THE Marquis of Argyle HIS PETITION TO THE PARLIAMENT OF SCOTLAND; Craving a Precognition of his Case, Containing many weighty Reasons urging the necessity thereof.  
Presented to the Parliament February 12. 1661.  
LONDON, Printed in the Year 1661.   

To my Lord Commissioner his Grace, and Honourable Estates of Parliament.  
The Humble Petition of Archbald Marquis of Argyle.  
Humbly showeth,  
THAT for as much as the Petitioner can with a safe conscience affirm, and solemnly protest, that  his actings or accession has been in relation to public business since the beginning of the troubles, till his Majesty's departure hence in the year 1651. though he will not purge himself of errors, failings, and mistakes, both in judgement and practice incident to humane frailty, and common to him, if not with the whole, at least with the greatest part of the Nation; yet in one thing, though he were to die, he would still avouch and retain his innocency, that he never intended any thing treasonably, out of any pernicious design against his Majesties late Royal Father of ever glorious memory, or his present Majesty, (whom God may long preserve) their Persons or Government; but endeavoured always to his uttermost for settling the differences betwixt their Majesties and the people: And as to any actings before the year 1641. or from the said year, till his Majesty's being in the Parliament at Perth and Sterling, your Petitioner did with a full assurance rely upon his gracious Majesty, and his Royal Father, their Treaties, Approbation, Oblivion, and Indemnity for what was past, and firmly believed lieved that the same should never have risen in judgement, or that the Petitioner should have been drawn in question therefore; and during his Majesty's absence, and being forced from the exercise of his Royal Government by the late Usurpers, and long after that the Nation by their Deputies had accepted of their authority and government, and they in possession, the Petitioner was forced to capitulation with them, being in their hands, and under sickness, and the same was after all endeavours used, according to the duty of a good subject, and upon the Petitioners part, so innocent and necessary for self preservation, without the least intention, action, or effect to his Majesty's prejudice; That albeit upon misinformation (as the Petitioner humbly conceives) his actings and compliance both in their designs and quality have been misrepresented, as particularly singular and personal, stating the Petitioner in a degree of guilt beyond others, and incapable of pardon, the same have so far prevailed upon his Majesty, as to cloud and damp the propitious and comfortable rays of his Royal Grace and Favour, and have strained his gracious Inclination beyond its natural disposition of clemency expressed to his other subjects, to commit the Petitioners person, and give way to the trial of his carriage and actings; yet so firmly rooted is the Petitioners persuasion of his Majesty's Justice and Clemency, and that He intends the reclaiming, and not the ruin of the meanest of his subjects, who retain their loyalty, duty, and good affection to his Person and Government, that upon true and right representation of the Petitioners carriage and actings, he shall be able to vindicate himself of these aspersions, and shall give his Majesty satisfaction, at least so far, to extenuate his guilt, as may render him a fit object of that Royal Clemency, which is of that depth, that having swallowed and passed by not only Personal, but National guiltiness, of much more deep a dye as any the Petitioner can be charged with, or made out against him; and so will not strain to pass by and pardon the faults and failings of a person who never acted but in a public joint way, without any sinistrous or treasonable defigne against his Majesty, or his Royal Father, and against which he can defend himself either by acts of approbation and oblivion in verbo principis, which he conceives to be the supreme, sacred, and inviolable security, or which he was forced to much against his inclination, by an insuperable necessity. And albeit his Majesty's grace and favour is strictly tied to no other rule but his Royal Will and pleasure, yet his Majesties so innate, essential and inseparable a quality of his Royal nature, that the Petitioner is persuaded in all humane certainty, that the leaving and committing to his Parliament (as is expressed in his Majesty's Declaration of Octob. 12. last by past) the trying and judging of the carriage of his subjects during the late troubles, as indeed it is in its own nature, and aught to be so accepted of all, as an undoubted evidence of his Majesty's affection to, and confidence in his people; so no other trial or judging is therein meaned, but a fair, just, legal, and usual trial, without any prejudice, passion, or prelimitation, or precipitation; like as by the said Declaration there was a freedom for all the people interessed, to make their application to the Parliament, or in the mean time to the Committee, from whom only his Majesty is pleased to declare he would receive address & information: And seeing it was the Petitioners misfortune during the sitting of the said Committee, to be prisoner in England, whereas if he had been prisoner here in Scotland, he would have made application to them, and would have craved, and in justice expected that precognition might have been taken by them, to whom the preparing and ordering of that affair (to wit, anent the trial of the subjects carriage during the troubles) was recommended, that the Petitioners absence, which was his punishment, not his fault, may not be prejudicial, seeing the Petitioner has lately received two several ditays wherein there be many crimes grossly false, with all the aspersions and aggravations imaginable laid to his charge, importing no less than the loss of his life, fame, and estate, and the ruin of him and his posterity, which he is confident is not intended by his Majesty; and that by the law and practice of this Kingdom, consonant to all reason and equity, the Petitioner ought to have upon his desire a precognition for taking the deposition of certain persons, which being frequently and usually practised in this Country, when any person is defamed for any crime, and therefore incarcerate before he was brought to a trial, at his desire precognition was taken in all business relating thereto, which the Petitioner in all humility conceives aught much more not to be denied to him, not only by reason of respect to his quality, and of the importance and consequence thereof to all his Majesty's subjects of all quality in all time coming, but also, in regard it has been so meaned and intended by his Majesty's Declaration foresaid, like as the manner of the crimes objected being actings in times of wars and troubles, the guilt thereof was not personal and particular, but rather National and universal, and vailed and covered with acts of indemnity and oblivion, and so tender and ticklish, that if duly pondered after a hearing allowed to the Petitioner, in prudency and policy will not be found expedient to be tossed in public, 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 Majesty's 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.  
Upon 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, etc.   

Edinburgh, Febr. 12. 1660.  
This Petition being read, was refused.