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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A69685	The Case of the Earl of Argyle, or, An Exact and full account of his trial, escape, and sentence wherein are insert the act of Parliament injoining the test, the confession of faith, the old act of the king's oath to be given at his coronation : with several other old acts, made for establishing the Protestant religion : as also several explications made of the test by the conformed clergy : with the secret councils explanation thereof : together with several papers of objections against the test, all framed and emitted by conformists : with the Bishop of Edinburgh's Vindication of the test, in answer thereunto : as likewise a relation of several matters of fact for better clearing of the said case : whereunto is added an appendix in answer to a late pamphlet called A vindication of His Majestie's government and judicatories in Scotland, especially with relation to the Earl of Argyle's process, in so far as concerns the Earl's trial.	Stewart, James, Sir, 1635-1713.; Mackenzie, George, Sir, 1636-1691. Vindication of His Majesties government, and judicatories in Scotland.	1683 (1683)	Wing C1066; ESTC R15874	208,604	158

eternal and immutable decree of God from quhilk all our salvation springs and depends VIII Of Election FOR that same eternal God and Father who of meer grace elected us in Christ Jesus his son before the foundation of the World was laid appointed him to be our head our brother our pastor and great Bishop of our souls But because that the enmity betwixt the justice of God and our sins was sik that no flesh by it self could or might have attained unto God it behoved that the Son of God should descend unto us and take to himself a bodie of our bodie flesh of our flesh and bone of our bones and so become the Mediator betwixt God and man giving power to so many as believe in him to be the sons of God as himself does witness I passe up to my Father and to your Father to my God and to your God Be quhilk maist haly fraternity whatsoever we have tynt in Adam is restored unto us again And for this cause we are not afraid to call God our Father not sameikle because he has created us quhilk we have common with the reprobate as for that that he has given to us his only Son to be our brother and given unto us grace to acknowledge and imbrace him for our only Mediator as before is said it behoved farther the Messias and Redeemer to be very God and very man because he was to underly the punishment due for our transgressions and to prefent himself in the presence of his Fathers Iudgement as in our person to suffer for our transgression and inobedience by death to overcome him that was author of death But because the onely God-head could not fuffer death neither yet could the onely man-head overcome the samine he joyned both together in one person that the imbecillity of the ane should suffer and be subject to death quilk we had deserved And the infinite and invincible power of the other to wit of the goodhead should triumph and purchase to us life liberty and perpetual victory And so we confess and maist undoubtedly believe IX Of Christs Death Passion and Burial THAT our Lord Iesus offered himself a voluntary Sacrifice unto his Father for us that he suffered contradiction of sinners that he was wounded and plagued for our transgressions that he being the clean innocent Lamb of God was damned in the presence of ane earthly Iudg that we should be absolved before the tribunal seat of our God that he suffered not only the cruel death of the Cross quhilk was accursed by the sentence of God but also that he suffered for a season the wrath of his Father quhilk sinners had deserved But yet we avow that he remained the only well-beloved and blessed Son of his Father even in the midst of his anguish and torment quhilk he suffered in body and soul to make the full satisfaction for the sins of his people After the quhilk we confess and avow that there remains no other Sacrifice for sin quhilk if any affirm we nothing doubt to avow that they are blasphemous against Christs death and the everlasting purgation and satisfaction purchased to us by the same X. Of his Resurrection WE undoubtedly believe that in samiekle as it was impossible that the dolours of death should retain in bondage the Author of life that our LORD JESUS crucified dead and buried who descended into hell did rise again for our justification and destroying him who was the Author of death brought life again to us that were subject to death and to the bondage of the same We know that his Resurrection was confirmed by the testimony of his very enemies by the Resurrection of the dead whose Sepulchres did open and they did rise and appeared to many within the City Jerusalem It was also confirmed by the testimony of his Angels and by the senses and judgments of his Apostles and of others who had conversation and did eat and drink with him after his Resurrection XI Of his Ascension WE nothing doubt but the self-same body quhilk was born of the Virgin was crucifyed dead and buried and quhilk did rise again did ascend into the heavens for the accomplishment of all things where in our names and for our comfort he has received all power in heaven and earth where he sits at the right hand of the Father inaugurate ‑ in his Kingdom Advocate and onely Mediator for us Quhilk Glory Honour and Prerogative he alone among the brethren sall possess till that all his Enemies be made his fotostool as that we undoubtedly believe they sall be in the finall judgement To the execution whereof we certainly beleive that the same our Lord Iesus sall as visibly return as that he was seen to ascend And then we firmly believe that the time of refreshing and restitution of all things sall come in samiekle that they that fra the beginning have suffered violence injury and wrong for righteousness sake sall inherit that blessed immortality promised fra the beginning But contrariwise the stubborn inobedient cruell oppressours filthy persons idolaters and all such sorts of unfaithfull sall be cast into the dungeon of utter darkness where the worm sall not die neither yet their fire sall be extinguished The remembrance of quhilk day and of the judgement to be executed in the same is not onely to us a bridle whereby our carnal lusts are refrained but also such inesteemabe comfort that neither may the threatning of Worldly Princes neither yet the fear of temporal death and present danger move us to renounce and forsake that blessed society which we the members have with our Head and only Mediator Christ Iesus whom we confess and avow to be the Messias promised the only head of his Kirk our just Lawgiver our only high Priest Advocate and Mediator In which Honours and Offices if Manor Angel presume to intrude themselves we utterly detest and abhor them as blasphemous to our Soveraign and Supreme Governour Christ Iesus XII Of Faith in the Holy Ghost THis our Faith and the assurance of the same proceeds not from flesh and blood that is to say from no natural powers within us but is the inspiration of the Holy Ghost Whom we confess God equal with the Father and with the Son who sanctifies us and brings us in all verity by his own operation without whom we should remain for ever enemies to God and ignorant of his Son Christ Jesus For of nature we are so dead so blind and so perverse that neither can we feel when we are pricked see the light when it shines nor assent to the will of God when it is revealed unless the Spirit of the Lord Jesus quicken that which is dead remove the darkness from our minds and bow our stubborn hearts to the obedience of his blessed will And so as we confess that God the Father created us when we were not As his Son our Lord Iesus redeemed us when we were enemies to

of new in this present Parliament statutes and ordains the said Act to be as a perpetual Law to all our Soveraigne Lords leiges in all times coming Of the quhilk the tenour followes The quhilk day for same●●le as there has been divers and sundrie Acts of Parliament made in King James the I. II. III. IV. and V's times Kings of Scotland for the time and also in our soveraigne Ladies time not agreeing with Gods holy Word and by them divers persons take occasion to maintaine Idolatrie and Superstition within the Kirk of God and rep●esse such persons as were professors of the said Word wherethrow divers innocents did suffer And for escheving such inconveniences in time coming the three Estates of Parliament has annulled and declared all such Acts made in tymes bypast not agreeing with God His Word and now contrary to the Confession of Faith according to the said Word published in this Parliament to be of none availe force nor effect And decerns the said Acts and every ane of them to have no effect nor strength in time to come But the same to be abolished and extinguished for ever in so far as any of the foresaid Acts are repugnant and contrary to the Confession of Faith and Word of God foresaid ratified and approved by the Estates in this present Parliament And therefore decerns and ordains the Contraveeners of the famine Act in any time hereafter to be punished according to the Lawes Of the Quhilk Confession of the Faith the ●●nour follows THE Confession of the Faith and Doctrine Believed and professed by the Protestants of Scotland exhibited to the Estates of the same in Parliament and by their publick Vots authorized as a Doctrine grounded upon the infallible Word of God As the same Confession stands recorded Ja. 6. p. 1. c 4. Anno 1567. I. Of God WE confesse and acknowledge ane onely God to whom onely we must cleave whom onely we must serve whom only we must worship and in whom onely we must put our trust who is Eternal Infinit Unmeasurable Incomprehensible Omnipotent Invisible ane in substance and yet distinct in three Persons the Father the Sonne and the holie Ghost By whom we confesse and believe all things in heaven and earth aswel Visible as Invisible to have been created to be retained in their being and to be ruled and guided by his inscrutable Providence to sik end as his Eternal Wisdome Goodness and Justice has appointed them to the manifestation of his own glorie II. Of the Creation of Man WE confess and acknowledge this our God to have created man to wit our first father Adam in his own Image and similitude to whom he gave Wisedome Lordship Iustice Free will and clear knowledge of himself so that in the hail nature of man there could be noted no imperfection Fra quhilk honour and perfection Man and Woman did both fall the Woman being deceived be the Serpent and Man obeying the voyce of the Woman both conspiring against the Soveraign Majestie of God who in expresse words had before threatned death if they presumed to eat of the forbidden Tree III. Of Original Sinne. BE quhilk transgression commonlie called Original Sinne was the image of God utterlie defaced in Man and he and his posteritie of nature became enemies to God slaves to Sathan and servants unto sin in samiekle that death everlasting has had and shall have power and dominion over all that have not been are not or shall not be regenerated from above quhilk regeneration is wrought by the power of the holie Ghost working in the hearts of the elect of God ane assured faith in the promise of God revealed to us in his word be quilk Faith we apprehend Christ Jesus with the graces and benefits promised in him IV. Of the Revelation of the Promise FOR this we constantlie believe that God after the fearful and horrible defection of man fra his obedience did seek Adam again call upon him rebuke his sin convict him of the same and in the end made unto him ane most joyful promise to wit that the seed of the woman should break down the serpents head that is he should destroy the works of the Devil quhilk promise as it was repeated and made mair cleare from time to time so was it embraced with joy and maist constantly received of all the faithful from Adam to Noah from Noah to Abraham from Abraham to David and so forth to the incarnation of Christ Jesus all we mean the faithful fathers under the law did see the joyful day of Christ Jesus and did rejoyce V. Of The continuance increase and preservation of the Kirk WE maist constantly believe that God preserved instructed multiplyed honoured decored and from death called to life his Ki●k in all ages fra Adam till the coming of Christ Jesus in the flesh For Abraham he called from his fathers countrey him he instructed his seedhe multiplyed the same he marvelously preserved and mair marvelously delivered from the bondage and tyranny of Pharaoh to them he gave his Laws constitutions and ceremonies them he possessed in the Land of Canaan to them after Iudges and after Saul he gave David to be King to whom he made promise that of the fruit of his Ioynes should ane sit for ever upon his regnall seat To this same people from time to time he sent Prophets to reduce them to the right way of their God from the quhilk oftentimes they declined by Idolatry and albeit that for their stubborn contempt of justice he was compelled to give them into the hands of their enemies as before was threatned by the mouth of Moses in sameikle that the hally City was destroyed the temple burnt with fire and the haile land left desolate the space of lxx years yet of mercy did he reduce them again to Jerusalem where the City and Temple were reedified and they against all temptations and assaults of Sathan did abide till the Messias came according to the promise VI. Of the Incarnation of Christ Jesus WHEN the fulness of time came God sent his Son his eternal wisdome the substance of his own glory into this World who took the nature of man-head of the substance of woman to wit of a virgin and that by operation of the Holy Ghost and so was born the just seed of ●avid the Angel of th● great counsell of God the very Messias promised whom we confess and acknowledge Emmanuel very God and very man two perfect natures united and joyned in one person By quhilk our Confession we condemn the damnable and pestilent herefies of Arrius Marchion Eutiches Nest●rius and sik others as either did deny the eternity of his God-head or the verity of his human nature or confounded them or yet divided them VII Why it behoved the Mediator to be very God and very man WE acknowledge and confess that this maist wonderous conjunction betwixt the God-head and the man-head in Christ Jesus did proceed from the

to own it Cessante enim materia juramenti cessat ejusdem obligatio radice obligationis sublata tollitur ●●â pullulans inde obligatio according to all Casuists Juramentum sequitur naturam conditionem actus cui adjungitur id est materiae circa quam versatur sicut accessorium sequitur naturam sui principalis accessorium extinguitur cum principale cadit D. Sandersone These who believe Episcopacy to be of Divine Right have no cause to fear that ever the King will alter this specifick form of Church-Government neither inclination nor interest moving him to it The Aphorism so usual with His Majesties Royal Grandfather No Bishop no King cannot but make deep impression on His Majesty and must be considered not only as a sentence full of present truth when it was uttered but a sad prophecy of the Tragical events which after ensued And as the greatest and most politick Underminers of the Monarchy did of late so their successors continue still to make their oblique and first assaults upon it by raising their batteries against the setled Episcopacy 3 If the words of that assertory Act be sedately weighed they will not be found to bear the weight of this Objection for the odds are vast betwixt them a power to order and dispose the external Government and Policy of the Church together with the ordering of the administration of the external Government of the Church which are the words of that Act and the power of altering and changing the specifick and essential Government of the Church the former relating to the Ecclesiastical ordering of Ecclesiastical Persons Matters and Meetings as the Act it self expresly bears The King may and ought to have the ordering and disposing and administration of the external Government of the Church without claiming a power to alter or change the very Species Body and essence of it Nor may we in charity presume that our Gracious King challenges any such power to himself by vertue of that Act assertory nor doth it hinder any to believe Episcopal Government to be institute of God that in the exercise and external administration thereof it is subject to the Orders and Authority of the Prince for the same power may be said to be from Heaven and to be of men under different notions and respects to be from Heaven and of God in respect of the substance of the thing in general and to be of men in respect of the determination of sundry particulars requisite to the lawful and laudable exercise thereof Tho the Ministerial Power be of God yet are the Ministers in executing the Acts proper to their Ministerial Functions regulated and ordered by Ecclesiastical Laws Canons of the Church or Acts of General Assemblies Nor doth the derivation of any power from God necessarily infer the Non-subjection of the persons in whom that power is vested to any others as to the managing and exercise thereof For the power which Fathers have over their Children Husbands over their Wives Masters over their Servants is from Heaven of God and not of Men yet are Parents Husbands Masters in the exercise of their several respective powers subject to the powers Jurisdictions and Laws of the lawful Soveraigns It will prove a very difficult task for any man to find out a clear and satisfying reason of difference in this present case betwixt the Ecclesiastical power Oeconomical why the one because it claimeth to be of Divine Right should be therefore exempted from the Regulation of it in its exercise by humane Laws and not the other which flows from Heaven and is equally of Divine Right with the former 5. In fine All such who have sworn the Oath of Allegiance and Supremacy since the assertory Act was made Anno 1669 can have no pretence to scruple the taking of this Test upon account of any thing contained in the Act of Supremacy already sworn by them in as much as they must be understood to have taken that Oath in the sense of the Lawgivers who framed that Act. Before we come to the Third Classis of Objections it will be necessary to say something for satisfaction of the Doubts of some who apprehend contradictions betwixt some expressions in the Consession of Faith and others in the same Consession and betwixt some assertions therein and others in the Test So that they think by taking this Oath they shall he ensnared to swear to contradictory Propositions Two are instanced that in the Article concerning the Immortality of Souls it is said That the Elect departed this life are delivered from all torment And yet in the same Article it is asserted That neither the Elect nor Reprobate are in such sleep after death that they feel no torment To this seeming contradiction it is answered 1. That this flows from the mistake and error of the Printer alone and not from any fault in the Confession For in that History of the Reformation of the Kirk of Scotland of the foresaid Edition the later part of the Article runs thus So that neither the one nor the other are in such sleep that they feel nothing Which clearly takes off all shadow of Contradiction as well as the error of those against whom that Article seemsto be levelled But finally the Latin Paraphrase of it in the Harmony of Confessions takes off all difficultly For there the words run thus Adeo ut neque hi neque illi ita dormiant ut non sentiant in qua conditione versentur Another seeming contradiction is betwixt the Confession and the Test viz. Art 25. it is said That they who resist the supreme Powers doing that which belongs to their charge resist Gods Ordinance and they who deny to them their aid counsel comfort c while the Prince● and Rulers vigilantly travel in the execution of their Office these deny their help and support to God which words seem to disallow the resisting of the supreme Magistrate only conditionally and in a limited and restricted sense Again the Oath and Test assert That it is unlawful upon any pretence whatsoever to take up arms against the King or these commissionate by him which doth declare the resisting of the Soveraign power to be simply and absolutely unlawful without any restriction or limitation Ans. Here is no Contradiction if the Logical Rules be observed For to resist the Supreme Powers doing that which pertains to their charge is to resist Gods Ordinance and not to resist the Supreme Powers doing that which pertains to their charge is to resist Gods Ordinance were indeed a contradiction but to resist the Supreme Powers doing that which appertains to their charge is to resist Gods Ordinance and to resist the Supreme Powers upon whatsoever pretence is to resist Gods Ordinance imports no manner of contradiction And so of the other proposition To deny aid counsel c. while Princes and Rulers vigilantly travel c. in the execution of their Office and not to deny aid counsel c. while

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 in stead of sending him prisoner to Scotland with a guard as was much pressed he allowed him to go down on a verbal bale 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 Midletoun 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 Majesties door upon which his Majesty was graciously pleased to send immediatly an order to the Earl of Midletoun 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 Midletoun Which he accepted of albeit he had no particular instruction for it from his Majesty which before a year went about Earl Midletoun 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 Majesties 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 solicitedh im now these eighteen years for any Title Office or Imployment though he confesses he had of all sorts nor hath he been burthensome to his Majesties Exchequer 500 l yearly for 4 or 5 years that the Earl served in the Treasury being all that ever he touched of his Majesties money albeit few attended more and none so much that lived at his distance He was also twice at London to kiss his Majesties hands but still on his own charges Which things are not said to lessen his Majesties bounty and goodness whereof the Earl still retaines all just tender and dutifull 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 peece 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 well 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 or 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 containes nor insinuats the least slander reproach or reflection either upon the King the Parliament or any Person whatsomever but on the contrair is in effect ten fold more agreeable to the words of the Test and meaning of the Parliament that framed it then 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 refused to be signed That the whole Indictment 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 Topiks of Law Reason and Religion and threatning no less in the Earl's person then the ruine of every mans 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 Enemie added that great Character of Goodness upon vain and false insinuat ions 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 disparagment have for a longer time and more faithfully and signally served His Majesty and the Croun then any person or family of his degree and quality of all his Persecuters 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-pouder Miscreants The bloody Irish Rebells and all the other most wicked hainous traitours 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 reall conviction and upon such frivolous allegations as all men see to be at the top meer moon shine and at the bottom villanie unmixed After clearing these things the Earl it seems intended to have addressed himself to his Majesties Advocate in particular and to have told him that he had begun very timously 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 easy to divine that more was intended from the beginning then 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

or culpam as of old but durante beneplacito And 4ly Are not such as were most forward and active in the Earl's comdemnation proportionally rewarded And as for the Earl's Jurors or Assizers you have heard a full account of them in the Narrative 2ly Our Author tells us That the King and his Ministers were under no tentation against the Earl That there was no design against his life That His Royal Highness albeit informed of an escape intended yet gave express order not to keep him strictly even after he was found guilty As also His Highness ordered that Advocates should be prest to appear for him And in fine that the Earl was very discreetly and respectfully used And. 1. As to His Majesty He is indeed most freely assoiled of all either inclination or tentation in this matter except that of importunity But 2ly For His Ministers the contrivers and actors their tentations may be guessed at by what is said in the Narrative And if they also had none it only sayes that they run without driving and are the lesse excusable 3ly How forward His Highness and the Council were to press Advocates in the Earl's cause and to grant his Petitions though founded on clear Acts of Parliament how false it is that his Royal Highness had any information of the Earl's intention to escape and notwithstanding ordered that he should not be strictly keept and whether or not there was a design to take the Earl's life you have already and I hope plainly and satisfyingly seen in the Narrative But pray remark the solly of this self-condemned reasoning For. 1. If the Earl was truly guilty of these worst of crimes Leasing-making Depraving and Treason why should he not have died And if he was not guilty what wickedness was it to give Sentence against both his Life and Fortune and since by disposing on his whole estate to execut it as far as possible And 2ly Is it not a pleasant conceit to imprison arraign for Treason and find guilty and crave leave to Sentence a Person of the Earl's quality And then to take away all his Estate and yet to tell the world there was no design against his Life Solomon sayes As a Mad man who casteth firebrands arrows and death so is the man that deceiveth much more condemneth his nighbour and saith am not I in sport And Machiavel whose Politiks may be with some are in more request then Solomons Proverbs taxeth it as no less impolitik to take away a man's Estate and yet spare his Life And yet notwithstanding ou● wiser and more politik Author will have us to believe neither But 4ly Yet the Earl was very respectfully used And this must go far from such hands And was he not indeed so when he was 1. Summarly imprisoned without Bale or Mainprise 2ly Arraigned before the Justice-Court and not reserved to the Parliament as is usual for Persons of his rank especially the Parliament being then current and its next Session near approaching 3ly Refused access to or opportunity to speak with His Royal Highness though it was often and much desired And 4●ly When by the Sentence his Blood was tainted his Posterity disabled and his Escucheon and Arms thereafter torn and ranversed as if he had been the worst of traitors I grant it was observed that the debate in the Process was managed on both hands with a more then ordinary coolness but as something must be imputed on the one part to His Majesties Advocat's secret conviction of these strange impertinencies whereunto the discharge of his Office obliged him and on the other hand to the Earl's Advocates their perswasion that his words were so innocent that hardly any thing could be said that was not equally criminal so it is certain that the main cause was that both the one and the other knew that the design was laid and the issue inevitable Thirdly This Vindicator sayes That the Earl's Jurisdictions and Estate could be no tentation for the late Advocate had given such reasons against his Right to these Iurisdictions and Superiorities as could not be answered and that the King got nothing for his Royal Highness procured more of it to his children then belonged to the Family debts being payed And the remainder was given among the Creditors and the tithes returned to the Church But. I. Our Author goes on still to disown tentations which can signify nothing save to confirm more and more that the Earl was overthrown and ruined by pure Mal●ce For if there was no tentation either against his Person or Estate and yet notwithstanding of his innocence which all men see the former be subjected to a Sentence of death and the later quite taken from him must not this strange severity proceed from a very extraordinary good Nature 2ly Our Author disowns any design against the Earl's life But affirms That there are reasons unanswerable against his Iurisdictions and Estate And yet instead of making use of these reasons civily to take away his Jurisdictions and Estate his life is criminally and principally persued How are these things consistent But that which is crooked cannot be made straight 3ly It is false that ever the late Advocate or any other represented any reasons far less unanswerable ones against the Earl's Rights either to his Estate or Superiorities And the whole truth in this matter is that he did indeed offer some reasons to the Exchequer against the Earl's Right to his Jurisdictions but which at the same time were so evidently refelled by shewing that the Earl's Rights were long anterior and no way touched by all the Acts of Parliament whereon he founded that His Majesty after full information did first by his Letter a copy whereof ye will find subjoyned expressly order the passing and confirming of the Earl's Rights and then give a special Instruction unto his Commissioner to ratify it in plene Parliament which was also done And what the present Advocate did in the last Parliament and how it succeeded with what else may be needful for clearing of this point you have already in the Narrative 4ly Our Author first confounds the Earl's Estate and his Superiorities as if one and the same thing Whereas a man's Estate includs also his Property But the Second mistake and the greater cheat is because the word Superiority sounds more of power then the word Property doth therefore the Earl's enemies do in his case constantly joyn his Jurisdictions and Superiorities as if both of the same nature and equally amissable for not taking the Test or any the like cause And hereby have they so far impressed His Majesty as to cause him also speak at the same rate Whereas it is an uncontestable truth that a Superiority in its Right and as to the person that enjoyes it is plainly Property and is only called Superiority because the Owner by granting according to the use of the Feudal Law a Subaltern Right to a Vassal holding or releving of himself for certain Services