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A41757 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. 1661 (1661) Wing G1498A; ESTC R218495 26,442 24

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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 viola●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