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on all occasions to vent their mischief against him afterward. For, at the very next sitting down of the Scots parliament, the earl of Montrose discovered a most mischievous attempt to wound his reputation, and to set the king at perpetual variance with his lordship; and among other offensive speeches uttered by Montrose, one was, That when the earl of Athol and the other eight gentlemen taken up by him last year (for carrying arms against their country), were in his lordship's tent at the ford of Lyons, he (_viz._, Argyle) should have said publicly, "That they (meaning the parliament) had consulted both lawyers and divers others, anent the deposing of the king, and had got resolution that it might be done in three cases, _viz._ 1. Desertion. 2. Invasion; and 3. Vendition. And that they once thought to have done it at the last sitting of parliament, but would do it at the next sitting thereof." Montrose condescended on Mr. James Stuart commissary of Dunkeld, one of the foresaid eight taken by Argyle, as his informer; and some of his lordship's friends, having brought the said commissary to Edinburgh, he was so fool-hardy as to subscribe the acknowledgment of the above report to Montrose. The earl of Argyle denied the truth of this in the strongest terms, and resolved to prosecute Mr. Stuart before the court of justiciary where his lordship insisted for an impartial trial, which was granted, and according to his desire four lords of the session were added _hac vice_ to the court of justiciary. Stuart was accused upon the laws of leasing, particularly of a principal statesman, to evite the eminent danger of which he wrote to Argyle, wherein he cleared him of the charge as laid against him, and acknowledged that he himself forged them, out of malice against his lordship, &c. But though Argyle's innocency was thus cleared, it was thought necessary to let the trial go on, and the fact being proven he was condemned to die. Argyle would willingly have seen the royal clemency extended to the unfortunate wretch; but others thought the crime tended to mar the design of the late treaty, and judged it needful as a terror to others, to make an example. At his execution, he discovered a great deal of remorse for what he had done, and although this worthy nobleman was vindicated in this, yet we find that after the restoration it was made one of the principal handles against this noble martyr. During these transactions, the king dis
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