A TRUE RELATION Of a Second victory Over the Scots at Hamilton, commanded by Col. Kerr, who is taken by the Parlament's Forces, with other Prisoners of quality. Certified by an Express from my LORD GENERAL. Hereunto is annexed The Remonstrance of the Western-Scottish Forces to the King, and Committee of Estates, Octob. 25. 1650. And in Answer thereunto The Declaration of the King, and Committee of Estates against the said Remonstrance, Nov. 25. 1650. With other Censures thereupon. LONDON, Printed by W. D. by the appointment of the Council of State. SIR! I Have now sent you the Results of some Treaties amongst the enemy, which came to my hands this day; The Major-General, and commissary General Whaley marched a few daies ago towards Glasco, and the enemy attempted his Quarters in Hamilton, were entred the Town, but by the blessing of God, by a very gracious hand of Providence, without the loss of six men as I hear of, beat them out, killed about an hundred, took also about the same number, amongst which are some prisoners of quality, and near four hundred horse( as I am informed) the mayor General being in the Chase of them, to whom I have also since sent the addition of a fresh party. Colonel Kerr( as my Messenger this night tells me) is taken, his lieutenant Colonel, and one that was sometime mayor to Col. Straughan, and Kerr's Capt. Lieutenant; the whole party is shattered, and give me leave to say it, If God had not brought them upon us, wee might have marched three thousand horse to death, and not have light on ten of them: and truly 'twas a strange Providence brought them upon him: for I marching from Edinburgh on the North-side of cloyed, appointed the mayor General to march from pebbles to Hamilton on the South-side of cloyed; I came thither by the time expected, tarried the remainder of the day, and until near seven a clock the next morning, apprehending the mayor General would not come by reason of the waters; I being retreated, the enemy took encouragement, marched all that night, and came upon the mayor Generals Quarters about two hours before day, where it pleased the Lord to order as you have heard. The mayor General, and commissary General( as he sent me word) were still gon on in the prosecution of them, and saith, that except one hundred and fifty horse in one body, he hear's they are fled by 16 & 18 in a company, all the country over. robin Montgomerie was come out of Sterling with four or five Regiments of horse and Dragoons, but was put to a stand when he heard of the issue of this business, Straughan and some other Officers had quitted some three weeks or a month before this business; so that Kerr commanded this whole party in Chief. It is given out the Malignants will bee all( almost) received, and rise unanimously and expeditiously; I can assure you that those that serve you here find more satisfaction in having to deal with men of that stamp, then others; and it is our comfort, that the Lord hath hitherto made it the matter of our prayers, and of our endeavours,( if it might have been the will of God) to have had a Christian understanding between those that fear God in this Land and ourselves; and yet wee hope it hath not been carried on with a willing failer of our duty to those that trust us; and I am persuaded the Lord hath looked favourably upon our sincerity herein, and will still do so, and upon you also, whilst you make the interest of his people yours; Those Religious people of Scotland, that fall in this cause, wee cannot but pity and mourn for them, and wee pray that all good men may do so too; indeed there is at this time a very great distraction, and mighty workings of God upon the hearts of divers, both Ministers and people, much of it tending to the justification of your cause: and although some are as bitter and as bad as ever, making it their business to shuffle hypocritically with their Consciences and the Covenant, to make it lawful to join with Malignants, which now they do, as well they might long before, having taken in the Head of them; yet truly others are startled at it, and some have been constrained by the work of God upon their Consciences to make sad and solemn accusations of themselves and lamentations in the face of their Supreme authority, charging themselves as guilty of the blood shed in this war, by having a hand in the treaty at Breda, and by bringing the King in amongst them; this lately did a Lord of the Session and withdrew; and lately Mr James Leviston, a man as highly esteemed as any for piety and learning, who was a Commissioner for the Kirk at the said treaty, charged himself with the guilt of the blood of this War, before their assembly, and withdrew from them, and is retired to his own house. It will be very necessary to encourage Victuallers to come to us, that you take off Customs and Excise from all things brought hither for the use of the army. I beg your prayers, and rest Your humble Servant, O. CROMWEL. Edingburgh 4o Decem. 1650. To the Right honourable the Committee of ESTATES. The humble Remonstrance of the Gentlemen, Officers, and Ministers attending the Western Forces. ALthough wee do not judge of the undertakings of the Lord's People by the success, and bee not shaken by the dissipating of our army, nor brought to question our cause; yet wee think our selvs and all the People of this Land called, by these late dispensations, to search and try our ways; wee do therefore esteem it our duty, while wee are about to adventure our lives against the enemy, as Providence shall give opportunity, freely and faithfully to make our thoughts known to your Lordships, concerning the causses and remedies of the Lord's indignation, which hath gon out against his People; wherein, as wee suppose, wee need not insist upon the sins conteind in the late causses of the Fast, published by the Commissioners of the Kirk, relating to the conduct and carriage of our army, and other things; but wee shall to that which most directly concerns your Lordships. 1. That which is obvious in the first place, amongst the sins of the Land, is in our late proceedings with the King; wherein that wee bee not mistaken, wee shall distinguish betwixt our duty and our Sin. Wee own and acknowledge it for our duty, to use all lawful means for reclaming the King, and to own his interest, according to our vocation, so far as he own's and prosecute's the cause. But wee are convinced that it is our Sin, and the Sin of this Kingdom, that, when the King had walked in the ways of his Father, in opposition to the work of Reformation, and Solemn League and Covenant, until he had gon the length of confirming a peace with the Irish Rebels, for pardoning of all the blood shed of so many thousand Protestants, and allowing them the exercise of the Popish Religion; and till he had given Commission to that Apostate Rebel James Graham to invade this Kingdom; that, after all this, Commissioners should have been warranted to assure him of his present admission to the exercise of his royal Power, upon his profession to join in the cause and Covenant, not onely without any further evidence of his repentance into, and removing of the Lord's controversy with his Father's house, and without convincing evidences of the reality of his profession, and his forsaking his former principles and ways, but when there was pregnant presumptions, if not clear evidences of the contrary. 2. That there was so great hast and precipitation, and a second address to the King, after the first had been rejected, as appeared in the public motion of it, without any previous consultation about it, in the sudden election of Commissioners for the solemn Address, and in refusing to delay the matter till the meeting of the parliament, then very near; and all this hast made, when there was information given, that his majesty at the same time had given Commissions to invade this Kingdom, and without seeking the Lord's direction in a matter of so high consequence to the work and people of God. 3. That the treaty was continued after the Lord had clearly discovered the King's unright dealing in the actual Invasion of this Kingdom, by his Warrant and Commission during the treaty. 4. There was too great forwardness in some of the Commissioners to close the treaty without satisfaction approven by the parliament, and the employing instruments to persuade the King, who were either open enemies to the cause and Covenant, or had dealt deceitfully therein; from whom nothing could bee expected but to teach his majesty dissimulation and outward compliance, rather then any cordial conjunction in the cause and Covenant. 5. When the parliament of this Kingdom was acquainted with the transactions of our Commissioners with the King at Breda, and had declared their dissatisfaction with several things therein, and had made the same known to our Commissioners; yet plainness and freedom was not used with the King, to declare unto him before he came from Holland the sens of this Kingdom upon the treaty; but his majesty was brought to Sea with a wicked company of Scots and English Malignants, expressly contrary to the directions of the parliament. 6. When the Lord had, in a wonderful Providence, brought to the view of the parliament his Majestie's bloody Commissions to James Graham, and several Letters discovering his firm adherence to his former principles, even when he was proposing a treaty with his Kingdom, and of his resolution to make use of the Forces levied by James Graham, for the subduing of this Kingdom, during the time of the treaty; notwithstanding all this, they proceeded to close in treaty with the King, and admit him to the present exercise of his Power, and that before any trial had, or evidence of any real change in him. These things wee look upon as high provocations before the Lord, threatening no less then destruction to us and to our King, notwithstanding this sinful way of agreement, for which wee and many of the Lord's people in the Land have mourned, finding nothing in all the progress of the business that might give us any sure ground of hope that the Lord's controversy was removed from the royal family; yet having been willing to wait until the Lord should make some discovery whether the King had really joined in the cause and Covenant, or had onely come in for worldly ends and designs, and had reclaimed his old enmity with the work of God, and friendship with the enemies thereof: but now there being clear evidences that the Land hath been deceived and ensnared by his dislembling in the Lord's work, as may appear 1. By his countenancing and entertaining the Malignant party in this Kingdom, his cleaving to their company, and following their counsels, who have abused him and taught him to continue in his former opposition to the work, and in his late compliance that he might wind himself into power to prosecute his former designs. 2. By his keeping correspondence with the notorious enemies of the work of Reformation and Covenant abroad, such as the marquis of Ormond, and the Earl of New-Castle, and others. 3. By his refusing to sign the Declaration offered to him by the Committee of Estates, and Commissioners of the General assembly, until he was necessitated by Declarations concerning him, and till it was in a kind extorted from him. 4. By his pursuing this same design since the treaty as before, endeavouring to have the Malignants of this Kingdom in Power and Trust, as appears by his frequent conversing and correspondences with them, notwithstanding they are discharged the country by Act of parliament, by his writing to the Commission of the Kirk to that purpose, and when it was denied by them by his Instructions to the Lord Chancellor communicated to the Committee of Estates the 26 of Septemb. last, pleading for a conjunction with the Malignant party; And at last when neither Kirk nor State did give their concurrence therein, he deserted the Counsels of the Kingdom, and privately did conveie himself away to join with the Malignants, who had ever since his coming to the Kingdom waited for that opportunity, and with whom he had corresponded, carrying on a design to rais them again in arms. By these things it being now manifest that the King is not prosecuting the cause of God, and walking in subordination to God, but rather in opposition to the work of God, and to the Covenant, and cleaving to the enemies thereof; according to the Declaration of Kirk and State of Edinburgh 13. of August 1650. wee disclaim all the sin and guilt of the King, and of his father's house, both old and late, and declare wee cannot own him, nor his Interest in the state of the guard betwixt us and the enemy against them,( if the Lord will) wee are to hazard our Lives; And further for the remedy of what is past, and preventing of our own sin and danger of the work of God in this land; wee humbly offer to your Lordships, that, besides the repenting of, and humbling of your selvs for these things, your Lordships would bee pleased, according to the Act of the seventh of Sep: last, judging it necessary security for the cause, that the King forsake counsels and Counsellors that hath been opposite thereunto, and according to the Act of parliament, explaining the invitation which approve's thereof onely in this sens, he performing satisfaction to the four demands, and according to the Act ratifying the treaty, and putting him in the exercise of his power, with the like restrictions and conditions usual, and according to the Counsels of this Kingdom and Kirk, to consider that the King not having forsaken the Counsels, and company of Malignants, but still cleaving to the same, notwithstanding all the endeavours of Kirk and State to the contrary; and not having performed the satisfaction promised by him in the treaty, and not ruling according to the Counsels of the Kingdom; but forsaking the same to join with malignant Counsels and forces which he was bound to abandon, whether this bee not such a breach of his condition, to perform the satisfaction promised, and such a discovery, that he hath not joined cordially, and hearty in the cause and Covenant, as give's good ground, not to entrust him with the exercise of his power, till such time as there shall bee convincing, and clear evidences of a real change in him, and that your Lordships should take an effectual course for preventing of the King's conjunction with the malignant party, for the time to come, and for the trial of the late malignant design of his deserting the public Counsels, and of all those who have had accession to it, and for disabling malignants, and who have by the late actings discovered the deep hypocrisy, and mocking of God by a profession of repentance) till they bee out of capacity to hurt the work and people of God. 2. Albeit the public Judicatures of Kirk and State have in their Declarations sufficiently cleared themselves of that guilt which is unjustlie charged upon them by the adversary, to wit, an Engagement to the King, and a design laid down to invade England, and force the King upon that Nation by Arms, and although wee can purge our selvs before the Lord, that wee never had any such design, which wee can profess with the more clearness, because neither the lawfulness nor necessity thereof, nor our calling thereto was ever so much as debated in the public Judicatories, all which was declared to bee necessary previous to any such resolution, and to which wee still purpose to adhere: yet wee beseech your Lordships to consider, whether in God's sight, who will not bee mocked with Declarations contrary to intentions, there bee not just cause to charge some eminent persons in our Counsels, and forces with such Engagements and designs, to invade England for the enforcing of the King on that Nation, and for enriching themselves with their spoil, and that the Lord is righteous in doing to this Nation, as many in our Armies did to England, when wee were called in to their assistance, and as was now intended by many to bee don again by a new invasion. Let it therefore bee examined, how great a provocation this is in any person, to have intended an invasion, and forcing of the King on another Nation not subordinate to us, without any previous debate, and determination of the lawfulness and necessity thereof, by the parliament and general assembly, or their Commissioners, and without the previous cleared of our calling to it, and without the previous removing of the Lord's controversy against the King, whom justly the Lord hath removed from the government of the Kingdom, whatsoever injustice was on man's part; And what an intended conjunction with the malignant party, so far contrary to the public Declarations of the Kingdom, and attestation of God, that wee had no such designs. If it bee sin in us, to have put into the King's hands the exercise of power in this Nation, before evidences had of a real change in him, how much more sinful must it bee to have designed, or endeavoured the putting of more power into his hands in England? Wee cannot judge otherwise of such a design, then to bee a preferring of man's interest to God's, and a betraying of his cause, and people into the hands of one, who had not laid down his enmity against both. In the next place, the great and Mother-sin of this Nation wee conceive to bee backsliding breach of Covenant, and engagements unto the Lord. It hath been our manner in all our troubles, to take vows and resolutions against these sins, which have been looked upon, as causses of our affliction; wee have so often lied unto the Lord with our tongues, and flattered him with our lips, that wee deserve to bee no more trusted by him. And as wee purpose not to forget our own breaches of Covenant, and sins of that sort; So wee humbly desire your Lordships to lay to heart 1. How unanswerably you have walked to your solemn Engagement, to purge Judicatures and Armies, and to fill the places of power and trust, with men of known good affection to God, and of a blameless and Christian conversation. Have not some among you been the chief obstructers of that work, by retarding conclusions, by sending to make them ineffectual when they have been taken, by your partial dealing, differencing of men according to your interest, countenancing, favouring, keeping in, and helping into places of power and trust, such malignant and profane persons, as might bee subservient, to your designs, by your reckoning of qualification good enough, as a man was free from accession to the Engagement, though he were otherwise malignant or profane? by your sparing those of eminent place, and trust in Judicatures and Armies, and taking no trial of their qualification, according to your vows, while you were doing some devoir upon those of lower degree, whereby it hath come to pass, that there remain yet spots in your Judicatories, which diminish your credit and authority, and occasion is given to the enemy to blaspheme the cause of God. For remedy whereof, may it pleas your Lordships to take yet an impartial way of removing from the King, the Judicatories and Armies, such persons, as have not the qualifications contained in the seventh desire of the Kirk to the parliament 1648. and in the tenth and twelfth pages of our solemn Engagement, for keeping of the Judicatories and places of Trust free from corruption, that your Lordships bee not found walking still in the same way sinning yet more and more, when wrath is gon out upon the whole Land; Let it bee far from your Lordships to hold fast deceit, and to refuse to remove from you every sin, which hath been publicly acknowledged by you, and all this Kingdom. 2. Albeit, nothing can bee added to that which is spoken of the madness and sinfulness of complying with malignants, in the first and sixth pages of the solemn acknowledgement and engagement: yet many of your Lordships have removed and slidden back, to the way which not long since you called sinful before God, by receiving Malignants into intimate fellowship with your selvs, admitting them to your counsels, and bringing in some of them to the parliament, and Committees, and to bee about the King: so that there are many pregnant presumptions of a design in some of your Lordships to set up and employ a malignant party, at lest, there are demonstrative evidences of a strong inclination to entrust them again with managing the work of God. When wee compare together the assurances that were given to malignants, that were with the King in Holland, the bringing of these home, the studious endeavours that have been used to keep some of them about our King, and about our Covenant, the admission of all the malignant party to resort to the Court, without any effectual restraint, the foreflowing of, and grudging at the purging of the army from malignant persons, the obstructing of the purging of the King's family, and lifeguard of horse. The pleading of some in Judicatories for persons that are secluded from trust by the public resolutions, the profession of others in the Committee of Estates, of their desire and resolution, to put power in the hands of eminent and known malignants in Scotland; And of raising the malignants in England in arms under the name of the King's party, in the connivances of some amongst you, at the correspondencies with the enemies of the cause abroad, in the leaving out upon debate the qualifications of the Act of parliament for the levies and posture, the endeavours that have been used to hasten the King's Coronation, and for putting him in the exercise of his power, notwithstanding he hath not forsaken his evil counsellors, and company of malignants, according to the treaty; And lastly, when wee join with all these, assistances and endeavours of many, in the Committee of Estates, for carrying on the King's late Propositions of a conjunction with the malignant party, and with the Clanns and Highlanders, who have been in rebellion, wee wonder that your Lordships are not ashamed, so quickly to have turned aside and forgotten your late vows, and the many bonds that are upon you, to abstain from such ways; and wee humbly think that your Lordships give too great occasion to the enemies, that have invaded our Land, to charge you with a malignant design, and setting up your old malignant interest; for remedy whereof, wee humbly propose, not onely that all such backslidings may bee repented of, and all such conjunction with the malignant party forsaken, and abhorred; but that a speedy and accurate way bee taken by your Lordships, for discovery, and removal of all such persons, as shall bee found to have contrived, and actively promoted the foresaid design from the Committee of Estates, the Court, the army, and all other places of Trust, that the Lord's work, and the Kingdom may not bee in hazard through their influence upon the public Judicatories, or upon the army. Whereas the sins of oppression, Covetousness and self-seeking have been often reproved in your Lordships, and are enumerated with the iniquities of this Land, and confessed, and vows taken for avoiding these sins for the time to come in the solemn acknowledment and engagement; yet wee conceive, amongst other sins, for the iniquity of your covetousness, the Lord hath been wrath, and hath smitten the Land, and for your self-seeking and studying your own interest, because, notwithstanding you and wee have said to the Lord and sworn, that denying our selvs and our own things, and laying aside all self-interest and ends, wee shall above all things seek the honor of God, and the wealth of his people: yet who know's not that some of your Lordships have made your power, places, and employments rather matters of gain, and interest to your selvs, then seeking the good of the cause, and the wealth of the people? where is the denying of your selvs, and your own things that was promised to the Lord? Hath not your little finger been heavier then the loins of that worthy ruler that would not eat the bread of the Governor, that he might eas the people's burden? How few are there amongst your Lordships, who will empty themselves for the good of the cause? For remedy whereof, wee beseech as many of you as have greedily gained, and made advantage of the public, and of the poor of the Land, and by the Levies, King's Revenues, Fines, and borrowed moneys, and byways of fingering sums, have drawn in to your selvs and friends that which belonged to public use; that you would clear your hands of your dishonest gain, at which the Lord will smite his hands, and which will bee a moth to consume your houses; and let the extortioner and oppressor oppress no more; and let it bee looked on as your Lordship's duty, impartially to bring all men to an account for the past sums that have been mis-applied, and known oppressors brought to condign punishment. 4. Notwithstanding wee have acknowledged our sin in following, for the most part, the counsel of flesh and blood, and walking more by the rules of policy then piety, harkening more unto men then unto God; and albeit wee have solemnly engaged our selvs, that forsaking the counsels of flesh and blood, wee should depend upon the Lord, and walk by the rule of his Word, and harken to the voice of his servants, yet it is too manifest that the Lord is exceedingly provoked by the politic ways wherein many of you walk still, not onely mixing your private ends and interest with those things that concern the public good, but many times preferring them by opposing and retarding Gods Work, till you may carry along with you your own interests and designs. Wee beseech your Lordships to lay to heart your politic way of walking, and as before the Lord to examine your selvs, whether your way have not been full of policy and carnal wisdom in the matter of bringing home the King, disposing of places of trust about him, and ordering the chief conduct and other inferior officers in your Forces. Let your own hearts prick, whether the rule whereby you have walked in all these, hath not been, how to establish your selvs, rather then the Work of God, King, and Kingdom; and how some of you might have a great and predominant interest in all these; it is too evident, some of your Lordships have not cared much how few friends the Lords Work had in these places of trust, if so you might have many friends to espous your interest, and politic ends and ways. Wee cannot forget how some amongst your Lordships who have vowed to the Lord in the day when the friends of your cause were low, and when some of your Lordships also were brought very low, that you should cleav unto your trust, and employ such persons in the Land as feared God, & were truly religious, and should never divide from these; yet for all that, some amongst you have looked upon all, or most of these in whom the power of godliness hath appeared, with an evil and jealous eye, and have not onely neglected to countenance and encourage such, but rather have rendered them and their actions odious and suspected; for which things the wrath of God hath gon forth, and is like to continue till your Lordships and wee shall learn to put a difference betwixt the precious and vile, and till wee have the power of godliness in greater estimation. Wee would not have your Lordships to think that wee look upon these things wee have remonstrated to you, as the onely causses of these sad things that are upon the Kingdom, or that wee think our selvs not guilty or accessary to the procuring or drawing on these bitter things that are upon us. The Lord know's, wee are so far from such thoughts, that although your Lordships were innocent of all these transgressions, wee are convinced that in us there is as much guiltiness as makes us fear it hath been the wors, and may yet fare wors with the Lord's People, that wee are amongst them, and with his Work, that our hands are about it. In the sens whereof, as wee have desire to humble our selvs, so wee purpose to take new occasion for a free acknowledgement of our sins, and to bee humbled for them, and to renew our engagements unto the Lord, to bee more real and sincere in preferring all the ends of the Covenant, and duties therein contained, according to our vocation. Neither would wee have your Lordships to think, that in our free dealing with you, wee have been lead with the spirit of bitterness, or desire to discover your nakedness to the world, or to strengthen the hands of the adversaries. he who knoweth our hearts, knoweth wee desire to carry our selvs respectively and dutifully to the public Judicatories, and to tender their authority and credit as our lives. Nor is it in our hearts to provoke your Lordships to unlawful courses, but earnestly to desire you to avoid them; nor have wee any design to follow the footsteps of a Sectarian party, and change the fundamental Government of this Kingdom by King and parliament, or any leveling way, as wee hear some would falsely calumniate our honest intentions; the Lord, before whom all things are naked and manifest, know's wee detest and abhor such courses; onely wee hold our selvs bound humbly to hand forth of persons in the Government, and to desire to bee more tender of the good of the cause and Kingdom, then of any person whatsoƫver; and to choose rather to hazard the displeasing of men, then to incur God's wrath through our connivance at their corrupt ways in their places of power. Yet wee shall freely tell your Lordships whence this hath proceeded: wee being persuaded in our consciences of the unrighteous dealing of these who have invaded us, and wasted our Land, and trodden down the precious Ordinances of Jesus Christ, and shed the blood of the Saints, and that the necessity of the fainting people of God calleth us to the uttermost adventuring against the enemy, being also sensible of our own condition, and dis-proportionable strength for attempting of any thing, except wee bee mightily helped, and assisted, and countenanced by the Lord; but, above all things, being afraid of sin and wrath, least that should meet us now when wee are resolved, according to our capacity, and as God shall give us opportunity, in his strength to venture our lives against the enemy; and not knowing whether some of us, or any of us, shall see your Lordships in the face, or hereafter have any occasion to speak for the discharge of our consciences, wee have therefore, and for our own exoneration, thought it necessary to leave this testimony of our sincere detestation of these sins, and of our desire to bee found free of them, if the Lord shall suffer any of us to perish in our duty, and to lay these things at your door, as in the presence of the Lord, who onely can make you and us repent and reform our ways, declaring to your Lordships, that wee shall desire unfeignedly to mourn for these sins, and that there are engagements in our hearts before God, if he shall lengthen our daies, and take pleasure in us, to make us any ways instrumental in his Work, and for his people's good and safety, wee shall, to the utmost of our power, endeavour to get these things removed, according to our places and calling. The Declaration of the Committee of Estates concerning the Remonstrance of the Gent. Officers and Ministers of the West. and their sens thereupon. 25 of Novemb. Post meridiem. THe King's majesty and Committee of Estates having taken into Consideration a Paper presented to the said Committee at Sterling the 25 of October, in name of the Gentl. Officers and Ministers attending the Western Forces, and likewise a Petition presented unto the said Committee at Pearth the 19 of Novemb. instant, desiring a satisfactory answer thereunto, do hereby declare. That they have always been, and are still willing that all faults and miscarriages of any, as well their personal carriage, as in discharge of their public trust, may bee discovered, redressed, and punished, according to the laws of the Kingdom; and that they find it their duty to show their dislike of many things remonstrated and held forth in the said paper: yet being desirous to follow the ways of Gentleness and lenity, rather then to look upon the Paper with that acute inquiry which otherwise might have been don; they have resolved in General to declare as followeth: That they find the said paper, as it relate's to the parliament and Civil Judicatories, to bee scandalous and injurious to his Majestie's Person, and prejudicial to his authority, and, as it relate's to Religion and Church-Judicatories, they are to desire the Commissioners of the Church to give their sens thereupon, and that in regard of the effects it hath already produced, and those that are like to follow thereupon, if not prevented, it holds forth the seeds of division of a dangerous consequence, and that it is dishonourable to the Kingdom in so far as it tends to a breach of the treaty with the King's majesty at Breda, approved in parliament and General assembly: That it also strengthen's the hand of the enemy, giving him to justify his most unjust invasion, and the bloodshed and oppression committed by him in this Kingdom; and weaken's the hands of many honest men: And likewise the said Paper holds forth in the close of it a Band of high and dangerous Consequence, and albeit the said Paper hath been wickedly and subtly contrived, yet because some honest, faithful and religious Gent. Officers and Ministers, and others of approved fidelity in the cause, of whom they do not harbour the least thought to their prejudices, have been thereby ensnared; Therefore the King's majesty and Committee of Estates do hereby declare the said Persons free of any imputation upon their names, or censures upon their Persons or Estates, excepting herefrom all such who shall adhere to the former Remonstrance by persisting in and prosecuting of what is therein contrary to the Laws of the Kingdom. Sic subscribitur Lowden cancel. This Declaration was also produced the 25 of Novemb. in the Commissioners of the Kirk by the marquis of Argile, the Kings Advocate, and James Sword, Provost of St Andrews, and red. The sens of the Commissioners of the general assembly upon the foresaid Remonstrance. 28 Novem. 1650. ante meridiem. THe Commission of the General assembly having received from the honourable Committee of Estates a Paper declaring their Lordships sens upon a Paper given in to them, entitled, The humble Remonstrance of the Gentlemen, Officers, and Ministers attending the Forces in the West, and desiring withal that the Commissioners of the General assembly would give their sens upon the same; Therefore the Commission having taken into consideration the said Remonstrance, doth find and acknowledge therein to bee contained many sad truths, in relation to the sins charged upon the King his family, and the public Judicatories, which also wee are resolved to hold out, and press upon them in a right and orderly way, together with such other fins as wee find by impartial search, and the help of the Lord's Spirit upon our endeavours therein, that they may take with them, and bee humbled before the Lord in the sens thereof. Wee do also find it our duty to show that in respect there seems to bee therein entrenching upon some Conclusions and determinations of the General assembly, and in respect of inferences and applications made therein in relation to the King his interest and Exercise of his Power and Government, and in regard of the Engagement which in the close thereof they declare to bee upon their hearts before God, in relation to endeavours for remedying things contained in it; Wee are dissatisfied therewith, and that wee think it apt to breed division in this Kirk and Kingdom, and as we do already find in part by Experience, and that the enemy hath taken advantage thereat, and because of the tender respect and love wee owe and most cordially carry to the Gentlemen, Officers, and our Brethren of the ministery, who have concurred in the said Remonstrance, as being religious and godly men, and such as have always given proof of their integrity, faithfulness and constancy in the cause of God, and for entertainment of love, unity and communion among the people and servants of God in acting according to every mans calling and station against the public enemy, the breach of all which Satan is at this time eagerly driving at, and the enemy greedily desiring and expecting; Wee do draw to forbear a more particular examination of the said Remonstrance, expecting that at the next Diet of the Commission these worthy Gentlemen, Officers and Brethren will give such a Declaration and Explanation of their intention and meaning as may satisfy both Kirk and State without any further enquiry or debate thereupon. FRom this Act of the Committee of Estates the persons following dissented, but almost all upon several grounds, most being in their Judgments against the Remonstrance; but some more, some less, and therefore some pleaded for a present answer to the Paper; but would have had it after calling in of the Presenters of it to be heard there anent; others were for a more modest and charitable construction of it; and a third party was for a delay till time should clear some jealousies, and at least all parties interest have a diet assigned to them, to have been heard: All which being refused, they dissented; yet some knowing since somewhat of the nature of a dissent, as it differeth from a simplo Negative Vote, do profess that they had not any such thought, and yet upon all adventures draw not to desire to bee deleted. Dissenters in the Committee of Estates: Earl of Casiles. Viscount Arbuthnec. The Lord Burley. Lord Register Warristown. sir Dan. Carmighell Lo. Treas. Dep. Lord Holmby. Lord Hopton. The Lord of Freeland. sir will. Scot. crack Darrock. Busby. sir Rob. Adare. General quartermaster Stewart. Robert Lockhart Bailiff of Edinbrough. John Denholme. John Jeafrey. Patrick Rosse Dissenters in the Commission of the Kirk upon such grounds as is expressed anent the Dissenters in the Estate. Mr James Guthrie. Mr Sam. Rotherforth. Mr Andrew Kant. Mr Alex. Leviston. Mr Hugh pebbles. Mr David Bennet. Mr Hugh Keneday. Mr will. Row. Mr Tho. Ogill. Mr Rob. Lockhart. Mr Hugh Archibald. Beside these Mr Patrick Gilespie, Mr Gab. Maxwell, Mr Alex. Dunlope as being Remonstrators were removed in the time of the vote, but protested against this Procedure of the Commission, that in due time it might not hinder or prejudg them to seek redress in the way that Christ allows, and to them did adhere of Ministers present, though not members for the time of the Commission, Mr Tho. Wyley, M. will. Adar, Mr Alex. Movereif, and a number of others, and in name of the general and Officers did Geƶ, Porterfeild Provost of Glasco enter a Protestation, all the aforenamed persons did rise and desert the Commission upon the next day, and many from that moment of passing the Vote, deplorable by this Kirk. THe Commission of the Kirk met, and being desired to concur in the Remonstrance from the western Forces, did refuse until they should consider of the several parts thereof, to which purpose there was a Conference appointed, wherein Mr James Wood and Mr Rob. Dowglas were eminent for opposing and impugning as well of the manner as matter and applications therein made, but it did not close till the day you see above mentioned, in which the vote was passed there anents, though very much pains was taken by men that did hope Reconciliation, whereof there neither was, and now much less is there any appearance, it having been publicly affirmed by some in a Conference with the Committee of Estates, that they did hold the Admission of the King to the Exercise of his power without the Qualifications expressed in the Remonstrance, and the continuance of him in it, notwithstanding of his breaches of all to bee sinful, yea, and to bee a sin of that nature, that did oblige them necessary to separate themselves from such as would stand for him, and this hath been renewed to several since, I know by and to whom, however after these remonstrances were gon the Commission hath opened the door to Malignants a great deal wider, and the Estate is now to make use of many formerly refused, some at the desire and recommendation of the Kirk; the Kirk did at this time fall upon invitation of several ingagers to come and serve, as the Lord Yester, Col. Lockhart, and Col. David Barkley, the Earl of Dumferling was set down in parliament, being recommended by the Kirk; amongst many others received into the bosom of the Kirk Capt. Augustine a Germain is one, who was in England with Hamilton, and heretofore refused any service by them; since our coming to Edinburg he hath made Moss-trooping his Trade, and such of our men as he hath taken hath in could blood murdered, yet this man is now, enterrteined by the Kirk. The King's Coronation is now by Act of Parl. to bee upon the first day of january next, the beginning of our new year, that it may bee auspicious, it is to bee at School. The Parl. hath satin since the 26 of Nov. but it is very uncertain how long they will continue, only it seems there is nothing else to do but the settling of the command of the army, which will prove difficult enough, except Dav. Lesley bee continued, who is now ordained to give an account of his carriage since the English Armies coming into Scotland, until the 4th of Sept. but this is only for formality, it is feared by the most of the Parl. and Commissioners of the Kirk; that at least those in the West shall disband, and then the number of our army will bee eighteen thousand foot only, and 6000 horse which is hoped for will bee ready against the Coronation to bee in a posture for acting; but every one is not of that mind, that it can bee so soon: for hitherto the great business hath been the Remonstrance, and the endeavours to unite those forces that are on foot however ineffectual; the Coronation is delayed to the abovementioned day, because of an humiliation to go before for the contempt of the Gospel, on the 22. of Decemb. and for the sins of the Kings family at his own desire upon the 26 of Decemb. As concerning Middleton, and those of the North, they are disbanded, according to the subjoined explanation, Middleton hath assigned to him the next Diet of the Commissioners for swearing him anent his Repentance in order to Relaxation from his sentence; but in the mean time it is represented by the Commissioners to the Committee of Estates, that they did fail in giving them the benefit of an act of indemnity, they accepting of it only upon the King's desire. WEe do hereby oblige our selvs upon our Honors, that this present Act of indemnity shall stand firm and valid to all who are in Arms, and shall presently disband, and others their adherents who shall accept of the same. As likewise wee do declare that the words( with reservation of any. Act of parliament concerning the same) doth no ways weaken the Act of indemnity, but that full assurance of lives and fortunes is contained therein, not onely for the persons rising in Arms, but for all plots and former rising in Arms, or for accession to the late unlawful Engagement against England, as is expressed in the Act of indemnity. And further we declare, that the reserving and excepting the persons and person who shall bee found actors in killing of Robert Mackerton and Captain Sharren is onely extended to those who shall bee notably known to have been the real killers, and that is not to bee understood that men shall bee put to a legal trial, or inquisition for the same. Subscribed the first of November, 1650. David Lesley, Robert Mountgomery, Jo. Brown. I Do hereby give assurance to the Officers and Souldiers, either of the Recruits, or others of our army, that they shall have the benefits of the Act of indemnity, and shall bee received to their several Troops or Regiments, with their Horses and Arms, as witness my hand. Subscribed David Lesley. By another undoubted hand, That the Committee of Estates, and Commissioners of the Kirk have both declared against the Western Remonstrance. That the Committee of Estates have declared that scandalous to the Government of the Church and State, injurious to the King's person, prejudicial to his authority and divisnie: That it weaken's the hands of honest men, and give's occasion to the enemy to justify their unjust Invasion, and that it is of a dangerous consequence; yet for those that have been ensnared in it, being honest and faithful men, they do harbour no thoughts to their prejudice, and declare's them free of any imputation in their names, persons, or estates, excepting such as shall adhere thereunto by persisting to prosecute any thing therein against the public Resolutions, and the news of the Land. There was 17 in the Committee that did protest and dissent from this Vote; The Lord Casiles, Lord Arbuthnet, Lord Burley, Lord Register, &c. The most of those that did dissent, did it not so much that they did approve of the Remonstrance, but disagreeing from the Committee's mind in censuring of it. The Committee did it by a most high hand. It is thought none of the Remonstrators will bee suffered to sit in parliament, and it is thought also those that did Protest. many in the Committee did Vote the Remonstrance treasonable, The commissioners of the Kirk have declared against that paper, but withal have acknowledged, that there are many sad truths in it, which they will press against the King and State in an orderly and right superintendency. This Vote of the Commission was also dissented from, and protested against, by several Westland Ministers and others. The Westland Gentlemen are required to let the parliament know what they must expect of these Forces in the West, who did excuse themselves that they knew not, till they met with those Officers that do Command those Forces. That the Parl. is to sand one expressly to them to know peremptorily what they may expect, The Kirk have written to the Gentlemen of the West, to dehort them from such Counsels, and as formerly, still to bee faithful to the cause of GOD. Mr Jo. Leviston did publicly in the Commission of the Kirk declare his great sin for having a hand in bringing home the King into Scotland, and presently left them, and retired to his own home. THere are no question, in the Remonstrance many sad truths laid down; use whereof would bee made, and a remedy thereof sought in a right way; but under a pretext thereof to make a secession from the public Council and Forces of the Kingdom, and to gratify the wicked Invaders of the Land, by laying open the nakedness of our Ruler's, exaggerating every miscarriage or appearance thereof, as if they had been hired by our Enemies to agent the business, cannot but bee grievous to the godly, who are not preoccupied with prejudices; and this is so much the more grievous, as that the cunning slight of some malcontent, well acquainted with public consultations, hath entangled not a few worthy Gentlemen in the West, whose constancy in the cause of GOD is well known. These contrivers and penners of this piece, perceiving what strange language, mis-beseeming their uttering, faw it necessary to take off many objections that lay in the way, and that both in the entry and close there of, assuring that success of the enemy had not altered their mind. That they judge not themselves free of the provoking cause of Calamities, That in uttering of these things they have not been lead with the spirit of bitterness, or desire to discover the nakedness of others, and that they have not the least desire to follow the footsteps of the Sectarian party, &c. They may well say( I mean the Contrivers of the Remonstrance) they had not the design, for in their Essaie they have out-acted the Sectaries: These did much in order to public good, before they spake bigly, But these doing nothing, save that they have drawn away considerable forces, raised at vaste charges for the public defence, speaks no less then abanding to carry on their design in the last words of their papers. And that their discourse might bee the more taking, they put on the person of those who are speaking their last words, being yet sure enough from all danger. It is hard for any man to take upon him to judge with what hearts and intentions these things were contrived, I speak not of the Gentlemen and Ministers whom I durst absolv, but by the projectors and penners of the Pemonstrance, but let their own spirits judge, if the most real and cordial our Enemies hath, could have acted otherways, to power out content on us, and to hearten and encourage undertakers amongst us; and if they bee all constant in the cause, what mean's the bleating of so loud Queries sent to the adversary,( an odious crime and audacious to private persons to correspond with an open enemy, that has shed the blood of God's People, and to receive answers to the same) If they concern not them all, how is it that those who are constant and faithful, declare's not against these as hath falsified their trust, but whet their tongues and pens against King and Committee, whom they should obey in all things in the LORD. A further Relation of the Action against the Scot's Forces in the West of Scotland, Commanded by colonel Kerr: made by a Captain who brought the former, and was at the Action. THe 27th of November in the Evening, the Lord GENERAL marched from Edinburgh with eight Regiments of horse, having given Order to the mayor General, who then lay at pebbles with four Regiments of horse, and one of Dragoons, to get beyond the enemy. The next day, after a very extraordinary ill march, the Lord General came near to the Town of Hamilton, which is situate on the South side of the River Cluyd, himself being on the North side, and being before with a small number of horse, discovered some Bodies of the enemy on this side the Town, who immediately drew into the Town. Our horse all that day staying near the Town, and having no news of the mayor General, were that night quartered conveniently thereabouts. The next day wee finding no way to come at the enemy, and unwilling to wear out and incommodate the horse with the inconveniences they must there suffer to no purpose, which would render them more unable for real and effectual service, when wee might leave it: It was resolved to march homeward, the ways and wether being extreme ill, and on the 30th we came to Edinburgh. Upon this our Retreat, the enemy according to their manner, grew extreme insolent and proud. And having before quitted the foreshown of Hamilton while we were near them, And which the mayor General( of whom we had heard nothing at our march off) had taken up for his quarters; They now draw to fall upon that foreshown, and into our quarters there, which accordingly they did on the first of December about two of the clock in the morning, with three thousand horse, and one thousand Dragoons they attemted the quarters, and over-powering the guards, entred the foreshown, and that they might bee sure to have a full execution of all our party, whom they accounted already in their power, and had destined them to destruction, that had, by cutting down of trees so Barricadoed the byways toward Edinburgh as must have hindered our Retreat. But it pleased God so to bless the diligence and dexterity of the mayor General, and commissary General, and to give such Courage and resolution to our small party, which they could suddenly get together, that in a short time the enemy was routed, The particulars have been related in the Lord General's Letter, and need not bee repeated. Thus God still appears for the carrying on that good work, which we have reason to hope will end in a settled peace and lasting security to this Nation. FINIS.