MY Lord Chancellour, This businesse is of very great concernment to me, and not small in the preparation 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 few words, without prejudice or misconstruction, which any thing I can say is obnoxious to.

[Page 4]I shall, my Lord, begin with the words of that godly king Iehosaphat, that good King of Iudah, (after he was come back in peace to Ieru­salem) in his instructions to his Judges, wherein he bad them take heed, what they do, for they judge not men but for the Lord, who is with you in judgement, 2 Chron. 19.17. 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 those 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 ground, and what some have suffered, but not what they have deserved. There­fore I desire your Lordships charity, untill 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 no certainty in the Mathematicks, or morals; for as Grotius has it, The Mathematicks separate forms from matters; as betwixt strait and crooked there is no midst, but in Morals even the least circum­stances vary the matter, they are wont to have something betwixt them with such latitudes, that the accesse 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 interwoven, that which may be done, but is never: Now to that other part whence ambiguity ariseth, often the particular instances are so obvious to e­very understanding man, that I need only to mention them.

Polybius, My Lord, makes much of his History depending upon these three, Concllia, Causae, & Eventus. And there are likewise o­ther three, Tempus, locus, & personae, the change whereof makes that which is lawfull duty, unlawfull; and on the contrary, so likewise in speaking or repeating words, the adding or payring from them will quite alter the sense and meaning; as also in wrighting, the placing the Comma's or punctions will quite alter the sense,

This is my Lord another Maxim, which I do not maintain as al­wayes 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.

[Page 5]There is another Maxim which is not questioned by any, and it is Necessity has no Law: For even the Moral Law of God yeilds to it, and Christs Disciples in Davids Example. For this Seneca says, Ne­cessitie and humane imbecillitie breaks every Law. 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 dispence with some formalities. For Ravanella so much esteemed in matters of Scripture) divideth necessity, into absolute and hypothetick necessity, and makes that of submitting to Powers of absolute necessity. Iosephus 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 Forreign Power amongst you, you must submit to them, much more then to him who is your Brother, and one of your own Nation.

There is another Maxim (my Lord) Inter arma silent Leges, and it is well known, that divers Laws in Scotland were ordain'd with con­sideration of times of War, and times of Peace.

Another Maxim, ‘Ex duobus malis minimum eligendum est, cum u­num eorum nequit evitani’, says Arist. Cicero & Quintilian, cum di­versa mala inter se comparantur, eorum minimum locum boni oc­cupat.

There is another Maxim, No man's intention by the event of any action, there being oftentimes so wide a difference betwixt the con­dition of the work, and the intention of the worker. Mans cause being only of Duty, the event is the Lords.

I shall only adde another Maxim; It cannot be admitted 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 Maxims, (My Lord) I shall humbly tender some weighty considerations to your Lordships thoughts.

First Consideration is, that there is different considerations of Subjects actions, when their lawfull Magistrate is in the exercise of [Page 6] his Authority by himself, or others lawfully constituted by him, and when there is no KING in Israel.

Second is, That there is a more different consideration bewixt the Subjects 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 Forreign Sword, and the Invader in possession of Authority.

Thirdly, That there i [...] 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, presenting, and pleading them as Lawes.

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.

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.

Sixtly, It is to be considered likewise of the actions of such a Subject, who was particularly noticed and persecuted by the Invaders, for his affection to the lawful Magistrate, and his Government.

Seventhly, It is to be considered, that there is a great difference betwixt actions done ad luerum capiendum, and those done ad dam­num evitandum; that is to say, actions to procure benefit, and a­ctions to shun detriment.

Eightly, It is to be considered, that there hath ever been a favourable consideration had (by any Prince) of any per­son coming voluntarily, and casting himself upon a Prince's cle­mency.

Ninthly, It is to be considered, that his MAJESTY him­self hath a glorious natural inclination unto Clemency and Mer­cy, which hath been so abundantly manifested to his Subjects in England, even to all (except some of the immediate Murtherers [Page 7] 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 MAJESY hath gracious [...]y pardoned) even for their dutyful service, and affection to his MAJESTY. Therefore, without thought of any prejudice to the Parliament, or honorable Meeting, I must make use of my Lord Chancellour of England his words, though in another case, saying, there cannot be too much evil befal those who do the best they can to corrupt his MAJESTIE'S good nature, and to extinguish his Clemency; For his MAJESTIE'S self Declared his natural inclination to Clemency in his Speech to both Houses of Parliament in England, wherein he hath with all his People conjured, desired, and commanded to abolish all Notes of discord, separation, and difference of parties, and to lay aside all other animosities, and the memory of past provocations, and to re­turn to a perfect Unitie amongst themselves under his MAJESTIE'S protection, which he hopes all your Lordships will concurre in, hav­ing so worthy a Pattern to follow: And as there is his MAJESTIE'S inclinations exprest, so 'tis most suitable to the Arms he bears as KING of Scotland, which is the Lyon, 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 MAJESTIE, and your Grace my Lord Commissioner in his MAJESTIES Name.