divine love and favour, than at this very the greatest composure and cheertime, when in that outward confusion: and fulness. when called in, received his sentence with of parliament, against such as unlawfully convocate his majesty's free lieges. Nevertheless it is of verity, that you the said Mr. James Guthrie, having faid aside all fear of God, loyalty to his majesty your sovereign lord and king, natural duty and affection to your country and countrymen, respect and obedience to the laws of all well governed realms, the common law, and the laws, statutes, acts of parliament, and practick of this his majesty's ancient kingdom, and having seditiously and traitorously intended and purposed the eradicating and subverting the fundamental government of this his majesty's ancient kingdom, at least the enervating, violating, derogating, or impairing the sovereign authority, royal prerogative, and privilege of his majesty's crown, did, for raising division amongst his subjects, and sedition against his majesty's person, dignity, authority, and privilege of his crown, and, so far as in you lay, the alienating of the affections, and brangling the loyalty and allegiance of his majesty's people, to the great encouragement and advancement of the designs and attempts of that bloody usurper, Oliver Cromwell, and bringing of his majesty, and his ancient and your native country in subjection and bondage under him, contrive, complot, counsel, consult, draw up, frame, invent, spread abroad, or disperse, speak, preach, declaim, or utter divers and sundry vile, seditious, and treasonable remonstrances, declarations, petitions, instructions, letters, speeches, preachings, declamations, and other expressions tending to the vilifying and contemning, slander and reproach of his majesty, his progenitors, his person, majesty, dignity, authority, prerogative royal, and government, not only within this his ancient kingdom of Scotland, but also in his majesty's kingdoms of England and Ireland; at least did hear and conceal, and not reveal the same to his majesty, nor to any of his judges or officers, mentioned in the said acts of parliament; at least did aid and abet, or was art and part thereof, or of one or other of them, in so far as, after the cruel bloody usurper, Oliver Cromwell, and his accomplices, had most barbarously and cruelly murdered his majesty's royal father, of ever blessed memory, their dread sovereign and lord, and his majesty's arrival to this his ancient kingdom from foreign parts, after a most tedious and dangerous voyage at sea, and after that treacherous usurper, in pursuance of his horrid and treasonable designs, for hindering his majesty to inherit that his just and lawful right to the crown of the said kingdom, had, with an army of sectaries, invaded the same; and that God Almighty had been pleased to blast and frustrate his majesty's first endeavours for opposing his said treasonable invasion, by suffering bis majesty's armies to fall and flee before him at Dunbar, upon the 3d day of September, 1650 years. First, you immediately thereafter did compile and draw up a paper, commonly called the "Remonstrance," and presented, or caused present the same to his majesty's committee of estates at Perth, upon the 22d day of October, wherein most treasonably you utter and belch forth a great many damnable and execrable leasings, slanders, and reproaches against his 1661. The iniquity of this sentence appears fully majesty's dearest father, of eternal memory, and others his majesty's noble progenitors, their persons, majesty, dignity, authority, and government: and also, you not only disclaim his majesty's authority over you, and disown him in ' the exercise of his royal power and government, in the right whereof his majesty and his predecessors were invested by God, and in possession by a series of one hundred and eight progenitors; but also most treasonably reproach others, his majesty's good subjects, for doing the same, and most impiously held forth, that the main and great cause of the sufferings of his majesty's people, under the tyranny and oppression of the bloody usurper, is the owning of his majesty's interest in this his ancient kingdom, and the purpose of restoring his majesty to his throne and government of his kingdom of England, from which most wretchedly and godlessly you aver, that his majesty was most justly removed; wherein also are many more bitter and ignominious reflections, seditious, treacherous, and treasonable expressions, tending to the contempt and disdain, slander and reproach of his majesty, his progenitors in his person, majesty, dignity, authority, and government, as at more length is contained in the said malicious paper, and which is here repeated, as a part of the libel, brevitatis causa. Secondly, After it had pleased God to suffer the said bloody enemies and murderers of his majesty's royal father so far to prevail as to avoid their fury and cruelty, his majesty was necessitate to withdraw himself from his dominions, and live in foreign parts, under great difficulty and hardships, (which low condition of his majesty's, might have calmed and quieted the wicked and malicious spirits of his majesty's rebellious subjects, at least their venomous and viperous tongues and pens) not the less the bitterness and insatiable malice of you the said Mr. James Guthrie, was such, that not satisfied with the injuries committed by you against his majesty's person, dignity and authority, expressed in the foresaid paper of remonstrance, you did contrive, write, compile, and that it might be the more public, and follow his majesty beyond seas, and defame and bring him in contempt with foreign princes and states, caused print, in anno 1653 years, a seditions pamphlet, called "The Causes of God's Wrath," not only containing all the former injurious, wicked, and seditious reflections and expressions, fully set down in the foresaid papers, formerly condemned by act of parliament, and expressly relative thereto, but also many more malicious, ignominious, dishonourable, and treasonable passages, at length set down in the said pamphlet, and specially in the fifth and sixth articles thereof, and enlargements in the said articles. which is repeated as a part of the libel, and which being considered by the said committee of estates, they have found the same, by their act of the date the 19th day of September, 1660 years, of so high and treasonable a nature, and that it deserves publicly to be burned with the hand of the hangman, and the havers and users thereof hereafter to be punished, in manner as at more length is expressed in the said act. Thirdly, God, in his great mercy to his majesty and his 1661. from Mr. Guthrie's own speeches | time, though not unto blood, the author of already inserted, and is very well the Apologetical Narration, in his fifth secdiscovered by a fellow-sufferer of his at this tion. Mr. Guthrie was undoubtedly one of oppressed kingdoms, having wonderfully, contrary, and in despite of all the wicked, damnable, and treasonable practices and machinations of you and your accomplices, restored his majesty again to his just and lawful inheritance, as to the exercise of his regal power and authority in all his dominions, in peaceable manner, which so wonderful and immediate acting of divine providence might have justly quieted the spirits of all his majesty's enemies, and have made them acknowledge the sinfulness of their former ways and courses, and that God was displeased therewith, and that they had highly provoked him thereby, and have made them walk more answerable to such deliverances and mercies, and have behaved themselves more dutifully and obediently to his majesty: yet the evil spirit wherewith they are possessed, prevails so in them, that the more they see of the Lord's appearances, the more they are hardened in their former wicked, malicious, and treasonable designs and attempts; and therefore knowing, that without great hazard to themselves, (now when the Lord has returned the hearts and affections of his majesty's good subjects to him) they durst not so openly and avowedly act, speak, or write against his majesty, his authority or government, or any ways meddle in the government, affairs, or estate of either his majesty's kingdoms, as formerly they have done, and as is more fully expressed in the above written article; you, in a most subtile and covered manner, under the pretext and cover of piety, loyalty, and zeal for religion, with many insinuating expressions of your joy and gladness for his majesty's restoration, and your good wishes for him in time coming, did, by way and in the dress and garb of an humble petition to his majesty, not only most wickedly calumniate, traduce, and asperse his majesty with dissimulation and perjury, but also most unwarrantably, seditiously, and treasonably reflect upon his majesty, and the lawful government and order of his church and estate of England and Ireland, and of his majesty's chapel and family, and calling him to alter and invert the same, and most grossly encroach upon his majesty, his authority and prerogative, in meddling with his majesty's affairs, and filling of all places of power and trust under his majesty, contrary to the foresaid laws and acts cf parliament, as is more fully expressed in the said pretended petition, which is here repeated, brevitatis causa, as a part of the libel. Fourthly, Not only did you and your accomplices convocate yourselves, but also by missive letters, commissions, and instructions drawn up by you at the same time, you did frame the foresaid pretended petition, did presume and take upon you to convocate and convene his majesty's subjects and lieges, whereby it is evident that you have not only contravened his majesty's foresaid acts of parliament, made against unlawful convocations of his majesty's lieges, but that your only purpose and intent in contriving the slanderous and infamous pretended petition, was to publish and disperse the same, thereby to Sow sedition amongst his majesty's subjects, and, so far as in you lay, to render his majesty and government hateful and contemptible to them, as if his majesty intended to subvert the true Protestant religion, and bring in popery and idolatry amongst them. Fifthly, You, the said Mr. James Guthrie, being convened before his majesty and committee of estates at Perth, to answer for some seditious and unwarrantable speeches uttered by you in your sermons, at Stirling, and otherways, against his majesty, his authority and laws, and having appeared, you most contemptuously, disobediently, and treacherously did disclaim and decline his majesty and his authority, and did protest for remede of law against his majesty, for a pretended_gravamen, as you term it, in convening you before his majesty, and confining you, as the same had been contrary to the laws of God, of nature, and the laws of the land, the right and privilege of his majesty's subjects, as is more fully contained in two protestations given in and subscribed by you, dated in February, 1651 years, which are here also repeated as a part of the libel, brevitatis causa. And further, you, the said Mr. James, are indicted and accused for having, in Stirling, at a meeting with certain ministers and ruling elders, in anno 1650, or 1651, most treasonably moved, and offered as your judgment, that his majesty should not only be debarred the exercise of his royal power, but that his person might be secured and imprisoned within the castle of Stirling; and in answer was made thereto by some of the said number, "that they might as well proceed to the taking of his life as the imprisoning of his person:" you did reply, "it was not yet seasonable, nor time to speak to that, but that it was necessary to do the one before the other." By all which particulars respective above expressed, it is clearly evinced, that you were author, contriver, deviser, consulter, adviser, or art and part of the foresaid crimes of treason, and others respective above libelled, or one or other of them, in manner above declared, and thereby has incurred the pains and punishment of high treason, and others contained in the laws and acts of parliament, which might and should be inflicted upon you with all rigour, in example to others in all time coming. Edinburgh, 7th February, 1661. The lords of the articles having heard, seen, and considered the above written indictment of treason, do appoint the same to be given up to Mr. James Guthrie, to be seen by him, and to answer against Tuesday, the 19th of this instant. GLENCAIRN, Cancellarius, I. P. D. Art. Mr. James Guthrie's Defences. Whereas Mr. James Guthrie is indicted before my lord commissioner his grace, and the three estates of parliament, upon sundry particulars alleged to be seditious and treasonable; he is glad, that through the holy and good providence of God, it is his lot to plead his cause not before strangers, usurpers, who, as they were not acquainted with the doctrine and laws, and the estate of the affairs of this church and kingdom, so have they not just title or claim to exercise any power or jurisdiction in or over the same, but the most eminent of the ministers of the church at this time, and of the protesting way; and all of that set were now hated and before an honourable court of parliament of his own nation, well acquainted with the laws of this kingdom, and bred up in the doctrine and profession of the church, and called and countenanced by his majesty, whose native and just title to the crown of these kingdoms, as he did ever acknowledge, so doth he bless God for the preservation of his person, and for removing out of the way these usurping powers that hindered the exercise of his government, and prays that his throne may be established in righteousness over these nations, that the Lord's people under him may live a quiet and peaceable life, in all godliness and honesty. The defender is glad also, that among the laws mentioned in the proposition of his indictment, the law of God is set in the first room, that being the sovereign and supreme law which is the fountain and source of all other laws, according to which they are to be squared, and there being an express act of parliament, James VI. parliament 1st, cap. 3d, whereby all laws and statutes made against God's holy word, are declared to be void and null in themselves; a law well beseeming, and most worthy of a christian king and kingdom: therefore, the defender doth humbly expect that judgment shall be given of him, and of his proceedings by this law, especially as by that which is most perfect and absolute, and, in confidence hereof, comes to his defences. persecuted to satisfy Mr. Sharp's 1661. But so it is, this libel is indistinct and obscure, in so far as in the proposition there are several different acts of parliament libelled upon, made upon facts of divers natures, and containing divers pains; and in the subsumption different facts and alleged crimes falling under the compass of one and the same law, ought, as the defender humbly conceives, to have been libelled and subsumed immediately after the same, whereby the defender might have known for contravention of what law by every fact he was convened, whereanent he is left now in an uncertainty, and therefore the libel herein is uncertain and obscure, and there can be no process thereupon. And Tertio. As to the first part of the proposition of the libel, founded upon the act 1, parliament 18, James VI. there is no such act as is libelled, for it is libelled otherwise than it bears, against act 107, parliament 7, James I. whereby it is forbidden that any man interpret his majesty's statutes otherwise than the statutes bear; but so it is, that statute, act 1, parliament 18, aforesaid, bears no pain at all, let be the pain of treason, and forfeiture of honour, life, lands, and goods, and therefore there can be no process of treason thereupon founded to infer any pain, far less the pain of treason, seeing it bears no pain, as said is, which is confirmed. 2do. Because there can be no process of treason, but upon particular acts And alleges, first, that there can be no process of parliament, made under the pain of treason upon this libel, till the act of the committee of against disobeyers and contraveners, by the exestates, of the date 25th of November, 1650, and press act of parliament, act 28, parliament 2, the act of parliament whilk is libelled upon, as Charles I. anno 1640. But so it is, the act ratifying the same, dated 24th of June, 1651, libelled on, as said is, bears no such pain; thereanent the paper called the "Remonstrance," before it can found no process of treason. produced and given up to the defender to see; because albeit printed laws allegari debent non probari; yet whatever is not a written law, whether acts, decreets, and writings, whereupon processes are founded as they must be produced to the judge, and not alleged only; so for the same reason they must be given up to the party to see, which is both our law and practick, and consonant to common law, l. 1, § 3, ff. de edendo; ubi edenda sunt omnia quæ quis apud judicem editurus est; that is, whatever the party pursuer is to produce before the judge, that ought to be given up to see to the defender, and the reason is given there, and l. 3, cod. eod. to wit, that the defender may come prepared to make his defence. This is so uncontroverted that it needs be confirmed by no more law. But so it is, the foresaid acts of committee of estates and parliament, anent that remonstrance were never printed, and therefore ante omnia they ought to be produced, and, before they be produced, no process. Secundo. Every libel ought to be clear, and criminal dittays ought to be most clear. Damhond. T. 3, N. 4, and should contain no ambiguity nor obscurity, chap. constitutis 6. Extra de Relig. Dom. and therefore, Libellus criminalis obscurus, parte etiam non excipiente, extenditur favore rei; that is, a criminal libel that is obscure, is extended in favours of the defender, though he should propound no defence against it, Bald. in L. editů N. 10, C. de Edend. and other doctors. 3tio. Every pain ought to be irrogate and established by a law, Doct. ad L. At si quis § divus ff. de relig, et sumpt. fun. For it is by a sanction of law that punishments are established, legis 11. Virtus est imperare, vetare, permittere, punire L. 7. de leg. that it is the virtue of law to command, forbid, permit, and punish. Now there is nothing in the said law and act of parliament, but a declarature of the king's royal prerogative, and of an obligation of the three estates to maintain the same; and therefore seeing that law hath made no sanction, neither of treason nor any other, this part of the proposition of the dittay founded thereupon, is altogether without ground, and there can be no process thereupon. Quarto. No process upon the act of the committee of estates, libelled to be of the date 25th November, 1650, and act of ratification in parliament, libelled of the date 24th of June, 1651, anent the paper called the "Remonstrance," because these are not printed acts, and are not produced, as said is. The next thing in the indictment is the subsumption, in which there is first a general charge upon the defender, of his being culpable of sundry seditious and treasonable remonstrances, declarations, petitions, instructions, letters, speeches, declamations, &c. To all which he saith, that generalia non pungunt, they can have no strength as to the inferring one crime or guilt upon the defender, except in so far as they .1661. malignant party, and prelacy now sioner could never forgive his excommunifast hasting in, and a vigorous enemy cating him. The king himself was so sento scandalous ministers; and the commissible of his good services to him, and his in The first particular deed subsumed in the indictment against the defender, is, that he did compile and draw up a paper, commonly called "the Remonstrance," and presented it, or caused it to be presented to his majesty, or the committee of estates, upon the 22d October, 1650. To which he answers, Imo, By denying what is alleged. He did not compile or draw up that remonstrance, neither had he any hand in the compiling or drawing up thereof, nor did he present it, nor caused it to be presented to his majesty and the committee of estates; and it is notour, and the defender could prove by many hundreds of witnesses, if need were, that he was so far alibi in the time of the drawing up thereof, that he was at Stirling that time, many miles distant: and that he did not present the same, nor caused it to be presented, is also notour. And as to what may be alleged of his abetting the same in the "Causes of Wrath,” he shall answer in its own place. are instanced and verified in particulars, and and zeal against the king's enemies, he may therefore doth he not judge himself bound to make it appear, that not only is he innocent of make any answer thereunto, were it not that he these aspersions, but also in his accession to is therein charged, to have seditiously and trai-"The Causes of God's Wrath," and to the torously intended and proposed the eradicating "Supplication," and "Declinator," mentioned and subverting the fundamental government of in the indictment, he had no dole, or fraud, or this his majesty's ancient kingdom, at least the intention to defame or reproach the king, but in enervating, violating, and impairing his majes- these things he walked in the simplicity of his ty's authority, by complying with, and being heart, with an eye upon his duty both to God subservient unto the designs and purposes of and to his majesty, and acted in these things that usurper, Oliver Cromwell, and his com- from a true principle of piety towards God, and plices; concerning which he is bold to say, that loyalty towards his majesty, and therefore canit is an unjust charge, and mere forgery, there not, because of his accession to any of these was never any such intention or purpose in his things, be judged guilty of treason and sedition. heart, nor can it be proven from any of his speeches, or writings, or actions. He dare and doth truly affirm, that as he never had any compliances with the designs and counsels, or actings of the late usurping powers, against his majesty's royal father, or himself, or against the kingdom, or the ancient government thereof, or of the kingdom of England or Ireland, so there was no part of their ungodly courses, and unjust attempts, and violent usurpations and actings, but he did, in his station and calling, doth by word and writ, bear testimony against the same, which is a thing better known and more manifest than that he can be liable in the least to suspicion therein, many of these testimonies being given before many living witnesses, and many of them being yet extant, and such as will be extant to posterity for his vindication in this particular; besides two or three common solemn public testimonies, in which he joined with many of his brethren against these things, one of which was condescended upon and directed to The second particular head, or article of the these usurping powers, at the very time the indictment, is anent the defender's contriving, causes of the Lord's controversy were conde- | compiling, causing print, in anno 1653 years, scended upon, which may sufficiently clear the that sediticus pamphlet (as it is libelled) called, honesty of his intentions and actings as to these "The Causes of God's Wrath," containing many causes: besides these common public testimo- malicious, ignominious, and treasonable pas nies, he was violently thrust from the pulpit, sages, as is alleged therein, and specially in the and quartered upon for six months together, for 5th and 6th articles thereof, and which is de preaching against the tender, and giving warn-clared against by an act of the committee of ing to his congregation not to take the same, as being destructive to religion, and the liberties of the nation, and the ancient civil government of this kingdom in his majesty's person and family. He was called before the president and some others of Oliver Cromwell his council in Scotland, for writing and spreading a paper, holding him forth in express words to be an usurper, and his government to be usurpation; he was threatened with imprisonment for writing and communicating a paper against Oliver Cromwell his usurping of the crown of these kingdoms; he was threatened with banishment for being accessory to the offering of a public subscribed testimony against the actings of the late usurping powers, unto Richard Cromwell his council in Scotland, immediately after his usurp ing of the government of these kingdoms: which things he should not mention, knowing that he hath nothing wherein to boast in himself, were it not that he is thereunto constrained, for vindicating himself from the unjust aspersions that are cast upon him, and that by telling of known and manifest truths, concerning his faithfulness estates, of the date the 19th day of September 1660. To this article the defender answers as follows: Imo. That act of committee, if any thing be intended to be founded thereon, ought to have been produced, and given up to see, and till then no process, for the reasons above alleged. Secundo, If it were produced, no act can be a ground to found a dittay of treason, and to infer the same, but an act of parliament, by the express act of parliament before cited, act 28, parl. 1640 years, and that must be an act made under the pain of treason against the contraveners. But, Tertio, It seems, from the place wherein this is libelled, being in the subsumption, it is only intended for an argument of the alleged guilt of that paper, and the defender doubts nothing, but whatever it pleased the committee to do anent that paper, there being none concerned therein called and heard before them at that time or before, yet the commissioner's grace and the estates of parlia ment will be very far from condemning the defender unheard, and therefore he shall shortly premise the true case of his accession to that terest when at its lowest, and the severity of this sentence, that when he got notice of it, he asked with some warmth, " And what paper, and motives, and ends therein; and thereafter shall proceed to his further defences. The case is truly thus: The Lord, by the sad defeats of our armies at Dunbar, Inverkeithing, and Worcester, and rendering our whole nation captives in all their precious interests, unto the cruelty and lusts of usurping strangers, having declared from heaven much of his wrath and indignation against this whole land, and all ranks of persons therein, from the highest to the lowest, especially against the ministry of this church; the defender, with many of these ministers and elders who had been dissatisfied in their consciences with the public proceedings of the former year, did come together after Worcester, not to comply with or strengthen in any thing the hands of adversaries, or to cast any reproaches upon the person of the king's majesty, or do any injury to the ancient civil government of the kingdom in his majesty's person and family, but in singleness of heart to search into the causes of all this great wrath, both as to their own sins, and the sins of all sorts of persons in the land, so far as God should be pleased, from the light of his word, to discover the same to them. Therefore, having first searched into and acknowledged their own sins, they did, in the next place, search into the sins of the land; and after conference and prayer, to the best of their light and apprehension, win at some discoveries thereof, they did draw the same first into some short heads and articles, which they did afterwards enlarge, merely in order to a more clear discovery of sin and guilt to such of the land, especially of their own congregations, whom God should be pleased by his word and Spirit to convince thereof. The case being thus truly, the defender alleges, Quarto, Whatever may be in the matter of that paper, yet this article of the dittay is no ways relevantly libelled, nor subsumed under the acts of the proposition to infer the crime and pain of treason, because this article can only be subsumed on that part of the proposition founded upon the acts of James VI. parl. 8th, 10th, and 14th, mentioned therein against authors of slanderous speeches or writs against his majesty, the pain whereof is not the pain of treason in none of those, nor no other acts of parliament whereunto they may relate; for in the foresaid 134th act, parl. 8th, James VI., relation is made to the pains statuted against leasingmakers, which is not the pain of treason, but of tinsel of life and goods, as is clear by the 43d act, parl. 2. James I. anent leasingmakers, wherein, by goods is only understood goods moveable, and that pain is no ways the pain of treason, nor is that crime ordained to be treason by any of our acts of parliament, as is clear by the style and tenor of the same by Skene in his Tract of Crimes in the end of the Majesty, and by his Index of the Acts of Parliament on the word treason: and therefore, in so far as the passages of that paper are libelled here to be treasonable, the article cannot be reasonably subsumed under the aforesaid acts, nor no other acts of parliament, and the defender ought to be assolied therefrom. Quinto, This article, as it is subsumed upon the acts of parliament, false and scandalous speeches and writs against his majesty, &c. is no ways relevantly libelled, because as all crimes require as well malice in the person as evil in the thing done, that is, dole et malitia subjectiva as well as objectiva, d. d. ad l. i. ff. de sua, so specially in injuries, whether by word, writ, or otherwise, dole and an intention to injure and reproach, is essentially requisite, so that without that there can be no action of injury; nam ad hoc debitum, requiritur animus injuriandi, say the doctors, and the law is express, lib. iii. § 1. ff. de injuriis et famosis libellis. In that title of the law anent injuries and infamous libels, the words are, injuria ex affectu consistit, that is, an injury depends all upon the intention of him who does it, thereby to injure; and the doctors, following the words, express that law and principle, instit. de injuriis; and specially Craveta Concilio 419, No. 1, and Concil. 9, No. 36, says, That agens actione injuriarum debet allegare dolum, that is, he that pursues an action of injury should allege dole. And Menoch. says in Concil. 197. lib. 12. that the words must be injurious, and must be prolata animo injuriandi, that is, they must be also spoken and written with intention to injure; and many others, whom it were tedious to allege. But so it is that there is nothing libelled to infer that the defender had an evil, seditious, ignominious, dishonourable, or any ways sinister intention, in order to his majesty, in what hand he had in that paper, without which the dittay in this part is not relevant; but that neither is nor can be libelled: but on the contrar, to clear that the defender had no dole or intention of injury against his sacred majesty, it is evident, 1mo, because Menoch. in the forcited place, Concil. 197. lib. 12. disputing the case of words of a subject that may seem to reflect against his prince, says, animus injuriandi non præsumitur in bono subdito adversus principem, but rather prolata esse bono animo et zelo versus principem, that is, in a good subject it is not presumed that he intended to injure his prince, but rather that his words (whether spoken or written, for both are but words) was from a good zeal towards his prince. Now what a good subject the defender hath been, and what zeal he has had for his prince and against his enemies, and how much he did suffer therefore, he is confident has been evident from the trus information thereanent abovewritten, and which is notour, as has been said: whence law and reason will presume, that he intended no injury against his majesty by that paper, especially seeing, 2do. (which if need be, he propones jointly) That the nature and quality of the act, being that by which the intention of the agent is best known, as lawyers observe well from d. L. i. ff. ad L. Cornel. de Sicar. it is clear from the nature of the act whereabout the defender was in that paper, that he intended no injury to his majesty, nor was there any dole or malice in it; for it is an act directory of acknowledg ment of sins and repentance, which consists of two parts, conviction and sorrow for sin, which |