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‘
No,
my lord President. As a prisoner,
I
will
not,' the Graham said, but courteously also.
'I
accept
the right of this parliament to ask questions. But I stand on my own
right, as a prisoner, wrongfully or rightfully held, not to
prejudice his trial before his peers by any reply to questions
material to the issue. Free me, as you can do, with assurance of no
re-arrest, and I will answer gladly.'

'But
that is impossible, my lord,' Johnston jumped up to protest. 'It is
to prejudge any trial, lacking the evidence. Parliament cannot
release the Earl of Montrose with promise of protection,
before
it
hears his defence. That is the negation of justice.'

'The
negation of justice is that I, and my friends, have been held close
prisoners without trial for two months, sir, on an alleged
confession of one man, whom this parliament does not, or cannot,
produce to substantiate it I will answer no relevant question before
my due and proper trial. But I request that Thomas Stewart of
Ladywcll, Commissary of Dunkeld, be produced forthwith, to inform
this parliament'

'That
will not be possible,' Lord Balmerino said in a cilpped voice.
'Ladywell is dead.'

'Ha-a-a!'
Montrose looked slowly round the assembly. He noted that Argyll was
nowhere in evidence today. 'Dead? Convenient! Is it permitted to
ask, my lord President, how this unfortunate man so fortunately met
his death?'

'I
understand that he was hanged, my lord of Montrose,' the President
said thinly.

'Hanged!
for retracting a statement?'

'For
the felony and crime of leasing-making,' Johnston of Warriston
amplified.

'Leasing-making!
Lying! Lying in public! Dear God - if this is a hanging offence
still, how many here are safe? I could myself witness to the offence
of fifty! A hundred ! How long since a man died under that barbarous
ancient law?'

'Barbarous
my lord of Montrose may call it, but it is no less the law of this
land. The penalty of hanging was asked for by Sir Thomes Hope, the
King's Advocate,' Johnston declared.

That
gave Montrose pause. He could not be sure that Hope was his true
friend; but he certainly was Archie Napier's. Even though, in his
search for a strong man to rule Scotland, Hope had decided that
Argyll was the answer, he would surely never sacrifice Archie Napier
callously by getting rid of the witness who could save him, equally
with Montrose himself. Perhaps then, there was more to it? Perhaps
Hope had conceived Ladywell to be a
hostile
witness,
a danger to them, so broken by torture or other pressure as to give
false evidence which could condemn them? Hope was undoubtedly the
cleverest lawyer in Scotland. Whose side was he on ?

Montrose
looked at the President. 'My lord - if Ladywell was so notorious a
liar that he was adjudged by the courts worthy to die for it, is his
alleged evidence of any value to convict myself and my friends?'

'The
point, I am sure, is taken,' the other nodded gravely.

'Then
I request immediate release, for them and myself, sir.'

'It
is less simple than this!' Balmerino cried, jumping up. 'My lord of
Argyll has been most grievously injured, in his name and repute. He
demands due recompense. Whether or not Stewart of Ladywell forged
and invented this slander -and on whose instigation - my lord of
Montrose conveyed the slander to the King. That is sufficient
offence in itself. It could result in a charge of treason against my
lord of Argyll."

'Who
says that I sent this information to the King? Ladywell again?'

'We
have supporting evidence. A courier from the King was intercepted.
One Captain Walter Stewart. Amongst others he carried a letter from
King Charles to the Earl of Montrose, acknowledging receipt of a
letter received by His Majesty
from
the
Earl.'

''What
of it? I wrote to His Grace from Newcastle, urging compliance with
the terms of the Covenant, the end of the bishops, and His Grace's
presence in his Scottish realm. If this is offence, then all the
Committee of the Estates should be charged likewise - for that is
its policy. Is it not also the policy of my lord of Argyll ?'

'There
was another letter. Secret. In a code of special meaning...'

'Saying
what, my lord? And to whom addressed?'

‘
I
say it was encoded. Clearly secret instructions . ..'

"You
do not know what it contained, nor to whom it was written? My lord
President - must we suffer more of this folly? Wasting the time of
this parliament? And I would seek your ruling on this question. Is
not interception of the King's courier, receiving from him the
King's sealed letters, and reading them thereafter - is not this
treason ? And lese-majestie also ?'

Into
the stir of excitement this aroused, the President declared that he
would require time to consider that. They would take it to
avisandum. Perhaps the King's Grace himself could best answer
it. Perhaps those concerned would put it to him, in person? For His
Grace was on his way to Scotland, and would attend the next
sitting of this parliament in a few days' time. Meantime, with the
situation unclear, and no further progress apparently possible on
this vexed issue, with the Lord High Commissioner's permission he
would adjourn this sitting...

Montrose
was taken back to Edinburgh Castle, with a great deal to think
about.

On
the 14th of August, James Graham was brought face to face with
Charles Stewart for the third time. And it was no more satisfactory
an interview than were the other two. The four prisoners were led
again to a special sitting of parliament; and it was only when
they came to make their formal bows to the throne that they
perceived that its occupant was now the monarch himself, and not
Traquair.

Charles
nodded in friendly fashion to his old servant Napier, but made no
such gesture towards Montrose. He was looking at his most regal,
gracious, dignified, the only man in that great assemblage wearing a
hat - not his crown - and dressed in blue satin with the sash of the
Garter, and over his shoulder the cloak of the Order with its large
star. Just behind him Traquair stood, to whisper in his ear
occasionally, and keep him right as to procedure - for the
Scots parliament was very differently composed and conducted from
the English model. Here the monarch or his representative
personally presided, entitled to take part, although the actual
conduct of the sittings, the chairmanship, was in the hands of die
Chancellor; and of course, there was only the one house, peers and
commons and burghs sitting together; though now, since the Glasgow
General Assembly, no ministers and clerics attended save as
spectators.

A
debate was in progress when the prisoners were brought in; and
listening, Montrose learned from it, to his astonishment, that
the question at issue was whether or not the King should have the
use of the Scots army still mustered under Leslie at Newcastle,
against his recalcitrant English parliament, in return for
sweeping reforms and concessions in Scotland. That such should be
even considered, on either side, seemed almost beyond belief, but
clearly this was so. When, presently, Hanulton of all men, rose from
the earls' benches to commend the project, the Graham decided that
he was seeing the ultimate in political cynicism, as well as in
hypocrisy. Hamilton was, of course, a peer of Scotland and entitled
to speak and vote; but when the man next to him rose, patting the
other's padded and beribboned shoulder as he sat down, and proceeded
in a sibilant Highland voice to welcome the King's royal presence in
most flattering terms and then to indicate possible conditions for
such a use of the Covenant army, Montrose had much ado to believe
his own cars and eyes and keep from crying out. No final decision
should be taken at this sitting, Argyll suggested, if his humble
advice was of value to any. But the matter was infinitely worth
exploring further, as the excellent and most noble Marquis of
Hamilton had made clear.

While
Montrose still sought to understand — and to stomach - this,
the parliament moved on to discuss a motion by Loudoun that for the
better governance of the realm, with the monarch apt to live furth
of it, the judges and other officers of state should be appointed by
the King only on the advice of parliament - powers far in advance of
anything put forward even by the most left-wing English
parliamentarians. Argyll rose again, briefly to commend this to
the company, making it clear that it was the Committee's considered
policy, and therefore his own. The King, for whom this must have
been a bitter pill indeed, nevertheless sat silent, calm,
unprotesting. He was apparently prepared to pay a high price for the
Scots army. The motion was passed with little question.

Even
then it was not the turn of the prisoners. Undoubtedly they had
been brought in early just to be made to wait and so proclaim to the
King and all others their captive and helpless status. More than
once Montrose all but made intervention and protest, demanding his
rights; but refrained, for the King's sake. If Charles was
stomaching all this, he must be more than anxious to placate the
present Scots leadership. For himself, Montrose, to upset this
precarious balance, in the circumstances, would be unsuitable.
It was part of the code that there should be no unseemly bickering
in the presence of the monarch. Again, any hopes he might cherish
that the King might obtain his release, could be jeopardised - and
Charles had not acknowledged him at their entry as he had done
Napier. He held his tongue.

Still
another item of business was introduced, and by Loudoun again. All
who held office in Scotland, any jurisdiction, hereditary or
appointed, if they had not already done so, must sign the Covenant
or forfeit such office. Was it agreed?

Since
this involved every noble in the kingdom, all holding hereditary
jurisdictions, barons' rights, sheriffships and the like, there was
a tense hush. All looked at the King expectantly.

Charles
sat his throne, impassive.

Argyll's
nudge of Hamilton's arm was blatant, undisguised. The Marquis
rose.

'I
gladly undertake to sign the said National Covenant, my lord
President,' he said. 'And therefore do second the motion.'

'And
I so agree,' Traquair added, from behind the throne.

'And
I,' the Earl of Roxburgh acceded.

So
all was obviously arranged. Argyll, in unholy alliance with
Hamilton, was as obviously in process of becoming at least uncrowned
king in Scotland. Tom Hope had known what he was talking about.

Only
then was broached the matter of the four patient prisoners. Loudoun
declared that they appeared before parliament to answer questions,
which two of their number had refused to do on previous occasions.
Were the Earl of Montrose and the Lord Napier still obdurate and
contumacious, even in the presence of their liege lord?