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.

March 7. 1661.

At the Lords of Articles.

BEing called before the Articles to give in his Defences, he declared that he had seen their Lordships Order, That he might forbear his coming, if he would produce his Defences; therefore he told their Lordships ingeniously, that if he had them in readiness, he would neither have troubled their Lordships nor himself; for having a Petition ready to desire a delay, he thought it rather his duty to come and propose it himself, hoping their Lordships would consider, that his presenting his Defen∣ces either lame and wanting somthing, or blot∣ted, so as they could not be well read, was a very great prejudice to him; but a delay of a few dayes, was no prejudice at all to any thing my Lord Advocate could say; and therefore hoped their Lordships would not refuse him some competent time, whereby he might have them in readiness. Upon the which he was removed, and after some debate being called in again, my Lord Chancellor told his Lordship in one of the Articles, That he was ordered to give in his Defences before Monday at ten a clock to my Lord Advocate, otherwise the Lords of Articles would take the whole busi∣ness to their consideration, without regard to any thing he could say.

The Advocate told his Lordship, that he must give in his whole Defences: To which he answered, That that was a new form to give in peremptory Defences before the discussing of relievances; whereupon Sir John Bychmore did rise up, and told his Lordship, That he was commanded to inform him, that there was a different way betwixt a Process in Writ, and the ordinary way before the Session, or chief Justice. To which his Lordship answered, That he was very ill yoked with so able men; but he must tell them, that he had once the honour to sit as Chief Justice in this City, and he knew the Process before them was in Writ, and yet the relievance was alwaies first answered, be∣fore any peremptor proponed, for relievance is most to be considered in criminals. Sr. John The∣rester said, and so did the Advocate, That it was his Lordships advantage to give in as strongly his Defences as he could, otherwise the Advocate might refer the whole business to the Judge, and make no other answer. His Lordship replyed, That he would do in that by advice of his Lawyers, and hoped any Or∣der of their Lordships at present, was without prejudice to his giving in more Defences af∣terwards, since he was so strainted with time, and commanded to give in what was ready: His Lordship likewise added, if their Lordships and the Parliament had been pleased to grant his desire of a Praeeognition, which was agree∣able (as he humbly conceived) both to Law

and Practice, and his Majesties Proclamation, (which he acquiesced in) it could not but have been the readiest way for trying his carriage during the late troubles; where now of ne∣cessity he must in the Process (which he hopes will not be refused) crave one way for excul∣pation in many particulars; for he both was resolved, and is resolved to deal very ingeni∣ously, as to matter of Fact; and if that had been first tryed (which he was most desirous of, both from the Committee, and since from the Parliament) he is hopeful there would not remain so much prejudice against him in the most part of things of greatest concernment in his Libel; and for his own part, he desired nothing more then the truth to have place, do with his person what they pleased; for by the course of Nature he could not expect a long time to live, and he should not think his life ill bestowed, to be sacrificed for all that had been done in these Nations, if that were all.

Thereafter he was returned to the Castle.