Edinburgh, At the , February 13. 1661. THe, Marquis of Argyle (being accused of High Treason, at the instance of Sir John Fletcher, his Majesty's Advocate for his Interest) was brought to the Bar: His Lordship humbly desired but to speak a few words before read-the Indictment; assuring to speak nothing in the Cause itself. Whereupon he was removed a little, and after some Debate, the House resolved that the said Indictment should be first read. Then his Lordship desired that a Bill which he had caused his Advocats give in to the Lords of the Articles, (desiring a precognition, with many reasons urging the necessity of it) to which he had received no answer, might be read before the said Indictment; which being likewise refused, the said Indictment was first read; and after the reading thereof, the Marquis (being put off his first thoughts) was compelled to this extemporary Discourse following, as it was faithfully collected from several Hands, who writ when his Lordship spoke. May it please your Grace, MY Lord Chancellor, Before I speak any thing, I shall humbly protest my words may not be wrested, but that I may have Charity to be believed; and I shall with God's assistance, speak truth from my heart. I shall, my Lord, resume Mephibosheths answer to David, (after a great Rebellion, and himself evil reported of) saith he, 2 Sam. 19.30. Yea, let him take all, for as much as my Lord the King is come home again in peace into his own house; So say I, since it has pleased God Almighty graciously to return his Sacred Majesty to the Royal Exercise of his Government over these Nations, to which he has undoubted Right, and was most unjustly and violently thrust therefrom by the late tyrannising Usurpers. It is, my Lord, exceeding matter of joy to us all, that that Iron-yoke of Usurpation (under which we have these many years sadly groaned) is now broke, and with much freedom this High and Honourable Court of Parliament are meeting together, under the refreshing warm Beams of his Majesty's Royal Government, (so much longed for by our almost starved expectations;) and I do earnestly wish his Royal Presence upon his Royal Throne amongst us; but since at this time that great happiness cannot probably be expected, I am glad that his Majesty's Prudence has singled out such a qualified and worthy person as my Lord Commissioner his Grace to represent himself, whose unspotted Loyalty to his Majesty we can all witness. I cannot, my Lord, but acknowledge, that these two grand Mercies, which comfortably attends my present condition; one is, The high thoughts I deservedly entertain of that transcendent and Princely clemency wherewith his Sacred Majesty is so admirably delighted, abundantly evidenced by many noted and signal testimonies in all the steps of his Majesty's carriage; as those most gracious Letters, Declarations, and that free and most ample Act of Indemnity, granted to all his Majesty's Subjects, (excepting some of the immediate Murderers of his Royal Father) to eradicate any timorous Jealousies of his Majesty's gracious Pardon (which might haply arise by serious reflectings) convincing them forceably of their own miscarriages in these unhappy times of distraction: The effects, my Lord, of which Princely deportment, I am confidently hopeful, his Majesty has experimentally, and shall find, prove one effectual Cement to concilliate the most antimonarchick and disaffected persons [excepting some of those barbarous fanatics] in all his Majesty's Dominions, most willingly to the subjection of his Majesty's Royal Sceptre; and with a perfect hatred abominate all disloyal Practices in themselves or others, in all time coming. The second is, my Lord, When I consider that my Judges are not such as we had of late, [Strangers,] but my own Countrymen; both which jointly [together with the real sense and solid convictions I have of my innocency of these calumnies most unjustly charged upon me] encourages my hopes the rather, to expect such dealing, as will most sympathise with that clement humour [to which his Sacred Majesty hath such a natural propensity] and such equal administration of Justice [void of all byassing prejudices] as will be most suitable to such a high and honourable Meeting. I shall therefore, my Lord, desire to use Paul's answer for himself, being accused of his Countrymen, may not be mistaken, he having a learned Orator Tertullus accusing him, Acts 24.14, 15, 16. as I have my Lord Advocate; Pawles was Heresy, mine of another nature; but I must say with him, That the things they allege against me cannot be proved; but this I confess, in the way allowed by solemn Oaths and Covenants, I have served God, my King, and Country [as he said] which they themselves also allow. I shall, my Lord, remember [not with repining, but for information] my hard usage, never having had my Hearing, nor allowance of Pen, Ink, nor Paper, nor the comfort of seeing my Friends freely, until I received this Summons, which was in effect a Load above a Burden; Enemies, both Scots and English, out of Malice calumniating me for all the same things, excepting what relates to his Majesty's most Royal Father of ever glorious memory. Therefore, my Lord, I beg charity and patiented hearing, not doubting but the wisdom and goodness of the Parliament will be so favourable, and not as the inconsiderate multitude [as a learned and able man * Sir Walter Raleighs Preface to to the History of the World. writes, says he,] As we see in experience, That Dogs they always bark at them they know not; and that it is their nature, to accompany one another in those clamours; so it is with the inconsiderate multitude, who wanting that virtue which we call honesty in all men; and that special gift of God [which we call charity in Christian men] condemn without hearing, and wound without offence given, led thereunto by uncertain report only; which his Majesty King James only acknowledges to be the Father of Lies: I shall not desire to be in the least mistaken by any that hear me: But sure I am, it is pertinently applicable to my case. I entreat your Lordship likewise to consider the words of another notable man, * Speed in his History. who says, As the tongues of Parasites are ill Balances to weigh the Virtues of Princes and great Men, so neither should theirs, nor other men's blemishes be looked upon as they are drawn with the deformed Pencil of Envy or Rancour; which do always attend Eminency, whether in place or virtue. I shall not, my Lord, be so presumptuous as to arrogate any thing to myself in this, only I want not the two Companions; for I am but a weak man, subject to many failings and infirmities, [whereof I do not purge myself] for as we must confess to God Almighty, Psal. 130.3. if he should mark iniquity, who can stand? Neither shall I say, That there cannot a Hole be discovered [as the Proverb is] in my Coat; and it cannot but be so with any, specially such as have laboured in such time's business; but I bless the Lord, that in these things which have been, and are here cast upon me, I am able to make the falsehood and misconstruction of them palpably appear. My Lord, before I mention any thing in particular, I must show this honourable Meeting of Parliament, and all that hear me, [who doubltess have various apprehensions of my being present in this condition,] that I am here rather as my misfortune, nor my injury; wherein I desire to explain the difference, as Plato and Aristotle does very well; calling injuries such things as are done purposely with a wicked mind; and misfortunes, such things as are done with a good mind, though the events prove bad, yet we could not foresee them. So, My Lord, I shall take God to record (who must judge me one day) upon my Conscience, That what I did, flowed not from any injurious principle to any, though I acknowledge the events were not still so successful (which was my misfortune) indeed; but it has been my Lot often in these times, wherein I and many others have been inevitably involved, to be by the malicious tongues of my calumniating enemies, misconstructed for the worst; yea, even in many things that the Lord was pleased to make successful: for the truth of this, I may, I hope, safely appeal to many in this Honourable House, who can abundantly witness my faithful and Loyal Endeavours for both my King and Native Country: whereof I should be very sparing to be an Herald myself, were not the contrary so impudently affirmed. There are five main calumnies that I desire, my Lord, to satisfy all that hear me a little in; to the end that the rest of less moment may be likewise in its own due time heard afterward abstract more from personal prejudice. The first Calumny is, my Lord, concerning that horrid and unparalleled Murder of his late Royal Majesty of eternally blessed Memory; I do here publicly declare, that I neither desire, nor deserve the least countenance or favour, if I was either accessary to it, or on the counsel or knowledge of it; which to make clearly appear, is under Oath of the Parliament Books 1649, whereof I was the first starter myself, to the intent we might both vindicate ourselves, and endeavour a discovery, if any amongst us had any accession to that horrid and Villainous Crime; as also in my latter Will which I made going to England, in anno 1655 or 1656, fearing what possibly might hereafter be obtruded by any upon me or my Family upon that account, I set it down to clear my posterity, That I was altogether free of that detestable and execrable Crime, or of any prejudice to his Majesty, in either person or Government: I left this with a very worthy Gentleman, I believe well known to your Lordship, and never saw it since, so your Lordship may be pleased if you will to call for it and try the truth; whatsoever other thing may be in it, I hope, my Lord, this opportunity is a mercy to me, to have that vile calumny amongst many others against me to be cleared. And, my Lord, to make this particular yet more evident, I did still, and do positively assert, that I never saw that monstruous Usurper, Oliver Cromwell, in the face, nor ever had the least correspondence with him, or any of that Sectarian Army, until the Commands of the Committee of Estates sent me, with some other Noblemen and Gentlemen to the Border, in anno 1648, to stop his march into Scotland after those who retired from Preston fight; neither after he left the Border in the year 1648, did I ever correspond with him, or any of that Sectarian Army, so unsatisfied was I with their way, after the wicked and sinistrous courses he and they were upon afforded evident presumptions for us to apprehend, that he and they intended prejudice to his Royal Majesty; only one letter I received from Sir Atrhur Hesilrig, to which I returned answer, That he might spare his pains in writing to me, for I blessed the Lord who taught me by his Word, To fear God and honour the King, and not to meddle with them that were given to change; though Sir Arthur be now dead, yet he acknowledged to several in the Tower, that he still had my Letter: and when I was there, I often desired he might be posed and examined about it; which I can presently instruct. And during, my Lord, my being in England neither in London nor Newcastle in anno 1647. There was not any thing so much as mentioned concerning his late Majesty's person; all that ever I heard of, was in public Parliament 1647. The Commissioners papers at London, and the Committee Books at Newcastle will clear this fully. The second calumny is anent the inhuman Murder of Duke James Hamilton: My Lord, it's well known my great respect to that truly Noble and Worthy person, whereof (upon all occasions) I gave ample testimonies, and can yet convince any of his friends with the reality of it; and evidenced my true sorrow for the wicked cruelty committed upon him; But indeed I cannot deny I refused to compliment Cromwell on his behalf, he having, my Lord, been immediately preceding, so instrumental, and so very active in that most horrid and lamentable Murder of his late Sacred Majesty, and if I had done otherwise, undoubtedly it had been a more black Article in that Lybel now read, than any that is in it. The third Calumny is, That which breeds a great part of these groundless Clamours (though it be not in the Indictment) is my Lord Marquis of Huntly's death; wherein I may truly say, I was as earnest to preserve him, as possibly I could, (which is very well known to many in this Honourable House) and my not prevailing, may sufficiently evidence I had not so great a stroke nor power in the Parliament as is libeled; And, my Lord, for his Estate, I had nothing in that, but for my own absolutely necessary relief, and was ever most willing to part with any interest I had therein, getting his Friends (who professed much Zeal for the standing of the Family] engaged for warrandise to me, of any portion that should happen to fall my satisfaction; and to evidence that I was no means to harm the Family, I stood with my Right betwixt all Fines and Forefeitures of Bonds, and accounted for anything I could receive; and to manifest yet further, that the burden of that Family was not from any extrinsic cause to themselves, I have under the old Marquis his own hand, and his Sons, George Lord Gordon, who was a very worthy young Nobleman, the just Inventory of their Debts, amounting to about one million of Marks, in anno 1640. It would I fear, my Lord, consume too much of the Parliaments precious time, to hear many other circumstances to make this particular more clear, which I shall at this time forbear. The fourth Calumny is, the death of the Marquis of Montrose; There are many in this House, my Lord, who know very well I refused to meddle either in the matter or manner of it; and sofar were we from having any particular Quarrels at one another, that in anno 1645, he and I were fully agreed upon Articles and Conditions contained in a Treaty passed betwixt us; the Gentleman is yet alive who carried the messages both by Word and Writing betwixt us; and it was neither his fault nor mine that the business did not end at that time, which is know to all, proved very obnoxious to the Kingdom thereafter. The fifth Calumny is concerning my dealing with the English after Worcester sight; It is well known, my Lord, to many, that myself, and the Gentlemen of Argyleshire, my Kinsmen, Vassals and Tenants, endeavoured cordially to engage all their Neighbours about them on all hands, against the English, which they did not prevail in, but was most unhappily made known to the English Commanders for the time; which they caused immediately publish, as a very notable Discovery, in their news Books; which occasioned two sad disad vantages to us: for they not only crushed our Attempts in the infancy, but also determined the severer Resolutions against us; whereby two strong Regiments of Foot, Overtouns and Reads, and very near the number of one of Horse, under the Command of one Blackamoor, were sent to Argyle, and when Dean came there, it pleased God to visit me with a great distemper of sickness, as Doctor Cunninghame, and many others who were with me, can witness, what my Lord, I was pressed to when I was violently in their hands, may be instructed by the paper itself, written by Deans man's own hand yet extant to show, which I did abolutely refuse upon all the hazard of the uttermost of their malice; as also what I was necessitate to do, is likewise ready to be shown, whereby I was still continued their Prisoner upon demand. I shall, my Lord, add one Reason more to clear this (besides many other weighty public Reasons and Considerations, which I shall forbear to mention at this time, it being more natural to bring them in by way of Defences afterward) my own Interest, and of all Noblemen and Superiors in Scotland. It may be rationally presumed, that I had been a very senseless fool, if ever I had been for promoting such an Authority or interest over me, as leveled all, and was so totally destructive to all that differenced myself and other Noblemen, from their own Vassals, (which many says I was too earnest in) Yea, it being absurdly derogative to all true Nobility; and my Ancestors and I (as is said in that Libel having had so many Titles of Honour, Dignity, and eminent places of Trust conferred upon us by his Majesty's Royal Predecessors and himself, (all for our constant Loyalty and adherence to the Crown at all occasions (as the Records and Histories of this ancient Kingdom holds forth, besides the Narratives of all our Grants) and asserting the just privileges thereof against all opposers) I did, my Lord, ever (even when the English were at the intolerable height of Usurpation) declare my true abhorrence to a Commonwealth Government, which was well known to them all. I was not indeed, my Lord, very dissatisfied when there was Rumours spread abroad of Cromwel's being made a King, as some here present can witness: For I told them it was a most probable way for his Majesty; and the more it were encouraged, would tend the more to Cromwell, and their deformed Common wealth's Governments Ruin, and promote his Majesty's just interest the more. My Lord, I shall not much blame my Lord Advocate for doing his endeavour [it being an essential part of his Function to accuse] but I must say, That it is very hard measure, that so able a man has taken near as many Months, in taking pains to prompt as many Enemies as his persuasions could possibly invite, to vent out the highest notes of their malice, and laying out search by them for, and collecting all the bad Reports, or rather, to give them their genuine term, I may call them a confused Mass of the common Clashes of the Country, thereby to devise misconstructions of all the public actings, of both Parliaments and Committees, during the late troubles, and with strange and remote inferences to adduce all those to the channel of my particular actings; he has taken, I say, my Lord, as many Months, as I have had days, to answer them, being an exceeding disadvantage. But my Lord, that's not all, I am like wise extremely troubled, that he labours in that Libel all along to draw an obscure vail of perpetual oblivion over all my good services; and specially my faithful and loyal endeavours in restoring of his Sacred Majesty to the Crown of this his most Ancient Kingdom of Scotland, and the exercise of his Majesty's Royal Authority therein, with my cordial endeavours for his Majesty's Restitution to the rest of his Dominions also, which his Majesty both knows, and has been pleased often to acknowledge it to have been good service; yea, and many present in this Honourable House knows, that I extended both my Zeal and Affection to the utmost of my Power for his Majesty's Service in that particular, which I willingly acknowledge nothing, my Lord, but my duty, whereunto I was tied both by natural civil, and Christian Bands to my Sovereign, and specially such a King of whom I may say well [as I have often affirmed] That he is a King in whom the Lord has been pleased to take such pleasure, as to possess his Majesty with so many superlative degrees of Excellency, that will certainly exalt his Majesty's Fame both in our Age, and to subsequent Posterity, above all the Monarches in the World; so, that my Lord, we may consequently discover a high Demonstration of the Lords singular Kindness, and special providential care for us his Majesty's Subjects, in preserving such a rich Blessing as his Sacred Majesty (in whom the Happiness of these Nations is wrapped up) under the safe Wings of his Divine Protection, I may say, Psal: 56.2. even when the extravagant malice of men would have swallowed him up. After my Lord had ended this discourse (being heard by all very attentively, without any Interruptions) Thus the Lord Advocate spoke to my Lord Chancellor. My Lord, what can the Marquis of Argyle say to the opposition at Stirling, in anno 1648. The Marquis replied, That he found my Lord Advocate endeavoured to bring him to debate the particulars [which he hoped should be cleared at another more convenient time) and waved answering the thing itself, but insisted thus: My Lord Chancellor, I have [informative only] hinted a little at the main things which I am often charged with, my Memory cannot fully reach all, neither will time permit to circumstantiat these particulars, which I have only touched in the general; nor is it my purpose at present to fall on the debate of any of that Libel [not having yet consulted the Process] by reason these Advocats your Lordship was pleased to allow me, have not yet all embraced, and the excuses of my ordinary Advocats [in whom I had confidence] being admitted as relevant. And their Gentlemen, that has been pleased [in obedience to your Lordship's Command] to come here with me, not being much acquainted with matters of this weight, and not having embraced till within these two or three days: So that they are strangers altogether to my case] I shall therefore my Lord, humbly desire, that a competent time may be allowed me, that I may prepare my Defences, and I shall [God willing] abundantly clear every particular in that Libel. And also my Lord, I humbly desire, that these other Advocats, who were ordained by your Lordships to assist me [and after the Honourable Lords of Articles had heard them, rejected their excuses] may be now reordained to consult and appear for me. The Marquis his Advocates entered a Protestation, that what should happen to escape them in pleading [either by word or Writ, for the Life, Honour, and Estate of the said Noble Marquis, their Client might not thereafter be obtruded to them as Treasonable, whereupon they took instruments. The Marquis assured my Lord Chancellor, That he knew not of any such Protestation to be presented, and that it flowed simply of themselves; whereupon my Lord Chancellor desired the Marquis and his Advocats to remove, till the House should consider both of my Lords desire, and the Advocats Protestation. The Marquis and his Advocats being removed. The House [after some small debate] resolved, as to my Lord Marquis desires, his Lordship should have till the 26 of February to give in his Defences in Writ, and ordained Mr. Andrew Ker to be one of his Advocats. As to the Advocats Protestation, the House resolved, That they could not be allowed to speak Treason either by word or Writ but upon their peril, only allowed them in the general, as much as in such cases was indulged to any. The Marquis and his Advocats being called in, my Lord Chancellor intimated the foresaid Resolutions of the House, both in reference to my Lord Marquis, and to the Advocats Protestation. When my Lord Chancellor had done, the Marquis spoke as followeth; My Lord Chancellor, THere is one thing that had almost escaped me, anent that opposition at Stirling, 1948. That my Lord Advocate was speaking of, That it may not stick with any of this honourable meeting, I shall ingenuously declare, that after the Defeat at Prestoun, I was desired to come and meet with the Committee of Estates (meaning those who were in the then Engagement) And being come with some of my Friends to Stirling, fearing no harm, and suspecting nothing, I was Invaded by Sir George Moure, where several of my Friends were killed, and myself hardly escaped, which is all that can be said I acted in Arms as many here knows. My Lord, Not that I am any ways diffident; but I shall in due time clear every particular of that Libel; Yet I am not a little troubled that some who have heard the Calumnies therein; may let them have such an impression (being asserted with such confidence) as to conceal a possibility, if not a probability of their being true; I shall therefore desire so much Charity from this honourable Meeting, that there be no hard thoughts entertained till I be fully heard. The Marquis therefore with the joint concurrence of his Advocates, humbly desired, that the Bill (containing many pungent Reasons) for a precognition of his Process, given to the Honourable Lords of Articles might be read and considered, in plene Parliament. To which my Lord Chancellor replied, that it had been formerly refused at the Articles, and that it would not be granted. So his Lordship was carried back to the Castle. Edinburh, March 5. 1661. At the parliament House. The Marquis of Argyle being called in, gave in a Bill containing several weighty Reasons, desiring a continuation till the Meeting of Parliament to Morrow. His Lordship being removed, after a long Debate, it was carried against him by two or three Votes; and his Lordship being called in, my Lord Chancellor told him it was refused, and ordered his Lordship to produce his Defences, whereupon he spoke as followeth; May it please your Grace, MY Lord Chancellor, This Business is of very great concernment to me, and not small in the preparative of it to the whole Nation; Yea, it may concern many of your Lordships (who are sitting here) and (your Posterity;) And therefore I desire to have your Grace (my Lord Commissioner) and the remanent Members of this honourable Meeting, your patience to hear me a sew words without-prejudice or misconstruction, which any thing I can say is often obnoxious to. I shall my Lord begin with the Words of that Godly King, Jehosaphat that good King of Judah, (after he was come back in peace to Jerusalem) in his Instructions to his Judges, he desires them to take heed what they do, for they judge not for Men, but for the LORD, who is with them in the Judgement. My Lord, I shall speak another Word to many young Men, who were either not Born, or so Young that it is impossible they could know the beginning of these Businesses, which are contained in the Libel against me (being all that hath been done since the Year. 1638,) so that they might have heard by report, what was done, but not why, or upon what Grounds, and what some have Suffered but not what they have deserved.— Therefore I desire your Lordship's Charity, until all the particulars and several Circumstances of every Particular be heard, without which no Man can Judge rightly of any Action. For as it is well observed by that incomparable Grotius, that Aristotle asserts, that there is more certainty in the Mathematics than Morals, for as Grotius has it, the Mathematics separates Forms from Matters, as betwixt Strait and Crooked there is no midst, but in Morals, even the least Circumstances vary the Matter, so that they are wont to have something betwixt them, with such Latitudes, that the Access is near sometime to this, sometime to that Extreme; So that betwixt that which ought to be done, and that which ought not to be done, is interposed, that which may be done, but is nearer now to this, than to the other Extremity, or part, whence ambiguity often ariseth? The particular Circumstances are so obvious to every understanding Man, that I need only to mention them. Maxim 1. Polybius my Lord makes much of his History depend upon these three, Concilia, Causa, et eventus; and there are likewise other three, Tempus, Locus, et Personae, Counsels, Causes, Events, Time, Place, Persons. The change whereof makes that which is lawful duty, unlawful, and on the contrary, so likewise in speaking or repeating words, the adding or paring from them, will quite alter the sense and meaning; as also in writing, the placing of the Commas or Points, will change the sentence to a quite other purpose than it was intended. Maxim 2. There is my Lord, another Maxim, which I do not mention as always undeniable; but when there is no lawful Magistrate exercising power and authority in a Nation, but an invading Usurper in possession, esteeming former Laws, Crimes; In such a case I say the safety of the people is the Supreme Law. Maxim 3. There is another Maxim, which is not questioned by any, and it is, Necessity has no Law; for even the Moral Law of God yields to it, and Christ's Disciples in David's example: For this Seneca says, Necessity (the defence of humane imbecility) breaks every Law; Nam necessitas legum irridet vincula, Necessity scorns the setters of Laws: So he that answers that Libel, The long Parliament revived, speaking of this last Parliament (which his Majesty calls, a blessed healing Parliament,) he says, the necessity to have it, may dispense with some formalities: so Ravenella (so much esteemed in matters of Scripture) after he has divided necessity in absolute and hypothetick, makes that of submitting to Powers of absolute necessity: Josephus also, my Lord, that famous Historian, when he mentioned David's speech to his Children, after he had made Solomon (being but younger brother) King, he exhorts them to unity among themselves, and submission to him and his Authority; for if it should please God to bring a foreign sword amongst you you must submit to them, much more than to him who is your brother, and one of your own Nation. Maxim 4. There is another Maxim, (my Lord) Inter arma silent leges; and it is well known, that divers retours and other things in Scotland, were done in consideration of times of Peace, and times of War. Maxim 5. Another Maxim, Ex duobus malis minimum eligendum est cum unum eorum nequeunt evitari, says Aristotle, Cicero, and Quintilian, cum diversa mala inter se comparantur minimum eorum locum boni occupat. Maxim 6. There is another Maxim, No man's intention must be judged by the event of any Action, there being oftentimes so wide a difference betwixt the condition of a Work, and the intention of the Worker. Maxim 7. I shall only add another Maxim, It cannot be esteemed Virtue, to abstain from Vice; but where it is in our power to commit the Vice, and we meet with a Temptation. As I have named shortly some few Maxims, my Lord, I shall humbly tender some weighty Considerations to your Lordship's thoughts: Consider. 1. The first Consideration is, That there is different Considerations to be had of Subject's actions when their lawful Magistrate is in the exercise of his Authority by himself, or others lawfully constituted by him, and when there is no King in Israel. Consider. 2. The second is, That there is a different Consideration betwixt the subject's actions, when the lawful Magistrate is in the Nation, and when he is put from it, and so forced to leave the people to the prevalent power of a Foreign Sword, and the Invader in possession of Authority. Consider. 3. Thirdly, That there is a difference betwixt Subject's actions, even with the Invading Usurper, after the Representatives of a Nation have submitted to, and accepted of their Authority and Government, and they in possession several Years, the Nation acknowledging their Constitutions, and all the Lawyers pressing and pleading them as Laws. Consider. 4. Fourthly, The actions of Subjects are to be considered, when assisting the lawful Magistrate to their power, and never submitting to the invading Usurper until they were prisoners; and could do no better. Consider. 5. Fifthly That there is likewise consideration to be had of the actions of such Subjects, being still prisoners upon demand under Articles to that purpose. Consider. 6. Sixtly, It is to be considered likewise of the actions of such a Subject, who was particularly noticed and persecuted by the Invader, for his affection to the lawful Magistrate and his Government. Consider. 7. Seventhly, It is to be considered, that there is a great difference betwixt Actions done ad lucrum captandum, and those done ad damnum evitandum; that is to say, Actions to procure Benefit, and Actions to shun detriment. Consider. 8. Eightly, It is to be considered, that there hath ever been a favourable consideration had, by any Prince, of any person coming voluntarly, and casting himself upon a Prince's Clemency. Consider. 9 Ninthly, It is to be considered, that his Majesty himself hath a gracious natural Inclination unto Clemency and Mercy, which hath been so abundantly manifested to his Subjects in England, even to all (except to some of the immediate Murderers of his Royal Father) that it cannot be doubted, that the same will be wanting to his People in Scotland, who suffered by them (whom his Majesty hath graciously pardoned) even for their dutiful Service, and affection to his Majesty. Therefore without thought of any prejudice to the Parliament, or this Honourable Meeting, I must make use of my Lord Chancellor of England his words, though in another case, saying, There cannot too much evil befall those who do the best they can to corrupt his Majesty's good Nature, and to extinguish his Clemency: For his Majesty's self declared his Natural Inclination to Clemency, in his Speech to both his Houses of Parliament in England, whom he hath (with all his people) conjured, desired, and commanded, to abolish all Notes of Discord, Separations, and difference of Parties, and to lay aside all other Animosities, and the memory of past Provocations, and to return to a perfect Unity amongst themselves under his Majesty's Protections; which is hoped all your Lordships will concur in, having so worthy a Pattern to follow: And as these are his Majesty's Inclinations expressed, so it is suitable to the Arms he bears as King of Scotland, which is the Lion, whose Motto is known to all. — Nobilis est ira Leonis Parcere subjectis, & debellare superbos. Which is to say, To vanquish and subdue the Proud, and spare such as are submissive; of the which Number I am one: And for that effect, in all Humility, present this humble Submission to his Majesty, and your Grace, my Lord Commissioner in his Majesty's Name.