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A25792 The speech and plea of Archibald marquesse of Argyle to the Parliament of Scotland at Edinburgh on the 5, of this instant March, in answer to the Charge of high treason against him. Argyll, Archibald Campbell, Marquis of, 1598-1661.; Scotland. Parliament. 1661 (1661) Wing A3665A; ESTC R7454 3,840 8

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THE SPEECH AND PLEA Of Archibald Marquesse of ARGYLE To the Parliament of SCOTLAND At Edinburgh on the 5. of this instant March. In answer to the Charge of High Treason against him LONDON Printed by H. Lloyd and R. Vaughan for Thomas Iohnson at the Golden Key in St. Paul's Church-yard 1661. Edinburgh 5. March 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 the morrow His Lordship being removed after long debate it was refused and his Lordship being called in my Lord Chancellour told him it was refused and ordered his Lordship to produce his defence vvhereupon he spake as follovveth May it please your Grace MY Lord Chancellour This businesse is of very great concernment to me and not small in the preparation 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 obnoxious to I shall my Lord begin with the words of that godly king Iehosaphat that good King of Iudah after he was come back in peace to Ierusalem in his instructions to his Judges wherein he bad them take heed what they do for they judge not men but for the Lord who is with you in judgement 2 Chron. 19.17 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 those 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 ground 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 no certainty in the Mathematicks or morals for as Grotius has it The Mathematicks separate forms from matters as betwixt strait and crooked there is no midst but in Morals even the least circumstances vary the matter they are wont to have something betwixt them with such latitudes that the accesse is near sometime to this sometime to that extreme so that betwixt that which ought to be done and that which ought not to be done is interwoven that which may be done but is never Now to that other part whence ambiguity ariseth often the particular instances are so obvious to every understanding man that I need only to mention them Polybius My Lord makes much of his History depending upon these three Concllia Causae Eventus And there are likewise other three Tempus locus personae the change whereof makes that which is lawfull duty unlawfull and on the contrary so likewise in speaking or repeating words the adding or payring from them will quite alter the sense and meaning as also in wrighting the placing the Comma's or punctions will quite alter the sense This is my Lord another Maxim which I do not maintain 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 supreme law There is another Maxim which is not questioned by any and it is Necessity has no Law For even the Moral Law of God yeilds to it and Christs Disciples in Davids Example For this Seneca says Necessitie and humane imbecillitie breaks every Law 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 dispence with some formalities For Ravanella so much esteemed in matters of Scripture divideth necessity into absolute and hypothetick necessity and makes that of submitting to Powers of absolute necessity Iosephus also my Lord that famous Historian when he mentioned Davids 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 Power 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 arma silent Leges and it is well known that divers Laws in Scotland were ordain'd with consideration of times of War and times of Peace Another Maxim Ex duobus malis minimum eligendum est cum unum eorum nequit evitani says Arist. Cicero Quintilian cum diversa mala inter se comparantur eorum minimum locum boni occupat There is another Maxim No man's intention by the event of any action there being oftentimes so wide a difference betwixt the condition of the work and the intention of the worker Mans cause being only of Duty the event is the Lords I shall only adde another Maxim It cannot be admitted 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 Maxims My Lord I shall humbly tender some weighty considerations to your Lordships thoughts First Consideration is that there is different considerations of Subjects actions when their lawfull Magistrate is in the exercise of his Authority by himself or others lawfully constituted by him and when there is no KING in Israel Second is That there is a more different consideration bewixt 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 i● a difference betwixt Subjects actions even with the invading Usurper after 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 presenting and pleading them as Lawes Fourthly The actions of Subjects are to 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 Fifthly That there is likewise consideration to be had of the actions of such Subjects being still Prisoners upon demand under Articles to that purpose Sixtly It is to be considered likewise of 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