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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