately
           concluded
           ,
           and
           setled
           by
           both
           Parliaments
           ,
           We
           shall
           each
           one
           of
           us
           ,
           according
           to
           our
           place
           and
           Interest
           ,
           endeavour
           that
           they
           may
           
             remain
             conjoined
          
           in
           a
           firm
           Peace
           and
           Union
           to
           all
           Posterity
           ,
           And
           that
           
             Iustice
             may
             be
             done
          
           upon
           the
           wilful
           Opposers
           thereof
           ,
           in
           manner
           expressed
           in
           the
           precedent
           Article
           .
        
         
           6.
           
           We
           shall
           also
           according
           to
           our
           places
           and
           callings
           in
           this
           common
           Cause
           of
           Religion
           ,
           Liberty
           ,
           and
           Peace
           of
           the
           Kingdoms
           ,
           assist
           and
           defend
           all
           those
           that
           enter
           into
           this
           League
           and
           Covenant
           ,
           in
           the
           maintaining
           and
           pursuing
           thereof
           ;
           and
           shall
           not
           suffer
           our selves
           directly
           or
           indirectly
           by
           whatsoever
           
             Combination
             ,
             Perswasion
          
           ,
           or
           Terrour
           ,
           to
           be
           divided
           and
           
             withdrawn
             from
             this
             Blessed
             Vnion
             and
             Conjunction
             ,
          
           whether
           to
           make
           defection
           to
           the
           contrary
           part
           ,
           or
           to
           give
           our selves
           to
           a
           
             detestable
             indifferency
          
           ,
           or
           neutrality
           in
           this
           Cause
           ,
           which
           so
           much
           concerneth
           the
           Glory
           of
           GOD
           ,
           the
           Good
           of
           the
           Kingdoms
           ,
           and
           Honour
           of
           the
           King
           ;
           But
           shall
           all
           the
           days
           of
           our
           lives
           zealously
           and
           constantly
           continue
           therein
           ,
           against
           all
           opposition
           ,
           and
           promote
           the
           same
           according
           to
           our
           power
           ,
           against
           all
           Lets
           and
           Impediments
           whatsoever
           ;
           and
           what
           we
           are
           not
           able
           our selves
           to
           suppress
           or
           overcome
           ,
           we
           shall
           
             reveal
             and
             make
             known
          
           ,
           that
           it
           may
           be
           timely
           prevented
           or
           removed
           :
           All
           which
           we
           shall
           do
           as
           in
           the
           sight
           of
           GOD.
           
        
         
           And
           ,
           because
           these
           Kingdoms
           are
           guilty
           of
           
             many
             sins
          
           and
           provocations
           against
           GOD
           ,
           and
           his
           Son
           Jesus
           Christ
           ,
           as
           is
           too
           manifest
           by
           our
           
             present
             distresses
          
           and
           dangers
           ,
           the
           fruits
           thereof
           ,
           we
           profess
           and
           declare
           before
           GOD
           and
           the
           World
           ,
           our
           unfeigned
           desire
           to
           be
           humbled
           for
           our
           own
           sins
           ,
           and
           for
           the
           sins
           of
           these
           Kingdoms
           ,
           
           especially
           that
           
             we
             have
             not
          
           ,
           as
           we
           ought
           ,
           
             valued
             the
             inestimable
             benefit
             of
             the
             Gospel
             ,
          
           that
           we
           have
           not
           
             laboured
             for
             the
             Purity
             and
             Power
             thereof
             ,
          
           and
           that
           we
           have
           
             not
             endeavoured
             to
             receive
             Christ
             in
             our
             Hearts
             ,
          
           nor
           to
           walk
           
             worthy
             of
             him
          
           in
           our
           lives
           ,
           which
           are
           the
           causes
           of
           other
           sins
           and
           transgressions
           so
           much
           abounding
           amongst
           us
           ,
           and
           our
           true
           and
           unfeigned
           purpose
           ,
           desire
           ,
           and
           endeavour
           for
           our selves
           and
           all
           others
           under
           our
           Power
           and
           Charge
           ,
           both
           in
           publick
           and
           in
           private
           ,
           in
           all
           Duties
           we
           owe
           to
           GOD
           and
           Man
           ,
           
             to
             amend
             our
             lives
          
           ,
           and
           each
           one
           to
           
             go
             before
             another
          
           in
           the
           example
           of
           a
           
             real
             Reformation
          
           ;
           That
           the
           Lord
           may
           turn
           away
           his
           wrath
           ,
           and
           heavy
           indignation
           ,
           and
           Establish
           these
           Churches
           and
           Kingdoms
           in
           Truth
           and
           Peace
           .
           And
           this
           Covenant
           we
           make
           in
           the
           
             presence
             of
             Almighty
          
           GOD
           the
           Searcher
           of
           all
           Hearts
           ,
           with
           a
           
             true
             intention
          
           to
           perform
           the
           same
           ,
           as
           we
           shall
           answer
           at
           that
           great
           Day
           when
           the
           secrets
           of
           all
           Hearts
           shall
           be
           disclosed
           ;
           Most
           humbly
           beseeching
           the
           Lord
           to
           strengthen
           us
           by
           his
           holy
           Spirit
           for
           this
           end
           ,
           and
           to
           bless
           our
           desires
           ,
           and
           proceedings
           with
           such
           Success
           as
           may
           be
           deliverance
           and
           safety
           to
           his
           People
           ,
           and
           Encouragement
           to
           other
           Christian
           Churches
           groaning
           under
           ,
           or
           in
           danger
           of
           the
           
             Yoke
             of
             Antichristian
             Tyranny
          
           ,
           to
           joyn
           in
           the
           same
           ,
           or
           like
           Association
           and
           Covenant
           ,
           To
           the
           glory
           of
           God
           ,
           the
           enlargement
           of
           the
           Kingdom
           of
           Jesus
           Christ
           ,
           and
           the
           Peace
           and
           Tranquility
           of
           Christian
           Kingdoms
           ,
           and
           Common-wealths
           .
        
         
           
             
             
               
                 West-kirk
                 the
              
               13.
               day
               of
               August
               ,
               1650.
               
            
             
               THe
               Commission
               of
               the
               General
               Assembly
               ,
               considering
               that
               there
               may
               be
               just
               ground
               of
               stumbling
               from
               the
               Kings
               Majesties
               
                 refusing
                 to
                 subscribe
              
               and
               emit
               the
               Declaration
               offered
               unto
               him
               by
               the
               Committee
               of
               Estates
               ,
               and
               Commissioners
               of
               the
               General
               Assembly
               concerning
               his
               former
               carriage
               and
               resolutions
               for
               the
               future
               ,
               in
               reference
               to
               the
               
                 Cause
                 of
                 God
              
               ,
               and
               the
               
                 Enemies
                 and
                 Friends
              
               thereof
               ;
               Doth
               therefore
               declare
               that
               this
               Kirk
               and
               Kingdom
               do
               not
               own
               nor
               espouse
               any
               
                 Malignant
                 party
              
               or
               quarrel
               or
               interest
               ,
               But
               that
               they
               fight
               meerly
               upon
               their
               
                 former
                 Grounds
                 and
                 Principles
              
               ,
               and
               in
               defence
               of
               the
               
                 Cause
                 of
                 God
              
               and
               of
               the
               Kingdom
               ,
               as
               they
               have
               done
               these
               twelve
               Years
               past
               :
               And
               therefore
               as
               they
               do
               disclaim
               all
               the
               Sin
               and
               Guilt
               of
               the
               
                 King
                 and
                 of
                 his
                 House
              
               ,
               so
               they
               will
               not
               own
               Him
               ,
               nor
               his
               Interest
               ,
               otherwise
               than
               with
               a
               Subordination
               to
               God
               ,
               and
               so
               far
               as
               he
               owns
               and
               prosecutes
               the
               
                 Cause
                 of
                 God
              
               ,
               and
               
                 disclaimes
                 his
              
               and
               
                 his
                 Fathers
                 opposition
              
               to
               the
               
                 Work
                 of
                 God
              
               ,
               and
               to
               
                 the
                 Covenant
              
               ,
               and
               likewise
               all
               the
               Enemies
               thereof
               ;
               And
               that
               they
               will
               with
               convenient
               speed
               take
               in
               Consideration
               the
               Papers
               lately
               sent
               unto
               them
               from
               
                 OLIVER
                 CROMWEL
              
               ,
               and
               
                 vindicate
                 themselves
              
               from
               all
               the
               falsehoods
               contained
               therein
               ,
               especially
               in
               those
               things
               ,
               wherein
               the
               quarrel
               betwixt
               us
               and
               that
               party
               is
               mis-stated
               ,
               as
               if
               we
               
                 owned
                 the
                 late
                 Kings
                 proceedings
              
               ,
               and
               were
               resolved
               to
               Prosecute
               ,
               and
               Maintain
               his
               
                 present
                 Majesties
                 interest
              
               ,
               before
               and
               without
               acknowledgement
               of
               the
               Sins
               of
               his
               House
               and
               former
               ways
               ,
               and
               Satisfaction
               to
               
                 Gods
                 People
              
               in
               both
               Kingdoms
               .
            
             
               
                 A.
                 Ker.
                 
              
            
          
        
         
           
             
               13.
               of
               August
               ,
               1650.
               
            
             
               THe
               Committee
               of
               Estates
               having
               seen
               and
               considered
               a
               Declaration
               of
               the
               Commission
               of
               the
               General
               Assembly
               anent
               the
               
                 stating
                 of
                 the
                 quarrel
              
               whereon
               the
               Army
               is
               to
               fight
               ,
               
                 do
                 Approve
                 the
                 same
              
               ,
               and
               heartily
               Concur
               therein
               .
            
             
               
                 Tho
                 Henderson
                 .
              
            
          
        
      
       
         
         
           A
           True
           and
           Exact
           Copy
           of
           a
           Treasonable
           and
           
             Bloody
             Paper
          
           ,
           called
           ,
           The
           
             Fanaticks
             New
             Covenant
          
           :
           which
           was
           taken
           from
           
             Donald
             Cargill
          
           at
           Queens-Ferry
           ,
           Iune
           
             3.
             1680.
          
           one
           of
           their
           Field-Preachers
           ,
           a
           declared
           Rebel
           and
           Traitor
           .
        
         
           Together
           with
           their
           
             Execrable
             Declaration
          
           published
           at
           the
           Cross
           of
           Sanquhair
           ,
           upon
           the
           Two
           and
           twentieth
           day
           of
           the
           said
           Month
           of
           June
           ;
           after
           a
           solemn
           Procession
           and
           singing
           of
           Psalms
           ,
           by
           Cameron
           ,
           the
           notorious
           Ringleader
           of
           ,
           and
           Preacher
           at
           ,
           their
           Field-Conventicles
           ,
           accompanied
           with
           Twenty
           of
           that
           wretched
           Crew
           .
        
         
           WE
           Under-Subscribers
           ,
           for
           our selves
           ,
           and
           all
           that
           join
           with
           us
           ,
           and
           adhere
           to
           us
           ,
           being
           put
           to
           it
           by
           God
           ,
           our
           Consciences
           ,
           and
           
             Men
             ;
             Do
             bind
             our
             Souls
             with
             a
             solemn
             and
             sacred
             Bond
             ,
          
           lest
           on
           the
           one
           hand
           we
           should
           be
           carried
           away
           with
           the
           stream
           of
           the
           Apostacy
           and
           defection
           of
           the
           Church
           in
           this
           time
           ,
           and
           on
           the
           other
           hand
           ,
           lest
           we
           should
           (
           not
           being
           so
           engaged
           )
           evanish
           in
           Vanity
           ,
           and
           be
           without
           a
           
             right
             Rule
          
           in
           
             good
             Designs
          
           :
           We
           have
           judged
           it
           our
           duty
           again
           to
           
             Covenant
             with
             God
          
           ,
           and
           
             one
             another
          
           ,
           and
           to
           publish
           this
           DECLARATION
           to
           the
           World
           of
           our
           Purposes
           ,
           that
           Men
           may
           know
           our
           
             most
             inward
             thoughts
          
           ,
           the
           
             Rules
             that
             we
             walk
             by
          
           ,
           and
           the
           
             outmost
             ends
          
           that
           we
           have
           before
           our
           eyes
           for
           this
           intent
           ,
           that
           those
           who
           are
           
             lovers
             of
             God
          
           ,
           zealous
           of
           His
           
             reigning
             in
             Glory
          
           ,
           and
           desirous
           of
           Reformation
           ,
           and
           the
           
             propagation
             of
             His
             Kingdom
          
           ,
           may
           have
           occasion
           no
           more
           to
           be
           jealous
           of
           our
           Intentions
           ,
           and
           others
           may
           have
           no
           ground
           to
           load
           us
           with
           odious
           and
           
             foul
             Aspersions
          
           ;
           but
           ,
           that
           all
           knowing
           the
           truth
           of
           us
           ,
           if
           they
           shall
           
             strive
             against
             us
          
           ,
           and
           
             Truth
             with
             us
          
           ,
           shall
           do
           it
           
             without
             excuse
          
           ,
           and
           against
           conviction
           ;
           and
           that
           
           those
           who
           shall
           join
           with
           us
           ,
           may
           do
           it
           upon
           solid
           and
           
             undoubted
             grounds
          
           ,
           and
           both
           they
           and
           we
           may
           expect
           Grace
           from
           Him
           ,
           Faithfully
           to
           persevere
           ,
           and
           happily
           to
           be
           successful
           in
           so
           good
           Purposes
           .
        
         
           It
           is
           true
           ,
           We
           are
           not
           ignorant
           of
           the
           great
           unmindfulness
           ,
           failing
           ,
           counteracting
           ,
           and
           mocking
           that
           has
           been
           in
           our
           
             former
             Vows
             and
             Covenants
          
           with
           God
           ,
           and
           of
           the
           great
           Iudgments
           that
           hath
           ,
           and
           are
           like
           to
           follow
           such
           impious
           and
           
             sinful
             dealing
          
           with
           God
           in
           such
           weighty
           Matters
           ,
           (
           for
           which
           we
           both
           ought
           and
           desire
           to
           
             be
             Humbled
             before
             Him
          
           ,
           )
           which
           cannot
           but
           
             make
             us
          
           with
           great
           trembling
           of
           Heart
           
             enter
             into
             new
             ones
          
           ,
           knowing
           both
           our
           own
           weakness
           and
           readiness
           to
           relapse
           ,
           and
           the
           great
           hazard
           and
           danger
           of
           such
           relapses
           ;
           Yet
           ,
           the
           desire
           of
           recovering
           and
           preserving
           a
           remnant
           ,
           and
           the
           
             conviction
             of
          
           this
           ,
           as
           the
           most
           
             convenient
             mean
          
           ,
           the
           zeal
           to
           Gods
           glory
           ,
           and
           Christs
           reigning
           ,
           (
           which
           is
           the
           highest
           and
           most
           acceptable
           duty
           Man
           can
           perform
           to
           God
           ,
           )
           hoping
           
             for
             His
             Mercies
          
           (
           who
           is
           witness
           to
           the
           Integrity
           of
           our
           Hearts
           and
           rightness
           of
           our
           Intentions
           ▪
           )
           that
           
             he
             will
             instruct
             ,
             direct
             ,
             accept
             ,
          
           and
           prosper
           us
           ,
           we
           go
           forward
           ,
           declaring
           ,
           that
           nothing
           else
           but
           what
           we
           here
           express
           is
           our
           Design
           .
        
         
           I.
           We
           Covenant
           and
           Swear
           ,
           that
           we
           take
           the
           only
           true
           and
           living
           God
           ,
           Father
           ,
           Son
           ,
           and
           Holy
           Ghost
           ,
           to
           be
           
             our
             God
          
           ,
           and
           betakes
           our selves
           to
           the
           
             Merits
             and
             Righteousness
             of
             His
             Son
             ,
          
           as
           the
           alone
           Righteousness
           that
           can
           justifie
           us
           before
           God
           ;
           and
           that
           we
           take
           His
           Scriptures
           and
           Word
           to
           be
           the
           Object
           of
           our
           Faith
           ,
           and
           rule
           of
           our
           Conversation
           in
           all
           things
           ;
           and
           that
           we
           shall
           give
           up
           our selves
           to
           Him
           ,
           to
           be
           renewed
           ,
           instructed
           ,
           and
           in
           all
           things
           ruled
           by
           His
           Spirit
           ,
           according
           to
           that
           Word
           ;
           and
           shall
           earnestly
           endeavour
           by
           His
           Grace
           ,
           to
           render
           to
           Him
           that
           Love
           ,
           Worship
           ,
           and
           Obedience
           ,
           that
           His
           Word
           requires
           ,
           and
           His
           Goodness
           engages
           us
           to
           .
        
         
           II.
           That
           we
           shall
           to
           the
           outmost
           of
           our
           Power
           ,
           advance
           the
           
             Kingdom
             of
             Christ
          
           established
           throughout
           the
           Land
           ,
           (
           if
           at
           any
           time
           hereafter
           God
           shall
           give
           us
           this
           opportunity
           )
           Righteousness
           and
           the
           
             true
             reformed
             Religion
          
           ,
           in
           the
           truth
           of
           its
           Doctrine
           ,
           in
           the
           purity
           and
           power
           of
           its
           Worship
           and
           Ordinances
           ,
           and
           its
           Discipline
           and
           Government
           ,
           and
           free
           the
           Church
           of
           God
           from
           the
           
             Thraldom
             ,
             
             Tyranny
             ,
             Incroachment
             ,
          
           and
           
             corruption
             of
             Prelacy
          
           on
           the
           one
           hand
           ,
           and
           Erastianism
           on
           the
           other
           .
           And
           we
           shall
           to
           our
           power
           ,
           relieve
           the
           Church
           and
           Subjects
           of
           this
           Kingdom
           ,
           (
           we
           being
           called
           thereto
           ,
           by
           His
           giving
           of
           us
           Power
           ,
           
             Power
             being
             Gods
             Call
             to
             do
             good
          
           )
           of
           that
           Oppression
           that
           hath
           been
           exercised
           upon
           their
           Consciences
           ,
           Civil
           Rights
           and
           Liberties
           ,
           that
           Men
           may
           serve
           Him
           Holily
           ,
           without
           fear
           ,
           and
           possess
           their
           civil
           Rights
           in
           quietness
           ,
           without
           disturbance
           .
        
         
           III.
           That
           we
           shall
           endeavour
           to
           our
           outmost
           ,
           the
           extirpation
           of
           the
           
             Kingdom
             of
             Darkness
          
           ,
           and
           whatsoever
           is
           contrair
           to
           the
           Kingdom
           of
           Christ
           ,
           and
           especially
           Idolatry
           and
           Popery
           in
           all
           the
           Articles
           of
           it
           ,
           as
           we
           are
           bound
           in
           our
           
             National
             Covenant
          
           ;
           and
           Superstition
           ,
           Will-worship
           ,
           and
           Prelacy
           ,
           with
           its
           Hierarchy
           ,
           as
           we
           are
           bound
           in
           our
           
             Solemn
             League
             and
             Covenant
          
           ;
           And
           that
           we
           shall
           with
           the
           same
           sincerity
           ,
           endeavour
           (
           God
           giving
           us
           Assistance
           )
           the
           overthrow
           of
           that
           Power
           that
           
             hath
             established
          
           that
           Prelacy
           and
           Erastianism
           over
           the
           Church
           ,
           and
           exercises
           such
           a
           
             Lustful
             and
             Arbitrary
             Tyranny
          
           over
           the
           Subjects
           ,
           seeking
           again
           to
           introduce
           
             Idolatry
             and
             Superstition
          
           in
           these
           Lands
           ,
           
             contrair
             to
             our
             Covenants
          
           :
           And
           in
           a
           word
           ,
           that
           we
           shall
           endeavour
           the
           extirpation
           of
           all
           the
           works
           of
           Darkness
           ,
           and
           the
           Relicts
           of
           Idolatry
           and
           Superstition
           ,
           (
           which
           are
           both
           much
           enlarged
           and
           revived
           in
           our
           times
           ,
           )
           and
           
             execute
             righteous
             Iudgments
             impartially
          
           (
           according
           to
           the
           Word
           of
           God
           ,
           and
           degree
           of
           Wickedness
           )
           upon
           the
           Committers
           of
           these
           things
           ,
           but
           especially
           Blasphemy
           ,
           Idolatry
           ,
           Atheism
           ,
           Sorcery
           ,
           Perjury
           ,
           Uncleanness
           ,
           Prophanation
           of
           the
           Lords
           day
           ,
           Oppression
           and
           Malignancy
           ,
           that
           being
           thus
           zealous
           for
           God
           ,
           he
           may
           delight
           to
           dwell
           among
           us
           .
        
         
           IV.
           Seriously
           considering
           ,
           that
           the
           
             hand
             of
             our
             Kings
          
           has
           been
           against
           the
           
             Throne
             of
             the
             Lord
          
           ,
           and
           that
           now
           for
           a
           long
           time
           ,
           the
           
             Succession
             of
             our
             Kings
          
           ,
           and
           the
           most
           part
           of
           our
           Rulers
           with
           him
           ,
           hath
           been
           
             against
             the
             purity
             and
             power
             of
             Religion
             and
             Godliness
             ,
          
           and
           freedom
           of
           the
           Church
           of
           God
           ,
           and
           hath
           degenerate
           from
           the
           vertue
           and
           
             good
             Government
          
           of
           their
           Predecessors
           ,
           into
           Tyranny
           ,
           and
           hath
           of
           late
           so
           manifestly
           
             rejected
             God
          
           ,
           
           his
           Service
           and
           Reformation
           ,
           as
           a
           Slavery
           ,
           as
           they
           themselves
           call
           it
           in
           their
           publick
           Papers
           ,
           (
           especially
           in
           these
           last
           Letters
           to
           the
           King
           ,
           and
           Duke
           of
           Lauderdale
           )
           disclaiming
           
             their
             Covenant
          
           with
           God
           ,
           and
           Blasphemously
           inacting
           it
           
             to
             be
             burnt
             by
             the
             hand
             of
             a
             Hang-man
             ,
          
           governed
           contrary
           to
           
             all
             right
             Laws
          
           divine
           and
           humane
           ,
           excercised
           such
           Tyranny
           and
           
             Arbitrary
             Government
             ,
             opprest
          
           Men
           in
           their
           Consciences
           and
           Civil
           Rights
           ,
           used
           free
           Subjects
           (
           Christian
           and
           reasonable
           Men
           )
           with
           
             less
             discretion
             and
             justice
          
           than
           their
           Beasts
           ;
           and
           so
           not
           only
           frustrate
           the
           
             great
             end
             of
             Government
          
           ,
           (
           which
           is
           ,
           
             that
             Men
             may
             live
             Godly
             ,
             Holily
          
           and
           Peaceably
           under
           them
           ,
           and
           might
           be
           maintained
           in
           their
           Rights
           and
           Liberties
           form
           injury
           and
           wrong
           )
           but
           hath
           also
           walked
           contrary
           to
           it
           ,
           so
           that
           it
           can
           no
           more
           be
           called
           
             a
             Government
          
           ,
           but
           
             a
             lustful
             Rage
          
           ,
           excercised
           with
           as
           little
           
             right
             Reason
          
           ,
           and
           with
           
             more
             Cruelty
          
           than
           in
           Beasts
           ,
           and
           they
           themselves
           can
           be
           no
           more
           called
           Governours
           ,
           but
           
             publick
             Grassators
          
           ,
           and
           
             publick
             Iudgements
          
           ,
           which
           all
           Men
           ought
           as
           earnestly
           to
           labour
           to
           be
           free
           of
           ,
           as
           of
           Sword
           ,
           Famine
           ,
           or
           Pestilence
           raging
           amongst
           us
           ;
           and
           besides
           ,
           hath
           stopped
           (
           instead
           of
           punishing
           )
           the
           
             Course
             of
             Law
          
           and
           Iustice
           against
           Idolaters
           ,
           Blasphemers
           ,
           Atheists
           ,
           Murderers
           ,
           Incestuous
           and
           Adulterous
           ,
           and
           other
           Malefactors
           ;
           and
           instead
           of
           
             rewarding
             the
             Good
          
           ,
           hath
           made
           Butcheries
           and
           Murthers
           on
           the
           
           Lord's
           People
           ,
           sold
           them
           as
           Slaves
           ,
           Imprisoned
           ,
           For
           faulted
           ,
           Banished
           and
           Fined
           them
           ,
           upon
           no
           other
           account
           ,
           but
           for
           
             maintaining
             the
             Lords
             Right
             to
             rule
             Consciences
             ,
          
           against
           the
           Usurpations
           of
           Men
           ,
           for
           
             fulfilling
             their
             Vows
          
           ,
           and
           repelling
           unjust
           Violence
           ,
           which
           innocent
           Nature
           allows
           to
           all
           ;
           of
           all
           which
           ,
           and
           more
           particulars
           ,
           we
           can
           give
           (
           we
           speak
           as
           before
           God
           )
           innumerable
           and
           sure
           Instances
           :
           Neither
           can
           it
           be
           thought
           that
           there
           is
           hope
           of
           their
           returning
           from
           these
           Courses
           ,
           having
           so
           often
           shewed
           their
           Natures
           and
           Enmities
           against
           God
           and
           
             all
             Righteousness
          
           ,
           and
           so
           often
           declared
           and
           renewed
           their
           Purposes
           and
           Promises
           of
           persevering
           in
           these
           Courses
           .
           And
           ,
           suppose
           they
           should
           
             dissemble
             a
             Repentance
          
           of
           these
           Evils
           ,
           and
           profess
           to
           return
           to
           better
           Courses
           ,
           being
           put
           to
           Straits
           ,
           or
           for
           their
           own
           Ends
           ,
           (
           for
           upon
           no
           other
           account
           can
           we
           reasonably
           expect
           it
           ;
           )
           
           and
           though
           it
           might
           be
           thought
           ,
           that
           there
           
             might
             be
             Pardon
          
           for
           what
           is
           done
           ,
           (
           which
           we
           cannot
           yet
           see
           to
           be
           ,
           without
           the
           violation
           of
           the
           
             Law
             of
             God
          
           ,
           and
           a
           great
           guiltiness
           on
           the
           Land
           ,
           from
           which
           guiltiness
           the
           Land
           can
           never
           be
           free
           ,
           but
           by
           
             executing
             of
             God's
             righteous
             Iudgements
             upon
             them
             ,
          
           for
           omitting
           of
           so
           greatly
           deserved
           ,
           and
           so
           necessarily
           requisite
           a
           Justice
           ;
           )
           yet
           they
           cannot
           be
           believed
           ,
           after
           they
           have
           violated
           all
           Tyes
           that
           Humane
           Wisdom
           can
           devise
           to
           bind
           Men
           ;
           and
           beside
           ,
           there
           will
           be
           something
           of
           Folly
           found
           ,
           to
           think
           to
           
             bind
             a
             King
          
           that
           pretends
           to
           absoluteness
           :
           And
           our
           Fathers
           ,
           or
           rather
           our selves
           ,
           at
           first
           judged
           it
           
             not
             warrantable
             to
             receive
             Him
          
           ,
           without
           consenting
           to
           ,
           and
           swearing
           of
           the
           Covenant
           :
           And
           if
           so
           ,
           the
           renouncing
           and
           disclaming
           thereof
           ,
           we
           ought
           at
           present
           to
           judge
           to
           be
           a
           just
           and
           reasonable
           ground
           of
           
             rejecting
             Him
             upon
             these
             Grounds
          
           ,
           being
           assured
           of
           God's
           approbation
           ,
           and
           Mens
           ,
           whose
           Hearts
           are
           not
           utterly
           byassed
           ,
           and
           their
           Consciences
           altogether
           corrupted
           ,
           and
           knowing
           assuredly
           ,
           that
           the
           
             upholding
             of
             such
          
           ,
           is
           to
           uphold
           Men
           to
           
             bear
             down
             Christ's
             Kingdom
          
           ,
           and
           to
           
             uphold
             Satans
          
           ,
           and
           the
           depriving
           of
           Men
           of
           right
           Government
           and
           good
           Governours
           ,
           to
           the
           ruining
           of
           Religion
           ,
           and
           undoing
           of
           Humane
           Society
           .
           We
           then
           seeing
           the
           innumerable
           Sins
           and
           Snares
           that
           are
           in
           
             giving
             obedience
             to
             their
             Acts
          
           ,
           on
           the
           other
           hand
           ,
           seeing
           if
           we
           shall
           acknowledge
           their
           Authority
           ,
           and
           
             refuse
             Obedience
          
           to
           their
           sinful
           Commands
           ,
           the
           endless
           Miseries
           that
           will
           follow
           ,
           and
           siding
           with
           God
           (
           who
           we
           hope
           will
           accept
           and
           help
           us
           to
           a
           liberation
           from
           their
           Tyranny
           )
           against
           his
           stated
           and
           declared
           Enemies
           ;
           
             do
             reject
             that
             King
             ,
             and
             those
             associate
             with
             him
             ,
             from
             being
             our
             Rulers
             ,
             because
             standing
             in
             the
             way
             of
             our
             Right
             ,
             free
             and
             peaceably
             serving
             of
             God
             ,
             propagating
             his
             Kingdom
             and
             Reformation
             ,
             and
             overthrowing
             Satans
             Kingdom
             ,
             according
             to
             our
             Covenant
          
           ;
           And
           declares
           them
           henceforth
           
             to
             be
             no
             lawful
             Rulers
          
           ,
           as
           they
           have
           declared
           us
           to
           be
           
             no
             lawful
             Subjects
          
           ,
           upon
           a
           ground
           far
           less
           warrantable
           ,
           as
           Men
           unbyassed
           may
           see
           ;
           and
           that
           after
           this
           ,
           we
           neither
           owe
           ,
           nor
           shall
           yield
           any
           
             willing
             Obedience
          
           to
           them
           ,
           but
           shall
           rather
           suffer
           the
           outmost
           of
           their
           Cruelties
           and
           Injustice
           ,
           until
           God
           shall
           
           plead
           our
           Cause
           ,
           and
           that
           upon
           these
           Accounts
           ;
           because
           they
           have
           altered
           and
           destroyed
           the
           Lord's
           established
           Religion
           ,
           overturned
           the
           fundamental
           and
           
             establish'd
             Laws
          
           of
           the
           Kingdom
           ▪
           taken
           altogether
           away
           Christ's
           Church
           and
           Government
           ,
           and
           changed
           the
           Civil
           Government
           of
           this
           Land
           (
           which
           was
           by
           King
           and
           free
           Parliament
           )
           into
           Tyranny
           ,
           where
           none
           are
           associate
           to
           be
           partakers
           of
           the
           Government
           ,
           but
           only
           those
           who
           will
           be
           found
           by
           Justice
           
             to
             be
             Guilty
             of
             Criminals
          
           ,
           and
           all
           others
           excluded
           ,
           even
           those
           who
           by
           the
           Laws
           of
           the
           Land
           by
           Birth
           had
           a
           right
           to
           ,
           and
           a
           share
           in
           that
           Government
           ,
           and
           that
           only
           ,
           because
           not
           of
           the
           
             same
             Guiltiness
          
           and
           
             mischievous
             Purposes
          
           with
           themselves
           :
           And
           also
           ,
           all
           
             free
             elections
          
           of
           Commissioners
           for
           Parliaments
           ,
           and
           Officers
           for
           Government
           ,
           are
           
             made
             void
          
           by
           
             their
             making
          
           those
           the
           Qualifications
           of
           admission
           to
           these
           Places
           ,
           which
           by
           the
           Word
           of
           God
           ,
           and
           the
           Laws
           of
           this
           Land
           ,
           were
           the
           
             cause
             of
             their
             exclusion
             before
          
           ,
           so
           that
           none
           can
           look
           upon
           us
           ,
           or
           judge
           us
           bound
           in
           Allegeance
           to
           them
           .
           unless
           they
           say
           also
           we
           
             are
             bound
             in
             Allegeance
             to
             Devils
             ,
          
           they
           being
           his
           Vicegerents
           ,
           and
           not
           Gods.
           
        
         
           V.
           We
           then
           being
           
             made
             free
          
           ,
           by
           God
           and
           their
           own
           doings
           ,
           he
           giving
           the
           Law
           ,
           and
           they
           giving
           the
           Transgression
           of
           that
           Law
           ,
           which
           is
           the
           cause
           that
           we
           are
           
             loosed
             now
          
           from
           all
           Obligations
           ,
           both
           Divine
           and
           Civil
           to
           them
           ,
           and
           knowing
           that
           no
           Society
           of
           Men
           that
           hath
           
             Corruption
             in
             them
          
           ,
           (
           which
           always
           is
           ready
           to
           beget
           disorders
           and
           do
           injuries
           ,
           unless
           restrained
           and
           punished
           by
           Laws
           and
           Government
           )
           can
           be
           without
           Laws
           and
           Government
           ,
           and
           withal
           desiring
           to
           be
           governed
           in
           
             the
             best
          
           way
           that
           is
           least
           lyable
           to
           Inconveniencies
           and
           Tyranny
           :
           We
           do
           declare
           ,
           that
           we
           shall
           
             set
             up
             over
             our selves
          
           ,
           and
           
             over
             all
             that
             God
             shall
             give
             us
             Power
             ,
          
           Government
           ,
           and
           Governours
           ,
           according
           to
           the
           Word
           of
           God
           ,
           and
           especially
           according
           to
           that
           word
           ,
           Exod.
           18.
           v.
           21.
           
           
             Moreover
             ,
             thou
             shalt
             provide
             out
             of
             all
             the
             People
             ,
             able
             Men
             ,
             such
             as
             fear
             God
             ,
             Men
             of
             Truth
             ,
             hating
             Covetousness
          
           ;
           and
           that
           we
           shall
           no
           more
           
             commit
             the
             Government
          
           of
           our selves
           ,
           and
           the
           making
           of
           Laws
           for
           us
           ,
           to
           
             any
             one
             single
             Person
          
           ,
           and
           
             lineal
             Successor
          
           ,
           we
           not
           being
           tied
           as
           the
           Iews
           were
           by
           
           God
           ,
           to
           one
           Family
           ,
           Government
           not
           being
           an
           Inheritance
           ,
           but
           an
           Office
           ,
           which
           must
           be
           squared
           ,
           not
           to
           the
           
             Interest
             and
             Lust
          
           of
           a
           Man
           ,
           but
           to
           
             the
             good
          
           of
           the
           Commonwealth
           ,
           and
           this
           kind
           of
           Government
           by
           a
           single
           Person
           ,
           &c.
           being
           most
           liable
           to
           Inconveniencies
           ,
           (
           as
           sad
           and
           long
           experience
           may
           now
           teach
           us
           ,
           )
           and
           aptest
           
             to
             Degenenate
          
           into
           Tyranny
           .
           Moreover
           ,
           we
           declare
           that
           these
           Men
           whom
           we
           shall
           set
           over
           us
           ,
           shall
           be
           ingaged
           to
           govern
           us
           principally
           by
           that
           Civil
           or
           Judicial
           Law
           ,
           given
           by
           God
           to
           his
           People
           of
           Israel
           ,
           especially
           
             in
             matters
             of
             Life
             and
             Death
             ,
          
           and
           in
           all
           other
           things
           also
           ,
           so
           far
           as
           they
           teach
           ,
           excepting
           only
           that
           Law
           ,
           (
           viz.
           anent
           Slaves
           ,
           )
           which
           does
           not
           agree
           with
           that
           Christian
           Liberty
           established
           in
           all
           Christendom
           ,
           (
           only
           violated
           by
           
             our
             Tyrants
          
           ,
           and
           some
           others
           of
           late
           ,
           )
           and
           that
           of
           Divorces
           and
           Poligamy
           ;
           the
           one
           being
           not
           a
           Law
           ,
           but
           a
           Permission
           granted
           upon
           the
           account
           of
           the
           hardness
           of
           their
           Hearts
           ,
           the
           other
           being
           a
           
             Sinful
             Custom
          
           contrair
           to
           the
           first
           institution
           of
           Marriage
           ,
           crept
           in
           into
           the
           Church
           :
           We
           know
           that
           Men
           of
           Malignant
           and
           perverse
           Spirits
           ,
           that
           has
           not
           a
           
             higher
             God
          
           than
           a
           
             wicked
             King
          
           ,
           which
           suits
           only
           with
           their
           
             lustful
             licentiousness
          
           ,
           and
           it
           may
           be
           others
           with
           them
           that
           seemed
           to
           be
           of
           better
           Principles
           ,
           will
           raise
           an
           
             ignorant
             Clamour
          
           upon
           this
           ,
           that
           it
           is
           a
           Fifth-Monarchy
           ;
           and
           we
           Fifth-Monarchy-men
           ,
           and
           will
           labour
           to
           amuse
           the
           People
           with
           
             strange
             Terms
          
           ,
           and
           put
           
             odious
             names
          
           on
           
             good
             things
          
           to
           make
           them
           hateful
           ,
           as
           their
           way
           is
           ;
           but
           if
           this
           be
           their
           Fifth-Monarchy
           ,
           we
           both
           are
           ,
           and
           ought
           to
           be
           such
           ,
           and
           that
           according
           to
           his
           word
           .
        
         
           VI.
           It
           being
           the
           
             work
             of
             the
             Ministers
             of
             the
             Gospel
             ,
          
           to
           preach
           ,
           propagate
           ,
           and
           defend
           the
           Kingdom
           of
           God
           ,
           and
           to
           preserve
           the
           Doctrine
           ,
           Worship
           ,
           Discipline
           ,
           Government
           ,
           Liberties
           and
           Priviledges
           of
           the
           same
           ,
           from
           
             all
             Corruptions
             and
             Incroachments
             of
             Rulers
             ,
          
           and
           all
           others
           .
           And
           seeing
           ▪
           that
           the
           Ministers
           of
           the
           Church
           of
           Scotland
           ,
           (
           at
           least
           the
           greatest
           part
           of
           them
           before
           )
           not
           only
           were
           defective
           in
           Preaching
           and
           Testifying
           against
           the
           
             Acts
             of
             these
             Rulers
          
           ,
           for
           overthrowing
           Religion
           and
           Reformation
           ,
           abjuring
           our
           Covenant
           made
           with
           God
           ,
           establishing
           a
           Government
           in
           the
           Church
           ,
           which
           that
           King
           calls
           
             his
             own
             Government
          
           ,
           
           (
           and
           so
           
             not
             God's
          
           ,
           )
           contrair
           to
           
             our
             Covenant
          
           ;
           Against
           inacting
           of
           that
           Blasphemous
           (
           so
           Calvin
           calls
           that
           Supremacy
           of
           Henry
           the
           Eighth
           ,
           upon
           which
           this
           Prerogative
           is
           founded
           ,
           and
           from
           which
           it
           is
           derived
           ,
           and
           is
           no
           less
           ,
           if
           not
           more
           jnjurious
           to
           Christ
           ,
           and
           inslaving
           to
           his
           Church
           ,
           )
           and
           
             Sacrilegious
             Prerogative
          
           given
           to
           a
           King
           over
           the
           Church
           of
           God
           ,
           and
           against
           
             the
             other
             Acts
             and
             Incroachments
          
           of
           His
           Church
           ,
           and
           hindred
           others
           also
           who
           were
           willing
           ▪
           and
           would
           have
           testified
           against
           them
           ,
           and
           
             censured
             some
          
           that
           did
           it
           ,
           (
           for
           which
           ,
           together
           with
           the
           other
           Causes
           in
           their
           Trust
           and
           Administration
           ,
           we
           may
           say
           ,
           
             God
             hath
             left
             them
             to
             do
             worse
             things
          
           ;
           )
           but
           also
           hath
           voted
           in
           that
           Meeting
           ,
           (
           which
           they
           are
           pleased
           to
           call
           an
           
             Assembly
             of
             Ministers
          
           ,
           but
           how
           justly
           ,
           let
           Men
           judge
           ,
           )
           an
           
             Acceptation
             of
             that
             Liberty
          
           ,
           founded
           upon
           ,
           and
           given
           by
           vertue
           of
           that
           
             blasphemously
             arrogated
             and
             usurped
             Power
          
           ;
           and
           hath
           appeared
           before
           their
           Courts
           to
           accept
           of
           that
           Liberty
           ,
           and
           to
           be
           enacted
           and
           authorized
           there
           as
           Ministers
           ,
           and
           so
           hath
           willingly
           (
           for
           this
           is
           an
           elicit
           Act
           of
           the
           Will
           ,
           and
           not
           an
           Act
           of
           Force
           and
           Constraint
           )
           translated
           the
           Power
           of
           sending
           out
           ,
           ordering
           ,
           censuring
           ,
           (
           for
           as
           they
           
             accept
             of
             their
             Liberty
          
           ▪
           from
           them
           ,
           so
           they
           
             submit
             to
             their
             Censures
             and
             Restraints
             ,
          
           at
           least
           all
           of
           them
           who
           were
           yet
           tried
           with
           it
           ,
           and
           others
           of
           them
           appeared
           and
           acknowledged
           before
           their
           Courts
           ,
           that
           they
           
             would
             not
             have
             done
             these
             things
             that
             they
             were
             charged
             with
             ,
             if
             they
             had
             thought
             it
             would
             have
             offended
             them
             ,
          
           )
           Ministers
           departing
           from
           the
           
             Court
             of
             Christ
          
           ,
           and
           subjection
           to
           the
           Ministry
           ,
           to
           the
           
             Courts
             of
             Men
          
           ,
           and
           subjection
           to
           the
           Magistrate
           ,
           (
           which
           had
           been
           impious
           and
           injurious
           to
           Christ
           and
           
             His
             Church
          
           ,
           though
           they
           had
           been
           
             Righteous
             and
             Lawful
             Rulers
          
           ,
           )
           and
           by
           their
           changing
           of
           Courts
           (
           according
           to
           common
           Law
           )
           hath
           
             changed
             their
             Masters
          
           ,
           and
           of
           the
           
             Ministers
             of
             Christ
          
           are
           become
           the
           
             Ministers
             of
             Men
          
           ,
           and
           bound
           to
           answer
           to
           them
           as
           oft
           as
           they
           will
           ;
           and
           as
           by
           the
           acceptation
           of
           this
           Liberty
           in
           such
           manner
           ,
           they
           have
           Translated
           the
           Power
           ,
           so
           they
           have
           given
           up
           and
           utterly
           quit
           the
           Government
           ,
           and
           a
           
             succession
             of
             a
             Presbyterian
             Ministry
          
           ;
           for
           as
           these
           were
           not
           granted
           them
           of
           their
           Masters
           ,
           so
           they
           Exercise
           their
           Ministry
           
             without
             them
          
           ,
           and
           so
           by
           this
           ,
           as
           
           the
           Ecclesiastick-Government
           is
           swallowed
           up
           in
           the
           Civil
           ,
           (
           if
           the
           rest
           had
           followed
           them
           )
           the
           Ministry
           should
           have
           also
           been
           extinct
           with
           themselves
           ,
           and
           the
           whole
           
             Work
             of
             Reformation
             had
             been
             buried
             in
             Oblivion
             ,
          
           not
           so
           much
           as
           the
           remembrance
           of
           it
           kept
           up
           :
           These
           ,
           together
           with
           the
           other
           of
           their
           Commissions
           in
           Preaching
           ,
           the
           
             lawfulness
             of
             paying
             that
             Tribute
          
           declared
           to
           be
           imposed
           for
           the
           bearing
           down
           of
           the
           true
           Worship
           of
           God
           ,
           (
           which
           they
           falsly
           termed
           
             Seditious
             Conventicles
          
           ,
           )
           and
           their
           advising
           these
           poor
           Prisoners
           to
           subscribe
           the
           Bond
           ,
           and
           consequently
           could
           not
           but
           so
           advise
           all
           others
           ,
           if
           put
           to
           it
           ,
           (
           for
           the
           hazard
           that
           Men
           were
           in
           ,
           will
           not
           make
           a
           real
           change
           of
           the
           morality
           of
           that
           Action
           ,
           )
           and
           beside
           ,
           the
           rest
           may
           be
           put
           to
           it
           upon
           the
           same
           hazard
           ,
           and
           so
           if
           the
           
             one
             should
             advise
          
           ,
           (
           which
           consequently
           they
           must
           do
           ,
           )
           and
           the
           
             other
             should
             subscribe
          
           ,
           this
           would
           altogether
           close
           that
           door
           which
           the
           Lord
           hath
           made
           use
           of
           in
           all
           the
           Churches
           of
           Europe
           ,
           for
           casting
           off
           the
           
             Yoke
             of
             the
             Whore
          
           ,
           and
           restoring
           the
           
             Truth
             and
             Purity
          
           of
           Religion
           and
           Reformation
           ,
           and
           freedom
           of
           the
           Churches
           ,
           and
           should
           have
           stopped
           all
           ingress
           for
           Men
           ,
           when
           once
           brought
           under
           Tyranny
           ,
           to
           recover
           their
           Liberty
           again
           .
           These
           Ministers
           then
           ,
           
             not
             being
             followers
             of
             Christ
          
           ,
           who
           before
           
             Pontius
             Pilate
          
           ,
           gave
           a
           good
           Confession
           ,
           which
           was
           ,
           that
           he
           was
           a
           King
           ;
           and
           no
           King
           ,
           if
           he
           have
           not
           power
           to
           order
           his
           House
           and
           Subjects
           ,
           and
           they
           
             not
             following
             him
          
           ,
           nor
           his
           Ministers
           ,
           if
           not
           asserting
           and
           maintaining
           of
           this
           Kingly
           Power
           ,
           against
           all
           Incroachers
           and
           Usurpers
           of
           it
           ;
           and
           besides
           ,
           we
           being
           commanded
           ,
           
             If
             any
             Brother
             walk
             disorderly
             ,
             from
             such
             to
             withdraw
          
           ;
           and
           although
           in
           the
           capacity
           we
           now
           are
           in
           ,
           we
           neither
           have
           ,
           nor
           assume
           to
           our selves
           Authority
           to
           give
           our
           definite
           and
           authoritative
           Sentences
           of
           Deposition
           and
           Suspension
           against
           these
           Ministers
           ;
           yet
           we
           declare
           ,
           which
           is
           proper
           for
           us
           to
           do
           ,
           that
           
             we
             neither
             can
          
           ,
           nor
           
             will
             bear
             Preaching
          
           ,
           nor
           
             receive
             Sacraments
          
           from
           these
           Ministers
           that
           hath
           accepted
           of
           ,
           and
           voted
           for
           that
           Liberty
           ;
           and
           declares
           all
           who
           have
           encouraged
           and
           strengthened
           their
           Hands
           ,
           by
           hearing
           and
           pleading
           for
           them
           ,
           all
           those
           who
           have
           traffiqued
           for
           an
           union
           with
           them
           ,
           without
           their
           renouncing
           and
           repenting
           of
           these
           things
           ,
           all
           those
           
           that
           do
           not
           
             testifie
             faithfully
          
           against
           them
           ,
           and
           after
           do
           not
           deport
           themselves
           suitably
           to
           their
           Testimonies
           ,
           and
           all
           who
           joyn
           not
           in
           publick
           with
           their
           Brethren
           ,
           who
           are
           testifying
           against
           them
           ;
           we
           declare
           ,
           that
           we
           shall
           not
           
             hear
             them
             Preach
          
           ,
           nor
           
             receive
             Sacraments
          
           from
           them
           ,
           at
           least
           ,
           till
           they
           stand
           in
           Judgment
           before
           these
           Ministers
           ,
           and
           be
           judged
           by
           them
           who
           have
           followed
           the
           Lord
           ,
           and
           kept
           themselves
           free
           of
           these
           Defections
           :
           And
           as
           our
           Hearts
           hath
           cleaved
           to
           these
           Ministers
           ,
           while
           they
           were
           on
           the
           Lord's
           side
           ,
           and
           subjected
           our selves
           to
           them
           ,
           so
           we
           shall
           still
           cleave
           to
           
             those
             that
          
           abide
           following
           him
           ,
           and
           shall
           be
           subject
           to
           them
           in
           the
           Lord.
           
        
         
           VII
           .
           Then
           we
           do
           declare
           and
           acknowledge
           ,
           that
           a
           Gospel-Ministry
           ,
           is
           a
           standing
           Ordinance
           of
           God
           ,
           appointed
           by
           Christ
           ,
           to
           continue
           in
           the
           Church
           ,
           until
           the
           end
           of
           the
           World
           ;
           and
           that
           none
           of
           us
           shall
           take
           upon
           him
           the
           preaching
           of
           the
           word
           ,
           or
           administring
           the
           Sacraments
           ,
           unless
           called
           ,
           and
           ordained
           thereto
           ,
           by
           the
           Ministers
           of
           the
           Gospel
           :
           And
           as
           we
           declare
           that
           we
           are
           for
           a
           standing
           Gospel-Ministry
           ,
           rightly
           chosen
           ,
           and
           rightly
           ordained
           ,
           so
           we
           declare
           ,
           that
           we
           shall
           go
           about
           this
           work
           in
           time
           to
           come
           ,
           with
           more
           Fasting
           and
           Praying
           ,
           and
           more
           careful
           Inspection
           into
           the
           Conversation
           and
           Holiness
           of
           these
           Men
           that
           shall
           be
           chosen
           and
           ordained
           ,
           the
           want
           of
           which
           formerly
           ,
           hath
           been
           a
           great
           sin
           ,
           both
           in
           Ministers
           and
           People
           ,
           which
           hath
           not
           been
           the
           least
           cause
           of
           this
           Defection
           .
        
      
       
         
         
           THE
           Declaration
           and
           Testimony
           OF
           THE
           
             True-Presbyterian
             ,
             Anti-Prelatick
          
           ,
           and
           
             Anti-Erastian
             ,
             Persecuted-Party
          
           in
           SCOTLAND
           .
        
         
           IT
           is
           not
           amongst
           the
           smallest
           of
           the
           Lords
           Mercies
           to
           this
           poor
           Land
           ,
           that
           there
           hath
           always
           been
           some
           who
           hath
           given
           a
           Testimony
           of
           
             every
             course
             of
             Defection
          
           which
           we
           were
           guilty
           of
           ,
           which
           is
           a
           
             token
             for
             Good
          
           ,
           that
           he
           does
           not
           as
           yet
           intend
           to
           cast
           us
           off
           altogether
           ,
           but
           that
           He
           will
           
             leave
             a
             remnant
          
           ,
           in
           whom
           
             He
             will
             be
             glorious
          
           ,
           if
           they
           (
           through
           His
           Grace
           )
           keep
           themselves
           clean
           still
           ,
           and
           walk
           in
           His
           Way
           and
           Method
           ,
           as
           it
           hath
           been
           walked
           in
           ,
           and
           owned
           by
           Him
           in
           our
           Predecessors
           (
           of
           truly
           worthy
           Memory
           )
           their
           time
           ,
           in
           their
           
             carrying
             on
             our
             noble
             Work
             of
             Reformation
             ,
          
           in
           the
           several
           steps
           thereof
           ,
           
             from
             Popery
             and
             Prelacy
          
           ,
           and
           likewise
           from
           Erastian-Supremacy
           ,
           so
           much
           usurped
           by
           him
           ,
           who
           it
           is
           true
           (
           so
           far
           as
           we
           know
           )
           is
           descended
           from
           the
           Race
           of
           our
           Kings
           ;
           yet
           he
           hath
           so
           far
           deborded
           from
           what
           he
           ought
           to
           have
           been
           ,
           by
           
             Perjury
             and
             Vsurpation
             in
             Church
             Matters
             ,
          
           and
           
             Tyranny
             in
             Matters
             Civil
          
           ,
           as
           is
           known
           by
           the
           whole
           Land
           ,
           that
           we
           have
           just
           reason
           to
           believe
           ,
           that
           one
           of
           the
           
             Lords
             great
             Controversies
          
           against
           us
           is
           ,
           that
           
             we
             have
             not
             disowned
             him
          
           ,
           and
           
             the
             Men
             of
             his
             Practices
          
           ,
           whether
           inferiour
           Magistrates
           ,
           or
           any
           others
           ,
           as
           
             Enemies
             
             to
             our
             Lord
             and
             His
             Crown
             ,
          
           and
           the
           
             True-Protestant
             ▪
             and
             Presbyterian
             Interest
             in
             their
             hands
             ,
             our
             Lords
             espoused
             Bride
             and
             Church
             .
          
           Therefore
           ,
           although
           we
           be
           for
           Government
           and
           Governours
           ,
           
             such
             as
             the
             Word
             of
             God
             ,
             and
             our
             Covenants
             allows
             ,
          
           yet
           we
           for
           our selves
           ,
           and
           all
           that
           will
           adhere
           to
           us
           ,
           as
           the
           Representatives
           of
           the
           
             True
             Presbyterian
             Church
          
           ,
           and
           covenanted
           Nation
           of
           Scotland
           ,
           considering
           the
           great
           hazard
           of
           lying
           under
           such
           a
           sin
           ,
           do
           by
           these
           presents
           Disown
           
             Charles
             Stuart
          
           ,
           who
           hath
           been
           reigning
           ,
           or
           rather
           (
           we
           may
           say
           )
           tyrannizing
           on
           the
           Throne
           of
           Scotland
           ,
           or
           Government
           thereof
           ,
           (
           for
           faulted
           several
           years
           since
           by
           his
           Perjury
           and
           
             breach
             of
             Covenant
          
           with
           God
           and
           His
           Church
           ,
           )
           and
           Usurpation
           of
           his
           Crown
           and
           Royal
           Prerogatives
           therein
           ,
           and
           many
           other
           breaches
           in
           matters
           Ecclesiastick
           ,
           and
           by
           his
           Tyranny
           and
           breach
           of
           the
           very
           
             Leges
             Regnandi
          
           in
           matters
           Civil
           ;
           for
           which
           Reasons
           ,
           we
           declare
           ,
           
             That
             several
             years
             since
             he
             should
             have
             been
             denuded
             of
             being
             King
             ,
             Ruler
             ,
             or
             Magistrate
             ,
             or
             having
             any
             Power
             to
             act
             ,
             or
             to
             be
             obeyed
             as
             such
             :
          
           As
           also
           ,
           being
           under
           the
           Standard
           of
           Christ
           ,
           Captain
           of
           Salvation
           ,
           we
           
             declare
             War
          
           against
           such
           a
           Tyrant
           and
           Usurper
           ,
           and
           all
           the
           Men
           of
           his
           Practices
           ,
           as
           Enemies
           to
           our
           Lord
           Jesus
           Christ
           ,
           His
           
             Cause
             and
             Covenants
          
           ,
           and
           against
           all
           such
           as
           have
           strengthened
           him
           ,
           sided
           with
           him
           ,
           or
           any
           ways
           acknowledged
           him
           in
           his
           Usurpation
           and
           Tyranny
           ,
           Civil
           and
           Ecclesiastick
           ,
           yea
           ,
           and
           against
           all
           such
           as
           shall
           strengthen
           ,
           side
           with
           ,
           or
           any
           ways
           acknowledge
           any
           other
           in
           the
           like
           Usurpation
           and
           Tyranny
           ,
           far
           more
           against
           such
           as
           would
           betray
           or
           
             deliver
             up
          
           our
           free
           Reformed
           Mother
           Church
           ,
           into
           the
           Bondage
           of
           Antichrist
           ,
           the
           Pope
           of
           Rome
           .
        
         
           By
           this
           we
           Homologat
           the
           Testimony
           given
           at
           Rutherglen
           ,
           the
           twenty
           ninth
           of
           May
           ,
           1679.
           and
           all
           the
           faithful
           Testimonies
           of
           those
           that
           have
           gone
           before
           us
           ,
           as
           of
           those
           also
           that
           have
           suffered
           of
           late
           ;
           and
           we
           do
           disclaim
           that
           Declaration
           published
           at
           
             Hamiltoun
             ,
             Iune
          
           1679.
           chiefly
           ,
           because
           it
           takes
           in
           the
           Kings
           Interest
           ,
           which
           we
           are
           several
           years
           since
           
             loosed
             from
          
           ,
           because
           of
           the
           foresaid
           Reasons
           ,
           and
           others
           ,
           which
           may
           after
           this
           (
           if
           the
           Lord
           will
           )
           be
           published
           .
           As
           also
           ,
           we
           disown
           ,
           and
           by
           this
           resents
           the
           reception
           
           of
           the
           Duke
           of
           York
           ,
           a
           profest
           Papist
           ,
           as
           repugnant
           to
           our
           Principles
           and
           Vows
           to
           the
           most
           High
           God
           ,
           and
           as
           that
           which
           is
           the
           great
           (
           though
           alace
           too
           just
           )
           reproach
           of
           our
           Church
           and
           Nation
           :
           We
           also
           ,
           by
           this
           ,
           
             protest
             against
             his
             succeeding
             to
             the
             Crown
             ,
          
           and
           whatever
           hath
           been
           done
           ,
           or
           any
           are
           essaying
           to
           do
           in
           this
           Land
           (
           given
           to
           the
           Lord
           )
           in
           prejudice
           to
           our
           Work
           of
           Reformation
           .
        
         
           And
           to
           conclude
           ,
           We
           hope
           none
           will
           blame
           us
           for
           ,
           or
           offend
           at
           ,
           our
           rewarding
           those
           that
           are
           against
           us
           ,
           as
           they
           have
           done
           to
           us
           ,
           as
           the
           Lord
           gives
           the
           opportunity
           .
           This
           is
           not
           to
           exclude
           any
           that
           hath
           declined
           ,
           if
           they
           be
           willing
           to
           give
           satisfaction
           to
           the
           degree
           of
           their
           offence
           .
        
         
           
             
               Given
               at
            
             Sanqhuair
             ,
             
               Iune
               22.
               1680.
               
            
          
           
             These
             are
             the
             True
             and
             Exact
             Copies
             of
             the
          
           Fanaticks
           New
           Covenant
           and
           Declaration
           ;
           
             Collationed
             with
             the
             Originals
             ,
             which
             are
             kept
             amongst
             the
             Records
             of
             His
             Majesties
             Privy-Council
             ;
             and
             attested
             by
          
           Al.
           Gibson
           ,
           
             Cl.
             Sti.
             Concilii
          
           .
           And
           Will.
           Paterson
           ,
           
             Cl.
             Sti.
             Concilii
          
           .
        
      
       
         
         
           A
           Blasphemous
           and
           Treasonable
           PAPER
           ,
           Emitted
           by
           the
           Phanatical
           Undersubscribers
           ,
           On
           May
           1.
           1681.
           
        
         
           According
           to
           the
           Original
           lying
           in
           the
           hands
           of
           the
           Clerks
           of
           His
           Majesties
           Most
           Honourable
           
             Privy
             Council
          
           .
        
         
           WE
           undersubscribers
           ,
           now
           Prisoners
           for
           the
           truth
           in
           the
           Cannongate
           Tolbuith
           ,
           though
           most
           vile
           ,
           yet
           it
           pleased
           the
           Holy
           Ghost
           to
           work
           on
           our
           Spirits
           of
           a
           time
           past
           ,
           in
           clearing
           causes
           of
           wrath
           ,
           and
           shewing
           us
           duty
           from
           day
           to
           day
           ,
           that
           now
           in
           some
           time
           past
           we
           are
           ,
           and
           have
           been
           called
           Mad
           men
           and
           Devils
           ,
           and
           now
           there
           is
           none
           in
           the
           Kingdom
           ,
           in
           Prison
           ,
           or
           out
           of
           Prison
           that
           we
           can
           converse
           with
           as
           Christians
           .
           And
           yesterday
           being
           the
           26
           day
           of
           the
           5
           th
           Moneth
           ,
           it
           seemed
           good
           to
           the
           Holy
           Ghost
           and
           to
           us
           ,
           to
           take
           out
           of
           
           our
           Bibles
           the
           Psalms
           in
           meeter
           for
           several
           causes
           mentioned
           afterwards
           ,
           for
           the
           Book
           of
           the
           Revelation
           says
           ,
           
             if
             any
             Man
             should
             add
             unto
             these
             things
             ,
             God
             shall
             add
             unto
             him
             the
             Plagues
             which
             are
             written
             in
             this
             Book
          
           ;
           and
           we
           did
           Burn
           them
           in
           our
           Prison-house
           ,
           and
           sweep
           away
           the
           Ashes
           .
           Likewise
           ,
           in
           the
           Holy
           Scriptures
           ,
           we
           renounce
           Chapters
           and
           Verses
           ,
           and
           Contents
           ,
           because
           it
           is
           only
           done
           by
           Humane
           Wisdom
           ,
           and
           the
           changing
           of
           the
           Books
           after
           the
           Holy
           Ghost
           had
           placed
           them
           :
           we
           being
           pressed
           to
           this
           work
           by
           the
           Holy
           Ghost
           ,
           do
           renounce
           the
           Impression
           and
           Translation
           of
           both
           the
           Old
           and
           New
           Testaments
           ,
           and
           that
           for
           additions
           put
           unto
           them
           by
           Men
           ,
           and
           other
           causes
           ;
           as
           first
           ,
           putting
           in
           horrid
           Blasphemy
           ,
           making
           a
           Tyrant
           Patron
           of
           the
           Church
           ,
           when
           the
           Scriptures
           holds
           of
           none
           but
           of
           God
           ,
           and
           needs
           no
           Patronage
           from
           any
           King
           ,
           Prince
           ,
           or
           Rulers
           ,
           and
           the
           writing
           of
           that
           Blasphemous
           ,
           Sacrilegious
           ,
           (
           as
           some
           call
           it
           )
           the
           Epistle
           Dedicatory
           ,
           filled
           with
           such
           Language
           ,
           as
           
             Dread
             Sovereign
             Highness
             ,
             most
             High
             and
             Mighty
             ,
             most
             Sacred
             Majesty
          
           ;
           and
           likewise
           the
           horrid
           unparallell'd
           Blasphemy
           ,
           making
           a
           Triangle
           with
           these
           Hebrew
           Letters
           in
           it
           thus
           ,
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           Iehovah
           ,
           representing
           the
           Trinity
           ;
           and
           likewise
           putting
           in
           horrid
           Pictures
           in
           several
           places
           of
           the
           Holy
           Scripture
           ,
           and
           likewise
           drawing
           scores
           betwixt
           the
           Books
           of
           the
           Bible
           ,
           and
           other
           superfluous
           Traditions
           .
           Likewise
           we
           renounce
           the
           Catechisms
           Larger
           and
           Shorter
           ,
           and
           Confession
           of
           Faith
           ,
           against
           which
           we
           have
           many
           causes
           ;
           one
           cause
           is
           ,
           in
           the
           23
           Chap.
           for
           the
           Scripture
           proofs
           that
           they
           cite
           ,
           proves
           the
           contrary
           of
           that
           they
           write
           .
           We
           renounce
           the
           Acts
           of
           the
           General
           Assembly
           ,
           and
           all
           the
           Covenants
           ,
           and
           acknowledging
           of
           Sins
           and
           engagement
           to
           Duties
           ,
           and
           that
           which
           they
           call
           Preaching
           Books
           ,
           and
           all
           their
           works
           ,
           way
           ,
           form
           ,
           and
           manner
           of
           Worship
           ,
           Doctrine
           ,
           Discipline
           ,
           and
           Government
           ,
           and
           the
           studying
           on
           their
           Books
           ,
           the
           thing
           they
           call
           their
           Preaching
           ,
           for
           instead
           of
           going
           to
           God
           for
           his
           mind
           to
           the
           People
           ,
           they
           go
           to
           their
           Books
           ,
           and
           so
           makes
           their
           Books
           their
           God
           and
           their
           leader
           ,
           and
           so
           all
           following
           that
           way
           ,
           go
           to
           Hell
           together
           :
           The
           cause
           of
           this
           is
           ,
           we
           find
           none
           of
           their
           works
           but
           they
           are
           
           like
           themselves
           ,
           Carnal
           and
           Corrupt
           ,
           according
           to
           that
           Scripture
           ,
           
             Hate
             the
             Garment
             spotted
             with
             the
             Flesh.
          
           We
           renounce
           the
           limiting
           of
           the
           Lord's
           Mind
           by
           Glasses
           ,
           and
           their
           ordination
           of
           Men
           only
           Learned
           ,
           and
           their
           saying
           ,
           that
           Learning
           is
           the
           essential
           of
           a
           Minister
           without
           grace
           .
           Likewise
           ,
           we
           renounce
           their
           manner
           of
           renewing
           Covenants
           ,
           pressing
           Mens
           Consciences
           to
           take
           a
           Covenant
           ,
           and
           by
           so
           doing
           has
           filled
           the
           Kirk
           and
           State
           with
           Tyrants
           and
           incarnate
           Devils
           ,
           as
           we
           find
           this
           day
           ,
           they
           knew
           the
           Men
           to
           have
           no
           marks
           of
           grace
           ,
           but
           on
           the
           other
           hand
           ,
           to
           be
           prophane
           ,
           as
           them
           they
           call
           King
           and
           Rulers
           ,
           Captains
           and
           Comanders
           in
           State
           and
           Armies
           ,
           and
           all
           Kirk
           Officers
           whom
           we
           call
           Tyrants
           and
           Iudas's
           ,
           for
           by
           so
           doing
           they
           have
           corrupted
           both
           Kirk
           and
           State
           ,
           as
           this
           day
           Kirk
           Men
           and
           States
           Men
           ,
           whom
           we
           call
           Iudas's
           and
           Tyrants
           ,
           are
           studying
           in
           opposition
           to
           Holiness
           and
           the
           work
           of
           Reformation
           ,
           who
           entred
           in
           by
           these
           same
           Covenants
           ,
           are
           now
           pursuing
           our
           lives
           for
           a
           Christian
           walk
           .
           And
           likewise
           ,
           we
           renounce
           the
           Covenant
           taken
           at
           Queensferry
           ,
           commonly
           called
           
           Cargil's
           Covenant
           ,
           and
           likewise
           Hamiltown
           Declaration
           ,
           yea
           ,
           and
           Sanquhare
           Declaration
           ,
           because
           they
           may
           and
           has
           owned
           these
           ,
           and
           are
           owning
           these
           ,
           who
           are
           Enemies
           to
           Holiness
           ,
           and
           were
           Enemies
           to
           us
           ,
           as
           some
           of
           them
           said
           ,
           we
           should
           suffer
           Kirk
           Censure
           for
           giving
           over
           the
           old
           Apostat
           Ministers
           to
           the
           Devil
           ,
           and
           some
           of
           them
           counted
           us
           their
           Enemies
           for
           the
           truths
           sake
           ,
           and
           sent
           us
           word
           they
           would
           protest
           against
           us
           ,
           and
           so
           we
           justifie
           our
           Lord
           in
           breaking
           them
           at
           Airds
           Moss
           ,
           we
           justifie
           the
           Lord
           likewise
           ,
           in
           taking
           away
           that
           they
           call
           Field-Preachings
           ,
           or
           mockings
           ,
           because
           they
           were
           nothing
           but
           Rebellion
           against
           the
           High
           Lord
           ,
           as
           we
           find
           now
           when
           our
           Lord
           is
           come
           to
           the
           Cross
           ,
           there
           is
           neither
           Minister
           nor
           People
           to
           bide
           by
           him
           ,
           of
           the
           many
           Thousands
           has
           flocked
           to
           the
           thing
           they
           call
           Preachings
           or
           mockings
           ,
           and
           therefore
           now
           all
           are
           found
           void
           of
           saving
           Grace
           ,
           and
           so
           we
           see
           that
           word
           is
           accomplished
           ,
           
             Strait
             and
             narrow
             is
             the
             way
             that
             leadeth
             unto
             Life
             ,
             and
             few
             there
             be
             that
             find
             it
          
           :
           And
           that
           other
           word
           ,
           
             many
             shall
             strive
             and
             shall
             not
             be
             able
             .
          
           We
           finding
           all
           former
           Actions
           to
           be
           such
           as
           Devils
           has
           and
           can
           
           creep
           in
           at
           (
           as
           Declarations
           and
           Covenants
           )
           and
           get
           the
           name
           of
           Saints
           :
           Therefore
           ,
           this
           day
           it
           seemed
           good
           to
           the
           Holy
           Ghost
           and
           to
           us
           ,
           to
           renounce
           and
           burn
           the
           former
           Covenants
           and
           Declarations
           ,
           because
           they
           are
           not
           strait
           enough
           according
           to
           Scripture
           ,
           and
           all
           their
           Works
           such
           like
           ,
           and
           therefore
           we
           will
           own
           none
           of
           their
           Works
           ,
           till
           it
           please
           the
           Lord
           to
           give
           us
           teaching
           from
           himself
           .
           By
           this
           all
           may
           know
           and
           understand
           ,
           we
           overturn
           ,
           and
           formally
           burns
           all
           the
           former
           Works
           of
           the
           Clergy
           of
           Scotland
           ,
           and
           throughout
           all
           the
           whole
           World
           ,
           that
           are
           in
           opposition
           to
           Holiness
           ,
           dated
           the
           6
           th
           day
           of
           the
           Week
           ,
           being
           the
           27.
           of
           the
           5
           th
           Month
           ,
           1681.
           about
           Mid-day
           .
        
         
           We
           renounce
           and
           decline
           all
           Authority
           throughout
           the
           World
           ,
           and
           all
           that
           are
           in
           Authority
           ,
           and
           all
           their
           Acts
           and
           Edicts
           ,
           from
           the
           Tyrant
           
             Charles
             Stuart
          
           ,
           to
           the
           lowest
           Tyrant
           ,
           and
           burns
           them
           the
           same
           day
           ,
           being
           the
           6
           th
           day
           of
           the
           week
           ,
           the
           27
           day
           of
           the
           5
           th
           Month
           ,
           1681.
           at
           Cannongate
           Tolbuith
           Iron-house
           .
        
         
           We
           renounce
           the
           names
           of
           Months
           ,
           as
           
             Ianuary
             ,
             February
             ,
             March
             ,
             April
             ,
             May
             ,
             Iune
             ,
             Iuly
             ,
             August
             ,
             September
             ,
             October
             ,
             November
             ,
             December
             .
             Sunday
             ,
             Monday
             ,
             Tuesday
             ,
             Wednesday
             ,
             Thursday
             ,
             Friday
             ,
             Saturday
             .
             Martimas
             ,
             Holydays
             ,
          
           for
           there
           is
           none
           holy
           but
           the
           
             Sabbath
             day
             .
             Lambmas
             day
             ,
             Whitsunday
             ▪
             Candlemas
             ,
             Beltan
             ,
             Cross
             stones
             ,
          
           and
           
             Images
             ,
             Fairs
          
           named
           by
           Saints
           ,
           and
           all
           the
           remnants
           of
           Popery
           ,
           Tool
           or
           Christmas
           ,
           old
           Wives
           Fables
           and
           By-words
           ,
           as
           
             Palmsunday
             ,
             Carlinesunday
          
           ,
           the
           29
           th
           of
           May
           ,
           being
           dedicat
           by
           this
           Generation
           to
           Prophanity
           ,
           
             Peacesunday
             ,
             Halloweven
             ,
             Hogmynae
          
           night
           ,
           Valentins
           even
           ;
           no
           Marrying
           in
           the
           Month
           they
           call
           May
           ,
           the
           innumerable
           Relicts
           of
           Popery
           ,
           Atheism
           and
           Sorcery
           ,
           and
           
             New
             years
          
           day
           ,
           and
           Hansell-Monday
           ,
           Dredgies
           and
           Likewakes
           ,
           Valenteins
           Fair
           ,
           Chappels
           and
           Chaplains
           :
           likewise
           
             Sabbath
             days
          
           Feastings
           ,
           Blythmeats
           ,
           Banquetings
           ,
           Revelling
           ,
           Pipings
           ,
           Sportings
           ,
           Dancings
           ,
           Laughings
           ,
           Singing
           prophane
           and
           lustful
           Songs
           and
           Ballads
           ,
           Table-Lawings
           ,
           Monk-lands
           ,
           Frier-lands
           ,
           Blackfrier-lands
           ,
           Kirks
           and
           Kirkyards
           ,
           and
           Mencat
           Crosses
           ,
           Fount-stones
           ,
           Images
           ,
           Registers
           of
           Lands
           and
           Houses
           ,
           Register
           Bonds
           ,
           Discharges
           ,
           and
           all
           their
           Law-works
           ,
           Inhibitions
           ,
           
           Hornings
           ,
           Letters
           of
           Adjudications
           ,
           Ships-passes
           ,
           Prophanity
           and
           all
           unchast
           thoughts
           ,
           words
           and
           Actions
           ,
           formality
           and
           indifferency
           ,
           Story-books
           and
           Ballads
           ,
           Romances
           and
           Pamphlets
           ,
           Comedy-books
           ,
           Cards
           and
           Dice
           ,
           and
           all
           such
           like
           ,
           we
           disown
           all
           of
           them
           ,
           and
           burns
           them
           the
           6
           th
           day
           of
           the
           week
           being
           the
           27
           th
           day
           of
           the
           5
           th
           Month
           ,
           1681
           ,
           at
           the
           Cannongate
           ,
           Tolbuith
           Iron-house
           .
        
         
           We
           renounce
           all
           the
           Customs
           and
           Fashions
           of
           this
           Generation
           ,
           their
           way
           and
           custom
           of
           eating
           and
           drinking
           ,
           sleeping
           and
           wearing
           ,
           and
           all
           our
           own
           former
           ways
           ,
           as
           well
           Religious
           as
           Moral
           ,
           in
           so
           far
           as
           they
           have
           been
           squared
           and
           casten
           in
           this
           Generations
           mould
           ,
           and
           all
           our
           iniquious
           courses
           ,
           lightness
           and
           unconcernedness
           with
           the
           Glory
           of
           God
           ,
           the
           only
           end
           wherefore
           we
           were
           sent
           into
           the
           World
           the
           7
           th
           day
           of
           the
           Week
           ,
           being
           the
           27
           th
           of
           the
           5
           th
           Month.
           
        
         
           We
           renounce
           all
           that
           are
           now
           in
           Prison-houses
           or
           Correction-houses
           ,
           Men
           and
           Women
           ;
           for
           none
           of
           them
           are
           with
           us
           in
           this
           work
           ,
           and
           when
           we
           sent
           them
           a
           Copy
           of
           this
           our
           Renounciation
           ,
           they
           called
           us
           Devils
           .
           The
           Copy
           of
           this
           we
           burnt
           instead
           of
           the
           Books
           and
           Works
           of
           this
           Apostate
           Generation
           ,
           and
           buried
           the
           Ashes
           in
           our
           and
           covered
           it
           with
           dust
           .
        
         
           Notwithstanding
           of
           our
           burning
           Covenants
           and
           Declarations
           ,
           and
           renouncing
           of
           them
           and
           their
           works
           ;
           Be
           it
           known
           to
           All
           ,
           that
           we
           do
           neither
           vindicate
           the
           cursed
           Murderers
           of
           their
           Bloodshed
           on
           Fields
           ,
           and
           Scaffolds
           ,
           and
           Seas
           ,
           and
           other
           horrid
           Cruelties
           ,
           such
           as
           Torturings
           ,
           Imprisonments
           ,
           Pillagings
           ,
           Banishments
           ,
           Scourgings
           ,
           Stigmatizings
           ,
           &c.
           nor
           condemn
           we
           the
           worthy
           Martyrs
           ,
           and
           the
           sufferings
           of
           others
           ,
           only
           we
           give
           the
           Lord
           Justice
           ,
           and
           vindicats
           his
           tarrying
           ,
           for
           now
           the
           Furnace
           has
           brought
           forth
           a
           more
           pure
           Cause
           which
           we
           term
           ,
           
             Holiness
             to
             be
             built
             upon
             the
             word
             of
             God.
             
          
        
         
         
           That
           all
           may
           know
           and
           see
           our
           innocency
           ,
           and
           know
           our
           end
           is
           and
           was
           the
           Glory
           of
           God
           in
           all
           we
           did
           ,
           though
           we
           came
           far
           short
           ;
           and
           in
           the
           Months
           past
           we
           could
           get
           none
           to
           shew
           us
           kindness
           for
           Meat
           or
           Lodging
           ,
           though
           we
           could
           pay
           for
           it
           our selves
           :
           That
           word
           in
           
             Malachy
             ,
             Ye
             are
             cursed
             with
             a
             curse
             ,
             for
             ye
             have
             robbed
             me
             ,
             even
             the
             whole
             Nation
             .
          
           And
           likewise
           in
           
             Deut.
             We
             seeing
             the
             Land
             all
             thus
             cursed
             ,
             and
             all
             justifying
             themselves
             in
             that
             iniquity
             ,
             were
             afraid
             to
             eat
             ,
             or
             drink
             ,
             or
             sleep
             under
             a
             Roof
             with
             them
          
           :
           though
           there
           were
           many
           that
           would
           have
           shelter'd
           us
           ,
           yet
           we
           could
           not
           eat
           ,
           drink
           ,
           converse
           ,
           or
           pray
           with
           them
           ,
           lest
           we
           had
           come
           under
           the
           Curse
           ,
           so
           many
           times
           our
           Beds
           has
           been
           in
           the
           open
           Fields
           ,
           and
           we
           have
           come
           to
           houses
           and
           they
           would
           not
           sell
           us
           Meal
           to
           make
           Potage
           of
           ,
           and
           we
           have
           found
           Meal
           and
           Water
           a
           rare
           dish
           ,
           because
           the
           curse
           was
           off
           it
           ,
           and
           it
           was
           blessed
           to
           us
           ,
           according
           to
           that
           Scripture
           ,
           
             the
             blessing
             of
             the
             Lord
             maketh
             Rich.
          
           We
           are
           not
           murmuring
           in
           this
           ,
           but
           when
           the
           Weather
           has
           been
           worst
           ,
           Winds
           and
           Rain
           ,
           cold
           Frost
           and
           Snow
           ,
           and
           when
           we
           had
           fasted
           most
           ,
           we
           were
           best
           satisfied
           ,
           according
           to
           that
           Scripture
           ,
           
             all
             shall
             work
             together
             for
             their
             good
             ,
             that
             truly
             seek
             the
             Lord
          
           ;
           when
           we
           had
           outward
           straits
           ,
           then
           we
           had
           most
           inward
           peace
           ,
           we
           had
           joy
           in
           the
           Holy
           Ghost
           ,
           so
           the
           things
           the
           World
           calls
           the
           worst
           of
           our
           life
           ,
           as
           reproaches
           ,
           imprisonments
           ,
           nakedness
           ,
           hunger
           ,
           and
           cold
           ,
           &c.
           we
           had
           rather
           be
           suffering
           for
           our
           Lords
           sake
           ,
           than
           be
           Kings
           of
           the
           whole
           earth
           ,
           for
           our
           joy
           no
           man
           can
           take
           from
           us
           ,
           and
           our
           Prison
           is
           so
           pleasant
           through
           our
           Lord
           ,
           that
           we
           care
           for
           no
           company
           ,
           for
           we
           know
           no
           company
           but
           all
           are
           cursed
           ,
           and
           we
           know
           not
           what
           it
           is
           to
           be
           weary
           ,
           but
           according
           to
           that
           Scripture
           ,
           
             eat
             and
             drink
             my
             beloved
             ,
             yea
             eat
             and
             drink
             abundantly
             ,
          
           we
           are
           rather
           in
           Paradise
           .
        
         
           These
           things
           were
           cleared
           to
           us
           when
           fasting
           and
           praying
           ,
           and
           we
           were
           pressed
           to
           do
           this
           by
           the
           Holy
           Ghost
           ,
           we
           had
           many
           Fasts
           about
           this
           thing
           ,
           and
           this
           Week
           we
           took
           some
           Milk
           and
           Bread
           in
           the
           third
           day
           of
           the
           week
           in
           the
           morning
           being
           the
           24
           after
           the
           5
           th
           Month
           1681.
           
           And
           tasted
           neither
           meat
           nor
           drink
           ,
           nor
           any
           other
           kind
           of
           living
           ,
           till
           the
           6
           th
           day
           of
           the
           
           week
           at
           4
           ▪
           day
           of
           noon
           (
           and
           then
           we
           took
           a
           little
           Milk
           and
           Bread
           )
           for
           to
           find
           out
           the
           causes
           of
           his
           wrath
           we
           have
           wandred
           ,
           mourned
           ,
           wept
           ,
           many
           a
           night
           and
           day
           in
           Houses
           and
           Fields
           ,
           for
           we
           have
           and
           has
           had
           no
           other
           end
           but
           his
           Glory
           ,
           that
           the
           Elect
           such
           as
           should
           be
           saved
           might
           be
           brought
           in
           ,
           and
           it
           is
           only
           Conscience
           that
           keeps
           us
           from
           giving
           Men
           Reverence
           in
           word
           and
           behaviour
           ,
           though
           some
           call
           us
           dumb
           Devils
           ,
           and
           unlearned
           Bruits
           ,
           and
           one
           of
           us
           when
           coming
           before
           them
           they
           call
           Rulers
           ,
           was
           called
           a
           Block-head
           ,
           notwithstanding
           of
           all
           that
           came
           on
           us
           ,
           we
           know
           and
           are
           taught
           by
           the
           Holy
           Scriptures
           ,
           to
           give
           Honour
           unto
           whom
           Honour
           is
           due
           ,
           and
           to
           salute
           one
           another
           ,
           but
           it
           has
           been
           our
           work
           of
           a
           time
           to
           renounce
           the
           filthy
           vile
           Imbracings
           ,
           Salutations
           ,
           and
           Complements
           of
           this
           Generation
           ,
           which
           they
           call
           Court-breeding
           ,
           our
           carriage
           ,
           professing
           to
           follow
           the
           Lord
           Jesus
           ,
           should
           be
           steed
           and
           circumspect
           according
           to
           that
           Scripture
           ,
           
             Let
             us
             walk
             circumspectly
             ,
             not
             as
             Fools
             ,
             but
             as
             wise
             Men
             ,
          
           as
           it
           is
           written
           in
           
             Matthew
             ,
             Let
             your
             light
             so
             shine
             before
             Men
             ,
             that
             they
             may
             see
             your
             good
             works
             ,
             and
             glorifie
             your
             Father
             which
             is
             in
             Heaven
             .
          
        
         
           Cursed
           are
           they
           that
           says
           peace
           to
           a
           Land
           ,
           who
           are
           in
           the
           place
           of
           Watchmen
           ,
           when
           the
           Lord
           says
           no
           peace
           ,
           which
           practice
           ,
           we
           silly
           unlearned
           Creatures
           renounce
           ,
           for
           we
           bless
           him
           he
           has
           keeped
           us
           from
           resting
           till
           the
           Ark
           rest
           ,
           and
           as
           for
           these
           they
           call
           Watchmen
           ,
           that
           cries
           peace
           or
           keep
           silence
           ,
           we
           shall
           refer
           them
           to
           the
           Prophet
           Ezekiel
           ,
           which
           ye
           may
           read
           at
           leisure
           ,
           which
           we
           think
           shall
           be
           Scotland
           .
           Doom
           ,
           for
           we
           have
           heard
           tell
           of
           few
           of
           them
           they
           call
           Ministers
           ,
           but
           they
           have
           all
           said
           peace
           ,
           when
           brought
           before
           the
           Enemies
           to
           witness
           their
           practice
           ,
           being
           most
           unconscionable
           on
           Hill
           sides
           ,
           and
           Moor
           sides
           ,
           before
           several
           thousands
           ,
           they
           called
           them
           Tyrants
           ,
           and
           intollerable
           Oppressors
           ,
           and
           their
           Government
           Tyranny
           and
           Oppression
           ,
           and
           that
           the
           Crown
           of
           Supremacy
           that
           
             Charles
             Stuart
          
           had
           usurped
           over
           the
           Kirk
           ,
           would
           weigh
           him
           down
           from
           the
           Throne
           ,
           and
           all
           that
           Race
           with
           him
           ,
           and
           when
           they
           are
           brought
           before
           them
           ,
           and
           into
           
           Prisons
           ,
           nothing
           but
           in
           with
           the
           other
           supplication
           ,
           to
           the
           Honourable
           Lords
           of
           His
           Majesties
           Secret
           Council
           ,
           beck
           and
           beinge
           ,
           and
           please
           your
           Lordships
           Grace
           ,
           &c.
           and
           now
           they
           are
           all
           at
           peace
           with
           his
           Enemies
           ,
           save
           one
           whom
           we
           disown
           ,
           and
           so
           or
           long
           the
           Enemies
           shall
           Curse
           them
           ,
           when
           the
           Lord
           awakens
           their
           Consciences
           ,
           (
           though
           we
           confess
           we
           have
           had
           some
           special
           Witnesses
           of
           Ministers
           )
           and
           we
           think
           or
           long
           ,
           the
           Malignants
           shall
           pursue
           these
           Ministers
           to
           Death
           for
           unfaithfulness
           ,
           for
           the
           vilest
           Creatures
           in
           the
           Land
           high
           and
           low
           ,
           Rich
           and
           Poor
           ,
           noble
           and
           ignoble
           ,
           must
           give
           account
           for
           works
           done
           in
           the
           flesh
           ;
           then
           the
           Dogs
           ,
           Sorcerers
           ,
           Whoremongers
           ,
           and
           Murderers
           ,
           and
           Idolaters
           ,
           False-Swearers
           ,
           Cursers
           ,
           Sabbath-breakers
           ,
           Idle
           loose
           Livers
           ,
           and
           all
           that
           are
           unchast
           in
           thoughts
           ,
           words
           ,
           and
           behaviour
           ,
           and
           all
           that
           makes
           no
           Conscience
           of
           their
           way
           ,
           and
           whosoever
           loveth
           and
           maketh
           a
           lye
           ,
           shall
           tremble
           that
           day
           when
           they
           shall
           enter
           into
           Eternity
           ;
           when
           it
           shall
           be
           said
           as
           it
           was
           to
           
             Dives
             ,
             Thou
             in
             thy
             Lifetime
             hadst
             thy
             good
             things
             ,
             and
          
           Lazarus
           
             his
             bad
             things
             :
             For
             except
             a
             Man
             be
             born
             again
             ,
             he
             can
             in
             no
             wise
             enter
             into
             the
             Kingdom
             of
             Heaven
             .
          
        
         
           We
           take
           up
           the
           Book
           of
           the
           Holy
           Scripture
           at
           the
           Lords
           command
           ,
           and
           for
           a
           Testimony
           of
           our
           Dissatisfaction
           ,
           at
           the
           abounding
           Corruptions
           ,
           both
           of
           Translators
           and
           the
           Press
           ,
           and
           likewise
           for
           a
           Testimony
           of
           our
           desires
           and
           intentions
           for
           a
           new
           Translation
           and
           Impression
           ,
           free
           of
           the
           foresaid
           and
           other
           abuses
           ,
           we
           to
           our
           power
           reform
           our
           own
           Books
           ,
           and
           sayes
           ,
           that
           the
           word
           of
           God
           needs
           no
           humane
           Art
           ;
           we
           hold
           that
           the
           Word
           of
           God
           is
           laid
           the
           Foundation
           of
           this
           new
           Building
           ,
           and
           shortly
           it
           shall
           become
           the
           head
           Corner
           stone
           of
           the
           Building
           ,
           over
           both
           Kirk
           and
           Stater
           Kirk-Men
           ,
           and
           States-Men
           ;
           so
           that
           Scripture
           towards
           the
           end
           of
           the
           Rev.
           of
           Iohn
           shall
           be
           fulfilled
           ;
           
             And
             I
             saw
             Heaven
             opened
             ,
             and
             behold
             a
             white
             Horse
             ,
             and
             he
             that
             sat
             upon
             him
             was
             called
             Faithful
             and
             True
             ,
             and
             in
             Righteousness
             he
             doth
             Iudge
             and
             make
             War
             ,
             his
             Eyes
             were
             as
             a
             flame
             of
             Fire
             ,
             and
             on
             his
             Head
             were
             many
             Crowns
             ,
             and
             he
             had
             a
             new
             Name
             written
             that
             no
             Man
             knew
             ,
             but
             he
             himself
             ,
             and
             he
             was
             Cloathed
             with
             a
             Vesture
             dipt
             in
             Blood
             ,
             and
             his
             Name
             is
             called
             the
             word
             of
             God.
             
          
        
         
         
           And
           first
           ,
           to
           shew
           that
           we
           take
           the
           Word
           of
           God
           in
           every
           point
           to
           be
           our
           Rule
           ,
           the
           sum
           and
           end
           of
           our
           so
           much
           reproached
           and
           mocked
           at
           Exercise
           (
           Fasting
           and
           Prayer
           )
           will
           be
           found
           in
           the
           Book
           of
           
             Psalms
             ;
             Be
             thou
             exalted
             ,
             O
             God
             ,
             above
             the
             Heavens
             ;
             and
             let
             thy
             glory
             be
             above
             all
             the
             Earth
             .
          
           It
           is
           written
           in
           the
           Acts
           of
           the
           Apostles
           ,
           
             It
             seemed
             good
             to
             the
             Holy
             Ghost
             and
             to
             us
             :
          
           but
           they
           usurping
           Supremacy
           ,
           says
           ,
           by
           the
           Authority
           of
           the
           
             General
             Assembly
          
           allows
           these
           Psalms
           to
           be
           sung
           in
           Congregations
           ,
           &c.
           which
           we
           renounce
           :
           And
           more
           ,
           we
           think
           the
           Psalm
           Book
           in
           Meeter
           ,
           and
           no
           other
           thing
           ought
           to
           be
           within
           the
           broads
           of
           the
           Bible
           ,
           but
           the
           simple
           Scriptures
           of
           Truth
           ;
           the
           Psalms
           may
           be
           had
           in
           a
           Book
           by
           themselves
           .
        
         
           We
           are
           so
           reproached
           and
           calumniate
           ,
           that
           we
           are
           forced
           to
           make
           our
           defence
           ,
           and
           shew
           that
           we
           have
           mourned
           ,
           fasted
           ,
           and
           prayed
           many
           a
           day
           ,
           and
           many
           a
           night
           this
           last
           Winter
           ,
           many
           times
           in
           the
           open
           Fields
           ,
           in
           Frost
           and
           Snow
           ,
           while
           our
           Cloaths
           were
           frozen
           upon
           us
           ,
           and
           our
           Feet
           frozen
           in
           our
           Shooes
           ,
           as
           the
           Town
           of
           cursed
           Borronstonness
           can
           witness
           ,
           and
           all
           this
           to
           find
           out
           the
           causes
           of
           our
           Lords
           tarrying
           ,
           when
           those
           who
           are
           now
           calling
           us
           Devils
           ,
           were
           turning
           themselves
           upon
           their
           Ivory
           beds
           ,
           like
           a
           door
           upon
           the
           Hinges
           ,
           eating
           the
           fat
           and
           drinking
           the
           sweet
           at
           their
           own
           ease
           :
           And
           when
           we
           were
           driven
           thence
           by
           Persecution
           ,
           we
           took
           our selves
           to
           the
           Fields
           ,
           holding
           still
           by
           our
           duty
           ,
           where
           many
           Women
           did
           offer
           themselves
           to
           the
           Work
           ,
           with
           whom
           our
           spirits
           was
           many
           a
           time
           burdened
           ,
           whom
           we
           could
           not
           put
           away
           (
           as
           our
           blessed
           Lord
           dealt
           with
           Iudas
           whom
           he
           knew
           would
           betray
           him
           )
           without
           manifest
           causes
           :
           We
           stayed
           not
           with
           them
           but
           on
           solemn
           days
           ,
           such
           as
           Sabbaths
           ,
           and
           appointed
           times
           for
           publick
           meeting
           ,
           but
           when
           they
           took
           their
           rest
           betwixt
           hands
           ,
           we
           continnued
           still
           in
           Fields
           ,
           nights
           and
           days
           ,
           fasting
           and
           praying
           for
           two
           or
           three
           days
           together
           several
           times
           ,
           and
           it
           was
           always
           their
           fear
           we
           should
           propose
           some
           question
           to
           try
           them
           for
           Separation
           ,
           and
           that
           night
           before
           we
           was
           taken
           ,
           we
           warned
           them
           that
           the
           Soldiers
           would
           come
           ,
           and
           told
           them
           to
           use
           their
           freedom
           :
           we
           saw
           them
           also
           a
           mile
           off
           ,
           an
           hour
           before
           they
           came
           ,
           
           and
           none
           of
           them
           would
           go
           away
           ;
           and
           after
           we
           were
           brought
           in
           hither
           ,
           after
           some
           several
           days
           Fasting
           and
           Prayer
           ,
           we
           being
           warned
           by
           the
           Holy
           Ghost
           ,
           followed
           
           Esther's
           advice
           ,
           and
           continued
           from
           eight
           a
           Clock
           of
           the
           morning
           the
           24
           day
           of
           the
           5
           Month
           ,
           till
           the
           27
           at
           four
           afternoon
           ,
           Fasting
           and
           Praying
           ;
           we
           sent
           them
           word
           likewise
           to
           Fast
           and
           Pray
           ,
           and
           when
           we
           sent
           them
           the
           answer
           of
           our
           Prayers
           in
           the
           writ
           ,
           they
           called
           us
           Devils
           :
           Thence
           we
           fasted
           till
           the
           28
           day
           at
           night
           ,
           and
           thence
           till
           the
           30
           at
           night
           ,
           waiting
           still
           to
           see
           if
           they
           would
           recover
           ,
           but
           they
           waxed
           still
           worse
           ,
           and
           we
           were
           forced
           to
           write
           this
           to
           vindicate
           our
           carriage
           towards
           them
           .
        
         
           
             
               
                 
                   Walter
                   Ker.
                
                 
              
               
                 
                   Iohn
                   Gibb
                
                 .
              
               
                 
                   David
                   Iamison
                
                 .
              
               
                 
                   Iohn
                   Young.
                
                 
              
            
          
        
         
           
             
               This
               is
               Exactly
               Compared
               and
               Collationed
               with
               the
               Principal
               Copy
               ,
               by
               me
            
          
           
             
               WIL.
               PATERSON
               ,
               
                 Cl.
                 Sti.
                 Concilii
              
               .
            
          
        
         
           FINIS
           .
        
      
    
     
       
         
         
           A
           Catalogue
           of
           some
           Books
           Printed
           for
           
             Io.
             Hindmarsh
          
           at
           the
           Golden-Ball
           over
           against
           the
           Royal-Exchange
           in
           Cornhill
           .
        
         
           THE
           Antiquity
           of
           the
           Royal
           Line
           of
           Scotland
           farther
           Cleared
           and
           Defended
           ,
           against
           the
           Exceptions
           lately
           offer'd
           by
           Dr.
           Stillingfleet
           ,
           in
           his
           Vindication
           of
           the
           Bishop
           of
           St.
           Asaph
           .
           By
           Sir
           
             George
             Mackenzie
          
           ,
           His
           Majesty's
           Advocate
           for
           the
           Kingdom
           of
           Scotland
           .
        
         
           The
           Moral
           History
           of
           Frugality
           with
           its
           opposite
           Vices
           ,
           
             Covetousness
             ,
             Niggardliness
             ,
             Prodigality
          
           ,
           and
           Luxury
           .
           Written
           by
           the
           Honourable
           Sir
           
             George
             Mackenzie
          
           ,
           late
           Lord
           Advocate
           of
           Scotland
           .
        
         
           A
           Memorial
           for
           His
           Highness
           the
           Prince
           of
           Orange
           ,
           in
           Relation
           to
           the
           Affairs
           of
           Scotland
           :
           Together
           with
           the
           Address
           of
           the
           Presbyterian-Party
           in
           that
           Kingdom
           to
           His
           Highness
           ;
           And
           some
           Observations
           on
           that
           Address
           .
           By
           two
           Persons
           of
           Quality
           .
        
         
           An
           Account
           of
           the
           Present
           Persecution
           of
           the
           Church
           in
           Scotland
           ,
           in
           several
           Letters
           .
        
         
           The
           Case
           of
           the
           Present
           Afflicted
           Clergy
           in
           Scotland
           truly
           represented
           .
           To
           which
           is
           added
           for
           Probation
           ,
           the
           attestation
           of
           many
           unexceptionable
           Witnesses
           to
           every
           Particular
           ;
           and
           all
           the
           Publick
           Acts
           and
           Proclamations
           of
           the
           Convention
           and
           Parliament
           relating
           to
           the
           Clergy
           .
           By
           a
           Lover
           of
           the
           Church
           and
           his
           Country
           .
        
         
           An
           Historical
           Relation
           of
           the
           late
           Presbyterian
           General
           Assembly
           ,
           held
           at
           Edinburgh
           ,
           from
           October
           16.
           to
           November
           13.
           
           In
           the
           Year
           1690.
           
           In
           a
           Letter
           from
           a
           Person
           in
           Edinburgh
           to
           his
           Friend
           in
           London
           .
        
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A50913-e110
           
             Vid.
             Cargil
             and
             Sanchars
             Covenant
             at
             the
             end
             .
          
           
             *
             
               That
               is
               ,
               this
               noise
               of
               Prisoners
               yet
               preserved
               alive
               .
               So
               the
               Preacher
               applied
               his
               Doctrin
               .
            
          
           
             
               The
               truly
               learned
               Advocate
               for
               the
               King.
               
            
          
           
             †
             
               Illud
               tamen
               generaliter
               observandum
               ,
               quod
               Iurisdictio
               nunquam
               privative
               sed
               cumulative
               delega●i
               potest
               ,
               non
               est
               quasi
               transitio
               juris
               de
               un●
               persona
               in
               aliam
               sed
               tantum
               mandata
               ,
               jurisdictio
               quod
               non
               obstante
               Delegatione
               adhuc
               remanet
               in
               delegante
               .
            
          
           
             
               Considering
               the
               violent
               and
               cruel
               temper
               of
               their
               Enemies
               .
            
          
           
             *
             
               Compare
               this
               with
               the
            
             Sanchar
             
               Declaration
               ,
               and
            
             Cargil's
             
               Covenant
               at
               the
               end
               of
               this
               Paper
               .
            
          
        
         
           Notes for div A50913-e7240
           
             *
             
               That
               is
               ,
               the
               same
               Punishment
               which
               the
               Law
               provides
               against
               such
               a
               Criminal
               .
            
          
           
             
               Art.
               eod
            
             .
             II.
             
          
           
             Art.
             3.
             ejusdem
             .
          
           
             Art.
             10.
             
          
           
             Act
             92.
             
             Ses.
             II.
             Iac.
             6.
             
          
           
             *
             Vid.
             Cargils
             
               Covenant
               and
            
             Sanchar
             .
             Declaration
             .
          
        
      
    
  

