and does hereby Dissolve it and from this time excuses your farther attendance here but with his repeated Thanks for your Service hitherto and with the assurance of his Satisfaction in you so far that he should not have parted with you but to make way for this new Constitution which he takes to be as to the Number and Choice the most proper and necessary for the uses he intends them And as most of you have Offices in his Service and all of you particular Shares in his Favour and good Opinion so he desires you will continue to exercise and deserve them with the same Diligence and good Affections that you have hitherto done and with confidence of his Majesty's Kindness to you and of those Testimonies you shall receive of it upon other occasions Therefore upon the present Dissolution of this Council his Majesty appoints and commands all those Officers he hath named to attend him here to morrow at Nine in the Morning as his Privy-Council together with those other Persons he designs to make up the number and to each of whom he has already signed particular Letters to that purpose and commands the Lord Chancellor to see them issued out accordingly which is the Form he intends to use and that hereafter they shall be signed in Council so that nothing may be done unadvisedly in the Choice of any Person to a Charge of so great Dignity and Importance to the Kingdom Names of the Lords of His Majesty's most Honourable Privy-Council HIS Highness Prince Rupert William Lord Archbishop of Canterbury Heneage Lord Finch Lord Chancellor of England Anthony Earl of Shaftsbury Lord President of the Council Arthur Earl of Anglesey Lord Privy-Seal Christopher Duke of Albemarle James Duke of Monmouth Master of the Horse Henry Duke of Newcastle John Duke of Lauderdale Secretary of State for Scotland James Duke of Ormond Lord Steward of the Houshold Charles Lord Marquess of Winchester Henry Lord Marquess of Worcester Henry Earl of Arlington Lord Chamberlain of the Houshold James Earl of Salisbury John Earl of Bridgewater Robert Earl of Sunderland one of his Majesty's Principal Secretaries of State Arthur Earl of Essex first Lord Commissioner of the Treasury John Earl of Bath Groom of the Stole Thomas Lord Viscount Falconberg George Lord Viscount Hallifax Henry Lord Bishop of London John Lord Roberts Denzil Lord Holles William Lord Russel William Lord Cavendish Henry Coventry Esq one of his Majesty's Principal Secretaries of State Sir Francis North Knight Lord Chief Justice of the Common Pleas. Sir Henry Capell Knight of the Bath first Commissioner of the Admiralty Sir John Ernle Knight Chancellor of the Exchequer Sir Thomas Chicheley Knight Master of the Ordnance Sir William Temple Baronet Edward Seymour Esquire Henry Powle Esquire Whitehall April 11. 1679. HIS Majesty being this day in Council did cause such of the aforementioned Lords and others who were then present to be Sworn Privy-Counsellors which being done they took their places accordingly His Majesty was also pleased to declare that he intended to make Sir Henry Capell Knight of the Bath Daniel Finch Esquire Baronets Sir Thomas Lee Sir Humphrey Winch Sir Thomas Meers Edward Vaughan and Edward Hales Esquires Commmissioners for the Execution of the Office of Lord High Admiral of England And his Majesty being afterwards come into the House of Peers in his Royal Robes and the House of Commons attending his Majesty was pleased to make this Speech My Lords and Gentlemen I Thought it requisite to acquaint you with what I have done now this day which is That I have Established a new Privy-Council the Constant number of which shall never exceed Thirty I have made choice of such Persons as are Worthy and able to Advise Me and am Resolved in all My Weighty and Important Affairs next to the Advice of my Great Council in Parliament which I shall very often Consult with to be Advised by this Privy-Council I could not make so great a Change without acquainting both Houses of Parliament And I desire you all to apply your selves heartily as I shall do to those things which are necessary for the good and safety of the Kingdom and that no time may be lost in it The Message from the King by Mr. Secretary Jenkins to the Commons on the 9th of November 1680. CHARLES R. HIs Majesty desires this House as well for the satisfaction of His People as of Himself to expedite such Matters as are depending before them relating to Popery and the Plot and would have them rest assured That all Remedies they can tender to his Majesty conducing to those Ends shall be very acceptable to him Provided they be such as may consist with preserving the Succession of the Crown in its due and legal course of Descent The Address to his Majesty from the Commons Saturday November 13. 1680. May it please your most Excellent Majesty WE Your Majesty's most Loyal and Obedient Subjects the Commons in this Present Parliament assembled having taken into our most serious Consideration Your Majesty's Gracious Message brought unto us the ninth day of this instant November by Mr. Secretary Jenkins do with all thankfulness acknowledge Your Majesty's Care and Goodness in inviting us to expedite such Matters as are depending before us relating to Popery and the Plot. And we do in all Humility represent to Your Majesty that we are fully convinced that it is highly incumbent upon us in discharge both of our Duty to Your Majesty and of that great Trust reposed in us by those whom we represent to endeavour by the most speedy and effectual ways the Suppression of Popery within this Your Kingdom and the bringing to publick Justice all such as shall be found Guilty of the Horrid and Damnable Popish Plot. And though the Time of our Sitting abating what must necessarily be spent in the choosing and presenting a Speaker appointing Grand Committees and in taking the Oaths and Tests enjoyned by Act of Parliament hath not much exceeded a Fortnight yet we have in this Time not only made a considerable Progress in some things which to us seem and when presented to Your Majesty in a Parliamentary way will we trust appear to Your Majesty to be absolutely necessary for the Safety of Your Majesties Person the effectual Suppression of Popery and the Security of the Religion Lives and Estates of Your Majesties Protestant Subjects But even in relation to the Tryals of the Five Lords impeached in Parliament for the Execrable Popish Plot we have so far proceeded as we doubt not but in a short time we shall be ready for the same But we cannot without being unfaithful to Your Majesty and to our Country by whom we are entrusted omit upon this occasion humbly to inform Your Majesty that our Difficulties even as to these Tryals are much encreased by the evil and destructive Councels of those Persons who advised Your Majesty first to the Prorogation and then to the Dissolution of the last
committed and also their Issues being any way assenting or privy to the same and all their Aiders Comforters and Abettors in that behalf And to the end that the intention of this Law may be effectually Executed if Her Majesties Life shall be taken away by any violent or unnatural means which God defend Be it further Enacted by the Authority aforesaid That the Lords and others which shall be of Her Majesties Privy Council at the time of such Her Decease or the more part of the same Council joyning unto them for their better Assistance five other Earls and seven other Lords of Parliament at the least foreseeing that none of the said Earls Lords or Council be known to be persons that may make any Title to the Crown those persons which were Chief Justices of either Bench Master of the Rolls and Chief Baron of the Exchequer at the time of Her Majesties Death or in Default of the said Justices Master of the Rolls and Chief Baron some other of those which were Justices of some of the Courts of Records at Westminster at the time of Her Highness Decease to supply their Places or any Four and twenty or more of them whereof Eight to be Lords of the Parliament not being of the Privy Council shall to the uttermost of their Power and Skill examine the cause and manner of such Her Majesties Death and what persons shall be any way Guilty thereof and all Circumstances concerning the same according to the true meaning of this Act and thereupon shall by open Proclamation publish the same and without any delay by all forcible and possible means prosecute to Death all their Aiders and Abettors And for the doing thertof and for the withstanding and suppressing of all such Power and Force as shall any way be levied or stirred in Disturbance of the due Execution of this Law shall by virtue of this Act have Power and Authority not only to raise and use such Forces as shall in that behalf be needful and convenient but also to use all other means and things possible and necessary for the maintenance of the same Forces and prosecution of the said Offenders And if any such Power and Force shall be levied or stirred in Disturbance of the due Execution of this Law by any person that shall or may pretend any Title to the Crown of this Realm whereby this Law may not in all things be fully Executed according to the effect and true meaning of the same That then every such person shall by virtue of this Act be therefore excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any other Her Highness Dominions any former Law or Statute whatsoever to the contrary notwithstanding And be it further Enacted by the Authority aforesaid and all and every the Subjects of all Her Majesties Realms and Dominions shall to the uttermost of their Power aid and assist the said Councel and all other the Lords and other Persons to be adjoyned to them for Assistance as is aforesaid in all things to be done and executed according to the effect and intention of this Law And that no Subject of this Realm shall in any wise be impeached in Body Lands or Goods at any time hereafter for any thing to be done or executed according to the Tenour of the Law any Law or Statute heretofore made to the contrary in any wise notwithstanding And whereas of late many of Her Majesties good and faithful Subjects have in the Name of God and with the Testimonies of good Consciences by one Uniform manner of Writing under their Hands land Seals and by their several Oaths voluntarily taken joyned themselves together in one Bond and Association to withstand and revenge to the uttermost all such malicious Actions and Attempts against Her Majesties most Royal Person Now for the full Explaining of all such Ambiguities and Questions as otherwise might happen to grow by reason of any sinister or wrong Construction or Interpretation to be made or inferred of or upon the words or meaning thereof Be it Declared and Enacted by the Authority of this present Parliament That the same Association and every Article and Sentence therein contained as well concerning the Disallowing Excluding or Disabling any Person that may or shall pretend any Title to come to the Crown of this Realm as also for the pursuing and taking Revenge of any person for any such wicked Act or Attempt as is mentioned in the same Association shall and ought to be in all things expounded and adjudged according to the true intent and meaning of this Act and not otherwise nor against any other person or persons A Word without Doors concerning the BILL for SUCCESSION SIR I AM very sensible of the great Honour you were pleas'd to do me in your last which I received immediately after our late unhappy Dissolution but could have wished you would have laid your Commands on some more able Person to have given you Satisfaction in the matter you there propose relating to the Duke who you seem to insinuate was like if the Parliament had continued to have received hard measure I must ingeniously confess to you I was not long since perfectly of your Opinion and thought it the highest Injustice imaginable for any Prince to be debar'd of his Native Right of Succession upon any pretence whatsoever But upon a more mature Deliberation and Enquiry I found my Error proceeded principally from the falso Notions I had took up of Government it self and from my Ignorance of the Practiâ—â—â— of all Communities of Men in all Ages whenever Self-preservation and Necessity of their Affairs obliged them to declare their Opinion in Cases of the like Nature To the knowledge of all which the following Accident I shall relate to you did very much contribute My Occasions obliging me one day to attend the coming of a Friend in a Coffee-house near Charing-Cross there happened to sit at the same Table with me Two Ingenious Gentlemen who according to the Frankness of Conversation now used in the Town began a Discourse on the same Subject you desire to be more particularly informed in and having Extolled the late House of Commons as the best number of Men that had ever sate within those Walls and that no House had ever more vigorously maintained and asserted English Liberty and Protestant Religion than they had done as far as the nature of the things that came before them and the Circumstances of time would admit to all which I very readily and heartily assented they then added That the great Wisdom and Zeal of that House had appeared in nothing more than in Ordering a Bill to be brought in for debarring the Duke of Y. from inheriting the Crown A Law they affirmed to be the most just and reasonable in the World and the only proper Remedy to establish this Nation on a true and solid Interest both Relation to the present
of that Town 2. Your Subjects are sometimes upon slight and sometimes upon no grounds imprisoned and often kept Prisoners many Months and years nothing being objected to them and are required to enter themselves Prisoners which is contrary to Law It was in the former Article expressed that many of these Persons declared incapable of publick Trust did also suffer Imprisonment and besides these instances Lieutenant General Drummond whose eminent Loyalty and great Services are well known to your Majesty was required to enter himself Prisoner in the Castle of Dunbarton where he was kept one year and a half and was made a close Prisoner for nine months of that time and yet nothing was ever objected to him to this day to justifie that Usage The Lord Cardross was for his Ladies keeping two Conventicles in her own House at which he was not present fined 110 l. and hath now been kept prisoner four years in the Castle of Edenburg where he still remains although he hath often petitioned for his Liberty and Sir Patrick Holme hath been now a second time almost one year and nothing is yet laid to his charge Besides these illegal Imprisonments the Officers of your Majesties Forces frequently carry Warrants with them for apprehending persons that are under no legal Censure nor have been so much as cited to appear which hath put many of your Subjects under great fears especially upon what was done in Council three years ago Captain Carstairs a man now well enough known to your Majesty did intrap one Kirkton an outed Minister into his Chamber at Edenburgh and did violently abuse him and designed to have extorted some money from him The noise of this coming to the Ears of one Baily Brother-in-law to the said Kirkton he came to the house and hearing him cry Murder Murder forced open the Chamber door where he found his Brother-in-law and the Captain grapling the Captain pretended to have a Warrant against Kirkton and Baily desired him to shew it and promised that all obedience should be given to it But the Captain refusing to do it Kirkton was rescued This was only delivering a man from the hands of a Robber which Nature obligeth all men to do especially when joyned with so near a Relation The Captain complained of this to the Council and the Lord Hatton with others were appointed to examine the Witnesses And when it was brought before the Council the Duke of Hamilton Earls of Mereton Dumfrize and Kinkarden the Lord Cocheren and Sir Archibald Primrose then Lord Register desired that the Report of the Examination might be read but that not serving their ends was denyed And thereupon those Lords delivered their Opinion that fithence Carstares did not shew any Warrant nor was cloathed with any publick Character it was no opposing of your Majesties Authority in Baily so to rescue the said Kirkton yet Baily was for this fined in 6000. Marks and kept long a Prisoner Those Lords were upon that so represented to your Majesty that by the Duke of Lauderdale's procurement they were turned out of the Council and all command of the Militia And it can be made appear that the Captain had at that time no Warrant at all against Kirkton but procured it after the Violence committed And it was ante-dated on design to serve a turn at that time This manner of Proceedings hath ever since put your subjects under sad apprehensions There is one particular further offered to your Majesties consideration concerning their way of using Prisoners There were 14 men taken at a Field Conventicle who without being legally Convict of that or any other crimes were secretly and in the night taken out of Prison upon a Warrant signed by the Earl of Lynlythgo and the Lord Hatton and Collington and were delivered to Captain Maytland who had been Page to the Duke of Lauderdale but was then a French Officer and was making his Levies in Scotland and were carryed over to the service of the French King in the year 1676. 3. The Council hath upon many occasions proceeded to most unreasonable and Arbitrary Fines either for slight offences or for offences where the Fine is regulated by Law which they have never considered when the persons were not acceptable to them So the Lord Cardross was Fined in 1111 l. for his Ladies keeping two Conventicles in his house and Christning a Child by an outed Minister without his knowledge The Provost formerly mentioned and Baily with many more were also fined without any regard to Law The Council hath at several times proceeded to the taking of Gentlemens Dwelling-houses from them and putting Garrisons in them which in time of peace is contrary to Law In the year 75. It was designed against twelve of your Majesties Subjects and was put in Execution in the houses of the Earl of Calender the Lord Cardrosse the Lady Lumsden c. and was again attempted in the year 78. the Houses belonging to the Leirds of Cosnock Blagan and Rowal and were possessed by Souldiers and declared Garrisons Nor did it rest there but Orders were sent from the Council requiring the Countries about those Houses to furnish them for the Souldiers use and to supply them with necessaries much contrary to Law It was against this that Sir Patrick Holme came to desire a remedy and common Justice being denied him he used a legal Protestation in the ordinary Form of Law and was thereupon kept for many Months a Prisoner and declared incapable of all publick trust c. There is another particular which because it is so odious is unwillingly touched yet it is necessary to inform your Majesty about it for thereby it will appear that the Duke of Lauderdale and his Brother have in a most solemn manner broken the publick faith that was given in your Majesties name One Mitchel being put in Prison upon great suspicion of his having attempted to murder the late Arch Bishop of St. Andrews and there being no Evidence against him Warrant was given by the Duke of Lauderdale then your Majesties Commissioner and your Council to promise him his life if he would confess Whereupon he did confess and yet some years after that person who indeed deserved many deaths if there had been any other Evidence against him was upon that confession convicted of the Crime and the Duke of Lauderdale and his Brother being put to it by him did swear that they never gave or knew of any assurance of life given him And when it was objected that the promise was upon Record in the Council books the Duke of Lauderdale did in open Court where he was present only as a Witness and so ought to have been silent threaten them if they should proceed to the Examination of that Act of Council which as he then said might infer perjury on them that swore and so did cut off the proof of that defence which had been admitted by the Court as good in Law and sufficient to save the Prisoner if
being accompanied with several other Lords at the Delivery thereof thus expressed himself The Earl of Essex's Speech at the Delivering the following Petition to His most Sacred Majesty Jan. 25. 1680. May it please your Majesty THe Lords here present together with divers other Peers of the Realm taking notice that by Your late Proclamation Your Majesty has declared an intention of calling a Parliament at Oxford and observing from History and Records how unfortunate many Assemblies have been when called at a Place remote from the Capital City as particularly the Congress in Henry the Second's time at Clarendon Three several Parliaments at Oxford in Henry the Third's time and at Coventry in Henry the Sixth's time With divers others which have proved very fatal to those Kings and have been followed with great mischief on the whole Kingdom And considering the present posture of affairs the many jealousies and discontents which are amongst the People We have great Cause to apprehend that the consequences of a Parliament now at Oxford may be as fatal to Your Majesty and the Nation as those others mentioned have been to the then Reigning Kings and therefore we do conceive that we cannot answer it to God to Your Majesty or to the People If we being Peers of the Realm should not on so Important an Occasion humbly offer our advice to Your Majesty that if possible Your Majesty may be prevailed with to alter this as we apprehend unseasonable Resolution The Grounds and Reasons of our Opinion are contained in this our Petition which We humbly Present to Your Majesty To the King 's most Excellent Majesty The Humble Petition and Advice of the Lords under-named Peers of the Realm Humbly Sheweth THat whereas Your Majesty hath been pleased by divers Speeches and Messages to Your Houses of Parliament rightly to represent to them the Dangers that Threatned Your Majesty's Person and the whole Kingdom from the Mischievous and wicked Plots of the Papists and the sudden Growth of a Foreign Power unto which no stop or remedy could be Provided unless it were by Parliament and an Union of Your Majesty's Protestant Subjects in one Mind and one Interest And the Lord Chancellor in Pursuance of Your Majesty's Commands having more at large Demonstrated the said Dangers to be as great as we in the midst of our Fears could Imagine them and so pressing that our Liberties Religion Lives and the whole Kingdom would be certainly Lost if a speedy Provision were not made against them And Your Majesty on the 21st of April 1679. Having called unto your Council many Honourable and Worthy Persons and declared to them and the whole Kingdom That being sensible of the evil Effects of a single Ministry or private Advice or Forreign Committee for the General Direction of your Affairs Your Majesty would for the future Refer all things unto that Council and by the constant Advice of them together with the frequent use of your great Council the Parliament Your Majesty was hereafter Resolved to Govern the Kingdoms We began to hope we should see an end of our Miseries But to our unspeakable Grief and Sorrow we soon found our Expectations Frustrated The Parliament then subsisting was Prorogued and Dissolved before it could perfect what was intended for our Relief and Security and though another was thereupon called yet by many Prorogations it was put off till the 21st of October past and notwithstanding Your Majesty was then again pleased to acknowledge that neither Your Person nor Your Kingdom could be safe till the matter of the Plot was gone thorow It was unexpectedly Prorogued on the 10th of this Month before any sufficient Order could be taken therein all their Just and Pious Endeavours to save the Nation were overthrown the good Bills they had been Industriously preparing to Unite all Your Majesties Protestant Subjects brought to nought The discovery of the Irish Plot stifled The Witnesses that came in frequently more fully to declare That both of England and Ireland discouraged Those Forreign Kingdoms and States who by a happy conjunction with us might give a Check to the French Power disheartned even to such a Despair of their own Security against the growing greatness of that Monarch as we fear may induce them to take new Resolutions and perhaps such as may be fatal to us The Strength and Courage of our Enemies both at home and abroad increased and our selves left in the utmost danger of seeing our Country brought into utter Desolation In these Extremities we had nothing under God to comfort us but the Hopes that Your Majesty being touched with the Groans of Your perishing People would have suffered Your Parliament to meet at the Day unto which it was Prorogued and that no further interruption should have been given to their Proceedings in Order to their saving of the Nation But that failed us too For then we heard that Your Majesty by the private suggestion of some Wicked Persons Favourers of Popery Promoters of French Designs and Enemies to Your Majesty and the Kingdom without the Advice and as we have good Reason to believe against the Opinion even of Your Privy-Council had been prevailed with to Dissolve it and to call another to meet at Oxford where neither Lords nor Commons can be in Safety but will be daily exposed to the Sword of the Papists and their Adherents of whom too many are crept into Your Majesties Guards The Liberty of speaking according to their Consciences will be thereby Destroyed and the Validity of all their Acts and Proceedings consisting in it left Disputable The Straitness of the Place no way admits of such a concourse of Persons as now follows every Parliament the Witnesses which are necessary to give Evidence against the Popish Lords such Judges or others whom the Commons have Impeached or had resolved to Impeach can neither bear the Charge of going thither nor trust themselves under the Protection of a Parliament that is it self Evidently under the power of Guards and Soldiers The Premises considered We Your Majesties Petitioners out of a Just Abhorrence of such a dangerous and pernicious Council which the Authors have not dared to avow and the direful Apprehensions of the Calamities and Miseries that may ensue thereupon do make it our most Humble Prayer and Advice That the Parliament may not sit at a Place where it will not be able to Act with that Freedom which is necessary and especially to give unto their Acts and Proceedings that Authority which they ought to have amongst the People and have ever had unless Impaired by some Awe upon them of which there wants not Precedents And that Your Majesty would be graciously pleased to Order It to Sit at Westminster it being the usual Place and where they may Consult and Act with Safety and Freedom And your Petitioness shall ever Pray c. Monmouth Kent Huntington Bedford Salisbury Clare Stanford Essex Shaftsbury Mordant Evers Paget Grey Herbert Howard Delamer The Counties
in the Statutes exprest We also order the before-recited Books to be publickly burnt by the hand of our Marshal in the Court of our Schools Likewise we order that in perpetual memory hereof these our Decrees shall be entered into the Registry of our Convocation and that Copies of them being communicated to the several Colleges and Halls within this University they be there publickly affixt in the Libraries Refectories or other fit Places where they may be seen and read of all Lastly We command and strictly enjoyn all and singular Readers Tutors Catechists and others to whom the care and trust of Institution of Youth is committed that they diligently instruct and ground their Scholars in that most necessary Doctrine which in a manner is the Badge and Character of the Church of England of submitting to every Ordinance of Man for the Lord's sake whether it be to the King as Supreme or unto Governors as unto them that are sent by him for the Punishment of evil doers and for the Praise of them that do well Teaching that this Submission and Obedience is to be clear absolute and without exception of any state or order of Men Also that all Supplications Prayers Intercessions and giving of Thanks be made for all Men for the King and all that are in Authority that we may lead a quiet and peaceable life in all Godliness and Honesty for this is good and acceptable in the sight of God our Saviour And in especial manner that they press and oblige them humbly to offer their most ardent and daily Prayers at the Throne of Grace for the preservation of our Soveraign Lord King Charles from the attempts of open Violence and secret Machinations of perfidious Traitors That he the Defender of the Faith being safe under the defence of the most High may continue his Reign on Earth till he exchange it for that of a late and happy Immortality The Case of the Earl of Argyle Or an exact and full Account of his Trial Escape and Sentence As likewise a Relation of several Matter of Fact for better clearing of the said Case Edinburgh 30. May 1682. SIR THE Case of the late Earl of Argyle which even before the Process led against him you was earnest to know was at first I thought so plain that I needed not and grew afterwards so exceedingly mysterious that I could not for some time give you so perfect an account of it as I wished But this time being still no less proper the exactness of my Narrative will I hope excuse all delays The design against him being now so clear and the grounds founded on so slender that to satisfie all unbyass'd Persons of his Integrity there needs no more but barely to represent matter of Fact I should think shame to spend so many words either on arguments or relation were it not lest to strangers some mystery might still be suspected to remain concealed And therefore to make plain what they can hardly believe though we we clearly see it At His Royal Highness arrival in Scotland the Earl was one of the first to wait upon him and until the meeting of our last Parliament the World believed the Earl was as much in his Highness favour as any intrusted in His Majesties affairs in this Kingdom When it was resolved and His Majesty moved to call the Parliament the Earl was in the Country and at the opening of it he appeared as forward as any in His Majesties and his Highness service but it had not sat many days when a change was noticed in his Highness and the Earl observed to decline in his Highness favour In the beginning of the Parliament the Earl was appointed one of the Lords of the Articles to prepare matters for the Parliament and named by his Highness to be one of a Committee of the Articles for Religion which by the custom of all Scots Parliaments and His Majesties instructions to his Commissioner at this time was the first thing treated of In this Committee there was an Act prepared for securing the Protestant Religion which Act did ratifie the Act approving the Confession of Faith and also the Act containing the Coronation Oath appointed by several standing Acts of Parliament to be taken by all our Kings and Regents before their entry to the exercise of the Government This Act was drawn somewhat less binding upon the Successor as to his own profession but full as strictly tying him to maintain the Protestant Religion in the publick profession thereof and to put the Laws concerning it in execution and also appointing a further Test beside the former to exclude Papists from places of publick trust and because the fines of such as should act without taking the Test appeared no better then discharged if falling in the hands of a Popish Successor and some accounting any limitation worse than an exclusion and all being content to put no limitation on the Crown so it might consist with the safety and security of the Protestant Religion it was ordained that all such fines and forfaultures should appertain the one half to the informers and the other half should be bestowed on pious uses according to certain Rules expressed in the Act. But this Act being no wise pleasing to some it was laid aside and the Committee discharged any more to meet and instead of this Act there was brought in to the Parliament at the same time with the Act of Succession a short Act ratifying all former Acts made for the security of the Protestant Religion which is the first of the printed Acts of this Parliament At the passing of this Act the Earl proposed that these words And all Acts against Popery might be added which was opposed by the Advocate and some of the Clergy as unnecessary but the motion being seconded by Sir George Lockhart and the then President of the Session now turned out it was yielded to and added without a Vote and this Act being still not thought sufficient and several Members desiring other additions and other Acts a promise was made by his Royal Highness in open Parliament that time and opportunity should be given to bring in any other Act which should be thought necessary for further securing the Protestant Religion But though several persons both before and after passing the Act for the Test here subjoyned did give in memorials and overtures yet they were never suffered to be read either in Articles 〈◊〉 Parliament but in place of all this Act for the Test was still obtruded and nothing of that nature suffered to be heard after once that Act past though even at passing it the promise was renewed As for the Test it was first brought into the Parliament without mentioning the Confession of Faith and after several hours debate for adding the Confession of Faith and many other additions and alterations it was past at the first presenting albeit it was earnestly prest by near half the Parliament that it might be delayed till
those vast Lands Jurisdictions and Superiorities justly forfaulted to His Majesty by the Crimes of your deceased Father preferring your Family to those who had served His Majesty against it in the late Rebellion but also pardoned and remitted to you the Crimes of Leasing-making and misconstruing His Majesties and his Parliaments proceedings against the very Laws above-written whereof you were found guilty and condemned to die therefore by the High Court of Parliament the 25th of August 1662. and raised you to the Title and Dignity of an Earl and being a Member of all His Majesties Judicatures Notwithstanding of all these and many other favours you the said Archibald Earl of Argyle being put by the Lords of His Majesties Privy-Council to take the Test appointed by the Act of the last Parliament to be taken by all persons in publick Trust you instead of taking the said Test and swearing the same in the plain genuine sense and meaning of the words without any equivocation mental reservation or evasion whatsoever you did declare against and defame the said Act and having to the end you might corrupt others by your pernicious sense drawn the same in a Libel of which Libel you dispersed and gave abroad Copies whereby ill impressions were given of the King and Parliaments proceedings at a time especially when His Majesties Subjects were expecting what submission should be given to the said Test and being desired the next day to take the same as one of the Commissioners of His Majesties Treasury you did give into the Lords of His Majesties Privy-Council and owned twice in plain judgment before them the said defamatory Libel against the said Test and Act of Parliament declaring That you had considered the said Test and was desirous to give obedience as far as you could whereby you clearly insinuated that you was not able to give full obedience In the second Article of which Libel you declare That you were confident the Parliament never intended to impose contradictory Oaths thereby to abuse the people with a belief that the Parliament had been so impious as really and actually to have imposed contradictory Oaths and so ridiculous as to have made an Act of Parliament which should be most deliberate of all humane actions quite contrary to their own intentions after which you subsumed contrary to the nature of all Oaths and to the Acts of Parliament above cited that every man must explain it for himself and take it in his own sense by which not only that excellent Law and the Oath therein specified which is intended to be a Fence to the Government both of Church and State but all other Oaths and Laws shall be rendered altogether useless to the Government If every man take the Oaths imposed by Law in his own sense then the Oath imposed is to no purpose for the Legislator cannot be sure that the Oath imposed by him will bind the takers according to the design and intent for which he appointed it and the Legislative Power is taken from the Imposers and settled in the taker of the Oath and so he is allowed to be the Legislator which is not only an open and violent depraving of His Majesties Laws and Acts of Parliament but is likewise a settling of the Legislative Power on private Subjects who are to take such Oaths In the third Article of that Paper you declare That you take the Test in so far only as it is consistent with it self and the Protestant Religion by which you maliciously intimate to the people That the said Oath is inconsistent with it self and with the Protestant Religion which is not only a down right depraving of the said Act of Parliament but is likewise a misconstruing of His Majesties and the Parliaments proceedings and misrepresenting them to the people in the highest degree and in the tenderest points they can be concerned and implying that the King and Parliament have done things inconsistent with the Protestant Religion for securing of which that Test was particularly intended In the Fourth Article you do expresly declare that you mean not by taking the said Test to bind up your self from wishing and endeavouring any alteration in a lawful way that you shall think fit for advancing of Church and State whereby also it was designed by the said Act of Parliament and Oath That no man should make any alteration in the Government of Church and State as it is now established and that it is the Duty of all good Subjects in humble and quiet manner to obey the present Government Yet you not only declare your self but by your example you invite others to think themselves loosed from that Obligation and that it is free for them to make any alteration in either as they shall think fit concluding your whole Paper with these words And this I understand as a part of my Oath which is a treasonable invasion upon the Royal Legislative Power as if it were lawful for you to make to your self an Act of Parliament since he who can make any part of an Act may make the whole the Power and Authority in both being the same Of the which Crimes above mentioned you the said Archibald Earl of Argyle are Actor Art and Part which being found by the Assize you ought to be punished with the pains of Death fortâ—ulture and escheat of Lands and Goods to the terror of others to commit the like hereafter An Abstract of the several Acts of Parliament upon which the Indictment against the Earl of Argyle was grounded Concerning raisers of Rumours betwixt the King and his people Chap. 20.1 Statutes of King Robert 1. IT is defended and forbidden That no man be a Conspirator or Inventer of Narrations or Rumours by the which occasion of discord may arise betwixt the King and his people And if any such man shall be found and attainted thereof incontinent be shall be taken and put in Prison and there shall be surely keeped up ay and while the King declare his will anent him Act 43. of Par. 2. King James 1. March 11. 1424. Leasing-makers forfault Life and Goods ITem It is ordained by the King and whole Parliament that all Leasingmakers and tellers of them which may engender discord betwixt the King and his people wherever they may be gotten shall be challenged by them that power has and ryne Lâ—â—e and Goods to the King Act 83. Par. 6. James 5. Dec. 10. 1540. Of Leasing-makers ITem Touching the Article of Leasing-makers to the Kings Grace of his Barons great men and Leiges and for punishment to be put to them therefore the Kings Grace with advice of his three Estates ratifies and approves the Acts and Statutes made thereupon before and ordains the same to be put in execution in all points and also Statutes and ordains That if any manner of person makes any evil Information of his Highness to his Barons and Leiges that they shall be punished in such manner and by the same punishment as
to have introduced some Innovation there anent His Majesties firm will and mind always being as it is yet That the Honour Authority and Dignity of his said three Estates shall stand and continue in their own Integrity according to the ancient and laudable custom bygone without any alteration or diminution Therefore it is statuted and ordained by our said Soveraign Lord and his said three Estates in this present Parliament That none of his Leiges or Subjects presume or take upon hand to impugn the Dignity and Authority of the said three Estates or to seek or procure the innovation or diminution of the Power and Authority of the same three Estates or any of them in time coming under the pain of Treason The Earl of Argyle 's first Petition for Advocates or Council to be allowed him To his Royal Highness His Majesties High Commissioner and to the Right Honourable the Lords of His Majesties Privy-Council The Humble Petition of Archibald Earl of Argyle SHEWETH THat your Petitioner being Criminally Indicted before the Lords Commissioners of Justitiary at the instance of His Majesties Advocate for Crimes of an high Nature And whereas in this Case no Advocate will readily plead for the Petitioner unless they have your Royal Highness's and Lordships Special License and Warrant to that effect which is usual in the like Cases It is therefore humbly desired that Your Royal Highness and Lordships would give special Order and Warrant to Sir George Lockhart his ordinary Advocate to consult and plead for him in the foresaid Criminal Process without incurring any hazard upon that account and your Petitioner shall ever pray Edinburgh Novemb. 22. 1681. The Councils Answer to the Earl of Argyl's first Petition about his having Advocates allowed him HIS Royal Highness his Majesties High Commissioner and Lords of Privy-Council do refuse the desire of the above-written Bill but allows any Lawyers the Petitioners shall employ to consult and plead for him in the Process of Treason and other Crimes to be pursued against him at the instance of His Majesties Advocate Extr. By me Will. Paterson The Earl of Argyl's second Petition for Council to be allowed him To His Royal Highness His Majesties High Commissioner and to the Right Honourable the Lords of His Majesties Privy-Council The humble Petition of Archibald Earl of Argyle SHEWETH THat your Petitioner having given in a former Petition humbly representing That he being Criminally Indicted before the Lords Commissioners of Justitiary at the instance of His Majesties Advocate for Crimes of an high Nature And therefore desiring that Your Royal Highness and Lordships would give special Warrant to Sir George Lockbart to consult and plead for him Whereupon your Royal Highness and Lordships did allow the Petitioner to make use of such Advocates as he should think fit to call Accordingly your Petitioner having desired Sir George Lockhart to consult and plead for him he hath as yet refused your Petitioner And by the 11. Patliament of King James the VI. Cap. 38. As it is the undeniable priviledge of all Subjects accused for any Crimes to have liberty to provide themselves of Advocates to defend their Lives Honour and Lands against whatsoever accusation so the same Priviledge is not only by Parliament 11. King James the VI. Cap. 90. Farther asserted and confirmed but also it is declared That in case the Advocates refuse the Judges are to compel them least the party accused should be prejudged And this being an affair of great importance to your Petitioner and Sir George Lockhart having been not only still his ordinary Advocate but also by his constant converse with him is best known to your Petitioners Principles and of whose eminent abilities and fidelity your Petitioner as many others have hath had special proof all along in his Concerns and hath such singular confidence in him that he is most necessary to your Petitioner at this occasion May it therefore please Your Royal Highness and Lordships to interpose your Authority by giving a special Order and Warrant to the said Sir George Lockhart to consult and and plead for him in the said Criminal Process conform to the tenor of the said Acts of Parliament and constant known practice in the like Cases which was never refused to any Subject of the meanest quality even to the greatest Criminals And your Royal Highness's and Lordships Answer is humbly craved Edinburgh Novemb. 24. 1681. The Councils Answer to the Earl of Argyle 's second Petition HIS Royal Highness His Majesties High Commissioner and Lords of Privy Council having considered the foresaid Petition do adhere to their former Order allowing Advocates to appear for the Petitioner in the Process foresaid Extr. By me Will. Paterson The Earl of Argyle 's Letter of Attorney constituting Alexander Dunbar his Procurator for requiring Sir George Lockhart to plead for him WE Archibald Earl of Argyle do hereby substitute constitute and ordain Alexander Dunbar our Servitor to be our Procurator to pass and require Sir George Lockhart Advicate to consult and plead for us in the Criminal Process intended against us at the instance of His Majestics Advocate and to compear with us before the Lords Commissioners of Justitiary upon the 12th of December next conform to an Act of Council dated the 22d of Novemb. instant allowing any Lawyers that we should employ to consult and plead for us in the said Process and to another Act of Council of the 24th of Novemb. instant relative to the former and conform to the Acts of Parliament In witness whereof we have Subscribed these presents at Edinburgh-Castle Nov. 26. 1681. before these Witnesses Duncan Camphell Servitor to James Glen Stationer in Edinburgh and John Thom Merchant in the said Burgh ARGYLE Witnesses Duncan Camphell John Thom Witnesses An Instrument whereby the Earl of Argyle required Sir George Lockhart to appear and plead for him Apud Edenburgum vigesimo sexto die Mensis Novembris Anno Domini millesimosex centesimo octuagesimo primo Anno Regni Car. 2. Regis trigesimo tertio THE which day in presence of me Notar publick and Witnesses under subscribed compeared personally Alexander Dunbar Servitor to a Noble Earl Archibald Earl of Argyle as Procurator and in name of the said Earl conform to a Procuration subscribed by the said Earl at the Castle of Edinburgh upon the twenty first day of November 1681. making and constituting the said Alexander Dunbar his Procurator to the effect under-written and past to the personal presence of Sir George Lockhart Advocate in his own Lodging in Edinburgh having and holding in his hands an Act of His Majesties Privy Council of the date the 22d of November 1681. instant proceeding upon a Petition given in by the said Earl of Argyle to the said Lords shewing That he being Criminally Indicted before the Lords Commissioners of Justitiary at the instance of His Majesties Advocate for Crimes of an high Nature and whereas in that Case no Advocates would readily plead for the said
Earl unless they had his Royal Highness's and their Lordships special License and Warrant to that effect which is usual in the like Cases And by the said Petition humbly supplicated that his Highness and the Council would give special Order and Command to the said Sir George Lockhart the said Earls ordinary Advocate to consult and plead for him in the foresaid Criminal Process without incurring any hazard upon that account His Royal Highness and Lords of the said Privy Council did refuse the desire of the said Petition but allowed any Lawyers the Petitioner should employ to consult and plead for him in the Process of Treason and other Crimes to be pursued against him at the instance of His Majesties Advocate And also the said Alexander Dunbar having and holding in his hands another Act of the said Lords of Privy Council of the date the 24th of the said month relative to and narrating the said first Act and proceeding upon another supplication given in by the said Earl to the said Lords craving That his Royal Highness and the said Lords would interpose their Authority by giving a positive and special Order and Warrant to the said Sir George Lockhart to consult and plead with him in the foresaid Criminal Process conform to the tenor of the Acts of Parliament mentioned and particularized in the said Petition and frequent and known practice in the like cases which was never refused to any Subjects of the meanest quality His Royal Highness and Lords of Privy Council having considered the foresaid Petition did by the said Act adhere to their former Order allowing Advocates to appear for the said Earl in the Process foresaid as the said Acts bear and produced the said Acts and Procuratory foresaid to the said Sir George Lockhart who took the same in his hands and read them over successive and after reading thereof the said Alexander Dunbar Procurator and in name and behalf foresaid solemnly required the said Sir George Lockhart as the said Noble Earls ordinary Advocate and as a Lawyer and Advocate upon the said Earls reasonable expence to consult and advise the said Earls said Process at any time and place the said Sir George should appoint to meet thereupon conform to the foresaid two Acts of Council and Acts of Parliament therein mentioned appointing Advocates to consult in such matters which the said Sir George Lockhart altogether refused Whereupon the said Alexander Dunbar as Procurator and in Name foresaid asked and took Instruments one or more in the hands of me Notary publick undersubscribed And these things were done within the said Sir George Lockhart's Lodging on the South side of the Street of Edinburgh in the Lane-Mercat within the Dining-room of the said Lodging betwixt Four and Five hours in the Afternoon Day Month Year Place and of His Majesties Reign respective foresaid before Robert Dicksone and John Lesly Servitors to John Camphell Writer to His Majesties Signet and Dowgall Mac. Alester Messenger in Edinburgh with divers others called and required to the Premisses Ita esse Ego Johannes Broun Notarius publicus in Premissis requisitus Attestor Testantibus his meis signo subscriptione manualibus solitis consuetis Broun Witnesses Robert Dicksone Dowgall Mac. Alester John Lesly Decemb. 5. 1682. The Opinion of divers Lawyers concerning the Case of the Earl of Argyle WE have considered the Criminal Letters raised at the instance of His Majesties Advocate against the Earl of Argyle with the Acts of Parliament contained and narrated in the same Criminal Letters and have compared the same with a Paper or Explication which is libelled to have been given in by the Earl to the Lords of His Majesties Privy-Council and owned by him as the sense and explication in which he did take the Oath imposed by the late Act of Parliament Which Paper is of this tenor I have considered the Test and am very desirous to give chedience as far as I can c. And having likewise considered that the Earl after he had taken the Oath with the explication and sense then put upon it it was acquiesced to by the Lords of Privy-Council and he allowed to take his place and to sit and Vote And that before the Earls taking of the Oath there were several papers spread abroad containing objections and alledging inconsistencies and contradictions in the Oath and some thereof were presented by Synods and Presbyteries of the Orthodox Clergy to some of the Bishops of the Church It is our humble Opinion that seeing the Earls design and meaning in offering the said Explication was allenarly for the clearing of his own Conscience and upon no facrious or seditious design and that the matter and import of the said paper is no contradiction of the Laws and Acts of Parliament it doth not at all import any of the Crimes libelled against him viz. Treason Leasing making depraving of His Majesties Laws or the Crime of Perjury but that the glosses and inferences put by the Libel upon the said paper are altogether strained and unwarrantable and inconsistent with the Earls true design and the sincerity of his meaning and intention in making of the said Explication Wednesday the 12th of December the day of compearance assigned to the Earl being now come he was brought by a guard of Souldiers from the Castle to the place appointed for the Trial and the Justice Court being met and fenced the Earl now Marquess of Queensberry then Justice-General the Lords Nairn Collingtoun Forret Newtoun and Hirkhouse the Lords of Justitiary sitting in Judgment and the other formalities also performed the Indictment above set down Num. 24. was read and the Earl spoke as follows The Earl of Argyle's Speech to the Lord Justice General and the Lords of the Justitiary after he had been arraigned and his Indictment read My Lord Justice General c. I Look upon it as the undeniable priviledge of the meanest Subject to explain his own words in the most benign sense and even when persons are under an ill Character the misconstruction of words in themselves not ill can only reach a presumption or aggravation but not any more But it is strange to alledge as well as I hope impossible to make any that know me believe that I could intend any thing but what was honest and honourable suitable to the Principles of my Religion and Loyalty tho I did not explain my self at all My Lord I pray you be not offended that I take up a little of your time to tell you I have from my Youth made it my business to serve His Majesty faithfully and have constantly to my power appeared in his Service especially in all times of difficulty and have never joined nor complied with any Interest or Party contrary to His Majesties Authority and have all along served him in his own way without a frown from His Majesty these thirty years As soon as I passed the Schools and Colledges I went to travel to France and Italy and
is I shall only say As my Life hath most of it been spent in serving and suffering for his Majesty so whatever be the event of this Process I resolve while I breath to be loyal and faithful to His Majesty And whether I live publickly or in obscurity my head my heart nor my hand shall never be wanting where I can be useful to His Majesties Service And while I live and when I die I shall pray That God Almighty would bless His Majesty with a long happy and prosperous Reign and that the lineal legal successours of the Crown may continue Monarchs of all His Majesties Dominions and be Defenders of the True Primitive Christian Apostolick Catholick Protestant Religion while Sun and Moon endure God save the King The Kings own Letter to this Nobleman when he was Lord Lorn Collogne December 20. 1654. My Lord Lorn I Am very glad to hear from Middleton what affection and zeal you shew to my Service how constantly you adhere to him in all his distresses and what good Service you have performed upon the Rebels I assure you you shall find me very just and kind to you in rewarding what you have done and suffered for me and I hope you will have more Credit and Power with those of your Kindred and Dependants upon your Family to engage them with you for me than any body else can have to seduce them against me and I shall look upon all those who shall refuse to follow you as unworthy of any protection hereafter from me which you will let them know This honest Bearer M will inform you of my Condition and Purposes to whom you will give Credit and he will tell you That I am very much Your very affectionate Friend C. R. General Middleton's Order to the Earl of Argyle who was then Lord Lorn for capitulating with the English wherein he largely expresseth his Worth and Loyalty John Middleton Lieutenant General next and immediate under His Majesty and Commander in chief of all the Forces raised and to be raised within the Kingdom of Scotland SEeing the Lord Lorn hath given so singular proofs of clear and perfect Loyalty to the Kings Majesty and of pure and constant affection to the good of His Majesties Affairs is never hitherto to have any ways complyed with the Enemy and to have been principally instrumental in the enlivening of this late War and one of the chief and first movers in it and hath readily chearfully and gallantly engaged and resolutely and constantly continued active in it notwithstanding the many powerful disswasions discouragements and oppositions he hath met withal from divers hands and hath in the carrying on of the Service shewn such signal Fidelity Integrity Generosity Prudence Courage and Condect and such high Vertue Industry and Ability as are suitable to the Dignity of his Koble Family and the Trust His Majesty reposed in him and hath not only stood out against all temptations and enticements but hath most nobly crossed and repressed designs and attempts of deserting the Service and persisted loyally and firmly in it to the very last through excessive toil and many great difficulties misregarding all personal inconveniencies and chusing the loss of Friends Fortune and all private Concernments and to endure the utmost extremities rather than to swerve in the least from his Duty or taint his Reputation with the meanest shadow of disloyalty and dishonour I do therefore hereby testifie and declare That I am perfectly satisfied with his whole Deportments in relation to the Enemy and this late War and do highly approve them as being not only above all I can express of their worth but almost beyond all parallel And I do withal hereby both allow and most earnestly desire and wish him to lose no time in taking such course for his safety and preservation by Treaty and Agreement or Capitulation as he shall judg most fit and expedient for the good of his Person Family and Estate since inevitable and invincible necessity hath forced us to lay aside this War And I can now no other way express my respects to him nor contribute my endeavour to do him Honour and Service Intestimony whereof I have signed and sealed these Presents at Dunveagave the last day of March 1655. JOHN MIDDLETON Another Letter from the Earl of Middleton to the same purpose Paris April 17. 1655. My Noble Lord I Am hopeful that the Bearer of this Letter will be found one who has been a most faithful Servant to your Lordship and my kind Friend and a sharer in my Troubles Indeed I have been strengthned by him to support and overcome many difficulties He will acquaint you with what hath past which truly was strange to both of us but your own Re-encounters will lessen them My Lord I shall be faithful in giving you that Character which your Worth and Merit may justly challenge I profess it is next to the ruine of the Service one of my chiefest Regrets that I could not possibly wait upon you before my going from Scotland that I might have settled a way of Correspondence with you and that your Lordship might have understood me better than yet you do I should have been plain in every thing and indeed have made your Lordship my Confessor and I am hopeful the Bearer will say somewhat for me and I doubt not but your Lordship will trust him If it shall please God to bring me safe from beyond Sea your Lordship shall hear from me by a sure hand Sir Ro. M. will tell you a way of corresponding So that I shall say no more at present but that I am without possibility of change My Noble Lord Your Lordships most Faithful and most Humble Servant JO. MIDDLETON A Letter from the Earl of Glencairn testifying his esteem for this Noble Person and the sense he had of his loyalty to the King when few had the Courage to own him My Lord LEst it may be my misfortune in all these great Revolutions to be misrepresented to your Lordship as a person unworthy of your favourable Opinion an Artifice very frequent in these times I did take occasion to call for a Friend and Servant of yours the Laird of Spanie on whose discretion I did adventure to lay forth my hearts desire to obviate in the bud any of these misunderstandings Your Lordships true worth and zeal to your Countries happiness being so well known to me and confirmed by our late suffering acquaintance And now finding how much it may conduce to these great ends we all with that a perfect Unity may be amongst all good and honest-hearted Scotchmen tho there be few more insignificant than my self yet my zeal for those ends obliges me to say that if your Lordships health and affairs could have permitted you to have been at Edenburgh in these late times you would have seen a great inclination and desire amongst all here of a perfect Unity and of a mutual respect to your Person as of chief
of the Kings Officers cannot prejudg his Interest It is answered The Pannel is very confident that neither the Lords of His Majesties Privy Council consisting of persons of eminent Loyalty and Judgment nor His Majesties Officers were capable of any such escape as is pretended and if the tenor of the Pannel's Explication did in the least import the high and infamous Crimes libelled as beyond all peradventure it does not it were strange how the same being contained in the aforesaid Vindication and the whole Clauses thereof justified that this should have been looked on as no Crime and allowed to be published And the Pannel neither does nor needs to make farther use thereof but to convince all dis-interested persons that his Explication can import no Crime And whereas it is pretended That the Crime of Treason is inferred from the fundamental Laws of the Kingdom and from that Clause of the Pannel's Explication whereby he declares he is not bound up by any thing in this Oath not to endeavour any alteration in a lawful way which being an indefinite proposition is equipollent to an universal and is upon the matter coincident with a Clause which was rebellious in its consequences contained in the Solemn League and Covenant It is answered That it is strange how such a plain and innocent Clause whereby beyond all question he does express no more than was naturally imported the Crime of Treason which no Lawyer ever allowed except where it was founded upon express Law Luce Meridiana Clarior And indeed if such stretches and inferences can make men guilty of Treason no man can be secure And the words in the Pannel's Declaration are plain and clear yet non sunt cavillanda and import no more but that in his station and in a lawful way and consistent with the Protestant Religion and his Loyalty he might endeavour any alteration to the advantage of Church and State And was there ever any loyal or rational Subject that does or can doubt that this is the natural import of the Oath And indeed it were a strange Oath if it were capable of another sense and being designed for the security of the Government should bind up mens hands to concur for its advantage And how was it possible that the Pannel or any other in the capacity of a Privy-Councellor or a Member of the Parliament would have satisfied his Duty and Allegiance in other terms And whereas it is pretended that there was the like case in the pretended League and Covenant it is answered The Assertion is evidently a Mistake and tho it were the Argument is altogether inconsequential For that League and Covenant was treasonable in it self as being a Combination entred into without His Majesties Authority and was treasonable in the glosses that were put upon it and was imposed by absolute violence on the Subjects of this Kingdom And how can the Pannel be in the least supposed to have had any respect to the said League and Covenant when he had so often taken the Declaration disowning and renouncing it as an unlawful and sinful Oath and concurred in the many excellent Laws and Acts of Parliament made by His Majesty condemning the same as seditious and treasonable And whereas it is pretended That the Pannel is guilty of Perjury having taken the Oath in another sense than was consistent with the genuine sense of the Parliament and that by the Authority cited he doth commento eludere Juramentum which ought always to be taken in the sense of him that imposeth the Oath It is answered The Pretence is most groundless and Perjury never was nor can be inferred but by the commission or omission of something directly contrary to the Oath And altho it is true That where an Oath is taken without any Declaration of the express sense of the persons who take it it obliges sub poena Perjurii in the sense not of the taker but of the imposer of the Oath because expressing no Sense Law and Reason presumes there is a full acquiescence in the sense and meaning of the imposer of the Oath and then if an Oath be not so taken he that takes it is guilty of Perjury Yet there was never Lawyer nor Divine Popish or Protestant but agree in this That whatever be the tenor of the Oath if before the taking thereof the party in express terms does publickly and openly declare the sense in which he takes it it is impossible it can infer the Crime of Perjury against him in any other sense this not being Commentum excogitatum after the taking of the Oath And if this were not so how is it possible in Sense and Reason that ever any Explication or Sense could solve the Scruples of a mans Conscience For it might be always pretended That notwithstanding of the express sense wherein he took it he should be guilty of Perjury from another sense And that this is the irrefragable opinion of all Divines of whatever peswasion is not only clear from the Authority above-mentioned even those who allow of reserved senses but more especially by the universal suffrage of all Protestant Divines who tho they do abominate all thoughts of Subterfuges or Evasions after taking of the Oath yet they do always allow and advise for the safety and security of a doubting and scrupulous Conscience that they should express and declare before the taking of the Oath the true sense and meaning wherein they have freedom to take it and for which Sandersone de Juramento is cited Prelct 6. Sect. 10. pag. 75. where his words are Sane ut inter Jurandum omnia recte fiant expedit ut de verborum sensu inter omnes partes quarum interest liquido constet quod veteribus dictum liquido Jurare And an Oath being one of the highest Acts of Devotion containing Cultum Latriae there is nothing more consonant to the Nature of all Oaths and to that Candor Ingenuity and Chrstian simplicity which all Law and Religion requires in such cases The Kings Advocate 's Third Plea against the Earl of Argyle HIS Majesties Advocate conceives he has nothing to answer as to depraving Leasing-making and mis-interpreting c. save that this Oath was only designed to exclude Recusants and consequently the Pannel may thereby be debarred from his Offices but not made guilty of a Crime To which he Triplies 1. If ever the Earl had simply refused that had been true but that did not at all excuse from defaming the Law for a defamer is not punished for refusing but for defaming 2. It he had simply refused the Government had been in no more hazard but if men will both retain their places and yet take the same in such words as secure not the Government it were strange to think that the design of the Law being to secure against mens possessing who will not obey that yet it should allow them possession who do not obey Nor is the refuser here in a better case than the Earl
hours without intermission it adjourned till the next day being Tuesday the 13th of December at Two of the Clock in the Afternoon And then the Earl being again brought to the Bar the following Interloquutour that is Judgment and Sentence of the Lords of Justitiary on the foregoing debate was read and pronounced in open Court Edinburgh December 12. 1681. The Interloquutour of the Lords of Justitiary THE Lords Justice General and Commissioners of the Justitiary having considered the Libel and Debate they sustain the defence proponed for the Earl of Argyle the Pannel in relation to the perjury Libelled viz. That he emitted this Explanation at or before his taking the Test first before his Royal Highness His Majesties High Commissioner and the Lords of His Majesties Privy Council relevant to elude that Article of the Libel The Lords sustain the Libel as being founded upon the Common Law and Explication Libelled and upon Act 130. Parl. 8. James VI. to infer the pain of Treason They likewise sustain the Libel as founded upon the 10. Act Parl. 10. James VI. to infer the pain of Death and likewise sustain that part of the Libel anent Leasing making and Leasing-telling to infer the particular pains mentioned in the several Acts Libelled And repel the whole other defences duplies and quadruplies and remits the Libel with the defences anent the Perjury to the knowledge of an Assize Thereafter the Assize that is the Jury being constitute and sworn viz. List of the Assizers Marquiss Montross E. Middleton E. Airlie E. Perth P. Cr. E. Dalhousie E. Roxburgh P. C. E. Dumfries E. Linlithgow P. Cr. Lord Lindoors Lord Sinclare Lord Bruntisland Laird of Gosfoord Laird of Claverhouse Laird of Balnamoon Laird of Park Gordon HIS Majesties Advocate adduced four Witnesses to prove the points of the Indictment remitted to the knowledge of the Assize viz. John Drummond of Lundie then Governour of the Castle of Edinburgh now Treasurer Deputy Sir William Paterson and Mr. Patrick Menzies Clerks of the Privy Council and H. Stevenson their under Clerk Who deponed That on the 4th of November the Earl did give in an unsubscribed Explanation of the Test which he refused to sign One of the Witnesses also adding That he heard him make the same Explanation the day before in Council and that it was there accepted Then His Majesties Advocate asked if the Earl would make use of his Exculpation for eliding the Perjury Libelled to wit That he had emitted the same Explanation before taking the Test in presence of his Royal Highness and the Council To which the Earl answered That seeing they had sustain'd the Libel as to the alledged Treason he would not trouble them about the Perjury especially the matter of Fact referred by the Interloquutour to his probation being of it self so clear and notour Fut the truth is the Interloquutour pronounced was so amazing that both the Earl and his Advocates were struck with deep silence for they plainly perceived that after such a Judgment in the case all further endeavours would be in vain it being now manifest that seeing the Earls innocence had so little availed as that his plain and honest words purely uttered for the necessary satisfaction of his own conscience and clearing of his Loyalty had been construed and detorted to infer Leasing-making Depraving and Treason the Tongues of men and Angels as some of his Advocates also said could not do any good and therefore neither did the Earl nor they object any thing either against the Assizers or Witnesses though liable to obvious and unanswerable exceptions Nor did the Earls Advocates say any thing to the Assize as the custom is and as in this case they might well have done to take off the force of the Evidence and to demonstrate that the Depositions instead of proving the Indictment did rather prove the Earls defences But as I have said they now plainly saw that all this had been unnecessary work and in effect were of opinion that after so black and dreadful a sence put upon what the Earl had spoke and done in such fair and favourable circumstances there could be nothing said before such a Court which might not expose themselves to the like hazard and more easily be made liable to the same mis-construction But upon this silence the Advocate taking Instruments protests whether in form only or from a real fear let others judge for an Assize of Error in case the Assizers should Assoil or acquit Whereupon the Assize removing was inclosed and after some time returned their Verdict which was read in open Court of this tenour The Verdict of the Assize THE Assize having Elected and Chosen the Marquess of Montrose to be their Chancellor they all in one voice find the Earl of Argyle guilty and culpable of the Crimes of Treason Leasing-making and Leasing-telling And find by plurality of Votes the said Earl innocent and not guilty of Perjury And then the Court again adjourned And the Privy-Council wrote the following Letter to His Majesty Halyrud-House December 14. 1681. The Councils Letter to the King desiring leave to pronounce Sentence against the Earl of Argyle May it please Your Sacred Majesty IN Obedience to Your Majesty's Letter dated the 15th of November last we ordered Your Majesty's Advocate to insist in that Process raised at your Instance against the Earl of Argyle And having allowed him a long time for his appearance and any Advocates he pleased to employ and Letters of Exculpation for his Defence He after full Debate and clear Probation was found guilty of Treason Leasing-making betwixt Your Majesty Your Parliament and Your People and the reproaching of Your Laws and Acts of Parliament But because of Your Majesty's Letter ordaining us to send Your Majesty a particular account of what he should be found guilty of before the pronouncing of any Sentence against him we thought it our duty to send Your Majesty this account of our and Your Justices proceedings therein And to signifie to Your Majesty with all Submission That it is usual and most fit for Your Majesty's Service and the Advantage of the Crown that a Sentence be pronounced upon the Verdict of the Assize without which the Process will be still imperfect After which Your Majesty may as you in Your Royal Prudenee and Clemency shall think fit Ordain all farther execution to be sisted during Your Majesty's pleasure Which shall be dutifully obeyed by Your MAJESTY's Most Humble Most Faithful and most Obedient Subjects and Servants Sic Subscribitur Alex. St. And. Athol Douglas Montrose Glencairn Wintoun Linlithgow Perth Roxburgh Dumfries Strathmore Airlie Ancram Livingstoun Jo. Edinburgens Elphingstoun Dalziell Geo. Gordon Ch. Maitland Geo. Mckenzie G. Mckenzie Ramsay J. Drummond THE Earl as well as the Lords of Privy Council waited some days for the Answer of this Letter But the Earl making his escape a day or two before it came I shall take occasion to entertain you in the mean time with an account of
another making a Speech that no Man understood a third all the time of the reading repeating Lord have mercy upon me miserable sinner Nay even an Advocate after being debarred a few days because albeit no Clerk yet he would not take it without the benefit of his Clergy viz. the Councils Explanation was yet thereafter admitted without the Warrant of the Councils Act but all this in the Case of so many other was right and good Further the Council expresly declare the Earl to be Guilty before he had ever said one word in his own defence Thereafter some of them become his Assizers and others of them witness against him and after all they do of new concern themselves by a Second Letter to His Majesty wherein they assert That after full debate and clear probation he was found guilty of Treason c. to have a sentence past against him and that of so high a nature and so dreadful a consequence as suffers no person to be unconcerned far less their Lordships his Judges who upon grounds equally just and which is more already predetermined by themselves may soon meet with the same measure not only as Concealers of Treason but upon the least pretended disobedience or non-compliance with any Act of Parliament and after all must infallably render an account to God Almighty He bids them therefore lay their hands to their bearts and whatever they shall judge he is assured that God knows and he hopes all unblassed men in the World will or may know he is neither guilty of Treason nor any of the Crimes libelled He says he is glad how many out-do him in asserting the true Protestant Religion and their Loyalty to His Majesty only he hadds If he could justify himself to God as he can to His Majesty he is sure he might account himself the happiest man alive But yet seeing he hath a better hope in the mercy of God through Jesus Christ he thereupon rests whether he finds Justice here on Earth or not He says he will add nothing to move them either to tenderness or pity he knows that not to be the place and pretends to neither from them He pleads his Innocence and craves Justice leaving it to their Lordships to consider not so much his particular Case as what a Preparative it may be made and what may be its Consequences And if all he hath said do neither convince nor persuade them to alter their judgment yet he desires them to consider whether the Case do not at least deserve to be more fully represented and left to His Majecty's wisdom and justice seeing that if once the matter pass upon record for Treason it is undoubted that hundreds of the best and who think themselves most innocent may by the same methods fall under the like Condemnation whenever the King's Advocate shall be thereto prompted And thus you have a part of what the Earl intended to have said before pronouncing Sentence if he had not made his Escape before the day Yet some things I perceive by his Notes are still in his own breast as only proper to be said to His Majesty I find several Quotations out of the Advocate 's printed Books that it seems he was to make some use of but seeing it would have been too great an interruption to have applied them to the places designed I have subjoined them together leaving them to the Advocate 's own and all mens consideration It was by some remarked That when the Lords of Justitiary after the ending of the first days debate resolved that same night to give judgment upon it they sent for the Lord Nairn one of their number an old and infirm man who being also a Lord of the Session is so decayed through age that he hath not for a considerable time been allowed to take his turn in the Outer-house as they call it where they judge lesser Causes alone But notwithstanding both his age and infirmity and that he was gone to bed he was raised and brought to the Court to consider a Debate a great deal whereof he had not heard in full Court and withal as is informed while the Clerk was reading some of it fell of new asleep It was also remarked that the Lords of Justitiary being in all five viz. the Lord Nairn above-mentioned with the Lords Collintoun Newtoun Hirkhouse and Forret the Libel was found relevant only by the odds of three to two viz. the Lord Nairn aforesaid the Lord Newtoun since made President of the Session and the Lord Forret both well enough known against the Lord Collintoun a very ingenious Gentleman and a true old Cavalier and the Lord Hirkhouse a learned and upright Judge As for the Lord Justice General who was also present and presided his vote according to the constitution of the Court was not asked But to return to my Narrative the Earl as I have already told you did not think fit for reasons that you shall hear to stay till His Majesty's return came to the Council's last Letter but taking his opportunity made his escape out of the Castle of Edinburgh upon Tuesday the Twentieth of December about eight at night and in a day or two after came His Majesty's Answer here subjoined The King's Answer to the Council's Letter December 18. 1681. C. R. MOST dearly c. having this day received your Letter of the 14th instant giving an account that our Advocate having been ordered by you to insist in that Process raised at our instance against the Earl of Argyle he was after full debate and clear probation found guilty of Treason and Leasing-making betwixt us our Parliament and our People and the reproaching our Laws and Acts of Parliament We have now thought fit notwithstanding of what was ordered by us in our Letter to you of the 15th of November last hereby to authorize you to grant a Warrand to our Justice General and the remanent Judges of our Justice Court for proceeding to pronounce a Sentence upon the Verdict of the Jury against the said Earl nevertheless it is our express pleasure and we do hereby require you to take care that all execution of the Sentence be stopped until we shall think fit to declare our further pleasure in this Affair For doing whereof c. Which Answer being read in Council on the Thursday and the Court of Justiciary according to its last Adjournment as shall be told you being to meet upon the Friday after a little hesitation in Council whether the Court of Justiciary could proceed to the Sentence of Forfaulture against the Earl he being absent it was resolved in the affirmative And what were the grounds urged either of hesitation or resolution I cannot precisely say there being nothing on record that I can learn But that you may have a full and satisfying account I shall briefly tell you what was ordinarily discoursed a part whereof I also find in a Petition given in by the Countess of Argyle to the Lords
some instance of Our Favour and to remember the many Services he had done and the Sufferings he had undergone for his Affections and Fidelity to Our Royal Father and Our self and that it was time to redeem him from those Calamities which yet do lie as heavy upon him since as before Our happy Return And thereupon We recommend him to You Our Lieutenant that you should move Our Council there for preparing a Bill to be transmitted to Us for the Re-investing him the said Marquess into the possession of his Estate into that Our Kingdom as had been done in some other Cases To which Letter you Our said Lieutenant returned us answer That you had informed Our Council of that Our Letter and that you were upon consideration thereof unanimously of Opinion that such a Bill ought not to be transmitted to Us the Reason whereof would forthwith be presented to Us from our Council After which time We received the inclosed Petition from the said Marquess which We referred to the considerations and examinations of the Lords of Our Privy Council whose Names are mentioned in that Our Reference which is annexed to the said Petition who thereupon met together and after having heard the Marquess of Antrim did not think fit to make any Report to Us till they might see and understand the Reasons which induced you not to transmit the Bill We had proposed which Letter was not then come to Our Hands After which time We have received your Letter of the 18th of March together with several Petitions which had been presented to you as well from the Old Soldiers and Adventurers as from the Lady Marchioness of Antrim all which We likewise transmitted to the Lords Referees Upon a second Petition presented to Us by the Lord Marquess which is here likewise enclosed commanding Our said Referees to take the same into their serious consideration and to hear what the Petitioner had to offer in his own Vindication and to report the whole matter to Us which upon a third Petition herein likewise inclosed We required them to expedite with what speed they could By which deliberate Proceedings of ours you cannot but observe that no importunity how just soever could prevail with Us to bring Our Self to a Judgment in this Affair without very ample Information Our said Referees after several Meetings and perusal of what hath been offered to them by the said Marquess have reported unto Us That they have seen several Letters all of them the hand-writing of Our Royal Father to the said Marquess ☞ and several Instructions concerning his treating and joining with the Irish in order to the King's Service by reducing to their Obedience and by drawing some Forces from them for the Service of Scotland That besides the Letters and Orders under His Majesty's Hand they have received sufficient Evidence and Testimony of several private Messages and Directions sent from Our Royal Father and from Our Royal Mother with the privity and with the Directions of the King Our Father by which they are persuaded that whatever Intelligence Correspondence or Actings the said Marquess had with the Confederate Irish Catholicks was directed or allowed by the said Letters Instructions and Directions and that it manifestly appears to them that the King Our Father was well pleased with what the Marquess did ☞ after he had done it and approved the same This being the true state of the Marquess his Case and there being nothing proved upon the first Information against him nor any thing contained against him in your Letter of March 18. but that you were informed he had put in his Claim before the Commissioners appointed for executing the Act of Settlement and that if his Innocency be such as is alledged there is no need of transmitting such a Bill to us as is desired and that if he be Nocent it consists not with the Duty which you owe to Us to transmit such a Bill as if it should pass into a Law must needs draw a great prejudice upon so many Adventurers and Soldiers which are as is alledged to be therein concerned We have considered of the Petition of the Adventurers and Soldiers which was transmitted to Us by you the Equity of which consists in nothing but that they have been peaceably in possession for the space of seven or eight years of those Lands which were formerly the Estate of the Marquess of Antrim and others who were all engaged in the late Irish Rebellion and that they shall suffer very much and be ruined if those Lands should be taken from them And We have likewise considered another Petition from several Citizens of London near sixty in number directed to our Self wherein they desire That the Marquess his Estate may be made liable to the payment of his just Debts that so they may not be ruined in the favour of the present Possessors who they say are but a few Citizens and Soldiers who have disbursed very small Sums thereon Upon the whole matter no man can think We are less engaged by Our Declaration and by the Act of Settlement to protect those who are Innocent and who have faithfully endeavoured to serve the Crown how unfortunate soever than to expose to Justice those who have been really and maliciously guilty And therefore we cannot in Justice but upon the Petition of the Marquess of Antrim and after the serious and strict Inquisition into his Actions declare unto you That We do find him Innocent from any malice or rebellious Purpose against the Crown and that what he did by way of Correspondence or Compliance with the Irish Rebels was in order to the Service of Our Royal Father and warranted by his Instructions and the Trust reposed in him and that the benefit thereof accrued to the Service of the Crown and not to the particular advantage and benefit of the Marquess And as we cannot in justice deny him this Testimony so We require You to transmit Our Letter to Our Commissioners that they may know our Judgment in this Case of the Lord of Antrim's and proceeded accordingly And so we bid you heartily farewel Given at our Court at White-Hall July 10. in the 15th Year of Our Reign 1683. By His Majesty's Command HENRY BENNET Entred at the Signet-Office July 13. 1663. To Our Right Trusty and Right entirely Well-beloved Cousin and Counsellor James Duke of Ormond Our Lieutenant-General and General Governour of Our Kingdom of Ireland and to the Lords of Our Council of that Our Kingdom Vox Populi Or The Peoples Claim to their Parliament's Sitting to Redress Grievances and to provide for the Common Safety by the known Laws and Constitutions of the Nation SInce the wonderful Discovery and undeniable Confirmation of that horrid Popish Plot which designed so much ruine and mischief to these Nations in all things both Civil and Sacred and the unanimous Sense and Censure of so many Parliaments upon it together with so many publick Acts of Justice upon so many
time acquaint his Highness with what we have further done at that Meeting Dated at Guild-hall the 11th of December 1688. A Paper delivered to his Highness the Prince of Orange by the Commissioners sent by his Majesty to treat with him And his Highness's Answer WHereas on the 8th of December 1688. at Hungerford a Paper signed by the Marquess of Hallifax the Earl of Nottingham and the Lord Godolphin Commissioners sent unto us from His Majesty was delivered to Us in these Word following viz. Sir THE King commanded us to acquaint You That he observeth all the Differences and Causes of Complaint alledged by Your Highness seem to be referred to a Free Parliament His Majesty as He hath already declared was resolved before this to call one but thought that in the present State of Affairs it was advisable to defer it till things were more compos'd Yet seeing that His People still continue to desire it He hath put forth His Proclamation in order to it and hath issued forth His Writs for the calling of it And to prevent any Cause of Interruption in it He will consent to every thing that can be reasonably required for the Security of all those that shall come to it His Majesty hath therefore sent Us to attend Your Highness for the adjusting of all Matters that shall be agreed to be necessary to the Freedom of Elections and the Security of Sitting and is ready immediately to enter into a Treaty in Order to it His Majesty proposeth that in the mean time the respective Armies may be restrained within such Limits and at such a Distance from London as may prevent the Apprehensions that the Parliament may in any kind be disturbed being desirous that the Meeting of it may be no longer delay'd than it must be by the usual and necessary Forms Hungerford Dec. 8. 88. Signed Hallifax Nottingham Godolphin We with the Advice of the Lords and Gentlemen assembled with Vs have in Answer to the same made these following Proposals I. THAT all Papists and such Persons as are not qualified by Law be Disarmed Disbanded and Removed from all Employments Civil and Military II. That all Proclamations which Reflect upon Us or any that have come to Us or declared for Us be recalled and that if any Persons for having so assisted have been committed that they be forthwith set at Liberty III. That for the Security and Safety of the City of London the Custody and Government of the Tower be immediately put into the Hands of the said City IV. That if His Majesty shall think fit to be at London during the Sitting of the Parliament that We may be there also with equal Number of our Guards Or if his Majesty shall please to be in any place from London at what-ever distance he thinks fit that We may be at a place of the same distance And that the respective Armies do remove from London Thirty Miles and that no more Foreign Forces be brought into the Kingdom V. That for the Security of the City of London and their Trade Tilbury Fort be put into the Hands of the said City VI. That to prevent the Landing of French or other Foreign Troops Portsmouth may be put into such Hands as by Your Majesty and Us shall be agreed upon VII That some sufficient part of the Publick Revenue be Assigned Us for the Maintaining of our Forces until the Meeting of a Free Parliament Given at Littlecott the Ninth of December 1688. W. H. Prince of Orange The Speech of the Recorder of Bristol to his Highness the Prince of Orange Monday January the 7th 1688. The Mayor Recorder Aldermen and Commons of the Principal Citizens of the City of Bristol waited upon the Prince of Orange being introduced by his Grace the Duke of Ormond their High-Steward and the Earl of Shrewsbury Where the Recorder spake to this Effect May it please your Highness THE Restitution of our Religion Laws and Liberties and the Freeing us from that Thraldom which hath rendred us for many Years useless and at last dangerous to the Common Interest of the Protestant World by your Highness's singular Wisdom Courage and Conduct are not only a Stupendious Evidence of the Divine Favour and Providence for our Preservation but will be and ought to be an Everlasting Monument of your Highness's Magnanimity and other the Heroick Vertues which Adorn your great Soul by whom such a Revolution is wrought in this Nation as is become the Joy and Comfort of the Present and will be the Wonder of all Succeeding Ages In the Contrivance and Preparation of which great Work your Highness like the Heavens did shed your propitious Influences upon us whilst we slept and had scarce any prospect from whence we might expect our Redemption But as since your happy Arrival in England we did among the first Associate our selves to assist and promote your Highness's most glorious Design with our Lives and Fortunes so we now think our selves bound in the highest Obligation of Gratitude most humbly to present to your Highness our humble and hearty Thanks for this our Deliverance from Popery and Arbitrary Power and likewise for declaring your gracious Intentions That by the Advice of the Estates of this Kingdom you will rectifie the late Disorders in the Government both Ecclesiastical and Civil according to the known Laws The due and inviolable Observation of which will in our poor Opinion be the only proper Means to render the Soveraign Secure and both Soveraign and Subject happy To which his Highness returned a most Gracious Answer By the Commissioners of Lieutenancy for the said City Guild-hall London December the 11th 1688. Ordered THat Sir Robert Clayton Kt. Sir William Russel Kt. Sir Basil Firebrass Kt. and Charles Duncomb Esq be a Committee from the said Lieutenancy to Attend his Royal Highness the Prince of Orange and present to his Highness the Address agreed by the Lieutenancy for that purpose And that they begin their Journey to Morrow Morning By the Commissioners Command Geo. Evans Cl. Lieu. London To His Highness the Prince of Orange The Humble Address of the Lieutenancy of the City of London May it please Your Highness WE can never sufficiently express the deep Sense we have conceived and shall ever retain in our Hearts That Your Highness has exposed Your Person to so many Dangers both by Sea and Land for the Preservation of the Protestant Religion and the Laws and Liberties of this Kingdom without which unparallel'd Undertaking we must probably have suffered all the Miseries that Popery and Slavery could have brought upon us We have been greatly concerned that before this time we have not had any seasonable Opportunity to give Your Highness and the World a real Testimony that it has been our firm Resolution to venture all that is Dear to Us to attain those glorious Ends which Your Highness has proposed for restoring and settling these Distracted Nations We therefore now unanimously present to Your Highness
is a vast Liberality indeed but still of other folks Goods It would become them far better to restore back Dunkirk to England which they cheated us of by Surprize or the Town of Callis which they have dismembred from our ancient Dominion They take from us what is our own already and present us with nothing but what is not in their power to give because they cannot bestow either the Title or the Possession of what they do offer in this Kind upon us which if we will have we must gain it by the Point of the Sword And this Train which they do shew us is of the same nature with that sort of Temptations with which the Devil tempted our Saviour from the top of the Pinnacle But do not you discover that this is a subtil Artifice to imbroil us again in a now War with the States of the United Provinces who have the Interest to defend these two Places as much as if either Amsterdam or Flushing were so designed upon And without an absolute Naval Victory we can never hope to conquer them and such a Conquest at Sea too as shall put the Hollanders out of all manner of possibility to afford any Succours in this Case This is a very hard bone which France doth cast in for us to gnaw whil'st they eat all the Marrow of it In fine when the Arms of France joyned to our Forces shall have put us possession of these two Places yet they 'll be totally unuseful to England when France is possessed of all the rest Because thus the French will shut us quite out of the whole Traffick of the Low Countreys and will be always in a Condition to drive the English away from thence unless we do resolve continually to keep a Fleet at Sea for the conserving of them If this Design be hollow and visionary it is not less shameful then airy and full of Injustice We have no manner of Pretention on the Monarchy of Spain nor is it our Genius to whet our Spirits to form Castles in the Clouds of Chimerical Rights What Glory can it be to our Arms to help to oppress a King in Minority of six years old by surprize only because we find him now to be rudely attacqued and unprovided on a frivolous Pretext immediately after the French had given the Queen his Mother and his principal Ministers of State at Madrid such solemn assurances to the contrary as well as at Paris touching the inviolable continuation of a good Peace and a sincere Friendship The manner which Spain hath held and acted with us newly in relation to England when we were assaulted by three powerful Enemies at one time ought to oblige us at least to be deaf to the artificial Allurements of France For although the French have tried by all the ways imaginable and with Offers incomparably more advantagious than those which they do make to us at present to the end that so they might have gained the Forces of Spain to unite with them to our inevitable Oppression yet was it never in their Power to shake the unalterable Amity which the Spanish Nation have for us by a kind of natural Sympathy which one knows not how better to express than by the Immutability of it whether we do oblige or disoblige them Would it not then be an Ingratitude totally inconsistent with the Honour and the Hospitality of the English Temper so soon to forget this Kindness since at the same instant that Spain was the deepliest engaged against Portugal they did notwithstanding openly oppose the Designs of France which seemed to the prejudice of England by refusing them in contemplation of us firmly and with great Resolution Passage for those Troops of theirs which they sent to ruine the Bishop of Munster our Ally and Confederate then We cannot complain of any Injury or Attempt wherein the Spaniards have tampered against England No League nor ancient Treaty doth oblige us to second the Designs of France and we cannot conclude new Aliances with the French to this purpose without directly contravening that Treaty which we have lately ratified with Spain Let us see then what the Herald is to say to the Spaniards that shall be sent to denounce War unto them on this Occasion from England or with what Reasons we shall be able to fill a Manifesto which we would offer to the Publick whereby to justifie the Causes of this Rupture Wherefore I leave the Care my Lord to you being that you seem to be the Author of this Counsel to found it well in the point of Justice But pray see that you perform it better and with more grace than the Writer of the Queen of France's Prepensions hath done I say farther yet That this Design is both prejudicial and destructive and that it carries along with it most pernicious Consequences as well in the present time as the time to come For from the very moment that we do break with Spain our Commerce will cease with the Effects of all those great Advantages which the Spaniards have * By the Treaty last ratified at Madrid by the Earl of Sandwich His Majesty's Embassadour there newly granted unto us and the Merchants of this Realm who trade there will justly be confiscated since all the Profit that we draw from thence must on these terms infallibly redound in favour of the Hollanders whilest our Arms do busie the Spaniards in the Low Countries and the French as they do their utmost against Spain at the same instant will seize their principal Ports into their Power and thus become absolute Masters of the Commerce by putting themselves into a Posture to ereâ—â—â— Doâ—â—â—nion over th◠〈◊〉 which we can never afterwards be able to resist Not above three Years agâ— France was hardly able to set forth twenty Ships that is to say Men of War 〈◊〉 â—ow they have sixty large Vessels ready furnished and well armed and do apply all their Industry and Pains in every part to augment the number Could the Ghost of Queen Elizabeth return back into the World again she would justly reproach us who are the Ministers of State here in England for having abandoned her good Maxims by tamely suffering before our Eyes a Maâ—itim Power to increase which she so diligently kept down throughout the whole Course of her Reign Whereas you are so far from opposing the Growth of this Power that you rather seem to desire England should facilitate the ways to make it grow the faster and render it yet more formidable than it is by the Acquisition of the Sea Ports which in conclusion must infallibly bring France to be Mistress of the Commerce of the Indies All the World knows the vast quantity of Money and Arms which the French have accumulated to that end alone out of the richest Purses of that Kingdom I agree to what hath been said before very prudently in this Conference that our Power and Greatness doth principally consist in the matter of
this Army was marched and led into a peaceable Country and did take free Quarters according to their Commissions and in most places levied great Sums of Money under notion of dry Quarters and did plunder and rob your Subjects of which no redress could be obtained though Complaints were frequently made all which were expresly contrary to the Laws of the Kingdom 2. In their Quarters it was apparent that regard was only had to the Dukes private Animosities for the greatest part of those places that were most quartered on and destroyed had not been guilty of the Field-Conventicles complained of and many of the places that were most guilty were spared upon private Considerations 3. The Subjects at that time were required to subscribe an exorbitant and illegal Bond which was impossible to be performed by them that they their Wives and Children and Servants should live orderly according to Law not go to Conventicles or entertain vagrant Preachers with several other particulars by which Bond those that signed it were made lyable for every Man's fault that lived upon their Ground 4. Your Majesty's Subjects were charged with Laborrows denounced Rebels and Captions were issued out for seizing their persons upon their refusing to sign the aforesaid Bond and the Nobility and Gentry there who have ever been faithful to your Majesty and had appeared in Arms for suppressing the last Rebellion were disarmed upon Oath A Proclamation was also issued forbidding them upon great Penalty to keep any Horses above four Pounds ten groats price 5. The Nobility and Gentry of the Shire of Ayre were also indicted at the instance of your Majesty's Advocate of very high Crimes and Misdemeanors whereof some did import Treason These Indictments were delivered them in the Evening to be answered by them the next Morning upon Oath and when they did demand two or three days time to consider of their Indictments and crave the benefit of Lawyers to advise with in matters of so high concernment and also excepted to their being put to swear against themselves in matters that were Capital which was contrary to all Law and Justice those their desires were rejected though the like had never been done to the greatest Malefactor in the Kingdom And it was told them they must either swear instantly or they would repute them guilty and proceed accordingly 6. The Noblemen and Gentlemen knowing themselves innocent of all that had been surmised against them did purge themselves by Oath of all the particulars that were objected to them and were thereupon acquitted And though the Committee of the Council used the severest manner of enquiry to discover any Seditious or Treasonable Designs which were pretended as the grounds of leading in that Army into those Countries yet nothing could ever be proved so false was that Suggestion concerning a Rebellion then designed that was offered to your Majesty and prevailed with you for sending the aforementioned Letter 7. The Oppressions and Quarterings still continued The Noblemen and Gentry of those Countries went to Edenburgh to present to your Council the heavy Pressure that they and their people lay under and were ready to offer to them all that in Law or Reason could be required of them for securing the peace The Council did immediately upon their appearing there set forth a Proclamation requiring them to depart the Town within three days upon all highest pains and when the Duke of Hamilton did petition for leave to stay two three or days longer for some very urgent Affairs that was refused him 8. When some Persons of Quality had declared to the Duke of Lauderdale that they would go to represent their condition to your Majesty if they could not have Justice from your Ministers for preventing that a Proclamation was set forth forbidding all the Subjects to depart the Kingdom without License that so your Majesty might not be acquainted with the said condition of your Subjects from making their application to your Majesty no less contrary to your Majesty's true Interest who must always be the Refuge of his People than to the natural right of the Subject The former Particulars relate to the Invasion of the Rights of great numbers of your Subjects all at once What follow have indeed only fallen on some single persons yet are such that your whole People apprehend they may be all upon the slightest occasions brought under the like Mischiefs 1. The Council hath upon many occasions proceeded to a new kind of Punishment of declaring men uncapable of all publick Trust concerning which your Majesty may remember what Complaints the said Duke made when during the Earl of Middleton's Administration he himself was put under and incapacitated by an Act of Parliament The Words of his Paper against the Earl of Middleton are Uncapacitating was to whip with Scorpions a punishment to rob men of their Honour and to lay a lasting stain upon them and their Posterity And if this was complained of when done by the highest Court of Parliament your Majesty may easily conclude it cannot be done in any lower Court But yet notwithstanding it is become of late years an ordinary Sentence in Council when the least Complaints are brought against any with whom the Duke of Lauderdale and his Brother are offended Instances of this are The declaring Thirteen worthy Citizens of Edenburgh uncapable of publick Trust against whom no Complaint was ever made to this day as your Majesty will perceive by a Paper more fully concerning that Affair The true cause of it was that those men being in the Magistracy that Duke and his Brother could not get a vast Bribe from them out of the Towns-money which was afterwards obtained when they were removed The Provost of Glascow Aberdeen and Jadburgh were put under the same Sentence for signing a Letter to your Majesty in the Convention of the Burroughs with the rest of that Body which Letter was advised by him who is now your Majesty's Advocate as that which had nothing in it which could bring them under any guilt and yet those three were singled out of the whole number and incapacitated besides an high Fine and long Imprisonment as to your Majesty will more fully appear by another Paper Sir Patrick Holme of Polworth being sent by the Shire of Berwick to complain of some illegal Proceedings and to obtain a legal remedy to them which he did only in the common Form of Law was also declared uncapable of publick Trust besides many months Imprisonment The Provost of Linlythgo being complained of for not furnishing some of your Forces with Baggage Horses was called before the Council and because he said they were not bound in Law to furnish Horses in such manner he was immediately declared incapable of publick Trust and was both fined and imprisoned There are also fifty of the Town of St. Johnstons incapacitated upon a very slight pretence so that it 's very impossible for them to find a sufficient number of Citizens for the Magistracy
to which it stands Prorogued until they have sufficiently provided against Popery and Arbitrary Power This Court after some Debate and Consideration had thereupon did return the Petitioners Thanks for their Care and good Intention herein And did thereupon nominate and appoint Sir John Lawrence Sir Robert Clayton Knights and Aldermen Mr. Recorder Sir Thomas Player Kt. Mr. John Du Bois John Ellis Esq and Mr. Michael Godfrey Commoners to withdraw and immediately to prepare a Petition to his Majesty upon the Subject matter of the said Petition who accordingly withdrawing after some time returned again to this Court and then presented the Draught of such a Petition to his Majesty The Tenor whereof followeth Viz. To the King 's most Excellent Majesty c. After reading whereof It is agreed and ordered by this Court Nemine Contradicente That the said Petition shall be presented to his Majesty this Evening or as soon as conveniently may be And the Right Honourable the Lord Mayor is desired to present the same accompanied with Sir John Lawrence Sir Joseph Sheldon Sir James Edwards Knights and Aldermen Mr. Recorder Deputy Hawes Deputy Daâ—â—l John Nichols John Ellis Esquires Mr. Godfrey and Capt. Griffith Commoners who are now nominated and appointed to attend upon his Lordship at the Presenting thereof Ward Mayor Commune Concil ' tent ' 13 Januarii 1680. Annoque Regis Car. II. 32. IT is Agreed and Ordered by this Court Nemine Contradicente That the Humble Petition to His Majesty from this Court now read and agreed upon shall be presented to His Majesty this Evening or as soon as conveniently may be And the Right Honourable the Lord Mayor is desired to Present the same accompanied with Sir John Lawrence Sir Joseph Sheldon and Sir James Edwards Knights and Aldermen Mr. Recorder Deputy Hawes Deputy Daniel John Nichols John Ellis Esquires Mr. Godfrey and Capt. Griffith Commoners who are now nominated and appointed to attend upon his Lordship at the Presenting thereof Wagstaffe To the KING 's most Excellent Majesty The Humble Petition of the Lord Mayor Aldermen and Commons of the City of London in Common-Council Assembled Most Humbly sheweth THat Your Majesty's great Council in Parliament having in their late Session in pursuance of Your Majesty's Direction entred upon a strict and impartial Inquiry into the horrid and execrable Popish Plot which hath been for several years last past and still is carried on for destruction of Your Majesty's Sacred Person and Government and extirpation of the Protestant Religion and the utter Ruine of Your Majesty's Protestant Subjects and having so far proceeded therein as justly to attaint upon full Evidence one of the five Lords impeached for the same and were in further Prosecution of the remaining Four Lords and other Conspirators therein And as well the Lords Spiritual and Temporal as the Commons in Your said Parliament assembled having Declared That they are fully satisfied that there now is and for divers years last past hath been a horrid and Treasonable Plot and Conspiracy contrived and carried on by those of the Pupish Religion in Ireland for Massacring the English and subverting the Protestant Religion and the Ancient established Government of that Kingdom And Your said Commons having Impeached the Earl of Tyrone in order to the bringing him to Justice for the same And having under Examination other Conspirators in the said Irish Plot. And Your said Commons having likewise impeached Sir William Scroggs Chief Justice of Your Majesty's Court of Kings Bench for Treason and other great Crimes and Misdemeanors in endeavouring to subvert the Laws of this Kingdom by his Arbitrary and Illegal proceedings And having voted Impeachments against several other Judges for the like Misdemeanors Your Petitioners considering the continual Hazards to which Your Sacred Life and the Protestant Religion and the Peace of this Kingdom are exposed while the Hopes of a Popish Successor gives Countenance and Encouragement to the Conspiratours in their wicked Designs And considering also the Disquiet and Dreadful Apprehensions of Your good Subjects by reason of the Miseries and Mischiefs which threaten them on all parts as well from Foreign Powers as from the Conspiracies within Your several Kingdoms against which no sufficient Remedy can be provided but by Your Majesty and Your Parliament were extreamly surprized at the late Prorogation whereby the Prosecution of the Publick Justice of the Kingdom and the making the Provisions necessary for the Preservation of Your Majesty and Your Protestant Subjects hath received an interruption And they are the more affected herewith by reason of the Experience they have had of the great Progress which the emboldned Conspirators have formerly made in their Designs during the late frequent Recesses of Parliament But that which supports them against Dispair is the Hopes they derive from Your Majesty's Goodness That Your Intention was and does continue by this Prorogation to make way for Your better Concurrence with the Counsels of Your Parliament And Your Petitioners humbly hope That Your Majesty will not take Offence that your Subjects are thus Zealous and even impatient of the least Delay of the long hoped for Security whilst they see your precious Life invaded the true Religion undermined their Families and innocent Posterity likely to be subjected to Blood Confusion and Ruine and all these Dangers encreased by reason of the late Endeavours of Your Majesty and Your Parliament which have added Provocation to the Conspirators but have had little or no Effect towards securing against them And they trust Your Majesty will graciously accept this Discovery and Desire of their Loyal Hearts to preserve Your Majesty and whatever else is dear to them and to strengthen Your Majesty against all Popish and Pernicious Counsels which any ill affected Persons may persume to offer They do therefore most humbly Pray That Your Majesty will be graciously pleased as the only means to quiet the Minds and extinguish the Fears of Your Protestant People and prevent the imminent Dangers which threaten Your Majesty's Kingdoms and particularly this Your Great City which hath already so deeply suffered for the same to permit Your said Parliament to Sit from the Day to which they are Prorogued untill by their Counsels and Endeavours those good Remedies shall be provided and those just Ends attained upon which the Safety of Your Majesty's Person the preservation of the Protestant Religion the Peace and Settlement of Your Kingdoms and the Welfare of this Your Ancient City do so absolutely depend For the pursuing and obtaining of which good Effects Your Petitioners unanimously do offer their Lives and Estates And shall ever Pray c. Vox Patriae Or the Resentments and Indignation of the Free-born Subjects of England against Popery Arbitrary Government the Duke of York or any Popish Successor being a true Collection of the Petitions and Addresses lately made from divers Counties Cities and Boroughs of this Realm to their respective Representatives chosen to serve in the Parliament
although we do not in the least question your Faithfulness to the true Interest of this Nation nor your Prudence in the Management thereof yet esteeming it greatly our Duty in this unhappy Juncture wherein our Religion Lives Liberties Properties and all that is dear unto us are in such iminent danger to signifie our pressing Dangers unto You. And accordingly we do request That in the next Parliament wherein we have chose You to Sit and Act That You will with the greatest Integrity and most undaunted Resolution joyn with and assist the other Worthy Representatives and Patriots of this Nation in the searching into and preventing the Horrid and Hellish Villâ—nies Plots and Designs of that wicked and restless sort of People the Papists both in this and the Neighbouring Kingdoms And making some honourable Provision for the Discovery thereof In securing to us the Enjoyment of the True Protestant Religion and the well established Government of this Kingdom In Promoting the happy and long prayed for Union among all His Majesties Protestant Subjects In Repealing the 35th of Elizabeth the Corporation-Act and all other Acts which upon experience have proved injurious to the true Protestant Interest In Asserting the Peoples unquestionable Rights of Petitioning In removing our just Fears by reason of the great Forces in this Kingdom under the Name of Guards which the Law hath no knowledge of In preventing the Misery Ruine and utter Destruction which unavoidably must come upon this and the neighbouring Nations if James Duke of York or any other Papist shall ascend the Royal Throne of this Kingdom And lastly in securing to us our Legal Right of Annual Parliaments which under God will unquestionably prove the highest security of all that is good and desirable to us and our Posterity after us Always assuring our selves that you will not in any wise consent unto any Money-Supply until we are effectually secured against Popery and Arbitrary Power And particularly we desire you to give the most hearty Thanks of this County to that Noble Peer the Earl of Essex and by him to the rest of those Noble and Renowned Peers who were pleased lately and so seasonably to offer their Petition and Advice to His Majesty In the pursuance of all which Needful Worthy and Excellent Ends we shall as in duty bound stand by you with our Lives and Fortunes A Letter of Thanks from the Grand-Jury of the County of Worcester to the Knights of this Shire Dated Jan. 12. 1680. Honoured Sirs WE the Grand-Jury of the County of Worcester at the General Quarter Sessions of the Peace held for the said County the 11th day of Jan. in the 32d year of the King's Majesties Reign do hereby in the behalf of our selves and the County for which we serve return you our most hearty Thanks for your constant and unwearied Attendance upon the Service of His Majesty and your Country in this present Parliament in a Time of such iminent danger And especially of your concurrence in those Methods that have been taken for the Security of His Majesties Sacred Person the Protestant Religion and the Properties of His Majesties Subjects against the Hellish Plots of the Papists and their Adherents And we do humbly request your continuance therein and shall ever pray for the preservation of the Person of our most Gracious Sovereign and that God will direct and unite his Councils and upon all occasions testifie that we are Honoured Sirs Your very Humble Obliged and Thankful Servants This was signed by all the said Grand-Jury and directed to the Honourable Colonel Samuel Sandys and Thomas Foley Esquires Members of this present Parliament A Letter from the Ancient and Loyal Borough of North-Allerton in Yorkshire Dated Jan. 14. 1680. to their Burgesses in Parliament Honoured Sirs THe unexpected and sudden News of this Day 's Post preventing us from sending those due Acknowledgments which the greatness of your Services for Publick Good have merited from us we have no better way now left us to express our Gratitude and the highest Resentments of your Actions before and in your last Sessions of Parliament than to manifest our Approbation thereof by an Assurance that if a Dissolution of this present Parliament happen since you have evidenced so sufficiently your Affections to His Majesties Royal Person and Endeavours for the preserving the Protestant Religion our Laws and Liberties we are now resolved if you are pleas'd to continue with us to continue you as our Representatives And do therefore beg your Acceptance thereof and farther that you will continue your Station during this Prorogation faithfully assuring you that none of us desire to give or occasion you the Expence or Trouble of a Journey in order to your Election if such happen being so sensible of the too great expence you have been at already in so carefully discharging the Trust and Confidence reposed in you by Gentlemen Your Obliged and Faithful Friends and Servants Signed by the Burgesses and Electors of North-Allerton and directed to Sir Gilbert Gerrard and Sir Henry Calverly Burgesses for the Borough of North-Allerton in Yorkshire The same day the Grand-Jury of Reading Presented the following Paper to the Mayor of that Town Berkshire ss The Petition of the Grand-Jury of the Borough of Reading at the Sessions holden at the said Borough Jan. 14. 1680. To the Right Worshipful the Mayor and Aldermen of the Town and Borough of Reading The Humble Petition of the Grand-Jury of the said Town in behalf of themselves and others the Inhabitants of the same Sheweth THat your Petitioners are deeply sensible of the Great and Iminent Dangers and Mischiefs that threaten Us as well as the whole Nation by the implacable Malice and Endeavour of our Enemies to introduce Popery and Arbitrary Government to Subvert the Protestant Religion and our well-establisht Laws and to deprive us of our undoubted Rights and Liberties We therefore humbly entreat you that you would take it into your consideration that no Person whatsoever may be imployed encouraged or empowered to act in any wise in this Corporation that hath been Voted and Deemed in Parliament a Betrayer of the Rights of the People of England And your Petitioners shall Pray c. Soon after the Amazing Dissolution happened and His Majesty having then Declared his pleasure to Summon and Hold the next Parliament not at Westminster which in all Ages has been generally the usual place of Convening those Assemblies as being most conveniently situate near the Metropolis of the Kingdom where all Persons may be much better accommodated than elsewhere but at the City of Oxford several Noble Lords thought it their Duty humbly to Represent the Inconveniencies which in their apprehensions would attend such chargeable Removal and submissively to offer their Advice to His Majesty to alter that Resolution in the following Petition which being presented to His Majesty by that Noble Peer of approved Loyalty and Prudence the Right Honourable the Earl of Essex His Lordship
against the Incroachments of Arbitrary Power In pursuance of which Great and Good Ends we shall always be ready as we are obliged to adhere to you our Honoured Representatives with the utmost hazard of our Persons and Estates City of Chichester the same Day After the Unanimous Choice of John Braman and Richard Farington Esquires who serv'd for that City in the late Parliament they had the Sence of that Eminent City delivered to them by a Worthy Person in the Name and by the Consent of the rest in the following Speech Gentlemen THe Faithful discharge of the like high Trust we formerly gave you is the true Inducement of our chusing you again And as we heartily thank you for your past worthy Behaviour in Parliament and in a particular manner for your being for the Bill of Exclusion for the Bill of Uniting all His Majesty's Subjects for Vindicating our almost lost Right of Petitioning for frequent Parliaments and for your endeavour to call those wretched Pensioners to an Account that betray'd the Nation in the late Long Parliament So we pray you to persevere in your faithful Service of us until the Nation be throughly secured against Popery and Arbitrary Power And since that Famous and Renowned Bulwark of the Protestant Religion the ever-to-be-honoured City of London have commanded their Sheriffs to present their Thanks to the true English and Noble Earl of Essex and by him to the rest of those Right Honourable Peers for their late Excellent Petition and Advice to His Majesty so we being willing to imitate so Good and Great an Example do desire you in our names to present in like manner our humble and hearty Thanks to the said Earl and those Noble Lords Borough of Colchester February 15. 1680 1. After the Election made a great Number of the Free-Burgesses of this Corporation agreed upon the following Address to be presented to their Representatives To the Honourable Sir Harbottle Grimston Baronet and Samuel Reynolds Esq now chosen Burgesses for our Corporation of Cochester in the County of Essex WE the Free-Burgesses of the said Corporation being deeply sensible of the unspeakable danger threatning His Majesty's Life and the Protestant Religion and the well established Government of this Kingdom from the Hellish Designs of the Papists and their wicked Adherents And that our Religion and Liberties can only under God be secured to us and our Posterity by wholsome Advice in Parliament Have now chosen you to represent us there in confidence of your Integrity and Courage to discharge so great a Trust in this time of Imminent Danger And we do desire you to allow us to speak our stedfast Resolution with utmost hazard of our Lives and Fortunes to shew our Approbation of what shall be resolved in Parliament for maintaining the Protestant Religion and our Liberties against Popery and Arbitrary Government And we hope you will endeavour to the utmost of your Power to disable James Duke of York and all other Popish Pretenders from Inheriting the Imperial Crown of this Realm And we shall pray for your good success Here we cannot but inform the Reader That the Notorious Thompson in his Popish Intelligence of the 15th of March would insinuate as if there were no such Address by Printing a Story That the Mayor Aldermen and some others of this Town being Assembled on February 28. 1680 1. A Printed Paper purporting to be the manner of the Election and containing also an Address made to the Members c. was read amongst them and that none of the Assembly would own his Consenting to or making that Paper or Address Touching which it must be Noted 1. That the Mayor and several of these Gentlemen were disobliged by being Out-Voted and much offended because they could not carry it for their Friend Sir Walter Clarges and so had no Reason to Address to the Members duly and fairly Elected because they had vigorously appeared for a contrary Party 2. That there are in that Pamphlet in relating the manner of the Election some galling Truths or if you please Reflections which possibly had better been spared and therefore no wise man would own the making it But for the Address it self 't is certain That it was agreed upon consented unto and will be Justified by the far greater part of the Electors of this Antient and Eminently Loyal Borough of which 't was thought fit here to give this brief Account for obviating any slanderous Objection that might be made on that occasion The Address of the Gentlemen and Free-holders of Bedford To the Right Honourable the Lord Russel and Sir Humphrey Munnox Elected Knights for that Shire on the 14th of February 1680 1. WHen it pleased His Majesty to summon His Peers and Commons of this His Realm to meet Him at Westminster in the last Parliament we accordingly then Chose You to Act on our behalf And being abundantly satisfied not only in Your Courage Integrity and Prudence in general but also in Your particular Care and faithful conscientious Endeavours 1. To assert our Right of Legal Petitioning for Redress of our just Grievances and to punish those who were studious to betray it 2. To secure the Meeting and Sitting of frequent Parliaments already by Law provided for for the preservation of our Lives Liberties and Estates and for the support of His Sacred Majesty and even of the Government it self 3. To Repeal the Act of the 35th of Elizabeth whereby all true Protestants might possibly in case of a Popish Successor from which God of his infinite Mercy defend us be liable to utter Ruine Abjuration and perpetual Banishment .4 To secure his Majesty's Royal Person the Protestant Religion and well Established Government of this Realm 5. To destroy and root out Popery 6. To use the most effectual means conducing to so good an End viz. The Exclusion of a a Popish Successor both by name and otherwise We have therefore now chosen you again to represent us in like manner in this Parliament called to be held at Oxford in full Trust and Confidence that with the same Courage and Integrity you will persevere in the same good Endeavours pursuing all things that by joynt consent of your Fellow-Members shall be found for our publick Good and Safety And in full assurance that you will not consent to the disposal of any of our Moneys till we are effectually secured against Popery and Arbitrary Power do resolve by Divine Assistance to stand by you therein The Address of the Gentry and Free-holders of the County of Suffolk to their Representatives Chosen the 14th of February 1680 1. presented to them by Sir Philip Skippon in the name and by consent of the rest of the Electors To the Honourable Sir Sam. Barnardiston and Sir Will. Spring Baronets Knights of the Shire for the County of Suffolk Gentlemen WE the Free-holders of this County having chosen you our Representatives in the last Parliament in which we had satisfactory Demonstration of your
Zeal for the Protestant Religion of your Loyalty to his Majesty's Person and Government and of your faithful Endeavours for the Preservation of the Laws our Rights and Properties we now return you our most hearty Thanks and have unanimously chosen you to represent this County at the Parliament to be holden at Oxford the 21st of March next And though we have not the least distrust of your Wisdom to understand or of your Integrity and Resolution to maintain and promote our common Interests now in so great hazard yet we think it meet at this time of imminent Danger to the King and Kingdom to recommend some things to your Care And particularly we do desire 1. That as hitherto you have so you will vigorously prosecute the Execrable Popish Plot now more fully discovered and proved by the Trial of William late Viscount Stafford 2. That you will promote a Bill for excluding James D. of York and all Popish Successors from the Imperial Crown of this Realm as that which under God may probably be a present and effectual means for the preservation of his Majesty's Life which God preserve the Protestant Religion and the well-established Government of this Kingdom 3. That you will endeavour the frequent meetings of Parliaments and their sitting so long as it shall be requisite for the dispatch of those great Affairs for which they are convened as that which is our only Bulwark against Arbitrary Power 4. That you will endeavour an happy and necessary Union amongst all his Majesty's Protestant Subjects by promoting those several good Bills which were to that end before the last Parliament And that till these things be obtained which we conceive necessary even to the Being of this Nation you will not consent to bring any Charge upon our Estates And we do assure you that we will stand by you with our Lives and Fortunes in Prosecution of the good ends before recited The Address of the Town of Hertford February 21. 1680 1. To the Right Worshipful Sir William Cooper Baronet and Sir Thomas Byde Knight WE the Free-men and Inhabitants of the Burrough of Hertford in the County of Hertford having unanimously Chosen You our Representatives to Sit in the next ensuing Parliament to be holden at Oxford the 21st of March next cannot but with all Thankfulness acknowledge your most faithful Endeavours and unwearied Pains in serving us in the last Parliament searching into and discovering the late damnable Hellish Popish Plot The preservation of His Majesty's Person the Protestant Religion and the well established Government of the Realm To secure the Meeting and Sitting of frequent Parliaments to assert our undoubted Right of Petitioning and to punish such who would have betrayed those Rights To promote a happy Union amongst all His Majesty's Protestant Subjects to Repeal the Act of the 35th of Queen Elizabeth and the Corporation Act and particularly for what Progress hath been made in the Bill of Exclusion of all Popish Successors the principal Cause of all the Miseries and Ruine impending these Kingdoms in general beseeching You as now our Representatives to prosecute the same good Ends and Purposes until the Nation shall be throughly secured against Popery and Arbitrary Power both in Church and State And further in imitation of the ever Renowned City of London We Request You in our behalf to present our humble Acknowledgements to the Right Honorable the Earl of Essex and by him to all the rest of those Right Honorable Peers for their late Excellent Petition and Advice to His Majesty and for all the rest of all their Faithfull Services and Endeavours they have performed for the Protestant Interest of the Nation The Address of the Gentry and Free-holders of the County of Essex To Sir Henry Mildmay and John Lemot Honeywood Esquire Unanimously Re elected Knights for the Shire Feb. 22. 1680 1. Gentlemen THe Faithful Discharge of that Trust we formerly gave You is the true Inducement of our Chusing You again to be our Representatives being abundantly satisfied not only in Your Care and Prudence in General but also in Your Particular Care and Unwearied Diligence in Your Conscientious Endeavours to secure His Majesty's Royal Person the Protestant Religion and Government of the Realm To Unite all His Majesty's Protestant Subjects To Repeal the Act of the 35th of Elizabeth To Assert our just and ancient Rights and Priviledges and particularly that of Petitioning and to punish those who were studious to betray them For Your two excellent Addresses and Publishing Your Votes Endeavouring to secure the Meeting and Sitting of Frequent Parliaments To destroy and root out Popery by securing us against all Popish Successors and particularly by passing a Bill against James Duke of York without which we are highly sensible that all other means will be ineffectual and the Peace and Safety of the Kingdom and government it self left in great danger it being inconsistent with our Oath by which we swear against the Pope's Supremacy whil'st a Popish King himself owns it and it being against the Essence of Government that People should obey him who by his Principles as a Papist is bound to destroy them And as we do heartily thank You for Your past worthy Behaviour herein so we have chosen You to Act on our behalf in the next Parliament to be holden at Oxford in full trust and considence that with Courage and Integrity You will persevere in the same good Endeavours pursuing all things that shall be found for our Publick Good and Safety And in full Assurance that You will not consent to the disposal of any of our Moneys till we are effectually secured against Popery and Arbitrary Power And untill the Fleet and Garisons are settled in the hands of such as are Persons of known Loyalty and Fidelity to the King and Kingdom and true Zeal and Affection for the Protestant Religion and we do resolve by Divine Assistance to stand by You therein with our Lives and Fortunes 'T is observable That this Address being openly read to their Representatives and confirm'd by the Unanimous and loud Acclamations of the Free-holders for further demonstration that it was the Sense of each individual person of that Numerous Assembly it was offered that so many as agreed to it should say Ay upon which they all cried out Ay Ay. And if any were otherwise minded they were desired to express their Dissent by saying No At which there was Altum Silentium not one to be heard saying No. The Address of the Gentry and other Free-holders of the County of Surrey being in number about 2000 Feb. 23. 1680 1. To Arthur Onslow and George Evelin Esquires elected Knights for this County in the ensuing Parliament whose Session is appointed at Oxon the 21st of the following Month. WE the Free-holders of the County of Surrey having in the two former Parliaments chosen you to be our Representatives and being fully satisfied in your Faithfullness and Care to preserve the Protestant Religion
next morning the draught being so much changed and interlined that many even of the most engaged in the Debate did not sufficiently understand it and though they took notes knew not precisely how it stood And this was indeed the Earls case in particular and the cause why in Voting he did forbear either to approve or disapprove His part in the debate was that in the entry of it he said that he thought as few Oaths should be required as could be and these as short and clear as possible That it was his humble opinion that a very small alteration in these Acts which had been used these twenty years might serve for it was manifest and he attested the whole Parliament upon it That the Oath of Allegiance and Declaration had effectually debarred all Fanaticks from getting into places of trust all that time It was true some Papists had swallowed the Oath of Allegiance and therefore a word or two only of addition to guard against them was all he judged necessary And there after where in the close of the Act The Kings Sons and Brothers were intended to be dispensed with from taking the Test he opposed the exception and said it was our happiness that King and People were of one Religion and that they were so by Law That he hoped the Parliament would do nothing to loose what was fast nor open a gap for the Royal Family to differ in Religion their example was of great consequence one of them was as a thousand and would draw the more followers if once it appeared to the people that it were honourable and a priviledge to be of another Religion And therefore he wished if any exception were it might be particular for his Royal Highness but his Highness himself opposing this the Earl concluded with his fear that if this exception did pass it would do more hurt to the Protestant Religion than all the rest of that Act and many other Acts could do good Whilst these Acts about Religion were in agitation his Highness told the Earl one day in private to beware of himself for the Earl of Errol and others were to give in a Bill to the Parliament to get him made liable to some debts they pretended to be Cautioners in for his Father and that those that were most forward in His Majesties service must be had a care of The Earl â—aid he knew there was no ground for any such Bill and he hoped neither the Earl of Errol nor any other should have any advantage of him upon any head relating to His Majesties service His Highness told others likewise he had given the Earl good advice But shortly after the above-mentioned debates there were two Bills given into the meeting of the Articles against the Earl one by the Earl of Errol the other by His Majesties Advocate who alledged he did it by command for otherwise he acknowledged it was without his line The Earl of Errol's claim was that the Earl of Argyle might be declared liable to relieve him and others of a debt wherein they alledged they stood bound as Cautioners for the late Marquess of Argyle the Earl's Father To which the Earl answered that he had not got his Fathers whole Estate but only a part of it and that expressly burdened with all the debts he was liable to pay whereof this pretended debt was none and that the Marquess of Huntly who at that time was owing to the Marquess of Argyle 35000 l. Sterl had got 4000 l. Sterl of yearly Rent out of the Marquess of Argyle's forfaulture without the burden of any debt so that both by Law and Equity the Earl could not be liable the Marquess of Huntly and not he having got that which should bear this relief and which should indeed have payed the far greatest part of the Marquess of Argyle's debt the same having been undertaken for Huntly by Argyle either as Cautioner for Huntly or to raise money to pay his debt Besides that the Earl of Errol can never make it appear that he or his Predecessors were bound for the Marquess of Argyle in the third part of the sums he acclaims yet some were much inclined to believe Errol on his bare assertion His Majesties Advocates claim was to take from the Earl his heritable Offices of Sheriff c. especially that of Justice-General of Argyle-Shire the isles and other places which last is nevertheless only a part of the general Justitiary of all Scotland granted to his Predecessors some hundred of years ago for honourable and onerous causes and constantly enjoyed by them until expressly surrendered in his late Majesties hands for a new Grant of the above-mentioned Justitiary of Argyle c. And this new Grant was also confirmed by many Acts of Parliament and particularly by His Majesties Royal Father of Blessed Memory in the Parliament holden by him Anno 1633. As likewise by His Majesty that now is whom God long preserve his new Gift and Charter after several Debates before him in Anno 1663. and 1672. Which new Gifts and Charters were again ratified by a special instruction from His Majesty in the Parliament 1672. So that albeit several late Gifts of Regality granted to the Marquess of Athol Marquess of Queensberry and others may be questioned because granted since the Acts of Parliament discharging all such Gifts in time coming yet the Earl of Argyl's rights are good as being both of a far different nature and granted long before the said Acts of Parliament and in effect the Earl his rights are rather confirmed by these prohibitive Acts because both anterior to and excepted from them as appears by the Act Salvo Jure 1633. Wherein the Earls rights are particularly and fully excepted in the body of the printed Act. When these things appeared so plain as not to be answered It was alledged that upon the forfaulture of the late Marquess of Argyl his Estate was annexed to the Crown and so could not be gifted to the Earl by His Majesty wherein they soon discovered a design to forfault him if any pretence could be found But the Act of Forfaulture being read and containing no such thing but on the contrary a clear power left to His Majesty to dispose of the whole and the Earl telling them plainly that these that were most active to have his Father forfaulted were very far from desiring his Estate to be annexed to the Crown seeing it was in expectation of Gifts out of it they were so diligent that pretence of the annexation was past from but yet the design was no wise given over for there was a proposition made and a Vote carried in the Articles that a Committee should be appointed with Parliamentary power to meet in the intervals of Parliament to determine all controversies could be moved against any of the Earls rights Which was a very extraordinary device and plainly carried by extraordinary influences Upon this the Earl applyed to the Parliament where this Vote was to be
brought and having informed the Members of his right and the consequences of such a new Judicature he had good hope to get the Vote ranversed when his Royal Highness on second thoughts judged it fit to put a stop to it and excused himself Saying It was his not being acquainted and but lately in affairs had made him go along with it for he found it did plainly impugn His Majesties prerogative and might be of ill consequence and indeed it is plain enough Iâ— would have exposed the Marquess of Huntly's gift which proceeded on the same forfaulture as well as the Earl of Argyl's to the same and far greater hazard as some came to be sensible when they heard all You see here at what rate the Earl was pursued and on what grounds before his taking of the Test came in hand After the Parliament was adjourned there was a new design to apply to His Majesty for a Commission of the same nature for reviewing all the Earls rights and to deprive him of his heritable Offices and if possible to burden him with more Debts then his Estate was worth Upon which the Earl waited on his Highness and informed him more particularly offering to make it appear by unquestionable rights and evidences that his Estate was not subject to any such review as was intended and that it might breed the Earl great trouble but could have no effect in Law To which his Highness Answered That a review could do no hurt The Earl said If a Commission for a review were granted something must be intended and something must be done and it was very like that some of these put into such a Commission would be his Enemies at least small Friends and therefore intreated that if any intended to quarrel his rights they and he and all their debates might be remitted to the Ordinary Judicatories And indeed he had reason to desire it might be so the Ordinary Judicatories being established by the ancient Laws of the Kingdom not in order or with respect to particular Causes and Persons but for the general equal and impartial administration of Justice to all Whereas the granting particular Commissions for Trying and Judging such and such Cases and Persons cannot but expose to the just contrary inconveniences there being certainly a vast difference betwixt a Mans finding a Judge indifferently constitute and his having one expresly and particularly appointed for his single affair who might possibly think himself Commissionate rather to serve a turn in an arbitrary way then to administer fair Justice But all this prevailed not Only his Highness said The Commission should not be expede until the Earl knew the Names of the Persons insert in it Whereunto the Earl Answered That there might be many Persons against whom he could make no legal exception whom yet he might have very good reason to decline to be his particular Judges and to have his rights taken from the ordinary Judges and committed to their examination and all he might possibly gain by excepting would be to irritate Adding that as to his heritable Offices he had undoubtedly right to them and they were rather honourable then of advantage that his family had them for faithful services to the Crown and because they had served more faithfully then their Neighbours and been more useful then others in keeping the Country in peace from Thieves and Robbers therefore all the broken Men and their Patrons were Enemies to him and his Family and desirous to have these Offices out of his hand but he resolved to do as he had always done to put himself in His Majesties will and if His Majesty were resolved to have back all heritable Offices and should think fit after hearing him to have back his His Majesty should have them either freely or for a just value For though they rendered the Earl no free yearly Rent as the Earl used them yet he might be a sufferer in the want of them if the Country were left open to Thieves and Robbers which he hoped His Majesty would repair His rights as he had said in Parliament were unquestionable and often times confirmed Yet he was willing to surrender them all on his knee to His Majesty but was not willing to have them torn from him with an affront by any other Upon this his Highness was pleased to allow the Earl a time to go to the Country to bring his Papers and he was put in hopes no Commission should pass till his return which was indeed observed In the mean time the Earl did writ to the Earl of Murray His Majesties Secretary that he might have leave to wait upon His Majesty which His Majesty did graciously and readily grant The Earl purposing at his return to Edenburgh to beg the same favour of his Highness But he found this motion more fatal to him then he could have at first expected so innocent a design could prove For it was at first told him he could not have access to kiss His Majesties hand without taking the Test then it dropt out that it was ill taken His Majesty was at all addressed to for leave to kiss his hand And at length it became plain that taking the Test would not clear the way As the Earl was on his return to Edinburgh to wait upon his Highness and come the length of Glasgow he got the news that the late President of the Session and He were both turned out of it and at his arrival at Edinburgh several meetings of Council were appointed only to occasion his taking of the Test But the Earl having gone some miles out of Town was not present At last a meeting of the Council was appointed expresly and one of the Clerks ordered to warn the Earl particularly to be present whereof the Earl being advertised before the Clerk came to him he waited on his Highness and had the honour of an opportunity after Supper to speak to his Royal Highness in his Bed-chamber The Earl told his Highness he was now returned to make good his word and to shew those Writts and Rights he had promised But Sir said the Earl I have heard by the way of alterations and that I am turn'd out of the Session His Highness said it was so The Earl asked what next His Highness said he knew no more The Earl said he had never sought that nor any place and he knew that place was at His Majesties dispose and it might soon be better filled But said the Earl if it be to express a frown it is the first I have had from His Majesty this Thirty years I know I have Enemies but they shall never make me alter my Duty and Resolution to serve His Majesty I have served His Majesty in Arms and in his Judicatures when I knew I had Enemies on my right hand and on my left and I will do so still But if any have power to render His Majesty or your Highness jealous of me it will make my Service
if he were judged a Refuser he submitted but could conceive no greater danger in the matter for he had served His Majesty faithfully within doors and was resolved to do so without doors and so he made his obeisance and went out Next morning being Saturday November 5. The Earl waited on his Royal Highness and mongst other things told his Highness he was strangely surprised that the saying He could not bind up himself in his station and in a lawful way c. as was contained in that Paper was lookt on as a Crime seeing he had said the same words to his Highness formerly in private without any offence to which His Highness gave no answer hut held his peace which made the Earl make bold to put him to remember his own words and to ask him what he had said when the Earl formerly spoke to him Then His Highness was pleased to say he had forgot what he had said To which the Earl answered the worse indeed for me But Sir here are the same words I formerly said without offence what says Your Highness now What ill is in them Let me know and I will vindicate my self And all his Highness at this Second time said was what hath been above remarked That they were unnecessary words that the Earl scrupled needlesly that he was not tyed up by that Oath as he imagined And after a pause added As I have already told you Well you have cheated your self you have taken the Test To which the Earl replyed he hoped then his Highness was satisfied as above his Highness then began to complain that the Earl the little while he sat in Council after he had taken the Oath had not gone along to approve the Councils explanation The Earl said he had not heard the debate And therefore it was reasonable to excuse him from Voting His Highness returned a little warmly that the Earl knew the Case well enough which indeed was not unlike and yet not at all strange that the Earl could not Vote for that explanation seeing he could not but know the Parliament did intend the Confession should be Sworn And that he himself had taken it in that sense as all others had done before that explanation past in Council but the Earl replying nothing his Highness continued That the Earl and others bad designed to bring trouble upon an handful of poor Catholicks that would live peaceably however they were used but it should light upon others A little after His Highness commanded the Earl not to go out of Town till he waited on him which the Earl said he should obey But notwithstanding thereof one of the Clerks of the Council was sent to the Earl that same night late to intimate to him not to go out of Town till the Council should sit upon the Tuesday thereafter Upon Monday the Seventh of November the Earl waited on His Highness again and told him he was surprised to get such a message from the Council after His Highness had laid his own Commands upon him and asked what the Councils meaning could be His Highness was pleased to say he knew nothing but referred all to themselves at their meeting Upon Tuesday the Eight of November when the Council met without ever calling the Earl an Order was sent to him by one of their Clerks to enter himself Prisoner in the Castle of Edinburgh before Twelve of the Clock the next day with a warrant to the Deputy Governour to keep him Prisoner wherein the word Sure-firmance was struck out which appeared to have been fairly writ This Order the Earl received and obeyed it with great submission entering all alone in an Hackney-Coach And when some of his Relations and Persons of quality offered to go along with him he refused saying that if he were pursued at the instance of any other he would accept of their civility but seeing he was pursued at the instance of His Majesties Advocate he would go in the most humble way that he could think on and have no body concerned but himself But all this did not hinder the Council to write to his Majesty the Letter hereafter insert giving Judgment before Tryal without any hearing and seeking leave to proceed to a process which they likewise proceeded in before any return came as likewise about the very Date of this Letter they emitted their explanation of the Test Albeit in their Letter they assert That they had been very careful not to suffer any to take the Test with glosses and explanations The Earl some days after his entering Prisoner into the Castle of Edinburgh did write a Letter to his Royal Highness telling him that he had obeyed his Highness and the Councils Order in entering Prisoner in that place that he had not written sooner least he might be thought too impatient of his punishment which appeared to be the effects of an high displeasure which he hoped he no wise deserved that he was resolved to continue in all duty and obedience to His Majesty and his Royal Highness and never to fail in any profession thereof he had made and begged to know what satisfaction was expected and where and how he might live with his Highness favour This Letter at First seemed to please and the Earl heard it did but the only answer directly returned was Summonds charging the Earl with leasing making and depraving of Laws before any return from His Majesty And after a return came another Summonds with sound of Trumpet containing Perjury and Treason added to the former crimes Notwithstanding all which fair weather was made and it was given out and likewise intimated to the Earl by a particular message from one of the Club that no more was designed but to humble the Earl and to take his heritable and other Offices from him and his Family and when his Highness was told it was hard measure by such a process and on such pretensions to threaten Life and Fortune his Highness said Life and Fortune God forbid What happened after these things and how the process was carried on follows now in order And for your more clear and distinct information I have sent you several very necessary and useful Papers with Indexes on the Margin pointing at such Passages as more remarkably concern this affair The TEST Containing the Oath to be taken by all Persons in publick Trust I Solemnly Swear in the presence of the Eternal God whom I invoke as Judge and Witness of the sincere intention of this my Oath That I own and sincerely profess the true Protestant Religion contained in the Confession of Faith Recorded in the first Parliament of King James the VI and that I believe the same to be founded on and agreeable to the written Word of God And I promise and swear That I shall adhere thereunto ☞ during all the days of my Life time and shall endeavour to Educate my Children therein And shall never consent to any change or alteration contrary thereto and
Highness c. Montrose Errol Marshall Marr Glencarne Winton Linlithgow Perth Strathmore Roxburgh Queensberry Airley Kintore Breadalbane Lorne Levingston Bishop of Edinburgh Elphinston Rosse Dalziel Treasurer Deputy Praeses Advocate Justice Clerk Collinâ—oun Tarbet Haddo Lundie This day the Test was subscribed by the above-written Privy-Councellors and by the Earl of Queensberry who coming in after the rest had taken it declared that he took it with the Explication following The Earl of Queensberries Explanation of the Test when he took it HIS Lordship declared that by that part of the Test That there lies no obligation to endeavour any change or alteration in the Government c. He did not understand himself to be obliged against Alterations in case it should please His Majesty to make alterations of the Government of Church or State HALYRVDEHOVSE Sederunt vigesimo primo Die Octobris 1681. His Royal Highness c. Winton Perth Strathmore Queensberry Ancram Airley Lorne Levingston Bishop of Edinburgh Treasurer Deputy Praeses Register Advocate Collintoun This day the Bishop of Edinburgh having drawn up a long Explication of the Test to satisfie the many Objections and Scruples moved against it especially by the conformed Clergy presented it to the Council for their Lordships Approbation which was ordered to be read but the Paper proving prolix and tedious his Highness after reading of a few Leaves interrupted saying very wittily and pertinently That the first Chapter of John with a Stone will chase away a Dog and so break it off Yet the Bishop was afterward allowed to print it if he pleased Sederunt quarto Die Novembris 1681. His Royal Highness c. Montrose Praeses Perth Ancram Levingston President of Session Advocate Winton Strathmore Airley Bishop of Edinburgh Treasurer Deputy Lundie Linlithgow Roxburgh Balcaras Esphynstoun Register This day the Eari of Argyle being about to take the Test as a Commissioner of the Treasury and having upon Command produced a Paper bearing the sense in which he took the Test the precedeing day and in which he would take the same as a Commissioner of the Treasury Upon consideration thereof it was resolved that he cannot sit in Council not having taken the Test in the sense and meaning of the Act of Parliament and therefore was removed The Earl of Argyle's Explication of the Test when he took it I Have considered the Test and I am very desirous to give obedience as far as I can I 'm confident the Parliament never intended to impose contradictory Oaths Therefore I think no Man can explain it but for himself Accordingly I take it as far as it is consistent with it self and the Protestant Religion And I do declare That I mean not to bind up my self in my station and in a lawful way to wish and endeavour any alteration I think to the advantage of Church or State not repugnant to the Protestant Religion and my Loyalty And this I understand as a part of my Oath But the Earl finding as hath been narrated this his Explication though accepted and approven by his Highness and Council the day before to be this day carped and offended at and advantages thereupon soughtand designed against him did immediately draw up the following Explanation of his Explication and for his own vindication did first communicate it to some privately and thereafter intended to have offered it at his Trial for clearing of his defences The Explanation of his Explication I Have delayed hitherto to take the Oath appointed by the Parliament to be taken by the first of January next But now being required near two Months sooner to take it this day peremptorily or to refuse I have considered the Test and have seen several Objections moved against it especially by many of the Orthodox Clergy notwithstand whereof I have endeavoured to satisfie my self with a just Explanation which I here offer that I may both satisfie my conscience and obey Your Highness and Your Lordships commands in taking the Test though the Act of Parliament do not simply command the thing but only under a Certification which I could easily submit to if it were with Your Highness favour and might be without offence but I love not to be singular and I am very desirous to give obedience in this and every thing as far as I can and that which clears me is that I am confident what ever any Man may think or say to the prejudice of this Oath the Parliament never intended to impose contradictory Oaths and because their sense they being the framers and imposers is the true sense and that this Test injoyned is of no private interpretation nor are the Kings Statutes to be interpreted but as they bear and to the intent they are made Therefore I think no Man that is no private Person can explain it for another to amuse or trouble him with it may be mistaken glosses But every Man as he is to take it so is to explain it for himself and to endeavour to understand it notwithstanding all these exceptions in the Parliament which is its true and genuine sense I take it therefore notwithstanding any scruple made by any as far as it is consistant with it self and the Protestant Religion which is wholly in the Parliaments sense and their true meaning which being present I am sure was owned by all to be the securing of the Protestant Religion founded on the Word of God and contained in the Confession of Faith Recorded J. 6 p. 1. c. 4. And not out of scruple as if any thing in the Test did import the contrary but to clear my self from all cavils as if thereby I were hand up further then the true meaning of the Oath I do declare that by that part of the Test that there lies no obligation on me c. I mean not to bind up my self in my station and in a lawful way still disclaiming all unlawful endeavours to wish and endeavour any alteration I think according to my conscience to the advantage of Church or State not repugnant to the Protestant Religion and my Loyalty and by my Loyalty I understand no other thing then the words plainly bear to wit the duty and allegiance of all Loyal Subjects and this explanation I understand as a part not of the Test or Act of Parliament but as a qualifying part of my Oath that I am to Swear and with it I am willing to take the Test 〈◊〉 Your Royal Highness and Your Lordships allow me or otherwise in submission to Your High 〈◊〉 and the Councils pleasure I am content to be held as a refuser at present The Councils Letter to His Majesty Concerning their having committed the Earl of Argyle May it please your Sacred Majesty THE last Parliament having made so many and so advantageous Acts for securing the Protestant Religion the Imperial Crown of this Kingdom and Your Majesties Sacred Person whom God Almighty long preserve and having for the last and as the best way
for securing all these appointed a Test to be taken by all who should be entrusted with the Government which bears expresly That the same should be taken in the plain and genuine sense and meaning of the words We were very careful not to suffer any to take the said Oath or Test with their own Glosses or Explications But the Earâ— of Argyle having after some delays come to Council to take the said Oath as a Privy-Councellor spoke some things which were not then heard nor adverted to and when his Lordship at his next offering to take it in Council as one of the Commissioners of Your Majesties Treasury was commanded to take it simply he refused to do so but gave in a Paper shewing the only sense in which he would take it which Paper we all considered as that which had in it gross and scandalous Reflections upon that excellent Act of Parliament making it to contain things contradictory and inconstant and thereby depraving Your Majesties Laws misrepresenting Your Parliament and teaching Your Subjects to evacuate and disappoint all Laws and Securities that can be enacted for the preservation of the Government suitable to which his Lordship declares in that Paper That he means not to bind up himself from making any alterations he shall think fit for the advantage of Church or State and which Paper he desires may be looked upon as apart of his Oath as if he were the Legislator and able to add a part to the Act of Parliament Upon serious perusal of which Paper we found our selves obliged to send the said Earl to the Castle of Edinburgh and to transmit the Paper to Your Majesty being expresly obliged to both these by Your Majesties express Laws And we have commanded your Majesties Advocate to raise a pursuit against the said Earl for being Author and having given in the said Paper And for the further prosecution of all relating to this Affair we expect Your Majesties Commands which shall be most humbly and faithfully obeyed by Edinburgh Nov. 8. 1681. Your Majesties most Humble most Faithful and most Obedient Subjects and Servants Sic Subscribitur Glencairne Winton Linlithgow Perth Roxburgh Ancram Airlie Levingstoun Jo. Edinburgen Ross Geo. Gordoun Ch. Maitland G. Mekenzie Ja. Foulis J. Drumond Novemb. 15. 1681. The Kings Answer to the Councils Letter C. R. MOst dear c. Having in one of your Letters directed unto us of the 8. Instant received a particular account of the Earl of Argyle's refusing to take the Test simply and of your proceedings against him upon the occasion of his giving in a Paper shewing the only sense in which he will take it which had in it gross and scandalous Reflections upon that excellent late Act of our Parliament there by which the said Test was enjoyned to be taken we have now thought fit to let you know that as we do hereby approve these your Proceedings particularly your sending the said Earl to our Castle of Edinburgh and your commanding our Advocate to raise a Pursuit against him for being Author of and having given in the said Paper so we do also authorize you to do all things that may concern the further prosecution of all relating to this Affair Nevertheless it is our express Will and Pleasure That before any Sentence shall be pronounced against him at the Conclusion of the Process you send us a particular account of what he shall be found guilty of to the end that after our being fully informed thereof we may signifie our further pleasure in this matter For doing whereof c. But as notwithstanding the Councils demanding by their Letter His Majesties allowance for prosecuting the Earl they before any return caused His Majesties Advocate to exhibit an Indictment against him upon the points of slandering and depraving as hath been already remarked so after having received His Majesties answer the design grows and they thought fit to order a new Indictment containing beside the former points the Crimes of Treason and Perjury which accordingly was exhibited and is here subjoyned the difference betwixt the two Indictments being only in the particulars above noted The Copy of the Indictment against the Earl of Argyle Archibald Earl of Argyle YOU are Indicted and Accused That albeit by the Common Law of all well-govern'd Nations and by the Municipal Laws and Acts of Parliament of this Kingdom and particularly by the 21st and by the 43d Act Par. 2 James 1. and by the 83d Act Par. 6. James 5. and by the 34th Act Par. 8. James 6. and the 134th Act Par. 8. James 6. and the 205th Act Par. 14. James 6. All Leasing-makers and tellers of them are punishable with tinsel of Life and Goods like as by the 107th Act Par. 7. James 1. it is statuted That no man interpret the Kings Statutes otherwise than the Statute bears and to the intent and effect that they were made for and as the makers of them understood and who so does in the contrary to be punished at the Kings will And by the 10th Act Par. 10. James 6. it is statuted That none of His Majesties Subjects presume or take upon him publickly to declare or privately to speak or write any purpose of reproach or slander of His Majesties Person Estate or Government or to deprave his Laws or Acts of Parliament or misconstrue his proceedings whereby any mistaking may be moved betwixt his Highness his Nobility and loving Subjects in time coming under pain of death certifying them that does in the contrary they shall be reputed as seditious and wicked Instruments enemies to his Highness and to the Commonwealth of this Realm and the said pain of death shall be executed against them with all rigour to the example of others And by the second Act Ses 2. Par. 1. Char. 2. it is statuted That whosoever shall by Writing Libelling Remonstrating express publish or declare any words or sentences to stir up the people to the dislike of His Majesties Prerogative and Supremacy in causes Ecclesiastick or of the Government of the Church by Archbishops and Bishops as it is now settled by Law is under the pain of being declared incapable to exercise any Office Civil Ecclesiastick or Military within this Kingdom in any time coming Like as by the fundamental Laws of this Nation by the 130th Act Par. 8. James 6. it is declared That none of His Majesties Subjects presume to impugn the Dignity or Authority of the three Estates or to procure innevation or diminution of their Power and Authority under the pain of Treason And that it is much more Treason in any of His Majesties Subjects to presume to alter Laws already made or to make new Laws or to add any part to any Law by their own Authority that being to assume the Legislative Power to themselves with His Majesties highest and most incommunicable Prerogative Yet true it is that albeit His Sacred Majesty did not only bestow on you the said Archibald Earl of Argyle
was abroad 1647 1648 and till the end of 1649. My first appearance in the World was to serve His Majesty as Collonel in his Foot-Guards and tho at that time all the Commissions were given by the then Parliament yet I would not serve without a Commission from His Majesty which I have still the Honour to have by me After the misfortune of Worcester I continued in Arms for His Majesties Service when Scotland was over-run with the Usurpers and was alone with some of my Friends in Arms in the Year 1652. and did then keep up some appearance of opposition to them And General Major Dean coming to Argyleshire and planting several Garrisons he no sooner went away but we fell upon the Garrisons he had left and in one day took two of them and cut off a considerable part of a third and carried away in all about three hundred Prisoners And in the end of that year I sent Captain Shaw to His Majesty with my humble Opinion how the War might be carried on who returned to me with Instructions and Orders which I have yet lying by me After which I joyned with those His Majesty did Commissionate and stood out till the last that the Earl of Middleton His Majesties Lieutenant General gave me Orders to Capitulate which I did without any other Engagements to the Rebels but allowing persons to give Bail for my living peaceably and did at my Capitulating relieve several Prisoners by exchange whereof my Lord Granard out of the Castle of Edinburgh was one It is notarly known that I was forefaulted by the Usurpers who were so jealous of me that contrary to their Faith within eight months after my Capitulation upon pretence I keep'd Horses above the value they seized on me and keeped me in one Prison after another till His Majesties happy Restauration and this only because I would not engage not to serve His Majesty tho there was no Oath required I do with all gratitude acknowledge His Majesties goodness bounty and Royal favours to me when I was pursued before the Parliament in the year 1662. His Majesty was graciously pleased not to send me here in any opprobrious way but upon a bare verbal Parole upon which I came down Post and presented my self a Fourthnight before the day Notwithstanding whereof I was immediately clapt up in the Castle but having satisfied His Majesty at that time of my entire Loyalty I did not offer to plead by Advocates And His Majesty was not only pleased to pardon my Life and to restore me to a Title and Fortune but to put me in trust in his Service in the most eminent Judicatories of this Kingdom and to heap favours upon me far beyond what ever I did or can deserve tho I hope His Majesty hath always found me faithful and thankful and ready to bestow all I have or can have for his Service And I hope never hath had nor ever shall have ground to repent any favour he hath done me And if I were now really guilty of the Crimes libelled I should think my self a great Villain The next occasion I had to shew my particular zeal to His Majesties Service was in Anno 1666. when the Insurrection was made that was represt at Pentland-Hills At the very first the intercourse betwixt this place and me was stopt so that I had neither Intelligence nor Orders from the Council nor from the General but upon a Letter from the now Archbishop of St. Andrews telling me there was a Rebellion like to be in the three Kingdoms and bidding me beware of Ireland and Kintyre I brought together about two thousand men I seized all the Gentlemen in Kintyre that had not taken the Declaration tho I found them peaceable And I sent a Gentleman to General Dalziel to receive his Orders who came to him just as they were going to the Action at Pentland and was with him in it and I kept my men together till his return And when I met with considerable trouble from my Neighbours rebelliously in Arms and had Commissions both on publick and private accounts have I not carried dutifully to His Majesty and done what was commanded with a just moderation which I can prove under the hands of my enemies and by many infallible demonstrations Pardon me a few words Did I not in this present Parliament shew my readiness to serve His Majesty and the Royal Family in asserting vigorously the lineal legal Succession of the Crown and had a care to have it exprest in the Commissions of the Shires and Burghs I had interest in Was I not for offering proper Supplies to His Majesty and his Successor And did I not concur to bind the Landlords for their Tenants altho I was mainly concerned And have I not always kept my Tenants in obedience to His Majesty I say all this not to arrogate any thing for doing what was my Honour and Duty to His Majesty but if after all this upon no other ground but words that were spoken in absolute innocence and without the least design except for clearing my own Conscience and that are not capable of the ill sense wrested from them by the Libel I should be further troubled what assurance can any of the greatest Quality Trust or Innocence have that they are fecure Especially considering that so many Scruples have been started as all know not only by many of the Orthodox Clergy but by whole Presbyteries Synods and some Bishops which were thought so considerable that an eminent Bishop took the pains to write a Treatise that was read over in Council and allowed to be Printed and a Copy given to me which contains all the expressions I am charged for and many more that may be stretched to a worse sense Have I not shewed my zeal to all the ends of the Test How then can it be imagined that I have any sinister design in any thing that I have said If I had done any thing contrary to it all the course of my life which I hope shall not be found yet one act might pretend to be excused by a habit But nothing being questioned but the sense of words misconsirued to the greatest height and stretched to imaginary insinuations quite contrary to my scope and design and so far contrary not only to my sense but my principles Interest and duty That I hope my Lord Advocate will think he hath gone too far on in this Process and say plainly what he knows to be truth by his acquaintance with me both in publick and private viz. That I am neither Papist nor Fanatick but truly loyal in my principles and practices The hearing of this Libel would trouble me beyond most of the sufferings of my Life if my innocence did not support me and the hopes of being vindicated of this and other Calumnies before this publick and Noble Auditory I leave my Defences to these Gentlemen that plead for me they know my innocence and how ground less that Libel
eminence and worth And I here shall set it under my Hand to witness against all my Informers that none did with more passion nor shall with more continued zeal witness themselves to be true Honourers of you than he who desires infinitely to be esteemed My Lord Your most Humble Servant GLENCAIRN What I cannot well write I hope this discreet Gentleman will tell you in my Name and I shall only beg leave to say that I am your most Noble Ladies Humble Servant After the reading of which order and letters which yet the Court refused to record The Earl's Advocate or Council Sir George Lockhart said in his defence as follows Sir George Lockhart 's Argument and Plea for the Earl of Argyle SIR George Lockhart for the Earl of Argyle alledgeth That the Libel is not Revelant and whereupon he ought to be but to the knowledge of an Inquest For It is alledged in the general That all Criminal Libels whereupon any persons Life Estate and Reputation can be drawn in question should be founded upon clear positive and express Acts of Parliament and the matter of Fact which is libelled to be the Contravention of those Laws should be plain clear and direct Contraventions of the same and not argued by way of Implications and Inferences Whereas in this Case neither the Acts of Parliament founded upon and libelled can be in the least the foundation of this Libel nor is the Explication which is pretended to be made by the Pannel at the time of the taking of his Oath if considered any Contravention of those Laws which being premised and the Pannel denying the Libel as to the whole Articles and Points therein contained it is alledged in special That the Libel in so far as it is founded upon the 21st Chap. Stat. 1. Robert 1. and upon 83d Act Par. 6. James 5. the 43d Act Par. 2. James 1. and upon the 83d Act Par. 10. James 5. and upon 84th Act Par. 8. James 6. and upon the 10th Act Par. 10. James 6. and upon the 2d Act Par. 1. Ses 2. of His Sacred Majesty and inferring thereupon That the Pannel by the pretended Explication given in by him to the Lords of His Majesties Privy-Council as the sense of the Oath he had taken doth commit the Crime of Leasing-making and depraving His Majesties Laws The Inference and subsumption is most unwarrantable and the Pannel tho any such thing were acknowledged or proved can never be found guilty of contraveening these Acts of Parliament In respect it is evident upon perusal and consideration of these Acts of Parliament that they only concern the case of Leasing-making tending to Sedition and to beget Discord betwixt His Majesty and His Subjects and the dislike of His Majesties Government and the reproach of the same And the said Laws and Acts of Parliament were never understood or libelled upon in any other Sense And all the former Acts of Parliament which relate to the crime of Leasing-making in general terms and under the qualification foresaid as tending to beget discord betwixt his Majesty and his Subjects are explained and fully declared as to what is the true meaning and import thereof by the 134th Act Par. 8. James 6. which relates to the same Crime of Leasing-making and which is expresly described in these terms To be wicked and licentious publick and private Speeches and untrue Calumnies to the disdain and contempt of His Majesties Council and Proceedings and to the dishonour and prejudice of his Highness and his Estate stirring up his Highness's Subjects to misliking and Sedition and unquietness which being the true sense and import of the Acts of Parliament made against Leasing-makers there is nothing can be inferred from the Pannel's alledged Explication which can be wrested or construed to be a Contravention of these Laws In respect First It is known by the whole tenor of his Life and graciously acknowledged by His Sacred Majesty by a Letter under His Royal Hand that the Pannel did ever most zealously vigorously and faithfully promote and carry on His Majesties Service and Interest even in the worst and most difficult times Which is also acknowledged by a Pass under the Earl of Middleton's hand who had then a special Commission from His Majesty for carrying on His Majesties Service in this Kingdom as Lieutenant General under His Majesty and by a Letter under the Earl's hand of the dateâ— both which do contain high expressions of the Pannels Loyalty and of the great Services he had performed for His Majesties interest and His Majesty as being conscious thereof and perfectly knowing the Pannels Loyalty and his zeal and faithfulness for his Service did think fit to entrust the Pannel in Offices and Capacities of the greatest trust of the Kingdom And it is a just and rational presumption which all Laws makes and infers That the words and expressions of persons who by the tenor and course of their Lives have expressed their Duty and Loyalty to His Majesties Interest are ever to be interpreted and understood in meliorem partem And by way of Implication and Inference to conclude and and infer crimes from the same which the user of such words and expressions never mean'd nor designed is both unreasonable and unjust 2. As the foresaid Acts of Parliament made against Leasing makers and depravers of His Majesties Laws only proceed in the terms aforesaid where the words and speeches are plain tending to beget discord between the King and his Subjects and to the reproach and dislike of his Government and when the same are spoke and vented in a subdolous pernicious and fraudulent manner So they never were nor can be understood to proceed in the case of a person offering in the presence of a publick Judicature whereof he had the honour to be a Member his sincere and plain meaning and apprehension of what he conceived to be the true sense of the Act of Parliament imposing and enjoyning the Test There being nothing more opposite to the Acts of Parliament made against Leasing-making and venting and spreading abroad the same upon seditious designs than the foresaid plain and open declaration of his sense and apprehension what was the meaning of the said Act of Parliament And it is of no import to infer any crime and much less any of the crimes libelled albeit the Pannel had erred and mistaken in his apprehension of the Act of Parliament And it were a strange extention of the Act of Parliament made against Leasing-makers requiring the qualifications foresaid and the Acts against depraving His Majesties Laws to make the Pannel or any other person guilty upon the mistakes and misapprehensions of the sense of the Laws wherein men may mistake and differ very much and even eminent Lawyers and Judges So that the Acts of Parliament against Leasing making and depraving His Majesties Laws can only be understood in the express terms and qualifications foresaid Like as it neither is libelled nor can be proven that
depraving His Majesties Laws For if such Foundations were laid Judges and Lawyers had a dangerous employment there being nothing more ordinary than to fall into differences and mistakes of the sense and meaning of the Laws and Acts of Parliament But such Crimes cannot be inferred but with and under the qualifications above mentioned of malicious and perverse designs joyned with licentious wicked and reproachful speeches spread abroad to move Sedition and dislike of the Government And the said Laws were never otherwise interpreted nor extended in any case And therefore the Explication libelled neither as taken complexly nor in the several expressions thereof nor in the design of the ingiver of the same can in Law import against him all or any of the Crimes libelled In like manner the Pannel conjoyns with the grounds above-mentioned the Proclamation issued forth by His Majesties privy Council which acknowledges and proceeds upon a Narrative that scruples and jealousies were raised and spread abroad against the Act of Parliament enjoyning the Test For clearing and satisfaction whereof the said Proclamation was issued forth and is since approved by His Sacred Majesty The Kings Advocates Argument and Plea against the Earl of Argyle HIS Majesties Advocate for the foundation of his Debate does represent That His Majesty to secure the Government from the Rebellious Principles of the last Age and the unjust Pretexts made use of in this from Popery and other Jealousies as also to secure the Protestant Religion and the Crown called a Parliament and that the great security resolved on by the Parliament was this excellent Test in which that the old jugling Principles of the Covenant might not be renewed wherein they still swore to serve the King in their own way the Parliament did positively ordain That this Oath should be taken in the plain genuine meaning of the words without any evasion whatsoever Notwithstanding whereof the Earl of Argyle by this Paper does invent a new way whereby no man is at all bound to it For how can any person be bound if every man will only obey it as far as he can and as far as he conceives it consistent with the Protestant Religion and with it self and reserve to himself notwithstanding thereof to make any alteration that he thinks consistent with his Loyalty And therefore His Majesties Advocate desires to know to what the Earl of Argyle or any man else can be bound by this Test what the Magistrate can expect or what way he can punish his Perjury For if he be bound no farther than he himself can obey or so far as this Oath is consistent with the Protestant Religion or it self quomodo constat to whom or what is he bound And who can determine that Or against what alteration is the Government secured since he is Judg of his own alteration So that that Oath that was to be taken without any evasion is evaded in every single word or Letter and the Government as insecure as before the Act was made because the taker is no farther bound than he pleases From which it cannot be denied but his Interpretation destroys not only this Act but all Government since it takes away the security of all Government and makes every mans Conscience under which Name there goes ordinarily in this Age Humour and Interest to be the rule of the takers obedience Nor can it be conceived to what purpose Laws but especially Oaths needed to be made if this were allowed or how this cannot fall under the 197th Act Par. 7. James 6. whereby it is statuted That no man interpret the Statutes otherwise than the maker understood For what can be more contrary to the taking of them in the makers sense than that every man should obey as far as they can and be allowed to take them in a general sense so far as they are consistent with themselves and the Protestant Religion without condescending wherein they do not agree with the Protestant Religion and that they are not bound not to make any alteration which they think good for the States For all these make the rule of obedience in the taker whereas the positive Law makes it to be in the maker Or how could they be punished for Perjury after this Oath For when he were quarrelled for making alterations against this Oath and so to be perjured he might easily answer That he took this Oath only in so far as it was consistent with the Protestant Religion and with a Salvo that he might make any alteration that he thought consistent with his Loyalty And as to these Points upon which he were to be quarrelled he might say he did not think them to be inconsistent with his Loyalty think we what we pleased and so needed not to be perjured except he pleased to decide against himself for in these Generals he reserves to himself to be still Judge And this were indeed a fine security for any Government And by the same rule that it looses this Oath it shews a way of loosing all Oaths and Obedience and consequently strikes at the root of all Laws as well as this whereas to shun all this not only this excellent Statute 107. has secured all the rest but this is common Reason And in the opinion of all Divines as well as Lawyers in all Nations Verba juramenti intelliguntur secundum mentem intentionem ejus cui fit juramentum Which is set down as the grand position by Sanderson whom they cite pag. 137. and is sounded upon that Mother-Law Leg. 10. Cui interrogatus f.f. de interrogationibus in Jure faciendis and without which no man can have sense of Government in his head or practise it in any Nation Whereas on the other hand there is no danger to any tender Conscience since there was no force upon the Earl to take the Oath but he took it for his own advantage and might have abstained 2. It is inferred from the above-written matter of Fact That the Earl is clearly guilty of contravention of the 10. Act Parl. 10 James VI. whereby the Leiges are commanded not to write any purpose of Reproach of His Majesties Government or misconstrue his proceedings whereby any misliking may be raised betwixt his Highness his Nobility or his people And who can read this paper without seeing the King and Parliament reproached openly in it For who can hear that the Oath is only taken as far as it is consistent with it self and the Protestant Religion but must necessarily conclude that in several things it is inconsistent with it self and the Protestant Religion For if it were not inconsistent with it self and the Protestant Religion why this Clause at all but it might have been simply taken For the only reason of hindering it to be taken simply was because of the inconsistency ergo there behooved necessarily to be an inconsistency And if there be any inconsistency with the Protestant Religion or any contradiction in the Oath it self can there be
any thing a greater reproach on the Parliament or a greater ground of mislike to the people And whereas it is pretended That all Laws and Subsumptions should be clear and these are only inferences It is answered That there are some things which the Law can only forbid in general and there are many inferences which are as strong and natural and reproach as soon or sooner than the plainest defamations in the world do for what is openly said of reproach to the King does not wound him so much as many seditious insinuations have done in this Age and the last So that whatever was the Earls design albeit it is always conceived to be unkind to the Act against which himself debated in Parliament yet certainly the Law in such cases is only to consider what effect this may have amongst the people and therefore the Acts of Parliament that were to guard against the misconstruing of His Majesties Government do not only speak of what was designed but where a disliking may be caused and so judgeth ab effectu And consequentially to the same emergent reason it makes all things tending to the raising of dislike to be punishable by the Act 60. Parl. 6. Q. Mary and the 9. Act Parl. 20. James VI. So that the Law designed to deter all men by these indefinite and comprehensive expressions And both in this and all the Laws of Leasing-making the Judges are to consider what falls under these general and comprehensive words Nor could the Law be more special here since the makers of Reproach and Slander are so various that they could not be bound up or exprest in any Law But as it evidently appears that no man can hear the words exprest if he believe this paper but he must think the Parliament has made a very ridiculous Oath inconsistent with it self and the Protestant Religion the words allowing no other sense and having that natural tendency even as if a man would say I love such a man only in so far as he is an honest man he behooved certainly to conclude that the man was not every way honest So if your Lordships will take measures by other Parliaments or your Predecessors ye will clearly see That they thought less than this a defaming of the Government and misconstruing His Majesties proceedings For in Balmerino's Case the Justices find an humble Supplication made to the King himself to fall under these Acts now cited Albeit as that was a Supplication so it contained the greatest expressions of Loyalty and offers of Life and Fortune that could be exprest yet because it insinuates darkly That the King in the precedeing Parliament had not favoured the Protestant Religion and they were sorry he should have taken Notes with his own hands of what they said which seems to be most innocent yet he was found guilty upon those same very Acts And the Parliament 1661. found his Lordship himself guilty of Leasing-making tho he had only written a Letter to a private Friend which requires no great care nor observation but this paper which was to be a part of his own Oath does because after he had spoken of the Parliament in the first part of this Letter he thereafter added That the King would know their Tricks which words might be much more applicable to the private persons therein designed than that the words now insisted on can be capable of any such Interpretation And if either Interpretations upon pretext of exonering of Conscience or otherwise be allowed a man may easily defame as much as he pleases And have we not seen the King most defamed by Covenants entered into upon pretence to make him great and glorious by Remonstrances made to take away his Brother and best Friend upon pretence of preserving the Protestant Religion and his Sacred person And did not all who rebelled against him in the last Age declare That they thought themselves bound in duty to obey him but still as far as that could consist with their respect to the Protestant Religion and the Laws and Liberties which made all the rest ineffectual And whereas it is pretended That by these words I take the same in as far as it is consistent with it self and the Protestant Religion nothing more is meant but that he takes it as a true Protestant His Majesties Advocate appeals to your Lordships and all the Hearers if upon hearing this expression they should take it in this sense and not rather think that there is an inconsistency For if that were possible to be the sense what need he say at all As far as it is consistent with it self Nor had the other part As far as it is consistent with the Protestant Religion been necessary for it is either consistent with the Protestant Religion or otherwise they were Enemies to the Protestant Religion that made it Nor are any Lawyers or others in danger by pleading or writing for these are very different from and may be very easily pleaded without defaming a Law and an Oath when they go to take it But if any Lawyer should say in pleading or writing That the Test was inconsistent or which is all one that it were not to be taken by any man but so far as it was consistent with it self and the Protestant Religion no doubt this would be a crime even in pleading tho pleading has a greater allowance than deliberate swearing has And as there is nothing wherein there is not some inconveniency so the inconveniency of defaming the Government is much greater than that of any private mans hazard who needs not err except he please Whereas it is pretended That before the Earl gave in this Explication there were other Explications spread abroad and Answers read to them in Council and that the Council it self gave an Explication It is answered That if this paper be Leasing-making or misconstruing His Majesties proceedings and Treasonable as is contended then a thousand of the like offences cannot excuse it And when the King accused Noblemen Ministers and others in the year 1661. for going on in the Rebellions of that Age first with the Covenanters and then with the Usurpers it was found no Defence That the Nation was over-grown with those Crimes and that they were thought to be duties in those days Yea this were to invite men to offend in multitudes And albeit sometimes these who follow the examples of multitudes may thereby pretend this as an excuse to many yet this was never a formal defence against Guilt nor was ever the chief of the Offenders favourable on that Head And it is to be presumed That the Earl of Argyle would rather be followed by others than that he would follow any example But His Majesties Advocate does absolutely decline to debate a point that may defame a constant and standing Act of Parliament by leaving upon record a memory of its being opposed Nor were this Relevant except it could be said the Council had allowed such Explications which reflected
the frailty of humane Affairs and Constitutions and vicissitude of things and circumstances do constantly require in the most exact Constitutions under Heaven And the clause does not so much as import that there is a present necessity of alteration but it was a necessary and rational prospect That albeit at present all things under Heaven had been done to secure the Religion and Government yet there might occur Cases that would require new helps alterations and remedies And it is not pretended in this Case for the Pannel That he desires to alleviate or take off words truly treasonable or having an ill design by the mixing of fair and safe dutiful and submissive Expressions which indeed are Protestations contrariae facto For there is nothing in his Explanation that either in his design or in the words themselves being rationally and naturally interpreted can infer the Crimes libelled or any of them And the Pannel's known Principles and known Practices do not only clear that Loyalty that he has profest before the Lords of Justitiary and instructed by unquestionable Docuements but they put him far from the suspicion of these damnable Principles related in the Reply Of which the whole tract of his Life hath been an intire evidence of his abhorrency and detestation And in the last place It is thought strange why that should be represented as an affront or disgrace to the Government That the Parliament imposed a Test which the Pannel is not able to take simply And it is not pretended That he hath defamed written or spoken against the Test it self or for the inconvenience of it but only that he hath not been able to see the good ground upon which it may be simply taken And this were to condemn him for want of sight or sense when the Law hath punished no man for not taking the Test but only turned him out of the Government And it is as strange an Inference That because the Pannel declares He believes the Parliament meaned no Contradiction and would take the Test in as far as it is consistent that therefore he said the Parliament imposed Contradictions Which is so far from a rational Induction that the Contradiction of these Subsumptions in all congruity of Language and Sense is necessarily true And therefore the last part of that Clause in so far as it is consistent is a Consequence inferred upon the former viz. I believe the Parliament designed to impose no Contradictions ergo I take the Test as consistent and in so far as it must be consistent if the Parliament did not impose Contradictions as certainly they have not and to convince the world that in this sense this Explanation is receivable it was proposed in Council and allowed and therefore without the highest reflection it cannot now be quarrelled Sir George Lockhart 's second Plea for the Earl of Argyle by way of Reply upon the King's Advocate SIR George Lockhart Duplies That the Defender repeats and oppones his former Desences which are no ways eluded nor satisfied by the Reply made by His Majesties Advocate And altho it be easie for the Kings Advocate out of his zeal to pretend and argue Crimes of the highest Nature upon Inferences and Consequences neither consistent with the Pannel's designs nor with his words and expressions yet there cannot be a more dangerous foundation laid for the security and interest of the Government and the security and protection of the Subjects than that Crimes should be inferred but from clear evident and express Laws and plain palpable Contravention of these Laws it being both against the Laws of God and Man that a Man should be made an Offender for a word and especially for expressions which according to Sense and Reason and considering the time and place where they were spoken by the Pannel viz. as a Member of His Majesties Privy-Council and in presence of his Royal Highness and the Members of Council and when required to take the Test were safe and Innocent and it were against all Law and Reason to suppose that the Pannel either did or designed to do any thing which may or did import the Crimes libelled against him And whereas it is pretended That the Oath required and imposed by Act of Parliament was for the security of the Government and that the Pannel by his Explanation does evade the Oath by taking it only so far as it is consistent with the Protestant Religion and his own Loyalty whereof he was Judge It is answered That the pretence is most unwarrantable and the security of His Majesties Government is not at all endangered as God forbid it should tho the Pannel and a Thousand more had simply refused the Test or had taken it in a sense which does not satisfie the Law it being competent to publick Authority to consider whether the Pannels Oath in the terms of the Explication wherein he did take it does satisfie the Act of Palriament or not And if not there can be no rational consequence inferred thereupon but that he is holden as a Refuser of the Oath and liable to the Certification of the Act of Parliament of not assuming and continuing in any publick Trust And no more was intended or designed by the Act of Parliament it self than strictly to make the Oath in the true and genuine sense and meaning of the Parliament an indispensible qualification of persons admitted to publick Trust So that it is not at all material to dispute whether the Pannel's Explication can be looked upon as a full satisfaction of the Act which whether it should or not it can import no Crime against him it not being consistent with Sense and Reason that a person who absolutely refuseth the Test upon the scrupulosity of his Conscience albeit he be not capable of publick Trust should be notwithstanding looked upon as guilty of no Crime and yet another who was willing to go to a greater length albeit he did demur and scruple as to the full length that he should be reputed criminal and guilty of a Crime 2. The Pannel repeats and conjoyns with this the grounds above mentioned contained in his Defences viz. That neither the Crimes libelled nor any other Crime were ever pretended or made use of against any others who did spread abroad Objections of an high nature which yet were so favourably looked upon as to be construed only to proceed from scrupulosity of Conscience as also the satisfaction endeavoured is in such terms and by such condescensions as do take in and justifie the whole terms of the Explication libelled It is of great moment and whereof the Lords of Justitiary are desired to take special notice both for clearing the absolute innocence of the Pannel's meaning and intention and to take off all possible misconstruction that can be wrested or detorted from the tenor and expressions of the libelled Explication That the Pannel was put to and required to take the Oath before the Lords of His Majesties Privy-Council did pass
and publish their Proclamation explaining the Oath and declaring the genuine sense and meaning thereof namely That it did not tye to the whole Articles of the Confession of Faith ratified by Act of Parliament James 6. and which as to several Articles thereof had occasioned the scruples and difficulties and alledged inconsistency and contradiction betwixt the last part of the Oath and the said Confession and betwixt some of these Articles and the Currant of the Protestant Doctrine received and contained in the Syntagma of the Protestant Confessions And therefore if the Pannel at that time did think fit for the clearing and exoneration of his own Conscience to use the expressions in the Explication libelled and yet with so much duty and confidence of the Parliaments Justice as to their meaning and intention That the Parliament never intended to impose contradictory Oaths and that he did take it so far as it was consistent with it self and the Protestant Religion not knowing then whether the whole Confession was to be reputed a part of the Oath and doubting there-anent and which the Lords of His Majesties Privy-Council and his Sacred Majesty by his approbation since have thought a difficulty of so great moment as it was fit to clear the same by a publick Proclamation How now is it possible that any Judicatory under Heaven which proceeds upon the solid grounds of Law and Reason and who it cannot be doubted will have a just regard to the intrinsick Principles of Justice and to all mens security that they can now believe all or any of the Crimes libelled should be in the least inferred from all or any of the expressions contained in the said Explication But that on the contrary it was a warrantable allowance and Christian practice condemned by the Law and Custom of no Nation That having scruples in the matter of an Oath which should be taken in Truth Judgment and Righteousness and upon full deliberation and with a full assurance and sincerity of mind That he did plainly openly and clearly declare the sense in which he was willing to take it and if Authority did allow it as the genuine sense of the Oath the Pannel to be holden as a Taker of the Oath And if upon farther consideration Authority think not that habetur pro Recusante and a Refuser of the Oath but no ways to be looked upon as a criminal or guilty person And the Pannel repeats and conjoyns with this point of the Reply that point in his Defence whereby he positively offers to prove 1. That his Explication and the sense wherein he took the Oath was heard and publickly given and received in Council and the Pannel thereafter allowed to take his place and sit and vote in that Sederunt 2. The Pannel also offers positively to prove That the tenor and terms of his Sense and Explication wherein he did take the Oath is contained in that Solid Learned and Pious Vindication written by the Bishop of Edenburgh in answer to the Objections and alledged inconsistencies and contradictions in the Oath and which Vindication was publickly read in Council and so far approved that it was allowed to be printed and published and was accordingly dispersed and spread abroad And it is not of the least import that the Proclamation of the Lords of Privy-Council altho it does oft allow the same to be taken by the Clergy yet at the same time they expresly declare the genuine sense and meaning of the Parliament not to comprehend the whole Articles of the Confession which was not cleared before the Pannel's taking his Oath And whereas it is pretended That the Acts of Parliament libelled upon against Leasing-makers depravers of His Majesties Laws do obtain and take place where-ever there are any words or expressions that have a tendency in themselves or by a natural consequence and rational inferences to reflect upon the Government or misconstrue His Majesties Proceedings and that the Explication libelled is such and that it was found so in the Case of Balmerino albeit it was drawn up by way of humble Petition and Address to His Majesty and with great Protestations and Expressions of Loyalty It is answered The Acts of Parliament libelled upon are oponed and the 43d Act Par. 8. James 6. and the other Acts making the depraving of His Majesties Laws to be Crimes do expresly require that Speeches so judged be perverse licentious Speeches ex natura sua probrosa and reproachful and spoke animo defamandi and which could not receive any other rational Construction which cannot in the least be applied to or subsumed upon the words or Explication given in by the Pannel And Law and Reason never infers or presumes a Crime where the thing is capable of a fair and rational Construction and where it was done palam and publickly and in presence of His Majesties High Commissioner and Lords of His Majesties Privy-Council whereof the Pannel had the honour to be a Member Persons committing and designing to commit Crimes making use of Times and Places and Companies of another nature on whom their suggestions and insinuations may prevail But it is a violence to the common Reason of mankind to pretend that a person of the Pannel's Quality having the honour to serve His Majesty in most eminent Capacities and devoted to His Majesties Interest and Service beyond the strictest ties of Duty and Allegiance by the transcendent Favours he had received that the Pannel in those Circumstances and in presence of his Royal Highness and Lords of Privy Council should design to declame and defacto declame against and defame His Majesties Government To suppose this is absolutely contradictory to the common Principles and Practices of Law and common Topicks of Reason And as to Balmerino's Case it is answered That the Lords of Justitiary are humbly desired to call for and peruse the said Petition and Books of Adjournal which was certainly a defamatory Libel of His Majesties Father of blessed Memory and of the States of Parliament in the highest degree being expresly that there was nothing designed but an innovation of the Protestant Religion and the subversion and over-turning the Liberties and Priviledges of the Parliament and the Constitutions of the Articles and other things of that kind which made certainly of it self a most villanous and execrable Libel containing the highest Crimes of Treason and Perduellion and was not capable of any good sense or interpretation but was absolutely pernicious and destructive So that it is in vain to pretend that the said Libel did contain Prefaces and Protestations of Loyalty which no Law regards even in simplici injuria maledicto tho committed by a private person cum praefatione salvo honore or the like and which were certainly ridiculous to sustain in a Libel concerning Crimesof Treason And whereas it is pretended That tho others were guilty of these Crimes it does not excuse the Earl that the Lords of Privy-Council cannot remit Crimes and the neligence
and others who offered to obey because it is the defaming the Law as ridiculous and inconsistent with that Protestant Religion and Leasing-making betwixt the King the Nobility and the people the misconstruing and misrepresenting as hath been formerly urged that puts the Earl in a worse condition And all those arguments might be as well urged for any who had uncontrovertedly contravened these Acts as for the Pannel Whereas it is pretended That the King emitted a Proclamation to satisfie Dissenters it is answered That the Proclamation was designed for none who had been Members of Parliament and so should have known the sense but it was designed for meer ignorants not for such as had defamed the Law which is still here charged upon the Pannel As to the Article of Treason it is conceived That it is unanswerably founded upon the Common Law discharging all men to make alteration of the Government as to which there needs no express Statute that being the very essence of Government and needing no Laws Like as it falls positively under all the Laws that discharge the assuming the Royal or Legislative power for to alter the Government is inseparably united to the Crown Like as the Subsumption is as clear the express words not bearing That the Earl reserves to himself a power to propose to His Majesty any alterations or to concur to serve His Majesty in making alterations but owning in most general and arbitrary terms to wish and endeavour any alteration he should think fit for the advantage of Church or State and not determining any thing that could bind him otherwise than according to his own pleasure for the word lawful is still subjected to himself and has subjoyned to it as he should think fit which governs the whole proposition and in that sense and as the words are here set down the greatest Rebel in Scotland will subscribe that Explanation for there is no man but will restrict himself to a lawful obedience provided he be Judge of the lawfulness And seeing all Oaths proposed for the security of Government require a certain depending upon the Legislator and not upon the Taker it is impossible that that end could be attained by any qualification how special soever which is made to depend absolutely upon the Taker and not upon the Legislator And we have often seen how little security there is in those specious words the very Covenant it self having not only the very words above-repeated but attesting all the world to be witnesses to their Loyalty and Sincerity And as to the former instances viz. Rising in Arms or opposing the lawful Successor there is no Covenanter in Scotland but will say he will do neither but in a lawful way and in his station and in a way consistent with his Loyalty for a man were mad to say otherwise but yet when they come to explain this they will only do it as they think fit and will be Judges themselves and then will tell us That defensive Arms are lawful and that no Popish Successor should succeed nor no Successor unless he subscribe the Covenant And whereas it is pretended That no clause in the Test does exclude a man from making alterations it is answered That the alterations which the Test allows are none at all but in subordination to Authority And as to the two points above mentioned it excludes all alterations as to these points And as to the making fundamental alterations this reservation allows to make any alteration and consequently fundamental alterations to preclude which Libertinism this excellent Law was invented Whereas it is pretended That the Pannel designs not to add any thing as a part of the Law but as a part of his Oath it is duplied Since the Oath is a part of the Law whoever adds to the Oath adds to the Law Whereas it is pretended That the Crime of Perjury cannot be inferred here because all Divines allow That the Taker of an Oath is still allowed to declare in what sense he takes the Oath and that this is clear from Sanderson p. 175. It is triplied That where there are two dubious senses Lawyers and Divines allow That the taker should clear himself which of the two he should take which is very just because to which soever of the two he determines himself the Legislator in that case is sure of him But here it is not pretended That there are two senses nor does the Pannel declare in which of the two he takes it or in what clear sence at all he takes it which is indeed liquido Jurare But here the Pannel neither condescends what particular clause of the Test is unclear nor after he has condescended upon the Articles does he condescend upon the sense but in general mysterious words where he can neither be followed or found out he only takes it in so far as it is consistent with it self and the Protestant Religion reserving the squaring all by his own Loyalty as he did in the beginning declare That he took it in his own sense by which general sense neither is the Government secure of any thing it does enjoyn nor could he be punished if he transgressed Nor can it be doubted but Perjury may be inferred by any equivocal or evading sense inter Jurandum as well as by breaking an oath afterwards which is very clear from Sanderson p. 138. The words whereof are alterum perjurii genus est inter Jurandum detorquere verba and which is farther clear by the 28. page but above all from the principles of Reason and the necessity of Commerce and Government For if men may adhibit such glosses even whilst they swear as may make the Oath useless what way will either Government or Commerce be maintained And he deceives as much that deceives in swearing salvis verbis as he who after he has sworn does break the Oath Nay and more too because the breaking may come from forgetfulness or other accidents but the evading by general Clauses which bind no man does from the first instance originally make all Oaths useless and dangerous and that this interpretation eludes the Oath absolutely is very clear from what hath been formerly debated For it may be argued That the Earl broke the Oath in so far as the first day he swears the Oath which bears to be without any evasion and must be so notwithstanding of whatever he could say And the next day he gives in this evasion which is a down-right violation of that Oath and inconsistent with it Nor was this Oath forced but voluntarily emitted to keep his own places And it was the greater Crime that it was done in the Council because that was to make it the more publick and consequently the more to misrepresent the Government After this debate which according to the custom of the Court was verbatim dictate by the Advocates of either side and written by the Clerk and so took up much time and the Court having sate at least twelve
some thoughts that the Earl had set down in Writing in order to some discourse he intended to have made to the Lords of Justiciary before their pronouncing Sentence And then I shall subjoyn the Motives and Arguments which as he hath since informed some of his Friends did induce him to make his escape Which with what I have said before will give you a full account of all matters till His Majesty's return came and the Sentence past And first he takes notice That on Monday the Twelfth of December the day of his Arraignment the Court adjourned before he was aware And it being then late about nine of the Clock and after a sederunt of twelve hours He did not imagine they would have proceeded further that night but only heard afterwards that they sat it out till two or three after midnight And was surprized the next morning to understand that without calling him again or asking at him or hearing or considering his own sense of his own words they had not only found the Libel relevant but repelled his defences and with one breath rejected all his most material reasons of Exculpation root and branch This seemed hard though the words had been worse and no way capable of a favourable construction which none no not the Judges themselves can be so void of sense as to think really they were not and this was so far beyond all imagination that neither the Earl nor his Advocates did ever dream it could fall out though all was not said might have been said nor what was said so fully enforced as the Earl's Advocates could easily have done if the case had not been thought so very clear and the Earl his innocence so obvious and apparent and they unwilling unnecessarily to irritate many concerned This great haste and strange proceeding did so surprise and astonish him as I have said that it caused him the next day when the Sentence was read to keep deep silence and suffer the Interloquutor to be pronounced the Assizers chosen and sworn and the Witnesses received and examined without once offering to say or object any thing or so much as inquiring at either Assizers or VVitnesses whether they had not been tampered with and practised by promises and threatnings or whether some of them had not previously and publickly declared themselves in the Case and others of them had not partially advised and solicited against him Which as they are just and competent Exceptions so he was able to have proven them against most of them instantly and fully And indeed as to such of the Assizers as were Councellors whom for your better information I have marked in the List of Assuzers thus P. Cr. and had first ordered his Imprisonment next signed the Letter to His Majesty and then ordered the Process and therein manifestly fore-stalled their own judgment had they done no more it was a wonder beyond parallel That neither their own Honour nor the common decency of Justice nor even His Majesty's Advocate 's Interest did prevent their being impannelled on that Assize But the truth is the Earl did so far neglect and abandon himself and give way to the Court that he did not so much as open his mouth to clear himself of the Perjury laid to his charge which yet God Almighty was pleased to do by the plurality of voices of the same Assize who it appears plainly did bear him little kindness For whereas Assizers do usually return their Verdict Proven or not Proven rather than Guilty or not Guilty and ought alwise to do so where the relevancy is in dubio and especially in a case of this nature in which the alledged Treason is no overt act and indeed no act nor so much as a real ground of offence but plainly such a subtil chimerical and non-sensical consequence that the finding it doth quite surpass the comprehension of all unbyassed men It might have been expected that persons of their quality would have chosen the more moderate form of proven or not proven and not involved themselves unnecessarily upon Oath in adjudging the relevancy of a guilt which so few are able to imagine and none will ever make out yet you see in their Verdict that all in one voice they did find the Earl Guilty in the most positive and strong form adding for superabundance culpable forsooth the better to demonstrate their good will Nor is it unworthy of remark that when such of the Assizers as were present at the Council declared the Earl Innocent of the Perjury which His Majesty's Advocate did only pretend to infer from the Earls alledged silence or not speaking loud enough the first day when he signed the Test because they heard him at the same time pronounce his explanation Yet some other Assizers that were no Councellors and knew nothing of the matter of fact but by hear-say without all regard to the witnessing of these Counsellors their fellow Assizers voted him Guilty And so took it formally on their Consciences that he had said nothing in the Council at his taking the Test albeit all the Council knew the contrary by which they are clearly perjured Nay such was the earnestness of some who thought it scazce possible to carry the Treason upon words so safe and innocent to have the Earl found guilty of Perjury that it was particularly recommended to His Majesty's Advocate to get him made guilty of that point to render him for ever uncapable of publick employment And the Clerk of the Assize was so concerned in it that he twice misreckoned the Votes before he would yield that the Earl was assoiled or acquit of the Perjury And this among other things may serve to clear how that whole matter was influenced and managed For as the Earl cannot be charged with Perjury the second day because he swore none at all so as little the first day seeing whether he took the Test with an Explanation as certainly he did or simply without saying any thing It is equally apparent there was no Perjury in the case But it appears their Assizers were of the Opinion that the Indictment or Libel alone as it was indeed the only evidence was a sufficient proof of the Earl his being guilty of Perjury And indeed for any other Rule or Reason that occurs They might as well have found him guilty of the Perjury as of the Treason But the Assizers that were Councellors being under a particular check apprehending they might be found perjured themselves if they had not acknowledged the hearing of the words that all others present could have attested to have been audibly spoken and some of themselves have confessed to have heard before they knew the tenor of the Libel And the great Crime of Treason being sufficient to do the Job it is like they judged it advisable to give this insignificant absolution from Perjury That their Virdict of Treason might have the greater colour and shew of candor and sincerity However it seems to be without
measure hard to be prosecute with such a deadly Dilemma of either Treason or Perjury for you see in their account if the Earl swear with an Explanation his Life is knockt down by Treason and if without an Explanation his Honour which is dearer to him than his Life is run thorow with Perjury But to compleat a fancy beyond Bedlam The Advocate urges and several Assizers agree at the same time to condemn the Earl as perjured for not explaining and for Treason for explaining Quis talia fando In the next place the Earl's Papers contain some thoughts and endeavours to remove certain mistakes which he had good ground to believe did so much prompt and precipitate the Judges to pronounce so important a Sentence against him upon so weak and sandy foundations and which were indeed either meer fancies or so frivolous that though they were true they could never excuse them before men far less exoner them before God Almighty Where laying down a true ground that nunquam concluditur in criminalibus c. and withal representing how his Advocates were questioned in so extraordinary a manner for signing their Opinion which you have above Num. 32. Where you may see how fair just and safe it was that now they dare no more plead for him He says He cannot be denied to plead for himself as he best may The first ground of mistake then that he was to represent was that he knew it had been told them it was very much His Majesty's Interest and necessary for the support of the Government to devest and render him uncapable of publick Trust Which words had been oft said and said to himself to persuade him that there was no further rigour intended But as he is very confident our gracious King will never upon any such pretence allow any innocent Person to be condemned far less to be destroyed in a picque or frolick where his Majesty can reap no advantage So he is persuaded His Majesty hath no design to render him miserable far less to cut him off without a cause And therefore concludes it is only his misfortune in his present circumstances never having access to nor being heard by his Majesty nor the Case perfectly understood by him that hath made His Majesty give so much as way to a Process to be raised or led far less to a Sentence to be pronounced against him But in effect as this Affair hath been managed all alongs and so many engaged in so extraordinary ways to act and write against him first and last nothing should appear strange or surprising However as their own Consciences and God Almighty knows how they have been brought to meddle and act as they have done So one day or other the World may likewise know it A second ground of mistake which he says may impose upon them is a confidence of His Majesty's Pardon intended for him a pretence only given out to render the Condemnation more easie yet indeed least wished for by those who were readiest to spread the report and whereof the Earl had indeed more confidence than any that talked of it if His Majesty were left to himself and had the Case fully and truly represented to him but as His Majesty needs not this false occasion to make his clemency appear which is so well known over all his Dominions by far more true and genuine discoveries so it were the heighth of injustice in their Lordships of the Justiciary to proceed to sentence against him upon such Apprehensions in case in their hearts they believe him innocent as he certainly knows they do besides they cannot but see their acting upon so unjust a ground will not only stain their names and memories but instead of alleviating rather aggravate their guilt both in their own Consciences when they reflect on it in cold blood and in the sight of God Almighty And if His Majesty on importunity and a third Application should give way to execution as he hath already given way first to the Process and then to the Sentence or if as some may design Execution shall be adventured on without the formality of a new Order as the Process was at first commenced before His Majesty's return and so is not impossible would not their Lordships be as guilty of his blood as if they had cut his Throat And in effect these are the grounds and Excuses pretended at this day in private by such of his Judges for their procedour who are not yet come to have the confidence at all Occasions to own directly what they have done A third reason why his Exculpation was not allowed he says might be because the sustaing of it might have brought other Explanations above-board and discover both these who had made and those who had accepted them and perhaps not have left their own Bench untouched But as this Artifice will not keep up the Secret And as this way of shifting is neither just nor equal so to all interested it is the meanest of Security For his Majesty's Advocate hath already told us that His Majesty's Officers can never wrong him And although the Lords and He shauld conceal what others had done it might make themselves more guilty but not prove any Exoneration to those concerned without a down-right Remission Whereas it is manifest That if their Lordships had admitted the Earl's Exculpation upon the sure and evident grounds therein contained it would not only have answered the Justice of his Case but vindicated all concerned And lastly he was to tell them that possibly they might be inclined to go on because they were already so far engaged as they knew not how to retreat with their honour but as there can be no true honour where there is manifest wrong and injustice so in the frail and fallible condition of humane things there can be no delusion more dangerous and pernicious than this that unum scelus est alio scelere tegendum And here the Earl thought to lay before them very plainly and pertinently some remarkable and excellent Rules whereby L. Chief Justice Hales a renowned Judge of our Neighbour-Nation tells he did govern himself in all Criminal Cases which adds the Earl if they took a due impression would certainly give them peace and joy when all the vain Considerations that now amuse will avail them nothing The Rules are these I. Not to be rigid in matters purely conscientious where all the harm is diversity of Judgment II. That Popular or Court-applause or distaste have no influence on any thing is to be done in point of distribution of Justice III. In a criminal Case if it be a measuring cast then to incline to mercy and acquittal IV. In criminal things that consist only of words where no harm ensues moderation is then no injustice V. To abhor all private Solicitations of what kind soever and by whomsoever VI. In matters depending not to be solicitous what men will say or think so long as the rule of
Justice is exactly kept VII And lastly Never to ingage themselves in the beginning of a Cause but reserve themselves unprejudged till the whole business be heard Then the Earl goes on and makes notes for Additional Defences reducible to these Heads I. The absolute innocence af his Explication in its true and genuine meaning from all crime or offence far more from the horrible Crimes libelled II. The impertinency and absurdity of His Majesty's Advocate 's Arguings for inferring the Crimes libelled from the Earl's words III. The reasonableness of the Exculpation IV. The Earl's Answers to the Advocate 's groundless Pretences for aggravating of his Case As to the first The Earl waving what hath been said from common Reason and Humanity it self and from the whole tenour and circumstances of his Life comes close to the point by offering that just and genuine Explanation of his Explication which you have above Num. 21. I have delayed hitherto to take the Oath appointed by the Parliament to be taken betwixt and the first of January next But now being required near two months sooner to take it this day peremptorily or to refuse I have considered the Test and have seen several Objections moved against it especially by many of the Orthodox Clergy notwithstanding whereof I have endeavoured to satisfy my self with a just Explication which I here offer that I may both satisfy my Conscience and obey Your Highness and your Lordships Commands in taking the Test though the Act of Parliament do not simply command the thing but only under a certification which I could easily submit to if it were with Your Highness's favour and might be without offence But I love not to be singular and I am very desirous to give obedience in this and every thing as far as I can and that which clears me is that I am confident whatever any man may think or say to the prejudice of this Oath the Parliament never intended to impose contradictory Oaths and because their sense they being the Framers and Imposers is the true sense and this Test enjoined is of no private interpretation nor are the King's Statutes to be interpreted but as they bear and to the intent they are made therefore I think no man that is no private Person can explain it for another to amuse or trouble him with it may be mistaken glosses But every man as he is to take it so is to explain it for himself and to endeavour to understand it notwithstanding all these Exceptions in the Parliament's which is its true and genuine sense I take it therefore notwithstanding any scruple made by any as far as it is consistent with it self and the Protestant Religion which is wholly in the Parliament's sense and their true meaning Which being present I am sure was owned by all to be the securing of the Protestant Religion founded on the Word of God and contained in the Confession of Faith recorded J. 6. p. 1. c. 4. And not out of Scruple as if any thing in the Test did import the contrair But to clear my self from Cavils as if thereby I were bound up further than the true meaning of the Oath I do declare That by that part of the Test that there lies lies no obligation on me c. I mean not to bind up my self in my station and in a lawful way still disclaiming all unlawful endeavours To wish and endeavour any alteration I think According to my Conscience to the advantage of Church or State not repugnant to the Protestant Religion and my Loyalty And by my Loyalty I understand no other thing than the words plainly bear to wit the duty and allegiance of all Loyal Subjects and this Explanation I understand as a part not of the Test or Act of Parliament but as a qualifying part of my Oath that I am to swear and with it I am willing to take the Test if your Royal Highness and your Lordships allow me Or otherwise in submission to your Highness and the Councils pleasure I am content to be held as a Refuser at present Which Explanation doth manifestly appear to be so just and true without violence or straining so clear and full without the least impertinency so notore and obvious to common sense without any Commentary so loyal and honest without ambiguity and lastly so far from all or any of the Crimes libelled that it most evidently evinceth that the words thereby explained are altogether innocent And therefore it were lost time to use any Arguments to enforce it Yet seeing this is no trial of wit but to find out common sense let us examine the Advocate 's fantastical Paraphrase upon which he bottoms all the alledged Crimes and see whether it agrees in one jot with the true and right meaning of the Earl's words and as you may gather from the Indictment it is plainly thus I have considered the Test which ought not to be done and am very desirous to give obedience as far as I can but am not willing to give full obedience I am confident the Parliament never intended to impose contradictory Oaths that is I am confident they did intend to impose contradictory Oaths and therefore I think no man can explain it but for himself that is to say every man may take it in any sense he pleases to devise and thereby render this Law and also all other Laws tho not at all concerned in this Affair useless and so make himself a Legislator and usurp the Supreme Authority And I take it in so far as it is consistent with it self and the Protestant Religion whereby I suppose that it is not at all consistent with either nor was ever intended by the Parliament it should be consistent And I declare that by taking this Test I mean not to bind up my self in my station and in a lawful way to wish or endeavour any alteration I think to the advantage of Church or State not repugnant to the Protestant Religion and my Loyalty Whereby I declare my self and all others free from all obligation to the Government either of Church or State as by Law established and from the duty and Loyalty of good Subjects Resolving of my self to alter all the Fundamentals both of Law and Religion as I shall think fit And this I understand as a part of my Oath that is as a part of the Act of Parliament by which I take upon me and usurp the Royal Legislative Power Which sense and Explanation as it consists of the Advocate 's own words and was indeed every word necessar to infer these horrible Crimes contained in the Indictment so to speak with all the modesty that truth will allow I am sure it is so violent false and absurd that the greatest difficulty must be to believe that any such thing was alledged far more received and sustained in judgment by Men professing only reason far less Religion But thirdly If neither the Earl's true genuine and honest sense nor this
man's sense which he thinks agrees less with the words albeit they may be thought by others to be reconcileable another way III. All this looks like designed Mistakes and Traps for should any man swear unless he understand And where an Oath is granted to be ambiguous can any man understand unless in want of the Imposers help he explain it for himself IV. Was ever a Man's explaining an Oath for himself before taking it far less his bare saying that he must explain it before he take it alledged to be The overturning of all Laws and Oaths and the usurping of the Legislative power and making of new Laws Certainly to offer to answer such things were to disparage common Reason And lastly this is strange Doctrine from the Advocate who himself in Council did allow not only the Earl his Explanation but that Explanation to the Clergy contrary as appears by their Scruples to what they that took it thought either the Parliaments design or the plain words of the Test could bear and certainly different from the sense many had already taken it in and wherein others were commanded to take it And whatever the Advocate may cavil to insnare the Earl sure he will not allow that by his explaining this Oath he himself hath taken on him the Legislative power of the Parliament far less though he should acknowledg it will any believe that he hath or could thereby make all Laws or Oaths useless By this you see what strange stuff he pleads which deserves no answer But says the Advocate the Earl affirms He takes the Test only as far as it consists with it self and with the Protestant Religion by which he most maliciously insinuates that it is inconsistent with both But first this only is not the Earl's but the Advocates addition Secondly I would soberly ask the Advocate or any Man Whether the Test as it includes the Confession in general and consequently all contained in it was not either really or at least might not have been apprehended to be inconsistent with it self Else what was the use or sense of the Councils explanation wherein it is declared That men do not swear to every proposition of the Confession but only to the Protestant Religion therein contained And if it was either inconsistent or apprehended to be so how could the Earl or any honest Man swear it in other terms with a safe Conscience But Thirdly If Parliaments be fallible and this Oath as being ambiguous needed the Councils explanation to clear it from inconsistencies must the Earl's words when he was to swear That he took it in so far as it was consistent be in this Case understood as spoken maliciously and with a criminal intent when all Sense Reason and Religion made this caution his duty And if it be so criminal for one going to swear to suppose a possibility of inconsistencies in it Is it not manifestly more criminal in others plainly to confess and grant that there are inconsistencies in it after they have swallowed it in gross without any explanation whatsoever But says the Advocate The Earl hath invented a new way whereby no Man is at all bound to the Test For how can any Man be bound if he will obey only as far as he can And yet it will be hard even for the Advocate tho he sometimes attempts indeed more than he and all the World with him can do To tell how a Man can obey farther And I am sure that in a matter of this kind viz. The free tender of an Oath all discreet men will judge the Earl's offer both frank and obliging Then he asks To what the Earl is bound if he be bound no further than he himself can obey Manifest confusion and never either spoke by the Earl nor at all pertinent to his case besides he freely acknowledges that all men are bound to more than they can do or so far as the Test is consistent with it self and the Protestant Religion a strange doubting or yet I dare say imports as much as His Majesty expects of any and more than the Advocate will ever perform But says the Advocate who can determine to what the Earl is bound Which says plainly That either the Test agrees with it self and the Protestant Religion in nothing or that the Protestant Religion is nothing both which the Earl thinks far from truth But the Advocate 's reasoning reflects far more on the Councils Explanation where it is plainly said That the Confession is not sworn to in the Test but only the Protestant Religion contained in the Confession so that the Protestant Religion indefinitely is that which is said to be sworn to Now pray is it not much worse for a Man to say That by taking the Test he swears only to the Confession as it contains or agrees with the Protestant Religion which is in effect to set the Protestant Religion at variance with its own Confession and so to reproach and ranverse the standard and make void the very security that the Parliament intended than to say That he swears the Test as it agrees with it self and the Protestant Religion which imports no such insinuation But from these pleasant Principles he jumps into this Fantastick Conclusion That therefore it cannot be denied but the Earl's interpretation destroys not only this Act but all Government and makes every Man's Conscience or Humour the Rule of his obedience But first as to the whole of his arguing the Earl neither invents says nor does any thing except that he offered his Explanation to the Council which they likewise accepted Secondly What mad inferences are these You say you will explain this Oath for your self therefore you overturn all Government and what not Whereas it is manifest on the other hand That if the Earl apprehending as he had reason the Oath to be ambiguous and in some things inconsistent had taken it without explaining it for himself or respect to its inconsistency it might have been most rationally concluded that in so doing he was both impious and perjured Thirdly It is false that the Earl doth make his Conscience any other way the rule of his obedience than as all honest men ought to do That is as they say To be Regula regulata in conformity to the undoubted Regula regulans the eternal rules of truth and righteousness as is manifest by his plain words As for what the Advocate insinuates of Humour instead of Conscience it is very well known to be the Ordinary reproach whereby men that have no Conscience endeavour to defame it in others But the Advocate is again at it and having run himself out of all consequences he insists and inculcates that the Earl had sworn nothing But it is plain that to swear nothing is none of the crimes libelled Secondly The Earl swears positively to the Test as it is consistent with it self and the Protestant Religion which certainly is something unless the Advocate prove as he insinuates that there is
nothing in the Test consistent with either And 3dly If the Protestant Religion and the Earl his reference to it be nothing then is not only the Council sadly reproached who in their Explanation declare this to be the only thing sworn to in the first part of the Test but our Religion quite subverted as far as this Test can do it But next for the Treason the Advocate says That the Earl expresly declares he means not by the Test to bind up himself from wishing or endeavouring in his station and in a lawful way any alteration he shall think for the advantage of Church or State whereby says he the Earl declares himself and others loosed from any obligation to the Government and from the duty of all good Subjects and that they may make what alterations they please A direct contrariety instead of a just consequence as if to be tied to Law Religion and Loyalty were to be loosed from all three Can there be a flatter and more ridiculous contradiction Next the Advocate pretends to found upon the fundamental Laws of this and all Nations Whereby it is Treason for any Man to make any alterations he thinks fit for the advantage of Church or State But first The Earl is not nor cannot be accused of so much as wishing much less endeavouring or making any alteration either in Church or State only he reserves to himself the same freedom for wishing which he had before his Oath and that all that have taken it do in effect say they still retain 2dly For a man to endeavour in his station and in a lawful way such alterations in Church or State as he conceives to their advantage not repugnant to Religion and Loyalty is so far from being Treason that it is the duty of every Subject and the sworn Duty of all His Majesty's Councellors and of all Members of Parliament But the Advocate by fancying and misapplying Laws of Nations wresting Acts of Parliaments adding taking away chopping and changing words thinks to conclude what he pleases And thus he proceeds That the Treason of making Alterations is not taken off by such qualifications of making them in a lawful way in ones station to the advantage of Church or State and not repugnant to Religion or Loyalty But how then Here is a strange matter Hundreds of Alterations have been made within these few years in our Government and in very material Points and the King 's best Subjects and greatest Favourites have both endeavoured and effectuate them And yet because the things were done according to the Earl's qualifications instead of being accounted Treason they have been highly commended and rewarded The Treasury hath been sometimes in the hands of a Treasurer sometimes put into a Commission backward and forward And the Senators of the College of Justice the right of whose places was thought to be founded on an Act of Parliament giving His Majesty the prerogative only of presenting are now commissioned by a Patent under the great Seal both which are considerable alterations in the Government which some have opposed others have wished and endeavoured and yet without all fear of Treason on either hand only because they acted according to these qualifications in a lawful way and not repugnant to Religion and Loyalty But that which the Advocate wilfully mistakes for it is impossible he could do it ignorantly is that he will have the endeavouring of alterations in general not to be of it self a thing indifferent and only determinable to be good or evil by its qualifications as all men see it plainly to be but to be forsooth in this very generality intrinsically evil a Notion never to be admitted on Earth in the frail and fallible condition of humane Affairs And then he would establish this wise Position by an example he adduces That rising in Arms against the King for so sure he means it being otherwise certain that rising in Arms in general is also a thing indifferent and plainly determinable to be either good or evil as done with or against the King's Authority is Treason and says If the Earl had reserved to himself a liberty to rise in Arms against the King tho he had added in a lawful manner yet it would not have availed because and he says well This being in it self unlawful the qualification had been but shams and contrariae facto But why then doth not his own reason convince him where the difference lies viz. That rising in Arms against the King is in it self unlawful whereas endeavouring alterations is only lawful or unlawful as it is qualified and if qualified in the Earl's Terms can never be unlawful But says the Advocate The Earl declares himself free to make all alterations and so he would make Men believe that the Earl is for making All or Any without any reserve whereas the Earl's words are most express that he is Neither for making all or any but only for wishing and endeavouring for such as are good and lawful and in a lawful way which no Man can disown without denying common reason nor no sworn Councellor disclaim without manifest Perjury But the Advocate 's last conceit is That the Earl's restriction is not as the King shall think fit or as is consistent with the Law but that himself is still to be judge of this and his Loyalty to be the standard But first The Earl's restriction is expresly according to Loyalty which in good sense is the same with according to Law and the very thing that the King is ever supposed to think Secondly As neither the Advocate nor any other hitherto have had reason to distinguish the exercise and actings of the Earlâ—s Loyalty from those of His Majesty's best Subjects so Is it not a marvellous thing that the Advocate should profess to think for in reality he cannot think it the Earl's words His Loyalty which all men see to be the same with his Duty and Fidelity or what else can bind him to his Prince capable of any quibble far more to be a ground of so horrid an accusation And whereas the Advocate says The Earl is still to be judge of this It is but an insipid calumny it being as plain as any thing can be That the Earl doth nowise design His thinking to be the rule of Right and Wrong but only mentions it as the necessary application of these excellent and unerring Rules of Religion Law and Reason to which he plainly refers and subjects both his thinking and himself to be judged accordingly By which it is evident that the Earl's restriction is rather better and more dutiful than that which the Advocate seems to desiderate And if the Earl's restrictions had not been full enough it was the Advocate 's part before administrating the Oath to have craved what more he thought necessary which the Earl in the Case would not have refused But it is believed the Advocate can yet hardly propose restrictions more full and suitable to Duty
than the fore-mentioned of Religion Law and Reason which the Earl did of himself profer As for what His Majesty's Advocate adds That under such professions and reserves the late Rebellions and disorders have all been câ—rried on and fomented It is but a meer vapour for no Rebellion ever was or can be without a breach of one or other of the Earl's qualifications which doth sufficiently vindicate that part of the Earl's Explanation The Advocate insists much that Any is equivalent to All and that All comprehends Every particular under it which he would have to be the deadly Poyson in the Earl's words And yet the Earl may defy him and all his detracters to find out a Case of the least undutifulness much less of Rebellion that a Man can be guilty of while he keeps within the excellent Rules and Limitations wherewith his words are cautioned I could tell you further that so imaginary or rather extravagant and ridiculous is this pretended Treason that there is not a person in Scotland either of those who have refused or who by the Act are not called to take the Test that may not upon the same ground and words be impeach't viz. That they are not bound and so without doubt both may and do say it by the Test in their station c. to wish and endeavour any alteration c. Nay I desire the Advocate to produce the Man among those that have taken the Test that will affirm that by taking it he hath bound up himself never to wish or endeavour any alteration c. according to the Earl's qualifications and I shall name Hundreds to whom his Highness as you have heard may be added that will say they are not bound up So that by this conclusion if it were yielded all Scotland are equally guilty of Treason the Advocate himself to say nothing of His Royal Highness not excepted Or if he still think he is I wish he would testify under his hand to the World that by his Oath he is bound up never to wish nor endeavour any alteration he thinks to the advantage of Church or State in a lawful way nor in his station though neither repugnant to the Protestant Religion nor his Loyalty And if this he do he does as a Man if not of Sense at least of Honour but if not I leave a blank for his Epithets But that you may see that this whole affair is a deep Mystery pray notice what is objected against the last part of the Explanation This I understand as a part of my Oath Which says the Advocate is a Treasonable invasion upon the Royal Legislative power as if the Earl could make to himself an Act of Parliament since he who can make any part of an Act may make the whole And then say I farewell all Takers of the Test with an Explanation whether the Orthodox Clergy or Earl Queensberry tho himself Justice General who were allowed by the Council so to do seeing that whether they hold their Explanation for a part of their Oath or not yet others may and in effect all men of sense do understand it so And thus in the Advocate 's Opinion they have Treasonably invaded the Legislative Power and made an Act of Parliament to themselves Neither in that Case can the Councils allowance excuse them seeing not only the Earl had it as well as they but even the Council it self cannot make an Act of Parliament either for themselves or others But Sir I protest I am both ashamed and wearied of this trifling and therefore to shut up this Head I shall only give a few remarks First you may see by the Acts of Parliament upon which the Advocate founds his Indictment That as to Leasing-making and depraving Laws all of them run in these plain and sensible terms The inventing of Narrations the making and telling of Lies the â—ttering of wicked and untrue Calumnies to the slander of King and Government the depraving of his Laws and misconstruing his Proceedings to the engendering of discord moving and raising of batred and dislike betwixt the King and his People And as to Treason in these yet more positive terms That none impugn the dignity and authority of the Three Estates or seek or procure the innovation or diminution thereof Which are things so palpable and easily discerned and withal so infinitely remote both from the Earl's words and intentions or any tollerable construction can be put on either that I confess I never read this Indictment but I was made to wonder that its forger and maker was not in looking on it deterred by the just apprehensions he might have not only to be sometime accused as a manifest depraver of all Law but to be for ever accounted a gross and most disingenuous perverter of common sense The Earl's words are sober respectful and dutifully spoken for the exoneration of his own Conscience without the least insinuation of either reflection or slander much less the impugning of the Authority of Parliament as the Earl may appeal not only to His Majesty's true and Royal sense but to the most scrupulous and nice affecters of the exactest discerning besides that they were first formally tendered in Council for their approbation and by them directly allowed How then can any Man think that they could be charged with the greatest and vilest of crimes Leasing-making Depraving Perjury and Treason But the Advocate tells us That there are some things which the Law commonly forbids in general and that some inferences are as natural and strong and reproach as soon or sooner than the plainest defamations But what of all this Must therefore such generals be left to the phantastick application of every wild imagination to the confounding of the use of Speech and subverting of humane Society and not rather be still submitted to the judgment of common sense for their true and right understanding and the deducing thence these strong and natural inferences talk'd of Of which good sense if the Advocate do but allow a grain weight it is evident that the inferences he here Libels against the Earl must infallibly be cast and by all rational unbiassed men be found strange unnatural and monstrous For Sir Secondly pray observe these rational and sound Maxims he founds his Inferences on and they are manifestly these First That he who says he will only obey as far as be can invents a new way whereby no man is at all bound to obey 2dly That he who in the midst of Hundreds of exceptions and contradictions objected against an Oath injoyned by Act of Parliament and still unanswered says That he is confident the Parliament never intended to impose contradictory Oaths reproaches the Parliament 3dly That he that says he must explain an ambiguous Oath for himself before he take it renders all Laws and Oaths useless and makes himself the Legislator 4thly That he that says that he takes this Oath as far as it is consistent with it self and the Protestant
Religion swears nothing 5thly That he that declares himself not tied up by the Test from endeavouring in a lawful way such alterations as he thinks to the advantage of Church and State consistent with Religion and Loyalty declares himself and all others loosed from the Government and all duty to it and free to make any and all alterations that be pleases And 6thly That he that takes the Test with an explanation and holds it to be a part of his Oath invades the Legislative Power and makes Acts of Parliament Upon which rare and excellent Propositions I dare say The Earl is content according to the best Judgment that you and all unbiassed Men can make either of their Truth or of my ingenuity in excerping them to be adjudged Guilty or not Guilty without the least fear or apprehension of the issue And in the third and last place I shall only intreat you to try how the Advocate 's reasoning will proceed in other Cases and what brave work may be wrought by so useful a Tool Suppose then a Man refuse the Test simply or falls into any other kind of Non-conformity either Civil or Ecclesiastick or pays not the King's Custom or other dues or lastly understands an Act otherwise than the Advocate thinks he should Is not his Indictment already formed and his Process as good as made viz. That he regards not the Law That he thinks it is unjustly or foolishly Enacted That he will only obey as far as he can and as he pleases and thereby renders all Laws useless and so reproaches the King and Parliament and impugns their Authority and assumes to himself the Legislative Power and therefore is guilty of Leasing-making Depraving His Majesty's Laws and of Treason of which crimes above-mentioned or one or other of them he is Actor Art and Part Which being found by an Assize he ought to be punished with the pains of Death Forfaulture and Escheat of Lands and Goods to the terror of others to do or commit the like hereafter And if there be found a convenient Judge the poor Man is undoubtedly lost But Sir having drawn this Parallel rather to retrieve the Earl's Case than to make it a precedent which I hope it shall never be and chusing rather to leave the Advocate than follow him in his follies I forbear to urge it further These things considered must it not appear strange beyond expression how the Earl's Explanation such as it is did fall under such enormous and grievous misconstructions For setting aside the Councils allowance and approbation which comes to be considered under the next Head suppose the Earl or any other person called before the Council and there required to take the Test had in all due humility said either that he could not at all take it or at least not without an Explanation because the Test did contain such things as not noly he but many other and those the best of the Loyal and Orthodox Clergy did apprehend to be Contradictions and Inconsistencies And thereupon had proponed one or two such as the Papers above set down do plainly enough hold out and the Bishop in his Explanation rather evades than answers would it not be hard beyond all the measures of Equity and Charity to look upon this as a designed Reflection far more a malicious and wicked Slander and the blackest Treason We see the Act of Parliament doth not absolutely injoin the taking of the Test but only proposeth it to such as are intrusted in the Government with the ordinary certification either of losing or holding their Trusts at their option We know also that in Cases of this nature it is far more suitable both to our Christian Liberty and the respect we owe to a Christian Magistrate to give a reason of our conscientious non-compliance with meekness and fear than by a mute compearance to fall under the censure of a stubborn obstinacy And Iustly It is certain and may safely be affirmed without the least reproach that Parliaments are not infallible as witness the frequent changes and abrogations of their own Acts and their altering of Oaths imposed by themselves and even of this Oath after it was presented which the Earl was not for altering so much as it was done as I told you before How then can it be that the Earl appearing before a Christian Council and there declaring in terms at the worst a little obscure because too tender and modest his Scruples at an Oath presented to him either to be freely taken or refused should fall under any Censure If the Earl had in this occasion said he could not take the Test unless liberty were given him first to explain himself as to some Contradictions and Inconsistencies which he conceived to be in it tho he had said far more than is contained in his contraverted Explanation yet he had said nothing but what Christian Liberty hath often freely allowed and Christian Charity would readily construe for an honest expression of a commendable tenderness without any imputation of reproach against either King or Parliament How much more then is his part clear and innocent when albeit so many thought the Contradictions to be undeniable yet such was his well-tempered respect both to God and Man to his own Conscience and His Majesty's Authority that before and not after the taking of this Oath to clear himself in the midst of the many Exceptions and Scruples raised of all ambiguitles in swearing he first applies himself for a satisfying Explanation to the Parliament the prime Imposers their true intentions and genuine meaning and then gathering it very rationally from the Oath 's consistency with it self and with the Protestant Religion the Parliament's aim and scope and so asserting the King and Parliament's truth and honour he places the relief and quiet of his own Conscience in his taking the Test with this Explanation and in declaring its congruity with his Oath and duty of Allegiance The third Head of the Earl's additional Defences is the further clearing and improving of his grounds of Exculpation above adduced and repelled Which were first that before the Earl did offer his Explanation to the Council a great many Papers were spread abroad by some of the Orthodox Clergy charging the Test with Contradictions and Inconsistencies 2dly That there was a Paper penned by a Reverend Bishop and presented and read in Council and by them allowed to be printed which did contain the same and far more important things than any can be found in the Earl's Explanation And consequently far more obnoxious to all His Majesty's Advocate 's Accusations 3dly That the Explanation upon which he was indicted was publickly by himself declared in Council and by the Council allowed so that the Oath was administrat to him and he received to sit in Council and vote by his Highness and the rest of the Members with and under this express qualification But to all urged for the Earl's Exculpation the Advocate makes
one short Answer viz. That if the Earl's Paper did infer the Crimes charged on it a thousand the like offences cannot excuse it And His Majesty is free to pursue the Offenders when and in what order he thinks fit which Answer doth indeed leave the Council and all concerned in His Majesty's mercy But that it doth no way satisfy the Earl's Plea is manifest For the first ground of Exculpation viz. That before the Earl did offer his Explanation a great many Papers writ by the Orthodox Clergy and others were abroad charging the Test with Contradictions c. was not alledged by the Earl merely to justify his Explanation by the multitude of the like Papers and so to provide for an escape in the croud But the Earl having most rationally pleaded that his Explanation was given in by him after these many Scruples and Objections raised by others were abroad it was a good Plea from a most pregnant circumstance clearing both the design and sense of his words from the foul aspersions of reproaching and depraving thrown upon them Seeing the words spoken by him under the motive of such a circumstance by all fair rules of interpretation instead of being judged misconstruing and depraving could only be understood as a seasonable asserting of the Integrity of the Parliament's Intentions and the uprightness of the Earl's Conscience Which Argument being in reason unanswerable it necessarly follows that the Advocate 's return to the first ground was neither sufficient nor pertinent and that therefore the Exculpation was unjustly repelled But next The second ground of Exculpation is so far from being answered by the Advocate that it does not appear it was so much as understood For the Earl's Argument being That words allowed and approven by the Council can never fall under the Accusation either of Leasing-making or slandering His Majesty's Proceedings or depraving Laws and Acts of Parliament as is evident in it self and granted by the Advocate where he says that an Explanation tho reflecting on the King and Government which the Earl's was not yet if allowed by the Council is to be sustained But so it is that the Council hath allowed the words contained in this Explanation contraverted both in themselves and also in their equivalent and far more important Expressions As for instance not only by accepting the Earl's Explanation as shall be cleared in the next place but by giving warrand for the publication of the Bishop of Edinburgh his Vindication wherein first for obviating the contradictions objected from the Confession of Faith he positively asserts that by the Test men do not swear to own every Article of that Confession and yet the Test binds expresly to believe that Confession to be founded on and agreeable to the Word of God and never to consent to any alteration contrary thereto or inconsistent therewith So that he gives both the Test and the Parliament the Lye And then for removing another Scruple he tells us That by the Test men are not bound up from regular endeavours to rectify or better the Established Government both of Church and State which is clearly the same thing but not so well cautioned with that which in the Earl's Case is made a ground of Treason From which it unquestionably follows that the Earl's words having been allowed and approved by the Council could never in Law or Reason be thereafter made a ground of accusation by any much less by themselves Now I desire to know where the Advocate in all his Plea doth so much as notice far less answer this Defence or what his telling us A thousand Offences of the like nature doth not excuse one either doth or can signify seeing this Argument for the Earl instead of pleading excuses doth justify the matter and for ever purge all shadow of offence or ground of quarrel which will be yet more apparent when you shall add to this the third ground of the Earl's Exculpation viz. That the Explanation whereupon the Earl was indicted was publickly by himself declared in Council and by the Council allowed and accepted Insomuch as after he had given his Explanation as the sense wherein he was free to swear the Test the Oath was thereupon administrat to him and he received to sit and vote as a Councellor Whereby it is evident That by this allowance and acceptance the Earl's Explanation became the Councils as much as if after the Earl's pronouncing the words they had verbatim repeated them and told him they were satisfied he should swear the Test in these terms And whether this ought not to be a sufficient exoneration to the Earl let all men judge The Advocate makes a noise That in the case of an Oath required the Taker ought to swear it in the sense of the Imposer which none doubts and then runs out That the Earl in place of taking it in the Imposers sense did unwarrantably intend a sense of his own to the eluding and frustrating of the obligation of this and all other Oaths But all this is nothing to the purpose for waving that in the Earl's Case it is most impertinent to talk of his obtruding of a sense to the eluding and frustrating of the obligation of his Oath seeing his Oath was not then given or at all in being it is expresly alledged by the Earl and notour that the Explanation tendered by him when called to take the Test was accepted by the Council and the Oath thereupon administrated and so the Earl freely joins issue with the Advocate and acknowledging that the Taker of the Oath ought to swear in the sense of the Imposer subsumes in terminis that he himself did swear so and not otherwise inasmuch as he did swear in a sense accepted by the Council before he gave his Oath as is evident 1. By their commanding him to sit after he had sworn and 2. In that neither the Advocate nor any other had ever the confidence to quarrel his sitting as a breach of the Law which no doubt they had done if not convinced that by taking the Oath he had satisfied the Act of Parliament which things in true dealing and the construction of all honest men are the same as if the Oath had been required of him by the Council in the very sense and words of this Explanation Neither is it material whether the Explanation offered by the Earl doth deserve as certainly it doth not these many ill names which the Advocate would fix upon it because though it had been much worse than it is yet being offered to the Council and submitted to their judgment and they having accepted of it the thing became quasi res judicata and cannot be retracted without subverting the surest Rules both of Truth and Government The Advocate indeed tells us 1. That the Council heard not the Earl's Explanation But I have already told you they did hear it and the Earl is still ready to prove it And suppose some say they did not hear it
distinctly As what thing spoke in Council is distinctly heard and considered by all Yet it being certain that they did all approve it it is sufficient to the Earl And it is only their concern whether in approving what they did not hear they observed their Oath De fideli c. or not His Highness who the Earl was most concerned should hear did certainly hear as himself afterwards acknowledged 2. The Advocate says That the hearing and allowing the Earl to sit is no relevant Plea yea further though all the Council had allowed him that day yet any of his Majesty's Officers might have quarrelled him the next day But first I would gladly know upon what head For if upon obtruding a sense of his own it is undeniable that whatever the sense was the obtruding of it was purged by the Council's acceptation and it became theirs and was no more his But if the Advocate doth think that even the matter of the Explanation though allowed and accepted may still be quarrelled Then 1. I hope he will consider in what terms he doth it for if he charge it after it becomes the Councils as in truth he hath done already with the same liberty wherewith he treats it as the Earl's he runs fair to make himself the arrantest Defamer and Slanderer of the King and Council that ever yet attempted it But 2dly It merits a worse name than I am free to give it to say That an Explanation allowed by the Council in the administrating of an Oath proper to be administrat by them doth not secure the Taker as to that sense both in Law and Conscience Seeing in effect this quite takes away the best grounds of assurance among men and turns their greatest security to their greatest snare And 3dly If this be sound Doctrine it is worth the enquiring what security the Clergy to whom the Council as you have heard did indulge an Explanation have thereby obtained For as to such Laicks as did only at their own hand take hold of and snatch at this Indulgence not provided for them by the Councils Act it is clear their doom is dight It is not here debated how far that Explication of the Council's may satisfy and quiet Conscience let such concerned see to it Some please themselves with a general notion That if the sense given by the Administrator be sound then it is also safe whether it be agreeable to the plain and genuine meaning of the Oath or not nay whether it be agreeable to the sense of the first Imposers or not But others who consider more tenderly what it is to swear in Truth and in Judgment think it rather a prophanation and a sinful preferring of the Credit of Men to the glory of the Almighty to offer to smooth an Oath by a disagreeable interpretation when in effect the Oath it self ought to be changed But the thing in question is about the security of life and fortune for seeing the Council's Explanation is at least to say no worse liable enough to the Calumnies of an inventive malice and the Advocate telleth us Though all the Ceuncil had allowed a man to swear with an Explanation yet any of His Majesty's Officers may the next day quarrel him it is evident that this allowance can afford him no security It is true the Advocate may alledge and possibly find a difference betwixt the Council's emitting and their accepting of an Explanation But as in truth there is none more than betwixt a Mandat and a Ratihabition so I am confident if ever the thing come to be questioned this Pretence will evanish and come to nothing It is likewise to be remembred That when the Earl the next day after he took the Test was questioned for the Explanation he had made and required to exhibit a Copy which was afterwards made the ground of his Indictment so soon as he observed that some began to carp he refused to sign it demanded it back and would have destroyed it as you have heard which were all clear Acts of disowning and retracting for eviting offence and of themselves sufficient to have prevented any further enquiry there being nothing more just and human than that words though at the first hearing offensive yet if instantly retracted when questioned should be past But this as well as other things must in the Earl's Case be singular and whether he plead the Councils allowing or his own disowning as in effect he doth both it is equally to no purpose the thing determined must be accomplished You heard before how that a Reverend Bishop and many of the Orthodox Clergy did take a far greater liberty of Explanation than the Earl pretended to you see also that first the Council allows his words whereupon he rests And when he finds that they begin to challenge he is willing to disown And withal it is undeniable and acknowledged by the Council themselves that the Test as it stands in the Act of Parliament is ambiguous and needs to be explained And the Earl may confidently aver that of all the Explanations that have been offered even the Councils not excepted his is the most safe sound and least disagreeable to the Parliament's true sense and meaning And yet when all others escape he alone must be seised and for a thing so openly innocent clearly justifiable and undeniably allowed found guilty of the worst of Crimes even Leasing-making Leasing-telling Depraving of Laws and Treason but all these things God Almighty sees and to him the Judgment yet belongs And thus I leave this Discouse shutting it up with the Case of Archbishop Cranmer plainly parallel to the Earl's to shew how much he was more favourably dealt with by the King and Government in those days than the Earl now is though he live under a much more merciful and just Prince than that worthy Prelate did for Cranmer being called and promoted by Henry VIII of England to be Archbishop of Canterbury and finding an Oath was to be offered to him which in his apprehension would bind him up from what he accounted his duty he altogether declined the Dignity and Preferment unless he were allowed to take the Oath with such an Explanation as he himself proposed for salving of his Conscience and tho this Oath was no other than the Statute and solemn Oath that all his Predecessors in that See and all the mitered Clergy in England had sworn yet he was admitted to take it as you see in Fuller's Church Hist of Britain lib. 5. p. 185 and 186. with this formal Prorestation In nomine Domini Amen Coram vobis c. Non est aut erit meae voluntatis aut intentionis per hujusmodi juramentum vel juramenta qualitercunque verba in ipsis posita sonare videbuntur me obligare ad aliquid ratione eorundum posthac dicendum faciendum aut attentandum quod erit aut esse videbitur contra Legem Dei vel contra illustrissimum Regem nostrum Angliae Legesve aut
Praerogativas Ejusdem Et quod non intendo per hujusmodi juramentum vel juramenta quovis modo me obligare qui minus libere loqui consulere aut consentire valeam in omnibus singulis Reformationem Religionis Christianae Gubernationem Ecclesiae Anglicanae Praerogativam Coronae ejusdem Reipublicae vel commoditatem earundem quoquo modo concernentibus ea ubique exequi reformare quae mihi in Ecclesia Anglicana reformanda videbuntur Et secundum hanc interpretationem intellectum hunc non aliter nequa alia modo dictum juramentum me praestiturum protestor profiteor That is to say In the name of God Amen Before you c. It neither is nor shall be my will or meaning by this kind of Oath or Oaths and however the words of themselves shall seem to sound or signify to bind up my self by vertue hereof to say do or endeavour any thing which shall really be or appear to be against the Law of God or against our most Illustrious King of England or against his Laws and Prerogatives And that I mean not by this my Oath or Oaths any ways to bind up my self from speaking consulting and consenting freely in all and every thing in any sort concerning the Reformation of the Christian Religion the Government of the Church of England and the Prerogative of the Crown of the Commonwealth thereof or their advantage and from executing and reforming such things as I shall think need to be reformed in the Church of England And according to this Explanation and sense and not otherwise nor in any other manner do I protest and profess that I am to take and perform this Oath Nor did that excellent Person says Mr. Fuller smother this privately in a corner but publickly interposed it three several times once in the Charter-house before authentick Witnesses again upon his bended knees before the high Altar in view and hearing of many People and Bishops beholding him when he was consecrated and the third time when he received the Pall in the same place Now would it not be very strange if the like liberty should not be allowed to the Earl under His Majesty in reference to the Test which Henry the VIIIth a Prince that stood as much on his Prerogative as ever any did vouchsafe to this Thomas Cranmer who as another Historian observes acted fairly and above-board But there wanted then the high and excellent Designs of the great Ministers the rare fidelity of Councellors sound Religion and tender piety of Bishops solid Law and Learning of Advocates incorruptible Integrity of Judges and upright honesty of Assizers that now we have to get Archbishop Cranmer accused and condemned for Leasing-making depraving Laws Perjury and Treason to which Accusation his Explanation was certainly no less obnoxious than the Earl's But I hasten to the fourth and last Head of the Earl's Additional Defences viz. The removing certain groundless Pretences alledged by the Advocate for aggravating the Earl's Offence As 1. That the Earl being a Peer and Member of Parliament should have known the sense of the Parliament and that neither the Scruples of the Clergy nor the Council's Proclamation designed for meer Ignorants could any way excuse the Earl for offering such an Explanation But first the Advocate might have remembred that in another Passage he taxes the Earl as having debated in Parliament against the Test whereby it is easie to gather that the Earl having been in the matter of the Test a dissenter this quality doth rather justify than aggravate the Earl's Scrupling 2dly If the Proclamation was designed for the meer Ignorants of the Clergy as the Advocate calls them who knew nothing of what had past in Parliament an Explanation was far more necessary for the Earl who knows so little of what the Advocate alledges to have past in Parliament viz. That the Confession of Faith was not to be sworn to as a part of the Test that of necessity as I think he must know the contrary Inasmuch as first this is obvious from the express tenor of the Test which binds to own and profess the true Protestant Religion contained in the Confession of Faith and to believe the same to be agreeable to the Word of God as also to adhere thereto and never to consent to any change contrary to or inconsistent with the said Protestant Religion and Confession of Faith Which to common sense appears as plain and evident as can be contrived or desired But 2dly It is very well known that it was expresly endeavoured and carried in Parliament that the Confession of Faith should be a part of the Test and Oath For the Confession of Faith being designed to be sworn to by an Act for securing the Protestant Religion which you have heard was prepared in the Articles but afterwards thrown out when this Act for the Test was brought into the Parliament some days after by the Bishop of Edinburgh and others the Confession was designedly left out of it But it being again debated that the bare naming of the Protestant Religion without condescending on a Standard for it was not sufficient the Confession of Faith was of new added And after the affirmative Clause for owning it and adhering to it was insert upon a new motion the negative never to consent to any alteration contrary to or inconsistent with the said Protestant Religion and Confession of Faith was also subjoined But not without a new debate and opposition made against the words And Confession of Faith by the Bishop of Edinburgh until at length he also yielded All which it is hoped was done for some purpose And if at that time any had doubted of the thing he had certainly been judged most ridiculous For it was by that addition concluded by all That the Confession was to be sworn And further it appears plainly by the Bishop of Edinburgh his Vindication that when he wrote it he believed the Confession was to be sworn to for he takes pains to justify it though calumniously enough alledging That it was hastily compiled in the short space of four days by some Barons and Ministers in the infancy of our Reformation Where by the by you see that he makes no reckoning of what the Act of Parliament to which the Test refers expresly bears viz. That that second Ratification 1567. which we only have recorded was no less then seven years after this Confession was first exhibited and approven Anno 1560. But moreover he tells us That the Doctors of Aberdeen who refused the Covenant were yet willing not only to subscribe but to swear this Confession of Faith Which again to answer the Bishops Critick of Four days was more than 70. years after it was universally received It 's true that when the Bishop finds himself straitned how to answer Objections he is forced to make use of the new Gloss I shall not call it of Orleans whereby the Protestant Religion is made to be
sworn to only as far as every Man pleases to interpret and as far as may be consistent with any new principles of State But the Parliament certainly I do not speak Ironically did intend by this Test to swear and assert the True Protestant Religion and the said Confession of Faith whatever may be now pretended The Earl could not also but very well remember what his Highness had said to himself about the inserting of the Confession and no doubt the Advocate if ingenuous knows all this For the thing was at that time matter of common talk and indeed till Papers objecting contradictions and inconsistencies betwixt the Confession and the rest of the Test began to be so numerous which was about the end of October that there was no possibility left to answer them but by alledging That in the Test men do not swear to every article and proposition of the Confession but only to the Protestant Religion therein contained this point was never doubted And whether this answer be true and a solid Vindication consonant to the words of the Test or a circulating evasion enervating all its force let others judge But the Advocate says When it was moved in Parliament to read the Confession it was waved Most true and the reason given by the Bishops for it was That it was notour they knew it and it was already insert in the Acts of Parliament And the truth was the reading of it would have spent more time than was allowed on examining the whole Test It was likâ— wise late after a long Sederunt and it was resolved to have the Act passed that night and so it went on But it was likewise moved to read the Covenant seeing it was to be disclaimed and this was flatly refused And will the Advocate thence infer That by the Test the Covenant is not abjured albeit it be most certain that many in the Parliament at that time had never read the one or the other But to follow the Advocate 's excursions and answer them more particularly The motion for reading the Confession being made on this very occasion Because it was to be insert in the Test and sworn to concludes enough against him For no body can be so effronted as to say it was used in Parliament as an argument not to read it because it was not to be sworn to but though it cost a debate it was plainly agreed to be sworn to and therefore insert 2dly Can any man doubt the Confession was to be sworn to when it is notour that severals who were members of Parliament and by reason of offices they enjoyed were called to swear the Test pretending with reason tenderness of an Oath did before swearing make a fashion at least of reading and studying the Confession to satisfy themselves how far they might swear it And that this was done by an Hundred I can attest themselves Lastly It is certain that when in the end of October the Bishop of Edenburgh did quarrel Sir George Lockhart for causing the Confession to be insert in the Test and he answered that without it a Turk might sign the Test it was not then pretended by the Bishop that the Confession was not to be sworn to and therefore he at that time had no reply But this is a debate I confess not altogether necessary for my present task only thereby you may see ground enough for the Earl to believe the Confession was sworn to And all that did swear before the Councils Explanation having sworn in that sense and for ought I know all except the Clergy being by the Councils Act still bound to do so It was not strange the Earl might be of this Opinion And seeing that many of the Contradictions were alledged to arise hence and the Earl being a Dissenter it was yet less strange that the Earl did scruple nor is it unreasonable that his modest Explanation should have a most benign acceptance This second pretence of aggravation is That His Majesty did not only bestow on the Earl his Lands and Jurisdictions fallen into His Majesty's hands by the forfaulture of his Father but also pardon him the crimes of Leasing-making and Misconstruing whereof he was found guilty by the Parliament 1662. And raised him to the title and dignity of an Earl and to be a member of all His Majesty's Judicatories All which the Earl as he hath ever doth still most thankfully acknowledg But seeing the Advocate hath no warrand to upbraid him with His Majesty's favours and that these things are now remembred with a manifest design to raise dust and blind strangers and to add a very ill thing Ingratitude to the heap of groundless calumnies cast upon him I must crave leave to answer a little more particularly and refute this new Tout as the Scots Proverb is in an old Horn. This old Leasing making is then now brought in seriously after it hath been treated in ridicule for Eighteen years by the very Actors who did never pretend to defend it in cold blood And were it not to digress too much I could name the persons and make them if capable think shame of their falshood and prevarications in that point and of their abusing His Majesty and prostrating Justice but I forbear The Advocate in his Book of Pleadings makes this a Stretch and says His Majesty rescinded it And His Majesty himself hath several times exprest his sense of the stretches made by some against the Earl at that time It is well known the Family of Argyle is both Ancient and Honourable and hath been Loyal and Serviceable to the Crown for several Hundreds of years but they must now be destroyed for having done and being able as they say to do too much which others neither can nor will do Neither is the Advocate ignorant that the only failing that Family hath been charged with in all that long tract of time was a compliance of the late Marquess of Argyle the Earl's Father in the time of the late Usurpation by sitting in the then Parliament of England some years after all the standing Forces of the Kingdom were broken His Majesty beyond Sea the whole Countrey over-run the Usurpers universally acknowledged and neither probability of resistance nor possibility of shelter left to any that were most willing to serve His Majesty as the Advocate himself hath published in his Printed Pleadings in which he likewise lays out the special and extraordinary Circumstances whereby the Marquess was necessitate to do what he did And the compliance charged on him was so epidemick that all others were pardoned for the same except he alone though none had such favourable Arguments to plead and though he pleaded the same Indemnity that saved others And seeing he submitted and delivered up himself and lost his Life and seeing at the same time of the Compliance that he suffered for the Earl his Son was actually serving and suffering for His Majesty as you find in the former part of this Letter
the Earl's Restitution was no less than He and his Family might well expect of His Majesty's Goodness and Justice It is true The Earl was again accused and condemned which may appear indeed strange to such as know not all particulars upon the same old Acts of Leasing-making and with as little ground if possible as now and was Pardoned by His Majesty for which he hath often and doth always acknowledg that he owes to His Majesty both his Life and Fortune But upon this occasion and being baited as he is he hopes His Majesty will not take it ill that he say That His Majesty's Mercy was in this case determined by Justice And for proof that His Majesty did then know him to be innocent Did not His Majesty then say It was impossible to take a Man's Life upon so small an account Though nevertheless it had been done if His Majesty had not interposed and pardoned him Did not the Chancellor Clarendon who was Patron to the most considerable of the Earl's pursuers hearing of his Condemnation Bless God he lived not in a Countrey where there were such Laws He should have said such Judges And I believe many more will say the same now Did it not plainly appear at that time that his principal pursuers were very bitter malicious and unjust to him For the Earl had not only served His Majesty in that troublesome and hazardous appearance in the Hills but he had been particularly useful to Earl Middletoun then His Majesty's Lieutenant General and had stood by him when these deserted him whom notwithstanding he took afterwards by the hand when he was His Majesty's Commissioner in the year 1661. and then designed new Interests and new Alliances whereof some did hold and some never held And then indeed it was that he and others thought it proper for them to destroy the Family of Argyle to make their own Fortunes But it pleased God and His Majesty to dispose otherwise Then it was that the Earl was so hotly pursued for his Life having at that time no Fortune all being in His Majesty's hands Then was the accusation of Treason likewise urged by the same persons and must have carried but it was not found necessary Leasing-making being sufficient to take his Life and as it falls out when any Game is started and the Hounds in chase all the little Curs run alongs So the Earl wanted not then many pursuers that are now scarce to be heard of And further some of the parties themselves confessed the particulars to the Earl afterwards who yet now return to act their former parts and that they had then laid down a resolution to intrap him per fas aut nefas but notwithstanding all this ill humour and violence all the ground they could get for a quarrel in two years time was one single Letter among many they intercepted the occasion and import whereof was as follows About a Twelvemonth after the death of the late Marquess of Argyle The Earl his Son being by the loss of his Estate and burden of his Debts brought into straits a Friend from Edenburgh wrote to him then at London to do what he could for himself at Court and the sooner the better for he needed neither expect Favour nor Justice from some in Scotland and if matters were delayed his Father 's whole Estate would be begg'd away in parcels His Friend likewise complained that the Earl did not write to inform his Friends in Scotland and on this he insisted several post-days which at last drew an answer from the Earl that he had been to wait upon His Majesty and had found him both just and kind to him and doubted not the effects of his Royal favour that he was sensible of his loss by delay yet must proceed discreetly and not press to give His Majesty trouble but must take His Majesty's method and wait his time That he judged much of what his Friend told him was true but he must have patience It was his misfortune that some took pains to make His Majesty believe that the Parliament was his Enemy and the Parliament to believe the King was his Enemy and by such informations he was like to be a sufferer but he hoped in God all should be well This blast must blow out and will blow over The King will see their tricks And upon this Letter specially those last words the Earl was accused of Leasing-making betwixt King and Parliament and that he expected changes and so had a great deal of the same stuff laid to his charge as now you have heard And if the now Register will produce the Eal's principal Letter and the Paper the Earl gave in to the Parliament these two would clear all the Case then and now as you may see Mutatis Mutandis being much the same and some of the same Tools used But to go on The Earl's words in that Letter being clear and plain viz. That he complained of others that reported Lies to the King and Parliament but did himself report none to either He acknowledged the Letter which could never have been proven to be his and as soon as he heard that it was intercepted did render himself to His Majesty before he was called for But which very much troubled him had not access Yet His Majesty was so gracious that instead of sending him Prisoner to Scotland with a Guard as was much pressed he allowed him to go down on a Verbal Bail And His Majesty was pleased to say That he saw nothing in the Earl's Letter against His Majesty or the Parliament but believed the Earl did design to reflect on the Earl of Middleton The Earl came to Edinburgh a fourthnight before the day appointed by His Majesty and thought to have had the liberty of the City till that day should come but was sent to the Castle the next day after his arrival Upon which he advertised His Majesty of his condition who would hardly believe they would take his Life till it was told plainly it was designed and if he died it lay at His Majesty's door upon which His Majesty was graciously pleased to send immediately an Order to the Earl of Middleton not to proceed to Execution against him Yet the Sentence of Death was pronounced and the Day of Execution remitted by the Parliament to the Earl of Middleton Which he accepted of albeit he had no particular instruction for it from His Majesty which before a year went about Earl Middleton found could not be justified by him and some of the Earl's chief accusers were declared by His Majesty to be themselves Leasing-makers And then the Earl by His Majesty's favour and goodness was restored to a part of his Predecessors Estate and Titles which he took as thankfully as if a new Estate and new and greater Honours had been conferred upon him And though His Majesty was pleased at the granting of these Titles to say He could help them when he pleased yet His Majesty knows
that the Earl never troubled him about any such matter nor solicited him now these Eighteen years for any Title Office or Imployment though he confesses he had of all sorts nor hath he been burthensom to His Majesty's Exchequer 500 l. yearly for four or five years that the Earl served in the Treasury being all that ever he touched of his Majesty's Money albeit few attended more and none so much that lived at his distance He was also twice at London to kiss His Majesty's hand but still on his own Charges Which things are not said to lessen His Majesty's bounty and goodness whereof the Earl still retains all just tender and dutiful impressions but to answer the Advocate and to teach others to hold their peace that cannot say so much His Life is known to have been True Honest and of a piece and all alongs he hath walked with that straightness that he can compare his Integrity with all that now attacque him By all which it is apparent That what the Advocate here pretends for an aggravation may wâ—ll be accounted a Second part of the Earl's Persecutions but cannot in the least impair either his Innocence or his Honour Seeing therefore the ground of the Earl's present accusation with all he either designed said oâ— did in this matter was only that when called nay required to take the Test and after leave first obtained from his Highness and Council he did in their presence before the giving of his Oath declare and propose to them the sense wherein he was willing to take it That this his sense neither contains nor insinuates the least slander reproach or reflection either upon the King the Parliament or any Person whatsomeever but on the contrair is in effect tenfold more agreeable to the words of the Test and meaning of the Parliament that framed it than the Explanation emitted by the Council and was also most certainly the first day by them accepted and when the next day challenged by him offered to be retracted and refused to be signed That the whole Indictment and more especially that part of it about the Treason is a meer Rapsody of the most irrational absurd and pernicious consequences that ever the Sun beheld not only forcing the Common rules of Speech Charity and Humanity but ranversing all the Topicks of Law Reason and Religion and threatning no less in the Earl's person than the ruine of every Man's Fortune Life and Honour That the Earl's Defences and grounds of Exculpation were most pregnant and unanswerable and either in themselves notour or offered to be instantly verified And lastly That the aggravations pretended against him do either directly make for him or most evidently discover the restless malice of some of his implacable enemies Shall our Gracious King who not only clearly understands Right and hates Oppression but also to all his other excellent qualities hath by his Gentleness and Clemency even towards his Enemies added that great Character of Goodness upon vain and false insinuations and unreasonable and violent stretches not only take away the Life of an innocent person but of one who himself and his Family be it said without disparagement have for a longer time and more faithfully and signally served His Majesty and the Crown than any person or Family of his degree and quality of all his Persecutors can pretend to Shall his numerous Family hopeful Children his Friends and Creditors all be destroyed Shall both former Services be forgot Innocence oppressed and all Rules of Justice and Laws of society and humanity for his sake overturned Shall not only the Earl be cut off and his noble and ancient Family extinguished but his Blood and Memory tainted with as black and horrible a stain as if he had conspired with Jacques Clement Ravillack The Gun-powder Miscreants The Bloody Irish Rebels and all the other most wicked and hainous Traytors of that Gang And all this for a meer imaginary Crime whereof it is most certain that no Man living hath or can have the least real conviction and upon such frivolous allegations as all men see to be at the top meer Moon-shine and at the bottom Villany unmixed After clearing these things the Earl it seems intended to have addressed himself to His Majesty's Advocate in particular and to have told him that he had begun very timeously in Parliament to fall first on his heritable jurisdictions and then upon his Estate and that now he was fallen upon his Life and Honour whereby it was easie to divine that more was intended from the beginning than the simple taking away of his Offices seeing that some of them on his refusing the Test were taken away by the Certification of the Act of Parliament and that those that were heritable he offered in Parliament to present and surrender to His Majesty on his knee if His Majesty after hearing him should think it fit only he was not willing to have them torn from him as hath been said and if that were all were designed as was at first given out the Advocate need not have set him on high as Naboth and accuse him as a Blasphemer of God and the King Then turning his Speech to the Lords of Justitiary he thought to have desired that they would yet seriously consider his words in their true sense and circumstances his own Explanation of his Explication and especially the foregoing matter of Fact to have been laid before them with his Defences and grounds of Exculpation as also to have told them That they could not but observe how that he was singled out amongst Thousands against whom much more then all he is charged with could be alledged and that they must of necessity acknowledg if they would speak out their own Conscience that what he had said was spoke in pure innocence and duty and only for the exoneration of himself as a Christian and one honoured to be of His Majesty's Privy Council where he was bound by his Oath to speak truth freely and not to throw the smallest reproach on either person or thing Adding That he was loath to say any thing that looks like a reflection upon His Majesty's Privy Council but if the Council can wrong one of their own number he thought he might demand If he had not met with hard measure For first he was pressed and persuaded to come to the Council then they receive his Explanation and take his Oath then they complain of him to His Majesty where he had no access to be heard and by their Letter under their hands affirm That they had been careful not to suffer any to take the Test with their own Explanations albeit they had allowed a thing very like it first to Earl Queensberry then to the Clergy And the President now Chancellour had permitted several Members of the College of Justice to premise when they swear the Test some one sense and some another and some nonsense as one saying he took it in sano sensu
of Justitiary before pronouncing sentence but without any answer or effect It was then commonly said that by the old Law and Custom the Court of Justitiary could no more in the case of Treason than of any other Crime proceed further against a Person not compearing and absent than to declare him Out-Law and Fugitive And that albeit it be singular in the case of Treason that the Trial may go on even to a final Sentence though the Party be absent yet such Trials were only proper to and always reserved for Parliaments And that so it had been constantly observed until after the Rebellion in the Year 1666 But there being several Persons notourly engaged in that Rebellion who had escaped and thereby withdrawn themselves from Justice it was thought that the want of a Parliament for the time ought not to afford them any immunity and therefore it was resolved by the Council with advice of the Lords of Session that the Court of Justitiary should summon and proceed to trial and sentence against these Absents whether they compeared or not and so it was done Only because the thing was new and indeed an innovation of the old Custom to make all sure in the first Parliament held thereafter in the Year 1669. it was thought fit to confirm these Proceedings of the Justitiary in that point and also to make a perpetual Statute that in case of open Rebellion and Rising in Arms against the King and Government the Treason in all time coming might by an Order from His Majesty's Council be tried and the Actors proceeded against by the Lords of Justitiary even to final sentence whether the Traytors compeared or not This being then the present Law and custom it is apparent in the first place that the Earl's Case not being that of an open Rebellion and Rising in Arms is not at all comprehended in the Act of Parliament So that it is without question that if in the beginning he had not entered himself Prisoner but absented himself the Lords of Justiciary could not have gone further than upon a citation to have declared him Fugitive But others said that the Earl having both entered himself Prisoner and compeared and after debate having been found guilty before he made his escape the case was much altered And whether the Court could notwithstanding of the Earl's intervening escape yet go on to sentence was still debatable for it was alledged for the affirmative that seeing the Earl had twice compeared and that after debate the Court had given judgment and the Assize returned their Verdict so that had nothing remained but the pronouncing of Sentence it was absurd to think that it should be in the power of the Party thus accused and found guilty by his escape to frustrate Justice and withdraw himself from the punishment he deserved But on the other hand it was pleaded for the Earl That first It was a fundamental Rule That until once the Cause were concluded no Sentence could be pronounced Next that it was a sure Maxim in Law that in Criminal Actions there neither is or can be any other conclusion of the cause than the Parties presence and silence So that after all that had past the Earl had still freedom to add what he thought fit in his own defence before pronouncing sentence and therefore the Lords of Justiciary could no more proceed to sentence against him being escaped than if he had been absent from the beginning the Cause being in both cases equally not concluded and the principle of Law uniformly the same viz. That in Criminals except in cases excepted no final sentence can be given in absence For as the Law in case of absence from the beginning doth hold that just temper as neither to suffer the Contumacious to go altogether unpunished nor on the other hand finally to condemn a party unheard And therefore doth only declare him Fugitive and there stops So in the case of an Escape before Sentence where it cannot be said the Party was fully heard and the Cause concluded the Law doth not distinguish nor can the parity of Reason be refused Admitting then that the Cause was so far advanced against the Earl that he was found guilty Yet 1. This is but a declaring of what the Law doth as plainly presume against the Party absent from the beginning and consequently of it self can operate no further 2dly The finding of a Party guilty is no conclusion of the Cause And 3dly As it was never seen nor heard that a Party was condemned in absence except in excepted Cases whereof the Earl's is none so he having escaped and the Cause remaining thereby unconcluded the general rule did still hold and no sentence could be given against him It was also remembred that the Dyets and days of the Justice Court are peremptour and that in that case even in Civil far more in Criminal Courts and Causes a Citation to hear Sentence is constantly required which induced some to think that at least the Earl should have been lawfully cited to hear Sentence before it could be pronounced But it is like this course as confessing a difficulty and occasioning too long a delay was therefore not made use of However upon the whole it was the general Opinion That seeing the denouncing the Earl Fugitive would have wrought much more in Law than all that was commonly said at first to be designed against him And that his Case did appear every way so favourable that impartial men still wondered how it came to be at all questioned It had been better to have sisted the Process with his Escape and taken the ordinary course of Law without making any more stretches But as I have told you when the Friday came the Lords of Justiciary without any respect or answer given to the Petition above-mentioned given in by the Countess of Argyle to the Court for a stop pronounced Sentence first in the Court and then caused publish the same with all solemnity at the Mercat-Cross at Edinburgh FOrasmuch as it is found by an Assize That Archibald Earl of Argyle is guilty and culpable of the Crimes of Treason Leasing-making and Leasing-telling for which he was detained within the Castle of Edinburgh out of which he has now since the said Verdict made his Escape Therefore the Lords Commissioners of Justiciary decern and adjudge the said Archibald Earl of Argyle to be execute to the death demained as a Traytor and to underly the pains of Treason and other punishments appointed by the Laws of this Kingdom when he shall be apprehended at such a time and place and in such manner as his Majesty in his Royal pleasure shall think fit to declare and appoint And his Name Memory and Honours to be extinct And his Arms to be riven forth and delete out of the Books of Arms swa that his Posterity may never have place nor be able hereafter to bruick or joyse any Honour Offices Titles or Dignities within this Realm in
time coming and to have forfaulted amitted and tint all and sundry his Lands Tenements annual-rents Offices Titles Dignities Tacks Steedings Rowmes Possessions Goods and Geere whatsumever pertaining to him to our Sovereign Lord to remain perpetually with his Highness in property Which was pronounced for Doom 23 Dec. 1681. After the reading and publshing whereof The Earl's Coat of Arms by order of the Court was also torn and ranversed both in the Court and at the Mercat-Cross Albeit some thought that this was rather a part of the Execution which His Majesty's Letter discharges than a necessary Solemnity in the Publication and the Advocate himself says p. 61. of his printed Criminals That it should only be practised in the Crime of Perduellion but not in other Treasons The Reasons and Motives of the Earl's Escape with the Conclusion of the whole Narrative THE Earl's Escape was at first a great surprise both to his Friends and Unfriends for as it is known that his Process in the beginning did appear to the less concerned more like a piece of pageantry than any reality and even by the more concerned was accounted but a politick Design to take away his Offices and lessen his Power and Interest So neither did any of his Friends fear any greater hazard nor did most of his Unfriends imagine them to be more apprehensive Whereby it fell out that upon report of his Escape many and some of his Well-wishers thought he had too lightly abandoned a fair Estate and the probable expectation he might have had of His Majesty's favour As also some that were judged his greatest Adversaries did appear very angry as if the Earl had taken that course on purpose to load them with the odium of a design against his life And truly I am apt to think it was not only hard and uneasie for others to believe that a Person of the Earl's quality and character should upon so slender a pretence be destroyed both as to life and fortune but also that he himself was slow enough to receive the impressions necessary to ripen his Resolution and that if a few Accidents as he says himself happening a little before his escape had not as it were opened his eyes and brought back and presented to him several things past in a new light and so made all to operate to his final determination he had stayed it out to the last Which that you may the better understand you may here consider the several Particulars that together with what he himself hath since told some Friends apparently occurred to him in these his second thoughts in their following order And first you have heard in the beginning of this Narrative what was the first occasion of the Earl his declining in his Highness's favour You may also remember that his Majesty's Advocate takes notice that he debated against the Act enjoining the Test in the Parliament And as I have told you he was indeed the Person that spoke against excepting the King's Brothers and Sons from the Oath then intended for securing the Protestant Religion and the Subjects Loyalty not thinking it fit to complement with a Privilege where all possible caution appears rather to be necessary And this a Reverend Bishop told the Earl afterwards had downright fired the kiln What thereafter happened in Parliament and how the Earl was always ready to have laid all his Offices at his Majesty's feet And how he was content in Council to be held a Refuser of the Test and thereby incur an intire deprivation of all publick Trust is above fully declared and only here remembred to shew what Reason the Earl had from his first coming to Edinburgh in the end of October to think that something else was intended against him than the simple devesting him of his Employments and Jurisdictions And yet such was his assurance of his Innocence that when ordered by the Council to enter his Person in Prison under the pain of Treason he entered freely in an Hackney Coach without either hesitation or noise as you have heard 2dly The same day of the Earl's Commitment the Council met and wrote as I have told you their Letter to his Majesty above set down Num. 22. Wherein they expresly charge him with Reproaching and depraving but yet neither with Perjury nor Treason and a few days after the Earl wrote a Letter to his Highness wherein he did endeavour to remove his Offence in terms that it was said at first had given satisfaction But yet the only return the Earl had was a Criminal Summons containing an Indictment and that before any Answer was come from His Majesty And then so soon as his Majesty's Answer came there was a new Summons sent him with a new Indictment adding the Crimes of Treason and Perjury to those of Reproaching and Depraving which were in the first Libel as you have heard above whereby you may perceive how early the Design against the Earl began to grow and how easily it took encrease from the least encouragement 3dly When the Earl petitioned the Council for Advocates to plead for him Albeit he petitioned twice and upon clear Acts of Parliament yet he had no better Answer than what you have above set down And when the Earl's Petition naming Sir George Lockhart as his ordinary Advocate was read in Council his Highness openly threatned that in case Sir George should undertake for the Earl he should never more plead for the King nor him But the Earl taking Instruments upon Sir George his refusal and giving out that he would not answer a word at the Bar seeing the benefit of Lawyers according to Law was denied him Sir George and other Lawyers were allowed to assist him but still with a grudge Likewise afterwards they were questioned and convened before the Council for having at the Earl's desire signed their positive Opinion of the Case At which time it was also said in Council by his Highness That their fault was greater than the Earl's However we see that as he was the occasion of the anger so he hath only found the smart of it 4thly The whole Process with the Judgment of the Lords of Justitiary and Verdict of the Assize whereby the Earl was found guilty as you have seen notwithstanding of what hath so plainly appeared and was so strongly pleaded in his behalf of Leasing-making Depraving and Treason Is of it self a clear demonstration that either the highest punishment was intended for so high a guilt or that at least it was no small humiliation that some designed for him It being equally against reason and prudence setting aside the Interest of Justice to strain things of this nature beyond the ends truly purposed and which in effect are only the more to be suspected the more they are concealed 5thly The Process being carried on to the Verdict of the Assize and the Council being tied up by His Majesty's Letter before pronouncing Sentence to send a particular account to His Majesty of what
the Earl should be found guilty of for His Majesty's full information The Council doth indeed dispatch away a new Letter immediately for His Majesty's leave to proceed but instead of that particular account required by His Majesty for his full information all the information was ever heard of to be sent by the Council was what is contained in the body of the Letter wherein they briefly but positively affirm That after full debate and clear probation he was found guilty of Treason Which all men must say was far better contrived to prompt his Majesty to a speedy allowance than to give him that particular information of the case which His Majesty's Letter expresly requires and the Earl expected should have been performed But further the Council was commanded to sign this Letter not simply in the ordinary form but by a special Command laid on every Member and the Clerk appointed to go about and get their Subscriptions telling them they were Commanded and complaining to the Duke when any scrupled to do it The strictness of which Orders is apparent enough from the very Subscriptions where you may not only read the names of Bishops subscribing in causa sanguinis but some of the Earl's Friends and Relations who wanted Courage to refuse And in effect how many of all the Members did it willingly is hard to say seeing generally they excuse the deed in private 6thly About a week or two before the Trial the Earl had notice that at a close Juncto where were Persons of the greatest eminency it was remembred by one present how that Anno 1663. The Earl had been pardoned by His Majesty after he had been found guilty by the Earl of Middleton and that Parliament And that then it was looked on as an Error in the Earl of Middletoun that he had not proceeded to Execution albeit His Majesty had given command to the contrary because as it was said it would have been but the same thing to him But now adds this kind Remembrancer The case is much more easie Now his Royal Highness is on the Throne It might have cost Earl Middletoun a frown but now it can signify nothing but will rather be commended in his Royal Highness as acting freely like himself The stop of the sentence looks like a distrust but this will vindicate all and secure all And as the first part of the Story the Earl remembred well he had heard it from the same Person An. 1664. and had reported it to the Duke of Lauderdale a little after so the second part being of a very well known dialect could not but give the Earl the deeper impressions It was further told the Earl at the same time when the Councils Letter to obtain His Majesty's assent to the pronouncing Sentence and leaving all to discretion was sent that it was thought fit that nothing should appear but fair weather till the very close Yet was the Earl so confident of his own Innocence and His Majesty's Justice that he did not doubt but His Majesty seeing the Process would at least put a stop to the Sentence But after the Councils Letter was gone in such terms as you have seen to seek Liberty from His Majesty to proceed to Sentence without either double or abbreviate of the Process sent with it and no doubt smooth insinuations made with it that all designed was to humble the Earl or clip his wings And that this Letter was hasted away by a fleeing Pacquet to prevent the Earl's Application which it could not but do and so could not but have weight and prevail with His Majesty to whom the Earl's Petition as coming too late was indeed never presented Then and not till then the Earl began to have new thoughts 7thly The Earl's Trial having been upon Monday and Tuesday the 12th and 13th of December upon the 14th the Councils Letter was dispatched and upon the 15th the Earl intreated by a friend for liberty to speak to his Royal Highness whose Answer was That it was not ordinary to speak to criminals except with Rogues on some Plot where discoveries might be expected Yet his Highness said he would advise upon it But upon Friday the 16th he did refuse it Yet the Earl did renew his suit and urged That he had sent a Petition to His Majesty which was the first he had sent upon that occasion and that before the return should come he was desirous to have his Highness Answer that he might owe some part of the favour he expected to his Highness But on Monday morning the 19th the Earl was told he was not like to have any access and in the afternoon he heard that the return of the Councils Express was looked for on Thursday the 22d being the Council day And further That the Justice Court which according to its custom had sat the same Monday and in course should have adjourned till Monday the 26th of December or because of Christmass to the first Monday of January was for the Earl's sake adjourned till Friday the 23d to the end that immediately upon the King's return they might pronounce Sentence He was moreover informed that his Royal Highness was heard say That if the Express returned not timously he would take upon himself what was to be done Which being general and dark was the more to be suspected All this the Earl told made him the same Monday late cast in his thoughts whether it were not fit for him to attempt an escape but his doubtings were so many he could resolve nothing that night except to put off till Wednesday Yet on Tuesday morning he began to think if he did at all design to escape he had best do it that same evening However he was even then not fully resolved nor had he as yet spoke one word of it to any mortal But about Ten of the Clock this Tuesday his Highness absolute refusal to suffer the Earl to see him until His Majesty's Return came was confirmed And about Noon the Earl heard that some Troops and a Regiment of Foot were come to Town and that the next day he was to be brought down from the Castle to the Common Jail from which Criminals are ordinarily carried to Execution and then he resolved to make his escape that very Night and yet did not conclude it throughly till five of the Clock in the Evening At which time he gave directions about it not thinking to essay it till near Ten But at Seven one coming up from the City and telling him that new Orders were privately given for further securing of him That the Castle Guards were doubled and none suffered to go out without showing their faces and that some Ladies had been already put to do it and therefore disswading him to attempt any escape because it was impossible The Earl said No then it is full time And so he made haste and within half an hour after by God's blessing got safe out questioned pretty warmly by the first Centry
by Hundreds of Thousands at once 4. Because the Dragooners have made more Converts than all the Bishops and Clergy of France 5. The Parliament ought to establish one standing Army at the least because indeed there will be need of Two that one of them may defend the People from the other 6. Because it is a thousand pities that a brave Popish Army should be a Riot 7. Unless it be Established by Act of Parliament The Justices of Peace will be forced to suppress it in their own Defence for they will be loth to forfeit an hundred Pounds every day they rise out of Complement to a Popish Rout. 13 H. 4. c. 7. 2 H. 5. c. 8. 8. Because a Popish Army is a Nullity For all Papists are utterly disabled and punishable besides from bearing any Office in Camp Troop Band or Company of Soldiers and are so far disarmed by Law that they cannot wear a Sword so much as in their Defence without the allowance of four Justices of the Peace of the County And then upon a March they will be perfectly Inchanted for they are not able to stir above five Miles from their own Dwelling-house 3. Jac. 5. Sect. 8.27 28 29.35 Eliz. 2.3 Jac. 5. Sect. 7. 9. Because Persons utterly disabled by Law are utterly Unauthorized and therefore the void Commissions of Killing and Slaying in the Hands of Papists can only enable them to Massacre and Murder To the King 's Most Excellent Majesty The Humble Petition of William Arch-Bishop of Canterbury and divers of the Suffragan Bishops of that Province now present with him in behalf of themselves and others of their absent Brethren and of the Clergy of their respective Diocesses Humbly sheweth THAT the great averseness they find in themselves to the distributing and publishing in all their Churches your Majesty's late Declaration for Liberty of Conscience proceeds neither from any want of Duty and Obedience to your Majesty our Holy Mother the Church of England being both in her Principles and in her constant Practice unquestionably Loyal and having to her great Honour been more than once publickly acknowledg'd to be so by your Gracious Majesty Nor yet from any want of due tenderness to Dissenters in relation to whom they are willing to come to such a Temper as shall be thought fit when that Matter shall be considered and settled in Parliament and Convocation But among many other Considerations from this especially because that Declaration is founded upon such a Dispensing Power as has been often declared Illegal in Parliament and particularly in the years 1662 and 1672. and in the beginning of your Majesty's Reign and is a matter of so great Moment and Consequence to the whole Nation both in Church and State that your Petitioners cannot in Prudence Honour or Conscience so far make themselves Parties to it as the distribution of it all over the Nation and the solemn Publication of it once and again even in God's House and in the Time of his Divine Service must amount to in common and reasonable Construction Your Petitioners therefore most Humbly and Earnestly beseech your Majesty that you will be ciously pleased not to insist upon their Distributing and Reading your Majesty's said Declaration And Your Petitioners as in Duty bound shall ever Pray Will. Cant. Will. Asaph Fr Ely Jo. Cicestr Tho. Bathon Wellen. Tho. Peterburgen Jonath Bristol His Majesties Answer was to this effect I Have heard of this before but did not believe it I did not expect this from the Church of England especially from some of you If I change my Mind you shall hear from me if not I expect my Command shall be obeyed The PETITION of the Lords Spiritual and Temporal for the Calling of a Free Parliament Together with his Majesty's Gracious Answer to their Lordships To the KING 's most Excellent Majesty The Humble Petition of the Lords Spiritual and Temporal whose Names are subscribed May it please your Majesty WE your Majesty's most loyal Subjects in a deep sense of the Miseries of a War now breaking forth in the Bowels of this your Kingdom and of the Danger to which your Majesty's Sacred Person is thereby like to be exposed and also of the Distractions of your People by reason of their present Grievances do think our selves bound in Conscience of the duty we owe to God and our holy Religion to your Majesty and our Country most humbly offer to your Majesty That in our Opinion the only visible Way to preserve your Majesty and this your Kingdom would be the Calling of a Parliament Regular and Free in all its Circumstances We therefore do most earnestly beseech your Majesty That you would be graciously pleased with all speed to call such a Parliament wherein we shall be most ready to promote such Counsels and Resolutions of Peace and Settlement in Church and State as may conduce to your Majesty's Honour and Safety and to the quieting the Minds of your People We do likewise humbly beseech your Majesty in the mean time to use such means for the preventing the Effusion of Christian Blood as to your Majesty shall seem most meet And your Petitioners shall ever pray c. W. Cant. Grafton Ormond Dorset Clare Clarendon Burlington Anglesey Rochester Newport Nom. Ebor. W. Asaph Fran. Ely Tho. Roffen Tho. Petriburg Tho. Oxon. Paget Chandois Osulston Presented by the Arch-Bishop of Canterbury the Arch-Bishop of York Elect the Bishop of Ely and the Bishop of Rochester the 17th of November 1688. His Majesty's most Gracious Answer My LORDS What You ask of Me I most passionately desire And I promise You upon the Faith of a King That I will have a Parliament and such an One as You ask for as soon as ever the Prince of Orange has quitted this Realm For How is it possible a Parliament should be Free in all its Circumstances as You Petition for whil'st an Enemy is in the Kingdom and can make a Return of near an Hundred Voices The Lords Petition with the King's Answer may be printed Novemb. 29. 1688. The P. O.'s Letter to the English Army Gentlemen and Friends WE have given you so full and so true an Account of Our Intentions in this Expedition in Our Declaration that as We can add nothing to it so We are sure you can desire nothing more of us We are come to preserve your Religion and to restore and establish your Liberties and Properties and therefore We cannot suffer Our selves to doubt but that all true English men will come and concur with Us in Our desire to secure these Nations from POPERY and SLAVERY You must all plainly see that you are only made use of as Instruments to enslave the Nation and ruin the Protestant Religion and when that is done you may judge what ye your selves ought to expect both from the cashiering of all the Protestant and English Officers and Soldiers in Ireland and by the Irish Soldiers being brought over to be put in your places
heal all Breaches This Proposal seemed to dissatisfie the whole Meeting and the Duke of Hamilton their President Father to the Earl but they presently parted Wednesday the Ninth of January they met at three of the Clock in the same Room and Sir Patrick Hume took notice of the Proposal made by the Earl of Arran and desired to know if there was any there that would second it But none appearing to do it he said That what the Earl had proposed was evidently opposite and inimicous to his Highness the Prince of Orange's Undertaking his Declaration and the good Intentions of preserving the Protestant Religion and of Restoring their Laws and Liberties exprest in it and further desired that the Meeting should declare this to be their Opinion of it The Lord Cardross seconded Sir Patrick's Motion It was answered by the Duke of Hamilton President of the Meeting That their Business was to prepare an Advice to be offered to the Prince and the Advice being now ready to go to the Vote there was no need that the Meeting should give their Sense of the Earl's Proposal which neither before nor after Sir Patrick's Motion any had pretended to own or second so that it was fallen and out of doors and that the Vote of the Meeting upon the Advice brought in by their Order would sufficiently declare their Opinion This being seconded by the Earl of Sutherland the Lord Cardross and Sir Patrick did acquiesce in it and the Meeting Voted unanimously the Advice following To His Highness the Prince of Orange WE the Lords and Gentlemen of the Kingdom of Scotland Assembled at your Highness's desire in this Extraordinary Conjunction do give your Highness our Humble and Hearty Thanks for your Pious and Generous Undertaking for Preserving of the Protestant Religion and Restoring the Laws and Liberties of these Kingdoms In order to the Attaining these Ends our humble Advice and Desire is That your Highness take upon You the Administration of all Affairs both Civil and Military the Disposal of the Publick Revenues and Fortresses of the Kingdom of Scotland and the doing every Thing that is necessary for the Preservation of the Peace of the Kingdom until a general Meeting of the States of the Nation which we humbly desire your Highness to Call to be holden at Edinburgh the Fourteenth day of March next by your Letters or Proclamation to be published at the Market-Cross of Edingburgh and other Head-Boroughs of the several Shires and Stewartries as sufficient Intimation to All concerned and according to the Custom of the Kingdom And that the Publication of these your Letters or Proclamation be by the Sheriffs or Stewart Clerks for the Free-holders who have the value of Lands holden according to Law for making Elections and by the Town-Clerks of the several Burroughs for the meeting of the whole Burgesses of the respective Royal Burroughs to make their Elections at least Fifteen Days before the Meeting of the Estates at Edingburgh and the Respective Clerks to make Intimation thereof at least Ten Days before the Meetings for Elections And that the whole Electors and Members of the said Meeting at Edingburgh qualified as above Exprest be Protestants without any other Exception or Limitation whatsoever to Deliberate and Resolve what is to be done for securing the Protestant Religion and Restoring the Laws and Liberties of the Kingdom according to your Highness's Declaration Dated at the Council-Chamber in White hall the Tenth Day of January 1689. This Address being Subscribed by Thirty Lords and about Eighty Gentlemen was presented in their presence at St. James's by the Duke of Hamilton their President to his Highness the Prince of Orange who thanked them for the Trust they reposed in him and desired time to consider upon so weighty an Affair Upon the Fourteenth of January his Highness the Prince of Orange met again with the Scots Lords and Gentlemen at St. James's And spoke to them as follows My Lords and Gentlemen IN persuance of your Advice I will until the Meeting of the States in March next give such Orders concerning the Affairs of Scotland as are necessary for the Calling of the said Meeting for the preserving of the peace the applying of the publick Revenue to the most pressing Vses and putting the Fortresses in the Hands of persons in whom the Nation can have a just Confidence And I do further assure you That you will always find me ready to concur with you in every Thing that may be found necessary for Securing the Protestant Religion and Restoring the Laws and Liberties of the Nation The Earl of Crawfourd desired of his Highness That himself the Earl of Louthian and others come to Town since the Address was presented might have an opportunity to Subscribe it which was accordingly done His Highness Retired and all shewed great Satisfaction with his Answer The Emperor of Germany 's Account of K. James 's Misgovernment in joyning with the King of France the Common Enemy of Christendom in his Letter to King James viz. LEOPOLD c. WE have received your Majesties Letters dated from St. Germans the sixth of February last by the Earl of Carlingford your Envoy in our Court By them we have understood the Condition your Majesty is reduced to and that you being deserted after the Landing of the Prince of Orange by your Army and even by your Domestick Servants and by those you most consided in and almost by all your Subjects you have been forced by a sudden Flight to provide for your own Safety and to seek Shelter and Protection in France Lastly that you desire Assistance from us for the recovering your Kingdoms We do assure your Majesty that as soon as we heard of this severe turn of Affairs we were moved at it not only with the common sense of Humanity but with much deeper Impressions suitable to the sincere Affection which we have always born to you And we were heartily sorry that at last that was come to pass which tho we hoped for better things yet our own sad thoughts had suggested to us would ensue If your Majesty had rather given Credit to the Friendly Remonstrances that were made you by our late Envoy the Count de Kaunitz in our Name than the deceitful Insinuations of the French whose chief aim was by fomenting continual Divisions between you and your People to gain thereby an Opportunity to insult the more securely over the rest of Christendom And if your Majesty had put a stop by your Force and Authority to their many Infractions of the Peace of which by the Treaty at Nimegen you are made the Guarantee and to that end entred into Consultations with us and such others as have the like just Sentiments in this matter We are verily persuaded that by this means you should have in a great measure quieted the Minds of your People which were so much exasperated through their aversion to our Religion and the publick Peace had been preserved as well
That the using Torture without Evidence or in ordinary Crimes is contrary to Law That the sending of an Army in a Hostile manner upon any part of the Kingdom in a peaceable time and exacting of Locality and any manner of free Quarter is contrary to Law That the charging the Lieges with Law-burroughs at the King's instance and the imposing of Bands without the Authority of Parliament and the suspending the Advocates from their Imployments for not compearing when such Bands were offered were contrary to Law That the putting of Garisons on private Mens Houses in a time of peace without the consent of the Authority of Parliament is contrary to Law That the opinion of the Lords of Session in the two Causes following were contrary to Law viz. 1. That the concerting the demand of a Supply for a Forfaulted Person although not given is Treason 2. That Persons refusing to discover what are their private thoughts and judgments in relation to points of Treason or other Mens actions are guilty of Treason That the fining Husbands for their Wives withdrawing from the Church was contrary to Law That Prelacy and Superiority of any Office in the Church above Presbyters is and hath been a great and unsupportable Grievance and Trouble to this Nation and contrary to the Inclinations of the Generality of the People ever since the Reformation they having Reformed from Popery by Presbyters and therefore ought to be abolished That it is the Right and Privilege of the Subjects to protest for remand of Law to the King and Parliament against Sentences pronounced by the Lords of Session providing the same do not stop execution of the said Sentences That it is the Right of the Subjects to Petition the King and that all Imprisonments and Prosecutions for such Petitions are contrary to Law That for redress of all Grievances and for the amending strengthning and preserving of the Laws Parliaments ought to be frequently called and allowed to sit and the freedom of Speech and Debate secured to the Members And they do claim and demand and insist upon all and sundry the Premisses as their undoubted Right and Liberties and that no Declarations Doings or Proceedings to the prejudice of the People in any of the said Premisses ought in any ways to be drawn hereafter in consequence and example but that all Forfaultures Fines loss of Offices Imprisonments Banishments Pursuits Persecutions and Rigorous Executions be considered and the Parties seized be redressed To which demand of the Rights and Redressing of their Grievances they are particularly incouraged by his Majesty the King of England his Declaration for the Kingdom of Scotland of the _____ day of October last as being the only means for obtaining a full Redress and remead therein Having therefore an entire Confidence That his said Majesty the King of England will perfyte the Deliverance so far advanced by him and will still preserve them from the Violation of the Rights which they have here asserted and from all other Attempts upon their Religion Laws and Liberties The said Estates of the Kingdom of Scotland do resolve That William and Mary King and Queen of England France and Ireland â—e and Be Declared King and Queen of Scotland to Hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of them and that the sole and full exercise of the Royal Power be only in and exercised by him the said King in the Names of the said King and Queen during their joynt lives And after their deceases the said Crown and Royal Dignity of the said Kingdom to be to the Heirs of the Body of the said Queen Which failing to the Princess Ann of Denmark and the Heirs of her Body Which also failing to the Heirs of the Body of the said William King of England And they do pray the said King and Queen of England to accept the same accordingly And that the Oath hereafter mentioned be taken by all Protestants of whom the Oath of Allegiance and any other Oaths and Declarations might be required by Law instead thereof And that the said Oath of Allegiance and other Oaths and Declarations may be Abrogated I A. B. Do sincerely Promise and Swear That I will be Faithful and bear True Allegiance to Their Majesties King William and Queen Mary So help me God A Proclamation declaring William and Mary King and Queen of England to be King and Queen of Scotland Edinburgh April 11. 1689. WHereas the Estates of this Kingdom of Scotland by their Act of the Date of these Presents have Resolved That WILLIAM and MARY King and Queen of England France and Ireland Be and Be declared King and Queen of Scotland to hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of Them and that the Sole and Full Exercise of the Regal Power be only in and Exercised by the said King in the Names of the said King and Queen during their joynt Libes As also the Estates having Resolved and Enacted an Instrument of Government or Claim of Right to be presented with the Offer of the Crown to the said King and Queen They do Statute and Ordain that William and Mary King and Queen of England France and Ireland be accordingly forthwith Proclaimed King and Queen of Scotland at the Mercat Cross of Edinburgh by the Lyon King at Arms or his Deputs his Brethren Heraulds Macers and Pursevants and at the Head-Burghs of all the Shires Stewarties Bailliaries and Regalities within the Kingdom by Messengers at Arms. Extracted forth of the Meeting of the Estates by me Ja. Dalrymple Cls. God save King WILLIAM and Queen MARY The Manner of the King and Queen taking the Scotish Coronation Oath May 11. 1689. THis day being appointed for the publick Reception of the Commissioners viz. The Earl of Argyle Sir James Montgomery of Skelmerly and Sir John Dalrymple of Stair younger who were sent by the Meeting of the Estates of Scotland with an Offer of the Crown of that Kingdom to Their Majesties they accordingly at three of the Clock met at the Council-Chamber and from thence were Conducted by Sir Charles Cotterel Master of the Ceremonies attended by most of the Nobility and Gentry of that Kingdom who reside in and about this place to the Banqueting-House where the King and Queen came attended by many Persons of Quality the Sword being carried before them by the Lord Cardrosse and Their Majesties being placed on the Throne under a Rich Canopy they first presented a Letter from the Estates to his Majesty then the Instrument of Government Thirdly a Paper containing the Grievances which they desired might be Redressed and Lastly an Address to His Majesty for turning the Meeting of the said Estates into a Parliament All which being Signed by his Grace the Duke of Hamilton as President of the Meeting and
read to their Majesties the King returned to the Commissioners the following Answer WHen I engaged in this Vndertaking I had particular Regard and Consideration for Scotland and therefore I did emit a Declaration in relation to That as well as to this Kingdom which I intend to make good and effectual to them I take it very kindly that Scotland hath expressed so much Confidence in and Affection to Me They shall find Me willing to assist them in every thing that concerns the Weal and Interest of that Kingdom by making what Laws shall be necessary for the Security of their Religion Property and Liberty and to ease them of what may be justly grievous to them After which the Coronation-Oath was tendred to Their Majesties which the Earl of Argyle spoke word by word directly and the King and Queen repeated it after him holding Their Right Hands up after the manner of taking Oaths in Scotland The Meeting of the Estates of Scotland did Authorize their Commissioners to represent to His Majesty That that Clause in the Oath in relation to the rooting out of Hereticks did not import the destroying of Hereticks And that by the Law of Scotland no Man was to be persecuted for his private Opinion And even Obstinate and Convicted Hereticks were only to be denounced Rebels or Outlawed whereby their Moveable Estates are Confiscated His Majesty at the repeating that Clause in the Oath Did declare that He did not mean by these words That He was under any Obligation to become a Persecutor To which the Commissioners made Answer That neither the meaning of the Oath or the Law of Scotland did import it Then the King replyed That He took the Oath in that Sense and called for Witnesses the Commissioners and others present And then both Their Majesties Signed the said Coronation-Oath After which the Commissioners and several of the Scotish Nobility kissed Their Majesties Hands The Coronation OATH of England The Arch-bishop or Bishop shall say WIll You solemnly Promise and Swear to govern the People of this Kingdom of England and the Dominions thereto belonging according to the Statues in Parliament agreed on and the Laws and Customs of the same The King and Queen shall say I solemnly Promise so to do Arch-bishop or Bishop Will You to Your Power cause Law and Justice in Mercy to be Executed in all Your Judgments King and Queen I Will. Arch-bishop or Bishop Will You to the utmost of Your Power Maintain the Laws of God the true Profession of the Gospel and the Protestant Reformed Religion Established by Law And will You Preserve unto the Bishops and Clergy of this Realm and to the Churches committed to their Charge all such Rights and Priviledges as by Law do or shall appertain unto them or any of them King and Queen All this I Promise to do After this the King and Qeen laying His and Her Hand upon the Holy Gospels shall say King and Queen The Things which I have here before Promised I will Perform and Keep So help me God Then the King and Queen shall kiss the Book The Coronation OATH of Scotland WE William and Mary King and Queen of Scotland faithfully Promise and Swear by this Our solemn Oath in presence of the Eternal God that during the whole course of Our Life we will serve the same Eternal God to the uttermost of Our Power according as he has required in his most holy Word reveal'd and contain'd in the New and Old Testament and according to the same Word shall maintain the True Religion of Christ Jesus the Preaching of his holy Word and the due and right Ministration of the Sacraments now Received and Preached within the Realm of Scotland and shall abolish and gainstand all false Religion contrary to the same and shall Rule the People committed to our Charge according to the Will and Command of God revealed in his aforesaid Word and according to the laudable Laws and Constitutions received in this Realm no ways repugnant to the said Word of the Eternal God and shall procure to the utmost of Our Power to the Kirk of God and whole Christian People true and perfect Peace in all time coming That we shall preserve and keep inviolated the Rights and Rents with all just Privileges of the Crown of Scotland neither shall we transfer nor alienate the same That we shall forbid and repress in all Estates and Degrees Reif Oppression and all kind of wrong And we shall Command and Procure that Justice and Equity in all Judgments be keeped to all persons without exception as the Lord and Father of all Mercies shall be merciful to us And we shall be careful to root out all Hereticks and Enemies to the true Worship of God that shall be Convicted by the true Kirk of God of the aforesaid Crimes out of Our Lands and Empire of Scotland And we faithfully affirm the things above written by Our Solemn Oath God save King WILLIAM and Queen MARY Proposals humbly offered to the Lords and Commons in the present Convention for settling of the Government c. My Lords and Gentlemen YOV are Assembled upon Matters of the highest Importance to England and all Christendom and the result of your Thoughts in this Convention will make a numerous Posterity Happy or Miserable If therefore I have met with any Thing that I think worthy of your Consideration I should think my self wanting in that duty which I owe to my Country and Mankind if I should not lay it before You. If there be as some say certain Lineaments in the Face of Truth with which one cannot be deceiv'd because they are not to be counterfeited I hope the Considerations which I presume to offer You will meet with your Approbation That bringing back our Constitution to its first and purest Original refining it from some gross Abuses and supplying its Defects You may be the Joy of the present Age and the Glory of Posterity FIrst 'T is necessary to distinguish between Power it self the Designation of the Persons Governing and the Form of Government For 1. All Power is from God as the Fountain and Original 2. The Designation of the Persons and the Form of Government is either First immediately from God as in the Case of Saul and David and the Government of the Jews or Secondly from the Community chusing some Form of Government and subjecting themselves to it But it must be noted that though Saul and David had a Divine Designation yet the People assembled and in a General Assembly by their Votes freely chose them Which proves that there can be no orderly or lasting Government without Consent of the People Tacit or Express'd and God himself would not put Men under a Government without their Consent And in case of a Conquest the People may be called Prisoners or Slaves which is a state contrary to the Nature of Man but they cannot be properly Subjects till their Wills be brought to submit to the Government
truly for him he was never heard to disswade any to take the Test nor to disparage it after it past in an Act only he refused to take it himself without an Explanation which to firetch to a Crime is beyond all example I confess he never cry'd it up as super excellent or Divine a some have done that can alter their tone and decry it as much when ever there shall be occasion The next morning the Earl waited on his Highness expecting yesternights countenance and indeed nothing less than what he met with for beginning to speak with his Highness in private his Highness interrupted him and said he was not pleased with his Explanation The Earl said he did not presume to give it till his Highness allowed him His Highness acknowledged that the Bishop of Edinburgh had told him that the Earl intended an Explanation But says his Highness I thought it had been some short one like Earl Queensburries The Earl answered that his Highness heard what he said His Highness said he did but he was surprized Then the Earl said he had said the same thing in private to his Highness wherewith he at that time appeared satisfied And the Earl being about to say more in his own vindication his Highness interrupting him said well it is past with you but it shall pass so with no other which words the Earl thought did both confirm the Councils acceptance and his explanation and sufficiently clear him of all offence if he had incurred any And whatever hath been his Highness resolution or the Earls misfortune since the Earl is perswaded that his Highness was resolved then to push the affair no further for though some had still the same animosities and prejudices against the Earl yet hitherto they had not adventured to undertake to extract and forge such Crimes out of his words as afterwards they did And it was not till private suggestions were made that Advocates were asked as they were if these words could be stretched to Treason and that when the ablest denied the Kings Advocate complied and was ordered to draw the Indictment and some Judges were engaged and secured about it as will appear when ever His Majesty thinks it his Interest to take an exact trial of that whole affair The Earl did think as I just now said his Highness saying it was past as to him was enough he was resolved to say no more for justifying himself but seeing he is so hardly pressed and his life and honour at the stake it is hoped his Highness will not disown what the Earl hath hitherto so respectfully concealed and is now no less necessary to be spoke out for his vindication And that is that besides that his Highness did allow the Earl to explain and did hear his explanation in Council and approve it The Earl did twice in private once before and once after his Oath in Council repeat to his Highness the same words that the Treason is now founded on viz. That the Earl meant not to bind up himself to wish and endeavour in a lawful way and in his station any alteration he thought to the advantage of Church and State not repugnant to the Protestant Religion and his Loyalty and that his Highness was so far from charging them with Treason that he said plainly both times the Earls scruples were unnecessary and that the Test did not bind him up as he imagined adding further the last time that the Earl had cheated himself for notwithstanding the explanation he had taken the Test To which the Earl only answered that then his Highness should be satisfied Now after all this that Treason should be so earnestly searched for and so groundlessly found in those words is it not strange beyond all example Could it be Treason for the Earl to say He will not bind up himself where his Highness says so oft and so plainly It was not intended that he or any man should be bound up What past the next day after the Earl had taken the Test and was received by the Council is also proper for you to know The Earl being to take it as one of the Commissioners of the Treasury it was commonly thought that he and the other Commissioners were to take it in the Exchequer but after Ten of the Clock about two hours after the Earl had parted from his Highness one told him there was a design upon him to make him swear once more before the Council And accordingly at Twelve there was an extraordinary Council called in the Abbey and there it was found That the Commissioners of Treasury as Officers of the Crown were to take the Test before the Council and it was told the Earl that the Exchequer could not that day sit without him And to make the matter more solemn it was resolved that the Council should meet that Afternoon and that his Highness should be present So as soon as they were met the Oath was tendered and the Earl offering to take it and saying only these words as before the Earl of Roxburgh never heard to speak in Council till then stood up behind his Highness Chair and with Clamour asked what was said To whom his Highness was pleased to turn and inform him upon which Roxburgh prepared for the purpose desired that what the Earl of Argyle had said the day before might be repeated Which the Earl seeing a design upon him did at first decline till he was peremptorily put to it by his Highness and he being Ingenuous and thinking no course more proper to prevent mistakes of words he said he had a Note of what he had said in his Pocket which his Highness called for very earnestly and Commanded him to produce which be done and the Paper read so secure was the Earl of his Innocency that he was willing upon the first motion to sign it But the then new President of the Session now Chancellor and the new Register could not agree whether it was fit or not the Treason not yet appearing when read in Council as when they had talked of it in private so the Earl was removed and then called in and after these two had whered and adjusted their Inventions he was desired positively to sign the Paper he had given in To which he answered he meant well and truly did see no ill in the Paper why he might not and if the words did please them then as they did when they were first pronounced he would do it But if they found the least matter of displeasure in them he would forbear Whereupon being again removed and called in he was told he had not given the satisfaction required by the Act of Parliament in taking the Test And so could not sit in the Council and somewhat more was added as if the matter drew deeper but the particular words I do not know To which the Earl said that he judged all the Parliament meant was to exclude Refusers of the Test from Places of trust And