Two speeches of Mr. James Guthry before the Parliament one after the reading of his indictment, Feb. 21, 1661, the other immediately after the reading of the processe, April 10, 1661. Guthrie, James, 1612?-1661. 1661 Approx. 38 KB of XML-encoded text transcribed from 9 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2011-12 (EEBO-TCP Phase 2). A42360 Wing G2267A ESTC R12166 11998224 ocm 11998224 52167

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Early English books online. (EEBO-TCP ; phase 2, no. A42360) Transcribed from: (Early English Books Online ; image set 52167) Images scanned from microfilm: (Early English books, 1641-1700 ; 564:5) Two speeches of Mr. James Guthry before the Parliament one after the reading of his indictment, Feb. 21, 1661, the other immediately after the reading of the processe, April 10, 1661. Guthrie, James, 1612?-1661. [2], 14 p. s.n.], [London : 1661. Reproduction of original in Huntington Library.

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eng Guthrie, James, 1612?-1661. 2020-09-21 Content of 'availability' element changed when EEBO Phase 2 texts came into the public domain 2010-08 Assigned for keying and markup 2010-08 Keyed and coded from ProQuest page images 2011-02 Sampled and proofread 2011-02 Text and markup reviewed and edited 2011-06 Batch review (QC) and XML conversion

TWO SPEECHES OF Mr. JAMES GUTHRY BEFORE THE PARLIAMENT.

One after the reading of his INDICTMENT, Feb. 21. 1661.

The other immediately after the reading of the PROCESSE, April 10. 1661.

Printed in the Year, 1661.

Mr. James Guthry his Speech before the Parliament, after the reading of his Indictment, Febr. 21. 1661. My Lord Chancellour,

BEing Indicted at the inſtance of Sir John Flescher, his Majeſties Advocate, for his Majeſties Intereſt, upon things alledged to be Seditious and Treaſonable, I do humbly deſire, and from your equity expect, that my Lord Commiſſioner his Grace, and this Honourable Court of Parliament, will patiently, and without interruption, allow me hearing, as to a few things which I have to ſay for my ſelf, in anſwer to that Indictment, and that I may proceed diſtinctly therein, following the order of the Indictment it ſelf, I ſhall ſpeak a word firſt to the Laws that are mentioned and cited therein, by which I am to be judged, then to the things themſelves whereof I am accuſed: Concerning theſe Laws, I am glad that the Law of God is named in the firſt place, it being indeed the Soveraign and Supreme Law, not only of Religion, but alſo of righteouſneſs, to which all other Laws ought to be ſquared and ſubordinate; and there being an Act of the 1. Parl of K. Ja. 6. whereby all Laws, or clauſes of Laws, or Acts of Parliament, repugnant unto the Word of God, are repealed, an Act moſt worthy of a Chriſtian King and Kingdome; and I hope that your Lordſhip, in all your proceedings, will moſtly have reſpect unto this, that I may be judged by the Law of God eſpecially, and by other Laws in ſubordination thereunto. As to theſe Laws and Acts of Parliament which are mentioned in the Indictment, concerning his Majeſties Royal Prerogative, and declining his Majeſties Judgment and Authority, and keeping of Conventions: I hope it will not be denied, that they are to be underſtood and explained according to that ſenſe and meaning that is gre •• thereof by poſterior Acts of Parliament, it being a maxime in the Law, no leſs common, then true and equitable, that where there is any ſeeming or real contradiction and oppoſition betwixt Laws, Poſteriora derogant prioribus, otherwayes Laws, inſtead of preſervatives to States and Commonwealths, might prove nets and ſnares, to intangle the lives, reputations, and eſtates of the Subjects. And it muſt alſo be granted, that theſe Laws and Acts of Parliament, are to be underſtood and expounded by our ſolemn publick Vows and Covenants contracted with God, both by his Majeſty and Subjects, which are not only declared by the Laws of the Land to have the ſtrength of Acts of Parliament, but both by the Law of God, and Common-Law, and light of all the Nations in the world, are more binding and indiſpenſible, then any municipal Law or Statute whatſoever. Thirdly, as to theſe Acts of Parliament, which are cited ag ••••• ſlanderous and untrue ſpeeches, to the diſdain, contempt and reproach of his Majeſties Authority, I think I need not ſay that none, much leſs his Majeſties Commiſſioner, and this Honourable Court of Parliament, do underſtand them of truths uttered in ſobriety, by thoſe who have any lawful call thereunto; and that theſe Acts, which ſpeak againſt medling in the affairs of his Majeſty and States, are not to be underſtood of ſuch medling, as men are bound unto by virtue of their calling, and wherein they do not tranſgreſs the bounds thereof. The next thing I ſhall ſpeak to, is the particulars wherewith I am charged, concerning which, I ſhall give your Lordſhip a true and ingenuous accompt, as to my acceſſion thereto, knowing that I ſpeak in the ſight of him who ſits in the Aſſembly of the Gods: Next, I ſhall be bold to offer to your Lordſhip ſome humble defence of my doing for vindica ing of my carriage from the breach of his Majeſties Laws, and exempting me from the puniſhment appointed thereby: As to matter of fact, I am in the Indictment firſt charged with a general, of being culpable of ſundry ſeditious and treaſonable Remonſtrances, Declarations, Petitions, Inſtructions, Letters, Speeches, Preachings, Declamations, &c. To which I ſay, that generalia non pungunt, they can have no ſtrength in the inferring of any crime of guilt, except in ſo far as they are inſtanced and verified in particulars, but are like unto that univerſal, that having no foundation in re, is a meer Chimera, or ſecond notion, only one thing there is in that general charge that I cannot, yea ought not to paſs by, to wit, that I have ſeditiouſly and trayterouſly purpoſed the eradicating and ſubverting the Fundamental Government of this his Majeſties ancient Kingdome, at leaſt the enervating, or violating, or impairing of his Authority; concerning which, I am bold to ſay it is an unjuſt Charge, there was never any ſuch deſign or purpoſe in my heart; and ſince I am thus charged, I may without vanity, or the breach of the law of ſobriety affirm, that as I had never any complyances with the counſel, deſigns, or actings of the late uſurping Powers againſt his Majeſties Royal Father, or himſelf, or againſt this Kingdome, or the ancient Government thereof, or of the Kingdomes of England and Ireland, ſo was there no part of their ungodly & unjuſt actings, but I did in my ſtation & calling bear open and publick teſtimony againſt the ſame, both by word and writ, which is a thing better known, and more manifeſt, then that can be liable to ſuſpition therein, many of theſe teſtimonies being given before many, and many of them being yet extant in the world, and ſuch as will be extant to poſterity. My Lord, albeit it doth become me to adore God in the holineſs and wilſdome of his diſpenſations, yet I can hardly refrain from expreſſing ſome grief of ſpirit, that my houſe and family ſhould not only have been poſſeſt for many moneths together by a number of Engliſh ſouldiers, and my ſe f kept from the Pulpit for ſpeaking and preaching againſt the tender and incorporating of this Nation in one Commonwealth with England, and that I ſhould thereafter, in the time of Oliver Cromwell, as uſurping the Government to himſelf, under the name of Protector, been delated by ſome, and challenged by ſundry of his Councel in this Nation, becauſe of a paper publiſhed by me, wherein he was declared to be an Uſurper, and his Government to be Uſurpation, that I ſhould have been threatned to be ſent to the Tower for writing a paper againſt Oliver Cromwell, his Uſurping of the Crown of theſe Kingdomes; that I ſhould have been threatned with baniſhment, for concurring in offering a large teſtimony againſt the evils of the time to Richard Cromwell his Councel, immediately after his uſurping of the Government; I ſay, my Lord, it grieves me, that notwithſtanding of theſe things, I ſhould now ſtand indicted before your Lordſhip, as intending the eradicating and ſubverting of the ancient Civil Government of this Nation, and beign ſubſervient to that Uſurper in his deſigns, the God of heaven knows, that I am free of this Charge; and I do defie all the world, allowing me Juſtice and fair proceeding, which I hope your Lordſhip will, to make out the ſame againſt me. The firſt particular wherewith I am charged in the Indictment is, that I did contrive, and comply, and draw up ane paper, commonly called The Remonſtrance, and preſented it, or cauſed it to be preſented to his Majeſty, and the Committee of Eſtates, upon the 22 day of October, 1650. To which I anſwer, by denying that part of the Indictment, I did neither compile, nor contrive that Remonſtrance, nor did I preſent, nor cauſed it to be preſented to the Committee of Eſtates, at that time, or at any other time; I did indeed, being a Member of the Commiſſion of the Gen. Aſſembly, when they gave their judgement upon it, diſſent from the ſentence which they paſt upon it, which cannot be reckoned any culpable acceſſion thereto, every man being free, without hazard of puniſhment, and bound in conſcience, as before God, to give his judgement freely in the Judicatory whereof he is a Member: If it be alledged, that I did afterwards abate the ſame in the book of the Cauſes of the Lords wrath, in the ſixth head of the nin h Article thereof, by aſſerting the rejecting of the diſcovery of guiltineſs contained therein, to have been a ſin, &c. is anſwered firſt, that that was no more but the aſſerting of my former diſſent: Secondly, that it was no more, upon the matter, then was acknowledged and aſſerted by the whole Commiſſion of the Gen. Aſſembly, when they paſt ſentence upon it, in which ſentence it is acknowledged, that it did contain many ſad truths, which yet were not received, nor any effectual remedy endeavoured for helping of evils repreſented thereby. Thirdly, it cannot be accompted culpable in a Miniſter of the Goſpel, who is thereunto bound by virtue of his calling, to aſſert the rejecting of the diſcovery of ſin, and guiltineſs to be a ſin. The next particular which I am charged with, is the book of the Cauſe of Gods Controverſie, eſpecially the fifth and ſixth Articles thereof, which are particulars that I believe, upon the looking thereof, will not be found to contain any juſt matter of accuſation, much leſs matter of ſedition and Treaſon, there being nothing mentioned therein, but the diſcovery of the ſin of covetouſneſs, and the abuſe of the publick Faith of the Land in borrowing of money; but becauſe I do apprehend that it was the fifth and ſixth ſtep of the ninth Article that was intended by my Lord Advocate, I do humbly profeſs unto your Lordſhip, and to this Honourable Court of Parliament, that I am very unwillingly drawn forth to ſpeak of theſe things, and ſhall only ſay firſt, That the God of heaven is witneſs, that my acceſſion thereunto, it did not flow from any diſreſpect or disaffection to his Majeſties perſon or Government, much leſs from any malicious purpoſe to render him odious to the world, or to his Subjects, or to give advantage to his enemies, and the enemies of theſe Kingdomes, or from any purpoſe in any thing to be ſubſervient to the deſigns or actings of the late uſurping powers, but meerly and ſingly from a conſtraining power of conſcience to be found faithful as a Miniſter of the Coſpel in the diſcovery of ſin and guiltineſs, that it being taken with, and repented of, wrath might be taken away from the houſe of the King, and from theſe Kingdomes: Your Lordſhip knows what ſtrict charge is laid upon Miniſters of the Goſpel to give faithful warning to all ſorts of perſons, and how they expoſe their own ſouls to the hazard of eternal damnation, and the guilt of the blood of thoſe with whom they have to do, if they do not; and you do alſo know, that the Prophets and Apoſtles, and the Lord Jeſus Chriſt himſelf, did faithfully warn all men, though it was their lot, becauſe of the ſame, to be reckoned Traytors, and ſeditious perſons, and to ſuffer as evil doers upon the accompt thereof. Next, my Lord, I wiſh it may be ſeriouſly pondered, that nothing is aſſerted in theſe cauſes as to the matter of ſin and duty, but what hath been the common received doctrine of the Kirk of Scotland, as may appear from the Records of the work of Reformation from Popery, and from the National Covenant, and Solemn League and Covenant, and the publick Declarations and Acts of this Kirk and Kingdome, concerning the neceſſary ſecurity of Religion; the truth of which doctrine is confirmed from the Word of God, and divine reaſon, in theſe publick papers themſelves; and as to matters of fact, they are no other then is mentioned in the ſolemn publick cauſes of humiliation, condeſcended and kept either by the whole Kirk of Scotland joyntly, and by his Majeſty and his family, with the Commiſſion of the General-Aſſembly, and the Committee of Eſtates, a little before his Coronation at Perth. As to the ſixth ſtep, there is nothing therein mentioned but what is truth, all the particulars therein ſpecified, as of the Remonſtrance it ſelf, containing ſome diſcovery of known and undeniable ſins and guiltineſs, the rejecting whereof behoved to be a ſin, and therefore cannot the aſſerting of it be Treaſon and Sedition. The third particular wherewith I am charged, is the ſupplication at Oſ , August 24. To which I acknowledge my acceſſion, but do deny it to be treaſonable and ſeditious, becauſe beſides the vindication of my former carriage and actings from complyances with the late uſurping powers, and an humble profeſſion of that ſubjection, and loyalty, and obedience, which I owe to his Majeſty and of my reſolution to render the ſame unto him, as unto the Supreme and rightful Magiſtrate over theſe Kingdomes, and ſome ſerious prayers and ſupplications for his Majeſty, &c. doth contain nothing but an humble Petition concerning theſe things, to which his Majeſty and all the Subjects of this Kingdome are ingaged by the ſolemn and indiſpenſable Oath of the Covenant, with a ſober and ſerious repreſentation of the dangers that threaten Religion, and of things that are deſtructive unto the duties contained in theſe Articles of the Covenant; and therefore the Covenant being eſtabliſhed by Law, and conſtrained by the publick Oath of God, which is more then Law, a humble Petition and Repreſentation concerning theſe things, cannot be accompted Sedition and Treaſon. The Indictment is pleaſed to ſay, that I charged his Majeſty with diſſimulation and perjury, but there is no ſuch thing in the ſupplication, which doth only put him in remembrance of holding faſt the oath of the Covenant: As to what is alledged againſt the unlawfulneſs of our meeting, &c. was Presbyterially reſolved, that I ſhould keep that meeting, and ſuppoſe it had not been ſo, yet cannot that meeting fall within the compaſs of theſe Acts of Parliament, which ſtrikes againſt unlawful Conventions, becauſe every meeting for buſineſs in it ſelf, lawful or agreeable to the Word of God, and the Laws of the Land, and keeped without multitude or tumult, ſuch as that was, needs no particular Warrant from Authority, as may be inſtanced in ſundry other meetings up and down the Land, day by day, for ſeveral ſorts of buſineſs: Be there not many meetings kept by perſons of all ſorts in all the parts of the Country, in reference to applications to Judicatories, and to the Supreme Magiſtrate, for the civil intereſts and rights? and if ſo, how much more may Miniſters meet for ſupplicating his Majeſty, for the intereſts and right of Jeſus Chriſt, keeping themſelves for the matter of their ſupplication within the bounds of the Covenant, and of theſe things that are eſtabliſhed by Law.

Thirdly, ſuch meetings are clearly exempted from the breach of theſe Acts of Parliament, by a poſterior Act of Parliament, to wit, by the 29th Act of the 2 Parl. of King Charles the firſt.

As to the laſt particular in the Indictment, to wit, my declining of his Majeſties Authority at Perth, I do acknowledg, that I did decline the Civil Magiſtrate, as competent Judge of Miniſters Doctrine in the firſt inſtant; his Majeſties Authority, in all things civil, I do with all my heart acknowledge, and that according to the Confeſſion of the Faith of this Church, the conſervation and purgation of Religion belongs to him as civil Magiſtrate, and that Eccleſiaſtick perſons are not exempted from obedience to Civil Authority, and the juſt commands thereof, not from puniſhment in caſe of their tranſgreſſion; but that declinators of the Civil Magiſtrate, his being Judge of Miniſters Doctrine in the firſt inſtant, are no treaſon nor ſedition, but lawful and warrantable: I do humbly offer firſt, that ſuch declinators are agreeable to the rule of Gods Word, and to the Confeſſions of Faith and Doctrine of this Church, which are confirmed and ratified in Parliament by many ſeveral Acts, and therefore have the ſtrength both of divine and humane Law; that they are agreeable to the rule of Gods Word, is evidents from this that the Scriptures do clearly hold forth, that Jeſus Chriſt hath a viſible Kingdome, which he exerciſes in or over his viſible Church, by the ſpiritual office bearers thereof, which is wholly diſtinct from the civil powers and government of the world, and not depending upon, nor ſubordinate unto theſe governments, and the Acts thereof, John 18.36, 37. Mat. 16.19. John 28.23.

That they are agreeable to the Confeſſions of Faith and Doctrine of this Church is evident, becauſe theſe do acknowledge no Head over the viſible Church of Chriſt, but Jeſus Chriſt himſelf, nor any Judgement, nor Power, in nor over his houſe, but that which he hath committed unto the ſpiritual office-bearers thereof under himſelf; and therefore it hath been the ordinary practiſe of this Church in ſuch caſes, to uſe ſuch declinators, ſince the time of Reformation from Popery, as may appear from many clear, and undeniable, and proven inſtances, extant in the Acts of the Gen. Aſſemblies, and Records of this Church, particularly theſe of Mr. David Black, in the year 1596. which was owned and ſubſcribed by three or four hundred Miniſters, beſides ſundry others which are well known; and I do believe, my Lord, that not only is this the doctrine of the Church of Scotland, but alſo of many ſound Proteſtant Divines, who give unto Caeſar the things that are Caeſars, and to God the things that are Gods. Secondly, ſuch declinators are agreeable unto, and founded upon the National Covenant, and the Solemn League and Covenant, by which the Kings Majeſty himſelf, and all the Subjects of this Kingdome are bound to maintain the doctrine, worſhip, diſcipline, and government of this Church, which with ſolemn vows, and publick Oaths of God, have alwayes in all Kingdomes, States, and Republicks, been accompted more ſacred and binding, then any municipal Law or Statute whatſoever, and being poſterior to the Act of Parliament 1584. do neceſſarily include a repealing thereof: Upon theſe grounds it is, that I gave in, and do aſſert that declinator, for vindicating the Crown dignity, and Royal Prerogative of Jeſus Chriſt, who is King of Kings, and Lord of Lords, but with all due reverence and reſpect to his Majeſty, and his juſt greatneſs and Authority.

Fourthly; as to that Act of Parliament 1584. was made in a time wherein the ſetled Government of this Church by Preſbyters and Synods, was wholly over-turned, and their meetings utterly diſcharged, and the depoſition of Miniſters and things properly ſpiritual and Eccleſiaſtick, put into the hands of the Civil Magiſtrate, ſo we do aſſert, that that Act, in ſo far as concerns ſuch declinators, hath ſince the making thereof been often repealed and reſcinded, and was ſtanding repealed and reſcinded at the down ſitting of the Parliament: Firſt, it was ranverſed and annulled by a poſterior Act, in the year 1592. to wit, the firſt Act of the 12. Parl. of King Ja. the 6. which in the laſt Section thereof, doth expreſly declare, that that Act in the year 1584. ſhall no wayes be prejudicial, nor derogate any thing to the priviledge that God has given to the ſpiritual office-bearers in the Kirk, concerning heads of Religion, matters of Hereſie, collation or deprivation of Miniſters, or any ſick-like eſſential cenſure, ſpecially grounded and having Warrant from the Word of God; but ſo it is, that the freedome and independency of the ſpiritual office-bearers of the Kirk of God in things Eccleſiaſtical, that concern their calling, is a ſpecial priviledge of the Kirk, and a ſpecial head of Religion, and that the free diſcovering of the ſins of all perſons by Miniſters in their Doctrine from the word of God, is an eſſential cenſure grounded upon, and having warrant in the Word of God; and according hereto King James the 6. in the year 1585. conſidering the great offence given and taken by that Act in the year 84. did for removing thereof, ſend a Declaration penned and ſigned with his own hand to the Commiſſioners of the Kirk of Scotland at Linlithgow, Decemb. 7. which he ſayes ſhall be as good and valid, as any Act of Parliament whatſoever. In which Declaration he hath theſe words, I for my part ſhall never, neither my Poſterity ought ever cite, ſummon, or apprehend any Paſtor or Preacher, for matters of Doctrine, Religion, Salvation, Hereſies, or ton interpretation of the Scriptures, but according to my firſt Act, which confirmeth the liberty of preaching of the Word, Miniſtration of the Sacraments, &c. I avouch the ſame to be a matter meer Eccleſiaſtical, and altogether impertinent to my calling, therefore never ſhall I, nor never ought they, I mean my poſterity, acclaim any power or Juriſdiction in the foreſaids. It is alſo to be conſidered, that that Act 1584. is alſo repealed by the 4th Act of the 2d Parl. of King Charles the 1. which reckons it amongſt the evils that had ſore troubled the peace of the Church and Kingdome; that the power of the Keys and Kirk-cenſures was given to perſons meerly civil, and therefore doth provide, that for preſervation of Religion, and preventing all ſuch evils in time coming, Gen. Aſſemblies rightly conſtitute, as the proper and competent Iudges of all matters Eccleſiaſtical hereafter, be keeped yearly, and oftner, pro re naia, as occaſion and neceſſity ſhall require. The ſame Act in the year 1584: is alſo repealed by the 6th Act of the 2d Parl. of King Charles the Firſt, called the Act reſciſſory, which expreſly provides and declares, that the ſole, and only power, and juriſdiction within this Kirk, ſtands in the Kirk of God, as it is now reformed, and in the General, Provincial, Presbyterial Aſſemblies, with Kirk Seſſions, eſtabliſhed by Act of Parliament in Jan. 1592. which Act is expreſly revived, and renewed in the whole heads, points, and Articles in the foreſaid Act reſciſſory, and is appointed to ſtand in full ſtrength, as a perpetual Law in a l time coming, notwithſtanding of whatſoever Acts or Statutes made in the contrary thereof, in whole or in part, which the Eſtates by that Act reſciſſory caſſes and annulls in all time coming, and reſcinds and annulls all and whatſoever Acts of Parliament, Laws and Conſtitutions, in ſo far as they derogate, and are prejudicial to the ſpiritual nature, juriſdiction, diſcipline, and priviledges of this Kirk, by which it is evident, that not only that that Act in the year 1584. but alſo the firſt Act of the 18 Parl. of King James the 6th, and 3d Act of the firſt Parl. of King Charles the Firſt, whcih ratifies and eſtabliſhes the Royal Prerogative over all eſtates, perſons, and cauſes within this Kingdome, is declared to be of no force, in ſo far as the ſame may be extended to make the Supreme Magiſtrate the proper and competent Iudge of matters Spiritual and Eccleſiaſtick. Sixthly, it is to be obſerved, that it hath been lawful, and in continual practiſe, that his Majeſty and ſecret Councel, in ſundry cauſes, have been declined, and the cauſe drawn to the ordinary competent Iudge; as matters Civil to the Lords of the Seſſion, matters criminal to the Chief Iuſtice, matters of divorcement to the Commiſſaries, yea the meaneſt regality in the Country, hath power to decline the Supreme Iudicatories. As to what is alledged in the cloſe of the Indictment, of proteſting for remedy of Law againſt his Majeſty for a ſeaſment, &c. of that proteſtation, was but an Appendix and Conſequent of the other, made only in reference thereto, and a proteſtation againſt any particular Act for remedy according to his Majeſties Laws, cannot be treaſon againſt his Majeſty, there being no Act of Parliament declaring it to be ſo, and it being not Authority it ſelf that is proteſted againſt, but only a particular Act of the Authority, againſt which proteſtations in many caſes are ordinary. Laſtly, it is to be obſerved, that this declinatur was buried in ſilence by his Majeſty, and the Committee of Eſtates after the in-giving thereof, and M. Guthry ſent home without their challenging of him for the ſame, and permitted the exerciſe of his Miniſtry at Sterling. Theſe few things, my Lord, I thought fit at preſent to ſay in vindication, and defence of my own innocency, notwithſtanding of any thing contained in the Indictment now read againſt me; the ſum of what I have ſaid is ſhortly in theſe two: firſt, that I did never purpoſe nor intend to ſpeak, or write, or act any thing diſloyal, or ſeditious, or treaſonable, againſt his Majeſties perſon or Authority, or Government, God is my witneſs, and that what I have ſpoken, or written, or acted in any of theſe things wherewith I am charged, hath been meerly and ſingly from a principle of conſcience, that according to the weak meaſure of light given me of God, I might do my duty in my ſtation and calling, as a Miniſter of the Goſpel: Next, becauſe conſcience barely taken, is not a ſufficient plea, though it may extenuate, yet it cannot wholly excuſe, I do aſſert, that I have founded my ſpeeches, and writings, and actings in theſe matters upon the Word of God, and the Doctrine and Confeſſions of Faith, and Laws of this Church and Kingdome, and upon the National Covenant of Scotland, and the Solemn League and Covenant betwixt the three Kingdomes of Scotland, England, and Ireland; if theſe foundations ſhall fail, I muſt fall with them, but if theſe ſuſtain and ſtand in judgment, as I hope they will, I cannot acknowledge my ſelf, neither, I hope, will his Majeſties Lord Commiſſioner, and the Honorable Court of Parliament, judg me guilty of ſedition and treaſon, notwithſtanding of any thing contained in the Indictment.

After this Speech before the Parliament, Mr. James Guthry was appointed to give in writing his legal defences, or what he had to ſay in Law for his own defence againſt the things contained in his Indictment, which legal defences he gave in to the Lord Advocate, the fourth of March. Theſe defences contain five ſheets of paper, to which having received a Reply from the Lord Advocate, about fifteen daies thereafter, he did return a Duply thereunto the fifth of April, conſiſting of ſeven ſheets of paper; and being called before the Parliament the tenth of April, his whole Proceſs conſiſting of the Indictment, and his Defences, and the Lord Advocates Reply was read; after which, having liberty to ſpeak again for himſelf, he did by word of mouth deliver what is contained in the following Speech.

Mr. James Guthry his Speech before the Parliament, immediately after the reading of the Proceſs, April 10. 1661. My Lord Chancellour,

I Did at my firſt appearance before his Majeſties Commiſſioner, and this Honourable Court of Parliament, give an accompt of my acceſſion to the particulars contained in the Indictment, and of the grounds and reaſons thereof, and have now done it more fully in my Defences, and in my Duplies to the Replies given by my Lord Advocate thereunto, in all which I have dealt ingeniouſly, and without ſhifting, holding it the duty of a Chriſtian, eſpecially of a Miniſter of the Goſpel, in the matters of his duty and calling ſo to do; I have only now to add theſe few words.

1. That I hope I have made it ſufficiently to appear, that what I have ſpoke, or written, or acted in theſe matters, was from no malicious or ſiniſtrous intention againſt his Majeſties perſon, or his Government, but from a principle of true piety towards God, and true loyalty towards his Majeſty, as I have demonſtrated this from the tenor of my carriage and actings under the Uſurpers, ſo I have herein confidence towards God, and in the perſwaſion of the integrity of my Soul in this particular, may with a good conſcience, not only make this Declaration before your Lordſhip, but alſo hazard to ſtep into Eternity.

2. Next, my Lord, I hope I have made it to appear, that beſides the conformity that my acceſſion to theſe things have with the Word of God, ſo they have a foundation in the National Covenant, and in the Solemn League and Covenant, the obligation whereof I dare not but profeſs to own, as binding and ſtanding upon theſe Kingdomes, and that they are agreeable unto the actings of publick Authority, before the Engliſhes invading of this Nation, to the Canons of the Church, and the Laws of the Kingdome, and the publick declared judgment both of Church and State before that time: And my Lord, if this may not plead an Indempnity and Oblivion for me, but that notwithſtanding thereof I ſhall be judged a ſeditious perſon and a Traytor, not only ſhall the whole Church and Kingdome of Scotland be involved in the guilt of Sedition and Treaſon, and few or none have any ſecurity for their lives, and honours, and eſtates, further then the Kings mercy doth give them; but alſo a very dangerous foundation ſhall be laid for the time to come, for men of differing judgments, upon every emergent revolution, to proſecute the worſted party unto death, notwithſtanding that they have the publick Authority, and the Laws then ſtanding, to plead in the defence of their actings. I know my Lord, that it lyeth upon the ſpirits of ſome, as a prejudice againſt me, that I am ſuppoſed to have been a chief inſtrument, or a Ring-leader, in theſe Declarations, and Canons, and Laws, and publick actings of the Church and Kingdome, which I do now plead in my own defence: I ſhall not ſay, that this hath any riſe from any, who to lighten their own burthens, would encreaſe mine, holding that to be unworthy of any man of an ingenious ſpirit, and moſt unworthy of a Chriſtian: As I charge no man in particular with acceſſion to any of theſe things, ſo as to my ſelf, I do for the truths ſake ingenuouſly acknowledge, that throughout the whole courſe of my life I have ſtudied to be ſerious, and to deal not with a ſlack hand in what I did look upon as my duty; and yet my Lord, leſt I ſhould attribute unto my ſelf what is not due unto me, I muſt, for ſhunning of pride and vain-glory alſo ſay, that I was not honoured to be of theſe who laid the firſt foundation of the work of Reformation in this Church and Kingdome: I am not aſhamed to give glory to God in acknowledging, that until the beginning of the year 1638. I was treading other ſteps, and though God did then graciouſly recover me out of the ſnare of Prelacy, and the Ceremonies and Service-book, and a little thereafter put me into the Miniſtry, yet did I never judge my ſelf worthy to be accompted a Ring-leader in any of the ſuperſtructures of that bleſſed work, there being a good many elder for years, and more eminent for piety, and prudence, and parts, and faithfulneſs, and zeal, whom I did reverence, and gave the precedency unto in theſe things.

3. It may alſo happily my Lord be, and a little I have been informed of it, that beſides any thing contained in the Indictment, there be ſome other things that bear weight upon the ſpirits of ſome of the Members of this Houſe, from reports that have paſſed of my carriage towards his Majeſties Royal Father, and towards himſelf, and ſome others. As to theſe things, my Lord, if there be any thing of that kind, I do moſt humbly and ſeriouſly beg, and think that I may juſtly expect, both in order to Juſtice, and to the peace of their own conſciences, that ſeeing they have no proof of it, but at beſt have taken it upon information, that they would either altogether lay it aſide, and lay no weight upon it, or elſe before they give Judgment of me, they would let me know of it, and allow me a fair hearing upon it, and if I cannot vindicate my ſelf, let me bear the burdning of it.

4. In the next place, my Lord, knowing that it is wondred and offended at, not by a few of the Members of this Parliament, that I ſhould ſtand to my own juſtification in the things whereof I am challenged, and that this I looked upon as a piece of peremptory and wilful humour, which if I pleaſed, I might eaſily lay aſide. My Lord, I humbly beg ſo much charity of all who now hear me, as to think, that I have not ſo far loſt the exerciſe of all conſcience towards God, and of all reaſon towards my ſelf, and my deareſt relations in the world, as upon deliberation to hazard, if not caſt away, both my life and ſoul at once, God knows it is not humour, but conſcience that ſticks with me, and could I lay it aſide and not ſin againſt God, not diſſemble with men, by confeſſing or profeſſing what I think not, I ſhould not ſtand to the defence of any of theſe things for the minute of an hour: but my Lord, having with prayer and ſupplication unto the God of truth, ſearched the Word of God, and conſulted the judgement and practiſe of the Reformed Churches, eſpecially of our own Church, ſince the time of Reformation from Popery, and writings of many ſound and Orthodox Divines, and having frequently converſed and conferred with the godly Miniſtry and praying people of this Nation, and try the pulſe of their ſpirits anent the National Covenant, and the Solemn League and Covenant, the particulars contained in them, and ſuperſtructures that have been built upon them, anent ſin and duty, and the power of the Civil Magiſtrate in matters Spiritual and Eccleſiaſtical, I find my practiſe and profeſſion anent theſe things agreeable unto all theſe, and therefore cannot reckon my light for humour and deluſion, but muſt hold it faſt, until better guides be ſhown me to follow.

5. My Lord, I ſhall in the laſt place humbly beg, that having brought ſo pregnant and clear defences from the Word of God, ſo much divine reaſon and humane Law, and ſo much of the common practiſe of Kirk and King done in my own defence, and being already caſt out of my Miniſtry, thruſt out from my dwelling and maintenance, my ſelf and my family put to live upon the charity of others, and having now ſuffered eight moneths impriſonment, your Lordſhip would not put more burdnings upon me I ſhall conclude, my Lord, with the words of the Prophet Jeremy in a like caſe, Behold, ſaith he, I am in your hands, do with me what ſeemeth good unto you; but know ye for certain, that the Lord hath commanded me to ſpeak all theſe things, and that if you put me to death, you ſhall bring innocent blood upon your ſelves, and upon the inhabitants of this City. My Lord, my conſcience I cannot ſubmit, but this old crazy body, and mortal fleſh, I do ſubmit, to do with it whatſoever you will, whether by death or impriſonment, or baniſhment, or any thing elſe, only I beſeech you to ponder well what profit is in my blood; it is not the extinguiſhing of me, or of many others, that will extinguiſh the Covenant and work of Reformation ſince the year 1638. My blood bondage, or baniſhment, will contribute more for propagation of theſe things, then my life or liberty could do, though I ſhould live for many years. I wiſh to my Lord Commiſſioners Grace, and to all your Lordſhips, a ſpirit of judgement, and wiſdome, and underſtanding, and of the fear of the Lord, that you may judge righteous judgement, in which he may have glory, and the King honour and happin ſs, and your ſelves peace in the day of your accompts.

FINIS.