The manuscripts of His Grace the Duke of ... - Electric Scotland

138
Ansuer 7t. The Address which the parliament made to his Majestie against
Argyle was brought in both to Articles and parliament in the tearras
of ane humble address, and voted and past as such, but never conssidderd
(nor will the draught beare it) to be of the nature of ane Act, nor
was it toutched by the scepter as other Acts are, as appears by the
Minuts of Parliament. And tho the tittle beare the word Act yet that
inferrs only that the parliament orders the Address to be made, which
and all things else done in parliament most in forme be done by way of
Act, and as this was approven and brought in by the Secreit Committies
advice so the reasons that moved them to it seem loyail and
dutifull, the late Earl of Argyle being then in actuall rebellion, and
the whole disscontented people in the nation ready to joyn him ; and the
lyke cruell and unnaturall rebellion haveing at the same tyme broke out
in England under the command of the late Duke of Monmouth. I say
these reasons made the Secreit Commitie judge fitt that the parliament
should give that pubHck testimonie of ther abhorrence of such courses,
and of the familie that occasiond them heir, which at the tym Tm sure
hiid good effects in the King's service and detei'rd many from joyning
the rebells; and the whole import of this address was humb(l)y to
implore his Majestie' in the tearms therin mentiond that^ Argyles
freinds and favourers might be therby disscourag'd, nor does this address
beare orje word statutorie, but on the contrair the strain of it runns in
ane humble petitioning his Majestie ; and since all that the parliament by
this addreiss desyrs to be done against the familie of Argyle, and much
more was actually done and past unto a positive law by a former parliament,
wher King James 6 was personally present against the restitution
of the familie of Gourie, as appears by the Act signd by the Register
and heirwith given his Majestie, which runns in much higher tearms
then this address. The Secreit Committie and parliament thought his
Majestie would be so fare from being offended att this ther so loyail and
zealous address, that they expected thanks for it as the best service they
could doe upon that occasion, and thought if it had been nmmitted they
might been justly chargeable with remissness in his Majesties service;
nor is the printing and publishing it less excusable, being at a tyme
when the rebellions wer on foot in both kingdoms, as said is ; and considering
ther is nothing of Argyls rebellion remains upon publick record
in Scotland, save this adress, it was judged both fitt and necessar that it
should remain in the publick records of parliment : by all which how
malitious, slight and groundless, this article of the libeli is, seems
aboundantly cleare, since whats complained of could never have any ill
consequence, nor did not passe in a law ; and that the Secreit Committie
approved of all this matter appears by ther letter to the Thesnrer of the
6th of October 85 heirwith shoun to his Majestie ; and till the King
declaired his pleasour anent the adress, that ther was the least heasard
in contraveening it is obvious in law and sense, fare less that the Privie
Councill committed the cry me of treson by iuterposeing with his Majestie
for any of these accessorie to that rebellion, which seems to be a bold
asertion, and wherof they are very easily able to viudicat themselves.
8th Article of the Lybell.
Act. The Act of annexation of Argyle's offices, jurisdictions, &c., includs
Arran belonging to Duke Hamilton and excluds Orknay and Zettland.
Ansuer 8.
Argyle's offices wer annexed exactly in the tearms mentioned in his
infeftment>, which contain the jurisdiction of all the isles of Scotland,
excepting Orknay and Zettland, and these being the precise words of
the infeftment, tiie jinnexation behooved to runn in the same tearms