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A85521 The 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. 1661 (1661) Wing G1498; Thomason E1087_1; Thomason E1087_2; ESTC R208330 18,827 40

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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 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 own 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 derog●tive 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 the 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 Committe●es 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
a perfect Vnity 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 Leo●is 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 March 5. 1661. 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 be 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 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 Argyle ●is 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