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A75553 The Marquess of Argile his answer to his charge sent unto him in the Castle of Edinburgh, the 28. of January. Argyll, Archibald Campbell, Marquis of, 1598-1661. 1661 (1661) Wing A3650; Thomason E1083_4; ESTC R203035 11,156 16

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or by order of Law for notorious crimes according to standing acts of Parliament 8. It is well known I was in Ireland by Commission for the getting assistance of the Scots Army against those in arms in Scotland when his Majesty come to the Army before Newark so that his Majesties Declarations anent his Majesties gracious intention and resolution in coming to the Scots Army was sent both to the Committee of Estates of Scotland and to the two Houses of the Parliament of England before I come to Newcastle his Majesties Declarations were all recorded in the Committee Books and Printed that his Majesty come not with any intention to continue that unnatural Warr any longer or to make any division betwixt the Kingdoms but to comply with his Parliaments and these intrusted by him in every thing for setling Truth and Peace And that he would apply himself totally to the Councils and advices of his Parliaments upon which the Committee of the Parliament of Scotland and the General Officers of the Scots Army declared to his Majesty himself and the two Houses of the Parliament of England their receiving his Majesty was upon these terms All this was done before the Defender come to Newcastle after his Majesties coming there to the Scots army In this article these whom his Royal Majesty who then was and his gracious Majesty who now is calls his Parliaments are called a Factious party and the Defender the Ring-leader It is said in this article that I went to London but omits to tell by his Majesties Commissioners order at Newcastle as one of the Commissioners and only carried Instructions to the rest of the Commissioners at London for hastning the Propositions And likewise from his Majesty was commanded to take the advice of the Duke of Richmond and Marquiss of Hartford anent what might concern his Majesty and particularly if it was adviseable that the Scots Army should declare for his Majesty wherein they told me and conjured me to tell it to his Majesty that it was the only way at present inevitably to ruine his Majesty and desired me to shew it to his Majesty in these terms that himself knew neither the Nobility nor Gentry of England who attended his Majesty at Oxford desired him altogether to prevail over his Parliament by his Sword much less would they indure the Scots Army to do it that would make all England as one man against his Majesty Therefore desired his Majesty might by any means give way to the Propositions no other being left which could be of advantage to his Majesty this very advice he delivered to his Majesty at Newcastle and told the same to his Majesty who now is when he was in Scotland and intreated the Lieutenant of the Tower of London to propose for me that the Marquiss of Hartford then living might be examined in this but he put it off from time to time because of other great affairs in hand It must likewise here be remembred that at that time the two Houses of the Parliament of England was sitting fully and freely and neither Independant nor Sectaries were able to carry one vote in the houses And that the Houses declared fully their resolution for maintenance of his Majesties person and authority and such of them who attended his Majesty most were most for the disbanding of the Scots Army and his Majesties staying in England Next observe this Article that it is a great mistake that any thing done at London concerning leaving the King in England when the Defendare was at London that alledgeance of a Discourse of mine in the Committee of both Kingdoms must be likewise forged for as is said there was nothing moved at that time concerning his Majesties person but meerly for the Army and what concerned their satisfaction so that I think the Army at least to my knowledge emitted no such Declaration And though they had done it I may say I was never at any of their Consultations let them answer for their own deeds And to what the Parliament did no man was ever yet made answer for such things especially where the lawfull King hath approved the Parliament as a lawfull Parliament no succeeding King will ever question his Predecessors acts much less can a King in honour question any man for acting in a Parliament which himself hath approved And of such nature are the most part in this Libel yea all of them except words before 1651. so I may say without offence it were more for his Majesties honour and this Kingdom to think on a Declaration vindicating the Parliament of Scotland from such acts then so unjustly to lay such foul things on them and call them a factious party 9. It is to be observed that the meeting of Parliament 1648. is called the Estates of Parliament met by his Majesties special authority and it was so indeed being one of the Sessions of Parliament 1644. And in the first place there is a great mistake for no proposition was made after the Vote of Parliament the Protestation it self will clear this as is said in the former Libel I did not come to wait upon the Committee of Estates after Preston but being called and of necessity considering the times neither went I unsent to Mordington neither did the Invader Cromwel bring his Army into Scotland only that he resolving to propose some things to the Committee which the Books will clear he brought a small party with him to Lothian and the stopping him from bringing in his army and that he did not require pledges and the Strengths of the Kingdom was thought a mercy at that time both to those who returned out of England and all the Nation the Margine doubtless in one branch is mistaken at least as to me no man can say he heard me and neither his sayings nor doings was justifiable for the truth is he declared always he would not remove untill he had Berwick and the Informers may imagine that was in my power and he did remove and when that was done what Instructions were sent to or with Sir John Cheefly were neither of my Dyting or Writing 10. Being well known how active and instrumentall the Defendare was in every thing concerning his Majesties Restitution to his Crowns and Royall authority this Clause or Article is purposely for soyling his faithfull Service but his Majesty both knows and hath acknowledged the contrary of this by Word and Write And for what concerns the Marquiss of Montrosse his death I neither Consulted nor Voted in the manner nor matter of it though it was done in Parliament The next point in this Article is corresponding with Cromwell after his Majesty come to Scotland which is most false the like was said and recanted by Hamilton who was a Spy and so was hanged at Sterling For any Declaration at the West-kirk I had no hand in it by word writ nor message but on the contrary I did deal with some Ministers who came from the
THE Marquess of Argile HIS ANSWER TO HIS CHARGE Sent unto Him in the CASTLE of EDINBVRGH The 28. of January Printed in the Year 1661. A Preface to some generall things concerning this LIBEL I. IT may appear to any to be framed meerly out of malice because it takes in all things either alledged spoken or done since the year of God 1638. notwithstanding his Majesties Royal Fathers and his own acts of Oblivion and Approbation II. Because it does not so much as alledge any reason or motive for any thing hath been done nor any end why or to which any did drive and so making any man who was ingaged more malicious then the Devil and more unreasonable then brute Beasts III. It repeats all that hath been done by Kirk or Kingdom to be the Marquiss of Argyles deeds though he neither was at the beginning of the business nor very many of the particulars mentioned as the narration of his carriage can shew he shew both the reasons and ends of his doing all he did being meerly for Religion King and Kingdom according to the Covenant never pressing any thing earnestly but for the Covenant nor opposing but when it was refused 1. Mr. Jobn Stewarts Process will clear much of the falshood of this point for though such a discourse had been it was but narratively of a debate which was before the fitting of the Parliament 1640. Wherein Mr. Alexander Henderson used those very words though nothing to his Majesties disadvantage and whether I related that debate no mans memory can be charged with such a thing after so long a time and a clear Act of Oblivion of his Majesties Royal Father 1641. 2. This is a great mistake when the Defender came to the house of Airly Montross had put a garrison in it for the use of the Country and when I come there with the Countreys Order Sibbald who was in it upon sight of my Commission did presently leave it and the Earl of Airlies own friends knows except what Bushes were cut for Hutting to Souldiers I had no use to cut the Planting and my stay there a few days was expecting the Lord Ogilby whose Friends were gone to him for that purpose and the slighting of the house was then a favour his order being more strict and I believe his Friends or Tenants had no loss to my knowledge As for burning the house further in Glenyla the Defend●r knew nothing of it at all until some days after it was done and howsoever it was included in the Act of Oblivion 1641. 3. Some men indeed named under my Command lay at Dumbartan by order of Committee and Parliament whereby that Garrison was loth to come abroad and so many of them fell sick whereupon Sir John Henderson sent for me that I might come to the Castle and receive it from him upon honorable terms which I did and suffered him to make his own Articles for matter of honour And I tran●ported none of the Canon but when his Majesty was in Scotland 1641. the Duke of Richmond did give the Defender two Canon this is known to many this business is likewise before the Act of Oblivion 1641. 4. This is answered formerly there is added a promise of mine which needed not been mentioned for I acknowledge my many obligations to his Majesty as strong as that promise could make it And it were to wrong his Majesty to say he desired any promise to take away that which his Majesty commends so much in the large Treaty Scotlands desire of Unity in Religion and Uniformity in Church-Government as a special means for conserving of peace betwixt the two Kingdoms neither did Scotland at all joyn with any Army in England in League and Covenant but with the two Houses of Parliament 5. I neither did burn nor give Order to burn the house of Menstre though I had great provocations to it the day before Menstre was burnt the whole houses of two Parishes whereof I was only Superior was burnt and many poor Families put to extream necessity by it And a Son of the Earl of Sterling who had Menstre in possession by comprising did concur with the actors of so cruel a fact to poor people that were not wronging them at all himself and his father before him not only holding the same of me but in effect without money and my Father gave them the Land and when many years few duties had run on I my self discharged that Lady of the same amounting to a considerable summ so far do I abhor to be ungrate though I have often met with such dealing howsoever the 30. Act 1647. for liberating the good subjects from the pursuit and actions of the Rebels Civil or Criminal would suffice 6. This is answered formerly and it is a most unjust calumny 7. There are three or four things in this article 1. Concerning the men in Loathhead and Dunavarty 2. An old man begging his sons life denied 3. Sending 200 men from Yla to sterve in Jura 4 The carrying of Col. Mc. Gillespie from Lieth rode being brought there by order of Committee of Parliament To these I desire it may be known that in May or June 1646. his Majesty sent orders to Alexander Mac Donald and all under him to lay down Arms of the which number these men in Kintyre were a part who continued in arms contrary to his Majesties order Next I desire it may be known they were lying under engagements not to have joyned with Alexander Mac Donald notwithstanding all which they were in arms fighting against David Lefly and his party yea after Alexander was beaten they refused to come to him when other Countreymen did and went to the house of Lochhead and Dunabarty out of which David Leslie took them without any capitulation and disposed of them as the Council of Warre thought fit which the Defendare cannot be charged with For the second of the old mans request for his Son he never heard of any such thing before he saw this Libel so he conceives it to be a fiction and just so of the third for the Defendare was never in Yla nor Jura but with David Lesly and he does not remember any colour for such a discourse For the 4th of Col. Kittacks bringing to Leith Road by order of either Committee or Parliament is a meer fiction he was taken prisoner in Yla by the party under David Lesly and delivered to me and I put him aboard of Captain Browns ship who undertook to deliver him at Dunstaffage but Captain Brown not being willing to lose the opportunity of a fair wind did not go to Dunstassage but went streight to Leith Road and immediately gave me notice he had my prisoner aboard whom I received from him and sent to Dunstassage Captain Brown I think lives at Weymes who can declare this One thing I shall add in general that I thank the Lord by his grace helping me I never took any mans life but what was done in conflict