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authority_n absolute_a king_n power_n 3,604 5 5.4121 4 true
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A85521 The grand indictment of high-treason. Exhibited aginst the Marquess of Argyle, by His Maiesties Advocate. To the Parliament of Scotland. With the Marquesses answers. And the proceedings thereupon. Argyll, Archibald Campbell, Marquis of, 1598-1661. 1661 (1661) Wing G1498; Thomason E1087_1; Thomason E1087_2; ESTC R208330 18,827 40

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some have suffered but not what they have deserved Therefore I desire your Lordships charity untill all the particulars and several circumstances of every particular be heard without which no man can judge rightly of any action For as it is well observed by that incomparable Grotius that Aristotle asserts That there is more certainty in the Mathematicks then morals for as Grotius has it the Mathematicks separates forms from matters as betwixt straight and crooked there is no midst but in morals even the least circumstances vary the matter so that they are wont to have something betwixt them with such Latitudes that the access is neer sometime to this sometime to that extream So that betwixt that which ought to be done and that which ought not to be done is interposed that which may be done but is nearer now to this then to the other extreamity or part whence ambiguity often ariseth The particular circumstances are so obvious to every understanding man that I need only to mention them Polybius my Lord makes much of his History Maxim 1 depend upon these three Concilia Causa et Counsels Causes Events Time Place Persons Eventus and there are likewise other three Tempus Locus et Personae The change whereof makes that which is lawful duty unlawfull and on the contrary so likewise in speaking or repeating words the adding or paring from them will quite alter the sence and meaning as also in writing the placing of the Comma's or Points will change the sentence to a quite other purpose then it was intended There is my Lord another Maxim which Maxim 2 I do not mention as alwayes undeniable but when there is no lawful Magistrate exercising power and authority in a Nation but an invading Usurper in possession esteeming former Laws Crimes In such a case I say the safety of the people is the Supream Law There is another Maxim which is not Maxim 3 questioned by any and it is Necessity has no Law For even the Moral Law of God yields to it and Christ's Disciples in David's example For this Seneca says Necessity the defence of humane imbecility breaks every Law Nam necessitas Legum irridet vincula Necessity scorns the fetters of Laws So he that answers that Libel The long Parliament revived speaking of this last Parliament which his Majesty calls a blessed healing Parliament he says the necessity to have it may dispense with some formalities so Ravenella so much esteemed in matters of Scripture after he has divided necessity in absolute and hypothetick makes that of submitting to Powers of absolute necessity Josephus also my Lord that famous Historian when he mentioned David's speech to his children after he had made Solomon being but younger brother King he exhorts them to unity among themselves and submission to him and his authority for if it should please God to bring a forreign sword amongst you you must submit to them much more then to him who is your brother and one of your own Nation There is another Maxim my Lord Inter Maxim 4 arma silent leges and it is well known that divers retours and other things in Scotland were done in consideration of times of Peace and times of War Another Maxim Ex duobus malis minimum Maxim 5 eligendum est cum unum eorum negunt evitari sayes Aristotle Cicero and Quintilian cum diversa mala inter se comparantur minimum eorum locum boni occupat There is another Maxim No man's Intention Maxim 6 must be judged by the event of any Action there being oftentimes so wide a difference betwixt the condition of a Work and the intention of the Worker I shall only add another Maxim It cannot Maxim 7 be esteemed Virtue to abstain from Vice but where it is in our power to commit the Vice and we meet with a Temptation As I have named shortly some few Maxims my Lord I shall humbly tender some weighty Considerations to your Lordships thoughts The first Consideration is That there is different Consider 1 considerations to be had of subjects actions when their lawful Magistrate is in the exercise of his Authority by himself or others lawfully constituted by him and when there is no King in Israel The second is That there is a different Consider 2 Consideration betwixt the subjects actions when the lawful Magistrate is in the Nation and when he is put from it and so forced to leave the people to the prevalent power of a Forreign Sword and the Invader in possession of Authority Thirdly That there is a difference betwixt Consider 3 subjects actions even with the Invading Usurper ●fter the Representatives of a Nation have submitted to and accepted of their Authority and Government and they in possession several years the Nation acknowledging their Constitutions and all the Lawyers pressing and pleading them as Laws Fourthly The actions of Subjects are to Consider 4 be considered when assisting the lawful Magistrate to their power and never submitting to the invading Usurper until they were prisoners and could do no better That there is likewise consideration to be had of the actions of such subjects being still Consider 5 prisoners upon demand under Articles to that purpose Sixtly It is to be considered likewise of Consider 6 the actions of such a subject who was particularly noticed and persecuted by the Invaders for his affection to the lawful Magistrate and his Government Seventhly It is to be considered That there Consider 7 is a great difference betwixt actions done ad lucrum captandum and those done ad damnum evitandum that is to say actions to procure benefit and actions to shun detriment Eightly It is to be considered That there Consider 8 hath ever been a favourable consideration had by any Prince of any person coming voluntarily and casting himself upon a Princes clemency Ninthly It is to be considered That his Consider 9 Majesty himself hath a gracious natural inclination unto Clemency and Mercy which hath been so abundantly manifested to his subjects in England even to all except to some of the immediate murtherers of his Royal Father that it cannot be doubted that the same will be wanting to his people in Scotland who suffered by them whom his Majesty hath graciously pardoned even for their dutiful service and affection to his Majesty Therefore without thought of any prejudice to the Parliament or this Honourable Meeting I must make use of my Lord Chancellor of England his words though in another case saying There cannot too much evil befal those who do the best they can to corrupt his Majesties good Nature and to extinguish his Clemency For his Majesties self declared his Natural Inclination to Clemency in his Speech to both his Houses of Parliament in England whom he hath with all his people conjured desired and commanded to abolish all notes of Discord Separations and Difference of Parties and to lay aside all other animosities and the memory of past provocations and to return to