Edinburgh at the Parliament-House 13 February 1661, Proceedings 1
Edinburgh, At the Parliament-Houſe, February 13. 1661.
THe, Marqueſs of Argyle (being accuſed of High Treaſon, at the inſtance of Sir John Fletcher, his Majeſties Advocat for his Intereſt) was brought to the Bar: His Lordſhip humbly deſired but to ſpeak a few words before read-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 Advocats give in to the Lords of the Articles, (deſiring a precognition, with many reaſons urging the neceſſity 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 Marqueſs (being put off his firſt thoughts) was compelled to this extemporary Diſcourſe following, as it was faithfully collected from ſeveral Hands, who writ when his Lordſhip ſpoke.
May it pleaſe your Grace,
MY Lord Chancellor, 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 Mephiboſheths anſwer to David, (after a great Rebellion, and himſelf evil reported of) ſaith he, 2 Sam. 19.30. Yea, let him take all, for as much as my Lord the 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 Indemnity, granted to all his Majeſties Subjects, (excepting ſome of the immediat Murderers of his Royal Father) to eradicate any timorous Jealouſies of his Majeſties gracious 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 find, 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 Practices 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 jointly [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, Acts 24.14, 15, 16. as I have my Lord Advocat; Paul's was Hereſie, 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 patient 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*Sir Walter Raleighs Preface to to the Hiſtory of the World. writes, ſays he,] As we ſee in experience, That Dogs they always bark at them they know not; and that it 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 intreat your Lordſhip likewiſe to conſider the words of another notable man,*Speed in his Hiſtory. who ſays, As the tongues of Paraſites 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 Envy or Rancour; which do always attend 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, Pſal. 130.3. if he ſhould mark iniquity, who 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 miſconſtruction 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 doublteſs have various apprehenſions of my being preſent in this condition,] that I am here rather 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 mind; and misfortunes, ſuch things as are done with a good mind, 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 ſucceſfull (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 ſuccesfull: for the truth of this, I may, I hope, ſafely appeal to many in this Honourable Houſe, who can abundantly witneſs my faithfull and Loyal Endeavours for both my King and Native Country: whereof I ſhould be very ſparing to be an Herauld 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 unparrallel'd Murder of his late Royal Majeſty of eternally bleſſed Memory; I do here publickly 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 of the Parliament Books 1649, whereof I was the firſt ſtarter my ſelf, to the intent we might both vindicate ourſelves, 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 anno 1655 or 1656, fearing what poſſibly might hereafter be obtruded by any upon me or my Family upon that account, 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 you 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 monſtruous Uſurper, Oliver Cromwel, in the face, nor ever had the leaſt correſpondence with him, or any of that Sectarian Army, untill 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; only one letter I received from Sir Atrhur Heſilrig, to which I returned anſwer, That he might ſpare his pains in writing to me, for I bleſſed the Lord who 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 publick Parliament 1647. The Commiſſioners papers at London, and the 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 immediatly preceeding, 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 Lybel now read, than any that is in it.
The third Calumny is, That which breeds a great part of theſe groundleſs Clamours (tho it be not in the Indictment) is my Lord Marquis of Huntly'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 lybelled; 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 Forefeitures of Bonds, and accompted for anything I could receive; and to manifeſt yet furder, that the burden of that Family was not from any extrinſick cauſe to themſelves, I have under the old Marquis his own hand, and his Sons, George Lord Gordon, who was a very worthy young Nobleman, the juſt Inventory of their Debts, amounting to about one million of Merks, 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 Marquis of Montroſe; 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 ſofar 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 know to all, proved very obnoxious to the Kingdom thereafter.
The fifth Calumny is concerning my dealing with the Engliſh after Worceſter ſight; It is well known, my Lord, to many, that my ſelf, and the Gentlemen of Argyleshire, my Kinſmen, Vaſſals and Tennents, 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 immediatly publiſh, as a very notable Diſcovery, in their news Books; which occaſioned two ſad diſad vantages 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, Overtouns and Reads, and very near the number of one of Horſe, under the Command of one Blackamour, were ſent to Argyle, and when Dean came there, it pleaſed God to viſit me with a great diſtemper of ſicknes, as Doctor Cunninghame, 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 abolutely 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 continued 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 Superiors in Scotland. It may be rationally preſumed, that I had been a very ſenſeleſs 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 ſays I was too earneſt in) Yea, it being abſurdly derogative 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 adherence to the Crown at all occaſions (as the Records and Hiſtories of this antient 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 Rumours ſpread abroad of Cromwels being made a King, as ſome here preſent can witneſs: 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 Governments Ruine, and promote his Majeſties juſt intereſt the more. My Lord, I ſhall not much blame my Lord Advocat 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 Maſs of the common Claſhes of the Country, thereby to deviſe miſconſtructions of all the publick actings, of both Parliaments and Comittees, 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 days, to anſwer them, being an exceeding diſadvantage. But my Lord, that's not all, I am like wiſe extreamly troubled, that he labours in that Libel all along to draw an obſcure vail of perpetual oblivion over all my good ſervices; and ſpecially my faithful and loyal endeavours in reſtoring of his Sacred Majeſty to the Crown of this his moſt Antient Kingdom of Scotland, and the exerciſe of his Majeſties Royal Authority therein, with my cordial endeavours 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 Sovereign, and ſpecially ſuch a King of whom I may ſay well [as I have often affirmed] That he is a King in whom the Lord has been pleaſed to take ſuch pleaſure, as to poſſeſs his Majeſty with ſo many ſuperlative degrees of Excellency, that will certainly exalt his Majeſties Fame both in our Age, and to ſubſequent Poſterity, above all the Monarchs in the World; ſo, that my Lord, we may conſequently diſcover a high Demonſtration of the Lords ſingular Kindneſs, and ſpecial 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 may 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 Moure, 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.