: King's Advocate occafioned any Man's Death. Sir George might here likewise represent, That in the Rebellion against K. Ch. I. many Noblemen and Gentlemen were pursued for rifing in Arms by that fame King's Commiffion by whofe Authority their Judges did fit; and yet none of the Advocates of thefe Times were ever quarrell'd with or mif-reprefented for debating even against their Mafter's Commiffion and Remiffion, as will appear by the Proceffes of Haddo, Prefident Spotfwood, Marques of Huntley, Montrofe, and Hundreds of other Gentlemen,but Sir Geo. needs juftifie himself by no fuch Precedents. In the Third place, Sir George Mackenzie may answerably urge, That no Man, who endeavoured fo to leffen the Power of the King's Advocates by Acts of Parliament and Regulations, can be thought to have had any Inclinations to ftretch it; as alfo he may value himself for refusing to accept the King's Advocates's Place, till his Predeceffor refign'd it under his Hand; that he never informed against any Man, nor fuggefted any Purfuit; that when a Pursuit was motioned, he pleaded as much in Private for the Defendant, if the Cafe was dubious, as any of his Advocates did thereafter in the Process; nor did he ever fhew any Vehemence in the Process, except when he was jealous'd of Friendship to the Defendant, or of Love to Popularity, because he had fo pleaded in Private: And no Age did ever see so many Thousands pardoned, nor fo many Indemnities granted, as was in his Time, which as it must be principally afcribed to the extraordinary Clemency of the Kings he ferved, fo it may be in fome Meafure imputed to the natural Byafs which Sir George had to the merciful Hand. There is great Reafon to believe that poor People are only misled by Mif-informations, fince fome in their Pamphlets clamour against the Advocate for threatning the Fury with a Procefs of Error, whereas all that he does is to proteft for a Process of Error, which is a Duty impofed upon him by our Law. They accufe him alfo for having occafioned great Expences to the Country, for keeping Witneffes unexamined, whereas it appears fully from our Statutes and Practice that the Examination of Witnesses is no Part of his Duty, for the Solitor presents them, and the Judges only can examine them. t The Bulk of all the Proceffes raised in K. Charles II. and K. James VII's Reigns, were against fuch as rofe in actual Rebellion at Pentland-hills, Bothwel-Bridge, and Argile's Invafion; the firft were purfued by Sir John Nisbet, one of the belt Lawyers and CountryMen that ever pleaded; and Sir George Mackenzie did but copy his Libels in purfuing Men in the other Two Rebellions, Thefe Indictments were founded upon the Laws of all Nations, and particularly of Scotland, declaring that Subjects taking Arms against the King and his Authority were Traytors. All the Nobility and Gentry, almost all who are in the prefent Government rofe against them with their Swords in their Hands, and fo were more guilty (if that must be called Guilt) than any Judge; these Proceedings were juftified by many Parliaments, and all the Judicatures and EngLand ftill continues to think that Monmouth's Invafion was a Rebellion; fo that the fucceeding King's Advocates could not be blamed for pleading in Defence of what others fought for, and judged. There were other Two Claffes of Men profecuted in those times, the one was of the Murderers of the Arch-Bishop of St. Andrew's, the other was of such as, in publick Rendezvous of Rebellion, as at Sanquhar, wherein they declared K. Ch. II. to have forfeited his Right to the Crown, because he had broken the Covenant, which was the Fundamental Contract betwixt God, the King, and the People, and therefore they declared War against him, and that it was lawful to kill all who ferved him. Now it is left to any indifferent Reader to judge whether there needed any Eloquence to prevail with Judges or Jurors to condemn fuch Rebels. But to fhew the Clemency of the Government, Strangers would be pleased to confider that tho' above 20000 had been guilty of publick Rebellion, yet 200 died not by the Criminal Court, and above 150 of thefe might have faved their Lives, by faying God bless the King; not that the refufing to fay this was made a Crime (as is villainously reprefented) but that this eafie Defence was allowed under this Gentle King, whofe Clemency we wish may be imitated by thofe who cry fo much out against his Cruelty; and amongst the many Thousands that rofe with Argyle, only Two notorious Rebels * Vid. Cargil's Covenant aud Sanchar-Declaration. were were pitched upon by the Criminal Court to die for the Example and Terror of others. And I may safely fay, that there died not Six in all the Time that Sir George was Advocate, except for being in actual Rebellion, and for being guilty of Affaffination clearly proved; nor did the Earl of Argile himself die till he had actually invaded his native Country: Nor George Lermonth, till it was proved, that (tho' he wanted Arms) yet he commanded those who were in Arms to fall upon the King's Soldiers, and fo they were killed by his Command. And what Eloquence is requifite to perfwade Judges or Juries to condemn in fuch Crimes? TO THE READER. WHEN we inform Strangers of the Seditious Principles of the Scotch Presbyterians, they are juftly furprised that fuch Villanies can be practifed, where Humanity and Chriftianity are not openly and plainly renounced, and therefore fome of their own Authentick Papers are bere fubjoined, which contain the natural Confequences of their Covenant and Principles, by which me leave the World to judge whether Sir George Mackenzie has not treated them with all Modefty and Tenderness, and whether any Form of Government can possibly subfift,where fuch wicked and pernicious Fooleries are propagated. THE |