Selected quad for the lemma: judgement_n
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A41757
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The grand indictment of high-treason against the Marquess of Argyle, at the instance of His Majesites advocat: exhibited to the Parliament of Scotland, with an account of what hath followed since thereupon.
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1661
(1661)
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Wing G1498A; ESTC R218495
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26,442
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24
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providential care for us his Majesties Subjects in preserving such a rich Blessing as his Sacred Majesty in whom the Happiness of these Nations is wrapt up under the safe Wings of his Divine Protection I may say Psal 56.2 even when the extravagant malice of men would have 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 Chancellor My Lord what can the Marquiss of Argyle say to the opposition at Stirling in anno 1648. The Marquiss replyed That he found my Lord Advocat endeavoured to bring him to debate the particulars which he hoped should be cleared at another more convenient time and waved answering the thing it self but insisted thus My Lord Chancellor 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 circumstantiat 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 Advocats your Lordship was pleased to allow me have not yet all embraced and the excuses of my ordinary Advocats in whom I had confidence being admitted as relevant And thir 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 imbraced till within these two or three days So that they are strangers altogether to my case I shall therefore my Lord humbly desire that a competent time may be allowed me that I my prepare my Defences and I shall God willing abundantly clear every particular in that Libel And also my Lord I humbly desire that these other Advocats 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 me The Marquiss his Advocates entered 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 Marquiss their Client might not thereafter be obtruded to them as Treasonable whereupon they took instruments The Marquiss 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 Marquiss and his Advocats to remove till the House should consider both of my Lords desire and the Advocats Protestation The Marquiss and his Advocats being removed The House after some small debate resolved as to my Lord Marquiss 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 Advocats As to the Advocats Protestation the House resolved That they could not be allowed to speak Treason either by word or Writ but upon their peril only allowed them in the general as much as in such cases was indulged to any The Marquiss and his Advocats being called in my Lord Chancellor intimated the foresaid Resolutions of the House both in reference to my Lord Marquiss and to the Advocats Protestation When my Lord Chancellor had done the Marquiss spoke as followeth My Lord Chancellor THere is one thing that had almost escaped me anent that opposition at Stirling 1948. That my Lord Advocate was speaking of That it may not stick with any of this honourable meeting I shall ingenuously declare that after the Defeat at Prestoun 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 Stirling fearing no harm and suspecting nothing I was Invaded by Sir George Monro where several of my Friends were killed and my self hardly escaped which is all that can be said I acted in Arms as many here knows My Lord Not that I am any ways diffident but I shall in due time clear every particular of that Libel 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 conceal a possibility if not a probability 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 Marquiss 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 plene 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 Edinburh March 5. 1661. At the Parliament House The Marquiss 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 a 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 Business 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 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 Libel 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 until 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 than Morals for as Grotius has it the Mathematicks separates Forms from Matters as
The Grand INDICTMENT OF HIGH-TREASON Against the Marquess of Argyle AT THE Instance of His Majesties Advocat EXHIBITED To the PARLIAMENT of SCOTLAND WITH An Account of what hath followed since thereupon Printed for the Author 1661. ADVERTISMENT READER THis Grand Indictment differs onely in two or three Articles from the other printed Charge at the instance of Sir James Lamond The Grand INDICTMENT OF High-Treason Against the Marquess of Argyle ARCHIBALD Marquess of Argyle you are indicted and accused and are to answer at the instance of Sir John Fletcher Knight His Majesties Advocate for His Majesties interest That whereas by the Laws of God expressed in Holy Writ by the Laws of Nations by the common Law and by the municipal Laws and Practice of this Kingdom especially by the third Act of the first Parliament of King James the first and by the first act of King James the 6 Parl 18. of blessed memory and by several other acts of Parliament all good and loyal Subjects of this Kingdom are bound and obliged perpetually to acknowledge obey maintain defend and advance the Life Honour Safety Dignity Soveraign Authority and Prerogative Royal of their Soveraign Lord and King their Heirs and Successors and priviledge of their Crown with their lives Lands and Goods to the utmost of their Power constantly and faithfully to withstand all and whatsoever Persons or Estates who shall presume preass or intend any ways to Impugn Prejudge or Impair the same and shal no way Intend Attempt Enact or do any thing to the Violation Hurt Derogation Impairing or Prejudice of His Highness Soveraign Authority Prerogative and Priviledge of His Crown or any point or part thereof And whosoever doth the contrary to be punished as Traytors and to forfeit their Lives Lands and Goods Likewise by the 25 Act of the 6 Parl. of K J. 2. and by the 75. Act of the 9 Parl. Q. M. All rising in fear of War against the Kings Person or Majesty All attempting to raise any band of men of War Horse or Foot in warlike posture without special licence of the Kings Majesty and all suppliers of them in help Redress or Counsel are punishable as Traytors Likewise by the 43. Act of the 3 Par. K. J. 1. and by the 134 Act of the 8. Parl and by Act 10. of 10. par and by the 205 Act of 14. Par. of K. J. 6. It is Statute and ordained That no Subject of whatsoever function degree or quality shall presume or take upon him publickly or privately to declaim speak or Write any purpose of reproach slander disdain or contempt of His Majesties Person Estate or Government or tending to the dishonour hurt or Prejudice of His Highness his Parents or Progenitors Or to meddle in the Affairs of His Highness and his Estate present by-gone or in time coming nor to deprive his Laws and Acts of Parliament nor misconstrue his proceedings whereby any mislikeing may be moved betwixt the Kings Majesty His Nobility and loving Subjects under the pain of losing their Lives Lands and Goods and others therein contained As also all hearers of any such leasings slanderous speeches or words and concealers thereof without apprehending of the Authors if it lye in their Power as reveal not the same to his Majesty or such of his Judges or Officers and are mentioned in the said Acts are liable to the like punishment as the principal Offenders Likewise by the 130 Act of the 8. parl of K. J. 6. it is statute and ordained That none of His Majesties Leiges and Subjects presume or take upon hand to impugn the Dignity and Authority of the Estates of Parliament or to seek or procure the innovation or diminution of the Power and Authority of the same under the pain of Treason Likewise by the last Act of the 3 Par. of K. J 5. and by the 33. Act of the first Par. of K. J. 6. all burning of Houses or Corn and wilful fire rising is declared Treason and the Committers thereof are to be Punished Likewise by the 51. Act of the 11 par of K. J. 6. It is statute and ordained That the murther and slaughter of what somever His Majesties Leiges where the party slain is under the Trust Credit Assurance and Power of the slayer all such murther and slaughter shall be Treason and the Persons found culpable shall forfeit Life Lands and Goods Likewise by the 37. Act of 2. parl K. J. 1 and by the 144. Act of the 12. Parl K. J. 6. All Receivers Suppliers or Intercommoners with any Traytors are punishable by forfeiture as the Traytors themselves Likewise by common Laws and practice of this Kingdom all Concealers and not Revealers of any malicious purpose of putting any violent hands on the sacred person of our Dread Soveraign the Kings Majesty or purpose of killing or putting him to Death and all Advisers Counsellors Aiders Abettors or Havers of any accessions there to are punishable as Traytors Nevertheless 't is of verity that you the said Marquess of Argyle having laid aside all fear of God Loyalty to His Sacred Majesty and to His Royal Father of ever blessed Memory natural Duty and Affection to your native Countrey and Countrey men and respect and obedience to the Laws of all well governed Realms the Common Law and the Laws Statutes Acts of Parliament and practices of this Kingdom and having trayterously intended and purposed the eradicating and subverting the fundamental Government of this Kingdom At least the enervating violaâ—ing derogating or impairing the Soveraign Authority Royal Prerogative of his Majesty and priviledge of the Crown You for carrying on of your said wicked purpose having gathered and convocated together in a hostile manner a great many of your Friends Servants Vassals Followers and others of His Majesties Leiges without any warrant licence or Command from His Majesty and therewith under pretext of opposing such as by you were the nicknamed Anti Covenanters and opposers of the work of Reformation but who indeed were faithful Assertors of his Majesties lawful Authority having marched to the foard of Lyon in Athol in the month of _____ 1630 _____ there did in your tent and in presence of a great many Gentlemen and others publickly declare That it was the opinion and Judgement of many Divines and Lawyers that a King may be deposed for desertions venditions and invasions And that howbeit that your words were in abstracto from any King yet that the sense and meaning thereof might appear to be of the then Kings Majesty your dread Soveraign you immediately did subjoyn and say to the late Mr. John Stuart of Ladiwel And Mr. John you understand Latine Likewise considering the condition of the Kingdom and the oppositions that a great many of the People were in to His Majesty particularly you the said Marquess and your Complices and Followers it is clear that the said words did not only treasonably reflect upon Kingly Government as being subject to the People who might