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A78605 The charge of high treason, murders, oppressions, and other crimes, exhibited to the Parliament of Scotland against the Marquess of Argyle and his complices, January 23. 1661. England and Wales. Sovereign (1660-1685 : Charles II) 1661 (1661) Wing C2056; Thomason E1083_1; ESTC R207960 22,777 33

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THE CHARGE OF HIGH TREASON MURDERS OPPRESSIONS And other CRIMES EXHIBITED To the Parliament of SCOTLAND AGAINST THE Marquess of Argyle And his COMPLICES January 23. 1661. LONDON Printed for Richard L●●●des at the White Lion in St. Pauls Church yard near the little North doore 1661. CHARLES by the grace of God King of Great Britain France and Ireland Defender of the Faith To _____ Heralds Pursivants and Messengers of armes respective conjunctly and severally specially constituted Greeting Forsomuch as it is humbly mean'd and complain'd to US by our trusty and well-beloved Counseller Sir John Fletcher Knight our Advocate for our interest in the action under-written and by Sir James Lamount of Inneryue Knight for himself and in the behalf of his kindred friends Vassals Tennants and Servants _____ parties grieved and damnisyed in manner after specified upon Archibald Marquess of Argyle George Campbell his Justice and Sheriff Deputy James Campbell of Ardkinglar Officer under the said Marquess his command Colin Campbell of Stra●uhir Duncan Campbell of E●angreg Officer under the command of the said Marquess John Campbell Fiare of Dunstafneich Officer also under the said Marquess's command Dongal Campbell alias Mackconnichie of Innerram Officer under the said Marquess's command Du●can Campbell Uncle to the Laird of Lochnell Officer under the said Marquess's command Robert Campbell of Auchimwilling John Campbell of Ardtariche Hew Campbell his Son Colin Campbell of Otter Patrick Campbell his Brother _____ Campbell of Derburgh Charles Campbell of Ballach●ll E●er Campbell of Kilbryd his Brother D●●e 〈◊〉 Glasie alias Campbell in Glead●●●ell John Ger Campbell there John Ma●k●●● Officer to the said George Campbell D●nald 〈◊〉 of Glensel●ech Andrew Macklaneidan● Uncle to Archibald Marklanchlant of Lethimetre A●gus Mack●h●er●●k Son to E●●r Mackener●ek of Obb James Campbell of Ormsay D●●gald Mackleriehe of Bralycha●● D●ncan Macknil●i●●r in Es●●g Archibald Campbell in Evinn●cha●●e Son-in-Law to the said Land of Otter Mr. Colin Mackla●chlan● Min●i●●● L●b●aylisheid All or the most part of them being the said Marqurss of Argyle his Friends Followers or Complicer under his command and such as he might have stopt or let That where notwithstanding by the 129. Act of the eight Parliament of Our dearest Grand-father King James the sixth of blessed Memory His Majesty and His three Estates then Assembled in Parliament ratifyed and approved the Royal Power and Authority over all Estates As well Spirituall as Temporall within this Realm in the person of His Majesty His Heires and Successors and did Statute and Ordinance that his Highnesse and his Successors by themselves and their Counsels were and should be Judges Competent to all persons his Highness's Subjects of whatsoever degree sunction estate o● condition they should be of in all matters wherein they o● any of them should be apprehended summoned or charged to answer And that none should presume not take upon hand to decline the judgement of his Highnesse his I ●eites and Successors or their Councell in the premises under the pain of Treason And sicklike by the first Act of the eight Parliament of our said dearest Grand-father King James the sixth His Majesties Soveraign Authority Princely Power Royal Prerogative and Priviledge of his Crown over all Estates Petions and Causes whatsoever And the whole Estates then conveen'd in Parliament for them and their Successon faithfully promised perpetually to acknowledg obey maintain defend and advance the Life Honour Safety Dignity Soveraign Authority and Prerogative Royal of Our ●id deatest Grand-father his Heires and Successors and Priviledge of the Crown with their Lives Lands and Goods And to withstand all Persons Powers and Estates who should presume any waies to impugne or prejudge the same Which Act is ratifyed by the third Act by the first Parliament of King Charles the first of blessed Memory our dearest Father Likeas by the third and forth Acts of King James the first his first Parliament and by the 37. Act of the second Parlialiament of King James the first and severall other Acts His Statute that none rebell against the Kings Person or Authority or if they do in the contrary or make War against his Liedges or reset any such Traitots or supplie them in red or counsill or doe favours to Rebells or any waye● assist them or doe not rise at His Majesties command being required they being convicted thereof are punishable as Traitors Likeas by the 134. Act Parl. 8. the 10. Act of the 10. Parl. of King James the 6. All depravers of His Majesties Lawes and medlars in His Majesties affaires or Misconstruers of His Proceedings whereby any mistake may be moved between His Majesty and his loving subjects are punishable by death Likeas by the 1. Act of King James the fift his 3. Parliament and by the 51. Act of the 11. Parl. of King James the 6. All burners of folks in their houses all burners of houses and Cornes and wilfull fire-faising As also all murder or slaughter of His Majesties Liedges where the party slain is under trust credit assurance and power of the flayer the same is declared Treason and Laese-Majesty Likeas by the 75. Act of Queen Maries Parliament 9. and divers other Acts it is Statute that no manner of person of persons of whatsoever Quality Estate Condition or Degree they be Liedges of this Realm Attempt to raise any bands of men of War on horse or foot without special ●icence in Writ had and obtain'd of the Queens Majesty for the time and Her Successors under the pain of death to be executed upon the raisers and risers in Arms. As also by the 50. Act of the 11. Parliament of King Iames the 6. it is Statute and Ordain'd that in case it shall happen any landed man to be convicted of the crime of common thest reset of theft or stealth reift in time comming They shall incur the caime and poine of Treason That is to say Tinsell and forfeiture of Life Lands and Goods Likeat by the common Law and practice of this Nation all Committers of Murder Man-slaughter Robbery Rapine or Reiff is punishable by death and who are Act or Part of any such crimes As also by the same Lawes all private Imprisoners Keepers of private Pritions and false Imp●●soners and all Oppression whatsoever are punishable in the like manner Nevertheless the Persons above named complain'd upon having laid aside all Fear of God Loyalty and Obedience to their Soveraign Lord and King natural affection and reciprocal duty to their Countreymen and sellow Subjects Have most traicesously trecherously perfidiously and cruelly committed the crime of high Treason and other crimes Murders Oppressions Robbeties Misdoods and Malversations underwritten contrary to out said Laws and Acts of Partiament and thereby have incurred the tespective pains and punishments therein contained In so fatas the said Persons above written Desendants porticularly the said Marquess of Argyle George Campbell his Servant and Justice and Sheriff-deputy James Campbell of Ardkinglas Colin Campbell of Straquhir Robers
Campbell of Anchi●willing John Campbell of Ardrariche Master Calin Macklan●hane D●●can Campbell of Ela●greg John Campbell Fiare of Dunstafaiche Dargall Campbell alias Mack●●●chie of I●●●etram Having from the beginning of the Insurrections and troubles in the year of God 1639 1640 1641. and 1642. both secretly and avowedly appeared in constant opposition to Our deatest Father his Royal Counsels and command● And after His Majesties most gracious Condescendencies to all the desires of his Liedges how unteasonable soever He having depatted to his Kingdom of England a cr●● ented Prince from a contented people Nevertheless the aforesaid persons continuing in their treasonable malice against their own Sovereign did in the moneths of Ianuary February March April May Iune Iuly August September October November December or one or other of them in the year of God 1641. most traite rously without their Sovereigns at thority or sicence and expresly against his will pleasure and service at their own hand and by their own power caused call and convocate a prerended Committee and Convocation of His Majesties Lieges wherein they themselves or one or other of them did personally convene and meet and in the said treasonable and unlawful Convocation did act and appoint treasonable leavies of His Majesties own Subjects in opposition to His Majesties person authority and express command And thereafter did actually invade and enter within His Majesties Kingdom of Engl. in open hostility taking His Majesties Towns killing his Subjects wasting and destroying their Estates and fortunes joyning with his rebellious Subjects in Eng. and an Army of Sectaries there for destruction of His Majesties Person Royal Family authority and government of these Nations so far as in them lay And thereafter in the moneths above written or one or other of them in anno 1646. the said Archibald Marquess of Argyle and the remnant persons above named Defendants or one or other of them in an unheard of way of trechery and treason delivered His Majesties sacred Person into the hands of the said Rebels who thereafter most trecherously murdered him For eschewing and preventing whereof the whole Estates of this Nation finding it necessary and incumbent to them for the relief of their Sovereign Lord from his captivity to ●aise an Army for that effect The said persons complained upon or one or other of them not onely by subtile and clandestine means by Declamations and familiar Conserences and openly by Declarations and publick Speeches in face of Parliament opened the same but also the same being past into an Act in the moneth of _____ 1648. years publickly entered their disassent or Protestation against the same most treasonably and trecherously against the authority of the King our dearest Father and the Estates of Parliament And yet their malice not testing satisfied they did by themselves their friends and adherents in October 1648. years or thereby convocate or raise in arms great numbers of His Majesties Lieges without any Warrant from King or Parliament and did in open hostility march to His Majesties Burghs Royal of Edenburgh and Sterling prosecuting his said Army killing His Majesties good Subjects wasting and destroying their lands and houses And thereafter most basely and traite●ously invited the late Tyrant and Usurper Oliver Crom●ell to enter His Majesties Kingdom of Sc●●land with an Army of ●●angers Traitors and Secta●ies sustain'd him and his treasonable Army with all so●ts of provision ●easting and countenancing himself and prime Officers in the metropoly●an City of Our Kingdom and within His Majesties ●ort and strength there of the Caille of Edenburgh where the most considerable strength of the Kingdom was for the time By these mean● ca●●ing the secresies of His Majesties Kingdom and Forts thereof upon to the view of those strangers and trayto●● Which by the laws of this and all Nations is high treason and in all probability was the Kingdoms bane and ruine and was the act immediately preceding the cruel Regicide and murther of their sacred Sovereign Our Royal Father At least they or one o● other of them were either aiders abe●tors assistants promo●ers divisers or act and part and particularly the said Marqars● of Argyle of the aforesaid treasonable crimes and others above libelled Secondly the aforesaid persons and particularly the said Archibald Marquess of A●●y●● not having yet satisfied hit malice treasonable attempts and purposes not considering the duty either be owed to God his Prince Countrey Nobility of his Family nor his own honour or reputation after multiplicity of Honours and Offices graciously conferred upon him by Our sacred Father and the dignity vouchsafed to him by Our Self in allowing him the tr●st and honour of setting Our Imperial Crown upon Our head upon the day of Our Coronation in Scotland which was the first of Ianuary 1651. years in presence of Our whole Nobility and Estates of Our said ancient Kingdom putting the Crown upon Our head with bowed down knees and up listed hands in presence of God Angels and men swore as sollows By the Eternal God who liveth and reig●eth for ever I shall supp●●s thee to my ●●termost And I s●●ar to be a loyal and true subject and faithful to the Crown And thereafter also kneeling and holding his hands betwixt Our hands did swear these words By the Eternal and Almighty God who liveth and reigneth for ever I became Your Liege and truth and faith shal bear to you and live and die with you against all manner of folk whatsoever in Your service Notwithstanding of all which after the said Archibald Marquess of Argile had dissoyally and basely deserted Out Person and Army at Sterling when We were on Our match to Engl. in the year 1651. did in the moneths above written or one or other of them anao 1652. at the desire of General Dean and Colonel Overton Our known and publick enemies they having come to In●●rrarey with a Regiment of Souldiers and there the said Marquess had conference and consultation with them and did swear at least subscribed and acknowledged the government of Our Dominions as it was then established by the said wicked Tyrant and Usurper Oliver Cromwel and his said adherents in a Common-wealth without King or House of Lords and obliged himself to live under it and be obedient thereto And conform thereto most perjur'dly and infamously the said Archibald Marquess of Argile after the said Army of Rebels and Sectaries under the command of the said General Major Dean and Overton were drawn to such a streit in their return from Innerarey they being in the power of certain of the said Marquess his friends and divers others of His Majesties loyal Subjects then in arms standing in opposition against them and they having taken in all Passes the said Marquess being then Our Justiciary in these bounds and Sheriff of Argyle most traiterously and infamously against his said Oath and duty did interpose himself in favours of the enemy commanding and counselling Our said faithful Subjects who stood in opposition to the said
enemy did suffer them safely to pass without opposition and by the said Marquess his insinuation there was a safe pass given to the said enemy from the foresaid danger Like as further to evince the said Marquess his treasonable compliance and affection to the said wicked Tyrant and Usurper Oliver Cromwell in all his wicked and treasonable courses and attempts he in the moneth of _____ a thousand six hundred and fifty _____ years upon a pretended call from the said Tyrant and Usurper to convene a pretended Parliament without any coaction or necessity did engyre himself in favour of some Shires and dealt with them to elect him for their Commissioner at least being elected he voluntarily accepted thereof and upon their said pretended Commission he went to the said pretended Parliament at Westminster and there most perfidiously and perjuredly t●●cherously treasonably and ●●●ribily contrary to his own dignity and degree sate and acted by Voting and other wayes in the said pretended Parliament as a Member of the House of Commons for establishing the said Tyrant his usurped authority and abolishing of Us and Our Royal Race from Our just right and title to Our Crowns of Scotland England and Ireland And also the said Marquest in further prosecution of his treasonable rebellious coune and designs in the moneths above written or one or other of them in the year 1653. or 1654. or either of them sold and delivered several musquets and other ammunition to the said Rebels to the number of seventeen Cannon and seven hundred musquets or there abouts Thirdly in the year 1654. severall of Our loyal subjects having for Vindication of Our Authority and revenge of Our Royal Father of blessed Memory His Murder Taken arms under the command of Our Trusly and right well-beloved Cousins and Counsellouts William Earl of Glencairn● and John Earl of Middlettes then Our Commissioners for that effect Against whom and Our forcer under their command the said Enemies being about to transport eight hundred men to the North under the command of Col. Gebber and being driven to the Isle of M●le and shi broken in their way and so ready to perish The said Archibald Marquesse of Argyle and the remanent persons above complain'd upon or one or other of them in the moneths above-written or one or other of them in the year 1654. or 1655. did gather together all their own Boars and others and therein did safely transport them to Dunburten from the said Isle of Mule and to other safe places At least the said Archibald Marques of Argyle and remanent persons above complain'd upon or one of other of them were authors aiddes abettors assisters advisers or ar● and part of the foresaid treaso●r and other crimes and misdeeds above libelled Fourthly the said Marques and remanent persons above complain'd upon or one or other of them in the moneths above written or one or other of them in the yeare 1654. 1655. most perfidiously treacherously and traiterously went into the said English Rebels without any coaction or necessity to the Highlands in Lochquhaber and severall other places and joyned with the said Rebells for suppressing of the said Parles of Glencairne and Middleton then our Commissioners and our Forces under their command and countenanced counselled and conveyed the said Rebells through divers places in the Highlands in their expedition against our Forces At least the said persons defendents and particularly the said Archibald Marquesse of Argyle were Authors Actors Aiders Abettors Assisters and Countenancers of the said treasonable crimes and others above specifyed Fifthly when the said Arch-Traitor and Regicide dyed Richard Cromwell his Son was by order of his Fathets traiterous Council sitting at London Proclaimed Protector of our three Kingdoms at the Market Crosse of Edinburgh which was done accordingly by a pretended Councill sitting at Edinburgh for the time At the doing whereof the said Archibald Marquesse of Argyle most traiterously treacherously and persidiously in the moneths of _____ a thousaid six hundred fifty _____ year went up to the said Crosse of Edinburgh at the time of the said Proclamation and did countenance and assist the same by which our authority was altogether abolished And moreover to further evidence the said Marquesse of Argyle his willingnesse to serve the said Usurper in the accomplishing of all his treasonable designs and to extirpate us from our Royal authority and Government he endeavour'd by all means possible when the foresaid Tyrant and Usurper had commanded Commissioners from shires in Scotland to appear at London in his pretended Parliament for Establishing his Usurped authority and abolishing of Us and Our Royal race from our just Right and Title to our Crownes of Scotland England and Ireland and for suppressing of the Priviledges Lawes and Liberties of this our ancient Kingdom of Scotland The said Marquesse did in obedience of the said Traiterous command obtain himself to be Elected Commissioner for the Sheriffdom of Ba●●f and thereafter went up to England and there sat as a Member of that Traiterous Correction and meeting at London wherein Declaration was made against Us and our Successors debaring us for ever from our Just and lawful Right and Title to the Crownes of these our three Kingdoms Likeas thereafter the said Marquess did embrace the Office of Sheriff-ship of Argi●e from the enemy and exercised the same under them for his own ends and did several times swear at least subscribe in their favours against U● Our Successors Crown Government and Sovereignty and to be obedient and live peaceably under their Government of Our Kingdoms in form of a Common-wealth at it was then established by the said Traitor and Usurper Of the which treasonable deeds and acts and others aforesaid the said Defenders and particularly the said Archibad Marquesi of Argyle or one or other of them were anthory aiders abettors assisters contrivers promoters and countenancers Sixthly to further manifest the said Marquess of Argyle his treasonable deeds acts and intentions against Us contrary to his oath and duty the same evidently appears by his treasonable speeches following in so far as he being present in a Provincial assembly at Innerarcy in the moneth of _____ 〈◊〉 one or other of the moneths above written in the year 1652. or 1653. or one or other of them some Ministers being then present praying for His Majesties happiness and welfare the said Marquess did openly say and declare before them That they were has fools to pray for that wicked false malignant King whom God had casten off and would never restore again and certain ●●ber words to this purpose and meaning the said Marques● having uttered the like treasonable speeches at London and elsewhere And also in one or other of the said two years above written in the moneth of _____ or one or other of the said moneths the said Marquess being within a Chamber of his mansion house at Lochhead in Ke●tyre stamping with his foot did vaunt himself saying That he was the onely