providential care for us his Majesties Subjects in preserving such a rich Blessing as his Sacred Majesty in whom the Happiness of these Nations is wrapt up under the safe Wings of his Divine Protection I may say Psal 56.2 even when the extravagant malice of men would have 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 Chancellor My Lord what can the Marquiss of Argyle say to the opposition at Stirling in anno 1648. The Marquiss replyed That he found my Lord Advocat endeavoured to bring him to debate the particulars which he hoped should be cleared at another more convenient time and waved answering the thing it self but insisted thus My Lord Chancellor 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 circumstantiat 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 Advocats your Lordship was pleased to allow me have not 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 my 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 Monro 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 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 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
safe until they had taken away his Majesties life at least you did know of the horrible and treasonable design of murthering his said Majesty and did most treasonably conceal and not reveal the same until after the said horrid deed was committed and so past prevention or remedy At which time in Anno 1649 publickly in face of the pretended Parliament then sitting you told that the Usurper Cromwel had told you That England and Scotland would never be at peace while the King were put to death By all which particulars respectively above rehearsed it is clearly evinced that you were and are Author Contriver Deviser Consulter Adviser or art and part of all the foresaid crimes of Treason and other above libelled or one other of them in manner above declared and thereby has incurred the pains and punishments of high Treason and others contained in the Laws and Acts of Parliament above written which ought and should be inflicted upon you with all Rigour in example to others in all time coming 31 January 1661. ORdered That the abovewritten Dittary be given to the Marquiss of Argile by a Herauld or Pursevant and he to answer thereto upon the eleventh Day of February next to come Edinburgh At the Parliament-House February 13. 1661. THe Marquess of Argyle being accused of High Treason at the instance of Sir John Fletcher his Majesties Advocat for his Interest was brought to the Bar His Lordship humbly desired but to speak a few words before read 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 Advocats give in to the Lords of the Articles desiring a precognition with many reasons urging the necessity 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 Marquess being put off his first thoughts was compelled to this extemporary Discourse following as it was faithfully collected from several Hands who writ when his Lordship spoke May it please your Grace MY Lord Chancellor 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 Mephibosheths answer to David after a great Rebellion and himself evil reported of saith he 2 Sam. 19.30 Yea let him take all for as much as my Lord the 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 Mereies 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 Indemnity granted to all his Majesties Subjects excepting some of the immediat Murderers of his Royal Father to eradicate any timorous Jealousies of his Majesties gracious 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 find 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 Practices 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 jointly 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 Acts 24.14 15 16. as I have my Lord Advocat Paul's was Heresie 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 patient 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 * * Sir Walter Raleighs Preface to to the History of the World writes says he As we see in experience That Dogs they always bark at them they know not and that it 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
a stroke nor power in the Parliament as is lybelled 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 Forefeitures of Bonds and accompted for any thing I could receive and to manifest yet furder that the burden of that Family was not from any extrinsick cause to themselves I have under the old Marquis his own hand and his Sons George Lord Gordon who was a very worthy young Nobleman the just Inventory of their Debts amounting to about one million of Merks 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 Marquis of Montrose 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 kown 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 Tennents 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 cauâ—ed immediatly 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 Overtouns and Reads and very near the number of one of Horse under the Command of one Blackamour were sent to Argyle and when Dean came there it pleased God to visit me with a great distemper of sicknes as Doctor Cunninghame 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 abolutely 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 continued 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 Superiors in Scotland It may be rationally presumed that I had been a very senseless 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 says I was too earnest in Yea it being absurdly derogative 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 adherence to the Crown at all occasions as the Records and Histories of this antient 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 Rumours spread abroad of Cromwels being made a King as some here present can witness 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 Governments Ruine and promote his Majesties just interest the more My Lord I shall not much blame my Lord Advocat 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 Mass of the common Clashes of the Country thereby to devise misconstructions of all the publick actings of both Parliaments and Comittees 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 days 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 and specially my faithful and loyal endeavours in restoring of his Sacred Majesty to the Crown of this his most Antient Kingdom of Scotland and the exercise of his Majesties Royal Authority therein with my cordial endeavours 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 Sovereign 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 possess his Majesty with so many superlative degrees of Excellency that will certainly exalt his Majesties Fame 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 Kindness and special
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 always undeniable but when there is no lawful Magistrat 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 Maxim 3 There is another Maxim which is not 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 Davids example For this Seneca sayes 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 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 forraign sword amongst you you must submit to them much more then to him who is your brother and one of your own Nation Maxim 4 There is another Maxim my Lord Inter 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 Maxim 5 Another Maxim Ex duobus malis minimum eligendum est cum unum eorum nequeunt evitari says Aristotle Cicero and Quintilian cum diversa mala inter se comparantur minimum eorum locum boni occupat Maxim 6 There is another Maxim No mans intention 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 Maxim 7 I shall only add another Maxim It cannot 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 Consider 1 The first Consideration is That there is different Considerations to be had of Subjects actions when their lawful Magistrat is in the exercise of his Authority by himself or others lawfully constituted by him and when there is no King in Israel Consider 2 The second is That there is a different Consideration betwixt the subjects actions when the lawful Magistrat is in the Nation and when he is put from it and so forced to leave the people to the prevalent power of a Forraign Sword and the Invader in possession of Authority Consider 3 Thirdly That there is 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 pressing and pleading them as Laws Consider 4 Fourthly The actions of Subjects are to be considered when assisting the lawful Magistrat to their power and never submitting to the invading Usurper until they were prisoners and could do no better Consider 5 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 Consider 6 Sixtly It is to be considered likewise of the actions of such a Subject who was particularly noticed and persecuted by the Invader for his affection to the lawful Magistrat and his Government Consider 7 Seventhly It is to be considered that there 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 Consider 8 Eightly It is to be considered that there hath ever been a favourable consideration had by any Prince of any person coming voluntarly and casting himself upon a Princes Clemency Consider 9 Ninthly It is to be considered that his 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 immediat 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 a perfect Vnity amongst themselves under his Majesties Protection which is hoped all your Lordships will concur in having so worthy a Pattern to follow And as these are his Majesties Inclinations exprest so it is suitable to the Arms he bears as King of Scotland which is the Lyon whose Motto is known to all Nobilis est ir a Leonis Parcere subjectis debellare superbos Which is to say To vanquish and subdue the Proud and spare such as are submissive of the which Number I am one And for that effect in all Humility present this humble Submission to his Majesty and your Grace my Lord Commissioner in his Majesties Name