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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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Petitioner in prudency and policy will not be found expedient to be tossed in publick or touched 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 Vpon 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. Edinburgh Febr. 12. 1660. 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 Flo●cher 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 necess●ty 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 hi● first thoughts was compelled to this extemporary discourse following as it was faithfully collected from several hands who writ when his Lordship spoke May i● please 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 M●phi●●sh●ths answer to David after a great Rebellion and himself evil reported of saith he Yea let him take all for as much as my Lord the 2 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 Majestie● g●●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 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 patien● hearing not doubting but the wisdom and goodness of the Parliament will be so favourable and not as the inconsiderate multitude as a learned and able man writes says he As Sir 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 Parasites Speed in his H●story 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 a●tend 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 who Psal 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 here ●ather as my misfortune nor my injury wherein I desire 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 Ann● 1655. or 1656. fearing what possibly might hereafter be obtruded by any upon me or my family upon that 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 publique 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