it manifeft by his Invafion of his Native Country, that the Defign of his explaining the Teft in a Paper under his Hand, was to referve to himself a Power to rebel, and till he had aggravated highly his former Guilt. But why do they reproach us with this one Decifion, who do yet fuftain thofe abominable ones, that were executed without the lealt fhadow of Justice, against the Marquis of Huntley and Montrofe, Prefident Spotifwood, Haddo, and Seven Hundred Gentlemen more, who died by their Juftice-Court, when their Covenant over-rul'd Law and Equity; and against Four Hundred and Fify Gentlemen and Commons, who died by the Justice Court of Argile, befide the many Thousands who died in the Civil War, (of which they must be guilty, who raised it, and who never yet made the leaft Profeffion of Repentance for it.)

The Parliament, 1685, being inform'd of Monmouth and Argile's Invafion, and being convinc'd that Argile had referv'd that Power in his Explicatory Paper of the Teft, meerly that he might invade his Country and its Laws; and reflecting on the Treafonable Principle of the Covenant of defending the King, only in defence of Religion, and the late Limitations of owning no King, except he had taken their Covenant; They therefore (not by a Recognifing Act, but in the Narrative only of the Act relating to the Excife) offer'd their Lives and Fortunes, without Referve; which Claufe was inferted by the Parliament, not to introduce a blind Slavery, as fome malicioufly pretend, but meerly to exclude thefe Rebellious Limitations of Obedience invented by the Covenanters, which were inconfiftent with former ftanding Laws, and by which the People had been highly debauch'd in the late Civil War; for in that very Parliament they enlarged the People's Liberties, and ratified all Laws in favours of the Proteftant Religion; and the very fame Perfons in the next Parliament refus'd to take away the Penal Statutes; whereas, if an abfolute Slavery had been defign'd, all the former Acts establishing our Liberty and Property, and all the Conceffions granted to us by our Kings for fecuring our Lives and Fortunes, fhould have been exprefly Enumerated and Abrogated;

and

and fo the Words in the Narrative of that A&t could be no Warrant for the Proclamation, difabling the Laws against Toleration as fome would have us believe: And they who now complain, were the only Perfons who then took the Benefit of that Stretch of the Prerogative.

We could wish that our Accufers would be careful, that in being too rigid Cenfurers of us,they do not expofe all Governments, and even the prefent to Reproach: For it would feem to fome who are now By-ftanders, as they then were, that though they cry'd out against us for torturing, when it was warranted by our uncontraverted Law; yet the Expediency of Government, or fome other Reason makes them do it, after they had declar'd it a Grievance, and had rail'd against it as inconfiftent with all Humanity. Nor do Í fee,that the reserving it only to King and Parliament answers this Objection; for the Parliament by their Authority cannot make that fit, which is inconfiftent with Human Nature,or that convenient which was declar'd to be incapable to produce the true Effect for which it was defign'd: And the making Torture then only a Grievance,when inflicted without a Caufe (as is pretended) feems to fatisfie as little, fince every Man can easily pretend, That what he does is done upon juft Motives. The Imprisoning many, and keeping them long, can hardly be objected to us, fince the prefent Government find themfelves obliged to do both; and the laft Parliament, in their Wisdom, thought it fit to reject a Bill for babeas corpus, when it was prefs'd as fuitable to one of the Grievances: Nor can we yet discover why the Forfeitures of thofe fhould be refcinded by the current Parliament, who were Sentenc'd for having taken up Arms at Pentland-hills, and Bothwel-Bridge; or those who were forfeited for the Proclamations at Sanquhar, and elsewhere, wherein King Charles was declared to have loft his Right to the Crown, for having broke the Covenant (that Tripartit and Fundamental Contract betwixt God, the King,and his People) and wherein it is declared a Duty to kill him, and all who ferv'd him, and to throw off the Race of the Stewarts, as conftant Enemies to God: * As alfo how the

*

Paper.

great

Compare this with the Sanchar Declaration, and Cargil's Covenant at the End of this

f

the Forfeiture of the Duke of Monmouth, and all who adher'd to him, and that of the Earl of Argile, were repealed in cumulo ; for if it be lawful for Subjects to rife in Arms upon the fingle Pretence of Conscience, no King, nor no Government can be fecure: If a confiderable Part of the Nation fhould now rife for Liberty, Property and Epifcopacy, upon the fame Pretext, would the Parliament find this Defence good? Some are also found who reproach the prefent Government for fuffering Minifters to be thrown out by the Rabble without any previous Tryal or Reparation afterwards, and many other Things which afford but too great Ground for Satyr and Complaint, if I were inclined to ei

ther.

The Neceffity of State is that Supereminent Law, to which upon Occafion all particular Acts muft bow; what elfe can be alledged to justifie the throwing out the first Eftate of Parliament,the paffing by the Magiftrates then in Poffeffion in making of their Eletions; and allowing fome who had been sentenced for Treafon to fit and vote in Parliament, without ever examining the Grounds upon which they had been condemned? These who think that the Neceffity of State can juftifie fuch Proceedings, (which must be their only Plea,) ought to be very careful how they blame their Predeceffors for Severities, which fome Men's ungovernable Humours neceffitated them to.

We must also be allowed to admire, how thofe who fo eminently comply'd with the Dipencing Power in taking an Indulgence from the Papifts, and who magnified King James upon that Account as the beft of Kings that ever reign'd, fhould fo fnarle at us, who in a Parliament (at which not one of them affifted) refused to take away the Penal Laws made against Popery, whilft many of us refign'd our Places willingly in Defence of thofe Laws? Or how thofe who did fit in Parliament and Judicatures with us, confenting to and approving what was done in thofe Reigns, fhould now countenance fuch Reproaches against us? it being moft undeniable that there's but very few who deferved any Employment, or had any Senfe, who did not concur in most of thofe Things for which we are now fo feverely cenfured; and there are very few of any Note

D

or

or Confideration either in the laft Convention, or prefent Parliament, who have not been acceffory to many of the things now complain'd of.

We do therefore in the laft Place recommend to all difintereffed Men, to confider, That the Men of the greatest Quality, Learning, Experience, Parts, and Estates being then in the Government, and upon Oath; it is to be prefumed, That Love to the Salvation of their Souls, Refpect to their Honour, and Care of their Families and Pofterity, would have obliged them to fhun and avoid all those Severities with which they are now most unjustly charged; and in common Charity to believe, that what was then done by thofe in Power, was defign'd only for the Security of the Proteftant Religion, against thofe Factions and Schifms, and to preferve the Country from thofe Civil Wars and Distractions which had deftroyed both in the laft Age; and threatned to do the like in this; notwithstanding all the Pains and Care that was taken to reduce the Authors of thofe Mifchiefs to live peaceably and quietly. We foreseeing very clearly, that one Month's Civil War would occafion more Ruin and Destruction to the Country, than poffibly the Severities of a whole Reign could do.

The only Design of this Paper being to defend our felves, without offending others, and rather to cement than widen Differences; we wish, that all Sides may busy themselves fo much in fettling their Native Country, that they may forget Injuries, which the moft Impartial cannot think fo great in the Reign of King Charles the Second, as thofe that were committed by the Complaining Party in the Reign of King Charles the First, and we fhould be forry they had been ballanced. But fure they will be most unpardonable, who begin again upon a new Score; for after that nothing can be expected, but that all Parties will run in an endless Circle of Severities. Which God of his infinite Mercy avert.

DA TRUE

By which the JUSTICE of that Nation may be known to mif-informed Strangers.

Written Anno 1690.

1

T is much to be admired, That fuch as never read our Law, revis'd our Records, nor were ever employ'd as Judges or Advocates in our Criminal Courts, fhould adventure to condemn

I'

ons.

the Proceedings of thofe, who for many Years have made that Part of our Law their conftant Study, who were upon Oath, and knew that their Pofterity fhould be judged by their Decifi But to inform all Men more particularly, and to fet things in their true Light; I fhall reprefent the Legal Way of Procedure in Cafes of Treafon, which is the only Crime to which this Jealoufy may reach; and then prove, That the King's Advocate cannot prejudge the Party accus'd in any Step of the Process.

D 2

Treafon