Edinburgh, 29 April 1661

[Oath taken; act approved; recommendation made]

[David Murray, viscount of] Stormont took the oath of allegiance.

Act for Mr James Sharp's going to London with the lord chancellor.

The widow and bairns of Mr Patrick Hamilton recommended to the council.

  1. NAS. PA3/3, f.19v-20. Back
[Marquis of Argyll's treason process; replies to his defences]

The advocate declared that [Archibald Campbell], marquis of Argyll's process being now to be advised what he proceeded in the first place upon those points of the indictment that were libelled to be done since the year 1650.

Thereafter my Lord Argyll gave in his bill desiring that though his defences and rejoinders did only bear an absolvitor from the guilt of treason, yet he desired the weight thereof might also free him of all pains and he be absolved from the charge. And also desired he might have a further hearing in word.

Which being considered by the lord commissioner and parliament they will take the first part into consideration as they advise the cause. And for the last part they conceive he has been heard already to the full both in word and writing, and therefore refused to hear him at this place and at this time.

Thereafter the charges against the said marquis being read with the whole acts of parliament whereupon the proposition thereof is founded, and the defences, replies and rejoinders in the said matter in so far as relates to the dilators being also read, the dilator defences got the ensuing signature, namely:

To the first declinator, in respect it is not a declinator, it is remitted to such members of parliament who conceive themselves concerned, if any be.

To the next two protestations, the parliament will proceed according to justice and law, and will do therein as they find just cause. As to the third article, finds the king's advocate has no necessity to produce the writs mentioned at the opening of the litigation, but in the period when proof is given, or when the parliament shall find cause. Reserving to the accused against things to be produced.

As to the fourth, fifth and sixth articles of the dilator defences, rejects the same, declaring that howsoever some of the acts libelled be miscited or not repeated according to the express words and meaning thereof. And as the several points of the indictment respectively shall be found to fall under the compass of the acts libelled or any of them, especially seeing the acts are clear and known by the reply and acknowledged by the defender in his defences.

As to the seventh article, rejects the same in the dilator defences, and finds that part of the proposition founded upon the king's death, the concealing and not revealing thereof, falls not only under the common law, but also under our own acts of parliament, and namely the 25th act of the sixth parliament of King James II, and according to former practices, and that concealing and not revealing the purposes of the king's death imports being accessory thereto.

As to the eighth article, rejects the same in this place, and declares they will take into consideration the relevancy of the particular points as they shall be proceeded upon and discussed.

  1. NAS. PA3/3, f.19v-20. Back
[Continuation]

The lord commissioner continues the parliament until tomorrow at 9 o'clock to sit until 12 o'clock; and thereafter to sit down at 2 o'clock in the afternoon.

  1. NAS. PA3/3, f.19v-20. Back