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
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
with the said Usurpers their Forces especially with the Collonels Overton Cobbet and Twisleton at least with the said Collonels Cobbet and Twisleton at least with Collonel Twisleton when he was in the High-Lands in opposition to the said Earl of Glencairn at least joined with them or one or other of them in Counsel Did take and relieve Prisoners did furnish several pieces of great Cannon to the number of Fourteen in anno 1653 or 1654. as also an number of Musquets to Collonel Aldred then Governour of Air which Cannon or a great many of them were taken out by you of his Majesties Castle of Dumbartoun at the time and in manner above-exprest and likewise you did take Pay from the said Usurpers for a Company of Foot under them and in their Service thereby openly and clearly making it appear what you did intend by all your more covered and privat machinations plottings and treasonable actings against his Majesties dearest Father and himself Likewise to make it appear what intimacy and power you had with the Usurper you not only did term and call the actings of his Majesties Forces against you and the Usurpers Rebellion but also you in anno 1654. did take upon you Power to bring off such as were in that Service and to give Remissions therefore under your own Hand particularly to John Mackdougal of Dunolich as the same under your Hand the said John will verifie Twelvthly The said Oliver Cromwel that Monster of Men vilest of Traitors most cruel Murderer bloody Tyrant and Usurper having reached as he thought the end of all his Devillish plots and Treasonable Machinations by usurping the Domination and Authority of his Majesties three Kingdoms and settling the same so far as in him lay upon him and his Family you conceiving the same so fixed and riveted that in humane probability it was not possible to be removed or shaken that you might avowedly reap the Fruits of your former more covered vile and damnable plottings Contrivings and Actings for the said Archtyrant and Traitor you then pulled off and laid aside the Mask of pretended Loyalty and Religion under which you had all along formerly lurked thereby having deceived and cheated a great many of his Majesties good Subjects from their due Allegeance and Loyalty under your hypocritical fair pretences of your Affection and Zeal for Religion Prince and Country to the utter Ruine if not of Souls of many of their Bodies Estates and Fortunes and did openly in Face of the World discover your self in your own Colours appearing and acting profestly and publickly in behalf of the said Usurper against his Majesties Person and Authority in so far as in the month of _____ 1650 the Usurper Oliver at least after the decease of the said Usurper the succeeding Usurper his Son being most treasonably and tyrannically proclaimed chief Magistrat and sole protector of all his Majesties Dominions and Territories thereto belonging at the Mercat-crosses of his Majesties Cities of Edinburgh and Dumbartoun you having apparently for such like Services done or to be done received from the said Usurper Oliver one Precept drawn upon the Exchequer of Scotland for payment to you of 12000 l. sterling or thereabout did with your personal presence countenance and assist the said tyrannical and treasonable Proclamation thereby so far as in you lay divesting his Majesty of his just and Royal Interest and Right and establishing the same on the Persons and Families of the said Usurpers Likewise not long thereafter the said Usurper the more to establish himself in his usurped Government having called a pretended Parliament consisting of a pretended new coined House of Peers and certain persons of his Majesties three Kingdoms as a House of Commons to sit in Westminster You did procure your self elected Commissioner for the Shire of Aberdeen at least did accept of a Commission from them albeit both by the Nobility of your Birth and your non residence within the said Shire you was in Law uncapable to be so elected at least ought and might have refused to accept any Commission Nevertheless having voluntarily and of your own accord embraced the said Charge and Imployment you thereupon took Journey and went to London and most basely perfidiously and treasonably sit voted and otherways acted in the said Usurpers pretended Parliament by whom his Majesties Right and Interest was disclaimed and abjured and the same owned only in the said Usurpers Person as a Member of the said pretended House of Commons to the high indignity and contempt of his Majesties sacred person and Authority the utter Destruction of Monarchical Government the Dishonour of this Kingdom and the great disgrace of your own Family and Posterity Thirteenthly You the said Marquis to make it further appear to the World that it was always your purpose and Intention to destroy his Majesties Authority and Government and to oppose his Restauration to his Just Right and Interest to his three Kingdoms at a Provincial Assembly holden at Inverary a litle after the Defeat of his Majesties Army at Worcester The Ministers praying for his Majestie after the accustomed manner you did most villainously and treasonably rebuke them saying that they were but Fools to pray for a malignant and wicked King whom God had rejected and would never restore him again or some such like words to that purpose And also you being at London in the time of the Usurper Oliver you said in presence of divers persons of Quality That you wondred how People could be so mad as to call home a Family whom God had rejected or such words to that purpose Likewise after your home coming to Scotland you openly in a publick Meeting at James Masterton's in Nidderies Wind in presence of several Noblemen and Gentlemen boasted That ye would own any thing you had done in these things bygone and that if it were to do you would do it again howbeit ye had known that all that had come would have come Thereby presumptuously taking upon you by outward success to give Judgement upon the hidden and secret Counsels and determinations of Almighty God and thereby to alienat the affections duties and allegeance of his Majesties good Subjects and to harden and confirm others such as are otherways disposed in their wicked courses towards his Majestles Person and Authority Lastly That your monstrous and execrable Treason may appear to all the World it is of verity that in the year 1648 at a private conference betwixt you Oliver Cromwel and Colonel Ireton the said Oliver complaining of the many Difficulties that attend their Affairs by reason of the divers designs which his Majesty had on foot from time to time against them you the said Marquiss made answer That their danger was great indeed in regard that if any of these designs should take effect they were all ruined and thereupon gave your positive Advice that they should proceed to the questioning of the King for his Life assuring them that they could never be
held forth that in case His Majesty would not condescend to all the desires of both Kingdoms which was no less then the divesting himself of all Regal Power Civil Ecclesiasstical or Military in State Church or Armies they would deliver him up which immepiately after the payment of 200000. Lib. basely and Treasonably was done by you and them Ninthly In Anno 1648. His Majesties Royal Father being contrary to all Laws Divine Humane most unchristianly barbarously treasonably detained and kept prisoner within the Castle of Newport in the Isle of Wight by a party of Factious disloyal and rebellious Sectaries The Estates of Parliament then conveened by his Majesties Authority having taken he said inhumane treasonable and cruel usage to serious consideration they found this Kingdom engaged in honour and Duty to resent so horrid and unheard of cruelty and lese majesty and obliged to use their utmost endeavours to relieve him out of the hands of such wicked Usurpers and to restore him to the former exercise of His Royal Authoritie in Freedom Honour and Safetie for effectuating whereof after all other fair ways essayed upon mature consultation had they found that the only probable means was the raising of an Army of His Majesties good Subjects which was accordingly Statute and Ordained by Act of the said Parliament against the carrying on of which so just laudable and necessary a dutie you did most violently and eminently oppose your self not only by arguing voting against and using all other means in your power to obstruct the same but also after the same was past in an act of Parliament you did most contemptuously and treasonably publickly dissent from and enter a Protestation against the same and not bei g therewith content after the said Armie in pursuance of their Dutie and allegiance had marched into His Majesties said Kingdom of England you shortly thereafter in the moneth of _____ in contempt of the aforesaid Authoritie and against the preservation of His Majesties Person and Authority Did most treasonably convocate an Army of factious seditious and Rebellious Subjects in opposition to the said Armie and therewith committed divers and sundry outrages murthers slaughter plunders and vastation upon the persons and estates of divers of His Majesties good Subjects and therewith invaded several Cities and Castles seized thereupon and upon the Magazen with Arms and Ammunition therein And at that time the said Rebellious Army of Sectaries of England being upon the borders you fearing and apprehending that the force and power raised by you should not be able to withstand His Majesties good and Loyal Subjects who were then risen and ready to rise in Arms for asserting and vindicating His Majesties Just Authority you did most basely treacherously and treasonably call into your aid and Assistance the said Armie of Sectaries Likewise you your self went in person to the House of Mordington belonging to the Lord Mordingtoun within a mile of the English borders to the end foresaid you did meet with the vile Usurper Oliver cromwel Commander of the said Army with whom you had several private meetings and consultations and thereby perswaded and so prevailed with the said Traytor that he thereafter marched with the said Armie to Edinburgh and the places thereabout and which march and incoming of the said Oliver you might have undoubtedly hindered in so far as it can be made appear by clear proofs and Testimonies of famous persons That it having been complained upon to him at the said House of Mordington that by reason of his lying there with such a great number of Souldiers the Lord Mordingtons tennants would undoubtedly be ruined He the said Oliver made answer that he could not help the same for his staying and going did depend upon you and that he was ready if you desired to march back to England at least you did contrive advise or consult the rising and convocating of the said seditious factious and rebellious Armie at least was one of the number your self present and with and assisting to them in arms at least did vote counsel or perswade the incalling of the said Army of Sectaries and they being so brought in you did countenance assist concur and consult with them or their Commanders or some of them in publique or in private at Edinburgh and in the Cannongate in the house called Lady Homes Lodgings and in divers other places As also you did most villanously and trayterously contrive counsel or vote to the drawing up of a Letter directed to the Traytor and abominable Usurper wherein you and your complices did engage your selves in the name of the Kingdom of Scotland to imploy your utmost endeavours that none who had been active in or consenting to the engagement against the said Sectaries or had been in arms at Sterling or elsewhere in maintenance or pursuance of that engagement should be imploy'd in any publique place or trust within this Kingdom whatsoever without advice or consent of the Kingdom of England as the said Letter dated the sixth day of October 1648. more fully bears As also you did draw up at least did counsel advise or vote to the updrawing of certain Instructions given to Sir John Chiesly who was sent by you and your complices as Commissioner to the pretended House of the Parliament of England dated October 17. the year aforesaid wherein you desire that the Noblemen Gentlemen of quality and considerable Officers of the army that went into England under the command of Duke Hamilton who were then prisoners might be kept as pledges for the peace of that Kingdom by which not only have you endeavoured most unnaturally to enslave your fallow Subjects and Countrey-men to the power of Strangers But most treacherously and treasonably as an unworthy ungrate Patriot done what in you lay to destroy the life of your own dread Soveraign and the Royal Authority in him and his Succession and to subject the Honour liberty power and Government of this His Majesties antient and free Kingdom to the command lust and tyrannie of ane faction of Forreign Traytors and Usurpers As also you upon the fourth day of May thereafter having taken upon you most treasonably the Supreme Authority of this Kingdom gave warrant under your hand for issuing out a Proclamation declaring that the wives children and families of James Lord Ogilby _____ Lord Rae Lewis Marquess of Huntly therein designed Lewis Gordon son to the Marquess of Huntly John now Earl of Middleton therein designed John Middleton of _____ sometime designed General Major should be no longer under the protection of this Kingdom and that such course should be taken for transporting them out of their Country to Forraign parts as the Estates of Parliament or their Committee should think fit Tenthly After His Majesties dearest and most Royal Father of eternal and most blessed memory had been most unchristianly inhumanely horridly and barbarously murthered by the said abominable Traitor and Usurper Oliver Cromwel and his wicked complices the