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judgement_n lord_n speak_v word_n 5,998 5 4.2483 3 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B01426 Edinburgh, at the Parliament-House, February 13. 1661. Argyll, Archibald Campbell, Earl of, 1629-1685 1661 (1661) Wing A3653A; ESTC R172501 11,740 10

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yet all embraced and the excuses of my ordinary Advocats in whom I had confidence being admitted as relevant And thir Gentlemen that has been pleased in obedience to your Lordships Command to come here with me not being much acquainted with matters of this weight and not having imbraced till within these two or three days So that they are strangers altogether to my case I shall therefore my Lord humbly desire that a competent time may be allowed me that I may prepare my Defences and I shall God willing abundantly clear every particular in that Libel And also my Lord I humbly desire that these other Advocats who were ordained by your Lordships to assist me and after the Honourable Lords of Articles had heard them rejected their excuses may be now reordained to consult and appear for me The Marquiss his Advocates entered a Protestation that what should happen to escape them in pleading either by word or Writ for the Life Honour and Estate of the said Noble Marquiss their Client might not thereafter be obtruded to them as Treasonable whereupon they took instruments The Marquiss assured my Lord Chancellor That he knew not of any such Protestation to be presented and that it flowed simply of themselves whereupon my Lord Chancellor desired the Marquiss and his Advocats to remove till the House should consider both of my Lords desire and the Advocats Protestation The Marquiss and his Advocats being removed The House after some small debate resolved as to my Lord Marquiss desires his Lordship should have till the 26 of February to give in his Defences in Writ and ordained Mr. Andrew Ker to be one of his Advocats As to the Advocats Protestation the House resolved That they could not be allowed to speak Treason either by word or Writ but upon their peril only allowed them in the general as much as in such cases was indulged to any The Marquiss and his Advocats being called in my Lord Chancellor intimated the foresaid Resolutions of the House both in reference to my Lord Marquiss and to the Advocats Protestation When my Lord Chancellor had done the Marquiss spoke as followeth My Lord Chancellor THere is one thing that had almost escaped me anent that opposition at Stirling 1948. That my Lord Advocate was speaking of That it may not stick with any of this honourable meeting I shall ingenuously declare that after the Defeat at Prestoun I was desired to come and meet with the Committee of Estates meaning those who were in the then Engagement And being come with some of my Friends to Stirling fearing no harm and suspecting nothing I was Invaded by Sir George Moure where several of my Friends were killed and my self hardly escaped which is all that can be said I acted in Arms as many here knows My Lord Not that I am any ways diffident but I shall in due time clear every particular of that Libel Yet I am not a little troubled that some who have heard the Calumnies therein may let them have such an impression being asserted with such confidence as to conceal a possibility if not a probability of their being true I shall therefore desire so much Charity from this honourable Meeting that there be no hard thoughts entertained till I be fully heard The Marquiss therefore with the joynt concurrence of his Advocates humbly desired that the Bill containing many pungent Reasons for a precognition of his Process given to the Honourable Lords of Articles might be read and considered in plene Parliament To which my Lord Chancellor replyed that it had been formerly refused at the Articles and that it would not be granted So his Lordship was carried back to the Castle Edinburh March 5. 1661. At the parliament House The Marquiss of Argyle being called in gave in a Bill containing several weighty Reasons desiring a continuation till the Meeting of Parliament to Morrow His Lordship being removed after a long Debate it was carried against him by two or three Votes and his Lordship being called in my Lord Chancellor told him it was refused and ordered his Lordship to produce his Defences whereupon he spoke as followeth May it please your Grace MY Lord Chancellor This Business is of very great concernment to me and not small in the preparative of it to the whole Nation Yea it may concern many of your Lordships who are sitting here and your Posterity And therefore I desire to have your Grace my Lord Commissioner and the remanent Members of this honourable Meeting your patience to hear me a sew words without-prejudice or misconstruction which any thing I can say is often obnoxious to I shall my Lord begin with the Words of that Godly King Jehosaphat that good King of Judah after he was come back in peace to Jerusalem in his Instructions to his Judges he desires them to take heed what they do for they judge not for Men but for the LORD who is with them in the Judgement My Lord I shall speak another Word to many young Men who were either not Born or so Young that it is impossible they could know the beginning of these Businesses which are contained in the Libel against me being all that hath been done since the Year 1638 so that they might have heard by report what was done but not why or upon what Grounds and what some have Suffered but not what they have deserved Therefore I desire your Lordships Charity until 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 than 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 near 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 than to the other Extremity or part whence ambiguity often ariseth The particular Circumstances are so obvious to every understanding Man that I need only to mention them Maxim 1. Polybius my Lord makes much of his History depend upon these three Concilia Causa et eventus and there are likewise other three Tempus Locus et Personae Counsels Causes Events Time Place Persons The change whereof makes that which is lawful duty unlawful 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 than it was intended Maxim 2. There is my Lord another Maxim which I do not mention as