An Act of the ESTATES OF SCOTLAND, In the year 1643.  
AND Letters of Horning and Rebellion against James Duke of Hamilton, William earl of Morton, Robert earl of Roxbrough, George earl of Kinnoule, and William earl of Lanerick, as enemies to Religion, and the Peace of the kingdoms.  
WITH A Letter from a Person of quality in London, to some friends in Scotland; advising about the said Duke and earls: And other affairs now transacting in Scotland, worthy of Observation.  
march. 21 LONDON, Printed for Robert White 1648. 1647.   

CHARLES by the grace of God, King of great britain, France, and Ireland, Defender of the Faith. To our Lovets, Heralds, Messengers, and Our Sheriffs in that part conjointly, and severally, specially constitute Greeting.  
Anent the Warrant directed by the Committee of our Estates making mention. Forasmickle as the said Committee, by their Act of the 12 12th. of October last, did ordain the soleme League, and Covenant to be subscribed, and sworn by all his Majesties Subjects of this our kingdom, under the pain, to such as should pospone or refuse the same, to be esteemed, and punished as Enemies to Religion, our Honour, and Peace of our kingdoms; And that their Goods, and Rents should be confiscated, to the use of the public, And that they should not enjoy benefit, place, or Office in this our kingdom; Like as the Lords of our privy counsel by their Act of the 18 18th. of October last, did hearty concur with the Judgement of the said Committee, anent the swearing, and subscribing of the said Covenant; And accordingly did ordain the same to be subscribed by all our Subjects. Notwithstanding thereof, james Duke of Hamilton, William earl of Morton, Robert earl of Roxborough, George earl of Kinnoule, David earl of Southeske, and William earl of Lanerick, being desired by Letters sent to them from the Lords of our privy council, to repair to our council at edinburgh, upon the second of November instant, for swearing and subscribing of the Covenant; And a Copy of the said Covenant, and Acts prefixed thereto, being sent to them for their better Information, They have notwithstanding, all, and every one of them refused, or at least posponed to swear, and subscribe the same: And therefore have incurred, and do incur the pains contained in the said Acts, wherewith the council hath acquainted the Committee. And anent the Charge given to the said James Duke of Hamilton, William earl of Morton, Robert earl of Roxborough, George earl of Kinnoule, David earl of Southeske, and William earl of Lanerick, to have compeired personally before the Committee of our Estates this present day, to have answered upon their disobedience to the Acts aforesaid; And to have heard, and seen them discerned to have incurred the pains contained therein; And accordingly to have seen punished as Enemies to Religion, our Honour, and Peace of our kingdoms; And to have their Goods and Rents confiscated to the use of the public. And to have been discharged of enjoying any benefit, place, or Office within this our kingdom, or else to show a reasonable cause why the same should not have been done, with certification to them, if they failed, the said Committee would proceed, discern, and punish in manner aforesaid, like as at more length is contained in the said Warrant, Executions, and Indorsations thereof; which being called, and the said james Duke of Hamilton, Robert earl of Roxbrough, George Earl of Kinnoule, and William earl of Lanerick, being oft times called, and not compeired, and the Lord Chancellor having produced a Letter, directed from the earl of Morton, to the said Committee, showing, that in respect of his infirmity he could not keep his diet, And the said Earl of Southeske compeired personally, who declared, that in respect of his inability to travail, he could not keep the first diet; But that he had satisfied the tenor of the Act of the Committee in subscribing the Covenant at home in his own Parish Church, with the rest of the Parish, and was willing to renew the same here, if so the Committee should think fitting, like as at the desire of the said Committee, he did instantly swear, and sign the same; In respect whereof, the Committee hath assailed him from his Summons, and whole heads, and Articles contained therein, And from all that hath followed thereupon: And the Committee discerned james Duke of Hamilton, William earl of Morton, Robert Earl of Roxbrough, George Earl of Kinnoule, and William Earl of Lanerick, to have incurred, and to incur the pains contained in the said Act of the Committee, And accordingly declared them, & every one of them to be Enemies to Religion, our Honour, and peace of our kingdoms; And that their Goods, and Rents do belong to the public; And that they shal not enjoy any benefit, place, or Office within this our kingdoms; And ordain all manner of executions, personal, and real, to be directed against them, for punishing their persons, and intromitting with their Rents and Goods, and benefit of their Offices, Because the said Duke of Hamilton, earls of Morton, Roxbrough, Kinnoule, and Lanerick, being lawfully charged by a Messenger of arms, to have compeired this present day, to have heard and seen a Sentence given in manner aforesaid, or else to have shewed a reasonable cause to the contrary, did not compear nor show any cause why the same should not be done, As we clearly understand by the said Committee; for the whelke cause they have discerned, and declared in manner aforesaid. Our will is therefore, and We charge you straightly, and Commands, that incontinent, these our Letters seen, you pass, and in our name, and Authority, make publication hereof by open Proclamation at the Market cross at edinburgh, and Market Crosses of the Head Burroughes of the Shires, and Parish Kirkes, against the said persons, their Lands, Offices and Estates, wherethrough none of our good Subjects pretend Ignorance of the same. The which to do, We commit to you conjointly, and severally our full power by these our Letters, delivering the same, by you duly Execute, and indorsate again to the Bearer,  
Given under our Signet at edinburgh, the 16. of November, and of our reign the 19. th year, 1643. Per actum Commiss. Conventionis.   

Honoured Sirs,  
HAving among some Papers and Books of your former Proceedings in Scotland, met with this Act, whereof( for your better satisfaction) I sand you a Copy enclosed. I cannot forbear out of the sympathy and affection God hath been pleased to stir up in me towards our common Cause, to communicate to you some of my thoughts, and secret arguings with myself upon it. Was my Lord Hamilton, Lanerick, Rexbrough, and the rest, so obstinate and dangerous enemies to the Covenant and People of God at their first entering into that solemn Vow, as that they merited Horning, and the utmost penalty of the Law? Truly I cannot satisfy myself what Repentance and Reformation they have manifested since that they must now have the trust of that kingdom in their hands, and the safety or ruin of Gods people in their Will and Power; But give me leave to be free in this matter, Its doubted that either you have fallen from the first Principles and Grounds of your engaging in this Cause, wherein you happily prospered as long as you kept to those grounds, and suffered not the Malignants, or else the sons of Zervia have been too hard for you. The Malignants, with whom you dallied, and complied over-much, are grown too strong for you. I have heard indeed that when Lanerick was received, some of your Noblemen were  told you had taken in a Snake into your bosom, the consequence whereof( by admitting many other false brethren upon the like grounds.) It is to be feared, hath bread almost an incurable Malady in your Counsels: This is the fruit of turning down right Honesty into State Policy: If you had bound up resolutely, and trusted God with the final issue of our Cause, without favouring or complying with the Kings Faction and Malignants, the two great evils by which the welfare of the kingdoms may be endangered, had been prevented. First, there would have been no occasion or pretence to the Independent Party to take those unaccustomed ways they allege, they were necessitated to do, to secure themselves and the honest Interest in this kingdom against the supposed danger of the malignant Factions, serving in themselves, and by degrees becoming Masters again, and Undoers of all that hath been done these seven yeares, which I confess, if they had no further design, may bear them out colourably, if not justifiably ●n their late Actions. And secondly, you had not met with such Rubs, Treacheries, and Counterminings in your affairs at home: which I mention not to upbraid( for I know to whom I writ) but to humble us, and to raise up new thoughts and resolutions to walk more warily for the future, to steer our course as cautiously as we can betwixt the two Rocks of the Malignant and the Independent Party. For I assure you, though the rabble and rasher sort of men here cry out for the King, yet the wisest of your friends cannot admit of a Conjunction with his Interest( this Kings I mean) who we are confident( if we should restore Him to His Power) would lay us all low enough, and trample under foot Religion and the Liberties of the kingdoms. And therefore if you love yourselves and us, beware of admitting that Leaven into our Cause which would mar the whole Lump; And if it be possible( though I dare not commend the example of what was done here, because there was not so great a necessity, nor just ground for it,) yet if you see an absolute necessity for the clear carrying on of business, It is the opinion of many of your best friends here, that by a timely Purge you cast out of your Counsels, the Duke, and such of your malignant Confederates as are most opposite to the godly Party there; And truly we hope if you can then bring about business to some Treaty, or Review here, the Independents may be drawn to such terms, as may give some way and room to our Interest, which if God please, we may afterwards improve to better and further advantage that way, then if by a hazardous war we should put all into confusion. But if the Independents should not harken to reason, they may know, you have no small number of friends in England, nor they inconsiderable persons, that will stick by you in the maintenance of the Covenant, to their utmost hazards: Only let all faire means be first tried to save Blood, and the endangered ruin of the kingdoms. And again, remember not to admit of a conjunction in Counsels, or Forces with the Cavaliers and malignant Faction, for that will loose you the hearts of all wise honest men, and draw down a Curse instead of a Blessing upon your Undertakings: Thus with a hearty remembrance to all our Noble Confiders there, and my Prayers for Gods special Direction and Assistance in the weighty affairs now before you, I rest  
Your truly affectionate and faithful friend. I.T.  
Imprimatur  
Gil. Mabbot. London 14. March 1647.   
FINIS.