THAT for as much as the Petiti­oner can with a safe conscience affirm, and solemnly protest, that what-ever his actings or accessi­on has been in relation to pub­lick business since the beginning of the troubles, till his Majesties departure hence in the year 1651. though he will not purge himself of errors, failings, and mistakes, both in judgement and practice incident to humane frailty, and common to him, if not with the whole, at least with the greatest part of the Nation; yet in one thing, though he were to die, he would still avouch and retain his innocency, that he never intended any thing treasonably, out of any pernicious design against his Majesties late Royal Father of ever glorious memory, or his present Majesty, (whom God may long preserve) their Per­sons or Government; but endeavoured al­waies to his uttermost for setling the differen­ces betwixt their Majesties and the people: And as to any actings before the year 1641. [Page] or from the said year, till his Majesties being in the Parliament at Perth and Sterling, your Petitioner did with a full assurance rely upon his gracious Majesty, and his Royal Father, their Treaties, Approbation, Oblivion, and Indempnity for what was past, and firmly be­lieved lieved that the same should never have risen in judgement, or that the Petitioner should have been drawn in question therefore; and during his Majesties absence, and being forced from the exercise of his Royal Government by the late Usurpers, and long after that the Nation by their Deputies had accepted of their au­thority and government, and they in possessi­on, the Petitioner was forced to capitulation with them, being in their hands, and under sickness, and the same was after all endeavours used, according to the duty of a good subject, and upon the Petitioners part, so innocent and necessary for self preservation, without the least intention, action, or effect to his Majesties prejudice; That albeit upon mis-information (as the Petitioner humbly conceives) his act­ings and complyance both in their designs and quality have been mis-represented, as particu­larly singular and personal, stating the Petitio­ner in a degree of guilt beyond others, and incapable of pardon, the same have so far pre­vailed upon his Majesty, as to cloud and damp the propitious and comfortable rayes of his Royal Grace and Favour, and have strained his gracious Inclination beyond its natural [Page] disposition of clemency exprest to his other subjects, to commit the Petitioners person, and give way to the tryal of his carriage and act­ings; yet so firmly rooted is the Petitioners perswasion of his Majesties Justice and Cle­mency, and that He intends the reclaiming, and not the ruine of the meanest of his subjects, who retein their loyalty, duty, and good affe­ction to his Person and Government, that upon true and right representation of the Petitio­ners carriage and actings, he shall be able to vindicate himself of these aspersions, and shall give his Majesty satisfaction, at least so far, to extenuate his guilt, as may render him a fit ob­ject of that Royal Clemency, which is of that depth, that having swallowed and past by not only Personal, but National guiltiness, of much more deep a dye as any the Petitioner can be charged with, or made out against him; and so will not strain to pass by and pardon the faults and failings of a person who never acted but in a publick joynt way, without any sini­strous or treasonable defigne against his Maje­sty, or his Royal Father, and against which he can defend himself either by acts of approbati­on and oblivion in verbo principis, which he conceives to be the supreme, sacred, and invio­lable security, or which he was forced to much against his inclination, by an insuperable neces­sity. And albeit his Majesties grace and favour is strictly tyed to no other rule but his Royal Will and pleasure, yet his Majesties so innate, [Page 60] essential and inseperable a quality of his Roy­al nature, that the Petitioner is perswaded in all humane certainty, that the leaving and committing to his Parliament (as is exprest in his Majesties Declaration of Octob. 12. last by past) the trying and judging of the carriage of his subjects during the late troubles, as indeed it is in its own nature, and ought to be so acce­pted of all, as an undoubted evidence of his Majesties affection to, and confidence in his people; so no other tryal or judging is therein meaned, but a fair, just, legal, and usual tryal, without any prejudice, passion, or prelimitati­on, or precipitation; like as by the said Decla­ration there was a freedom for all the people interessed, to make their application to the Parliament, or in the mean time to the Com­mittee, from whom only his Majesty is pleased to declare he would receive address & infor­mation: And seeing it was the Petitioners misfortune during the sitting of the said Com­mittee, to be prisoner in England, whereas if he had been prisoner here in Scotland, he would have made application to them, and would have craved, and in justice expected that pre­cognition might have been taken by them, to whom the preparing and ordering of that af­fair (to wit, anent the tryal of the subjects car­riage during the troubles) was recommended, that the Petitioners absence, which was his punishment, not his fault, may not be prejudi­cial, seeing the Petitioner has lately received [Page 56] two several ditays wherein there be many crimes grosly false, with all the aspersions and aggravations imaginable laid to his charge, importing no less then the loss of his life, fame, and estate, and the ruine of him and his poste­rity, which he is confident is not intended by his Majesty; and that by the law and practise of this Kingdom, consonant to all reason and equity, the Petitioner ought to have upon his desire a precognition for taking the deposition of certain persons, which being frequently and usually practised in this Country, when any person is defamed for any crime, and therefore incarcerate before he was brought to a tryal, at his desire precognition was taken in all bu­siness relating thereto, which the Petitioner in all humility conceives ought much more not to be denied to him, not only by reason of respect to his quality, and of the importance and consequence thereof to all his Majesties subjects of all quality in all time coming, but also, in regard it has been so meaned and in­tended by his Majesties Declaration foresaid, like as the manner of the crimes objected being actings in times of wars and troubles, the guilt thereof was not personal and particular, but rather National and universal, and vailed and covered with acts of indempnity and oblivion, and so tender and ticklish, that if duly pon­dered after a hearing allowed to the Petitio­ner, in prudency and policy will not be found expedient to be tossed in publick, or touched [Page] with every hand, but rather to be precogno­sced upon by some wise, sober, noble, and ju­dicious persons, for their and several others reasons in the paper hereto annexed; nor does the Petitioner desire the same animo pro te­landi, nor needs the same breed any longer delay, nor is it sought without an end of zeal to his Majesties power, and vindication of the Petitioners innocency, as to many particulars wherewith he is aspersed; and it would be seriously pondered that seeing Cunctatio nulla longa ubi agitur de vita hominis, far less can this small delay, which is usual, and in this case most expedient, if not absolutely necessary, be refused, ubi agitur non solum de vita, sed de fama, and of all worldly interests that can be dear or of value to any man.

Ʋpon Consideration of the Premises, it is humbly craved, That your Grace, and the Honourable Estates of Parliament, may grant the Petitioners desire, and to give Warrant to cite persons to De­pone before your Grace, and the Estates of Parlia­ment, upon such interrogators as your Petitioner shall give in, for clearing of several things con­cerning his intention and loyalty during the Trou­bles; And for such as are out of the Country, and Strangers, residentars in England, Commissions may be directed to such as your Grace and the Par­liament shall think fit, to take their Depositions up­on Oath, and to return the same;

And your Petitioner shall ever pray, &c.