AN English Translation OF THE Scottish Declaration AGAINST JAMES GRAHAM ALIAS Marquis of Montrosse.  
Wherein many things are set Right between the Kingdom of Scotland and Commonwealth of England.  
With many Observable Passages, concerning the Transactions with the late King, and their now Declared King.  PROV. 12.6. 
The words of the wicked are to lie in wait for blood, but the mouth of the upright shall deliver them.  
LONDON, Printed by John Macock, for Francis Titan, and are to be sold at his shop at the sign of the three daggers near the inner Temple in Fleetstreet. 1650.   

AN English Translation OF THE Scottish Declaration Against James Graham, alias Marquis of Montrosse.  
WEre it not that the Glory and Honour of the Commonwealth of England, and these great Transactions of Divine Wisdom and Providence, are more principally besmeared in this Declaration, than the person or party of Montrosse, I should soon consent with them, in the beginning of that Paper, That as they think others may well wonder they should take pains to answer him, so much more that any one should undertake to vindicate or apologise for his person or Papers: He, with the rest of his party, can never be too much abominated, when Religion and true Liberties are mentioned, being the most desperate engaged Instruments of carrying on the design of misery to the three Nations.  
But seeing the whole strain and scope of that Declaration is to reflect on the Proceed of the Parliament of England, who are the true and lawful Heirs and Successors of the Mercies and Providences of God to this Nation, and not so much against Montrosse, and the Royal Party, though they make his Paper the occasion of the Discourse; I shall take liberty, with a serious wariness, of giving any offence to the honest and godly party in Scotland, to set some things right in that Declaration, and vindicate the late honest and just Proceed of our Parliament, to maintain yet the Union between us and our Brethren of Scotland, almost quite broken by the Malignant Interest in that Nation, that while we keep evening reckoning we may be long friends, and that in their excusing themselves they may not so accuse us before our and their Enemies, and so be devoured by them both together.  
But before I come to the Declaration itself, I cannot pass by some things which pass up and down, less discernible, which are matter of the greatest wonderment unto rational and sober men.  
1. That the height of their Zeal and Indignation should be vented on Montrosse, calling him Excommunicated Traitor, That viperous Brood of Satan, etc. and yet still keep up their esteem of the late King, and their calling him, His sacred Majesty, with many such clawing expressions, abhorring the least thought of dishonour to him, when Montrosse only acted as his Servant, and all that ever he did, in the strength of that Commission and Authority, he received both from the Father and the Son. Let it be considered for what is Montrosse proclaimed Traitor by the Committee of Estates.  
He must either be a Traitor to the King, or the Kingdom; to the King he was not, for he acted by his Commands, according to his will: It must be then against the Kingdom, and then much more is the King the Traitor, who created him to that work, if that Rule in Logic be true, Quod efficit tale est magis tale; though it is true, the Instrument is not excused for the principal Agent, yet the principal Agent is most to blame. Montrosse was but a puny Agent to other great Traitors that the King made, who hath made thousands in England, Scotland, and Ireland, in that sense, and yet he himself must not so much as be be thought on in such a capacity.  
Had Montrosse never acted, King Charles would have made another Traitor; and when Montrosse was suppressed, and gone out of the Kingdom, and all the Traitors in both Nations under hatches, yet we found where the root of our misery lay, and were put to it, and puzzled more by the grand Traitors own person, then by all his Army and Royal Instruments besides.  
God himself hath given out a Statute Law from Heaven not to respect the persons of men in Judgement; and it's Justice and Equity to lay the saddle on the right horse; yea the King himself was to be commended for his plain actings according to his principles and apprehensions, who in the beginning of this War, thought it not only fit to proclaim the Earl of Essex and his Army Traitors, but both Houses of Parliament, as those that gave him the only Commission and Power to that work. And it may well be wondered, that the Scots, who were wont to be men plain and broad enough in their expressions when they will, and have done ordinarily to our Parliament, and many honest and godly men, should now compliment so grossly, as to call the Servant Traitor, and the Master, under whose power he acts, sacred and spotless.  
But if the man such blame must have,  
What's due to th' Master of the knave?  
Do the Committee of Estates mean to revive that old Maxim in the the end of the War, that we fought against in the beginning?  That the King can do no wrong, That he is not accountable to any but God, and so incapable of any Charge. 
Either lower Monarchy in your thoughts and pretences to it, or never solely tax these gallant and stout spirits, who act under it out of the true sense of what you in words pretend, and who have wanted nothing to make them fully honourable, but a good Cause and Principle. It cannot choose but be a double grief to them, that they should be condemned for doing their duty to him who is uncapable of guilt in commanding, and that they should have not only part of the misery, but the whole guilt, who were but Instruments, and he free that is the Efficient; as if the sword should be arraigned for Treason that killed the man, and the person that struck the blow discharged.  
If England had not left off that method of Courtship and Compliment, we had been as far to seek of our just Liberties, after the beheading of these Traitors, which were thought most notorious, as we were at first; and let Scotland look unto it, if they make not better distinctions, they may find other kind of Traitors, more dangerous than Montrosse, shortly entertained in Scotland with joy and acclamations. I have been the longer on this observation, to learn the Committee of Estates to speak plain English betimes, lest they get that English Tyranny that we have happily and hopefully freed ourselves from, and we be troubled with a Scottish War; they are a little longer learning this lessen than we are, being yet fain implicitly to hold forth what we practise, but must come to it shortly, when some vails are off, and they see both root and branch together among them: only it is pity that these which have been first in the War should be last in enjoying the Peace: But that fault is not ours.  
The next thing which runs along the whole Paper, as the burden of the Declaration, is, (and which I cannot pass by) the great reflections they cast on the Parliament of England, and that honest party that joins with them joining them with Montrosse together, as if they kept mutual correspondency, calling them at every turn, The Sectarian Party, The now prevailing Party, Heretics, Schismatics, as if they meant to supple and make up their harsh expressions against Montrosses person, with his party, by inveighing on the Parliament of England, and these which join with them, excommunicating them out of their affections and love, as they have done Montrosse out of the Kirk. Expressions exceeding dangerous, and too much provoking, that when we shall call them, Our Dear Brethren, especially after an Army came from them into our Nation to destroy (using the same expressions.) Had they but reflected on their condition but the last year, when Ham●lton was the prevailing party, and what sort of people they were that set them free, and made the Committee of Estates the prevailing party, with the dissolution of their whole Parliament, they might have fitted more handsome and tender expressions, at least, if they meant to have kept up any brotherly Union and Correspondence between the two Nations.  
Doth the gentle streams of a River between England and Scotland so alter and change the nature of Transactions, that the purging of a Parliament in England, over grown with Malignant and Predominant humours, should be less lawful than the breaking up of one in Scotland? Or is the natural working out of distempers worse than a violent dissolution?  
It hath been the happiness of England, for some few years, that the Parliament hath been the prevailing party, and why it should be now our misery after we have conquered our visible Enemy to see our friends prevail, is too great a Paradox to be suddenly expounded: Some must be the prevailing party; and why not these that are? who have hated these complimental Compliances with the Royal Interest, and have followed the first Principles of the War, to the best advantage, for Peace. But I was very unwise to tax the Declaration with that as a fault, the expressing of which is our mercy: As I doubt not but they think of it concerning themselves, that it's a happiness to Scotland that this Committee of Estates is now the prevailing party, though it was brought in without any legal or orderly dissolution of Hamiltons' Parliament, and Committee of Estates, and by these Instruments that they can now gratefully call Schismatics and Sectaries. But the ill Conjunction of the Sectarian party, and the prevailing party, sets forth the mind of the Committee to the full. And yet what is meant by the Sectarian party, is yet a greater Riddle than all the rest; for, set aside the secret Placitum of the Committee of Estates, it stands without its signification in England, without it be a Title imposed to divide between honest and conscientious men, that some may reign.  
But it may be they have some secret and multiplied meaning in this phrase, that must be enquired into; if they call them the Sectarian party, because they have justly divided the King's Head from his Body, and so have made a Schism between Prerogative and Tyranny, they shall willingly own the Title with a Crown of Justice, and glory in the head of it.  
But it may be they call them Sectaries, because they have made a more exact division of the true and right English Interest, and that of Scotland, and between new and old Malignants in the three Nations.  
Or it may be, they derive it from the word Sectari, because they have more closely followed the ends and intentions of the Covenant, than the literal and ambiguous expressions in it, and have prosecuted the greatest enemies of Reformation by Acts of Justice to their graves.  
But if by Sectaries the Committee mean these men that are of divers factions and parties, and interest in England, as we have cause to bewail it, so we may in part thank some of that Committee for it, who have cast so many bones of division among us, to set up the Royal, and their own interest, as the Parliament have publicly declared in their Answer to the Scots Paper of March 13. 1647. p. 1. 2. complaining of the sad divisions among us, express themselves, etc. Unto the advancing of this design of the common enemy, the Commissioners of Scotland have for a long time made themselves, or have been made by others very instrumental, whilst forgetting the work they came about, and the true interest of those from whom they came, have made it their work by their practices and purposes, to disaffect the people of both Kingdoms unto the proceed of the Parliament of England, and on the other hand to incline, and dispose them to the King, and his party upon terms apparently destructive to both Kingdoms. That it seems it's not new thing for the Committee to frame words of division in this Nation, but I am loath to repent these old Quarrels, if there were not new occasions given.  
But if they mean by Sectaries these which are given to blasphemous Opinions contrary to the Gospel, though there are but a few in comparison so left of God, yet we will join with them, not only to write against, but weep, and lie in the dust for any such abominations, and we can never bewail enough these things, that on the one side formality and mere shadows of Religion should be taken up, and all holiness be only outward and external, and on the other side, that fancy and delusion should prevail to cheat men of their souls, and cloud the glory of the truths of Christ: But it's a great wrong to join in this, since the prevailing party with the Sectarian, whose hearts I doubt not but bleed as truly inwardly for these things, as they have expressed an outward detestation of them, in burning some of their books, and casting shame on their persons; but as none of these Opinions are vented in public, but with public Declaration against them, so these which are vented in private, are but by a few inconsiderable and contemptible persons, and (we bless God) with little success at present.  
And I doubt not, if we can agree in civil Principles with our Brethren, we shall soon in Religion, in the Doctrine and substantials of it, wherein the life and power lies, and if we differ in Discipline, it will not be in the things themselves, but in extent and latitude of its power, that there will be no more dstinction, but as of an English and Scottish Government of the Church.  
I have only surmised these things, that the Reader may take notice of the common design in the Declaration, which seems to be very strange that in one Paper made against a great Delinquent, the Parliament of England (who have most opposed the Malignant interest) should be specially aimed at, and their transactions inserted in the same Calendar; but it's well they cannot call them Traitors, we may possibly e'er long see what new names we shall enjoy, when Charles Stuart and Montrosse shall both join together against the honest party of Scotland, and when they have got a King, who will be his favourites in Scotland? I pray that the same names be not justly retorted on themselves by that party which they are feign now to court with expressions of disgrace on their best friends.  
But to the Declaration itself, and the main things Montrosse lays as a charge on them, which they strive to free themselves from, I shall follow their own method, and give them their due in what ever is just and right, and excuse them wherein they do not entangle themselves.  
The first thing Montrosse taxes them withal, to which they reply, is for hatching a Rebellion in their own Kingdom, with promoting the like in England, & because they are both of the same nature, or as the end and the means, the same Reply will salve both; I need to comment little on this, but to improve it on the same grounds and reasons: only this is worthy to be observed, that what we account our duty and safety, they account rebellion unto this day; that which the Committee calls their just defence, as they do well express it in the second page: Did we offer to stir until Religion and Justice, the main pillars of Government, were shaken, and near to be overturned? and shall the standing upon our defence for the preservation of our Religion and Liberties be accounted Rebellion?  
You see how the just and righteous grounds of your proceed are interpreted, and that which you think honesty is still called rebellion, though but in the first motions of it, much more in the propagated necessary actings of that principle; and you now see what ever gloss is put upon your transactions, you shall be no more free of Rebellion than England, but rather be accounted the first and principal powers in all the rest of the acts, though done by us, and it's well you and we have a clear conscience, for else we shall not want Records and Remembrancers of our former actings, though never so honest and necessitous; and if you think it's only Montrosse's malice, you are as much mistaken in politic, as he was in legal and just actings; he dare speak nothing but what the King his Master first dictates: if you compare the King's Pourtraicture in his last Book, and his thoughts of your Nation there, with his practices to you, you will not find it a delusion: And if your new King did not account you Rebels, he would soon have complied with you, his principles leading him to a union with any party, but those that mean to make Religion and Liberty their interest; and whereas you call Montrosse Traitor, and he calls you Rebels, who shall decide the Controversy between you, when your King himself thinks the same, and you in your consciences think him a Traitor? And hath not Montrosse more ground (as to the world) to call you Rebels, who will own not only the same power, but the same persons who have acted point-blank against what you call Justice, than you to call him Traitor, who acts (though it may be more violently under that power you account sacred) & cannot live without that person that he serves as his Sovereign? We have found the misery of daubing with the King, we have changed oftentimes not only our motions, but many times principles to win and gain him, but he never charged his, but always gained by our retreats, and what ever plea we or our Brethren may have for the first ground of our actings, it's otherwise, nay quite contrary apprehended by the King and his Party; and to those that know what nature is, or education, they can easily judge how hard it is to change the first idea and impression of things, especially when it is accompanied with glorious Prerogatives, and apprehensions of self-advantage, and in royal breasts it's commonly seen, that injuries and affronts are written as in Marble, while respects and kindnesses are thought due, and of necessity to be successive, and only valid & hic, & nunc, according to an immediate circumstance and present conveniency: and if they will abstract that which they call policy, and a little while look into the nature of things, they shall soon find that there is not a motion of the hearts either of the King of Malignants, or the Malignants themselves changed from what their first apprehension, only they are fain through providence and design to compliment with us, and then as our Brethren too grossly do at present with them, until they get as the Scots say, to be the prevailing party; but I know they are sensible enough of theafter-reckoning, notwithstanding they sum up at present.  
And therefore in vindication of themselves and us, they honestly and ingeniously state the first grounds of the quarrel both in England and Scotland, which is well done; and it were to be wished that it were imprinted on all our hearts in both Nations with a point of a diamond; and it had been happy these virgin, and untainted principles had been always kept unto in Scotland. They tell us p. 3. that when they were living quietly and peaceably, a new Service Book was imposed on them to introduce Popery, etc. and relate the King's invasions of them for but refusing it against their consciences, charge him with breach of trust after Articles given: And as to their conjunction with England, as their assistance was desired, so they saw further cause and reason then formerly: p. 3. they notably express the pranks of the King and his adherents, not staying in Scotland, but traversing Ireland, in a bloody Rebellion, against thousands of Protestants; who had the King's Commission, and with whom he afterwards made an Agreement, rather than submit to any just condescensions of the Parliament, and Protestants of England, and Scotland, though he had declared them formerly Traitors, for their bloody massacres; having also entrusted divers Popish Commanders in his Armies, contrary to his first Declarations, that no Papist should be in arms, or about his person. Upon these, and such like reasons, they and we joined together in Covenant. To which we may add his perfidious Treating with us oftentimes, especially at Brainford: his hatred of the Covenant, his impenitency, continued actings in a second war, more dangerous than the former, with a thousand more desperate transactions both by himself, and Son, and all these propagated and continued without any hope of remedy, but by losing all the blood, and expense of an eight year's wars, with danger and hazard at the best for the future. All these are sufficient grounds for honest men to look to themselves at first, and defend themselves in the beginning, and much more to provide for themselves at last: Only the misery is in the use, and application; The Scots can find enough to vindicate themselves from rebellion at the first of these motions, and yet can willingly tax us at the end for doing the same things. They can justly (but upon a thought of fear, and danger in some unfit overtures) find ground to make use of the sword to defend themselves, and cut off their enemies in general; and yet when the same things come to be heightened, and break out in a greater flame, and continued without hope of redress, they will condemn us for striking the last blow, upon the same and greater grounds, when they began the first; as if the continuation of the same cause more desperately should not produce more notable effects; or that the modest and secret essays of things should be more desperate, than the strenuous propagation, and prosecution of them, and that aggravated, and multiplied acts of tyranny should be more venial, then bare attempts, which may be easily reform by maturer counsel. If the Kingdom of Scotland, and England had sufficient ground to take up arms against the King at first, when the sparks were but as under ashes, much more ground had England when the flame was not only broken out, but daily fed, and increased, to make use of these arms to extinguish the chief Incendiary. But conscience, it seems, made the principle, and policy, and design the application. If they justify the beginning of the work, we may well the end of it, on the same, yea more absolute and necessitous grounds. However Montrosse is deceived in both, yet we should not put arguments into his hand, by parting the actions which have been correspondent to the same principle. Yet this is the happiness of England through mercy, that our Brethren shall have the scandal, or rather glory of the beginning of the war, and we of the end, yet they will be as much, and more hated for what they acted first, than we for what we have done at last, having improved both their principles and our own, together with the King's tyrannical power, to our own safety, and his deserved ruin; while they complementing but with a name (which they will find to be, as most ensnaring, so like the name of the Beast which hath a mystery of deceit wrapped up in it) are not only like to be where they were, but in a far worse condition than ever Scotland was in, if God suffer but that young Spark to King it among them.  
But to come to his more special charges, which p. 4. they call his last, and main forgeries; they are reduced unto three heads.  
1. That his late Majesty being redacted to think on extreme courses, did engage us by a Treaty, and having got all assurance from us, did cast himself into the hands of our Army, and that we contrary to all faith and paction sold our Sovereign. 2. That they now complotted his destruction, and begin on the same score with his Son, declaring him King with provisoes, etc.  
Of all these charges they say there is not one word true; But that his late Majesty was redacted to an extreme course. It were well first to consider, whether in a true sense these are charges worth the observing or answering; that is, first whether the delivery up of the King to the Parliament of England when in England, notwithstanding any private treaty, or particular promise of any Officers, were not just, and their duty. 2. Whether the taking away by death, such an implacable and gangrened person, were any complotting his destruction, but a legal execution of justice; and whether the declaring his Son King with provisoes be not just and fit, no King being fit to reign, but he that means to compact for the safety and liberty of that Kingdom he is called to exercise that Office in.  
But seeing the Committee take all these as heinous and blasphemous charges on them; I shall give the reader a particular account of each of them; not to confirm Montrosses paper, but to clear some things concerning ourselves, and them, and let truth and reason reign.  
In vindication of themselves from the first, they spend several pages, and strive to give a narrative of all proceed in the Army and Parliament both in England and Scotland, from the time of his coming in to their Army in the month of May 1646. unto May 1647. with the many Declarations both of the King, and their Parliament concerning the end of his coming in to them, which I am loath to repeat, lest I give too much offence to our Brother, or puzzle the Reader with transcribing; only give in what I know concerning the truth of the charge, and meet with some extravagancies in their Narrative.  
For the first, Though I hate the charge as it comes out of Montrosse's mouth, and under so unclean a hand, yet for truth's sake, and seeing they are not content to free themselves, but to charge us, and mix therewith many ominous reflections on this Nation, I shall present something more than probable, that may make the penners of that Declaration think that though they have engrossed the Prerogative of imposing names, yet they have not the Sovereignty of truth in all they write. They say p. 5. that after many essays for London, and the Sea, he came to the Scots Army without acquainting those that had the trust, and the charge of the Army; and ask (I hope to be resolved) where was there any time or place for a Treaty here; and what were those assurances that were given? Let it be but asked the Committee, whether Montrill the French Agent was not in the Scots quarters at Southwel, and Hudson sent many times, and what they did there, and the question will soon be resolved; the truth is, as Hudson himself related, and professed to some of honesty and integrity, that the King employed Montrill for that end, and often sent Hudson to treat about his coming in, who came often unto three of the Lords, I will forbear to name them for his honour sake, and propounded three Propositions concerning the King's security, and other things, which he pressed them to sign, but they refused to give any thing under their hands, lest it should be discovered, but that it should be as truly performed, as if they had done it; at which Hudson professed that he would not trust them with words, seeing they had deceived the King so often before, and that he would never persuade his Majesty without some paper security, and confirmation, under their hands: but their particular Engagements were at last accepted, through the mediation and assurance of Montrill; and the General moreover said, that he would willingly go on his knees to meet them; these things were the professed relation of hudson's own mouth; now what the capitulations were, and how far security was given, I will not determine, but the world may judge they were not in a dream, as they profess in their paper to the Parliament immediately on his coming into them, and that they need not be so absolute in their challenges of any one to produce any testimony or demonstration for any such overture; Hudson very well knew what he came at Southwell for, and what he did there, and this is faithfully his account from his own mouth, with many more circumstances of a strange nature, which out of love, and tenderness I omit. Yea Hudson would often say, when he heard that they denied any such knowledge, with much vehemency, that they grossly lied.  
I shall relate but one story more, which makes it out of doubt; and it is a relation I heard with my own ears given in upon Oath, by one that had relation to the Bedchamber, viz. that one night at Newcastle the late King coming out into the presence Chamber to supper, not very well pleased at something concerning the Scots dealing with him, was reading in the window a Pamphlet that came out about that time, entitled, A game at Scotch, and English, wherein many particulars were discovered about the conveying away of Ashburnham and Hudson, and something about his coming in at Southwell to the Scots Army; at which he was much pleased, and said they were most truths: He turns about to Sir James Lumsdale then Governor of Newcastle, who stood by with several Lords, and saith to him, you did not know of the conveying away of these two, and he answered no, if it like your Majesty: he turns to one of the Lords (I take it it was the Lord Dumferlin) no nor you did not know (saith he) of my coming in to your Army at Southwell, and he answered not he did not; the King after his wont manner swore thus, by God, but you did; I am sorry I should swear such an Oath again in print, but it's lawful, because it's for the public deciding a controversy, and confirmation of truth; that you have two Oaths, if the world will believe the King's Oath, who knew well enough what was done concerning himself, and another Oath confirming that he heard him swear thus.  
But I leave it to the judicious Reader to consider, I believe it was done but by some particular persons, and very privately, that the Parliament of Scotland knew it not, and the fair delivery of him, with their quiet march out of England is sufficient satisfaction to us, and to acquit them for that private miscarriage. I wish they had been as faithful at the Isle of Wight as they were with him then, and that they may come as fairly and honestly off from this King at Breda, as they did from his Father at Newcastle.  
Only I cannot but observe one passage (p. 13.) where though we and all honest men will join issue with the Committee, that none can imagine they sold the King for money, but did their duty in delivering him up to the Parliament, yet I wonder they make the demonstration of it to be that they only got two hundred thousand pounds of the Arrears due unto them for a very laborious service, and as a part of the great expenses they had been at by their expedition into England for the ends of the Covenant: two hundred thousand pounds is not so small a sum to be given for Arrears, especially if they considered the vast expenses England had been at first, and last, and what great sums of money they received at several times from England, besides the Assessment of the four Northern Counties, and freequarter, which came to fare more (as it was audited by the Parliament) than the Scots pay, and arrears came unto: especially if we consider what two hundred thousand pound sterling is accounted in the Kingdom of Scotland; but most especially, seeing it was for the ends of the Covenant, and that we must pay them for doing their duty, and that in so great sums, and be slighted for our love, is strange, we could give our brethren 300000. l. for but beginning to resist Tyranny, though principally relating to themselves, and think nothing of it, and since for but assisting in a cause of common concernment, wherein they were equally engaged with us, and for following the ends of the Covenant, they have had first, and last viis & modis, above a million of money in England, and yet they go about to lesson our favours, and heighten their own Engagements and services for the Covenant, though all upon our score: but these things are slips, and must be passed by as lesser Erratas that do not spoil the sense; I only add this, that never had Scotland so much of England's wealth, and treasure in such round sums in all the Reigns of the Kings either of England or Scotland, as they have had from this Parliament, and it's bad parting with such friends.  
The second Charge is, That they have complotted the late King's destruction; to wipe of which aspersion, they labour as in the fire; and I shall freely acquit them only because they think it a Charge of so heinous a nature to have any hand in that legal act of Justice on him, and insinuate the guilt of it on us. I must crave leave to vindicate that act, as no● only most necessary, but just, and an act of the most celestial and divine disposal and import, as any civil act done in England since its first constitution.  
For the lawfulness of bringing Kings to justice, and to condemn them, if they be found Tyrants, it's not so much as questioned in politic Casuists, and in reason if they may be deposed for ill Government, as we have instances both in England and Scotland, they may be executed on the same ground, without we will take the notion of Kings in that large and vast capacity that the late deluded and blinded Royalists have used it, That the King is a creature only of Gods making, all other Magistrates being acknowledged to be the creature of the people but only Kings, and they exempted from, and independent to any power but only Gods. And if Lex be Rex, as Mr. Rutherford proveth at large, and Kings are under and subject to Laws, why should we suppose them above punishment, when they are found the highest Transgressor's of those Laws? Grant them all that deity the Scripture invests them with, yet when they come to die, it is as other men, it may be for the same offences, as well as in the same condition of nature; yea, it's against Reason and Nature (though through usurped custom it hath got some credit) that all Magistrates should be liable to punishment, in case of maladministration of th' it office, and only that one order excepted.  
But to come nigher home, and consider what our first Arguments and Distinctions were of making a War against the King, and the same will hold for sharpening the Sword now, and cutting more keenly, and closer to the root.  
The Royalists always told us, we sinned in fight against the Lords anointed, and took up Arms against that pow●r which God had made sacred, and so called us Rebels against God's Ordinances; we then in both Nations found out a distinction (which doubtless was proper and rational enough) of a politic and a personal capacity of the King, the one never died, and was in the supreme Judicature, the Parliament, though the person was absent, who was but a public Officer of that power; and therefore answered, We fought not against his legal capacity, but his personal, commanding and acting those things which were contrary to Law, and the good of the Kingdoms. Let us but improve this distinction to what is done in the execution of the late King. If there may be a separation between the King and his Power and Office, and so he may be fought against, and all weapons of death taken up to oppose him, why is it more unlawful to separate his Head from his Body by the same distinction? F●r what is his Person, when you abstract his Power? or where will you find it but among the common rabble of mankind? Let Charles Stuart be considered without his public capacity and what will become of then name King? All the while you fight against his personal capacity, which is but as Charles Stuart, you fight against but an ordinary and common man; for it's the 〈◊〉 fear of him with such an office that ma●…es him in more than 〈◊〉 ●●in●ry condition. The same Objections of the Royal 〈◊〉 will prove 〈◊〉 be as ●o●e● 〈…〉 up 〈…〉 him, as taking away his life for the same, and farther reasons: for they rightly say, as you cannot consider Kingly power without a person in whom it is invested, but in a metaphysical abstraction, so neither can you act against the person, without considering of him as one without the power, and so as a private man: if our Brethren can maintain the first, and hold it lawful upon ill government or tyranny to separate the person, and the office, we shall easily maintain the last, when he is publicly devested of all, and reduced to a common condition, to use him as an ordinary person in case of felony and treason: for his public capacity was at Westminster, when his person was at Oxford, when we besieged him, and fought against him, so the same capacity was at Westminster, when his body was on the Scaffold at White-Hall, paying unto Justice for his misgovernment, and tyranny; and we beheaded him as a Tyrant not as a King.  
Let our brethren find out some new distinctions, or else we are as far from being murderers, as they from being Traitors and Rebels, which are much of kin together.  
But farther as it is unquestionably lawful on serious, and real grounds to depose, and do justice on Kings, and Princes as other Magistrates, so never was there a greater, and more universal concurrence of all reasons and circumstances, and a greater harmony of the Laws of nature, reason, prudence, and necessity to warrant any Act, than was found, and may be discerned in that Act of Justice on the late King, it will be too large to repeat, let us only rub up our memory, and wipe our eyes, and we may soon glance at that which may easily satisfy us.  
First, Let us but consider the beginning of the actions and tyranny of that person in Scotland, the inhuman promotion of that bloody massacre in Ireland, which unto this day cannot choose but make a trembling in the souls and bodies of any tender heart, which the Scots themselves freely charge him with in the beginning of their Declaration, the gross, and sad oppressions in England both in conscience, and the estates of most of this poor Nation, sadly being since set forth, that the Parliament of both Nations in the most mature, and serious Counsels thought no way fit to remedy the three Nations, but to assist one another in Arms against him, who had left the protection of his people, withdrew from his Parliament, and like a Butcher rather than a Prince of bowels and affection raiseth Armies in every part of the Nation, of the most desperate Malignant, and Popish spirits, to destroy and ruin the Parliaments of both Nations, and after a seven years' war with the expense of an unspeakable treasure of riches and blood, the most precious blood of thousands of Protestants, yea Saints, God having given us victory over his Armies and Forces, as a just determination of the cause we appealed to him to vindicate; yet as a man of blood, while all essays and meanswere using for peace, by his instrument and commissions, raiseth a second war in both Nations, as if the Nation had not drunk deep enough of that sad cup, and without any remorse, gives new Commission to Ormond to be sure to make peace with the Irish Rebels on any terms and conditions, though not one Proposition for the good of this Nation could be hearty consented unto by him; and yet because we would try all means, followed him up and down with Propositions, sending Commissioners sometimes two hundred miles, sometimes a hundred, all to beg his assent to what we had fought for, crouching and cringing as if we were still his slaves, and he had regained his negative vote by our victories; and yet no one Propositition of any concernment after all reiterated essays, that might secure us in our liberties, or Religion granted, but apparently found all the ways used for to gain him, were turned into designs of dangerous consequence against this Nation especially: neither in his most retired and solitary condition, could any perceive the least sense of remorse from him, for all the blood shed in the three Nations, delighting commonly in private to discourse of the wars, and how many were slain, and laughing at every fatal expression, which every Christian heart can never sensibly enough lament, and yet this man must be untouched, and all the blood as utterly forgotten, as it was freely and violently spilt on the ground, and thought sufficiently satisfied for, if he would but set his hand to a few Propositions, though loathing it in his heart: and the same things we proposed in the beginning of the war, and yet we could not obtain that favour from him, freely, and with sense to grant those just desires we had got by the blood of our friends, and the overthrow of all his Armies. Let the Committee of Estates speak from their consciences, and hearken to the secret whisper of their own spirits, and tell us plainly, whether ever there was any hope of ever settling Reformation, and liberty by that person, whether such crimes found in any one person on earth, were not meritorious of the utmost punishment; or whether divine Justice, and vengeance would not have followed this Nation, had we spared that persons life, with the careless oblivion of all that innocent blood shed merely by his Commission, and for his will; and doubtless had not God raised up the spirits of a remnant to do Justice in so public, and glorious a manner, and so have prevented God's judgement on us, the cry of blood was so loud in God's ears, that God would stretch forth some immediate hand and have done it himself, with terror and amazement to all the Nations. And had there been any probable hope of better things from him, yet the good that we should have got by him, would be nothing to the weight of blood that would lie on this Nation unsatisfied for to procure judgements: But what hope was there, was his constitution or affections either to Episcopacy or Malignancy, altered or abated; had he any lower thought of himself and Prerogative, was not the Queen as nearly related to him as ever, did he not as much hate the Covenant as ever, did he want any thing but power, and opportunity to react his old principles? Let us not trifle in these serious concernments; political compliments will not save Kingdoms, the bloodthirsty man shall not live out half his days, saith holy Writ, neither is it murder, 〈◊〉 execute the murderer, but reason, and justice, there is no reason in nature or divinity, that tells us, that Kings are of such pure and refined flesh, that they must in no cause be let blood: what hath been done by the Parliament of England on that man of blood, Heaven, and Earth hath and will witness unto, and we doubt not now justice is done (though it should be but from a raised zeal as Phineas act was, yet the person being the deserving subject of it) the plague shall be stayed.  
And yet however we have all this reason and necessity for that Act, with many eminent providences of God to show concurring with, and following it, yet we free our Brethren from the guilt of the blood, and wish hearty that they may be as free from the consequences of their politic compliances with the late King and his Son, as we are before God of the crime and fault of that honourably memorable Act; they have (if they would speak out) more reason to thank these instruments than charge them who have cut off the visible root of their and our miseries, which neither they nor we know how to make a good use of, and be true to our Covenant and consciences; but though the root be cut down as rotten, they intent to preserve the most natural branch to graft on the old stock of Malignancy, that what the one could not do, the other may if possible, effect.  
But let things be but accounted right, was it not better to do an Act of justice at once, in taking away the King's life, then to have left him dead while he lived, and to have crucified him all days of his life with Papers and Pamphlets, with reproaches and continual representations of his unworthy and bloody actions, and to have wished the same end? yea, only to have let him live to see his misery, and to have beheld those actings, which he accounted as the greatest and highest affronts, and worse than death; it would be a great controversy to determine whether the King thought his imprisonment and restraint more infamous and cruel, or his death: if in the first, the hope of an opportunity of revenge did not refresh and comfort him, certainly it must needs be more honest and just before God and man, for wicked and notorious acts to cut him off from his Kingdom, then by degrees to compliment him out of it, and let him live to see it; in the one shines justice, in the other baseness and deceit: Had he reigned with all the qualifications and limitations we could for the present have put on his Government, we had been ruined, and had he not reigned, we had let him see his best self dead as a King before he died as a man, which is a double death, and so had as it were strangled him, a more ignoble death then beheading. The Committee of Estates might well remember on whom both their Kirk and State, and our Parliament did often on more than shrewd suppositions, lay the death of King James, the loss of Rochel, etc. and with one voice, ye at the last personal Treaty in the Isle of Wight, did law the whole weight and charge of all the blood spilt in the three Nations directly on the King's head, and either it must lie on him or both Nations; and was it fit in conscience that such a head should stand on his body, which was full of so much innocent blood? let justice and reason blush, and Traitors and Murderers, Parricides and Patricides put on white garments, and rejoice as innocent ones, if this man should escape the hands of justice and punishment: Yea, let Montrosse himself, whom the Kirk calls a monster of men, a child of the Devil, clap hands, and be canonised for a Saint, who rid but post, as it were, (and for a little time) through Scotland, destroying and murdering, in comparison of the late Charles Stuart, who hath been the main and only cause of the death of thousands, shall I say, millions of men ever since his reign in England Scotland, France and Ireland, Nature, Reason, Religion, did cry loud for vengeance, and I had almost said, and I may speak it without passion, God himself had eclipsed, yea, lost the brightest beam of his divine justice that ever shined on this lower world, if he had not some way or other brought that person to some eminent and preternatural punishment, and that way which God acted by was the most eminent and glorious: But enough of this, they are satisfied, and so are we, and if honest and just actings now follow, we shall never have cause to repent of that act.  
The last thing he taxeth them withal, is that they have declared his Son King with provisoes, robbing him of all right, etc. I shall say little against the justness of that proceeding, if they will have a King they had need provide first for themselves, yet there is much which may be objected, and to speak truth, as what ever they may expect from their new King will be but out of design granted, and until he get the Kingdom, so their actings seem to be but a bespeaking of a refusal, and though the things they propound be never so necessary and just, yet he hath his negative voice and power to deny them, and yet be their King notwithstanding. It had been a more fair way and less subject to misprision of deceit, to have sent their conditions first,  they proclaimed him King, and so to have let him know he enjoys not the Kingdom by succession, but by election, and compact on such conditions, rather than first to declare him King, give him full right, and then put conditions without which he must not expect to be King; that his Kingly right and power is involved in their conditions, not in any natural right of succession or heirship, and as much as to tell him plainly, you have no right nor title to the Kingdom of Scotland without you grant these terms which we think●●…, and though we have proclaimed you King, will not own you as a King, but really and implicitly depose you, and so found your power only in election and these qualifications, which had they expressed, they laid down the right and true grounds of all power in Kings and other Magistrates which flows immediately from the people, and that mutual compact and agreement that is between them, without which they are but Usurpers and Tyrants; and this is virtually and truly the construction of their carriage to the King, though very commendable and laudable, and if they have a King that will not hearty comply with them in their own just desires, they may think upon a second defensive war in Scotland; yet it's a hard case, that they must travel up and down on the will of a young Malignant, to beg confirmation of Propositions absolutely necessary for their own safety, and the estate, and wisdom, and Religion of a whole Nation hang on the placet of a creature of their own making. They may have time to see, and feel yet, what a snare they are brought into by that one sudden act of proclaiming him King: For, notwithstanding he should grant all their desires for the present, and come in as their King, and royalize it among them; and they as they express it p. 20. should embrace him on these terms, do they imagine whom they lay in their bosom? the Son of a bloody Father, Heir to an entailed curse, more certain then to his Kingdom; trained up himself in blood all his days, one that is set up to follow on where his Father left off; one that never sucked in any other principles, but prerogative, and tyranny, bred up under Bishops and Ceremonies, which the air of Scotland seems to have a natural antipathy unto; one whom they themselves see is far off from harkening to any sound counsel or advice but of those whom both Kingdoms have proclaimed Traitors; who hates the Covenant, and can never take it, but to take them in their own share. Alas, who knows the consequence? who, as soon as they receive him must set him on horseback, and engage against their Brethren of England, who have helped and succoured them in their distress, and fight the old quarrel only in the name of Charles the second. My pen trembles to write; and do not the hearts of the Committee of Estates, and the godly party in Scotland shake, for fear he may seal, and sign to these Propositions? Let him have an Army, he will soon be General, and once a horseback, his young head will carry him far enough. Alas! to see Bishops and Ceremonies in Scotland again, to behold the old Malignants triumphing on the ruins of the Kirk, what a doleful story would that be! Doth not every godly eye foresee this in the dawnings of the day? Hath Chaales Stuart learned so much goodness and honesty, to forsake all his Father's best Friends, to be quite out of correspondency, and affections to his Mother, and Cousins the Popish and Malignant Party in all the three Nations, only to betake himself to live under the good and wholesome Discipline of the Kirk of Scotland? Or can it possibly be conceived, that they should entertain him without his train, either at present, or suddenly to follow after him? Ah poor Scotland, once the terror to Episcopacy and Malignancy, the first promoters of Reformation; and art thou at last feign to take the grand Enemy of Church and State into thy bosom, and dost beg but to enjoy him? Art forced to seek thy peace in thy enemy's quarters? God forbidden: these sighs will be aggravated in honest hearts, if ever such a change should come to pass. Do not they know that God will visit the sins of the fathers on their children, especially the sins of those parents which have been persecutors of the Church, and hinderers of reformation, and have unnaturally spilt the blood of Saints; and most especially when the children have likewise been accessories and actors in the same design? How sad is it, that when God is dethroning Kings, & casting shame upon Princes as the great enemies of his Church, Scotland should be setting them up, and him that never had yet his face towards Zion. This story is too sad to be long insisted on. And therefore on the other side, if he should deny to grant these their desires, or pick, and choose, and propose terms of his own, as his Father did with both Kingdoms formerly, what a snare will yet lie on them, that they should not let their King reign, without prostrating his Conscience and Honour (as he thinks) unto their desires? And may not Montrosse justly tax them with proclaiming him King with Prouisoes, & c? And whereas they may say, they have given him right ad rem to the Kingdom, but not in re to the lawful and actual exercise of his Power, it will not serve the turn; for it's as good never proclaim him King, as not let him reign; yea to proclaim him King, and deny him the exercise of his Kingly Power, is clearly to depose him before he comes to reign, deposing being nothing else but excluding Kings from the exercise of that power they were formerly invested with: And let the world judge who deals more candidly with the King, the Parliament of England, or the Committee of Estates; the one tells him plainly, He hath no Right, but what he gets by the Sword; and the other proclaims his Right, and will not let him exercise it, without either he give them their own terms, or conquer them. King's use not to pass by such courtesies, they take deeper impression than most imagine; he that is not worthy, nor fit to exercise his office, it's pity he should have the name; neither do Kings love to have their pictures drawing when they are dying. Our Brethren are yet treating with the old Enemy, and must pump what they can from his will and pleasure, with continual hazard, while we are trying how to propagate our Liberties and Advantages to the utmost, and under a full sail of Providence: We might have been all this while treating, and have given as much time to our Enemies to plot, as we to settle; but God will countenance and prosper the most sincere and plain honest deal; and if we perish, (which would be more sad otherwise) yet it's in doing our duty, and as seeds of a more glorious Church and Commonwealth.  
There is one thing more in the conclusion of this Declaration, wherein they say, That they hope there is none in that Land, or if any be found so base, foolish, and treacherous, as to hearken to the vain promises of James Graham, etc. they do declare all such as join with him, or his Adherents, in Arms, to be guilty of high Treason, etc.  
But what if their King join with him? he is truly proclaimed a Traitor: Nay, what if the King gave him that Commission to be Lieut. Governor, and Capt. General for his Majesty, etc. which Paper expressing this Commission, they say, pag. 11. They have burnt by the common hangman at the Cross at Edinburgh: And have they not then burnt the King's Commission? and in an idem, and representation, held forth what they mean to do with his person, if he prove the Author of the Commission, and be found to join with Montrosse. It's accounted in the Civil Law, and I think in the Laws of England, That what is done to the picture, or public representation of a person, is much more done to the person itself: for if they vent their malice to the dead image, much more would they to the living person: The image and portraiture of Kings are not seen in the lineaments of their faces or bodies, drawn by the mixture of colours, and the fancy of a painter, but in their public Representations, in their Commissions and Grants, wherein they appear in their office; for else as fair and authentic, grave and majestic faces may be drawn better to represent nature, then in the best of them.  
But all these things, formerly excepted against, are but mistakes, and politic Evasions by the Committee of Estates: Let us now consider (waving all personal and particular Engagements, (and supposing an error in our Proceed) and seriously consider together what may unite us, or rather recover the fence of our Union, and reciprocal Concernments: We are not conscious of ever sinning, or transgressing against the Privileges of Scotland, (though we are loath to repeat their Actions in England, and concerning it,) if we have offended or done any thing against their real Privileges, we shall humbly acknowledge it with great sense; and wherein the Union hath been broken on our side, shall endeavour to make it up with satisfaction: but if our Brethren think that the King will unite more than the Covenant, we are sorry we must not only descent, but differ: There is no means left to preserve these two Nations in the eye of Reason, but their Union together in common principles, (waving the particular miscarriages of both Nations: And how ever we may imagine, and make a fancy of Sectaries, equally to be opposed with Malignants, we shall find, and they, with a witness, that the one is possible, and easily curable, by a strict Conjunction with the honest and prevailing party, the other engaged against both.  
There is no difference between our Brethren and us of moment, but about Kingly Government, and the persons which must reign, against which we have upon just Reasons protested; and it will be hard for them to bear the single burden of that Monarchy, which expects to be maintained by the three Nations.  
And though we dare not dishonour our Cause and Nation, to beg a Union, and their Correspondence, (which yet will be both honourable and safe to both Nations,) and scorn to stoop the grandeur of this Commonwealth so much as to entreat them into the consideration of their own condition, as they do mechanically follow their and our Enemy (called their King;) yet we shall be glad to renew any ways of amity and affableness with that Nation, and shall account it a high and special favour from Heaven, if he give us wisdom to join our Interest together, in the preservation of the true and right ends of the Covenant, which will else be forgotten among us, and to settle Religion against these which may be truly called Sectaries, and Government contrary to Episcopacy, and most proper for Reformation, in the settling of an able and powerful Ministry, and purging Congregations: In a word, the countenancing all the ways of godliness, which we have an happy opportunity now to effect, the principle Obstante removed out of the way (upon whose voice we put the determination of the welfare both of Church and State;) and if our dissenting Brethren in England, and those in Scotland, would but lay aside private and special Interests, and mind the public, and take advantages of Providences, how soon might they have both Kirk and State reform, even unto the utmost period of all desires: If there be any defect in setting up Presbyterial Government, in taking care for the Ministry, I wish it may not prove to lie on the Ministers themselves, who, out of Principles of Royalty, or private Engagements do not only withdraw from, but speak against this present Government, and the righteous Constitution of it. But if our Brethren will wave the Covenant, and make the King the medium of our union, we have done our duty. Let the Issue be tried, we shall venture on the same Providence, maintain the same Cause, however the change be in persons and spirits: Reformation of Religion in Doctrine and Discipline, Civil Liberties, a universal Propagation of the Gospel being our end. Let them see if K. Charles be the fit Instrument to effect these honest things. If the Parlia. of England follow not the most adequate and best means to that end, viz. of the setting up pure Religion, and just Liberties, after all the Mercies they have enjoyed from Heaven; and if the Kingdom of Scotland join not with them on these Grounds, waving all other considerations, they will both be Anathema Maranatha: And if Reason and Religion cannot decide the Controversy between Brethren, the Sword will never do it, especially when enemies shall manage it, but endanger the ruin of both. If our Brethren will not hearken to terms of Peace and Love, but, besides their own danger and hazard, will embrace the Enemy of this Commonwealth, not only to sojourn, but reign among them, they must give us leave to secure Religion and Liberty as well as we can, and once more leave it to Providence to umpire: Only it will be sad, that while we are trifling about names, and punctilios of things, our common Enemy should grow strong, and destroy us. I have nothing else to add, but to retire myself into my Closet, and bewail the Divisions of both Nations about Ceremonies and Shadows, while their and our Enemies laugh and design; and to lament for our ignorance, who think that a Malignant King can be brought in to reign without a Malignant Interest, and that we should be all the days of our lives pruning the branches, and cutting them off, and yet be strengthening and fattening the root of our miseries. I end with prayer to the Almighty, That both Nations may have a true sense of the Glorious Actings of God these last years, and may know the true and proper Interest of Religion and Liberty, and both unite once more in common Principles, That the good Work of Reformation so blessedly begun, notwithstanding the Malignant Parties in the three Nations, may receive no obstruction in its perfection by these that profess to intent the growth and glory of it, that while we are striving who shall have the Shell, Prelacy and Malignancy may not get the Kernel, and recover their lost Interests by our private and particular Discontents.  
FINIS.