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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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Petitioner in prudency and policy will not be found expedient to be tossed in publick or touched with every hand but rather to be precognosced upon by some wise sober noble and judicious persons for their and several others reasons in the paper hereto annexed nor does the Petitioner desire the same animo pro telandi nor needs the same breed any longer delay nor is it sought without an end of zeal to his Majesties power and vindication of the Petitioners innocency as to many particulars wherewith he is aspersed and it would be seriously pondered that seeing Cunctatio nulla longa ubi agitur de vita hominis far less can this small delay which is usual and in this case most expedient if not absolutely necessary be refused ubi agitur non solum de vita sed de fama and of all worldly interests that can be dear or of value to any man Vpon Consideration of the Premises it is humbly craved That your Grace and the Honourable Estates of Parliament may grant the Petitioners desire and to give Warrant to cite persons to Depone before your Grace and the Estates of Parliament upon such interrogators as your Petitioner shall give in for clearing of several things concerning his intention and loyalty during the Troubles And for such as are out of the Country and Strangers residentars in England Commissions may be directed to such as your Grace and the Parliament shall think fit to take their Depositions upon Oath and to return the same And your Petitioner shall ever pray c. Edinburgh Febr. 12. 1660. This Petition being read was refused Edinburgh At the Parliament House Febr. 13. 1661. THe Marquess of Argyle being accused of High Treason at the instance of Sir John Flo●cher his Majesties Advocate for his Interest was brought to the Bar His Lordship humbly desired but to speak a few words before reading the Indictment assuring to speak nothing in the cause it self Whereupon he was removed a little and after some debate the House resolved that the said Indictment should be first read Then his Lordship desired that a Bill which he had caused his Advocates give in to the Lords of the Articles desiring a precognition with many reasons urging the necess●ty of it to which he had received no answer might be read before the said Indictment which being likewise refused the said Indictment was first read and after the reading thereof the Marquesse being put off hi● first thoughts was compelled to this extemporary discourse following as it was faithfully collected from several hands who writ when his Lordship spoke May i● please your Grace MY Lord Chancellour Before I speak any thing I shall humbly protest my words may not be wrested but that I may have charity to be believed and I shall with God's assistance speak truth from my heart I shall my Lord resume M●phi●●sh●ths answer to David after a great Rebellion and himself evil reported of saith he Yea let him take all for as much as my Lord the 2 Sam. 19. 30. King is come home again in peace into his own house So say I since it has pleased God Almighty graciously to return his Sacred Majesty to the Royal Exercise of his Government over these Nations to which he has undoubted Right and was most unjustly and violently thrust therefrom by the late tyrannizing Usurpers It is my Lord exceeding matter of joy to us all that that iron yoke of Usurpation under which we have these many years sadly groaned is now broke and with much freedom this High and Honourable Court of Parliament are meeting together under the refreshing warm beams of his Majesties Royal Government so much longed for by our almost starved expectations and I do earnestly wish his Royal Presence upon his Royal Throne amongst us but since at this time that great happiness cannot probably be expected I am glad that his Majesties Prudence has singled out such a qualified and worthy person as my Lord Commissioner his Grace to represent himself whose unspotted loyalty to his Majesty we can all witness I cannot my Lord but acknowledge that these two grand mercies which comfortably attends my present condition one is The high thoughts I deservedly entertain of that transcendent and Princely clemency wherewith his Sacred Majesty is so admirably delighted abundantly evidenced by many noted and signal testimonies in all the steps of his Majesties carriage as those most gracious Letters Declarations and that free and most ample Act of Indempnity granted to all his Majesties Subjects excepting some of the immediate Murderers of his Royal Father to eradicate any timorous Jealousies of his Majestie● g●●cious pardon which might haply arise by serious reflectings convincing them forceably of their own miscarriages in these unhappy times of distraction The effects my Lord of which Princely deportment I am confidently hopeful his Majesty has experimentally and shall finde prove one effectual cement to concilliate the most antimonarchick and disaffected persons excepting some of those barbarous phanaticks in all his Majesties Dominions most willingly to the subjection of his Majesties Royal Scepter and with a perfect hatred abominate all disloyal practises in themselves or others in all time coming The second is my Lord When I consider that my Judges are not such as we had of late strangers but my own Countrymen both which joyntly together with the real sense and solid convictions I have of my innocency of these calumnies most unjustly charged upon me encourages my hopes the rather to expect such dealing as will most sympathize with that clement humour to which his Sacred Majesty hath such a natural propensity and such equal administration of Justice void of all byassing prejudices as will be most suitable to such a high and honourable Meeting I shall therefore my Lord desire to use Paul's answer for himself being accused of his Countrymen may not be mistaken he having a learned Orator Tertullus accusing him as I have in my Lord Advocate Paul's was heresie Acts 24. 14 15 16. mine of another nature but I must say with him That the things they alledge against me cannot be proved but this I confess in the way allowed by solemn Oaths and Covenants I have served God my King and Country as he said which they themselves also allow I shall my Lord remember not with repining but for information my hard usage never having had my hearing nor allowance of pen ink nor paper nor the comfort of seeing my friends freely until I received this Summons which was in effect a load above a burden enemies both Scots and English out of malice calumniating me for all the same things excepting what relates to his Majesties most Royal Father of ever glorious memory Therefore my Lord I beg charity and patien● hearing not doubting but the wisdom and goodness of the Parliament will be so favourable and not as the inconsiderate multitude as a learned and able man writes says he As Sir Walter Raleighs
Preface to the Histary of the World we see in experience That dogs they alwaies bark at them they know not and that is their nature to accompany one another in those clamours so it is with the inconsiderate multitude who wanting that vertue which we call honesty in all men and that special gift of God which we call charity in Christian men condemn without hearing and wound without offence given led thereunto by uncertain report only which his Majesty King James only acknowledges to be the Father of lies I shall not desire to be in the least mistaken by any that hear me But sure I am it is pertinently applicable to my case I entreat your Lordship likewise to consider the words of another notable man who says As the tongues of Parasites Speed in his H●story are ill ballances to weigh the vertues of Princes and great men so neither should theirs nor other mens blemishes be looked upon as they are drawn with the deformed pencil of envie or rancour which do alwaies a●tend eminency whether in place or vertue I shall not my Lord be so presumptuous as to arrogate any thing to my self in this only I want not the two companions for I am but a weak man subject to many failings and infirmities whereof I do not purge my self for as we must confess to God Almighty If he should mark iniquity who Psal 130. 3. can stand Neither shall I say That there cannot a hole be discovered as the Proverb is in my coat and it cannot but be so with any specially such as have labour'd in such times business but I bless the Lord that in these things which have been and are here cast upon me I am able to make the falshood and miscenstruction of them palpably appear My Lord before I mention any thing in particular I must shew this Honourable Meeting of Parliament and all that hear me who doubtless have various apprehensions of my being present in this condition that I am here ●ather as my misfortune nor my injury wherein I desire to explain the difference as Plato and Aristotle does very well calling injuries such things as are done purposely with a wicked minde and misfortunes such things as are done with a good minde though the events prove bad yet we could not foresee them So My Lord I shall take God to record who must judge me one day upon my Conscience That what I did flowed not from any injurious principle to any though I acknowledge the events were not still so successful which was my misfortune indeed but it has been my lot often in these times wherein I and many others have been inevitably involved to be by the malicious tongues of my calumniating enemies misconstructed for the worst yea even in many things that the Lord was pleased to make successful for the truth of this I may I hope safely appeal to many in this Honourable House who can abundantly witness my faithful and loyal endeavours for both my King and Native Country whereof I should be very sparing to be an Herald my self were not the contrary so impudently affirmed There are five main calumnies that I desire my Lord to satisfie all that hear me a little in to the end that the rest of less moment may be likewise in its own due time heard afterward abstract more from personal prejudice The first calumny is my Lord concerning that horrid and unparalleld murder of his late Royal Majesty of eternally blessed memory I do here publiquely declare that I neither desire nor deserve the least countenance or favour if I was either accessory to it or on the counsel or knowledge of it which to make clearly appear is under oath in the Parliament Books 1649. whereof I was the first starter my self to the intent we might both vindicate our selves and endeavour a discovery if any amongst us had any accession to that horrid and villanous crime as also in my latter Will which I made going to England in Ann● 1655. or 1656. fearing what possibly might hereafter be obtruded by any upon me or my family upon that accompt I set it down to clear my posterity That I was altogether free of that detestable and execrable crime or of any prejudice to his Majesty in either Person or Government I left this with a very worthy Gentleman I believe well known to your Lordship and never saw it since so your Lordship may be pleased if ye will to call for it and try the truth whatsoever other thing may be in it I hope my Lord this opportunity is a mercy to me to have that vile calumny amongst many others against me to be cleared And my Lord to make this particular yet more evident I did still and do positively assert That I never saw that monstrous Usurper Oliver Cromwell in the face nor ever had the least correspondence with him or any of that Sectarian Army until the commands of the Committee of Estates sent me with some other Noblemen and Gentlemen to the Border in anno 1648. to stop his march into Scotland after those who retired from Preston fight neither after he left the Border in the year 1648. did I ever correspond with him or any of that Sectarian Army so unsatisfied was I with their way after the wicked and sinistrous courses he and they were upon afforded evident presumptions for us to apprehend that he and they intended prejudice to his Royal Majesty onely one letter I received from Sir Arthur Hesilrig to which I returned answer That he might spare his pains in writing to me for I blessed the Lord who had taught me by his Word To fear God and honour the King and not to meddle with them that were given to change though Sir Arthur be now dead yet he acknowledged to several in the Tower that he still had my Letter and when I was there I often desired he might be posed and examined about it which I can presently instruct And during my Lord my being in England neither in London nor Newcastle in anno 1647. There was not any thing so much as mentioned concerning his late Majesties person all that ever I heard of was in publique Parliament 1647. The Commissioners papers at London and Committee books at Newcastle will clear this fully The second calumny is anent the inhumane murder of Duke James Hamilton My Lord It 's well known my great respect to that truly Noble and Worthy person whereof upon all occasions I gave ample testimonies and can yet convince any of his friends with the reality of it and evidenced my true sorrow for the wicked cruelty committed upon him But indeed I cannot deny I refused to complement Cromwell on his behalf he having my Lord been immediately preceding so instrumental and so very active in that most horrid and lamentable murder of his late Sacred Majesty and if I had done otherwise undoubtedly it had been a more black Article in that Libel now read
then any that is in it The third calumny is That which breeds a great part of these groundless clamours though it be not in the Indictment is my Lord Marquesse of Huntley's death wherein I may truly say I was as earnest to preserve him as possibly I could which is very well known to many in this Honourable House and my not prevailing may sufficiently evidence I had not so great a stroke nor power in the Parliament as is libelled And my Lord for his Estate I had nothing in that but for my own absolutely necessary relief and was ever most willing to part with any interest I had therein getting his friends who professed much zeal for the standing of the Family engaged for warrandise to me of any portion that should happen to fall my satisfaction and to evidence that I was no means to harm the Family I stood with my Right betwixt all Fines and forfeitures of Bonds and accompted for any thing I could receive and to manifest yet further that the burden of that Family was not from any extrinsick cause to themselves I have under the old Marquesse his own hand and his Sons George Lord Gordone who was a very worthy young Nobleman the just Inventory of their debts amounting to about one million of marks in anno 1640. It would I fear my Lord consume too much of the Parliaments precious time to hear many other circumstances to make this particular more clear which I shall at this time forbear The fourth calumny is the death of the Marquesse of Montross There are many in this House my Lord who know very well I refused to meddle either in the matter or manner of it and so far were we from having any particular quarrels at one another that in anno 1645. he and I were fully agreed upon Articles and conditions contained in a Treaty past betwixt us the Gentleman is yet alive who carried the messages both by Word and Writing betwixt us and it was neither his fault nor mine that the business did not end at that time which is known to all proved very obnoxious to the Kingdom thereafter The fifth calumny is concerning my dealing with the English after Worcester fight It is well known my Lord to many that my self and the Gentlemen of Argyleshire my Kinsmen Vassals and Tenants endeavoured cordially to engage all their neighbours about them on all hands against the English which they did not prevail in but was most unhappily made known to the English Commanders for the time which they caused immediately publish as a very notable discovery in their News books which occasioned two sad disadvantages to us for they not only crushed our attempts in the infancy but also determined the severer resolutions against us whereby two strong Regiments of Foot Overtons and Reads and very near the number of one of Horse under the command of one Blackamoir were sent to Argyle and when Dean came there it pleased God to visit me with a great distemper of sickness as Doctor Cunnynghame and many others who were with me can witness What my Lord I was prest to when I was violently in their hands may be instructed by the paper it self written by Deans mans own hand yet extant to shew which I did absolutely refuse upon all the hazard of the uttermost of their malice as also what I was necessitate to do is likewise ready to be shown whereby I was still controuled their Prisoner upon demand I shall my Lord add one Reason more to clear this besides many other weighty publick Reasons and Considerations which I shall forbear to mention at this time it being more natural to bring them in by way of defences afterward my own Interest and of all Noblemen and Superiours in Scotland It may be rationally presumed that I had been a very sencelesse fool if ever I had been for promoting such an Authority or Interest over me as Levelled all and was so totally destructive to all that differenced my self and other Noblemen from their own Vassals which many sayes I was too earnest in Yea it being absurdly derog●tive to all true Nobility and my Ancestors and I as is said in that Libel having had so many Titles of honour dignity and eminent places of trust conferred upon us by His Majesties Royal Predecessors and himself all for our constant Loyalty and adheherence to the Crown at all occasions as the Records and Histories of this ancient Kingdom holds forth besides the Narratives of all our Grants and asserting the just priviledges thereof against all opposers I did My Lord ever even when the English were at the intollerable height of Usurpation declare my true abhorrence to a Common-wealth Government which was well known to them all I was not indeed My Lord very dissatisfied when there was rumors spread abroad of Cromwells being made a King as some here present can witnesse for I told them it was a most probable way for His Majesty and the more it were incouraged would tend the more to Cromwel and their deformed Common-wealths Government ruine and promote His Majesties just interest the more My Lord I shall not much blame my Lord Advocate for doing his endeavour it being an essential part of his Function to accuse but I must say that it is very hard measure that so able a man has taken near as many months in taking pains to prompt as many enemies as his perswasions could possibly invite to vent out the highest notes of their malice and laying out search by them for and collecting all the bad reports or rather to give them their genuine term I may call them a confused Masse of the common Clashes of the Countrey thereby to devise mis constructions of all the publick actings of both Parliaments and Committe●es during the late troubles and with strange and remote inferences to adduce all those to the Channel of my particular actings he has taken I say My Lord as many months as I have had dayes to answer them being an exceeding disadvantage But My Lord that 's not all I am likewise extreamly troubled that he labours in that Libel all along to draw an obscure vail of perpetual oblivion over all my good services specially my faithful Loyal indeavours in restoring of His Sacred Majesty to the Crown of this His most ancient Kingdome of Scotland and the exercise of His Majesties Royal authority therein with my cordial indeavours for His Majesties restitution to the rest of His Dominions also which His Majesty both knows and has been pleased often to acknowledge it to have been good service yea and many present in this honourable House knows that I extended both my zeal and affection to the utmost of my power for His Majesties service in that particular which I willingly acknowledge nothing my Lord but my duty whereunto I was tyed both by natural civil and Christian Bands to my Soveraign and specially such a King of whom I may say well as I
have often affirmed That he is a King in whom the Lord has been pleased to take such pleasure as to possesse his Majesty with so many superlative degrees of excellency that will certainly exalt His Majesties same both in our age and to subsequent posterity above all the Monarchs in the world so that my Lord we may consequently discover a high demonstration of the Lords singular kindnes special providential care for us his Majesties Subjects in preserving such a rich blessing as His Sacred Majesty in whom the happinesse of these Nations is wrapt up under the safe wings of his divine Protection I may say even when the extravagant malice of men would have Psal 56. 2. swallowed him up After my Lord had ended this discourse being heard by all very attentively without any interruptions Thus the Lord Advocate spoke to my Lord Chancellour My Lord What can the Marquess of Argyle say to the opposition at Sterling in Anno 1648. The Marquess replyed That he sound my Lord Advocate indeavoured to bring him to debate the particulars which he hoped should be cl●ared at another more convenient time and waved answering the thing it self but insisted thus My Lord Chancellour I 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 circumstantiate these particulars which I have only touched in the general nor is it my purpose at present to fall on the debate of any of that Libel not having yet consulted the Process by reason these Advocates your Lordship was pleased to allow me have not yet all embraced and the excuses of my ordinary Advocates in whom I had confidence being admitted as relevant And their 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 unbraced till within these two or three dayes so that they are strangers altogether to my case I shall therefore my Lord humble desire that a competen● time may be allowed me that I may prepare my defences and I shal God willing abundantly clear every particular in that Lybel And also my Lord I humbly desire that these other Advocates 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 m● The Marquesse his Advocates entred 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 Marquesse their Client might not thereafter be obtruded to them as Treasonable whereupon they took instruments The Marquesse 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 Marquesse and his Advocates to remove till the House should consider both of my Lords desire and the Advocates protestation The Marquesse and his Advocates being removed The House after some small debate resolved as to my Lord Marquesse 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 Advocates As to the Advocates protestation the House resolved That they could not be allowed to speak Treason either by word or writ but upon their perril only allowed them in the general as much as in such cases as indulged to any The Marquesse and his Advocates being called in my Lord Chancellor intimate the foresaid resolutions of the House both in reference to my Lord Marquesse and to the Advocates protestation When my Lord Chancellor had done the Marquesse spoke ●● followeth My Lord Chancellor THere is one thing that had almost escaped me anent that opposition at Sterling 1648. That my Lord Advocate was speaking of That it may not stick with any of this honourable meeting I shall ingeniously declare That after the defeat at Preston 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 Sterling in fearing harm and suspecting nothing I was invaded by Sir George Munro where severall of my Friends were killed and my selfe hardly escaped which is all that can be said I acted in Arms as many here knows My Lord Not that I am any wayes diffident but I shall in due time cleare every particular of that Lybil 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 conceale a possibility if not a probabillity 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 Marquesse 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 plain 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 Edinburgh March 5. 1661. At the Parliament House The Marquesse 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 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 businesse 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 few 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 Lybel 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 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