Series 1 > Journals of Sir John Lauder, Lord Fountainhall, with his observations on public affairs and other memoranda, 1665-1676

140
JOURNAL OF JOHN LAUDER
The thing that more particularly the Parliament adhered to
was his compliance wt the English and sitting in their Parlia¬
ments. But that this was not treason, and consequently not
capable to take his life, they labor to prove by sundry par¬
ticulars, first that the Lawyers themselfes (who best of any
should know what treason is) complied, yea swore fidelity,
to that government. They instance to his odium Sir John
Fletcher, then Kings Advocate. 2dly, He was not guilty of
compliance alon. Many members of Parliament sitting their
to judge him war conscii criminis. 3dly, If compliance was
treasonable and capable enough to put him to death, whey
ware they so anxious to find out other grounds against him
wheiron they might walk ? 41y, Whey was never on save this
nobleman not so much as empanelled for this fault, much
lesse put to death? Whow came it to passe that William
Purves, who by complying had almost occasioned ruine to
many noblemen, boroughs, and gentlemen, was absolved by a
act of Parliament ? Then their was never act of Parliament,
nether any municipal Law, condemning necessesary compliance
for life and liberty wt a conqueror, and for the good of the
country conquered, as treasonable. Their was never a practick
or prcejudicium in Scotland for it since it was a Kingdome.
Bruce did never so much as quaestion his nobility that in
Balliols tyme had complied wt Edward of England. Nixt
the Royalists say conquaest is a just title to a croune. So
Baleus1 in his Sacro-sancta Regum Maiestas, cap. 17; but so
be Cromwell conquered our country, ergo, he was our lawful J
governour and had just title to our croune. If so, whow
could compliance and passive obedience to such a on be
treason ? In this he triumphs so, that he addes, let al the
Royalists answer to this wtout contradicting themselfes if
they can. No definition out of the civil Law can be brought
of treason which wil comprehend necessary compliance; ergo,
its no treasonable. Finally, we sie compliance to be the
practise of all conquered nations, yet upon the alteration of
government no body condemned for it.
In the end they appeal to al governours of states, Lawyers,
1 John Bale, Bishop of Ossory, died 1563.