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<DATE>2011-03-15</DATE>
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<NAME>Olivia Bottum</NAME>
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<DIV1 TYPE="proceedings">
<PB N="1" REF="1" MS="y">
<HEAD><HI>Edinburgh,</HI> At the Parliament-Hou&s;e, <HI>February</HI> 13. 1661.</HEAD>
<P>THe, Marque&s;s of <HI>Argyle</HI> (being accu&s;ed of High Trea&s;on, at the in&s;tance of Sir <HI>John Fletcher,</HI> his Maje&s;ties Advocat for his Intere&s;t) was brought to the Bar: His Lord&s;hip humbly de&s;ired but to &s;peak a few words before read-the Indictment; a&s;&s;uring to &s;peak nothing in the Cau&s;e it &s;elf. Whereupon he was removed a little, and after &s;ome Debate, the Hou&s;e re&s;olved that the &s;aid Indictment &s;hould be fir&s;t read. Then his Lord&s;hip de&s;ired that a Bill which he had cau&s;ed his Advocats give in to the Lords of the Articles, (de&s;ir|ing a precognition, with many rea&s;ons urging the nece&s;&s;ity of it) to which he had received no an&s;wer, might be read before the &s;aid Indictment; which being likewi&s;e refu&s;ed, the &s;aid Indictment was fir&s;t read; and after the read|ing thereof, the Marque&s;s (being put off his fir&s;t thoughts) was compelled to this extemporary Di&s;cour&s;e following, as it was faithfully collected from &s;everal Hands, who writ when his Lord&s;hip &s;poke.</P>
<FLOATEXT LANG="eng" TYPE="speech">
<OPENER><SALUTE>May it plea&s;e your Grace,</SALUTE></OPENER>
<P>MY Lord Chancellor, Before <HI>I</HI> &s;peak any thing, I &s;hall humbly prote&s;t my words may not be wre&s;ted, but that <HI>I</HI> may have Charity to be be|lieved; and <HI>I</HI> &s;hall with God's a&s;&s;i&s;tance, <HI>&s;peak truth</HI> from my heart.</P>
<P><HI>I</HI> &s;hall, my Lord, re&s;ume <HI>Mephibo&s;heths</HI> an&s;wer to <HI>David,</HI> (after a great Rebellion, and him&s;elf evil reported of) &s;aith he, 2 <HI>Sam.</HI> 19.30. <HI>Yea, let him take all, for as much as my Lord the King is come home again in peace in|to his own hou&s;e;</HI> So &s;ay I, &s;ince it has plea&s;ed God Almighty graciou&s;ly to return his Sacred Maje&s;ty to the Royal Exerci&s;e of his Government over the&s;e Nations, to which he has undoubted Right, and was mo&s;t unju&s;tly and vio|lently thru&s;t therefrom by the late tyrannizing U&s;urpers.</P>
<P>It is, my Lord, exceeding matter of joy to us all, that that Iron-yoke of U&s;urpation (under which we have the&s;e many years &s;adly groaned) is now broke, and with much freedom this High and Honourable Court of Parlia|ment are meeting together, under the refre&s;hing warm Beams of his Maje&s;ties Royal Government, (&s;o much <HI>longed for by our almost &s;tarved expectations;</HI>) and <HI>I</HI> do earne&s;tly wi&s;h his Royal Pre&s;ence upon his Royal Throne among&s;t us; but &s;ince at this time that great happine&s;s cannot probably be expected, <HI>I</HI> am glad that <HI>his Maje&s;ties Prudence has &s;ingled out</HI> &s;uch a qualified and wor|thy per&s;on as my Lord Commi&s;&s;ioner his Grace to repre&s;ent him&s;elf, who&s;e un&s;potted Loyalty to his Maje&s;ty we can all witne&s;s.</P>
<P>I cannot, my Lord, but acknowledge, that the&s;e two <HI>grand Mercies,</HI> which comfortably attends my pre&s;ent condition; one is, The high thoughts I de|&s;ervedly entertain of that tran&s;cendent and Princely clemency wherewith his Sacred Maje&s;ty is &s;o admirably delighted, abundantly evidenced by many
<PB N="2" REF="2">noted and <HI>&s;ignal te&s;timonies</HI> in all the &s;teps of his Maje&s;ties carriage; as tho&s;e mo&s;t gracious Letters, Declarations, and that free and mo&s;t ample Act of In|demnity, granted to all his Maje&s;ties Subjects, (excepting &s;ome of the imme|diat Murderers of his Royal Father) to eradicate any timorous Jealou&s;ies of his Maje&s;ties gracious Pardon (which might haply ari&s;e by &s;erious reflect|ings) convincing them forceably of their own mi&s;carriages in the&s;e unhappy times of di&s;traction: The effects, my Lord, of which Princely deportment, <HI>I</HI> am confidently hopeful, his Maje&s;ty has experimentally, and &s;hall find, prove one effectual Cement to concilliate the mo&s;t antimonarchick and di&s;|affected per&s;ons [excepting &s;ome of tho&s;e barbarous Phanaticks] in <HI>all his Maje&s;ties Dominions,</HI> mo&s;t willingly to the &s;ubjection of his Maje&s;ties Royal Scepter; and with a perfect hatred abominate all di&s;loyal Practices in them|&s;elves or others, in all time coming.</P>
<P>The &s;econd is, my Lord, When <HI>I</HI> con&s;ider that my Judges are not &s;uch as we had of late, [Strangers,] but my own Countrymen; both which jointly [together with the real &s;en&s;e and &s;olid convictions <HI>I</HI> have of my innocency of the&s;e calumnies mo&s;t unju&s;tly charged upon me] encourages my hopes the rather, to expect &s;uch dealing, as will mo&s;t &s;ympathize with that clement hu|mour [to which his Sacred Maje&s;ty hath &s;uch a natural propen&s;ity] and &s;uch equal admini&s;tration of Ju&s;tice [void of all bya&s;&s;ing prejudices] as will be mo&s;t &s;uitable to &s;uch a high and honourable Meeting.</P>
<P><HI>I</HI> &s;hall therefore, my Lord, de&s;ire to u&s;e <HI>Paul</HI>'s an&s;wer for him&s;elf, being accu&s;ed of his Countrymen, may not be mi&s;taken, he having a learned Orator <HI>Tertullus</HI> accu&s;ing him, <HI>Acts</HI> 24.14, 15, 16. as <HI>I</HI> have my Lord Advocat; <HI>Paul</HI>'s was Here&s;ie, mine of another nature; but <HI>I</HI> mu&s;t &s;ay with him, That the things they alledge again&s;t me cannot be proved; but this <HI>I</HI> confe&s;s, in the way allowed by &s;olemn Oaths and Covenants, <HI>I</HI> have &s;erved God, my King, and Country [as he &s;aid] which they them&s;elves al&s;o allow.</P>
<P><HI>I</HI> &s;hall, my Lord, remember [not with repining, but for information] my hard u&s;age, never having had my Hearing, nor allowance of Pen, Ink, nor Paper, nor the comfort of &s;eeing my Friends freely, until <HI>I</HI> received this Sum|mons, which was in effect a Load above a Burden; Enemies, both <HI>Scots</HI> and <HI>Engli&s;h,</HI> out of Malice calumniating me for all the &s;ame things, excepting what relates to his Maje&s;ties mo&s;t Royal Father of ever glorious memory.</P>
<P>Therefore, my Lord, <HI>I</HI> beg charity and patient hearing, not doubting but the wi&s;dom and goodne&s;s of the Parliament will be &s;o favourable, and not as the incon&s;iderate multitude [as a learned and able man<NOTE N="*" PLACE="marg">Sir <HI>Walter Ra|leighs</HI> Preface to to the Hi&s;tory of the World.</NOTE> writes, &s;ays he,] As we &s;ee in experience, That Dogs they always bark at them they know not; and that it is their nature, to accompany one another in tho&s;e clamours; &s;o it is with the incon&s;iderate multitude, who wanting that vertue which we call hone&s;ty in all men; and that &s;pecial gift of God [which we call charity in Chri&s;tian men] condemn with|out hearing, and wound without offence given, led thereunto by uncertain report only; which his Maje&s;ty King <HI>James</HI> only acknowledges to be the Fa|ther of Lies: I &s;hall not de&s;ire to be in the lea&s;t mi&s;taken by any that hear me: But &s;ure I am, it is pertinently applicable to my ca&s;e.</P>
<P><PB N="3" REF="2">
<HI>I</HI> intreat your Lord&s;hip likewi&s;e to con&s;ider the words of another notable man,<NOTE N="*" PLACE="marg"><HI>Speed</HI> in his Hi&s;tory.</NOTE> who &s;ays, As the tongues of Pa|ra&s;ites are ill Ballances to weigh the Vertues of Princes and great Men, &s;o neither &s;hould theirs, nor other mens ble|mi&s;hes be looked upon as they are drawn with the deformed Pencil of Envy or Rancour; which do always attend Eminency, whether in place or vertue. <HI>I</HI> &s;hall not, my Lord, be &s;o pre&s;umptuous as to arrogate any thing to my &s;elf in this, only <HI>I</HI> want not the two Companions; for I am but a weak man, &s;ub|ject to many failings and infirmities, [whereof I do not purge my &s;elf] for as we mu&s;t confe&s;s to God Almighty, <HI>P&s;al.</HI> 130.3. if he &s;hould mark iniquity, who can &s;tand? Neither &s;hall I &s;ay, That there cannot a Hole be di&s;covered [as the Proverb is] in my Coat; and it cannot but be &s;o with any, &s;pecially &s;uch as have labour'd in &s;uch times bu&s;ine&s;s; but I ble&s;s the Lord, that in the&s;e things which have been, and are here ca&s;t upon me, I am able to make the fal&s;|hood and mi&s;con&s;truction of them palpably appear.</P>
<P>My Lord, before I mention any thing in particular, I mu&s;t &s;hew this honou|rable Meeting of Parliament, and all that hear me, [who doublte&s;s have vari|ous apprehen&s;ions of my being pre&s;ent in this condition,] that I am here ra|ther as my misfortune, nor my injury; wherein I de&s;ire to explain the diffe|rence, as <HI>Plato</HI> and <HI>Aristotle</HI> does very well; calling injuries &s;uch things as are done purpo&s;ely with a wicked mind; and misfortunes, &s;uch things as are done with a good mind, though the events prove bad, yet we could not fore|&s;ee them.</P>
<P>So, My Lord, I &s;hall take God to record (who mu&s;t judge me one day) upon my Con&s;cience, That what I did, flowed not from any injurious principle to any, though <HI>I</HI> acknowledge the events were not &s;till &s;o &s;ucce&s;|full (which was my misfortune) indeed; but it has been my Lot often in the&s;e times, wherein <HI>I</HI> and many others have been inevitably involved, to be by the malicious tongues of my calumniating enemies, mi&s;con&s;tructed for the wor&s;t; yea, even in many things that the Lord was plea&s;ed to make &s;uccesfull: for the truth of this, <HI>I</HI> may, I hope, &s;afely appeal to many in this Honourable Hou&s;e, who can abundantly witne&s;s my faithfull and Loyal En|deavours for both my King and Native Country: whereof <HI>I</HI> &s;hould be very &s;pa|ring to be an Herauld my &s;elf, were not the contrary &s;o impudently affirmed. There are five main calumnies that <HI>I</HI> de&s;ire, my Lord, to &s;atisfie all that hear me a little in; to the end that the re&s;t of le&s;s moment may be likewi&s;e in its own due time heard afterward ab&s;tract more from per&s;onal prejudice.</P>
<P>The fir&s;t Calumny is, my Lord, concerning that horrid and unparrallel'd Murder of his late Royal Maje&s;ty of eternally ble&s;&s;ed Memory; <HI>I</HI> do here publickly declare, that <HI>I</HI> neither de&s;ire, nor de&s;erve the lea&s;t countenance or favour, if <HI>I</HI> was either acce&s;&s;ory to it, or on the coun&s;el or knowledge of it; which to make clearly appear, is under Oath of the Parliament Books 1649, whereof <HI>I</HI> was the fir&s;t &s;tarter my &s;elf, to the intent we might both vindicate our&s;elves, and endeavour a di&s;covery, if any among&s;t us had any acce&s;&s;i|on to that horrid and Villanous Crime; as al&s;o in my latter Will which <HI>I</HI> made going to <HI>England,</HI> in <HI>anno</HI> 1655 or 1656, fearing what po&s;&s;ibly might hereafter be obtruded by any upon me or my Family upon that account, <HI>I</HI> &s;et it down to clear my po&s;terity, That <HI>I</HI> was altogether free of that dete&s;table and execrable Crime, or of any prejudice to his Maje&s;ty, in either per&s;on or Government: <HI>I</HI> left this with a very worthy Gentleman, <HI>I</HI> believe well known
<PB N="4" REF="3">to your Lord&s;hip, and never &s;aw it &s;ince, &s;o your Lord&s;hip may be plea&s;ed if you will to call for it and try the truth; what&s;oever other thing may be in it, I hope, my Lord, this opportunity is a mercy to me, to have that vile ca|lumny among&s;t many others again&s;t me to be cleared.</P>
<P>And, my Lord, to make this particular yet more evident, <HI>I</HI> did &s;till, and do po&s;itively a&s;&s;ert, that I never &s;aw that mon&s;truous U&s;urper, <HI>Oliver Cromwel,</HI> in the face, nor ever had the lea&s;t corre&s;pondence with him, or any of that Sectarian Army, untill the Commands of the Committee of E&s;tates &s;ent me, with &s;ome other Noblemen and Gentlemen to the Border, in <HI>anno</HI> 1648, to &s;top his march into <HI>Scotland</HI> after tho&s;e who retired from <HI>Pre&s;ton</HI> fight; neither after he left the Border in the year 1648, did I ever corre&s;pond with him, or any of that Sectarian Army, &s;o un&s;atisfied was I with their way, after the wicked and &s;ini&s;trous cour&s;es he and they were upon afforded evident pre&s;umptions for us to apprehend, that he and they intended prejudice to his Royal Maje&s;ty; only one letter I received from Sir <HI>Atrhur He&s;ilrig,</HI> to which I returned an&s;wer, That he might &s;pare his pains in writing to me, for I ble&s;&s;ed the Lord who taught me by his Word, <HI>To fear God and honour the King, and not to meddle with them that were given to change;</HI> though Sir <HI>Arthur</HI> be now dead, yet he acknowledged to &s;everal in the Tower, that he &s;till had my Letter: and when I was there, I often de&s;ired he might be po&s;ed and ex|amined about it; which I can pre&s;ently in&s;truct. And during, my Lord, my being in <HI>England</HI> neither in <HI>London</HI> nor <HI>Newca&s;tle</HI> in <HI>anno</HI> 1647. There was not any thing &s;o much as mentioned concerning his late Maje&s;ties per&s;on; all that ever I heard of, was in publick Parliament 1647. The Commi&s;&s;ioners papers at <HI>London,</HI> and the Committee Books at <HI>Newcastle</HI> will clear this fully.</P>
<P>The &s;econd calumny is anent the inhumane Murder of Duke <HI>James Ha|milton:</HI> My Lord, it's well known my great re&s;pect to that truly Noble and Worthy per&s;on, whereof (upon all occa&s;ions) I gave ample te&s;timonies, and can yet convince any of his friends with the reality of it; and evidenced my true &s;orrow for the wicked cruelty committed upon him; But indeed I can|not deny I refu&s;ed to complement <HI>Cromwell</HI> on his behalf, he having, my Lord, been immediatly preceeding, &s;o in&s;trumental, and &s;o very active in that mo&s;t horrid and lamentable Murder of his late Sacred Maje&s;ty, and if I had done otherwi&s;e, undoubtedly it had been a more black Article in that Lybel now read, than any that is in it.</P>
<P>The third Calumny is, That which breeds a great part of the&s;e groundle&s;s Clamours (tho it be not in the Indictment) is my Lord Marquis of <HI>Huntly's</HI> death; wherein <HI>I</HI> may truly &s;ay, I was as earne&s;t to pre&s;erve him, as po&s;&s;ibly I could, (which is very well known to many in this Honourable Hou&s;e) and my not prevailing, may &s;ufficiently evidence I had not &s;o great a &s;troke nor power in the Parliament as is lybelled; And, my Lord, for his E&s;tate, I had nothing in that, but for my own ab&s;olutely nece&s;&s;ary relief, and was ever mo&s;t willing to part with any intere&s;t I had therein, getting his Friends (who profe&s;&s;ed much Zeal for the &s;tanding of the Family] engaged for warrandi&s;e to me, of any portion that &s;hould happen to fall my &s;atisfaction; and to evi|dence that I was no means to harm the Family, <HI>I</HI> &s;tood with my Right be|twixt all Fines and Forefeitures of Bonds, and accompted for anything I could receive; and to manife&s;t yet furder, that the burden of that Family was not from any extrin&s;ick cau&s;e to them&s;elves, I have under the old Marquis his own hand, and his Sons, <HI>George</HI> Lord <HI>Gordon,</HI> who was a very worthy young
<PB N="5" REF="3">Nobleman, the ju&s;t Inventory of their Debts, amounting to about one mil|lion of Merks, in <HI>anno</HI> 1640. It would I fear, my Lord, con&s;ume too much of the Parliaments precious time, to hear many other circum&s;tances to make this particular more clear, which I &s;hall at this time forbear.</P>
<P>The fourth Calumny is, the death of the Marquis of <HI>Montro&s;e;</HI> There are many in this Hou&s;e, my Lord, who know very well <HI>I</HI> refu&s;ed to meddle either in the matter or manner of it; and &s;ofar were we from having any particular Quar|rels at one another, that in <HI>anno</HI> 1645, he and I were fully agreed upon Ar|ticles and Conditions contained in a Treaty pa&s;t betwixt us; the Gentleman is yet alive who carried the me&s;&s;ages both by Word and Writing betwixt us; and it was neither his fault nor mine that the bu&s;ine&s;s did not end at that time, which is know to all, proved very obnoxious to the Kingdom thereafter.</P>
<P>The fifth Calumny is concerning my dealing with the <HI>Engli&s;h</HI> after <HI>Worce&s;ter</HI> &s;ight; It is well known, my Lord, to many, that my &s;elf, and the Gentlemen of <HI>Argyleshire,</HI> my Kin&s;men, Va&s;&s;als and Tennents, endeavoured cordially to engage all their Neighbours about them on all hands, again&s;t the <HI>English,</HI> which they did not prevail in, but was mo&s;t unhappily made known to the <HI>English</HI> Commanders for the time; which they cau&s;ed immediatly publi&s;h, as a very notable Di&s;covery, in their news Books; which occa&s;ioned two &s;ad di&s;ad van|tages to us: for they not only cru&s;hed our Attempts in the infancy, but al&s;o de|termined the &s;everer Re&s;olutions again&s;t us; whereby two &s;trong Regiments of Foot, <HI>Overtouns</HI> and <HI>Reads,</HI> and very near the number of one of Hor&s;e, un|der the Command of one <HI>Blackamour,</HI> were &s;ent to <HI>Argyle,</HI> and when <HI>Dean</HI> came there, it plea&s;ed God to vi&s;it me with a great di&s;temper of &s;icknes, as Doctor <HI>Cunninghame,</HI> and many others who were with me, can witne&s;s, what my Lord, I was pre&s;t to when <HI>I</HI> was violently in their hands, may be in&s;tructed by the paper it &s;elf, written by <HI>Deans</HI> mans own hand yet extant to &s;hew, which <HI>I</HI> did abolutely refu&s;e upon all the hazard of the uttermo&s;t of their malice; as al&s;o what <HI>I</HI> was nece&s;&s;itate to do, is likewi&s;e ready to be &s;hown, whereby I was &s;till continued their Pri&s;oner upon demand.</P>
<P>I &s;hall, my Lord, add one Rea&s;on more to clear this (be&s;ides many other weighty publick Rea&s;ons and Con&s;iderations, which I &s;hall forbear to mention at this time, it being more natural to bring them in by way of Defences af|terward) my own Intere&s;t, and of all Noblemen and Superiors in <HI>Scotland.</HI> It may be rationally pre&s;umed, that I had been a very &s;en&s;ele&s;s fool, if ever I had been for promoting &s;uch an Authority or intere&s;t over me, as levelled all, and was &s;o totally de&s;tructive to all that differenced my &s;elf and other No|blemen, from their own Va&s;&s;als, (which many &s;ays I was too earne&s;t in) Yea, it being ab&s;urdly derogative to all true Nobility; and my Ance&s;tors and I (as is &s;aid in that Libel having had &s;o many Titles of Honour, Dignity, and eminent places of Tru&s;t conferred upon us by his Maje&s;ties Royal Prede|ce&s;&s;ors and him&s;elf, (all for our con&s;tant Loyalty and adherence to the Crown at all occa&s;ions (as the Records and Hi&s;tories of this antient Kingdom holds forth, be&s;ides the Narratives of all our Grants) and a&s;&s;erting the ju&s;t privi|ledges thereof again&s;t all oppo&s;ers) <HI>I</HI> did, my Lord, ever (even when the <HI>Engli&s;h</HI> were at the intollerable height of U&s;urpation) declare my true abhor|rence to a Common-wealth Government, which was well known to them all. <HI>I</HI> was not indeed, my Lord, very di&s;&s;atisfied when there was Rumours &s;pread abroad of <HI>Cromwels</HI> being made a King, as &s;ome here pre&s;ent can witne&s;s: For <HI>I</HI> told them it was a mo&s;t probable way for his Maje&s;ty; and the more it
<PB N="6" REF="4">were incouraged, would tend the more to <HI>Cromwel,</HI> and their deformed Com|mon wealths Governments Ruine, and promote his Maje&s;ties ju&s;t intere&s;t the more. My Lord, <HI>I</HI> &s;hall not much blame my Lord Advocat for doing his endeavour [it being an e&s;&s;ential part of his Function to accu&s;e] but <HI>I</HI> mu&s;t &s;ay, That it is very hard mea&s;ure, that &s;o able a man has taken near as many Months, in taking pains to prompt as many Enemies as his per&s;wa&s;ions could po&s;&s;ibly invite, to vent out the highe&s;t notes of their malice, and laying out &s;earch by them for, and collecting all the bad Reports, or rather, to give them their genuine term, <HI>I</HI> may call them a confu&s;ed Ma&s;s of the common Cla&s;hes of the Country, thereby to devi&s;e mi&s;con&s;tructions of all the publick actings, of both Parliaments and Comittees, during the late troubles, and with &s;trange and remote inferences to adduce all tho&s;e to the channel of my particular actings; he has taken, <HI>I</HI> &s;ay, my Lord, as many Months, as <HI>I</HI> have had days, to an&s;wer them, being an exceeding di&s;advan|tage. But my Lord, that's not all, <HI>I</HI> am like wi&s;e extreamly troubled, that he labours in that Libel all along to draw an ob&s;cure vail of perpetual oblivion o|ver all my good &s;ervices; and &s;pecially my faithful and loyal endeavours in re&s;toring of his Sacred Maje&s;ty to the Crown of this his mo&s;t Antient Kingdom of <HI>Scotland,</HI> and the exerci&s;e of his Maje&s;ties Royal Authority therein, with my cordial endeavours for his Maje&s;ties Re&s;titution to the re&s;t of his Dominions al&s;o, which his Maje&s;ty both knows, and has been plea&s;ed often to acknowledge it to have been good &s;ervice; yea, and many pre&s;ent in this Honourable Hou&s;e knows, that <HI>I</HI> extended both my Zeal and Affection to the utmo&s;t of my Power for his Maje&s;ties Service in that particular, which <HI>I</HI> willingly acknowledge nothing, my Lord, but my duty, whereunto <HI>I</HI> was tyed both by natural civil, and Chri&s;tian Bands to my Sovereign, and &s;pecially &s;uch a King of whom <HI>I</HI> may &s;ay well [as <HI>I</HI> have often affirmed] That he is a King in whom the Lord has been plea&s;ed to take &s;uch plea&s;ure, as to po&s;&s;e&s;s his Ma|je&s;ty with &s;o many &s;uperlative degrees of Excellency, that will certainly exalt his Maje&s;ties Fame both in our Age, and to &s;ub&s;equent Po&s;terity, above all the Monarchs in the World; &s;o, that my Lord, we may con&s;equently di&s;cover a high Demon&s;tration of the Lords &s;ingular Kindne&s;s, and &s;pecial providenti|al care for us his Maje&s;ties Subjects, in pre&s;erving &s;uch a rich Ble&s;&s;ing as his Sa|cred Maje&s;ty (in whom the Happine&s;s of the&s;e Nations is wrapt up) under the &s;afe Wings of his Divine Protection, <HI>I</HI> may &s;ay,<NOTE PLACE="marg"><HI>P&s;al:</HI> 56.2.</NOTE> even when the extravagant malice of men would have &s;wallowed him up.</P>
</FLOATEXT>
<P>After my Lord had ended this di&s;cour&s;e (being heard by all very atten|tively, without any Interruptions) Thus the Lord Advocate &s;poke to my Lord Chancellor. My Lord, what can the Marqui&s;s of <HI>Argyle</HI> &s;ay to the oppo&s;i|tion at <HI>Stirling, in anno</HI> 1648. The Marqui&s;s replyed, That he found my Lord Advocat endeavoured to bring him to debate the particulars [which he hoped &s;hould be cleared at another more convenient time) and waved an&s;wering the thing it &s;elf, but in&s;i&s;ted thus: My Lord Chancellor, <HI>I</HI> have [informative only] hinted a little at the main things which I am often charged with, my Memory cannot fully reach all, neither will time permit to circum&s;tantiat the&s;e particulars, which <HI>I</HI> have only touched in the gene|ral; nor is it my purpo&s;e at pre&s;ent to fall on the debate of any of that Libel [not having yet con&s;ulted the Proce&s;s] by rea&s;on the&s;e Advocats your Lord|&s;hip
<PB N="7" REF="4">was plea&s;ed to allow me, have not yet all embraced, and the excu&s;es of my ordinary Advocats [in whom <HI>I</HI> had confidence] being admitted as relevant. And thir Gentlemen, that has been plea&s;ed [in obedience to your Lord&s;hips Command] to come here with me, not being much acquain|ted with matters of this weight, and not having imbraced till within the&s;e two or three days: So that they are &s;trangers altogether to my ca&s;e] <HI>I</HI> &s;hall therefore my Lord, humbly de&s;ire, that a competent time may be allo|wed me, that <HI>I</HI> may prepare my Defences, and <HI>I</HI> &s;hall [God willing] abun|dantly clear every particular in that Libel. And al&s;o my Lord, I humbly de&s;ire, that the&s;e other Advocats, who were ordained by your Lord&s;hips to a&s;&s;i&s;t me [and after the Honourable Lords of Articles had heard them, re|jected their excu&s;es] may be now reordained to con&s;ult and appear for me.</P>
<P>The Marqui&s;s his Advocates entered a Prote&s;tation, that what &s;hould hap|pen to e&s;cape them in pleading [either by word or Writ, for the Life, Ho|nour, and E&s;tate of the &s;aid Noble Marqui&s;s, their Client might not thereaf|ter be obtruded to them as Trea&s;onable, whereupon they took in&s;truments.</P>
<P>The Marqui&s;s a&s;&s;ured my Lord Chancellor, That he knew not of any &s;uch Prote&s;tation to be pre&s;ented, and that it flowed &s;imply of them&s;elves; where|upon my Lord Chancellor de&s;ired the Marqui&s;s and his Advocats to remove, till the Hou&s;e &s;hould con&s;ider both of my Lords de&s;ire, and the Advocats Prote&s;tation.</P>
<P>The Marqui&s;s and his Advocats being removed. The Hou&s;e [after &s;ome &s;mall debate] re&s;olved, as to my Lord Marqui&s;s de&s;ires, his Lord&s;hip &s;hould have till the 26 of <HI>February</HI> to give in his Defences in Writ, and ordained Mr. <HI>Andrew Ker</HI> to be one of his Advocats.</P>
<P>As to the Advocats Prote&s;tation, the Hou&s;e re&s;olved, That they could not be allowed to &s;peak Trea&s;on either by word or Writ but upon their peril, only allowed them in the general, as much as in &s;uch ca&s;es was indulged to any. The Marqui&s;s and his Advocats being called in, my Lord Chancellor intimated the fore&s;aid Re&s;olutions of the Hou&s;e, both in reference to my Lord Marqui&s;s, and to the Advocats Prote&s;tation.</P>
<P>When my Lord Chancellor had done, the Marqui&s;s &s;poke as followeth;</P>
<FLOATEXT LANG="eng" TYPE="speech">
<OPENER><SALUTE>My Lord Chancellor,</SALUTE></OPENER>
<P>THere is one thing that had almo&s;t e&s;caped me, anent that oppo&s;ition at <HI>Stirling,</HI> 1948. That my Lord Advocate was &s;peaking of, That it may not &s;tick with any of this honourable meeting, I &s;hall ingenu|ou&s;ly declare, that after the Defeat at <HI>Pre&s;toun,</HI> I was de&s;ired to come and meet with the Committee of E&s;tates (meaning tho&s;e who were in the then Engagement) And being come with &s;ome of my Friends to <HI>Stirling,</HI> fearing no harm, and &s;u&s;pecting nothing, I was Invaded by Sir <HI>George Moure,</HI> where &s;everal of my Friends were killed, and my &s;elf hardly e&s;caped, which is all that can be &s;aid I acted in Arms as many here knows.</P>
<P>My Lord, Not that I am any ways diffident; but I &s;hall in due time clear every particular of that Libel; Yet I am not a little troubled that &s;ome who have heard the Calumnies therein; may let them have &s;uch an impre&s;&s;ion (be|ing a&s;&s;erted with &s;uch confidence) as to conceal a po&s;&s;ibility, if not a proba|bility of their being true; I &s;hall therefore de&s;ire &s;o much Charity from this honourable Meeting, that there be no hard thoughts entertained till I be fully heard.</P>
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<P><PB N="8" REF="5">
The Marqui&s;s therefore with the joynt concurrence of his Advocates, humbly de&s;ired, that the Bill (containing many pungent Rea&s;ons) for a precognition of his Proce&s;s, given to the Honourable Lords of Articles might be read and con&s;idered, in plene Parliament.</P>
<P>To which my Lord Chancellor replyed, that it had been formerly refu&s;ed at the Articles, and that it would not be granted.</P>
<P>So his Lord&s;hip was carried back to the Ca&s;tle.</P>
</DIV1>
<DIV1 TYPE="proceedings">
<HEAD><HI>Edinburh,</HI> March <HI>5. 1661.</HI> At the parliament Hou&s;e.</HEAD>
<P><HI>The</HI> Marqui&s;s <HI>of</HI> Argyle <HI>being called in, gave in a Bill containing &s;everal weighty Rea&s;ons, de&s;iring a continuation till the Meeting of Parliament to Morrow. His Lord&s;hip being removed, after a long Debate, it was carried again&s;t him by two or three Votes; and his Lord&s;hip being called in, my Lord Chancellor told him it was refu&s;ed, and ordered his Lord&s;hip to</HI> produce his Defences, where|upon he &s;poke as followeth;</P>
<FLOATEXT LANG="eng" TYPE="speech">
<OPENER><SALUTE>May it plea&s;e your Grace,</SALUTE></OPENER>
<P>MY Lord Chancellor, This Bu&s;ine&s;s is of very great concernment to me, and not &s;mall in the preparative of it to the whole Nation; Yea, it may concern many of your Lord&s;hips (who are &s;itting here) and (your Po&s;terity;) And therefore I de&s;ire to have your Grace (my Lord Commi&s;&s;ioner) and the remanent Members of this honourable Meeting, your patience to hear me a &s;ew words without-prejudice or mi&s;con&s;truction, which any thing I can &s;ay is often obnoxious to.</P>
<P>I &s;hall my Lord begin with the Words of that Godly King, <HI>Jeho&s;aphat that good</HI> King of <HI>Judah,</HI> (after he was come back in peace to <HI>Jeru&s;alem</HI>) <HI>in his In&s;tructions to his Judges, he de&s;ires them to take heed what they do, for they judge not for Men, but for the</HI> LORD, <HI>who is with them in the Judgement.</HI></P>
<P>My Lord, I &s;hall &s;peak another Word to many young Men, who were ei|ther not Born, or &s;o Young that it is impo&s;&s;ible they could know the begin|ning of the&s;e Bu&s;ine&s;&s;es, which are contained in the Libel again&s;t me (being all that hath been done &s;ince the Year. 1638,) &s;o <HI>that</HI> they <HI>might have heard by report,</HI> what was <HI>done,</HI> but not why, or upon what Grounds, <HI>and what &s;ome</HI> have Suffered but not what they have de&s;erved.&mdash;Therefore I de&s;ire your Lord&s;hips Charity, until all the particulars and &s;everal <HI>Circum&s;tances of every Particular be heard,</HI> without which no Man can Judge rightly of <HI>any</HI> Action. <HI>For as it is well ob&s;erved by that incomparable</HI> Grotius, <HI>that</HI> Ari&s;totle <HI>a&s;&s;erts, that there is more certainty in the Mathematicks than Morals, for as</HI> Gro|tius <HI>has it, the Mathematicks &s;eparates Forms from Matters, as betwixt Straight and Crooked there is no mid&s;t, but in Morals, even the least Circum&s;tances vary the Matter, &s;o that they are wont to have &s;omething betwixt them, with &s;uch Lati|tudes, that the Acce&s;s is near &s;ometime to this, &s;ometime to that Extream; So that betwixt that which ought to be done, and that which ought not to be done, is inter|po&s;ed, that which may be done,</HI> but is nearer now to this, than to the other
<PB N="9" REF="5">Extremity, or part, whence ambiguity often ari&s;eth? The particular Cir|cum&s;tances are &s;o obvious to every under&s;tanding Man, that I need <HI>only to mention them.</HI></P>
<P><HI>Maxim</HI> 1. <HI>Polybius</HI> my Lord makes much of his Hi&s;tory depend upon the&s;e three, <HI>Concilia, Cau&s;a, et eventus;</HI> and there are likewi&s;e other three, <HI>Tempus, Locus, et Per&s;onae,</HI><NOTE PLACE="marg">Coun&s;els, Cau&s;es, Events, Time, Place, Per&s;ons.</NOTE> <HI>The change whereof makes</HI> that which is lawful duty, unlawful, and on the contrary, &s;o likewi&s;e in &s;peaking or repeating words, the adding or paring from them, will quite alter the &s;ence and meaning; as al&s;o in writing, the placing of the Comma's or Points, will change the &s;entence to a quite other purpo&s;e than it was intended.</P>
<P><HI>Maxim</HI> 2. There is my Lord, another <HI>Maxim,</HI> which I do not mention as always undeniable; but when there is no lawful Magi&s;trat exerci&s;ing power and authority in a Nation, but an invading U&s;urper in po&s;&s;e&s;&s;ion, <HI>e&s;teem|ing former Laws, Crimes;</HI> In &s;uch a ca&s;e I &s;ay the &s;afety of the people is the Supream Law.</P>
<P><HI>Maxim</HI> 3. There is another <HI>Maxim,</HI> which is not que&s;tioned by any, and it is, <HI>Nece&s;&s;ity has no Law;</HI> for even the Moral Law of God yields to it, and Chri&s;t's Di&s;ciples in <HI>Davids</HI> example: For this <HI>Seneca</HI> &s;ayes, <HI>Nece&s;&s;ity</HI> (the defence of humane imbecility) <HI>breaks every Law; Nam nece&s;&s;itas legum irridet vincula,</HI> Nece&s;&s;ity &s;corns the &s;etters of Laws: So he that an&s;wers that Libel, The long Parliament revived, &s;peaking of this la&s;t Parliament (which his Maje&s;ty calls, a ble&s;&s;ed healing Parliament,) he &s;ays, the nece&s;&s;ity to have it, may di&s;pen&s;e with &s;ome formalities: &s;o <HI>Ravenella</HI> (&s;o much e&s;teemed in mat|ters of Scripture) after he has divided nece&s;&s;ity in <HI>ab&s;olute</HI> and <HI>hypothetick,</HI> makes that of &s;ubmitting to Powers of ab&s;olute nece&s;&s;ity: <HI>Jo&s;ephus</HI> al&s;o, my Lord, that famous Hi&s;torian, when he mentioned <HI>Davids</HI> &s;peech to his Chil|dren, after he had made <HI>Solomon</HI> (being but younger brother) King, he ex|horts them <Q>to unity among them&s;elves, and &s;ubmi&s;&s;ion to him and his Au|thority; for if it &s;hould plea&s;e God to bring a forraign &s;word among&s;t you you mu&s;t &s;ubmit to them, much more then to him who is your brother, and one of your own Nation.</Q></P>
<P><HI>Maxim</HI> 4. There is another <HI>Maxim,</HI> (my Lord) <HI>Inter arma &s;ilent leges;</HI> and it is well known, that divers retours and other things in <HI>Scotland,</HI> were done in con&s;ideration of times of Peace, and times of War.</P>
<P><HI>Maxim</HI> 5. Another <HI>Maxim, Ex duobus malis minimum eligendum est cum unum eorum nequeunt evitari,</HI> &s;ays <HI>Aristotle, Cicero,</HI> and <HI>Quintilian, cum diver&s;a mala inter &s;e comparantur minimum eorum locum boni occupat.</HI></P>
<P><HI>Maxim</HI> 6. There is another <HI>Maxim,</HI> <Q>No mans intention mu&s;t be judged by the event of any Action, there being oftentimes &s;o wide a difference be|twixt the condition of a Work, and the intention of the Worker.</Q></P>
<P><HI>Maxim</HI> 7. I &s;hall only add another <HI>Maxim,</HI> <Q>It cannot be e&s;teemed Vir|tue, to ab&s;tain from Vice; but where it is in our power to commit the Vice, and we meet with a Temptation.</Q></P>
<P>As I have named &s;hortly &s;ome few <HI>Maxims,</HI> my Lord, I &s;hall humbly ten|der &s;ome weighty Con&s;iderations to your Lord&s;hips thoughts:</P>
<P><HI>Con&s;ider.</HI> 1. The fir&s;t Con&s;ideration is, That there is different Con&s;idera|tions to be had of Subjects actions when their lawful Magi&s;trat is in the ex|erci&s;e of his Authority by him&s;elf, or others lawfully con&s;tituted by him, and when there is no King in <HI>I&s;rael.</HI></P>
<P><HI>Con&s;ider.</HI> 2. The &s;econd is, That there is a different Con&s;ideration betwixt
<PB N="10" REF="6">the &s;ubjects actions, when the lawful Magi&s;trat is in the Nation, and when he is put from it, and &s;o forced to leave the people to the prevalent power of a Forraign Sword, and the Invader in po&s;&s;e&s;&s;ion of Authority.</P>
<P><HI>Con&s;ider.</HI> 3. Thirdly, That there is a difference betwixt Subjects actions, even with the Invading U&s;urper, after the Repre&s;entatives of a Nation have &s;ubmitted to, and accepted of their Authority and Government, and they in po&s;&s;e&s;&s;ion &s;everal Years, the Nation acknowledging their Con&s;titutions, and all the Lawyers pre&s;&s;ing and pleading them as Laws.</P>
<P><HI>Con&s;ider.</HI> 4. Fourthly, The actions of Subjects are to be con&s;idered, when a&s;&s;i&s;ting the lawful Magi&s;trat to their power, and never &s;ubmitting to the in|vading U&s;urper until they were pri&s;oners; and could do no better.</P>
<P><HI>Con&s;ider.</HI> 5. Fifthly That there is likewi&s;e con&s;ideration to be had of the actions of &s;uch Subjects, being &s;till pri&s;oners upon demand under Articles to that pur|po&s;e.</P>
<P><HI>Con&s;ider.</HI> 6. Sixtly, It is to be con&s;idered likewi&s;e of the actions of &s;uch a Subject, who was particularly noticed and per&s;ecuted by the Invader, for his affection to the lawful Magi&s;trat and his Government.</P>
<P><HI>Con&s;ider.</HI> 7. Seventhly, It is to be con&s;idered, that there is a great diffe|rence betwixt Actions done <HI>ad lucrum captandum,</HI> and tho&s;e done <HI>ad damnum evitandum;</HI> that is to &s;ay, Actions to procure Benefit, and Actions to &s;hun de|triment.</P>
<P><HI>Con&s;ider.</HI> 8. Eightly, It is to be con&s;idered, that there hath ever been a fa|vourable con&s;ideration had, by any Prince, of any per&s;on coming voluntar|ly, and ca&s;ting him&s;elf upon a Princes Clemency.</P>
<P><HI>Con&s;ider.</HI> 9. Ninthly, It is to be con&s;idered, that his Maje&s;ty him&s;elf hath a gracious natural Inclination unto Clemency and Mercy, which hath been &s;o abundantly manife&s;ted to his Subjects in <HI>England,</HI> even to all (except to &s;ome of the immediat Murtherers of his Royal Father) that it cannot be doubt|ed, that the &s;ame will be wanting to his People in <HI>Scotland,</HI> who &s;uffered by them (whom his Maje&s;ty hath graciou&s;ly pardoned) even for their dutiful Service, and affection to his Maje&s;ty.</P>
<P>Therefore without thought of any prejudice to the Parliament, or this Ho|nourable Meeting, I mu&s;t make u&s;e of my Lord Chancellor of <HI>England</HI> his words, though in another ca&s;e, &s;aying, <HI>There cannot too much evil befal tho&s;e who do the be&s;t they can to corrupt his Majesties good Nature, and to extingui&s;h his Clemency:</HI> For his Maje&s;ties &s;elf declared his Natural Inclination to Cle|mency, in his Speech to both his Hou&s;es of Parliament in <HI>England,</HI> whom he hath (with all his people) <HI>conjured, de&s;ired, and commanded, to aboli&s;h all Notes of Di&s;cord, Separations, and difference of Parties, and to lay a&s;ide all o|ther Animo&s;ities, and the memory of pa&s;t Provocations, and to return to a perfect &V;nity among&s;t them&s;elves under his Majesties Protections;</HI> which is hoped all your Lord&s;hips will concur in, having &s;o worthy a Pattern to follow: And as the&s;e are his Maje&s;ties Inclinations expre&s;t, &s;o it is &s;uitable to the <HI>Arms</HI> he bears as <HI>King of Scotland,</HI> which is the <HI>Lyon,</HI> who&s;e Motto is known to all.</P>
<LG>
<L>&mdash; <HI>Nobilis est ira Leonis</HI></L>
<L><HI>Parcere &s;ubjectis, &amp; debellare &s;uperbos.</HI></L>
</LG>
<P>Which is to &s;ay, To vanqui&s;h and &s;ubdue the Proud, and &s;pare &s;uch as are &s;ubmi&s;&s;ive; of the which Number I am one: And for that effect, in all Hu|mility, pre&s;ent this humble <HI>Submi&s;&s;ion</HI> to his Maje&s;ty, and your Grace, my <HI>Lord Commi&s;&s;ioner</HI> in his Maje&s;ties Name.</P>
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</BODY>
</TEXT>
</EEBO>
</ETS>
