PRIMS Full-text transcription (HTML)

THE Marqueſs of Argyle HIS PETITION TO THE PARLIAMENT OF SCOTLAND; Craving a Precognition of his Caſe, Containing many weighty Reaſons urging the neceſſity thereof.

Preſented to the Parliament February 12. 1661.

LONDON, Printed in the Year 1661.


To my Lord Commiſſioner his Grace, and Honourable Eſtates of Parliament. The Humble Petition of Archbald Mar­queſs of Argyle.

Humbly ſheweth,

THAT for as much as the Petiti­oner can with a ſafe conſcience affirm, and ſolemnly proteſt, that what-ever his actings or acceſſi­on has been in relation to pub­lick buſineſs ſince the beginning of the troubles, till his Majeſties departure hence in the year 1651. though he will not purge himſelf of errors, failings, and miſtakes, both in judgement and practice incident to humane frailty, and common to him, if not with the whole, at leaſt with the greateſt part of the Nation; yet in one thing, though he were to die, he would ſtill avouch and retain his innocency, that he never intended any thing treaſonably, out of any pernicious deſign againſt his Majeſties late Royal Father of ever glorious memory, or his preſent Majeſty, (whom God may long preſerve) their Per­ſons or Government; but endeavoured al­waies to his uttermoſt for ſetling the differen­ces betwixt their Majeſties and the people: And as to any actings before the year 1641.60 or from the ſaid year, till his Majeſties being in the Parliament at Perth and Sterling, your Petitioner did with a full aſſurance rely upon his gracious Majeſty, and his Royal Father, their Treaties, Approbation, Oblivion, and Indempnity for what was paſt, and firmly be­lieved that the ſame ſhould never have riſen in judgement, or that the Petitioner ſhould have been drawn in queſtion therefore; and during his Majeſties abſence, and being forced from the exerciſe of his Royal Government by the late Uſurpers, and long after that the Nation by their Deputies had accepted of their au­thority and government, and they in poſſeſſi­on, the Petitioner was forced to capitulation with them, being in their hands, and under ſickneſs, and the ſame was after all endeavours uſed, according to the duty of a good ſubject, and upon the Petitioners part, ſo innocent and neceſſary for ſelf preſervation, without the leaſt intention, action, or effect to his Majeſties prejudice; That albeit upon miſ-information (as the Petitioner humbly conceives) his act­ings and complyance both in their deſigns and quality have been miſ-repreſented, as particu­larly ſingular and perſonal, ſtating the Petitio­ner in a degree of guilt beyond others, and incapable of pardon, the ſame have ſo far pre­vailed upon his Majeſty, as to cloud and damp the propitious and comfortable rayes of his Royal Grace and Favour, and have ſtrained his gracious Inclination beyond its natural61 diſpoſition of clemency expreſt to his other ſubjects, to commit the Petitioners perſon, and give way to the tryal of his carriage and act­ings; yet ſo firmly rooted is the Petitioners perſwaſion of his Majeſties Juſtice and Cle­mency, and that He intends the reclaiming, and not the ruine of the meaneſt of his ſubjects, who retein their loyalty, duty, and good affe­ction to his Perſon and Government, that upon true and right repreſentation of the Petitio­ners carriage and actings, he ſhall be able to vindicate himſelf of theſe aſperſions, and ſhall give his Majeſty ſatisfaction, at leaſt ſo far, to extenuate his guilt, as may render him a fit ob­ject of that Royal Clemency, which is of that depth, that having ſwallowed and paſt by not only Perſonal, but National guiltineſs, of much more deep a dye as any the Petitioner can be charged with, or made out againſt him; and ſo will not ſtrain to paſs by and pardon the faults and failings of a perſon who never acted but in a publick joynt way, without any ſini­ſtrous or treaſonable deſigne againſt his Maje­ſty, or his Royal Father, and againſt which he can defend himſelf either by acts of approbati­on and oblivion in verbo principis, which he conceives to be the ſupreme, ſacred, and invio­lable ſecurity, or which he was forced to much againſt his inclination, by an inſuperable neceſ­ſity. And albeit his Majeſties grace and favour is ſtrictly tyed to no other rule but his Royal Will and pleaſure, yet his Majeſties ſo innate,60 eſſential and inſeperable a quality of his Roy­al nature, that the Petitioner is perſwaded in all humane certainty, that the leaving and committing to his Parliament (as is expreſt in his Majeſties Declaration of Octob. 12. laſt by paſt) the trying and judging of the carriage of his ſubjects during the late troubles, as indeed it is in its own nature, and ought to be ſo acce­pted of all, as an undoubted evidence of his Majeſties affection to, and confidence in his people; ſo no other tryal or judging is therein meaned, but a fair, juſt, legal, and uſual tryal, without any prejudice, paſſion, or prelimitati­on, or precipitation; like as by the ſaid Decla­ration there was a freedom for all the people intereſſed, to make their application to the Parliament, or in the mean time to the Com­mittee, from whom only his Majeſty is pleaſed to declare he would receive addreſs & infor­mation: And ſeeing it was the Petitioners misfortune during the ſitting of the ſaid Com­mittee, to be priſoner in England, whereas if he had been priſoner here in Scotland, he would have made application to them, and would have craved, and in juſtice expected that pre­cognition might have been taken by them, to whom the preparing and ordering of that af­fair (to wit, anent the tryal of the ſubjects car­riage during the troubles) was recommended, that the Petitioners abſence, which was his puniſhment, not his fault, may not be prejudi­cial, ſeeing the Petitioner has lately received56 two ſeveral ditays wherein there be many crimes groſly falſe, with all the aſperſions and aggravations imaginable laid to his charge, importing no leſs then the loſs of his life, fame, and eſtate, and the ruine of him and his poſte­rity, which he is confident is not intended by his Majeſty; and that by the law and practiſe of this Kingdom, conſonant to all reaſon and equity, the Petitioner ought to have upon his deſire a precognition for taking the depoſition of certain perſons, which being frequently and uſually practiſed in this Country, when any perſon is defamed for any crime, and therefore incarcerate before he was brought to a tryal, at his deſire precognition was taken in all bu­ſineſs relating thereto, which the Petitioner in all humility conceives ought much more not to be denied to him, not only by reaſon of reſpect to his quality, and of the importance and conſequence thereof to all his Majeſties ſubjects of all quality in all time coming, but alſo, in regard it has been ſo meaned and in­tended by his Majeſties Declaration foreſaid, like as the manner of the crimes objected being actings in times of wars and troubles, the guilt thereof was not perſonal and particular, but rather National and univerſal, and vailed and covered with acts of indempnity and oblivion, and ſo tender and tickliſh, that if duly pon­dered after a hearing allowed to the Petitio­ner, in prudency and policy will not be found expedient to be toſſed in publick, or touched57 with every hand, but rather to be precogno­ſced upon by ſome wiſe, ſober, noble, and ju­dicious perſons, for their and ſeveral others reaſons in the paper hereto annexed; nor does the Petitioner deſire the ſame animo pro te­landi, nor needs the ſame breed any longer delay, nor is it ſought without an end of zeal to his Majeſties power, and vindication of the Petitioners innocency, as to many particulars wherewith he is aſperſed; and it would be ſeriouſly pondered that ſeeing Cunctatio nulla longa ubi agitur de vita hominis, far leſs can this ſmall delay, which is uſual, and in this caſe moſt expedient, if not abſolutely neceſſary, be refuſed, ubi agitur non ſolum de vita, ſed de fama, and of all worldly intereſts that can be dear or of value to any man.

Ʋpon Conſideration of the Premiſes, it is humbly craved, That your Grace, and the Honourable Eſtates of Parliament, may grant the Petitioners deſire, and to give Warrant to cite perſons to De­pone before your Grace, and the Eſtates of Parlia­ment, upon ſuch interrogators as your Petitioner ſhall give in, for clearing of ſeveral things con­cerning his intention and loyalty during the Trou­bles; And for ſuch as are out of the Country, and Strangers, reſidentars in England, Commiſſions may be directed to ſuch as your Grace and the Par­liament ſhall think fit, to take their Depoſitions up­on Oath, and to return the ſame;

And your Petitioner ſhall ever pray, &c.

This Petition being read, was refuſed.


Edinburgh.At the Parliament Houſe, Febr. 13. 1661.

THe Marqueſs of Argyle (being accuſed of High Trea­ſon, at the inſtance of Sir John Flocher, his Majeſties Advocate for his Intereſt) was brought to the Bar: His Lordſhip humbly deſired but to ſpeak a few words before reading the Indictment; aſſuring to ſpeak nothing in the cauſe it ſelf Whereupon he was removed a little, and after ſome debate, the Houſe reſolved that the ſaid Indict­ment ſhould be firſt read. Then his Lordſhip deſired that a Bill which he had cauſed his Advocates give in to the Lords of the Articles, (deſiring a precognition, with many reaſons urging the neceſſty of it) to which he had received no anſwer, might be read before the ſaid Indict­ment; which being likewiſe refuſed, the ſaid Indictment was firſt read; and after the reading thereof, the Marqueſſe (being put off hifirſt thoughts) was compelled to this extemporary diſcourſe following, as it was faithfully col­lected from ſeveral hands, who writ when his Lordſhip ſpoke.

May ipleaſe your Grace

MY Lord Chancellour, Before I ſpeak any thing, I ſhall humbly proteſt my words may not be wreſted, but that I may have charity to be believed; and I ſhall with God's aſſiſtance, ſpeak truth from my heart.

I ſhall (my Lord) reſume Mphi••ſhths anſwer to Da­vid, (after a great Rebellion, and himſelf evil reported of)32 ſaith he, Yea, let him take all, for as much as my Lord the2 Sam. 19. 30. King is come home again in peace into his own houſe; So ſay I, ſince it has pleaſed God Almighty graciouſly to return his Sacred Majeſty to the Royal Exerciſe of his Govern­ment over theſe Nations, to which he has undoubted Right, and was moſt unjuſtly and violently thruſt there­from by the late tyrannizing Uſurpers.

It is (my Lord) exceeding matter of joy to us all, that that iron yoke of Uſurpation (under which we have theſe many years ſadly groaned) is now broke, and with much freedom this High and Honourable Court of Parliament are meeting together, under the refreſhing warm beams of his Majeſties Royal Government, (ſo much longed for by our almost ſtarved expectations;) and I do earneſtly wiſh his Royal Preſence upon his Royal Throne amongſt us; but ſince at this time that great happineſs cannot probably be expected, I am glad that his Majeſties Prudence has ſin­gled out ſuch a qualified and worthy perſon (as my Lord Commiſſioner his Grace) to repreſent himſelf, whoſe un­ſpotted loyalty to his Majeſty we can all witneſs.

I cannot (my Lord) but acknowledge that theſe two grand mercies which comfortably attends my preſent con­dition; one is, The high thoughts I deſervedly entertain of that tranſcendent and Princely clemency wherewith his Sacred Majeſty is ſo admirably delighted, abundantly evi­denced by many noted and ſignal teſtimonies in all the ſteps of his Majeſties carriage; as thoſe moſt gracious Letters, Declarations, and that free and moſt ample Act of Indem­pnity, granted to all his Majeſties Subjects, (excepting ſome of the immediate Murderers of his Royal Father) to eradicate any timorous Jealouſies of his Majeſtieg••­cious pardon (which might haply ariſe by ſerious reflect­ings) convincing them forceably of their own miſcarriages in theſe unhappy times of diſtraction: The effects (my Lord) of which Princely deportment (I am confidently hopeful) his Majeſty has experimentally, and ſhall finde,33 prove one effectual cement to concilliate the moſt anti­monarchick and diſaffected perſons (excepting ſome of thoſe barbarous phanaticks) in all his Majeſties Dominions, moſt willingly to the ſubjection of his Majeſties Royal Scepter; and with a perfect hatred abominate all diſloyal practiſes in themſelves or others, in all time coming.

The ſecond is, (my Lord) When I conſider that my Judges are not ſuch as we had of late, (ſtrangers,) but my own Countrymen; both which joyntly (together with the real ſenſe and ſolid convictions I have of my innocency of theſe calumnies moſt unjuſtly charged upon me) encoura­ges my hopes the rather, to expect ſuch dealing, as will moſt ſympathize with that clement humour (to which his Sacred Majeſty hath ſuch a natural propenſity) and ſuch e­qual adminiſtration of Juſtice (void of all byaſſing preju­dices) as will be moſt ſuitable to ſuch a high and honoura­ble Meeting.

I ſhall therefore (my Lord) deſire to uſe Paul's anſwer for himſelf, being accuſed of his Countrymen) may not be miſtaken, he having a learned Orator (Tertullus) accu­ſing him, as I have in my Lord Advocate; Paul's was he­reſie,Acts 24. 14, 15, 16. mine of another nature; but I muſt ſay with him, That the things they alledge againſt me cannot be proved; but this I confeſs, in the way allowed by ſolemn Oaths and Covenants, I have ſerved God, my King, and Country (as he ſaid) which they themſelves alſo allow.

I ſhall (my Lord) remember (not with repining, but for information) my hard uſage, never having had my hear­ing, nor allowance of pen, ink, nor paper, nor the comfort of ſeeing my friends freely, until I received this Sum­mons, which was in effect a load above a burden; enemies, both Scots and Engliſh, out of malice calumniating me for all the ſame things, excepting what relates to his Majeſties moſt Royal Father of ever glorious memory.

Therefore (my Lord) I beg charity and patienhearing, not doubting but the wiſdom and goodneſs of the Parlia­ment34 will be ſo favourable, and not as the inconſiderate multitude (as a learned and able man writes, ſays he) AsSir Walter Raleighs Pre­face to the Hi­ſtary of the World. we ſee in experience, That dogs they alwaies bark at them they know not; and that is their nature, to accompany one another in thoſe clamours; ſo it is with the inconſiderate multitude, who wanting that vertue which we call honeſty in all men; and that ſpecial gift of God (which we call charity in Chriſtian men) condemn without hearing, and wound without offence given, led thereunto by uncertain report only; which his Majeſty King James only acknow­ledges to be the Father of lies: I ſhall not deſire to be in the leaſt miſtaken by any that hear me: But ſure I am, it is pertinently applicable to my caſe.

I entreat your Lordſhip likewiſe to conſider the words of another notable man; who ſays, As the tongues of Pa­raſitesSpeed in his Hſtory. are ill ballances to weigh the vertues of Princes and great men, ſo neither ſhould theirs, nor other mens ble­miſhes be looked upon as they are drawn with the de­formed pencil of envie or rancour; which do alwaies a­tend eminency, whether in place or vertue. I ſhall not (my Lord) be ſo preſumptuous as to arrogate any thing to my ſelf in this, only I want not the two companions; for I am but a weak man, ſubject to many failings and infirmi­ties, (whereof I do not purge my ſelf) for as we muſt con­feſs to God Almighty, If he ſhould mark iniquity, whoPſal. 130. 3. can ſtand? Neither ſhall I ſay, That there cannot a hole be diſcovered (as the Proverb is) in my coat; and it cannot but be ſo with any, ſpecially ſuch as have labour'd in ſuch times buſineſs; but I bleſs the Lord, that in theſe things which have been, and are here caſt upon me, I am able to make the falſhood and miſcenſtruction of them palpably appear.

My Lord, before I mention any thing in particular, I muſt ſhew this Honourable Meeting of Parliament, and all that hear me (who doubtleſs have various apprehenſi­ons of my being preſent in this condition) that I am hereather as my misfortune, nor my injury; wherein I deſire35 to explain the difference, as Plato and Ariſtotle does very well; calling injuries ſuch things as are done purpoſely with a wicked minde; and misfortunes, ſuch things as are done with a good minde, though the events prove bad, yet we could not foreſee them.

So (My Lord) I ſhall take God to record (who muſt judge me one day) upon my Conſcience, That what I did, flowed not from any injurious principle to any, though I acknowledge the events were not ſtill ſo ſucceſsful (which was my misfortune) indeed; but it has been my lot often in theſe times (wherein I and many others have been ine­vitably involved) to be by the malicious tongues of my calumniating enemies, miſconſtructed for the worſt; yea, even in many things that the Lord was pleaſed to make ſucceſsful: for the truth of this, I may (I hope) ſafely ap­peal to many in this Honourable Houſe, who can abundant­ly witneſs my faithful and loyal endeavours for both my King and Native Country: whereof I ſhould be very ſpa­ring to be an Herald my ſelf; were not the contrary ſo im­pudently affirmed. There are five main calumnies that I deſire (my Lord) to ſatisfie all that hear me a little in; to the end that the reſt of leſs moment may be likewiſe in its own due time heard afterward abſtract more from per­ſonal prejudice.

The firſt calumny is (my Lord) concerning that horrid and unparalleld murder of his late Royal Majeſty of eter­nally bleſſed memory; I do here publiquely declare, that I neither deſire, nor deſerve the leaſt countenance or fa­vour, if I was either acceſſory to it, or on the counſel or knowledge of it; which to make clearly appear, is under oath in the Parliament Books 1649. whereof I was the firſt ſtarter my ſelf, to the intent we might both vindicate our ſelves, and endeavour a diſcovery, if any amongſt us had any acceſſion to that horrid and villanous crime; as alſo in my latter Will which I made going to England, in Ann1655. or 1656. fearing what poſſibly might here­after be obtruded by any upon me or my family upon that36 accompt, I ſet it down to clear my poſterity, That I was altogether free of that deteſtable and execrable crime, or of any prejudice to his Majeſty, in either Perſon or Go­vernment: I left this with a very worthy Gentleman, I believe well known to your Lordſhip, and never ſaw it ſince; ſo your Lordſhip may be pleaſed if ye will to call for it, and try the truth; whatſoever other thing may be in it, I hope (my Lord) this opportunity is a mercy to me, to have that vile calumny (amongſt many others againſt me to be cleared.

And (my Lord) to make this particular yet more evi­dent, I did ſtill, and do poſitively aſſert, That I never ſaw that monſtrous Uſurper (Oliver Cromwell) in the face, nor ever had the leaſt correſpondence with him, or any of that Sectarian Army, until the commands of the Commit­tee of Eſtates ſent me, with ſome other Noblemen and Gentlemen to the Border, in anno 1648. to ſtop his march into Scotland after thoſe who retired from Preſton fight; neither after he left the Border in the year 1648. did I ever correſpond with him, or any of that Sectarian Army, ſo unſatisfied was I with their way, after the wicked and ſiniſtrous courſes he and they were upon afforded evident preſumptions for us to apprehend, that he and they intend­ed prejudice to his Royal Majeſty; onely one letter I received from Sir Arthur Heſilrig, to which I returned anſwer, That he might ſpare his pains in writing to me, for I bleſſed the Lord who had taught me by his Word, To fear God, and honour the King, and not to meddle with them that were given to change; though Sir Arthur be now dead, yet he acknowledged to ſeveral in the Tower, that he ſtill had my Letter: and when I was there, I often deſired he might be poſed and examined about it; which I can pre­ſently inſtruct. And during (my Lord) my being in Eng­land neither in London nor Newcaſtle in anno 1647. There was not any thing ſo much as mentioned concerning his late Majeſties perſon; all that ever I heard of, was in publique37 Parliament 1647. The Commiſſioners papers at London, and Committee books at Newcaſtle will clear this fully.

The ſecond calumny is anent the inhumane murder of Duke James Hamilton: (My Lord) It's well known my great reſpect to that truly Noble and Worthy perſon, whereof (upon all occaſions) I gave ample teſtimonies, and can yet convince any of his friends with the reality of it; and evidenced my true ſorrow for the wicked cruelty committed upon him: But indeed I cannot deny I refuſed to complement Cromwell on his behalf (he having (my Lord) been immediately preceding, ſo inſtrumental, and ſo very active in that moſt horrid and lamentable murder of his late Sacred Majeſty) and if I had done otherwiſe, un­doubtedly it had been a more black Article in that Libel now read, then any that is in it.

The third calumny is, That which breeds a great part of theſe groundleſs clamours, (though it be not in the Indictment) is my Lord Marqueſſe of Huntley's death; wherein I may truly ſay, I was as earneſt to preſerve him, as poſſibly I could, (which is very well known to many in this Honourable Houſe) and my not prevailing, may ſuf­ficiently evidence I had not ſo great a ſtroke nor power in the Parliament as is libelled; And (my Lord) for his E­ſtate, I had nothing in that, but for my own abſolutely ne­ceſſary relief, and was ever moſt willing to part with any intereſt I had therein, getting his friends (who profeſſed much zeal for the ſtanding of the Family) engaged for warrandiſe to me, of any portion that ſhould happen to fall my ſatisfaction; and to evidence that I was no means to harm the Family, I ſtood with my Right betwixt all Fines and forfeitures of Bonds, and accompted for any thing I could receive: and to manifeſt yet further, that the bur­den of that Family was not from any extrinſick cauſe to themſelves, I have under the old Marqueſſe his own hand, and his Sons, George Lord Gordone (who was a very wor­thy young Nobleman,) the juſt Inventory of their debts,38 amounting to about one million of marks, in anno 1640. It would I fear (my Lord) conſume too much of the Parlia­ments precious time, to hear many other circumſtances to make this particular more clear, which I ſhall at this time forbear.

The fourth calumny is, the death of the Marqueſſe of Montroſs; There are many in this Houſe (my Lord) who know very well I refuſed to meddle either in the matter or manner of it; and ſo far were we from having any par­ticular quarrels at one another, that in anno 1645. he and I were fully agreed upon Articles and conditions contain­ed in a Treaty paſt betwixt us; the Gentleman is yet alive who carried the meſſages both by Word and Writing be­twixt us; and it was neither his fault nor mine that the bu­ſineſs did not end at that time, which (is known to all) proved very obnoxious to the Kingdom thereafter.

The fifth calumny is concerning my dealing with the Engliſh after Worceſter fight: It is well known (my Lord) to many, that my ſelf, and the Gentlemen of Argyleſhire (my Kinſmen, Vaſſals, and Tenants) endeavoured cordi­ally to engage all their neighbours about them on all hands, againſt the Engliſh, (which they did not prevail in,) but was moſt unhappily made known to the Engliſh Comman­ders for the time; which they cauſed immediately pub­liſh (as a very notable diſcovery) in their News books; which occaſioned two ſad diſadvantages to us: for they not only cruſhed our attempts in the infancy, but alſo de­termined the ſeverer reſolutions againſt us; whereby two ſtrong Regiments of Foot, (Overtons and Reads) and very near the number of one of Horſe (under the command of one Blackamoir, were ſent to Argyle; and when Dean came there, it pleaſed God to viſit me with a great di­ſtemper of ſickneſs, (as Doctor Cunnynghame, and many others who were with me, can witneſs) What (my Lord) I was preſt to when I was violently in their hands, may be inſtructed by the paper it ſelf (written by Deans mans own39 hand yet extant to ſhew) which I did abſolutely refuſe upon all the hazard of the uttermoſt of their malice; as alſo what I was neceſſitate to do, is likewiſe ready to be ſhown, whereby I was ſtill controuled their Priſoner upon demand.

I ſhall (my Lord) add one Reaſon more to clear this (beſides many other weighty publick Reaſons and Conſi­derations which I ſhall forbear to mention at this time, it being more natural to bring them in by way of defences afterward) my own Intereſt and of all Noblemen and Superiours in Scotland. It may be rationally preſumed, that I had been a very ſenceleſſe fool, if ever I had been for promoting ſuch an Authority or Intereſt over me, as Levelled all, and was ſo totally deſtructive to all that dif­ferenced my ſelf and other Noblemen, from their own Vaſſals, (which many ſayes I was too earneſt in) Yea it being abſurdly derogtive to all true Nobility, and my Anceſtors and I (as is ſaid in that Libel) having had ſo many Titles of honour, dignity, and eminent places of truſt, conferred upon us by His Majeſties Royal Predeceſ­ſors and himſelf, (all for our conſtant Loyalty and adhe­herence to the Crown at all occaſions (as the Records and Hiſtories of this ancient Kingdom holds forth, beſides the Narratives of all our Grants) and aſſerting the juſt privi­ledges thereof againſt all oppoſers) I did [My Lord] ever (even when the Engliſh were at the intollerable height of Uſurpation) declare my true abhorrence to a Common-wealth Government; which was well known to them all: I was not indeed [My Lord] very diſſatisfied when there was rumors ſpread abroad of Cromwells being made a King, (as ſome here preſent can witneſſe) for I told them it was a moſt probable way for His Majeſty; and the more it were incouraged, would tend the more to Cromwel, and their deformed Common-wealths Govern­ment ruine, and promote His Majeſties juſt intereſt the40 more. My Lord, I ſhall not much blame my Lord Advo­cate for doing his endeavour [it being an eſſential part of his Function to accuſe] but I muſt ſay that it is very hard meaſure, that ſo able a man has taken near as many months, in taking pains to prompt as many enemies as his perſwaſions could poſſibly invite, to vent out the higheſt notes of their malice, and laying out ſearch by them for, and collecting all the bad reports, or rather [to give them their genuine term] I may call them a confuſed Maſſe of the common Claſhes of the Countrey, thereby to deviſe miſ conſtructions of all the publick actings, of both Parlia­ments and Committees, during the late troubles, and with ſtrange and remote inferences to adduce all thoſe to the Channel of my particular actings; he has taken, I ſay, [My Lord] as many months, as I have had dayes, to an­ſwer them, being an exceeding diſadvantage. But My Lord, that's not all, I am likewiſe extreamly troubled, that he labours in that Libel all along to draw an obſcure vail of perpetual oblivion over all my good ſervices; & ſpecially my faithful & Loyal indeavours in reſtoring of His Sacred Majeſty to the Crown of this His moſt ancient Kingdome of Scotland, and the exerciſe of His Majeſties Royal au­thority therein, with my cordial indeavours for His Maje­ſties reſtitution to the reſt of His Dominions alſo, which His Majeſty both knows, and has been pleaſed often to acknowledge it to have been good ſervice; yea and many preſent in this honourable Houſe knows, that I extended both my zeal and affection to the utmoſt of my power for His Majeſties ſervice in that particular, which I willingly acknowledge nothing, my Lord, but my duty, whereunto I was tyed both by natural, civil, and Chriſtian Bands to my Soveraign, and ſpecially ſuch a King of whom I may ſay well [as I have often affirmed] That he is a King in whom the Lord has been pleaſed to take ſuch pleaſure, as to poſſeſſe his Majeſty with ſo many ſuperlative degrees41 of excellency, that will certainly exalt His Majeſties ſame both in our age, and to ſubſequent poſterity, above all the Monarchs in the world; ſo that my Lord, we may conſe­quently diſcover a high demonſtration of the Lords ſingu­lar kindnes & ſpecial providential care for us his Majeſties Subjects, in preſerving ſuch a rich bleſſing as His Sacred Majeſty (in whom the happineſſe of theſe Nations is wrapt up) under the ſafe wings of his divine Protection, I may ſay, even when the extravagant malice of men would havePſal. 56. 2. ſwallowed him up.

After my Lord had ended this diſcourſe (being heard by all very attentively, without any interruptions) Thus the Lord Advocate ſpoke to my Lord Chancellour; My Lord, What can the Marqueſs of Argyle ſay to the oppo­ſition at Sterling, in Anno 1648. The Marqueſs replyed, That he ſound my Lord Advocate indeavoured to bring him to debate the particulars (which he hoped ſhould be clared at another more convenient time) and waved an­ſwering the thing it ſelf, but inſiſted thus; My Lord Chancellour, I have (informative only) hinted a little at the main things which I am often charged with, my memo­ry cannot fully reach all, neither will time permit to cir­cumſtantiate theſe particulars, which I have only touched in the general; nor is it my purpoſe at preſent to fall on the debate of any of that Libel (not having yet conſulted the Proceſs) by reaſon theſe Advocates your Lordſhip was pleaſed to allow me have not yet all embraced, and the excuſes of my ordinary Advocates (in whom I had confidence) being admitted as relevant. And their Gentlemen, that has been pleaſed (in obedience to your Lordſhips command) to come here with me, not being much acquainted with matters of this weight, and not ha­ving unbraced till within theſe two or three dayes, ſo that they are ſtrangers altogether to my caſe) I42 ſhall therefore my Lord humble deſire, that a competentime may be allowed me, that I may prepare my defen­ces, and I ſhal (God willing) abundantly clear every par­ticular in that Lybel. And alſo my Lord, I humbly deſire that theſe other Advocates who were ordained by your Lordſhips to aſſiſt me (and after the honourable Lords of Articles had heard them, rejected their excuſes) may be now reordained to conſult and appear for m.

The Marqueſſe his Advocates entred a proteſtation, that what ſhould happen to eſcape them in pleading (ei­ther by word or writ) for the life, honour, and eſtate of the ſaid noble Marqueſſe, their Client might not there­after be obtruded to them as Treaſonable, whereupon they took inſtruments.

The Marqueſſe aſſured my Lord Chancellor that he knew not of any ſuch proteſtation to be preſented, and that it flowed ſimply of themſelves; Whereupon my Lord Chancellor deſired the Marqueſſe and his Advocates to remove, till the Houſe ſhould conſider both of my Lords deſire, and the Advocates proteſtation.

The Marqueſſe and his Advocates being removed. The Houſe (after ſome ſmall debate) reſolved, as to my Lord Marqueſſe deſires, his Lordſhip ſhould have till the 26 of February to give in his defences in writ, and ordained Mr. Andrew Ker to be one of his Advocates.

As to the Advocates proteſtation, the Houſe reſolved, That they could not be allowed to ſpeak Treaſon either by word or writ but upon their perril, only allowed them in the general, as much as in ſuch caſes, as indulged to any. The Marqueſſe and his Advocates being called in, my Lord Chancellor intimate the foreſaid reſolutions of43 the Houſe, both in reference to my Lord Marqueſſe; and to the Advocates proteſtation,

When my Lord Chancellor had done, the Marqueſſe ſpoke••followeth;

My Lord Chancellor;

THere is one thing that had almoſt eſcaped me, anent that oppoſition at Sterling, 1648. That my Lord Advocate was ſpeaking of, That it may not ſtick with any of this honourable meeting, I ſhall ingeni­ouſly declare, That after the defeat at Preston, I was deſired to come and meet with the Committee of Eſtates (meaning thoſe who were in the then engagement) And being come with ſome of my Friends to Sterling, in fearing harm and ſuſpecting nothing, I was invaded by Sir George Munro, where ſeverall of my Friends were killed, and my ſelfe hardly eſcaped, which is all that can be ſaid I acted in Arms as many here knows.

My Lord, Not that I am any wayes diffident but I ſhall in due time cleare every particular of that Lybil; Yet I am not a little troubled that ſome who have heard the Calumnies therein; may let them have ſuch an impreſſion (being aſſerted with ſuch confidence) as to conceale a poſſibility, if not a probabillity of their being true; I ſhall therefore deſire ſo much Charity from this honou­rable Meeting, That there be no hard thoughts enter­tained till I be fully heard.


The Marqueſſe therefore with the joynt con­currence of his Advocates, humbly deſired, That the Bill (containing many pungent Reaſons) for a precognition of his Proceſs, given to the Honourable Lords of Articles, might be read and conſidered, in plain Parliament.

To which my Lord Chancellor replyed, That it had been formerly refuſed at the Articles, and that it would not be granted.

So his Lordſhip was carried back to the Caſtle.

Edinburgh. March 5. 1661.At the Parliament Houſe.

The Marqueſſe 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 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 buſineſſe 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;)46 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 few 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 Lybel 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, untill 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 then morals, for as Grotius has it, the Mathematicks ſeparates forms from matters, as betwixt ſtraight and47 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 neer 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, then to the other extreamity, or part, whence ambiguity often ariſeth. The particular circumſtances are ſo obvious to every underſtanding man, that I need only to mention them.

Polybius my Lord makes much of his HiſtoryMaxim. 1depend upon theſe three, Concilia, Cauſa, etCounſels, Cauſes, Events. Time, Place. Perſons. Eventus; and there are likewiſe other three, Tempus, Locus, et Perſonae, The change whereof makes that which is lawful duty, unlawfull, 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 then it was in­tended.

There is my Lord, another Maxim, whichMaxim. 2I do not mention as alwayes undeniable; but when there is no lawful Magiſtrate 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.


There is another Maxim, which is notMaxim 3queſtioned by any, and it is, Neceſſity has no Law; For even the Moral Law of God yields to it, and Chriſt's Diſciples in David's exam­ple: For this Seneca ſays, Neceſſity (the defence of humane imbecility) breaks every Law; Nam neceſſitas Legum irridet vincula, Neceſſity ſcorns the fetters 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 David's 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 forreign ſword amongſt you, you must ſubmit to them, much more then to him who is your brother, and one of your own Nation.

There is another Maxim, (my Lord) InterMaxim 4arma 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.

Another Maxim, Ex duobus malis minimumMaxim 549eligendum eſt cum unum eorum negunt evitari, ſayes Ariſtotle, Cicero, and Quintilian, cum diverſa mala inter ſe comparantur minimum eorum locum boni occupat.

There is another Maxim, No man's Intenti­onMaxim 6muſt 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.

I ſhall only add another Maxim, It cannotMaxim 7be 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:

The firſt Conſideration is, That there is dif­ferentConſider. 1conſiderations to be had of ſubjects acti­ons when their lawful Magiſtrate is in the exerciſe of his Authority by himſelf, or o­thers lawfully conſtituted by him, and when there is no King in Iſrael.

The ſecond is, That there is a differentConſider. 2Conſideration betwixt the ſubjects actions, when the lawful Magiſtrate is in the Nati­on, and when he is put from it, and ſo for­ced to leave the people to the prevalent pow­er of a Forreign Sword, and the Invader in poſſeſſion of Authority.

Thirdly, That there is a difference betwixtConſider. 3ſubjects actions, even with the Invading U­ſurper,fter the Repreſentatives of a Nation50 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.

Fourthly, The actions of Subjects are toConſider. 4be conſidered, when aſſiſting the lawful Ma­giſtrate to their power, and never ſubmitting to the invading Uſurper until they were pri­ſoners, and could do no better.

That there is likewiſe conſideration to be had of the actions of ſuch ſubjects, being ſtillConſider. 5priſoners upon demand under Articles to that purpoſe.

Sixtly, It is to be conſidered likewiſe ofConſider. 6the actions of ſuch a ſubject, who was parti­cularly noticed and perſecuted by the Inva­ders, for his affection to the lawful Magiſtrate and his Government.

Seventhly, It is to be conſidered, That thereConſider. 7is 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.

Eightly, It is to be conſidered, That thereConſider. 8hath ever been a favourable conſideration had, by any Prince, of any perſon coming voluntarily, and caſting himſelf upon a Prin­ces clemency.

Ninthly, It is to be conſidered, That hisConſider. 9Majeſty himſelf hath a gracious natural in­clination unto Clemency and Mercy, which51 hath been ſo abundantly manifeſted to his ſubjects in England, even to all (except to ſome of the immediate 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 Protection; 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 ſutable to the Armes he bears as King of Scotland, which is the Lyon, whoſe Motto is known to all,

Nobilis est ira Leois
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.


To my Lord Commiſſioner His Grace, and High Court of Parliament.

FORASMUCH as I Archbald Marqueſs of Argyle, am accuſed of Treaſon at the inſtance of His Majeſties Advocate before the High Court of Parliament; and be­ing altogether unwilling to appear any way in oppoſition to his Sacred Majeſty; conſidering alſo that this is the firſt Parliament called by his Majeſty after his happy Re­turn to his Kingdom and Government, for Healing and Repairing the diſtempers and breaches made by the late and long Troubles; I have therefore reſolved that their Conſultations and Debates about the great Affairs and Concernment of his Majeſty and this Kingdom ſhall have no interruption upon occaſion of any Proceſs againſt me; I will not repreſent the fatality and contagion of theſe times, wherein I, with many others in theſe three King­doms have been involved, which have produced many ſad conſequences and effects, far contrary to our intentions. Nor will I inſiſt upon the defence of our actings in this Kingdom before the prevailing of the late Uſurpers, which (if examined according to the ſtricteſt interpretation, and ſevereſt cenſure of Law) may be eſteemed a Treſpaſs of his Majeſties Royal Commands, and a Tranſgreſſion of the Law; But (notwithſtanding thereof) are by his Majeſties clemency covered with the vail of Oblivion by divers Acts of Parliament, and others, to that purpoſe, for the ſafety and ſecurity of his Majeſties ſubjects: And that my actings ſince, and any compliance with ſo prevalent a Power, (which had wholly ſubdued this, and all his Majeſties other Dominions, and was univerſally acknowledged) may be54 looked upon as acts of meer neceſſity, which hath no law; and it is known that during that time I had no favour from theſe Uſurpers.

It was inconſiſtent with, and repugnant to my Intereſt, and cannot be thought (unleſs I had been demented and void of reaſon) that I ſhould have had freedom or affecti­on to be for them, who being conſpired enemies to Mo­narchy, could never be expected to be friend or tolerate Nobility. And whereas that moſt horrid and abominable crime of taking away the precious life of the late King of ever glorious memory, is moſt maliciouſly and falſly char­ged upon me; If I had the leaſt acceſſion to that moſt vile and hainous crime, I would eſteem my ſelf unworthy to live, and that all higheſt puniſhments ſhould be inflicted upon me; But my Witneſs is in heaven, and my Record on high, that no ſuch wicked or diſloyal thought ever en­tered in my heart. But chuſing to ſhun all debate, rather then to uſe any words or arguments to reaſon with his Ma­jeſty, whom though I were righteous, yet would I not anſwer, but would make my ſupplication to my Judge. And therefore (without any excuſe or vindication) I do in all humility throw my ſelf down at his Majeſties feet (and before his Grace his Majeſties Commiſſioner, and the honourable Eſtates of Parliament) & do ſubmit and be­take my ſelf to his Majeſties mercy; And though it be the great unhappineſs of theſe times (the diſtempers and failings of theſe Kingdoms being ſo epidemick and uni­verſal) that his Majeſty ſhould have had ſo much occaſion and ſubject of his Royal Clemency; yet it is our great happineſs, and his Majeſties high honour, that he has ex­preſt and given ſo ample teſtimony thereof, even to thoſe who did invade his Majeſty and this Nation, for no other cauſe then for their faithful and loyal adherence to his Majeſty, and his juſt Royal Intereſts; which renders his Majeſties goodneſs incomparable, and without parallel, and gives me confidence, that his Grace his Majeſties Com­miſſioner,55 and the Honourable Parliament, of their own goodneſs, and in imitation of ſo great and excellent a pat­tern, will compaſſionate my condition; and ſeeing it is a ſpecial part of his Majeſties Soveraignty and Royal Prero­gative, to diſpenſe with the ſeverity of the Laws, and that it is a part of the juſt Liberty and Priviledge of the Sub­jects, That (in caſes of greateſt extremity and danger) they may have recourſe to his Majeſty as to a Sanctuary and Refuge.

It is in all humility ſupplicated, That the Lord Com­miſſioners Grace, and the Honourable Parliament, would be pleaſed favourably to repreſent my caſe to his Majeſty, and that the door of his Royal mercy and bounty, which is ſo large and patent to many, may not be ſhut upon one, whoſe Anceſtors for many ages (without the leaſt ſtain) have had the honour (by many ſignal proofs of their loyal­ty) to be reputed ſerviceable to his Majeſties Royal Pro­genitors in the defence of the Crown, and this his ancient Kingdom; and if his Majeſty ſhall deigne to hold out the golden Scepter of his Clemency, as an indelible character of his Majeſties Royal favour, it will lay a perpetual obli­gation of all poſſible gratitude upon me and my poſterity, and will ever engage and devote us entirely to his Maje­ſties ſervice: And the Interceſſion of this honourable Parliament on my behalf to his Gracious Majeſty, will be a real evidence of their moderation, and they ſhall be truly called a Healing Parliament; and God whoſe Mercy is above all his works, ſhall have the honour and glory which is due to his great Name, when mercy triumphs over Ju­ſtice.


THe foreſaid Submiſsion being read, the Lords of Articles would give him no preſent Anſwer; But reſolved to Report the ſame to the Parliament the morrow.


Edinburgh. Martii 6. 1661.At the Parliament.

MY Lord Chancellor having Reported what had been done the former day be­fore the Lords of Articles anent the Marqueſs of Argyleis Proceſs, preſented his Submiſſion, which was immediately read; and after a long debate the firſt Queſtion was ſtated;

If it was ſatisfactory, or ſhould be accepted or not.

The ſecond Queſtion was, Whether they ſhould proceed preſently in his Proceſs, without regard to his Submiſſion or not?

Both which were carried in the Negative againſt him. Then he was brought to the Bar, and the Lord Chancellor told him, That his Submiſſion was rejected, and that notwith­ſtanding thereof, the Parliament commanded him to give in his Defences. He Replyed, That his caſe was very hard to be debarred from that which was his juſt Priviledge, and of all Subjects, in ſuch extremities to refuge themſelves at his Majeſties Mercy and Cle­mency; and that as it was the undeniable Priviledge of the Subject, ſo alſo it was a ſpe­cial Prerogative of his Majeſty, and the gran­deur58 of it conſiſted much in the eminency of the ſubject, whom his Majeſty ſhould graci­ouſly be pleaſed to extend his mercy unto: And beſides many other ſtrong perſwaſions that encouraged his Submiſſion, his Majeſties own Proclamation (which he acquieſces in) wherein his Majeſty is graciouſly-pleaſed to Declare, That his juſt Intereſt, and Royal Prerogative being firſt aſſerted, and tryal on­ly taken of his Subjects carriages, then he is moſt willing to paſs an Act of Indempnity to ſecure them. And the like being already done in our neighbouring Nation, and his Majeſty having performed his Royal promiſe there al­ready, he deſired that their ſtudy might be to imitate his Royal pattern; conſidering, that as it was a practiſe moſt agreeable to his Ma­jeſties clement Inclination, ſo alſo, that as Solomon that wiſe King ſaid, That the King's Throne is eſtabliſhed by Righteouſneſs and Mer­cy: He entreated therefore their Lordſhips ſeriouſly to confider his condition, and not to ſingle him out, and aim at his ruine, and not only his, but alſo (he feared) both his Family and Name, their ruines alſo.

As for giving in his Defences preſently, he told, That the confidence and firm hope he had that his Humble Submiſſion ſhould have been accepted, and ſo cut off totally all fur­ther trouble either to their Lordſhips or him­ſelf, made him the more ſecure and ſlack, not reſolving to lean to them, or any way (as he59 had expreſt in his Submiſſion) make uſe of them, though he were altogether innocent: and if he were neceſſitated to make uſe of his Defences (as he declared he was moſt un­willing to do,) it ſhould be ſimply in obedi­ence to their Lordſhips commands, and no otherwiſe.

Not having fully ended, The Chancellor told him, If his Lordſhip had them not in rea­dineſs at that time, to have them ready to give in to the Lords of Articles the morrow. So he was returned to the Caſtle.


March 7. 1661.At the Lords of Articles.

BEing called before the Articles to give in his Defences, he declared that he had ſeen their Lordſhips Order, That he might forbear his coming, if he would produce his Defences; therefore he told their Lordſhips ingeniouſly, that if he had them in readineſs, he would neither have troubled their Lordſhips nor himſelf; for having a Petition ready to deſire a delay, he thought it rather his duty to come and propoſe it himſelf, hoping their Lordſhips would conſider, that his preſenting his Defen­ces either lame and wanting ſomthing, or blot­ted, ſo as they could not be well read, was a very great prejudice to him; but a delay of a few dayes, was no prejudice at all to any thing my Lord Advocate could ſay; and therefore hoped their Lordſhips would not refuſe him ſome competent time, whereby he might have them in readineſs. Upon the which he was removed, and after ſome debate being called in again, my Lord Chancellor told his Lordſhip in one of the Articles, That he was ordered to give in his Defences before Monday at ten a clock to my Lord Advocate, otherwiſe the Lords of Articles would take the whole buſi­neſs to their conſideration, without regard to any thing he could ſay.


The Advocate told his Lordſhip, that he muſt give in his whole Defences: To which he anſwered, That that was a new form to give in peremptory Defences before the diſcuſſing of relievances; whereupon Sir John Bychmore did riſe up, and told his Lordſhip, That he was commanded to inform him, that there was a different way betwixt a Proceſs in Writ, and the ordinary way before the Seſſion, or chief Juſtice. To which his Lordſhip anſwered, That he was very ill yoked with ſo able men; but he muſt tell them, that he had once the honour to ſit as Chief Juſtice in this City, and he knew the Proceſs before them was in Writ, and yet the relievance was alwaies firſt anſwered, be­fore any peremptor proponed, for relievance is most to be conſidered in criminals. Sr. John The­reſter ſaid, and ſo did the Advocate, That it was his Lordſhips advantage to give in as ſtrongly his Defences as he could, otherwiſe the Advocate might refer the whole buſineſs to the Judge, and make no other anſwer. His Lordſhip replyed, That he would do in that by advice of his Lawyers, and hoped any Or­der of their Lordſhips at preſent, was without prejudice to his giving in more Defences af­terwards, ſince he was ſo ſtrainted with time, and commanded to give in what was ready: His Lordſhip likewiſe added, if their Lordſhips and the Parliament had been pleaſed to grant his deſire of a Praeeognition, which was agree­able (as he humbly conceived) both to Law62 and Practice, and his Majeſties Proclamation, (which he acquieſced in) it could not but have been the readieſt way for trying his carriage during the late troubles; where now of ne­ceſſity he muſt in the Proceſs (which he hopes will not be refuſed) crave one way for excul­pation in many particulars; for he both was reſolved, and is reſolved to deal very ingeni­ouſly, as to matter of Fact; and if that had been firſt tryed (which he was moſt deſirous of, both from the Committee, and ſince from the Parliament) he is hopeful there would not remain ſo much prejudice againſt him in the moſt part of things of greateſt concernment in his Libel; and for his own part, he deſired nothing more then the truth to have place, do with his perſon what they pleaſed; for by the courſe of Nature he could not expect a long time to live, and he ſhould not think his life ill beſtowed, to be ſacrificed for all that had been done in theſe Nations, if that were all.

Thereafter he was returned to the Caſtle.

About this transcription

TextThe grand indictment of high-treason. Exhibited aginst the Marquess of Argyle, by His Maiesties Advocate. To the Parliament of Scotland. With the Marquesses answers. And the proceedings thereupon.
AuthorArgyll, Archibald Campbell, Marquis of, 1598-1661..
Extent Approx. 61 KB of XML-encoded text transcribed from 21 1-bit group-IV TIFF page images.
SeriesEarly English books online text creation partnership.
Additional notes

(EEBO-TCP ; phase 2, no. A85521)

Transcribed from: (Early English Books Online ; image set 169374)

Images scanned from microfilm: (Thomason Tracts ; 162:E1087[1], 162:E1087[2])

About the source text

Bibliographic informationThe grand indictment of high-treason. Exhibited aginst the Marquess of Argyle, by His Maiesties Advocate. To the Parliament of Scotland. With the Marquesses answers. And the proceedings thereupon. Argyll, Archibald Campbell, Marquis of, 1598-1661.. 16 [i.e. 23], [3], p.59, [2] p., p.60, p.56, [1]p., 31-62 p. Printed for the satisfaction of all those that desire to know the truth,[London] :1661.. (Place of publication from Wing.) (Numerous errors in pagination; text continuous.) ('The Marquess of Argyle his petition to the Parliament of Scotland' has its own title page.) (Annotations on Thomason copies: Thomason E.1087[1]: "Aprill 10"; Thomason E.1087[2]: "Aprill 10".) (Reproduction of the original in the British Library.)
  • Argyll, Archibald Campbell, -- Marquis of, 1598-1661.
  • Treason -- England -- Early works to 1800.

Editorial statement

About the encoding

Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.

Editorial principles

EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database ( The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.

EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (

The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.

Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.

Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.

Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.

The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.

Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).

Keying and markup guidelines are available at the Text Creation Partnership web site.

Publication information

  • Text Creation Partnership,
ImprintAnn Arbor, MI ; Oxford (UK) : 2014-11 (EEBO-TCP Phase 2).
  • DLPS A85521
  • STC Wing G1498
  • STC Thomason E1087_1
  • STC Thomason E1087_2
  • STC ESTC R208330
  • EEBO-CITATION 99867288
  • PROQUEST 99867288
  • VID 169374

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.