Selected quad for the lemma: duty_n
Text snippets containing the quad
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A41757
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The grand indictment of high-treason against the Marquess of Argyle, at the instance of His Majesites advocat: exhibited to the Parliament of Scotland, with an account of what hath followed since thereupon.
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1661
(1661)
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Wing G1498A; ESTC R218495
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26,442
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24
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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
a stroke nor power in the Parliament as is lybelled And my Lord for his Estate I had nothing in that but for my own absolutely necessary relief and was ever most willing to part with any interest I had therein getting his Friends who professed much Zeal for the standing of the Family engaged for warrandise to me of any portion that should happen to fall my satisfaction and to evidence that I was no means to harm the Family I stood with my Right betwixt all Fines and Forefeitures of Bonds and accompted for any thing I could receive and to manifest yet furder that the burden of that Family was not from any extrinsick cause to themselves I have under the old Marquis his own hand and his Sons George Lord Gordon who was a very worthy young Nobleman the just Inventory of their Debts amounting to about one million of Merks in anno 1640. It would I fear my Lord consume too much of the Parliaments precious time to hear many other circumstances to make this particular more clear which I shall at this time forbear The fourth Calumny is the death of the Marquis of Montrose There are many in this House my Lord who know very well I refused to meddle either in the matter or manner of it and so far were we from having any particular Quarrels at one another that in anno 1645 he and I were fully agreed upon Articles and Conditions contained in a Treaty past betwixt us the Gentleman is yet alive who carried the messages both by Word and Writing betwixt us and it was neither his fault nor mine that the business did not end at that time which is kown to all proved very obnoxious to the Kingdom thereafter The fifth Calumny is concerning my dealing with the English after Worcester fight It is well known my Lord to many that my self and the Gentlemen of Argyleshire my Kinsmen Vassals and Tennents endeavoured cordially to engage all their Neighbours about them on all hands against the English which they did not prevail in but was most unhappily made known to the English Commanders for the time which they cauâ—ed immediatly publish as a very notable Discovery in their news Books which occasioned two sad disadvantages to us for they not only crushed our Attempts in the infancy but also determined the severer Resolutions against us whereby two strong Regiments of Foot Overtouns and Reads and very near the number of one of Horse under the Command of one Blackamour were sent to Argyle and when Dean came there it pleased God to visit me with a great distemper of sicknes as Doctor Cunninghame and many others who were with me can witness what my Lord I was prest to when I was violently in their hands may be instructed by the paper it self written by Deans mans own hand yet extant to shew which I did abolutely refuse upon all the hazard of the uttermost of their malice as also what I was necessitate to do is likewise ready to be shown whereby I was still continued their Prisoner upon demand I shall my Lord add one Reason more to clear this besides many other weighty publick Reasons and Considerations which I shall forbear to mention at this time it being more natural to bring them in by way of Defences afterward my own Interest and of all Noblemen and Superiors in Scotland It may be rationally presumed that I had been a very senseless fool if ever I had been for promoting such an Authority or interest over me as levelled all and was so totally destructive to all that differenced my self and other Noblemen from their own Vassals which many says I was too earnest in Yea it being absurdly derogative to all true Nobility and my Ancestors and I as is said in that Libel having had so many Titles of Honour Dignity and eminent places of Trust conferred upon us by his Majesties Royal Predecessors and himself all for our constant Loyalty and adherence to the Crown at all occasions as the Records and Histories of this antient Kingdom holds forth besides the Narratives of all our Grants and asserting the just priviledges thereof against all opposers I did my Lord ever even when the English were at the intollerable height of Usurpation declare my true abhorrence to a Common-wealth Government which was well known to them all I was not indeed my Lord very dissatisfied when there was Rumours spread abroad of Cromwels being made a King as some here present can witness For I told them it was a most probable way for his Majesty and the more it were incouraged would tend the more to Cromwel and their deformed Common-wealths Governments Ruine and promote his Majesties just interest the more My Lord I shall not much blame my Lord Advocat for doing his endeavour it being an essential part of his Function to accuse but I must say That it is very hard measure that so able a man has taken near as many Months in taking pains to prompt as many Enemies as his perswasions could possibly invite to vent out the highest notes of their malice and laying out search by them for and collecting all the bad Reports or rather to give them their genuine term I may call them a confused Mass of the common Clashes of the Country thereby to devise misconstructions of all the publick actings of both Parliaments and Comittees during the late troubles and with strange and remote inferences to adduce all those to the channel of my particular actings he has taken I say my Lord as many Months as I have had days to answer them being an exceeding disadvantage But my Lord that 's not all I am likewise extreamly troubled that he labours in that Libel all along to draw an obscure vail of perpetual oblivion over all my good services and specially my faithful and loyal endeavours in restoring of his Sacred Majesty to the Crown of this his most Antient Kingdom of Scotland and the exercise of his Majesties Royal Authority therein with my cordial endeavours for his Majesties Restitution to the rest of his Dominions also which his Majesty both knows and has been pleased often to acknowledge it to have been good service yea and many present in this Honourable House knows that I extended both my Zeal and Affection to the utmost of my Power for his Majesties Service in that particular which I willingly acknowledge nothing my Lord but my duty whereunto I was tyed both by natural civil and Christian Bands to my Sovereign and specially such a King of whom I may say well as I have often affirmed That he is a King in whom the Lord has been pleased to take such pleasure as to possess his Majesty with so many superlative degrees of Excellency that will certainly exalt his Majesties Fame both in our Age and to subsequent Posterity above all the Monarchs in the World so that my Lord we may consequently discover a high Demonstration of the Lords singular Kindness and special