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.

Edinburgh. Martii 6. 1661.

At the Parliament.

MY Lord Chancellor having Reported what had been done the former day be∣fore the Lords of Articles anent the Marquess of Argyle ••is Process, presented his Submission, which was immediately read; and after a long debate the first Question was stated;

If it was satisfactory, or should be accepted or not.

The second Question was, Whether they should proceed presently in his Process, without regard to his Submission or not?

Both which were carried in the Negative against him. Then he was brought to the Bar, and the Lord Chancellor told him, That his Submission was rejected, and that notwith∣standing thereof, the Parliament commanded him to give in his Defences. He Replyed, That his case was very hard to be debarred from that which was his just Priviledge, and of all Subjects, in such extremities to refuge themselves at his Majesties Mercy and Cle∣mency; and that as it was the undeniable Priviledge of the Subject, so also it was a spe∣cial Prerogative of his Majesty, and the gran∣deur

of it consisted much in the eminency of the subject, whom his Majesty should graci∣ously be pleased to extend his mercy unto: And besides many other strong perswasions that encouraged his Submission, his Majesties own Proclamation (which he acquiesces in) wherein his Majesty is graciously-pleased to Declare, That his just Interest, and Royal Prerogative being first asserted, and tryal on∣ly taken of his Subjects carriages, then he is most willing to pass an Act of Indempnity to secure them. And the like being already done in our neighbouring Nation, and his Majesty having performed his Royal promise there al∣ready, he desired that their study might be to imitate his Royal pattern; considering, that as it was a practise most agreeable to his Ma∣jesties clement Inclination, so also, that as Solomon that wise King said, That the King's Throne is established by Righteousness and Mer∣cy: He entreated therefore their Lordships seriously to confider his condition, and not to single him out, and aim at his ruine, and not only his, but also (he feared) both his Family and Name, their ruines also.

As for giving in his Defences presently, he told, That the confidence and firm hope he had that his Humble Submission should have been accepted, and so cut off totally all fur∣ther trouble either to their Lordships or him∣self, made him the more secure and slack, not resolving to lean to them, or any way (as he

had exprest in his Submission) make use of them, though he were altogether innocent: and if he were necessitated to make use of his Defences (as he declared he was most un∣willing to do,) it should be simply in obedi∣ence to their Lordships commands, and no otherwise.

Not having fully ended, The Chancellor told him, If his Lordship had them not in rea∣diness at that time, to have them ready to give in to the Lords of Articles the morrow. So he was returned to the Castle.