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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