THE LAST Proceedings OF THE PARLIAMENT in SCOTLAND, Against the marquis of ARGYLE.  
TOGETHER, With the SPEECH and DEFENCE of the said marquis, In Vindication of himself from the Aspersions of his having a hand in the DEATHS Of 

His late MAJESTY,  
James Duke Hamilton,  
marquis Huntley,  
marquis of Montross.    
And of his Dealing with the ENGLISH after WORCESTER Fight.  
London, Printed by T. M. for T. J. 1661.   


AT THE Parliament House in Edinburgh, March 13. 1661.  
The Parliament being all Convened,  
THe Marquis of Argyle, being Accused with High Treason, at the Instance of Sir J. Fletcher, His Majesty's Advocate, for his Interest was brought to the Bar; his Lordship desired to speak but a few words before Reading the Indictment, assuring to speak Nothing in the Cause itself. Whereupon his Lordship was Removed a little; and after some small Debate, the House Resolved, that the 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 Necessity of it; to which he had Received no Answer) might be Read before the Indictment; which being likewise Refused, the Indictment was Immediately Read; after Reading thereof, The Marquis being put off his first Thoughts, made this extemporary Discourse following.   

May it Please your Grace, etc.  
MY Lord Chancellor, Before I speak any thing, I shall Humble 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 a Heart. I shall (my Lord) Resume Mephibosheths answer to David, after a great Rebellion, and himself evil Reported of. Sayeth he, 
a * 2 Sam. 19 30.  Yea let him take all, since my Lord the King is come again in peace to his own House. So say I, since it hath pleased God Almighty, Graciously to Return his SACRED MAJESTY, to the Royal Excercise of his Government over these Nations (to which he hath indoubted Right) and most Unjustly, and Violently, thrust therefrom, by the late Tyrannising 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 such Freedom, this High, and Honourable Court of Parliament are meeting together, under the Refreshing Warm Beams of his MAJESTY'S ROYAL GOVERNMENT, so much longed for, by our almost starved Expectations; and I do earnestly wish his ROYAL Presence upon his Throne amongst us; but since at this time, that great happiness cannot be probably expected; I am glad, that his Majesty's Prudency hath singled out such a Qualified, and Worthy Person as my Lord Commissioners Grace, to Represent himself: whose Unspotted Loyalty to his Majesty, we can all Witness.  
I cannot (my Lords) but acknowledge, that there are two Grand Mercies, which comfortably attend 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 Evindenced by many Noted and Singular Testimonies, in all the Steps of his Majesty's Carriage; as those most Gracious Letters, Declarations, and that Free, and most Ample Act of indemnity, etc. Granted to all his Majesty's Subjects, to Eradicate any Timorous Jealousy of his Majesty's Gracious Pardon; which might happily arise, by serous Reflectings, convincing them Forcibly of their own Miscarriages, in these most unhapy times of Distraction,  
The Effects (my Lords) of which Princely Deportment, I am confidently hopeful, his Majesty hath already Experimentally, and shall futurely find, prove an effectual cement, to conciliate the most Antimonarchich, and Disaffected Persons (excepting some) those Barbarous fanatics) in all his Majesty's Dominions) most willingly to the Subjection of his MAJESTY'S ROYAL SCEPTRE; and with a perfect Hatred 
* Psal. 139. 22.  Abominate all Disloyal Practices in themselves, or others in all times coming.  
The second is, my Lords, when I consider, that my Judges are not such as we had of late (strangers) but my own Country men; both which jointly together with the Royal Sense, and Solid Convictions I had of my Innocency, of these Calumnies most Unjustly charged upon me) Encourages my hopes rather, to expect such dealing, as will most Sympathise with that Clement Humour, (to which his SACRED MAJESTY hath such a Natural propensity) and such equal Administrate Justice, (void of all byassing prejudices) as will be most suitable for such a High, and Honourable Meeting.  
I shall therefore (my Lord) desire to use Paul's answer for himself, being accused of his Countrymen, (I desire not to be mistaken) having a learned Orator (Tertullius) accusing him, as I have my Lord Advocate: Paul's was Heresy, mine of another nature; but I must say with him, 
* Acts 24. 14, 15, 16.  That the things they all laid 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 my Country, (as he said) which they themselves allow.  
Therefore I shall (my Lord) Remember (not with Repining, but for Information) my hard usage, never having had any hearing, nor allowance of Pen, Ink, or Paper, 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 Majesty's 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 able man writes) says he 
a Sir Walt. Rauleighs Preface to the Hist. of the World.  As we see in experience, that Dogs they always bark at those 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 virtue 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 acknowledgeth to be the Father of Lie. 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 likewise your Lordships seriously to consider the words of another Notable Man, 
c Speed in his History.  who says (d) As the Tongues of Parasites are ill Balances to weigh the virtues of Princes, & great Men; so neither ought theirs nor other men's Blemishes be looked upon, as they are drawn with the deformed Pencil of Envy, or Canker, which do always attend Eminency, whether in Place or Virtue. I shall not (My Lord) be so presumptuous, as to Arrogate any thing to myself 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 myself; for as we must all confess to God Almighty, 
* Psal. 130. v. 3.  if he should mark Iniquities, who can stand? Neither shall I say, that there cannot an hole be discovered (as the Proverb is) in my Coat: and it cannot but be so with any, specially such as have laboured in such times and businesses; but I bless the Lord, that in these things which hath been, and are here cast upon me, I am able to make the falsehood, and misconstructions of them palpably appear.  
My Lord, (before I mention any thing in particular) I must show this Honourable Meeting of Parliament, & all that hear me (who doubtless have various Apprehensions of my being present in this condition,) that I am here rather upon the account of Misfortune than Injury, wherein I desire to explain the differences, as Plato and Aristotle do very well, Calling Injuries, such things as are done purposely, and 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 Pinciples to any, though I acknowledge, the events were not still successful, which was my misfortune indeed: But it has been my lot often, in these times, (wherein I, and many others, were inevitably involved by the malicious tongues of my Calumniating Enemies, to be misconstrued for the worst; yea, even in many which 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 a Herald myself, were not the contrary so impudently affirmed.  
There are five main Calumnies, that I desire (My Lord) to satisfy 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, abstracting more from personal prejudice.  
The first Calumny is, My Lord, concerning that Horrid and Unparaleld Murder of his late ROYAL MAJESTY, of Eternal blessed Memory: I do here publicly declare, That I neither desire, nor deserve the least Countenance, or Favour, if I was either accessary to it, or on the Council, or Knowledge of it: which to make clearly appear, is under Oath in the Parliament Books 1649. (whereof I was the first Startour myself) to the intent, we might both Vindicate ourselves, and Endeavour a Discovery, if any amongst us had any accession to that Horrid and Villainous 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 me to posterity, that I was altogether free of that detestable and execrable Crime, or of any prejudice at his Majesty, in either Person or Government. I left this with a very worthy Gentleman, (I believe) well known to your Lordships all, and never saw it since; So your Lordships 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 (among 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 Cromwell in the face, nor never 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 Noble Men, and Gentlemen, to the Borders, in Anno, 1648. to stop his march into Scotland, after those who returned from Preston fight.  
Neither, after he left the Borders 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 Arthur Haslerig; to which I returned Answer, That he might have spared 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 gi●en to Change. Though Sir Arthur be now dead, yet he acknowledged to several in the Tower, that my Letter he still had: and when I was there, I often desired he might be posed, and examined upon it; which I can presently instruct.  
And during (my Lord) my being in England, neither at London, nor Newcastle, in Anno 1647. there was not any thing so much as mentioned, concerning his late Majesty's person: All that ever I heard of it, was in public Parliament 1647. The Commissioners papers at London, and Committee-Books at Newcastle, will clear this fully.  
The second Calumny is, Anent the inhuman 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 on him. But indeed, I cannot deny, I refused to Compliment Cromwell on his behalf; he having (my Lord) been immediately Proceeding so Instrumental, and so very Active in that most Horrid, and Lamentable Murder of his late SACRED MAJESTY. And if I had done otherways, undoubtedly, it had been a more Black Article in that Lybil now Read, than any that's in it.  
The third Calumny is, that which breeds a great part of these groundless Clamours, (though it be not in the Indictment) i● my Lord Marquis of Huntly his death, wherein (I may truly say) I was earnest to preserve him, as possible 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 libeled.  
And my Lord, for his Estate, I had nothing in that, but for my own absolute necessary Relief: and was even most willing to part with any Interest I had therein; getting his friends (who professed Zeal, for the standing of the Family) engaged for warrandise to me, for any proportion that should happen to fall for my satisfaction. And to Evidence that I was no means to harm the Family, I stood with my Right, betwixt all Fines, and Forfeitures of lands, and accounted for any thing I did receive: and to manifest yet further, that the burden of that Family, was not from any Extrinsic cause to themselves; I have under the old Marquesses own hand, and his Son George Lord Gordoun, (who was a very worthy young Nobleman) the just Inventory of their debts, amounting to about one Million of Mark Scots, 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 so far were we from having any particular quarrels at one another, that in Anno 1645. he and I was fully agreed upon Articles, and Conditions, contained in a Treaty passed betwixt us; and it was neither his fault, nor mine, that business did not end at that time; which (its known to all) proved very Obnoxious to the Kingdom thereafter.  
The fifth Calumny is, concerning my dealing with the English after Worceter fight: it's well known (my Lord) to many, that myself, and the Gentlemen of Argyle-shire (my Kinsmen, Vassals, and Tenants) 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 immediately to publish (as a very notable discory) in their News Books) which occasioned two sad Disadvantages to us; for they not only crushed our attempts in the infantry, but also determined the severer Resolutions against us; whereby two strong Regiments of Foot (overton's and Reads) and very near the number of one of Horse, (under the Command of one Blackmore) were sent to Argyle-shire, and when Dean came there, it pleased God to visit me with a great distemper of sickness, as Dr. Cunningham, and many others who were with me can witness.  
What (my Lord) I was pressed unto, when I was violently in their hands, may be instructed by the paper itself, written by Deans man's own hand, yet extant to show, which I did absolutely refuse, upon all the hazard of the uttermost of their malice; as also what I was necessitated to do, is likewise ready to be shown, whereby I was still detained their Prisoner upon demand.  
I shall (my Lord) add one Reason more to clear this, besides many other weighty public Reasons and Considerations (which I shall forbear to mention at this time, it being more natural to bring them by way of defences afterwards) 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 and such Authority, or interest over me, as leveled all, and was so totally destructive to all that differenced myself, and other Noblemen, from their own Vassals (which many says they were too earnest in) yea, it being likewise so absurdly derogatory to all true Nobility, and my Ancestors and I (as is said in that Libel) have had so many titles of Honour, Dignity, and Eminent Places of Trust conferred upon us, by his Majesty's Royal Predecessors and Himself, all for our constant Loyalty and adherence to the Crown, at all Occasions, (as the Records and Histories of this ancient Kingdom holds forth, besides the narrative of all our grants) and asserting the just Privileges thereof against Opposers.  
I did (my Lord) ever (even when the Englishes were at the intolerable height of Usurpation) declare my abhorrence to a Commonwealth Government, which was well known to them all. I was not indeed (my Lord very dissatified, when there were Rumour's current, of Cromwell's being made a King (as some here can witness.) for I told them, it was the most probable way for his Majesty's advantage; therefore the less it were opposed; and the more it were encouraged, it would tend to Cromwell's, and their deformed Commonwealths Governments ruin; and promote his Majesty's just interest the more.  
My Lord, I shall not much blame my Lord Advocate for doing his Endeavour, (it being in Essential part of his function to accuse) but I must say, that its very hard measure, that so able a man hath near as many months, in taking pains to promp as many Enemies as his persuasions could possibly invite, to bend upon 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 Classis of the Country; thereby to devise misconstructions of all the public actings of both Parliaments or Committees, during the late Troubles, and with strange and remote Inferences, and to adduce all those to the channel of my particular Actings, as many I say (my Lord) months, as I have days to Answer them, (being an exceeding disadvantage.) But (my Lord) that's not all, I am likewise extremely gauled, 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 Royal Endeavours, in Restoring his Sacred Majesty to the Crown of his this most Ancient Kingdom of Scotland, and the excercise of his Majesty's Royal Authority therein; with my cordial Endeavours for his Majesty's 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: and yea, many present in this Honourable House knows, that I extended both my Zeal and Affection to the uttermost of my power, for his Majesty's Service in that particular: which I willingly acknowledge nothing (my Lord) but my Duty, whereunto I was Tied, both by Natural, Civil, and Christian Bonds to my Sovereign; and especially such a Deserving KING, of whom I may now (as I have often) Affirm, That he is a King, in whom the Lord has taken such pleasure, as to possess his Majesty with so many Superlative Degrees of Excellency, that any of his Princely perfections may be a Characteristic Distinction sufficient to Exalt his Majesty's Fame, both in our Age, and to the subsequent Posterity, above all the Monarches in the World.  
So (My Lord) we may consequently discover a high Demonstration of the Lords singular Kindness, and special providential Care for us his Majesty's Subjects, in preserving such a Rich Blessing as his SACRED MAJESTY; (in whom the happiness of these Nations is wrapped up) under the safe wings of his Divine Protection, I may say, even when the extravagant malice of men would have swallowed him up.  
After his Lordship had ended this discourse (being heard very attentively by all without any interruption) my Lord's Advocate says to my Lord Chancellor thus, My Lord Chancellor, but what can the Marquis of Argyle say to the opposition at Striveling in Anno, 1648? The Marquis replied, that he found my Lord Advocate endeavoured to bring him to debate the particulars, which he hoped should be cleared at a more convenient time, and waved it, answering nothing to the thing itself, but insisted thus:  
(My Lord Chancellor) I have Informatiuè only hinted at the main things, which I am often charged with, my memory cannot fully reach all, neither will time permit to Circumstantiate these particulars, which I have only touched in the general; nor is my purpose at present, to fall on the debate of that Libel, not having, as yet unfolded the process. By reason those Advocates your Lordships was pleased to allow me, have not yet all embraced, and the excuses of my ordinary Advocates (in whom I had confidence) being admitted as relievant: And this Gentleman that hath been pleased (in obedience to your Lordship's commands) to come here with me, not being much acquainted with matters of this weight, and not having embraced 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 the Libel.  
And also (my Lord) I humbly desire, that those other Advocates, who were ordained by your Lordships to assist me; after the Honourable Lords of the Articles rejected their excuses, they may be now Ordained by your Lordships, to consult and appear for me.  
The marquis his Advocates entered a Protestation, that what should happen to escape them in pleading (either by Word or Write) for the Life, Honour and Estate of the said Noble marquis their Client, might not thereafter be obtruded to them as Treasonable; whereupon they took Instruments.  
The marquis assured my Lord Chancellor, that he knew not of any such protestation to be presented, and that it flowed simply of themselves, and not of him. Whereupon my Lord Chancellor desired the Marquis and his Advocates, to remove till the House should consider of both; my Lord Marquis' desire, and the Advocate's Protestation.  
The marquis and his Advocates being removed, The House (after some small debates) Resolved, as to my Lord Marquis' desire, his Lordship should have till the 26 of March to give in his Defences in Write, and ordained Mr. Andrew Ker to be one of his Advocates.  
As to the Advocate's Protestation, The House Resolved, That they could not be allowed to speak any Treason, either by Word or Write, but upon their peril: only allowed them, in the general, as much as ever in such cases was indulged to any.  
The Marquis and his Advocates being called in, my Lord Chancellor intimates the foresaid Resolutions of the House, both in reference to my Lord Marquis' desires, and to the Advocates, in relation to their Protestation.  
When my Lord Chancellor had done, the marquis spoke as followeth:  
My Lord Chancellor, There is one thing that had almost escaped me, anent that Opposition at Striveling 1648. 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 Preston, I was desired to come, and meet with the Committee of Estates (meaning those who were not in the then Engagement) I came with some of my Friends to Striveling, fearing no harm, nor suspecting nothing; I was invaded by Sir George Monro, where several of my Friends were killed, and myself hardly Escaped; which is all that can be said I acted in Arms, which many here knows to be most true.  
My Lord, not that I am any ways Diffident, but I shall in due time clear every particular in 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 conceive a possibility, if not a probability of their being true. I shall therefore humbly desire so much Charity from this Honourable Meeting, that there may be no hard thoughts entertained by any, till I be fully heard.  
The marquis thereafter, with joint Concurrence of his Advocates, humbly desired, That his Bill, containing many pungent Reasons for a precognition of his Business, given in to the Honourable Lords of the Articles, may be considered in plain Parliament.  
To which my Lord Chancellor Replied, That it had been formerly refused at the Articles, and that it would not be granted.  
FINIS.