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the leaft knowledge of, or occafion to the late proceedings 1649. "of the army here against the king; and did fincerely pro0 "fefs, that it would be a great grief to their hearts, and lie "heavy upon their fpirits, if they fhould fee the trusting his "majesty's perfon to the two houfes of the parliament of "England, to be made ufe of to his ruin, contrary to the "declared intentions of the kingdom of Scotland, and fo"lemn profeffions of the kingdom of England: and to the "end that it might be manifeft to the world, how much they "did abominate and deteft fo horrid a defign against his ma"jefty's perfon, they did, in the name of the parliament and "kingdom of Scotland, declare their diffent from the faid "proceedings, and the taking away his majefty's life; pro"tefting, that as they were altogether free from the fame, "fo they might be free from all the miferies, evil confe"quences, and calamities, that might follow thereupon to "the distracted kingdoms.'

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The parliament answered this proteftation, but after the The parlia king's death, saying, "They had heretofore told them, what ment's an 66 power this nation had in the fundamentals of govern- Clarendon, "ment: that if Scotland had not the fame power and liber- III. p. 221. "ty, as they went not about to confine them, fo they would "not be limited by them; but leaving them to act in theirs "as they should fee caufe, they refolved to maintain their "own liberties, as God fhould enable them. And as they "were very far from impofing upon them, fo they should "not willingly fuffer impofitions from them, whilft God gave "them ftrength or lives to oppose them." They faid, "The answer they made to their firft and fecond letter was, "that after a long and ferious deliberation of their own "intrinsical power and truft, (derived to them by the pro"vidence of God, through the delegation of the people) "and upon the like confiderations, of what themfelves and "the whole nation had fuffered, from the mif-government " and tyranny of that king, both in peace, and by the "wars; and confidering, how fruitlefs, and full of danger "and prejudice the many addreffes to him for peace had "been, and being confcious how much they had provoked "and tempted God, by the neglect of the impartial execution "of justice, in relation to the innocent blood fpilt, and mif"chief done, in the late wars, they had proceeded in fuch "a course of justice against that man of blood, as they "doubted not the juft God (who is no refpecter of perfons) "did approve, and would countenance with his bleffings up"on the nation; and though perhaps they might meet with VOL. XI. ་་ many

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1649.

Clarendon,

many difficulties, before their liberties and peace were set"tled, yet they hoped they fhould be preferved from con"fufion, by the good will of him who dwelt in the bush, "which burned and was not confumed; and that the courfe "they had taken with the late king, and meant to follow "towards others, the capital enemies of their peace, was, "they hoped, that which would be for the good and happi"nefs of both nations; of which, if that of Scotland would "think to make use, and vindicate their own liberty and "freedom, (which lay before them, if they gave them not

away) they would be ready to give them all neighbourly and friendly affiftance, in the establishing thereof; and de"fired them to take it into their most serious consideration, "before they espoused that quarrel, which could bring them "no other advantage, than the entailing upon them, and their pofterities, a lafting war, with all the miferies which "attended it, and flavery under a tyrant and his iffue.”

Reply of the Shortly after, the Scotch commiffioners were recalled. Scotch de- But after their departure, an answer was in their name preputies. fented to the parliament, which charged the fitting memIII. p. 221. bers with unfaithfulnefs, breach of promifes and oaths, and Whitelock, other things very offenfive. This was fo ill received by the 384, 389. parliament, that they ordered them to be arrested on the Phillips.

road, and put under guard, till it should be known whether they were avowed by their principals. But, the Scotch parliament juftifying them, and complaining of the violation of the law of nations, they were immediately dif charged.

Difficulties In fo nice a juncture, the Scots had but two ways to preunderwhich vent their falling into a dangerous anarchy. They were the Scots lay either, with the English, to change their government into

a commonwealth, or elfe acknowledge the eldest son of the late king for their fovereign. But each of these ways had its difficulties. A republican government was directly contrary to their antient conftitution, the two covenants, and the inclination of the people. Befides it was not feen what advantage could accrue to the nation from fuch a change. The fecond way was likewife very embarraffing, confidering the circumftances of Scotland for many years paft. Had James I. and Charles I. not invaded the privileges of Scotland, by introducing the religion of England, contrary to the inclinations of the people: had the differences between Charles I. and his Scotch fubjects produeed no civil war: had not the treaty which ended that war, and restored to the cots their antient religion, been extorted from the

king: had not the invincible diftruft of the Scots, with re- 1649. gard to Charles I. armed them to leffen his power in England, and difable him to revoke, his conceffions to Scotland; had not the Scots fworn two covenants, the one national, and the other common to both nations, to maintain presbyterianifm: had these things, I fay, never happened, the Scots might, nay, ought to have acknowledged for fovereign the next heir of the crown, according to the immemorial cuftom of Scotland. But in the recognition of this new king, the maintenance of their laws, their privileges, their religion, was concerned. Herein lay the difficulty, for the acceffion of a new king to the crown, was no reafon to oblige them to relinquish things, which had coft them a ten years war. They knew, prince Charles, eldest son of the late king, had the fame principles as his father, concerning religion, and civil government; and had never entertained, nor did now entertain, any perfons about him, but what were mortal enemies to their nation and religion. Wherefore, in receiving him for king without any previous condition, they ran the risk of being replunged into their former ftate under Charles I. who by artifices, and, as they thought, by deceit, and at laft by open violence, had undertaken to reduce the kirk of Scotland to a perfect conformity with the church of England. As therefore, agreeably to the laws and cuftoms of the kingdom, it was natural to acknowledge for fovereign him, to whom the crown was to devolve, it was no less proper, in the prefent juncture, to take care to preferve what they had with so much difficulty recovered. Was it reasonable for them, to deliver themselves to the mercy of a young prince, yet a stranger to them, and cause their peace and happiness to depend on his fole will, notwithstanding their fufpicions, that he had no more affection for them than his father? Nevertheless, as his affairs were almoft defperate, they imagined, the offer of their crown, might engage him to become a good Scot, and difmifs his English counsellors, who were not proper for Scotland; in a word, would think himself very happy to recover one of his kingdoms, and fee himself in the fame ftate in which his ancestors were, before his grandfather's acceffion to England. They refolved, therefore, to acknowledge and proclaim him, but however with reftrictions, which left them at liberty to capitulate with him. The proclamation was thus worded:

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1649.

The Procla

mation of Charles II.

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"The estates of parliament presently convened in this fecond feffions of this fecond triennial parliament, by virtue of an act of the committee of eftates, who had power and authority from the last parliament, for convenin Scotland. "ing the parliament; confidering, that forafmuch as the king's majefty, who lately reigned, is, contrary to the diffent and proteftation of this kingdom, removed by a "violent death; and that by the lord's bleffing, there is left "unto us a righteous heir, and lawful fucceffor, Charles "prince of Scotland and Wales, now king of Great-Bri"tain, France, and Ireland; we the eftates of the parlia"ment of the kingdom of Scotland, do therefore most unanimoufly and cheatfully, in recognition and acknowledg"ment of his juft right, title, and fucceffion to the crown "of these kingdoms, hereby proclaim and declare to all the "world, that the faid lord and prince Charles is, by the "providence of God, and by the lawful right of undoubted

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fucceffion, king of Great-Britain, France, and Ireland, <whom all the fubjects of this kingdom are bound, humbly and faithfully to obey, maintain, and defend, according to the national convenant, and the folemn league and cove"nant betwixt the two kingdoms, with their lives and "goods, against all deadly enemies, as their only righteous fovereign lord and king.

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"And becaufe his majefty is bound by the law of God, and the fundamental laws of this kingdom, to rule in righteoufnefs and equity, to the honour of God, the good "of religion, and the wealth of his people: it is hereby de"clared, that before he be admitted to the exercise of his

royal power, he shall give fatisfaction to the kingdom, in "thofe things that concern the fecurity of religion, the unity "betwixt the kingdoms, and the good and peace of this "kingdom, according to the national covenant, and the so"lemn league and covenant; for which end we are refolved, "with all poffible expedition, to make our humble and

earneft addreffes to his majefty. For the teftification of "all which, we the parliament of the kingdom of Scotland, "publish this our acknowledgment of his juft rights, title,

and fucceffion to the crown of these kingdoms, at the "market-crofs at Edinburgh, with all ufual folemnities in like cafes, and ordain his royal name, portrait, and feal, "to be used in the publick writings and judicatories of this "kingdom,

* Presently in the Scotch papers is used for now, or at prefent.

e kingdom, and in the mint-house, as was ufually done to 1649. "his royal predeceffors, and command this act to be pro"claimed at all the market-croffes of the royal burghs, and "to be printed, that none may pretend ignorance."

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When the proclamation was publifhed, the council dif- The king patched fir Jofeph Douglas, to give the king notice of it, informed of and the ftates fent alfo two commiffioners P, only to inform exprefs. him of what had been acted in his favour, but without any Clarendon, order or inftruction to treat with him. Before the condi- III. p. 217. Whitelock, tions on which he was to be invefted with the royal autho- Heath. rity were proposed to him, it was neceffary to know, if he would accept the crown upon terms not yet known, but eafy to be gueffed. The commiffioners found the king at the The earls of Hague, where there arrived at the fame time, but in another Lanerick, Laut herdale, fhip, the earls of Lanerick and Lautherdale, and fome time after the earl of Montrose alfo from France. king, after his retreat to the Scotch army, trofe to lay down his arms, he retired into Germany, and the Hague. ferved in the emperor's army. Afterwards he went into Clarendon, France, where the queen and prince of Wales gave him a III. p. 217. reception very different from what he expected, after his 223, 224. great fervices in Scotland. This coldness was owing to his arrival in France, at the very time the queen was using her endeavours to perfuade the king her husband, to throw himfelf upon the prefbyterians and Scots, and grant all their demands, imagining, he had no other refuge. It was therefore no proper season to carefs a man, who was extremely hated in Scotland. He had been very fuccefsful in ferving the king, but had used his advantages with fuch barbarity, that he had been degraded by the parliament, and excommunicated by the kirk; fo that in Scotland he was confidered as an enemy to the nation, and to prefbyterianifm. As his refidence in France was very difagreeable, he no fooner heard of the death of Charles I, then he repaired to the Hague to offer his fervice to the new king. In his retinue, were fome Scottish lords and gentlemen attached to his fortune.

receives the

The king received very coldly the news of his being The king proclaimed, by reason of the restriction in the proclamation. news of the There was however nothing ftrange in it, fince the Scots proclamation pretended only to require what had been afked of Charles I. coldly.

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p The commiffioners of the kirk fent alfo four of their minifters. Clarendon, tom. III. p. 217.

The kirk declare, that he should

agreeably

firft fign the covenant, fubmit to the
kirk's cenfure, renounce the fins of
his father's house, and the iniquity of
his mother. Ibid. p. 222.

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