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 [Page 4] 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, 'tis 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, viola [...]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 in the cases aforesaid depose a King: but also it is clear, that your meaning also, and intention thereby was, that the Kings Majesty, your dread Soveraign might be so dealt with: And the said Treaso­nable speeches were so vented by you, of design to usher in your many Treasonable acti­ons and practices done by you unto His Sacred Person, Dignity, and Authority▪ which doubtless did occasion, and was mainly instrumental both in his deposition and cruel mur­der: Which wicked and Treasonable speeches, the said Mr. John having thereafter re­ported, you most cruelly and tyrannously did prosecute him to death, as a Leasing-maker betwixt the Kings Majesty and His good Subjects, howbeit you could not be but consci­ous of the Truth of what he had reported.

[Page 5] Secondly, In prosecution of your foresaid wicked and treasonable purposes, you having marched with the said Forces to the House of Airly, belonging to his Majestys Right trusty & well beloved Cozen and counsellor James Earl of Airlie, which was then kept for His Majesties Service and Authority, After you had forced the rendition of the said House, and destroyed the Woods and Plantings of the same, and Hearied and Destroyed the said Earls Friends and Tennants, His Majesties good Subjects, you did slight and demolish the said House; and to express your hatred against the said Earl, meerly for his Loyalty to His Majesty, did seize or by those under you did cause seize upon the House of Forther in Glenyla belonging also to the said Earl, and without any colour or pretence of offence did wilfully, most treasonably, and contrary to the foresaid Acts of Parliament, raise fire in the said House, and thereby Burnt and Destroyed the same, and hail Furniture therein.

Thirdly, In further prosecution of your treasonable Plots, and Machinations against His Majesties Person and Authority, contrary to the foresaid Laws and Acts of Parliament, in Anno 1640. you in an hostile manner, did most treasonably lay siege to His Majesties Fort and Castle of Dunbarton then fortified and kept for his Majesties service by Col. Henderson having His Majesties Warrant and Commission for that effect, and forced the said Colo­nel to render the said Castle to you; out of which most treasonably you caused to be tran­sported and carried away a great many of His Majesties cannon and other Ammunition, ap­pointed for defence and security of the said Castle.

Fourthly, Not withstanding that his then Majesty had in Anno 1641. Come himself in Person to this Kingdom, and most graciously condescended to all such Acts as were requi­red of him (how unjust soever) for securing and pleasing the People, and setling a peace; and that he had past one Act of Oblivion, to indemnifie all such as had formerly been in op­position to His Majesty within this Kingdom, and that he had conferred upon you the Title and Dignity of Marquess, as a Mark of His Royal favour, and put you in places of greatest trust in the Kingdom: And that you had sworn and promised in the Abby of Ho­lyrudhouse, that in case any trouble or commotions should happen to be raised in England by any of his discontented Subjects against him, you would assist and defend him against all such to the hazard of your Life and Fortune: And that His Majestie had parted from this His Antient Kingdom, as was said and acknowledged by all, a contented Prince from a contented People: yet nevertheless His Majesty being forced and necessitated in anno 1642. To leave His Parliament in England then sitting at Westminster, and His Royal Palace of Whitehal, and betake himself to defensive arms, for maintenance of his Royal Person. Dignity and Authority, and to protect the same against an Army of Sectaries, who mali­ciously, trayterously, eruelly and treasonably did invade the same; you contrary to your Allegiance, duty, obligations and recent promise aforesaid; did by your self and complices, to fortifie and strengthen the said Rebels and Sectaries. and in direct opposition to His Ma­jesties Person and Dignity, did call or cause to be called a pretended Convention of Estates in anno 1643. without any shadow or colour of lawful Authority, and you and they so convocated did take upon you the supream Authority of the Kingdom enter into League with His Majesties enemies, impose Subsidies and Excise upon the People, and raise an Army of his Majesties own Subjects, and therewith entred His Majesties Kingdom of Eng­land, seized upon His Majesties Towns and Forts there; and killed, murdered, plundered and destroyed His good Subjects, and in open and pitcht fields fought for, with and in behalf of the said Rebels, against His Majesties Forces, which in effect was the rise and cause of all the subsequent ruines and disasters that besel His Majestie or His loyal and good Subjects thereafter.

Fifthly, in anno 1645. after your return from England, to shew your implacable malice and hatred to all such as had any dependence upon, or affection to His Majestie, you by your self, and others under your command, or at your direction, did most treasonably raise most wilful fire, and burn the House of Menstrie Lyfrented, by the Countess of Ster­ling, and in her possession, and all the moveables and furniture, there extending to a great value, notwithstanding that the said Countess was an honorable aged Woman; and who, and her deceast Husband, the Earl of Sterling, by all observances and dutiful re­spects obliged you, so far as in them lay; thereby adding to the said act of Treason, the height of oppression and ingratitude.

Sixthly, in the year, 1646. You by your self, or those under your command, or for [Page 6] whom you were answerable, or whom you might have stopped or impeded. did take in the House of Tewart, belonging to the Laird of Lamond, and the House of Escoge, belong­ing to Lamond of Ascoge and after Articles of Capitulation drawn and subscribed by the Laird of Arkinglas, and other Officers under your Command, did most treasonably in man­ner aforesaid, under trust and assurance, as said is burn the said House of Ascoge, cruelly hang kill and murther a great many of the said Lairds of Lamond and Ascoges friends and follow­ers, as is more fully exprest in the Summons raised at their instance and mine for His Majesties interest against you, and which is repeated as a part of this Article.

Seventhly, You having trayterously intended the utter ruine and extirpation of all faithful and Loyal Subjects who had given Testimony of their faithfulness to His Majesties dearest Father, of ever blessed memory; and having with an Army of your Complices, Associates, Vassals, Servants, Tennents and followers in anno 1646. marched to Kintyre, where a great many of His Majesties well-affected Subjects of the name of Mac Donald, Mac Coull, and others, whose names are not particularly known to the number of 300 or thereby had fortified themselves for their security, against your oppres­ssion and violence in the House of Lochehead and Dunnavertie: And you with the said Forces, at least, a part of the said Forces having marched to the said House of Lochehead, the Gentlemen 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 [Page 7] 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 Authori [...]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 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 [Page 8] 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 [Page 9] 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 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 [Page 10] 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 [Page 11] 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 Mercat­crosses 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 [Page 12] 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 [Page 13] your positive Advice, that they should proceed to the questioning of the King for his Life; assuring them that they could never be safe until they had ta­ken away his Majesties life; at least, you did know of the horrible and trea­sonable design of murthering his said Majesty, and did most treasonably con­ceal, and not reveal the same, until after the said horrid deed was committed, and so past prevention or remedy. At which time, in Anno 1649, publick­ly in face of the pretended Parliament then sitting, you told, that the Usur­per Cromwel had told you, That England and Scotland would never be at peace, while the King were put to death: By all which particulars respectively, above rehearsed, it is clearly evinced, that you were and are Author, Contriver, De­viser, Consulter, Adviser, or art and part of all the foresaid crimes of Treason, and other above libelled, or one other of them in manner above declared; and thereby has incurred the pains and punishments of high Treason, and o­thers contained in the Laws and Acts of Parliament above written: which ought and should be inflicted upon you with all Rigour, in example to others in all time coming.

ORdered, That the abovewritten Dit­tary be given to the Marquiss of Argile, by a Herauld or Pursevant, and he to answer thereto, upon the eleventh Day of February next to come.

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