The Grand INDICTMENT OF HIGH-TREASON Against the Marquess of Argyle AT THE Instance of His Majesties Advocat EXHIBITED To the PARLIAMENT of SCOTLAND WITH An Account of what hath followed since thereupon Printed for the Author 1661. ADVERTISMENT READER THis Grand Indictment differs onely in two or three Articles from the other printed Charge at the instance of Sir James Lamond The Grand INDICTMENT OF High-Treason Against the Marquess of Argyle ARCHIBALD Marquess of Argyle you are indicted and accused and are to answer at the instance of Sir John Fletcher Knight His Majesties Advocate for His Majesties interest That whereas by the Laws of God expressed in Holy Writ by the Laws of Nations by the common Law and by the municipal Laws and Practice of this Kingdom especially by the third Act of the first Parliament of King James the first and by the first act of King James the 6 Parl 18. of blessed memory and by several other acts of Parliament all good and loyal Subjects of this Kingdom are bound and obliged perpetually to acknowledge obey maintain defend and advance the Life Honour Safety Dignity Soveraign Authority and Prerogative Royal of their Soveraign Lord and King their Heirs and Successors and priviledge of their Crown with their lives Lands and Goods to the utmost of their Power constantly and faithfully to withstand all and whatsoever Persons or Estates who shall presume preass or intend any ways to Impugn Prejudge or Impair the same and shal no way Intend Attempt Enact or do any thing to the Violation Hurt Derogation Impairing or Prejudice of His Highness Soveraign Authority Prerogative and Priviledge of His Crown or any point or part thereof And whosoever doth the contrary to be punished as Traytors and to forfeit their Lives Lands and Goods Likewise by the 25 Act of the 6 Parl. of K J. 2. and by the 75. Act of the 9 Parl. Q. M. All rising in fear of War against the Kings Person or Majesty All attempting to raise any band of men of War Horse or Foot in warlike posture without special licence of the Kings Majesty and all suppliers of them in help Redress or Counsel are punishable as Traytors Likewise by the 43. Act of the 3 Par. K. J. 1. and by the 134 Act of the 8. Parl and by Act 10. of 10. par and by the 205 Act of 14. Par. of K. J. 6. It is Statute and ordained That no Subject of whatsoever function degree or quality shall presume or take upon him publickly or privately to declaim speak or Write any purpose of reproach slander disdain or contempt of His Majesties Person Estate or Government or tending to the dishonour hurt or Prejudice of His Highness his Parents or Progenitors Or to meddle in the Affairs of His Highness and his Estate present by-gone or in time coming nor to deprive his Laws and Acts of Parliament nor misconstrue his proceedings whereby any mislikeing may be moved betwixt the Kings Majesty His Nobility and loving Subjects under the pain of losing their Lives Lands and Goods and others therein contained As also all hearers of any such leasings slanderous speeches or words and concealers thereof without apprehending of the Authors if it lye in their Power as reveal not the same to his Majesty or such of his Judges or Officers and are mentioned in the said Acts are liable to the like punishment as the principal Offenders Likewise by the 130 Act of the 8. parl of K. J. 6. it is statute and ordained That none of His Majesties Leiges and Subjects presume or take upon hand to impugn the Dignity and Authority of the Estates of Parliament or to seek or procure the innovation or diminution of the Power and Authority of the same under the pain of Treason Likewise by the last Act of the 3 Par. of K. J 5. and by the 33. Act of the first Par. of K. J. 6. all burning of Houses or Corn and wilful fire rising is declared Treason and the Committers thereof are to be Punished Likewise by the 51. Act of the 11 par of K. J. 6. It is statute and ordained That the murther and slaughter of what somever His Majesties Leiges where the party slain is under the Trust Credit Assurance and Power of the slayer all such murther and slaughter shall be Treason and the Persons found culpable shall forfeit Life Lands and Goods Likewise by the 37. Act of 2. parl K. J. 1 and by the 144. Act of the 12. Parl K. J. 6. All Receivers Suppliers or Intercommoners with any Traytors are punishable by forfeiture as the Traytors themselves Likewise by common Laws and practice of this Kingdom all Concealers and not Revealers of any malicious purpose of putting any violent hands on the sacred person of our Dread Soveraign the Kings Majesty or purpose of killing or putting him to Death and all Advisers Counsellors Aiders Abettors or Havers of any accessions there to are punishable as Traytors Nevertheless 't is of verity that you the said Marquess of Argyle having laid aside all fear of God Loyalty to His Sacred Majesty and to His Royal Father of ever blessed Memory natural Duty and Affection to your native Countrey and Countrey men and respect and obedience to the Laws of all well governed Realms the Common Law and the Laws Statutes Acts of Parliament and practices of this Kingdom and having trayterously intended and purposed the eradicating and subverting the fundamental Government of this Kingdom At least the enervating violaâ—ing derogating or impairing the Soveraign Authority Royal Prerogative of his Majesty and priviledge of the Crown You for carrying on of your said wicked purpose having gathered and convocated together in a hostile manner a great many of your Friends Servants Vassals Followers and others of His Majesties Leiges without any warrant licence or Command from His Majesty and therewith under pretext of opposing such as by you were the nicknamed Anti Covenanters and opposers of the work of Reformation but who indeed were faithful Assertors of his Majesties lawful Authority having marched to the foard of Lyon in Athol in the month of _____ 1630 _____ there did in your tent and in presence of a great many Gentlemen and others publickly declare That it was the opinion and Judgement of many Divines and Lawyers that a King may be deposed for desertions venditions and invasions And that howbeit that your words were in abstracto from any King yet that the sense and meaning thereof might appear to be of the then Kings Majesty your dread Soveraign you immediately did subjoyn and say to the late Mr. John Stuart of Ladiwel And Mr. John you understand Latine Likewise considering the condition of the Kingdom and the oppositions that a great many of the People were in to His Majesty particularly you the said Marquess and your Complices and Followers it is clear that the said words did not only treasonably reflect upon Kingly Government as being subject to the People who might
in the cases aforesaid depose a King but also it is clear that your meaning also and intention thereby was that the Kings Majesty your dread Soveraign might be so dealt with And the said Treasonable speeches were so vented by you of design to usher in your many Treasonable actions and practices done by you unto His Sacred Person Dignity and Authority which doubtless did occasion and was mainly instrumental both in his deposition and cruel murder Which wicked and Treasonable speeches the said Mr. John having thereafter reported you most cruelly and tyrannously did prosecute him to death as a Leasing-maker betwixt the Kings Majesty and His good Subjects howbeit you could not be but conscious of the Truth of what he had reported Secondly In prosecution of your foresaid wicked and treasonable purposes you having marched with the said Forces to the House of Airly belonging to his Majestys Right trusty well beloved Cozen and counsellor James Earl of Airlie which was then kept for His Majesties Service and Authority After you had forced the rendition of the said House and destroyed the Woods and Plantings of the same and Hearied and Destroyed the said Earls Friends and Tennants His Majesties good Subjects you did slight and demolish the said House and to express your hatred against the said Earl meerly for his Loyalty to His Majesty did seize or by those under you did cause seize upon the House of Forther in Glenyla belonging also to the said Earl and without any colour or pretence of offence did wilfully most treasonably and contrary to the foresaid Acts of Parliament raise fire in the said House and thereby Burnt and Destroyed the same and hail Furniture therein Thirdly In further prosecution of your treasonable Plots and Machinations against His Majesties Person and Authority contrary to the foresaid Laws and Acts of Parliament in Anno 1640. you in an hostile manner did most treasonably lay siege to His Majesties Fort and Castle of Dunbarton then fortified and kept for his Majesties service by Col. Henderson having His Majesties Warrant and Commission for that effect and forced the said Colonel to render the said Castle to you out of which most treasonably you caused to be transported and carried away a great many of His Majesties cannon and other Ammunition appointed for defence and security of the said Castle Fourthly Not withstanding that his then Majesty had in Anno 1641. Come himself in Person to this Kingdom and most graciously condescended to all such Acts as were required of him how unjust soever for securing and pleasing the People and setling a peace and that he had past one Act of Oblivion to indemnifie all such as had formerly been in opposition to His Majesty within this Kingdom and that he had conferred upon you the Title and Dignity of Marquess as a Mark of His Royal favour and put you in places of greatest trust in the Kingdom And that you had sworn and promised in the Abby of Holyrudhouse that in case any trouble or commotions should happen to be raised in England by any of his discontented Subjects against him you would assist and defend him against all such to the hazard of your Life and Fortune And that His Majestie had parted from this His Antient Kingdom as was said and acknowledged by all a contented Prince from a contented People yet nevertheless His Majesty being forced and necessitated in anno 1642. To leave His Parliament in England then sitting at Westminster and His Royal Palace of Whitehal and betake himself to defensive arms for maintenance of his Royal Person Dignity and Authority and to protect the same against an Army of Sectaries who maliciously trayterously eruelly and treasonably did invade the same you contrary to your Allegiance duty obligations and recent promise aforesaid did by your self and complices to fortifie and strengthen the said Rebels and Sectaries and in direct opposition to His Majesties Person and Dignity did call or cause to be called a pretended Convention of Estates in anno 1643. without any shadow or colour of lawful Authority and you and they so convocated did take upon you the supream Authority of the Kingdom enter into League with His Majesties enemies impose Subsidies and Excise upon the People and raise an Army of his Majesties own Subjects and therewith entred His Majesties Kingdom of England seized upon His Majesties Towns and Forts there and killed murdered plundered and destroyed His good Subjects and in open and pitcht fields fought for with and in behalf of the said Rebels against His Majesties Forces which in effect was the rise and cause of all the subsequent ruines and disasters that besel His Majestie or His loyal and good Subjects thereafter Fifthly in anno 1645. after your return from England to shew your implacable malice and hatred to all such as had any dependence upon or affection to His Majestie you by your self and others under your command or at your direction did most treasonably raise most wilful fire and burn the House of Menstrie Lyfrented by the Countess of Sterling and in her possession and all the moveables and furniture there extending to a great value notwithstanding that the said Countess was an honorable aged Woman and who and her deceast Husband the Earl of Sterling by all observances and dutiful respects obliged you so far as in them lay thereby adding to the said act of Treason the height of oppression and ingratitude Sixthly in the year 1646. You by your self or those under your command or for whom you were answerable or whom you might have stopped or impeded did take in the House of Tewart belonging to the Laird of Lamond and the House of Escoge belonging to Lamond of Ascoge and after Articles of Capitulation drawn and subscribed by the Laird of Arkinglas and other Officers under your Command did most treasonably in manner aforesaid under trust and assurance as said is burn the said House of Ascoge cruelly hang kill and murther a great many of the said Lairds of Lamond and Ascoges friends and followers as is more fully exprest in the Summons raised at their instance and mine for His Majesties interest against you and which is repeated as a part of this Article Seventhly You having trayterously intended the utter ruine and extirpation of all faithful and Loyal Subjects who had given Testimony of their faithfulness to His Majesties dearest Father of ever blessed memory and having with an Army of your Complices Associates Vassals Servants Tennents and followers in anno 1646. marched to Kintyre where a great many of His Majesties well-affected Subjects of the name of Mac Donald Mac Coull and others whose names are not particularly known to the number of 300 or thereby had fortified themselves for their security against your oppresssion and violence in the House of Lochehead and Dunnavertie And you with the said Forces at least a part of the said Forces having marched to the said House of Lochehead the Gentlemen
and others therein without making the least opposition and declaring that they had refuged themselves to the said place for shelter and Protection did render up the said House and themselves upon assurance that they might freely and quietly return and live at their own Homes according thereto they were dismissed and sent Home where they remained in peaceable manner by the space of _____ days Notwithstanding thereafter you and the forces aforesaid having besieged the Castle of Dunnavertie during the said siege there were several Rendezvouz appointed for the said Gentlemen to make their appearance which frequently they did and were still dismissed until such time as those who were within the said House of Dunnavertie had rendred up the said House and them selves to be disposed upon at the mercy of the Kingdom or pretended Committee of Estates And that notwithstanding thereof you and your said Complices had most perfidiously treacherously and treasonably and for which also you are hereby endicted slaughtered and murthered or caused to be slaughtered or murthered the number of 260. of them or thereby they being under your trust assurance credit or power and did dispose upon the rest of them at your own hand without any lawful warrant to Captains William Hay and Archibald Campbel to serve in the French Wars then and hereafter you caused appointed a new Rendezvouz of the said Gentlemen who were in the House of Lochehead and their followers who having appeared in frequent manner you caused to be singled out fifteen or sixteen of the said Gentlemen who were that night sent to the said House of Lochehead and the next morning brought forth by you or such as were under your Command and most perfidiously cruelly and inhumanely without any Order of Law or Form of Process Civil or Military hanged and murthered And to aggravate the said cruel and barbarous crime It is of verity That one of the said Persons so murdered being an old man and having one son of age not above sixteen or seventeen years the father immediately before his death did depone that his said son had never carried my Arms offensive all his life time but that he had still been at Schools and that some few days before he had come from Glasgow the place of his Education to visit his Parents and therefore did earnestly supplicate in regard of his innocency his life might be spared Notwithstanding you and the bloody Actors of your purposes were so unmerciful as not to hearken to the said so just desire of the said dying old man but forthwith the said young innocent boy was cruelly also hanged to death Likewise not content with the aforesaid unheard of horrid acts of cruelty you in the moneth of _____ 1640. years or one or other of the moneths thereof by your self and Followers or such whom you might have stopt or let caused to be transported from the Isle of Ila to the Isle of Jura to the number of two hundred persons of all sexes and ages where all means of livlihood and subsistance being withdrawn from them they in a most miserable manner were pined and starved to Death by Famine except some very few who outlived the rest and were relieved and carried out of the said Isle by boats accidentally coming by Likewise the person of _____ Mac Donald alias Colmac Gillespy or Colkittoche being in anno _____ ordained by the Parliamenr or Committee of Estates thereof to have been brought from prison out of the House of _____ where hethen was where he had been kept by you and others in your time many years before to Edinburgh that the causes for which he had been kept and so detained in prison might have been known and he having for that end been brought in a ship the length of the road of Leith you for preventing such information of your cruelty and oppression exercised towards him and many of his friends and relations which he was able to have given and made out you in manifest contempt and scorn of the Authority of that Parliament under which you your self acted caused take the person of the said Colkittoche forth of the said ship after you had carried him to your own lands and bounds cruelly caused hang him to Death Eightly Notwithstanding of the manifold acts of mercy and favour dignity honour and trust conferred upon you by your then Dread Soveraign for reclaiming of you from your disloyal and treasonable practices plots and machinations against His Sacred Person Dignity and Authoriâ—y he being sore pressed and reduced to great straits and extremities by that Army of Sectaries before mentioned with whom you had formerly joyned as said is And having in that exigence and difficulty rather chosen from an innate principle of affections of his Country men to cast himself over in the hands of the Army of his Majesties Subjects of his ancient Kingdom of Scotland for shelter and preservation of His Royal Person Nevertheless you the said Marquess of Argyle being the chief Ring leader of that factions party who then swayed the Estate and Affairs both in Council and Armies in the said Kingdom did so contrive and complot and by your influence so prevail that after all fair offers made by his Majestie and His earnest desire to have come and lived in Scotland until such time as all differences in both Kingdoms had been settled That a pretended Act of Parliament was made for abandoning and leaving His Majestie to the disposal and mercy of the inveterate Enemies of His Majestie and Government the said Armies of Sectaries And that your acting in and accessions to the said Affair might be the more evident and clear and to aggravate your eminent and singular guilt therein you your self went to London where you basely under pretext of satisfaction for the Arrears of the said Army raised by the pretended Authority of the pretended Convention of Estates in anno 1643. as said is treacherously and Treasonably gave up at least condescended to the upgiving of your Dread Soveraign and Master and that as being impowered so to do by the Kingdom of Scotland and thereby did rub an indelible mark of reproach and infamy upon the whole Nation to all generations so far as in you lay And further to clear your foresaid treasonable dealings accessions to and correspondency with that infamous party of the said Army who carried on the said abominable and detestable act you being at the same time in a pretended joynt Committee of both Kingdoms while as the English therein did call in question whether the Scots Army would sincerely concur with them in their said Treason and Treacherie you after many arguments used in their Favours earnestly desired them to have patience for a little time it would appear by somewhat to the Officers of the Army how far they intended to concur and go along with them Likewise within few days after there was a Vindication and Declaration emitted in name of the said Armies whereby it was
held forth that in case His Majesty would not condescend to all the desires of both Kingdoms which was no less then the divesting himself of all Regal Power Civil Ecclesiasstical or Military in State Church or Armies they would deliver him up which immepiately after the payment of 200000. Lib. basely and Treasonably was done by you and them Ninthly In Anno 1648. His Majesties Royal Father being contrary to all Laws Divine Humane most unchristianly barbarously treasonably detained and kept prisoner within the Castle of Newport in the Isle of Wight by a party of Factious disloyal and rebellious Sectaries The Estates of Parliament then conveened by his Majesties Authority having taken he said inhumane treasonable and cruel usage to serious consideration they found this Kingdom engaged in honour and Duty to resent so horrid and unheard of cruelty and lese majesty and obliged to use their utmost endeavours to relieve him out of the hands of such wicked Usurpers and to restore him to the former exercise of His Royal Authoritie in Freedom Honour and Safetie for effectuating whereof after all other fair ways essayed upon mature consultation had they found that the only probable means was the raising of an Army of His Majesties good Subjects which was accordingly Statute and Ordained by Act of the said Parliament against the carrying on of which so just laudable and necessary a dutie you did most violently and eminently oppose your self not only by arguing voting against and using all other means in your power to obstruct the same but also after the same was past in an act of Parliament you did most contemptuously and treasonably publickly dissent from and enter a Protestation against the same and not bei g therewith content after the said Armie in pursuance of their Dutie and allegiance had marched into His Majesties said Kingdom of England you shortly thereafter in the moneth of _____ in contempt of the aforesaid Authoritie and against the preservation of His Majesties Person and Authority Did most treasonably convocate an Army of factious seditious and Rebellious Subjects in opposition to the said Armie and therewith committed divers and sundry outrages murthers slaughter plunders and vastation upon the persons and estates of divers of His Majesties good Subjects and therewith invaded several Cities and Castles seized thereupon and upon the Magazen with Arms and Ammunition therein And at that time the said Rebellious Army of Sectaries of England being upon the borders you fearing and apprehending that the force and power raised by you should not be able to withstand His Majesties good and Loyal Subjects who were then risen and ready to rise in Arms for asserting and vindicating His Majesties Just Authority you did most basely treacherously and treasonably call into your aid and Assistance the said Armie of Sectaries Likewise you your self went in person to the House of Mordington belonging to the Lord Mordingtoun within a mile of the English borders to the end foresaid you did meet with the vile Usurper Oliver cromwel Commander of the said Army with whom you had several private meetings and consultations and thereby perswaded and so prevailed with the said Traytor that he thereafter marched with the said Armie to Edinburgh and the places thereabout and which march and incoming of the said Oliver you might have undoubtedly hindered in so far as it can be made appear by clear proofs and Testimonies of famous persons That it having been complained upon to him at the said House of Mordington that by reason of his lying there with such a great number of Souldiers the Lord Mordingtons tennants would undoubtedly be ruined He the said Oliver made answer that he could not help the same for his staying and going did depend upon you and that he was ready if you desired to march back to England at least you did contrive advise or consult the rising and convocating of the said seditious factious and rebellious Armie at least was one of the number your self present and with and assisting to them in arms at least did vote counsel or perswade the incalling of the said Army of Sectaries and they being so brought in you did countenance assist concur and consult with them or their Commanders or some of them in publique or in private at Edinburgh and in the Cannongate in the house called Lady Homes Lodgings and in divers other places As also you did most villanously and trayterously contrive counsel or vote to the drawing up of a Letter directed to the Traytor and abominable Usurper wherein you and your complices did engage your selves in the name of the Kingdom of Scotland to imploy your utmost endeavours that none who had been active in or consenting to the engagement against the said Sectaries or had been in arms at Sterling or elsewhere in maintenance or pursuance of that engagement should be imploy'd in any publique place or trust within this Kingdom whatsoever without advice or consent of the Kingdom of England as the said Letter dated the sixth day of October 1648. more fully bears As also you did draw up at least did counsel advise or vote to the updrawing of certain Instructions given to Sir John Chiesly who was sent by you and your complices as Commissioner to the pretended House of the Parliament of England dated October 17. the year aforesaid wherein you desire that the Noblemen Gentlemen of quality and considerable Officers of the army that went into England under the command of Duke Hamilton who were then prisoners might be kept as pledges for the peace of that Kingdom by which not only have you endeavoured most unnaturally to enslave your fallow Subjects and Countrey-men to the power of Strangers But most treacherously and treasonably as an unworthy ungrate Patriot done what in you lay to destroy the life of your own dread Soveraign and the Royal Authority in him and his Succession and to subject the Honour liberty power and Government of this His Majesties antient and free Kingdom to the command lust and tyrannie of ane faction of Forreign Traytors and Usurpers As also you upon the fourth day of May thereafter having taken upon you most treasonably the Supreme Authority of this Kingdom gave warrant under your hand for issuing out a Proclamation declaring that the wives children and families of James Lord Ogilby _____ Lord Rae Lewis Marquess of Huntly therein designed Lewis Gordon son to the Marquess of Huntly John now Earl of Middleton therein designed John Middleton of _____ sometime designed General Major should be no longer under the protection of this Kingdom and that such course should be taken for transporting them out of their Country to Forraign parts as the Estates of Parliament or their Committee should think fit Tenthly After His Majesties dearest and most Royal Father of eternal and most blessed memory had been most unchristianly inhumanely horridly and barbarously murthered by the said abominable Traitor and Usurper Oliver Cromwel and his wicked complices the
betwixt Straight and Crooked there is no midst but in Morals even the least Circumstances vary the Matter so that they are wont to have something betwixt them with such Latitudes that the Access is near sometime to this sometime to that Extream So that betwixt that which ought to be done and that which ought not to be done is interposed that which may be done but is nearer now to this than to the other Extremity or part whence ambiguity often ariseth The particular Circumstances are so obvious to every understanding Man that I need only to mention them Maxim 1 Polybius my Lord makes much of his History depend upon these three Concilia Causa et eventus and there are likewise other three Tempus Locus et Personae Counsels Causes Events Time Place Persons The change whereof makes that which is lawful duty unlawful and on the contrary so likewise in speaking or repeating words the adding or paring from them will quite alter the sence and meaning as also in writing the placing of the Comma's or Points will change the sentence to a quite other purpose than it was intended Maxim 2 There is my Lord another Maxim which I do not mention as always undeniable but when there is no lawful Magistrat exercising power and authority in a Nation but an invading Usurper in possession esteeming former Laws Crimes In such a case I say the safety of the people is the Supream Law Maxim 3 There is another Maxim which is not questioned by any and it is Necessity has no Law for even the Moral Law of God yields to it and Christ's Disciples in Davids example For this Seneca sayes Necessity the defence of humane imbecility breaks every Law Nam necessitas legum irridet vincula Necessity scorns the fetters of Laws So he that answers that Libel The long Parliament revived speaking of this last Parliament which his Majesty calls a blessed healing Parliament he says the necessity to have it may dispense with some formalities so Ravenella so much esteemed in matters of Scripture after he has divided necessity in absolute and hypothetick makes that of submitting to Powers of absolute necessity Josephus also my Lord that famous Historian when he mentioned Davids speech to his Children after he had made Solomon being but younger brother King he exhorts them to unity among themselves and submission to him and his Authority for if it should please God to bring a forraign sword amongst you you must submit to them much more then to him who is your brother and one of your own Nation Maxim 4 There is another Maxim my Lord Inter arma silent leges and it is well known that divers retours and other things in Scotland were done in consideration of times of Peace and times of War Maxim 5 Another Maxim Ex duobus malis minimum eligendum est cum unum eorum nequeunt evitari says Aristotle Cicero and Quintilian cum diversa mala inter se comparantur minimum eorum locum boni occupat Maxim 6 There is another Maxim No mans intention must be judged by the event of any Action there being oftentimes so wide a difference betwixt the condition of a Work and the intention of the Worker Maxim 7 I shall only add another Maxim It cannot be esteemed Virtue to abstain from Vice but where it is in our power to commit the Vice and we meet with a Temptation As I have named shortly some few Maxims my Lord I shall humbly tender some weighty Considerations to your Lordships thoughts Consider 1 The first Consideration is That there is different Considerations to be had of Subjects actions when their lawful Magistrat is in the exercise of his Authority by himself or others lawfully constituted by him and when there is no King in Israel Consider 2 The second is That there is a different Consideration betwixt the subjects actions when the lawful Magistrat is in the Nation and when he is put from it and so forced to leave the people to the prevalent power of a Forraign Sword and the Invader in possession of Authority Consider 3 Thirdly That there is a difference betwixt Subjects actions even with the Invading Usurper after the Representatives of a Nation have submitted to and accepted of their Authority and Government and they in possession several Years the Nation acknowledging their Constitutions and all the Lawyers pressing and pleading them as Laws Consider 4 Fourthly The actions of Subjects are to be considered when assisting the lawful Magistrat to their power and never submitting to the invading Usurper until they were prisoners and could do no better Consider 5 Fifthly That there is likewise consideration to be had of the actions of such Subjects being still prisoners upon demand under Articles to that purpose Consider 6 Sixtly It is to be considered likewise of the actions of such a Subject who was particularly noticed and persecuted by the Invader for his affection to the lawful Magistrat and his Government Consider 7 Seventhly It is to be considered that there is a great difference betwixt Actions done ad lucrum captandum and those done ad damnum evitandum that is to say Actions to procure Benefit and Actions to shun detriment Consider 8 Eightly It is to be considered that there hath ever been a favourable consideration had by any Prince of any person coming voluntarly and casting himself upon a Princes Clemency Consider 9 Ninthly It is to be considered that his Majesty himself hath a gracious natural Inclination unto Clemency and Mercy which hath been so abundantly manifested to his Subjects in England even to all except to some of the immediat Murtherers of his Royal Father that it cannot be doubted that the same will be wanting to his People in Scotland who suffered by them whom his Majesty hath graciously pardoned even for their dutiful Service and affection to his Majesty Therefore without thought of any prejudice to the Parliament or this Honourable Meeting I must make use of my Lord Chancellor of England his words though in another case saying There cannot too much evil befal those who do the best they can to corrupt his Majesties good Nature and to extinguish his Clemency For his Majesties self declared his Natural Inclination to Clemency in his Speech to both his Houses of Parliament in England whom he hath with all his people conjured desired and commanded to abolish all Notes of Discord Separations and difference of Parties and to lay aside all other Animosities and the memory of past Provocations and to return to a perfect Vnity amongst themselves under his Majesties Protection which is hoped all your Lordships will concur in having so worthy a Pattern to follow And as these are his Majesties Inclinations exprest so it is suitable to the Arms he bears as King of Scotland which is the Lyon whose Motto is known to all Nobilis est ir a Leonis Parcere subjectis debellare superbos Which is to say To vanquish and subdue the Proud and spare such as are submissive of the which Number I am one And for that effect in all Humility present this humble Submission to his Majesty and your Grace my Lord Commissioner in his Majesties Name