Edinburgh at the Parliament-House 13 February 1661, Proceedings 2
Edinburh, March 5. 1661. At the parliament Houſe.
The Marquiſs of Argyle being called in, gave in a Bill containing ſeveral weighty Reaſons, deſiring a continuation till the Meeting of Parliament to Morrow. His Lordſhip being removed, after a long Debate, it was carried againſt him by two or three Votes; and his Lordſhip being called in, my Lord Chancellor told him it was refuſed, and ordered his Lordſhip to produce his Defences, whereupon he ſpoke as followeth;
May it pleaſe your Grace,
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 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 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.
— 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 Majeſty, and your Grace, my Lord Commiſſioner in his Majeſties Name.
End of the text · Archibald Argyll, Edinburgh at the Parliament-House 13 February 1661 (1661)