State tracts, being a farther collection of several choice treaties relating to the government from the year 1660 to 1689 : now published in a body, to shew the necessity, and clear the legality of the late revolution, and our present happy settlement, under the auspicious reign of their majesties, King William and Queen Mary.

The Reasons and Motives of the Earl's Escape, with the Conclusion of the whole Narrative.

THE Earl's Escape was at first a great surprise, both to his Friends and Unfriends: for, as it is known that his Process, in the beginning, did appear, to the less concerned, more like a piece of pageantry, than any reality; and even by the more concerned was ac∣counted but a politick Design, to take away his Offices, and lessen his Power and Interest: So neither did any of his Friends fear any greater hazard, nor did most of his Unfriends imagine them to be more apprehensive. Whereby it fell out, that upon report of his Escape, many, and some of his Well-wishers, thought he had too lightly abandoned a fair Estate, and the probable expectation he might have had of His Majesty's favour: As also some, that were judged his greatest Adversaries, did appear very angry, as if the Earl had taken that course, on purpose to load them with the odium of a design against his life. And truly, I am apt to think, it was not only hard and uneasie for others to believe, that a Person of the Earl's quality, and character, should, upon so slender a pretence, be destroyed, both as to

life, and fortune, but also that he himself was slow enough to receive the impressions neces∣sary to ripen his Resolution; and that if a few Accidents, as he says himself, happening a little before his escape, had not as it were opened his eyes, and brought back, and presented to him several things past, in a new light, and so made all to operate to his final determi∣nation, he had stayed it out to the last.

Which that you may the better understand, you may here consider the several Particu∣lars, that, together with what he himself hath since told some Friends, apparently occurred to him in these his second thoughts, in their following order.

And first you have heard, in the beginning of this Narrative, what was the first occasion of the Earl his declining in his Highness's favour: You may also remember, that his Majesty's Advocate takes notice, that he debated against the Act enjoining the Test, in the Parliament: And, as I have told you, he was indeed the Person that spoke against excepting the King's Brothers, and Sons, from the Oath then intended for securing the Protestant Religion, and the Subjects Loyalty, not thinking it fit to complement with a Privilege where all possible caution appears rather to be necessary: And this a Reverend Bishop told the Earl afterwards had downright fired the kiln. What thereafter happened in Parliament, and how the Earl was always ready to have laid all his Offices at his Majesty's feet: And how he was content, in Council, to be held a Refuser of the Test, and thereby incur an intire deprivation of all publick Trust, is above fully declared; and only here remembred, to shew what Reason the Earl had, from his first coming to Edinburgh, in the end of October, to think that something else was intended against him than the simple devesting him of his Employments and Juris∣dictions. And yet such was his assurance of his Innocence, that when ordered by the Coun∣cil to enter his Person in Prison under the pain of Treason, he entered freely, in an Hackney Coach, without either hesitation or noise, as you have heard.

2dly, The same day of the Earl's Commitment, the Council met, and wrote (as I have told you) their Letter to his Majesty, above set down, Num. 22. Wherein they expresly charge him with Reproaching, and depraving; but yet neither with Perjury nor Treason; and a few days after, the Earl wrote a Letter to his Highness; wherein he did endeavour to remove his Offence, in terms that, it was said, at first had given satisfaction: But yet the only return the Earl had, was a Criminal Summons containing an Indictment, and that be∣fore any Answer was come from His Majesty. And then, so soon as his Majesty's Answer came, there was a new Summons sent him, with a new Indictment, adding the Crimes of Treason and Perjury to those of Reproaching and Depraving, which were in the first Libel, as you have heard above; whereby you may perceive, how early the Design against the Earl began to grow, and how easily it took encrease, from the least encouragement.

3dly, When the Earl petitioned the Council for Advocates to plead for him: Albeit he pe∣titioned twice, and upon clear Acts of Parliament, yet he had no better Answer than what you have above set down. And when the Earl's Petition, naming Sir George Lockhart as his ordinary Advocate, was read in Council, his Highness openly threatned, that in case Sir George should undertake for the Earl, he should never more plead for the King, nor him. But the Earl taking Instruments upon Sir George his refusal, and giving out, that he would not answer a word at the Bar, seeing the benefit of Lawyers, according to Law, was denied him; Sir George, and other Lawyers, were allowed to assist him, but still with a grudge. Likewise afterwards, they were questioned and convened before the Council, for having, at the Earl's desire, signed their positive Opinion of the Case. At which time it was also said in Council by his Highness, That their fault was greater than the Earl's: However, we see that as he was the occasion of the anger, so he hath only found the smart of it.

4thly, The whole Process, with the Judgment of the Lords of Justitiary, and Verdict of the Assize, whereby the Earl was found guilty, as you have seen (notwithstanding of what hath so plainly appeared, and was so strongly pleaded in his behalf) of Leasing-making, Depraving, and Treason, Is of it self a clear demonstration, that either the highest punish∣ment was intended for so high a guilt; or that, at least, it was no small humiliation that some designed for him: It being equally against reason, and prudence, setting aside the In∣terest of Justice, to strain things of this nature beyond the ends truly purposed, and which, in effect, are only the more to be suspected, the more they are concealed.

5thly, The Process being carried on to the Verdict of the Assize, and the Council being tied up by His Majesty's Letter, before pronouncing Sentence, to send a particular account to His Majesty of what the Earl should be found guilty of, for His Majesty's full information: The Coun∣cil doth indeed dispatch away a new Letter immediately, for His Majesty's leave to proceed; but instead of that particular account required by His Majesty, for his full information, all the information was ever heard of to be sent by the Council, was what is contained in the body of the Letter, wherein they, briefly, but positively, affirm, That after full debate, and clear probation, he was found guilty of Treason. Which, all men must say, was far better con∣trived to prompt his Majesty to a speedy allowance, than to give him that particular infor∣mation of the case which His Majesty's Letter expresly requires, and the Earl expected should have been performed.

But further, the Council was commanded to sign this Letter, not simply in the ordina∣ry form, but by a special Command laid on every Member, and the Clerk appointed to go about and get their Subscriptions, telling them they were Commanded; and complaining to the Duke when any scrupled to do it. The strictness of which Orders is apparent enough from the very Subscriptions, where you may not only read the names of Bishops subscri∣bing in causa sanguinis, but some of the Earl's Friends and Relations who wanted Courage to refuse; And, in effect, how many of all the Members did it willingly, is hard to say, seeing generally they excuse the deed in private.

6thly, About a week or two before the Trial, the Earl had notice, that at a close Juncto, where were Persons of the greatest eminency, it was remembred by one present, how that Anno 1663. The Earl had been pardoned by His Majesty, after he had been found guilty by the Earl of Middleton and that Parliament. And that then it was looked on as an Error in the Earl of Middletoun, that he had not proceeded to Execution, albeit His Majesty had given command to the contrary, because (as it was said) it would have been but the same thing to him. But now, adds this kind Remembrancer, The case is much more easie: Now his Royal Highness is on the Throne: It might have cost Earl Middletoun a frown, but now it can signify nothing, but will rather be commended in his Royal Highness, as acting freely like himself. The stop of the sentence looks like a distrust; but this will vindicate all, and secure all. And as the first part of the Story the Earl remembred well he had heard it from the same Person, An. 1664. and had reported it to the Duke of Lauderdale a little after; so the second part being of a very well known dialect, could not but give the Earl the deeper impressions. It was further told the Earl, at the same time when the Councils Letter to obtain His Majesty's assent to the pronouncing Sentence, and leaving all to discretion, was sent, that it was thought fit that nothing should appear but fair weather till the very close. Yet was the Earl so confident of his own Innocence, and His Majesty's Justice, that he did not doubt but His Majesty, seeing the Process, would at least put a stop to the Sentence. But after the Councils Letter was gone, in such terms as you have seen, to seek Liberty from His Majesty to proceed to Sentence (without either double, or abbreviate of the Pro∣cess sent with it) and no doubt smooth insinuations made with it, that all designed was to humble the Earl, or clip his wings: And that this Letter was hasted away by a fleeing Pacquet, to prevent the Earl's Application, which it could not but do; and so could not but have weight, and prevail with His Majesty, (to whom the Earl's Petition, as coming too late, was indeed never presented) Then, and not till then, the Earl began to have new thoughts.

7thly, The Earl's Trial having been upon Monday and Tuesday, the 12th and 13th of De∣cember; upon the 14th, the Councils Letter was dispatched; and upon the 15th, the Earl intreated, by a friend, for liberty to speak to his Royal Highness; whose Answer was, That it was not ordinary to speak to criminals, except with Rogues on some Plot, where discoveries might be expected: Yet his Highness said, he would advise upon it. But, upon Friday the 16th, he did refuse it. Yet the Earl did renew his suit, and urged, That he had sent a Petition to His Majesty, which was the first he had sent upon that occasion, and that, before the re∣turn should come, he was desirous to have his Highness Answer, that he might owe some part of the favour he expected, to his Highness.

But on Monday morning, the 19th, the Earl was told, he was not like to have any ac∣cess; and in the afternoon, he heard that the return of the Councils Express was looked for, on Thursday the 22d. being the Council day. And further, That the Justice Court (which according to its custom had sat the same Monday, and, in course, should have ad∣journed till Monday the 26th of December, or, because of Christmass, to the first Monday of January) was, for the Earl's sake, adjourned till Friday the 23d. to the end, that imme∣diately upon the King's return, they might pronounce Sentence. He was moreover in∣formed, that his Royal Highness was heard say, That if the Express returned not timously, he would take upon himself what was to be done. Which being general, and dark, was the more to be suspected. All this, the Earl told, made him the same Monday late, cast in his thoughts whether it were not fit for him to attempt an escape; but his doubtings were so many he could resolve nothing, that night, except to put off till Wednesday. Yet on Tuesday morning he began to think, if he did at all design to escape, he had best do it that same evening. However he was, even then, not fully resolved, nor had he as yet spoke one word of it to any mortal. But about Ten of the Clock this Tuesday, his Highness ab∣solute refusal to suffer the Earl to see him, until His Majesty's Return came, was confirmed: And about Noon the Earl heard that some Troops, and a Regiment of Foot were come to Town; and that the next day he was to be brought down from the Castle to the Common Jail (from which Criminals are ordinarily carried to Execution) and then he resolved to make his escape that very Night, and yet did not conclude it throughly till five of the Clock in the Evening: At which time he gave directions about it, not thinking to essay it, till near Ten: But at Seven, one coming up from the City, and telling him that new Orders were privately given for further securing of him; That the Castle Guards were

doubled, and none suffered to go out without showing their faces, and that some Ladies had been already put to do it, and therefore disswading him to attempt any escape, be∣cause it was impossible: The Earl said, No, then it is full time. And so he made haste, and within half an hour after, by God's blessing, got safe out, questioned pretty warmly by the first Centry, but not at all by the Main-guard; and then, after the great Gate was opened, and the lower Guard drawn out double, to make a Lane for his Company, one of the Guard who opened the Gate, took him by the Arm, and viewed him; but it pleased God he was not discerned. When he was out, he was not fully resolved whither to go. Home he had judged safest; but he thought it might breed Mistakes and Trouble that he designed not: So he resolved to go for England, and to take the Road, That by Post he might be His Majesty's first informer of his escape. But being disappointed of Horses that he ex∣pected, he found that the notice of his escape was got before him; and soon after, as he came the length of Newcastle, heard that His Majesty had given way to pronounce Sentence against him, according as he had apprehended from the circumstances and other grounds I have told you; which made him judge, it would be an undiscreet presumption, in that state, to offer himself to his Majesty, while he knew none durst address him, and so he rather chused to shift in the wide World, till His Majesty might be at some greater freedom both to understand his Case, and apply suitable Remedies. His Majesty's clear and excel∣lent understanding, and gracious and benign disposition, do fully assure him, that His Ma∣jesty doth not, in His thoughts, charge him with the least Disloyalty, and that he hath no Complacence in his ruine. But if His Majesty do, at present, lye under the pressure of some unlucky influences, not so easie to his Royal inclinations, the Earl, it seems, thinks it reasonable to wait patiently for a better opportunity. It may indeed appear strange, that Innocence and Honour oppressed in his Person, almost beyond a parallel, should not, ere now, have constrained him to some publick Vindication; especially when to the horrid Sentence given against him, his Adversaries have further prevailed to cause His Majesty dispose, not only of his Heritable Offices and Jurisdictions (the pretended eye-sore); but also upon his whole Estate and Fortune, with as little consideration of the Earl's personal Interest, as if he had fallen for the blackest Treason, and most atrocious Perduellion. But, besides that some things are of themselves so absurdly wicked, that all palliating pretences do only render them the more hateful; and the very simple hearing doth strike with an horrour, not to be heightned by any representation: Next that the Earl, being so asto∣nishingly overtaken for words, as fairly and honestly uttered as he could possibly devise, doth, with reason, apprehend that there is nothing he can say in this matter, though with the serenest mind, and in the greatest truth and fobriety, that may not be construed to flow from a design to lay blame where hitherto he hath been tender to give any ground of offence. I say (besides these things) he is withal (I know) most firmly persuaded, That, if ever he shall have the happiness to be once heard by His Majesty, and in his pre∣sence allowed to explain a few Particulars, in Duty here omitted, His Majesty's Justice and Goodness will quickly dispel all the Clouds that now hang over him, and restore him to that favour wherein he hath sometime reckoned himself very happy, and which he will ever be most ready to acknowledg. And therefore all that in the mean time he judged necessary, or would give way to, was that for preserving the remembrance of so odd a Transaction, until a more seasonable juncture, some Memorials should be drawn, and de∣posited in sure keeping; which being grown under my hand unto this Narrative, I thought I could not better observe his Order, than by transmitting it to your faithful custody. I have carefully therein observed the Truth, in point of fact, avouching nothing but upon the best and clearest evidence can possibly be expected; nor have I, as to the manner, li∣cenced or indulged my self in any severity of expression, which, I thought, could be just∣ly, in such a case, omitted, without betraying the Cause. Yet if you now, or any other hereafter, shall judge, that I do sometime exceed, let it not be imputed to him; for as he did indeed charge me to guard against any more warm or vehement expression, than the merit and exigence of the subject do indispensibly require; so I am assured that he silently and patiently waits on the Lord, committing his way to him, and trusting in him, that he may bring it to pass; and that He shall bring forth his righteousness as the light, and his judgment as the noon-day.