A DECLARATION OF THE COMMITTEE OF ESTATES, Concerning Their Proceed, in opposition to the late unlawful Engagement against ENGLAND.  
EDINBURGH, Printed by Evan Tyler, Printer to the Kings most excellent Majesty, 1648.   

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