devillish and treasonable courses plots contrivings and actings of yours did not yet terminate For there being some motions for address to be made to His Majesty by some of His good Subjects of this His ancient Kingdom as undoubted and rightful Successor to His deceased Royal Father in the Imperial Crown thereof that His Majesty might come to His said ancient Kingdom for exercising His Royal Power and Authority The said motion and purpose being so just and lawful you notwithstanding of your great impudence and daring otherways fearing that a direct opposing thereof would prove altogether ineffectual you in a most indirect way procured the application made for inviting his Majesty to be so clogged with limitations restrictions and conditions to have been condescended to by his Majesty before his admission to the exercise of his Royal Government as were most destructive to his Majesties dignity and authority and most derogatory to Monarchical Government as are more fully exprest in the several Commissions Instructions and Addresses sent and made to his Majesty to that effect and publick Proclamation of his Majesty at the Mercat Cross of Edinburgh by you and your Complices Commissioners at Breda all which are here repeated as a part of the Libel brevitatis causa And his Majesty upon consideration that the said unreasonable unlawful and treasonable conditions were exacted of his Majesty by you and a few number of factious Subjects who had by the assistance of the Usurper and Tyrant Oliver Cromwel thrust your self into the Government of this his Majesties antient Kingdom And trusting to the fidelity the loyalty and good affection of his other good Subjects having notwithstanding the said hard and unjust conditions resolved to cast himself upon the loyalty and affections of his other good and faithful Subjects you to obstruct his Majesties purpose and resolution yea and so far as in you lay to fright and terrifie him therefrom by your and your Complices cruelty execute upon the Marquess of Montross his Majesties Commissioner and who represented his person in his said antient Kingdom caused to be most horribly and inhumanely murthered the said Marquess at the Mercat Cross of Edinburgh upon the _____ day of _____ 1650. with all the circumstances of disgrace and dishonour which so much reflected upon his Majesties Person Dignity and Authority and upon the honour of all true Nobility and are so recent and fresh with detestation in the memories of all good Subjects and generous spirits at home and abroad that it is not fit to be mentioned or repeated here But his Majesty still continuing in his former purpose and resolution and after a most tedious and dangerous voyage at Sea having by the providence of Almighty God happily and safely arrived in his said antient Kingdom shortly thereafter the cruel bloody Murtherer and Usurper Oliver Cromwel in pursuance of his Majesty with a powerful Army of Sectaries by Sea and Land invaded his said Majesties antient Kingdom For opposing of whom an Army being raised while both the said Armies were in the field you most treacherously and treasonably kept correspondency and had intelligence with the said Usurper by writing to and receiving Letters from him without his Majesties privat consent or warrand at least by sending to and receiving Messages from him by word of mouth And further to advance the design of that abominable Regicide after ye had by your indirect means plots advices or contrivances gotten his Majesty removed from his Army at Leith You by your influence upon a few number of the Commissioners of the General Assembly your self being one of the number then met at St. Cuthberts Church commonly called the West Kirk prevailed so that for the weakning of the hands of Friends and strengthening the Enemies there was in a most clandestine and surreptitious manner an Act as of the said Commission of the Kirk made printed and published wherein besides many reproachful and slanderous expressions of his Majesty and his Royal Ancestors more fully exprest in the said pretended Act bearing date August 13. 1650. it was declared that you disclaimed and would not own his Majesties Interest because of his refusal to subscribe and emit a Declaration offered to him and which Declaration was contrived and drawn up by you and contains many scandalous seditious imperious reproachful and treasonable Expressions not only against his Majesties Authority and Government but also against his Royal Father and Mother and others his Royal Progenitors as is more at large exprest in the foresaid Act of the date above-written and Declaration bearing date the _____ day of _____ the same year of which Declaration there needs no more be said than that the circumstances by which his Majesty was enforced to sign the same are enough known to the World and that the worthiest and greatest part of his Majesties antient Kingdom did even then detest and abhor the evil usage of his Majesty in that particular when the same tyranny was exercised there by the power of you and a few evil men your Complices which at that time had spread it self over his Majesties Kingdom of England at least you and your Complices did ratifie and approve the said Act of the West Kirk and consent thereto and at least you did deal with and press and force his Majesty to sign and subscribe the Declaration foresaid at least you were Author or Contriver Adviser or Counsellor Perswader or Voter or Assenter Assister Aider or Abetter of the foresaid Restrictions Limitations and Conditions and of the foresaid Murder of his said Majesties Commissioner and manner thereof and of the keeping of the said correspondence with the said Invader and Usurper and of the said Act and Declarations or one or other of them or art or part thereof or of one or other of them Eleventhly After it had pleased God to suffer the Monster of men and cruel Regicide Oliver Cromwel so far to prevail against all his Majesties endeavours for recovering his just Right and Interest in this and in his other Kingdoms and over all the Armies and Forces raised by him for that end so that he was necessitated to refugeat himself with Forraign Princes and Estates Howbeit at his Majesties Coronation you in presence of God and great many of the Nobility of this Kingdom and others therein conveened at Scoon the first of January 1651. did swear to be faithful to the Crown and true Leidgeman to his Majesty yet nevertheless contrary to the said Oath and notwithstanding the many favours honours benefits and Acts of Indemnity conferred upon you and contrary to the Laws and Acts of Parliament above exprest you did most perfidiously ungratefully and treasonably in anno 1653 or 1654 not only according to your bounden duty not rise in Arms and join with the Earls Glencairn and Middleton which were commissionated from his Majesty for hindering the further progress of the Usurpers and expelling them forth of this Kingdom But did in open Hostility join
and others therein without making the least opposition and declaring that they had refuged themselves to the said place for shelter and Protection did render up the said House and themselves upon assurance that they might freely and quietly return and live at their own Homes according thereto they were dismissed and sent Home where they remained in peaceable manner by the space of _____ days Notwithstanding thereafter you and the forces aforesaid having besieged the Castle of Dunnavertie during the said siege there were several Rendezvouz appointed for the said Gentlemen to make their appearance which frequently they did and were still dismissed until such time as those who were within the said House of Dunnavertie had rendred up the said House and them selves to be disposed upon at the mercy of the Kingdom or pretended Committee of Estates And that notwithstanding thereof you and your said Complices had most perfidiously treacherously and treasonably and for which also you are hereby endicted slaughtered and murthered or caused to be slaughtered or murthered the number of 260. of them or thereby they being under your trust assurance credit or power and did dispose upon the rest of them at your own hand without any lawful warrant to Captains William Hay and Archibald Campbel to serve in the French Wars then and hereafter you caused appointed a new Rendezvouz of the said Gentlemen who were in the House of Lochehead and their followers who having appeared in frequent manner you caused to be singled out fifteen or sixteen of the said Gentlemen who were that night sent to the said House of Lochehead and the next morning brought forth by you or such as were under your Command and most perfidiously cruelly and inhumanely without any Order of Law or Form of Process Civil or Military hanged and murthered And to aggravate the said cruel and barbarous crime It is of verity That one of the said Persons so murdered being an old man and having one son of age not above sixteen or seventeen years the father immediately before his death did depone that his said son had never carried my Arms offensive all his life time but that he had still been at Schools and that some few days before he had come from Glasgow the place of his Education to visit his Parents and therefore did earnestly supplicate in regard of his innocency his life might be spared Notwithstanding you and the bloody Actors of your purposes were so unmerciful as not to hearken to the said so just desire of the said dying old man but forthwith the said young innocent boy was cruelly also hanged to death Likewise not content with the aforesaid unheard of horrid acts of cruelty you in the moneth of _____ 1640. years or one or other of the moneths thereof by your self and Followers or such whom you might have stopt or let caused to be transported from the Isle of Ila to the Isle of Jura to the number of two hundred persons of all sexes and ages where all means of livlihood and subsistance being withdrawn from them they in a most miserable manner were pined and starved to Death by Famine except some very few who outlived the rest and were relieved and carried out of the said Isle by boats accidentally coming by Likewise the person of _____ Mac Donald alias Colmac Gillespy or Colkittoche being in anno _____ ordained by the Parliamenr or Committee of Estates thereof to have been brought from prison out of the House of _____ where hethen was where he had been kept by you and others in your time many years before to Edinburgh that the causes for which he had been kept and so detained in prison might have been known and he having for that end been brought in a ship the length of the road of Leith you for preventing such information of your cruelty and oppression exercised towards him and many of his friends and relations which he was able to have given and made out you in manifest contempt and scorn of the Authority of that Parliament under which you your self acted caused take the person of the said Colkittoche forth of the said ship after you had carried him to your own lands and bounds cruelly caused hang him to Death Eightly Notwithstanding of the manifold acts of mercy and favour dignity honour and trust conferred upon you by your then Dread Soveraign for reclaiming of you from your disloyal and treasonable practices plots and machinations against His Sacred Person Dignity and Authoriâ—y he being sore pressed and reduced to great straits and extremities by that Army of Sectaries before mentioned with whom you had formerly joyned as said is And having in that exigence and difficulty rather chosen from an innate principle of affections of his Country men to cast himself over in the hands of the Army of his Majesties Subjects of his ancient Kingdom of Scotland for shelter and preservation of His Royal Person Nevertheless you the said Marquess of Argyle being the chief Ring leader of that factions party who then swayed the Estate and Affairs both in Council and Armies in the said Kingdom did so contrive and complot and by your influence so prevail that after all fair offers made by his Majestie and His earnest desire to have come and lived in Scotland until such time as all differences in both Kingdoms had been settled That a pretended Act of Parliament was made for abandoning and leaving His Majestie to the disposal and mercy of the inveterate Enemies of His Majestie and Government the said Armies of Sectaries And that your acting in and accessions to the said Affair might be the more evident and clear and to aggravate your eminent and singular guilt therein you your self went to London where you basely under pretext of satisfaction for the Arrears of the said Army raised by the pretended Authority of the pretended Convention of Estates in anno 1643. as said is treacherously and Treasonably gave up at least condescended to the upgiving of your Dread Soveraign and Master and that as being impowered so to do by the Kingdom of Scotland and thereby did rub an indelible mark of reproach and infamy upon the whole Nation to all generations so far as in you lay And further to clear your foresaid treasonable dealings accessions to and correspondency with that infamous party of the said Army who carried on the said abominable and detestable act you being at the same time in a pretended joynt Committee of both Kingdoms while as the English therein did call in question whether the Scots Army would sincerely concur with them in their said Treason and Treacherie you after many arguments used in their Favours earnestly desired them to have patience for a little time it would appear by somewhat to the Officers of the Army how far they intended to concur and go along with them Likewise within few days after there was a Vindication and Declaration emitted in name of the said Armies whereby it was
a stroke nor power in the Parliament as is lybelled And my Lord for his Estate I had nothing in that but for my own absolutely necessary relief and was ever most willing to part with any interest I had therein getting his Friends who professed much Zeal for the standing of the Family engaged for warrandise to me of any portion that should happen to fall my satisfaction and to evidence that I was no means to harm the Family I stood with my Right betwixt all Fines and Forefeitures of Bonds and accompted for any thing I could receive and to manifest yet furder that the burden of that Family was not from any extrinsick cause to themselves I have under the old Marquis his own hand and his Sons George Lord Gordon who was a very worthy young Nobleman the just Inventory of their Debts amounting to about one million of Merks in anno 1640. It would I fear my Lord consume too much of the Parliaments precious time to hear many other circumstances to make this particular more clear which I shall at this time forbear The fourth Calumny is the death of the Marquis of Montrose There are many in this House my Lord who know very well I refused to meddle either in the matter or manner of it and so far were we from having any particular Quarrels at one another that in anno 1645 he and I were fully agreed upon Articles and Conditions contained in a Treaty past betwixt us the Gentleman is yet alive who carried the messages both by Word and Writing betwixt us and it was neither his fault nor mine that the business did not end at that time which is kown to all proved very obnoxious to the Kingdom thereafter The fifth Calumny is concerning my dealing with the English after Worcester fight It is well known my Lord to many that my self and the Gentlemen of Argyleshire my Kinsmen Vassals and Tennents endeavoured cordially to engage all their Neighbours about them on all hands against the English which they did not prevail in but was most unhappily made known to the English Commanders for the time which they cauâ—ed immediatly publish as a very notable Discovery in their news Books which occasioned two sad disadvantages to us for they not only crushed our Attempts in the infancy but also determined the severer Resolutions against us whereby two strong Regiments of Foot Overtouns and Reads and very near the number of one of Horse under the Command of one Blackamour were sent to Argyle and when Dean came there it pleased God to visit me with a great distemper of sicknes as Doctor Cunninghame and many others who were with me can witness what my Lord I was prest to when I was violently in their hands may be instructed by the paper it self written by Deans mans own hand yet extant to shew which I did abolutely refuse upon all the hazard of the uttermost of their malice as also what I was necessitate to do is likewise ready to be shown whereby I was still continued their Prisoner upon demand I shall my Lord add one Reason more to clear this besides many other weighty publick Reasons and Considerations which I shall forbear to mention at this time it being more natural to bring them in by way of Defences afterward my own Interest and of all Noblemen and Superiors in Scotland It may be rationally presumed that I had been a very senseless fool if ever I had been for promoting such an Authority or interest over me as levelled all and was so totally destructive to all that differenced my self and other Noblemen from their own Vassals which many says I was too earnest in Yea it being absurdly derogative to all true Nobility and my Ancestors and I as is said in that Libel having had so many Titles of Honour Dignity and eminent places of Trust conferred upon us by his Majesties Royal Predecessors and himself all for our constant Loyalty and adherence to the Crown at all occasions as the Records and Histories of this antient Kingdom holds forth besides the Narratives of all our Grants and asserting the just priviledges thereof against all opposers I did my Lord ever even when the English were at the intollerable height of Usurpation declare my true abhorrence to a Common-wealth Government which was well known to them all I was not indeed my Lord very dissatisfied when there was Rumours spread abroad of Cromwels being made a King as some here present can witness For I told them it was a most probable way for his Majesty and the more it were incouraged would tend the more to Cromwel and their deformed Common-wealths Governments Ruine and promote his Majesties just interest the more My Lord I shall not much blame my Lord Advocat for doing his endeavour it being an essential part of his Function to accuse but I must say That it is very hard measure that so able a man has taken near as many Months in taking pains to prompt as many Enemies as his perswasions could possibly invite to vent out the highest notes of their malice and laying out search by them for and collecting all the bad Reports or rather to give them their genuine term I may call them a confused Mass of the common Clashes of the Country thereby to devise misconstructions of all the publick actings of both Parliaments and Comittees during the late troubles and with strange and remote inferences to adduce all those to the channel of my particular actings he has taken I say my Lord as many Months as I have had days to answer them being an exceeding disadvantage But my Lord that 's not all I am likewise extreamly troubled that he labours in that Libel all along to draw an obscure vail of perpetual oblivion over all my good services and specially my faithful and loyal endeavours in restoring of his Sacred Majesty to the Crown of this his most Antient Kingdom of Scotland and the exercise of his Majesties Royal Authority therein with my cordial endeavours for his Majesties Restitution to the rest of his Dominions also which his Majesty both knows and has been pleased often to acknowledge it to have been good service yea and many present in this Honourable House knows that I extended both my Zeal and Affection to the utmost of my Power for his Majesties Service in that particular which I willingly acknowledge nothing my Lord but my duty whereunto I was tyed both by natural civil and Christian Bands to my Sovereign and specially such a King of whom I may say well as I have often affirmed That he is a King in whom the Lord has been pleased to take such pleasure as to possess his Majesty with so many superlative degrees of Excellency that will certainly exalt his Majesties Fame both in our Age and to subsequent Posterity above all the Monarchs in the World so that my Lord we may consequently discover a high Demonstration of the Lords singular Kindness and special
The Grand INDICTMENT OF HIGH-TREASON Against the Marquess of Argyle AT THE Instance of His Majesties Advocat EXHIBITED To the PARLIAMENT of SCOTLAND WITH An Account of what hath followed since thereupon Printed for the Author 1661. ADVERTISMENT READER THis Grand Indictment differs onely in two or three Articles from the other printed Charge at the instance of Sir James Lamond The Grand INDICTMENT OF High-Treason Against the Marquess of Argyle ARCHIBALD Marquess of Argyle you are indicted and accused and are to answer at the instance of Sir John Fletcher Knight His Majesties Advocate for His Majesties interest That whereas by the Laws of God expressed in Holy Writ by the Laws of Nations by the common Law and by the municipal Laws and Practice of this Kingdom especially by the third Act of the first Parliament of King James the first and by the first act of King James the 6 Parl 18. of blessed memory and by several other acts of Parliament all good and loyal Subjects of this Kingdom are bound and obliged perpetually to acknowledge obey maintain defend and advance the Life Honour Safety Dignity Soveraign Authority and Prerogative Royal of their Soveraign Lord and King their Heirs and Successors and priviledge of their Crown with their lives Lands and Goods to the utmost of their Power constantly and faithfully to withstand all and whatsoever Persons or Estates who shall presume preass or intend any ways to Impugn Prejudge or Impair the same and shal no way Intend Attempt Enact or do any thing to the Violation Hurt Derogation Impairing or Prejudice of His Highness Soveraign Authority Prerogative and Priviledge of His Crown or any point or part thereof And whosoever doth the contrary to be punished as Traytors and to forfeit their Lives Lands and Goods Likewise by the 25 Act of the 6 Parl. of K J. 2. and by the 75. Act of the 9 Parl. Q. M. All rising in fear of War against the Kings Person or Majesty All attempting to raise any band of men of War Horse or Foot in warlike posture without special licence of the Kings Majesty and all suppliers of them in help Redress or Counsel are punishable as Traytors Likewise by the 43. Act of the 3 Par. K. J. 1. and by the 134 Act of the 8. Parl and by Act 10. of 10. par and by the 205 Act of 14. Par. of K. J. 6. It is Statute and ordained That no Subject of whatsoever function degree or quality shall presume or take upon him publickly or privately to declaim speak or Write any purpose of reproach slander disdain or contempt of His Majesties Person Estate or Government or tending to the dishonour hurt or Prejudice of His Highness his Parents or Progenitors Or to meddle in the Affairs of His Highness and his Estate present by-gone or in time coming nor to deprive his Laws and Acts of Parliament nor misconstrue his proceedings whereby any mislikeing may be moved betwixt the Kings Majesty His Nobility and loving Subjects under the pain of losing their Lives Lands and Goods and others therein contained As also all hearers of any such leasings slanderous speeches or words and concealers thereof without apprehending of the Authors if it lye in their Power as reveal not the same to his Majesty or such of his Judges or Officers and are mentioned in the said Acts are liable to the like punishment as the principal Offenders Likewise by the 130 Act of the 8. parl of K. J. 6. it is statute and ordained That none of His Majesties Leiges and Subjects presume or take upon hand to impugn the Dignity and Authority of the Estates of Parliament or to seek or procure the innovation or diminution of the Power and Authority of the same under the pain of Treason Likewise by the last Act of the 3 Par. of K. J 5. and by the 33. Act of the first Par. of K. J. 6. all burning of Houses or Corn and wilful fire rising is declared Treason and the Committers thereof are to be Punished Likewise by the 51. Act of the 11 par of K. J. 6. It is statute and ordained That the murther and slaughter of what somever His Majesties Leiges where the party slain is under the Trust Credit Assurance and Power of the slayer all such murther and slaughter shall be Treason and the Persons found culpable shall forfeit Life Lands and Goods Likewise by the 37. Act of 2. parl K. J. 1 and by the 144. Act of the 12. Parl K. J. 6. All Receivers Suppliers or Intercommoners with any Traytors are punishable by forfeiture as the Traytors themselves Likewise by common Laws and practice of this Kingdom all Concealers and not Revealers of any malicious purpose of putting any violent hands on the sacred person of our Dread Soveraign the Kings Majesty or purpose of killing or putting him to Death and all Advisers Counsellors Aiders Abettors or Havers of any accessions there to are punishable as Traytors Nevertheless 't is of verity that you the said Marquess of Argyle having laid aside all fear of God Loyalty to His Sacred Majesty and to His Royal Father of ever blessed Memory natural Duty and Affection to your native Countrey and Countrey men and respect and obedience to the Laws of all well governed Realms the Common Law and the Laws Statutes Acts of Parliament and practices of this Kingdom and having trayterously intended and purposed the eradicating and subverting the fundamental Government of this Kingdom At least the enervating violaâ—ing derogating or impairing the Soveraign Authority Royal Prerogative of his Majesty and priviledge of the Crown You for carrying on of your said wicked purpose having gathered and convocated together in a hostile manner a great many of your Friends Servants Vassals Followers and others of His Majesties Leiges without any warrant licence or Command from His Majesty and therewith under pretext of opposing such as by you were the nicknamed Anti Covenanters and opposers of the work of Reformation but who indeed were faithful Assertors of his Majesties lawful Authority having marched to the foard of Lyon in Athol in the month of _____ 1630 _____ there did in your tent and in presence of a great many Gentlemen and others publickly declare That it was the opinion and Judgement of many Divines and Lawyers that a King may be deposed for desertions venditions and invasions And that howbeit that your words were in abstracto from any King yet that the sense and meaning thereof might appear to be of the then Kings Majesty your dread Soveraign you immediately did subjoyn and say to the late Mr. John Stuart of Ladiwel And Mr. John you understand Latine Likewise considering the condition of the Kingdom and the oppositions that a great many of the People were in to His Majesty particularly you the said Marquess and your Complices and Followers it is clear that the said words did not only treasonably reflect upon Kingly Government as being subject to the People who might