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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A93371 A letter from Edinburgh, concerning the difference of the proceedings of the well-affected in Scotland from the proceedings of the Army in England. J. S. 1648 (1648) Wing S40A; Thomason E536_11; ESTC R203454 8,839 15

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against yet this was indured with much patience a long while till all hope of redresse was lost and till that packt Quorum begun to raise new Forces whereby to oppresse this kingdome and reinforce their wicked engagement a-against England For although they pretended in their Declaration to the Kingdome that their going into England was in pursuance of the ends of the Covenant to preserve Religion and keep the Vnion between the Kingdomes yet they gave then Commissions to such as had been eminently active in the Rebellion under the conduct of the late Earle of Montrose which was not only contrary to expresse Acts of Parliament but a designe utterly destructive to all the well-affected of this Kingdome by the arming of their deadly enemies against them whereupon they were constrained to looke unto themselves and stand upon their lawfull defence Thus I have briefly opened what the high tyranny oppression and usurpation of power was in a few men of this Kingdome above and against all laws civill and naturall which necessitated the honest Party to betake themselves unto the just wayes of defence which the Laws of this Land allow and the naturall rights of all men do provide for them in such cases which how they made use of and how the blessing of God hath been upon them in their legall Proceedings I shall now adde that as by what I have said you may see the disterence of Authority and Governement which is between your Parliament and our nine Committee-men So by what I shall say you may also see the way of acting which our well-affected Party here did take and how farre it differs from the way wherein your Army hath set it selfe to walk To this effect you must know that the standing Lawes of this Kingdome lately confirmed when the King was last with us in Parliament have provided a remedy for publick grievances when they are come to the extremity and otherwise fail which is this that the Subjects of this Kingdome may meet together in cases of eminent danger for the Preservation of their Religion Lawes and Liberties and the Publique good of the Kirke and State These are the words of the Law Therefore when matters were brought to this passe that I have told when many of the Committee of Estates were Prisoners in England and some that were at home did abuse their power to the destruction of this Kingdome and the disturbance of the peace and union between the two Kingdomes the question was moved whether or no the well-affected ought not to meet to provide for the safety of the Kingdome of their Lawes and Liberties seeing not only the Law did allow them so to doe in such like cases of danger but besides naturall right the Nationall Covenant did bind them expressely to assist each other in maintaining and promoting the ends of their Covenant against all lets and impediments whatsoever the answer to this question being clear and easie and the practice of meeting in such occasions being ordinary in former times besides those of the Nobility who had protested in Parliament against the engagement the Commissioners of divers Shires and Burrowes did meet also as formerly they had done in the like distresse in the yeare 1637 and 38 and 39. These Noblemen and Commissioners being thus met and accompanied with a considerable number of the Gentry and Yeomanry went towards Edinburgh the place unto which the Lord Chancellor and others of the Committee of Estates were summoned to meet by a Quorum of the Committee that were for the engagement These Lords and Commissioners therefore went as by the Law they were allowed and by their Shires and Burroughs they were directed for redresse of their Grievances The Gentry and Yeomanry went as by their Covenant they were bound to protect and defend with all their might their Commissioners in pursuance of the ends of the Covenant in case they should be assaulted or wronged by those who were in armes against them And the Noblemen went in obedience to a Summons from the Committee of Estates whereof themselves were the principall members when these came to Edinburgh at the day appointed the packt Quorum being conscious of their owne guilt durst not stay for them but speedily removed themselvs out of the way keeping neither day nor place which themselves had appointed yet this was no prejudice to the Authority residing in the Committee of Estates appointed by Parliament as if therby it were dissolved because in this Realme the power of acting as a Committee doth not at any time depend upon the precise keeping of appointments but onely upon the full number of the Quorum nor at this time was there any wanting of the number to make a Quorum although those that had abused their power were retired And because the Lord Chancellor who by vertue of his place may at any time call the Committee of Estates did call a Quorum of the Committee by which all the publique businesses have been since managed no Authority was dissolved In all this it is most evident that the well-affected party in this Kingdome did nothing presumptuously but every thing regularly and justly having for every step of their proceeding not onely the warrant of a Law but the allowed practises of former times to lead them Nor did they any Act of violence unto the Members of the Committee of Estates although they had been violently assaulted and oppressed they onely defended themselves against those that were in Armes against them They came together to consult and redresse matters out of course that the Kingdome might bee preserved from ruine and they made use of their power to none other end but to pursue and maintaine their Covenant with England in avoiding a warre with it by causing the forces raised against it to be disbanded and the Garisons detained from it to be restored and for the settlement of the Councel of State without all appearance of usurpation And least those who did retire from Edinburgh where now the Committee sits should thinke themselves or be lookt upon by others as excluded and deprived by meer force from the right which the Parliament gave them to sit in the Committee of Estates therefore a friendly Treaty was entertained with them at which upon consideration of preventing a warre with England which otherwise seemed unavoidable they were rationally induced and considerately declared themselves content to forbeare the use of their right of comming to the Committed of Estates and the exercise of all publick trust and to leave the mannaging of the publick affairs to such of the Committee as had not been accessory to the Engagement And to referre all differences to a Parliament to be called betwixt that and the 10. of Ianuary according to the power granted to the Committee of Estates by the Parliament to call a Parliament when ever they should thinke fit by which transaction you see that the just Authority of Governement is not onely regularly but voluntarily