MY Lord Chancellor, Before I speak any thing, I shall humbly protest my words may not be wrested, but that I may have Charity to be be­lieved; and I shall with God's assistance, speak truth from my heart.

I shall, my Lord, resume Mephibosheths answer to David, (after a great Rebellion, and himself evil reported of) saith he, 2 Sam. 19.30. Yea, let him take all, for as much as my Lord the King is come home again in peace in­to his own house; So say I, since it has pleased God Almighty graciously to return his Sacred Majesty to the Royal Exercise of his Government over these Nations, to which he has undoubted Right, and was most unjustly and vio­lently thrust therefrom by the late tyrannizing Usurpers.

It is, my Lord, exceeding matter of joy to us all, that that Iron-yoke of Usurpation (under which we have these many years sadly groaned) is now broke, and with much freedom this High and Honourable Court of Parlia­ment are meeting together, under the refreshing warm Beams of his Majesties Royal Government, (so much longed for by our almost starved expectations;) and I do earnestly wish his Royal Presence upon his Royal Throne amongst us; but since at this time that great happiness cannot probably be expected, I am glad that his Majesties Prudence has singled out such a qualified and wor­thy person as my Lord Commissioner his Grace to represent himself, whose unspotted Loyalty to his Majesty we can all witness.

I cannot, my Lord, but acknowledge, that these two grand Mercies, which comfortably attends my present condition; one is, The high thoughts I de­servedly entertain of that transcendent and Princely clemency wherewith his Sacred Majesty is so admirably delighted, abundantly evidenced by many [Page 2]noted and signal testimonies in all the steps of his Majesties carriage; as those most gracious Letters, Declarations, and that free and most ample Act of In­demnity, granted to all his Majesties Subjects, (excepting some of the imme­diat Murderers of his Royal Father) to eradicate any timorous Jealousies of his Majesties gracious Pardon (which might haply arise by serious reflect­ings) convincing them forceably of their own miscarriages in these unhappy times of distraction: The effects, my Lord, of which Princely deportment, I am confidently hopeful, his Majesty has experimentally, and shall find, prove one effectual Cement to concilliate the most antimonarchick and dis­affected persons [excepting some of those barbarous Phanaticks] in all his Majesties Dominions, most willingly to the subjection of his Majesties Royal Scepter; and with a perfect hatred abominate all disloyal Practices in them­selves or others, in all time coming.

The second is, my Lord, When I consider that my Judges are not such as we had of late, [Strangers,] but my own Countrymen; both which jointly [together with the real sense and solid convictions I have of my innocency of these calumnies most unjustly charged upon me] encourages my hopes the rather, to expect such dealing, as will most sympathize with that clement hu­mour [to which his Sacred Majesty hath such a natural propensity] and such equal administration of Justice [void of all byassing prejudices] as will be most suitable to such a high and honourable Meeting.

I shall therefore, my Lord, desire to use Paul's answer for himself, being accused of his Countrymen, may not be mistaken, he having a learned Orator Tertullus accusing him, Acts 24.14, 15, 16. as I have my Lord Advocat; Paul's was Heresie, mine of another nature; but I must say with him, That the things they alledge against me cannot be proved; but this I confess, in the way allowed by solemn Oaths and Covenants, I have served God, my King, and Country [as he said] which they themselves also allow.

I shall, my Lord, remember [not with repining, but for information] my hard usage, never having had my Hearing, nor allowance of Pen, Ink, nor Paper, nor the comfort of seeing my Friends freely, until I received this Sum­mons, which was in effect a Load above a Burden; Enemies, both Scots and English, out of Malice calumniating me for all the same things, excepting what relates to his Majesties most Royal Father of ever glorious memory.

Therefore, my Lord, I beg charity and patient hearing, not doubting but the wisdom and goodness of the Parliament will be so favourable, and not as the inconsiderate multitude [as a learned and able manSir Walter Ra­leighs Preface to to the History of the World. writes, says he,] As we see in experience, That Dogs they always bark at them they know not; and that it is their nature, to accompany one another in those clamours; so it is with the inconsiderate multitude, who wanting that vertue which we call honesty in all men; and that special gift of God [which we call charity in Christian men] condemn with­out hearing, and wound without offence given, led thereunto by uncertain report only; which his Majesty King James only acknowledges to be the Fa­ther of Lies: I shall not desire to be in the least mistaken by any that hear me: But sure I am, it is pertinently applicable to my case.

[Page 3] I intreat your Lordship likewise to consider the words of another notable man,Speed in his History. who says, As the tongues of Pa­rasites are ill Ballances to weigh the Vertues of Princes and great Men, so neither should theirs, nor other mens ble­mishes be looked upon as they are drawn with the deformed Pencil of Envy or Rancour; which do always attend Eminency, whether in place or vertue. I shall not, my Lord, be so presumptuous as to arrogate any thing to my self in this, only I want not the two Companions; for I am but a weak man, sub­ject to many failings and infirmities, [whereof I do not purge my self] for as we must confess to God Almighty, Psal. 130.3. if he should mark iniquity, who can stand? Neither shall I say, That there cannot a Hole be discovered [as the Proverb is] in my Coat; and it cannot but be so with any, specially such as have labour'd in such times business; but I bless the Lord, that in these things which have been, and are here cast upon me, I am able to make the fals­hood and misconstruction of them palpably appear.

My Lord, before I mention any thing in particular, I must shew this honou­rable Meeting of Parliament, and all that hear me, [who doubltess have vari­ous apprehensions of my being present in this condition,] that I am here ra­ther as my misfortune, nor my injury; wherein I desire to explain the diffe­rence, as Plato and Aristotle does very well; calling injuries such things as are done purposely with a wicked mind; and misfortunes, such things as are done with a good mind, though the events prove bad, yet we could not fore­see them.

So, My Lord, I shall take God to record (who must judge me one day) upon my Conscience, That what I did, flowed not from any injurious principle to any, though I acknowledge the events were not still so succes­full (which was my misfortune) indeed; but it has been my Lot often in these times, wherein I and many others have been inevitably involved, to be by the malicious tongues of my calumniating enemies, misconstructed for the worst; yea, even in many things that the Lord was pleased to make succesfull: for the truth of this, I may, I hope, safely appeal to many in this Honourable House, who can abundantly witness my faithfull and Loyal En­deavours for both my King and Native Country: whereof I should be very spa­ring to be an Herauld my self, were not the contrary so impudently affirmed. There are five main calumnies that I desire, my Lord, to satisfie all that hear me a little in; to the end that the rest of less moment may be likewise in its own due time heard afterward abstract more from personal prejudice.

The first Calumny is, my Lord, concerning that horrid and unparrallel'd Murder of his late Royal Majesty of eternally blessed Memory; I do here publickly declare, that I neither desire, nor deserve the least countenance or favour, if I was either accessory to it, or on the counsel or knowledge of it; which to make clearly appear, is under Oath of the Parliament Books 1649, whereof I was the first starter my self, to the intent we might both vindicate ourselves, and endeavour a discovery, if any amongst us had any accessi­on to that horrid and Villanous Crime; as also in my latter Will which I made going to England, in anno 1655 or 1656, fearing what possibly might hereafter be obtruded by any upon me or my Family upon that account, I set it down to clear my posterity, That I was altogether free of that detestable and execrable Crime, or of any prejudice to his Majesty, in either person or Government: I left this with a very worthy Gentleman, I believe well known [Page 4]to your Lordship, and never saw it since, so your Lordship may be pleased if you will to call for it and try the truth; whatsoever other thing may be in it, I hope, my Lord, this opportunity is a mercy to me, to have that vile ca­lumny amongst many others against me to be cleared.

And, my Lord, to make this particular yet more evident, I did still, and do positively assert, that I never saw that monstruous Usurper, Oliver Cromwel, in the face, nor ever had the least correspondence with him, or any of that Sectarian Army, untill the Commands of the Committee of Estates sent me, with some other Noblemen and Gentlemen to the Border, in anno 1648, to stop his march into Scotland after those who retired from Preston fight; neither after he left the Border in the year 1648, did I ever correspond with him, or any of that Sectarian Army, so unsatisfied was I with their way, after the wicked and sinistrous courses he and they were upon afforded evident presumptions for us to apprehend, that he and they intended prejudice to his Royal Majesty; only one letter I received from Sir Atrhur Hesilrig, to which I returned answer, That he might spare his pains in writing to me, for I blessed the Lord who taught me by his Word, To fear God and honour the King, and not to meddle with them that were given to change; though Sir Arthur be now dead, yet he acknowledged to several in the Tower, that he still had my Letter: and when I was there, I often desired he might be posed and ex­amined about it; which I can presently instruct. And during, my Lord, my being in England neither in London nor Newcastle in anno 1647. There was not any thing so much as mentioned concerning his late Majesties person; all that ever I heard of, was in publick Parliament 1647. The Commissioners papers at London, and the Committee Books at Newcastle will clear this fully.

The second calumny is anent the inhumane Murder of Duke James Ha­milton: My Lord, it's well known my great respect to that truly Noble and Worthy person, whereof (upon all occasions) I gave ample testimonies, and can yet convince any of his friends with the reality of it; and evidenced my true sorrow for the wicked cruelty committed upon him; But indeed I can­not deny I refused to complement Cromwell on his behalf, he having, my Lord, been immediatly preceeding, so instrumental, and so very active in that most horrid and lamentable Murder of his late Sacred Majesty, and if I had done otherwise, undoubtedly it had been a more black Article in that Lybel now read, than any that is in it.

The third Calumny is, That which breeds a great part of these groundless Clamours (tho it be not in the Indictment) is my Lord Marquis of Huntly's death; wherein I may truly say, I was as earnest to preserve him, as possibly I could, (which is very well known to many in this Honourable House) and my not prevailing, may sufficiently evidence I had not so great 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 anything 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 [Page 5]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 sofar 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 know to all, proved very obnoxious to the Kingdom thereafter.

The fifth Calumny is concerning my dealing with the English after Worcester sight; 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 caused immediatly publish, as a very notable Discovery, in their news Books; which occasioned two sad disad van­tages 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 [Page 6]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 like wise 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 providenti­al care for us his Majesties Subjects, in preserving such a rich Blessing as his Sa­cred Majesty (in whom the Happiness of these Nations is wrapt up) under the safe Wings of his Divine Protection, I may say,Psal: 56.2. even when the extravagant malice of men would have swallowed him up.

THere is one thing that had almost escaped me, anent that opposition at Stirling, 1948. That my Lord Advocate was speaking of, That it may not stick with any of this honourable meeting, I shall ingenu­ously declare, that after the Defeat at Prestoun, I was desired to come and meet with the Committee of Estates (meaning those who were in the then Engagement) And being come with some of my Friends to Stirling, fearing no harm, and suspecting nothing, I was Invaded by Sir George Moure, where several of my Friends were killed, and my self hardly escaped, which is all that can be said I acted in Arms as many here knows.

My Lord, Not that I am any ways diffident; but I shall in due time clear every particular of that Libel; Yet I am not a little troubled that some who have heard the Calumnies therein; may let them have such an impression (be­ing asserted with such confidence) as to conceal a possibility, if not a proba­bility of their being true; I shall therefore desire so much Charity from this honourable Meeting, that there be no hard thoughts entertained till I be fully heard.

MY Lord Chancellor, This Business is of very great concernment to me, and not small in the preparative 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 sew words without-prejudice or misconstruction, which any thing I can say is often obnoxious to.

I shall my Lord begin with the Words of that Godly King, Jehosaphat that good King of Judah, (after he was come back in peace to Jerusalem) in his Instructions to his Judges, he desires them to take heed what they do, for they judge not for Men, but for the LORD, who is with them in the Judgement.

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 these 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 Grounds, and what some have Suffered but not what they have deserved.—Therefore I desire your Lordships Charity, until 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 more certainty in the Mathematicks than Morals, for as Gro­tius has it, the Mathematicks separates Forms from Matters, as 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 [Page 9]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 setters 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 [Page 10]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 Ʋnity amongst themselves under his Majesties Protections; 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.

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.