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A88266 An vnhappy game at Scotch and English. Or A full answer from England to the papers of Scotland. Wherein their Scotch mists and their fogs; their sayings and gaine-sayings; their juglings, their windings and turnings; hither and thither, backwards and forwards, and forwards & backwards again; their breach of Covenant, Articles, & treaty, their King-craft present design, against the two houses of Parliament, & people of England, their plots and intents for usurpation and government over us and our children detected, discovered, and presented to the view of the world, as a dreadfull omen, all-arme, and warning to the kingdome of England. Lilburne, John, 1614?-1657,; Overton, Richard, fl. 1646, 1646 (1646) Wing L2195; Thomason E364_3; ESTC R201238 23,817 28

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AN VNHAPPY GAME AT SCOTCH AND ENGLJSH OR A Full Answer from England to the Papers of Scotland Wherein their Scotch Mists and their Fogs their sayings and gaine-sayings their Juglings their windings and turnings hither and thither backwards and forwards and forwards and forwards backwards again Their breach of Covenant Articles Treaty their King-craft present design against the two houses of Parliament People of England their plots and intents for Usurpation and Government over us and our children detected discovered and presented to the view of the World as a dreadfull Omen All-arme and Warning to the Kingdome of England Ier. 5.4 And although they say the Lord liveth surely they sweare falsly Hosea 10.3 They have spoken Words swearing falsely in making a Covenant thus judgement springeth up as Hemlocke in the furrowes of the field EDINBVRGH Printed as truly as the Scotch papers were at London by Evan Tyler Printer to the Kings most Excellent Majestie and are to besold at the most Solemn Signe of the Blew-Bonnet right opposite to the two Houses of Parliament 1646. An VNHAPPIE GAME AT SCOTCH AND ENGLISH Scotch Papers Pag. 2. THe Parliament of England hath no more power to dispose of the person of the King of Scotland being in England Scotland then the Parliament of Scotland hath to dispose of the person of the King of England if he were in Scotland Ans Brethren you say very well But the question is England whether such a disposing may be either by the one or by the other Whether the Armies of Scotland being in England may dispose of the King of England being in England or no And so on the contrary But indeed it needs not much to be disputed for in words you deny your selves of that power when you tell us pag. ibid. that the Armies of Scotland have nothing to doe in the dispose of the King of England yet for all this in deeds you do assume as much as that comes to to your selves for though you plead your Scotish interest in the King of Sotland to countenance the fact yet behind the shadow of that Curtaine thus drawn before our eyes you keep the King of England from England so consequently King it over England behind which we are confident would by your selves be condemned in us in case you should be so dealt withall by the Armies of England for we cannot judge that the Armies of Scotland would count i● lawfull for the armies of England if they were in Scotland for their assistance to deny them the delivery of the King of Scotland Because being in England they refuse to deliver him to England according to the votes and desires of the two Houses of England Therefore we judge that Scotland would much more claime that priviledge in him being in Scotland for if they will claim it out of their bounds where they have no right of authority they will much more claime it within the bounds of their dominions where their power is intire to themselves Therefore is is not well done of our deare brethren of Scotland thus to cast a Scotch mist before the eyes of their Brethren of England For though as before verbally they disclaime all power in their armies for his disposall without the joynt consent of the two Kingdomes yet as deare Brethren their armies have received entertained and kept him even in his person and that before the joynt consent of the two Kingdomes and absolutely against the will and desires of ours So that the King of England and the King of Scotland is disposed of by the armies of Scotland without the consent or advice of either Kingdome We hope our deare Brethren will not say their armies received advice and direction for his entertainment from the Kingdom of Scotland for that were a capitulation with him without the privity and conjuncture of England which by them pag. 6. is disavowed But in case our brethren might receive him without the mutuall consent of both Kingdomes then why doe they stand for a mutuall consent for his delivery for by the Lord Loudou's own argument pa. 25. contrariorum contraria sunt consequentia contraries have contrary consequents Therefore if they may not part with him without the consent and advice of the two Kingdomes then ought they not to have received him without that consent If our deare brethren should urge that parting with him were a disposing of him and that they may not do without breach of Covenant and Treaty the like we retort by their owne rule of contraries concerning thei● receiving of him for receiving is by the said rule as much a disposing as parting with him so that if our deare brethren be men that are true to their owne rules and principles we may conclude that if they will not part with him without the consent of the Kingdome of Scotland that then they had the consent of the Kingdome of Scotland to receive him before they did receive him but our deare brethren doe affirme the one pag. 8. therefore from the truth and fidelity of our brethren we may well conclude the other Oh! what shall we say or think now of our brethren are they not of divine Covenanters become cheating Juglers For let any man judge whether the keeping the Kings person at New-Castle without our consent be not as absolute a disposall as afterwards the sending of his person to White-Hall Richmond-House Hampton-Court or else where by the joynt advice and consent of the two Kingdomes They would differ in manner indeed but not in the nature of the thing and the nature of the thing is the matter in hand The difference would be but in an Accident na●uely the addition of our consent it is now without it it could then be but with it and both's a disposall Yea though it should be without this consent either of yours of ours For an accident may be wanting and the subject remaine But to colour this disposall from the censure of their act our brethren doe tell us that He came voluntarily Scotland and continues voluntarily Ans It seemes from hence you would inferre that the Act of that disposing of his person is by himselfe England and not by you But for answer thereto consider your own grounds By the Covenant and Treaty you urge that his person is solely and intirely to be disposed of by the parliament of both Kingdomes and not singly or by a third but by the joynt advice and consent of both Therefore from this grant of yours your Armie neither had nor hath any power individually to make or medle with his person or in the least wise to dispos● of it no not for a minute in this place or that place for this or for that or till things should be so or so therefore your Act of entertainment of his comming was by the just sequell of your owne ground an actuall disposing of his person pro tempore even as well and as really as
of the two Houses But now whereas you urge his voluntary comming as if it were only voluntary in him and not like voluntary in you which by Covenant compact and treatie was not upon any termes or in any wise without our consent to have been by you It is a plaine case that there was a voluntary concurrance betwixt you even of the Kingdome of Scotland with the King of England before he had laid downe Arms taken up in Rebellion against the Soveraigne power of his Throne the two Houses of Parliament and against the Free-People of England and that absolutely by you without the joynt advice and consent of the said Houses and Kingdome for you foreknew of his intent and were fore acquainted with his comming before his arrivall at your Armie and this is not only to be proved from the secret and trayto●rous Treatie betwixt you and the King from the latter end of March last 1646. Managed by the intervention of Montrevill the French Ambassador and designed in France but also by what was-open manifest and undenyable For to omit his foot-steps from Oxford he came publickly into Southwell foure miles distant from your Armie and there was entertained by the said Montrevill who was deputed and provided to receive him and forthwith he sent unto your Armie to informe you that he was come thither then Lesley your Generall Metrapolitan over all the Blew-Caps of Scotland repaired unto him and with him entertained a Treatie and so he came voluntary to your armie and there voluntarily ever since doth continue as you your selves doe confesse Now let any reasonable man judge whether here were not a mutuall concurrence of voluntary consent before his enterance into your Armie without all advice and consent of ours And whether it is reasonable to imagine that the King should cast his person voluntarily into the hands of those which were the first commoters and raiser of troubles and warres entring his dominions of England with open Hostillity for which he proclaimed them Traitors and Rebells and now again●stand Traytors and Rebells by his Proclamations and Declarations and which are still in Armes against him and by solemne League and Covenant contracted and aspoused to the two Houses of England in their war-fare against him without the fore knowledge consent compact assurance of your armie and Kingdom truly for our parts considering all his politick subtile and crasty plots and proceedings in all his Millitary designes we cannot imagine him so inconsiderate and mad● as to run his person without all assurance on such a perillous hazard or play such a card as that at a vensure amongst you without a full fore surety from you and a compact betwixt you under hand and seale for his entertainment and successe with you and if we may judge the tree by its fruits we are sure it can be no other Besides had you not been concurrent in will with him contrary to our privitie and consent he could not have entred much lesse continued in your armie without your consent and whether you would or no. So that indeed and in truth as the matter now stands betwixt you and us his comming must needs be reputed and concluded your single act and neither may we nor can we esteem it otherwise for his will or his Action is nothing to the state of the question or difference betwixt England and Scotland in this matter for you your selves say pag. 9. that it is cleere from the third Article of the Treaty that the Scotish armie is to receive the directions of both Kingdomes or of their Committees in ALL THINGS which may concerne the pursuance of the ends of the Covenant and Treaty whether in relation to PEACE or WARRE In the eight Article no cessation pacification or agreement for peace WHATSOEVER is to be made by either Kingdom or the armie of either Kingdome without the advice and consent of both Kingdomes Now deare brethren by these very words of the Treaty thus cited by your selves you are by your selves exempted and denyed of all power of intermedling about any thing whatsoever concerning peace or warre without the advice and consent of the two Kingdomes If so then why have you attempted this act of reception and detaining of his person without the mutuall concurrent advice and consent of the two Kingdomes which so mightily concerneth our weale or our woe our peace or our warre for this your seasure of his person in this manner is of as high and great concernment about the matter of warre as can be imagined for it openly and apparently threatneth division and warre betwixt the two Kingdomes and thereby you your selves are the deviders and threatners contrary to your old and present asseverations and abjurations in your booke of former Intentions thus you assert of your selves we could iudge our selves the unworthiest of all men See intentions of the Armie of Scotland pag. 3. and could looks for no lesse then vengeance from the Righteous God if we should move hand or foot against that Nation so comfortably represented to us in that honourable meeting And pag. 10. Let them be accursed that shall not seeke the preservatition of their neighbour Nation and in your former Informations Declarations and Remonstrances you have cursed all Nationall Invasions and Treacherie And now in the Papers you cry God forbid that the wayes of separating interests of the Kingdomes should now be studied pag. 5. And in the Lord Loudouns speech in the Painted Chamber pag. 21. That no man hath conscience and honour who will not remember our Solemne League and Covenant as the strongest bond under Heaven between God and man and between Nation and Nation c. Yet these asseverations and execrations are now made as nothing and these your strongest bonds between God and man as you call them are but as Sampsons cords to be burst asunder at your pleasure but God will deliver up your strength if by your timely repencance you doe not prevent the vengeance of Heaven which hangs over your head For why will you thus fairly professe with your tongnes unto us and deale so treacherously with us in your hearts why should you receive and entertaine the King and yet protest against all sole disposall of his person and why should you tell us that his Majesties comming to your armie is a more probable and hopefull way to preserve the union of the two Kingdomes when as your selves see that it is the most unluckiest meanes of division and of fomenting a war betwixt the two Nations as Hell could broach and though the Lord Londoun breath out your menaces about that disposall and openly thre●tneth us with forces from Scotland and Ireland and with the assiistance of forraign Princes yet all this you would make us beleeve were we but as the Horse and the Mule which have no understanding is for the stricter and firmer union betwixt the two Kingdomes but deare brethren we are not so undiscerning and sottish
so to be possessed and deluded But further in the said pag. you say because you came into England for prosecuting of the ends of the Covenant whereof one is to defend His Majesties person you thinke it a strange thing that your being in England should be urged as an argument why you should deliver up the person of the King to be disposed of as the two Houses should thinke fit Ans For the matter of your being in England we shall for the present referre you to Mr. Chalenros speech and only consider the reason of this clause which we conceive to be on this wise that because you are by the Covenant bound to defend His Majesties person that therefore you will not deliver up his person to be disposed of as the two Houses shall think fit which is as much as to say because you are to defend his person that therefore the two Houses of Parliament are his enemies which manner of reasoning is as if we should say because ther were dayly seecret whisperings and wishings at our Queens Court in France that the King might but get safe to the Scotts and because the day of his setting forth out of Oxford towards them was fore-known at her Court That therefore Sehrant the French agent ran up into the Earle of Northumberlands Bed-Chamber in the morning before he was up and surreptitiously surprised in his Chamber window a packet of Letters inclosed in a blanke paper superscribed forsooth for their better conveyance to the Earle and breake the same open and said they were his and so the one peep'd at the other and saw one another and away hied Sebrant as fast as he could and carryed with him the whole plat-forme of your you know what Now Brethren how like you your owne kind of reasoning Is not this a prittie kind of Argument thinke you neatly formed after that most hallowed pattern received from the Angel at Le font bl●u And therefore seeing our Brethren have so far discharged their trust as after all their Protestations Covenants and Oaths to Almighty God their Solemne League and Treaty with their Neighbour Nation of England thus in the field to meet us in this free and brotherly conference with such Solemn Covenant-Logick we may have doubtless great boldness confidence with our dear brethren of Scotland to pay them in their owne coyne for current and good Silver especially considering whose Image and superscription it be●reth So that upon the point we wish it be not of the sword we are agreed with our gude Lord Loudoun to give unto Caesar the things that are Caesars c pag 26. But now since our brethren take upon them in their armies to defend his person we desire of our deare brethren to tell u● against whom is this their defence If against us and our armies then we●e●ly that if your Covenant now bind you thereto then why did you not by this Covenant joyne armies with them before in all his H●●●i●ity against the two Houses for by our s●●●tility his person was endangered and subject to the ca●u●●ity and execution of warre himselfe in person and in armes appearing against ●u●● Scotch Papers Pag. 9 And whereas it is affirmed by the Treaty the Scotch Armie ought to doe nothing without a joynt resolution of both Kingmdomes or their Committees there is no such clause in the Treaty but they are to be subject to such resolutions as are and shall be agreed upon and concluded mutually between the Kingdomes and their Committees Ans By thit we may see how willing our brethren are to get a creep hole and how they shufle and cut to strugle themselves out of the Btyers But gude brother Jockie be content to stick here a while for if to their Resolutions as you say you must be subject then you must not be subject to that which is contrary to their resolutions But your armies retaining of his person is contrary to the joynt advice and consent of both Kingdomes for as yet both parties are not agreed Therefore this is a manifest breach of the Treaty so that if you wou'd have done as becommeth brethren you should have stayed first to have heard the joynt advice or consent of both Kingdomes before you had given him entertainment For indeed had there not been mischiefe designed in the thing and intended against this Kingdome the King knowing the mutuall obligation and solemne Vnion betwixt the two Kingdomes and the mutuall relation he had to them both and each mutually to him would if he had intended to lay down armes against this Kingdome rather in this emergency of War have dsiposed of his person honoured by both Kingdomes with the title of the King of both Kingdomes to the Committee of both Kingdomes wherein the joynt military interest of both Kingdomes is represented conferd and united and both thereby incorporated into one deputative body and as it were both made flesh of each others flesh and bone of each others bone that so in that one act and at one time both Kingdomes equaliy and respectively would have received their King of each Kingdome though presented in one person even England and Scotland have received and kept the King of England and the King of Scotland in that their entertainment of his person for the bet●er disposall thereof by the Parliaments and Estates of both Kingdoms being conquered by the mutuall force conjunction of their armies for then neither Parliament Kingdome nor Armie had acted singly or divided but it would been absolutely an act of both Kingdomes This we say he rather would have done then in this factions divided neture to have thrown himselfe upon one Kingdome unknown to the other and without the others advice and consent had it not been on set purpose to have cast a bone of division betwixt them that both He and your selves by joynt occasioned faire opportunity might compasse your designes to subjugate the neckes of the Freemen of England to your Scotch Monarchicall Yoake of Bondage in gendering strife And you your selves had your intentions to wards us been upright should rather have referred him to the said Committee of both Kingdomes then thus to have attempted the receivall of him by your own millitary power which was a desperate thing however in case unawares he were received yet you might ere this knowing the mutuall and joynt interest of the two Kingdomes so well as you doe and seeing it raiseth-such jealousies and is likely to occasion such a desperate and bloody division betwixt us you might ere this have delivered or at least proposed the resignment of His person if not to the two Houses yet to the custody of the said Committee to whom indeed naturally and properly as the case now standes betwixt the two Kingdomes he belongeth no joynt power of the two Kingdomes but that being extant to be by them retained till the joynt consent and determination of both Kingdomes You tell us that at the hearing of the
martch of Sir Thomas Fairfax his Army marching Northward you removed yours into York-shire for preventing mistakes or new troubles between the Kingdomes page 9. but were you so cautious thereof ●s you pretend you would not have thus highly erred in the maine and then face us with trifles brethren we have been a little to much acquainted and cheated with such guilded pretences as to rest content with a flap in the mouth with a Fox-tayle It is not you● candor freedome and plainnesse as becomes brethren which you tell us of page 1. in words what will satisfie us if in deeds you deny us Wee know you tell us he came valuntarily and continues vluntarily and you a●e not hinder him from comming to doe the duty of a King amongst you which words indeed deed beare a spetious shew but Brethren we are not so undecerning and ignorant as to conclude all is gold that glisters but these your serpentine delusions puts us in mind of the trick you put upon us about Mr Ashburnhams escape for in a paper from the Commissianers dated 25 of May 1645 the Lords of the Committee of New-Castle tell us that directly nor indirectly they had no hand in Mr. Ashburnhames escape which by interpretation is as much as to say that directly you had no hand in it but indirectly you had for after our English Ottography two negatives make an affirmative and Nor and No are two negatives cupled to one verb and therefore must needs make it affirmative but we will returne from this quirke to the matter in hand Now though you say there was not any such resolution between the Kingdomes or their Committees as that the Scotish Armie should not receive the King if he came unto them Our answer is that it doth not therefore follow that therein you may doe singly as you list for you were obleiged in all things whether in relation unto peace or to warre not to make any cessation pacification or agreement for peace whatsoever without the advice and consent of both Kingdomes And you your selves say your Armies are to be subject to such resolutions as ARE and SHALL BE agreed and concluded upon mutually between the two Kingdomes and their Committees So that although neither present or future resolutions concerning unknowne matters to come be expressed as indeed are impossible yet therefore you have not the liberty to doe what you list or to anticipate their resolutions with yours for then Agrement compact and Treaty were to no purpose at all but you were strictly bound upon penalty of breach of Articles first to have knowne the joynt advice and consent of the two Kingdomes or their Committees in all things whatsoever whether for peoce or for warre especially in a thing of so great and so high concernment as to Treate with Receive and entertaine the Kings Person though notwithstanding he should come voluntarily to you for the matter is all one in the nature thereof whether he come to you or you goe to him treating with recieving and entertaining without a joynt advice and consent let it by what other meanes soever it be is the maine thing which those Articles respect for indeed that is as absolute treating cessation and pacification with the King on your behalfe as can possible be and therefore whereas you say that you were not to impede or restraine the person of the King from comming and doing the duty of a King amongst you and thereupon have answerably received him thereby you hold forth and confesse a compact and conclusion of peace with him for if you receive him to doe the duties of a King amongst you and that without the joynt advice and consent of the two Kingdomes or their Committees what is this other then to pacificate with him without their joynt advice consent but more of this by and by Besides if you will make an exception because it is un-expressed in the Treaty that you should not receive the Kings Person if he should come voluntarily to you then may you as well except against all the resolves and results of the two Kingdomes and of their Committees that therein are not expressed and so confine all to the very letter of the Treaty and utterly take away all liberty and power from the two Kingdomes and their Committees of further advising consenting o● resolving Scotch papers page 10. Scotland The Scotch Army neither hath nor will take upon them to dispose of the King he came unto them without capitulation or Treaty his residence with them is voluntary and free and they doe nothing which may hinder him to come to the two Houses of Parliament Answer England Whither now Jockie Hoyt Hoe Haufe Ree Gee Hoe Jockie What neither backwards nor forwards one s●ide nor the other Riddle me Riddle me what 's this You 'l nether have him nor be without him neither keep him nor deliver him a pritty paredox for you will not take upon you to dispose of him and yet you will keep him nor will hinder his comming to the two houses of Parliament and yet will not deliver Him for his will in this matter of keeping and delivery is not at all respected in the Treaty and compact betwixt the two Kingdomes but only the Act or Acts of the two Ringdomes Therefore what is this else but to say you will and you will not you will neither receive him nor will refuse him you will not deliver him nor will you keep him Now whereas as you say you are so willing that he should come of his own accord to the two Houses and you would not hinder him Wee pray you tell us whether you would suffer him provided his intent were unknown unto you Or whether you would judge it sutable to the interest of Scotland that the two Houses or their Armie should receive him upon such termes Doubtlesse you would hinder the one and condemne the other for no reasonable man can judge otherwise by your present practice and papers you have received him without the consent of the two Houses and as you would make 's beleeve without any fore knowledge of his intent at his comming therefore are not your selves condemned by your selves even justifyers of that in your selves which you would condemne in others But you say he came to you without capitulation If so deare Brethren then why did Montrevill goe before hand to Lesley's Army to take order for his reception there And how came the King to have the faith and honour of the Scots engaged to him in the businesse of the Militia How came the information of Thomas Hanmer June 12. 1646. at the Committee for the Army and after reported to the House of Commons since by experience to have been confirmed in the most perticulers thereof wee could be much more inquisitive with our Brethren about this matter but it may be they have learned of Lieutenant Col. John Lilburne and Mr. Overton the two prerogative Archers of England and of