The Grand INDICTMENT OF HIGH-TREASON Against the Marquess of Argyle AT THE Instance of His Majesties Advocat EXHIBITED To the PARLIAMENT of SCOTLAND WITH An Account of what hath followed since thereupon Printed for the Author 1661. ADVERTISMENT READER THis Grand Indictment differs onely in two or three Articles from the other printed Charge at the instance of Sir James Lamond The Grand INDICTMENT OF High-Treason Against the Marquess of Argyle ARCHIBALD Marquess of Argyle you are indicted and accused and are to answer at the instance of Sir John Fletcher Knight His Majesties Advocate for His Majesties interest That whereas by the Laws of God expressed in Holy Writ by the Laws of Nations by the common Law and by the municipal Laws and Practice of this Kingdom especially by the third Act of the first Parliament of King James the first and by the first act of King James the 6 Parl 18. of blessed memory and by several other acts of Parliament all good and loyal Subjects of this Kingdom are bound and obliged perpetually to acknowledge obey maintain defend and advance the Life Honour Safety Dignity Soveraign Authority and Prerogative Royal of their Soveraign Lord and King their Heirs and Successors and priviledge of their Crown with their lives Lands and Goods to the utmost of their Power constantly and faithfully to withstand all and whatsoever Persons or Estates who shall presume preass or intend any ways to Impugn Prejudge or Impair the same and shal no way Intend Attempt Enact or do any thing to the Violation Hurt Derogation Impairing or Prejudice of His Highness Soveraign Authority Prerogative and Priviledge of His Crown or any point or part thereof And whosoever doth the contrary to be punished as Traytors and to forfeit their Lives Lands and Goods Likewise by the 25 Act of the 6 Parl. of K J. 2. and by the 75. Act of the 9 Parl. Q. M. All rising in fear of War against the Kings Person or Majesty All attempting to raise any band of men of War Horse or Foot in warlike posture without special licence of the Kings Majesty and all suppliers of them in help Redress or Counsel are punishable as Traytors Likewise by the 43. Act of the 3 Par. K. J. 1. and by the 134 Act of the 8. Parl and by Act 10. of 10. par and by the 205 Act of 14. Par. of K. J. 6. It is Statute and ordained That no Subject of whatsoever function degree or quality shall presume or take upon him publickly or privately to declaim speak or Write any purpose of reproach slander disdain or contempt of His Majesties Person Estate or Government or tending to the dishonour hurt or Prejudice of His Highness his Parents or Progenitors Or to meddle in the Affairs of His Highness and his Estate present by-gone or in time coming nor to deprive his Laws and Acts of Parliament nor misconstrue his proceedings whereby any mislikeing may be moved betwixt the Kings Majesty His Nobility and loving Subjects under the pain of losing their Lives Lands and Goods and others therein contained As also all hearers of any such leasings slanderous speeches or words and concealers thereof without apprehending of the Authors if it lye in their Power as reveal not the same to his Majesty or such of his Judges or Officers and are mentioned in the said Acts are liable to the like punishment as the principal Offenders Likewise by the 130 Act of the 8. parl of K. J. 6. it is statute and ordained That none of His Majesties Leiges and Subjects presume or take upon hand to impugn the Dignity and Authority of the Estates of Parliament or to seek or procure the innovation or diminution of the Power and Authority of the same under the pain of Treason Likewise by the last Act of the 3 Par. of K. J 5. and by the 33. Act of the first Par. of K. J. 6. all burning of Houses or Corn and wilful fire rising is declared Treason and the Committers thereof are to be Punished Likewise by the 51. Act of the 11 par of K. J. 6. It is statute and ordained That the murther and slaughter of what somever His Majesties Leiges where the party slain is under the Trust Credit Assurance and Power of the slayer all such murther and slaughter shall be Treason and the Persons found culpable shall forfeit Life Lands and Goods Likewise by the 37. Act of 2. parl K. J. 1 and by the 144. Act of the 12. Parl K. J. 6. All Receivers Suppliers or Intercommoners with any Traytors are punishable by forfeiture as the Traytors themselves Likewise by common Laws and practice of this Kingdom all Concealers and not Revealers of any malicious purpose of putting any violent hands on the sacred person of our Dread Soveraign the Kings Majesty or purpose of killing or putting him to Death and all Advisers Counsellors Aiders Abettors or Havers of any accessions there to are punishable as Traytors Nevertheless 't is of verity that you the said Marquess of Argyle having laid aside all fear of God Loyalty to His Sacred Majesty and to His Royal Father of ever blessed Memory natural Duty and Affection to your native Countrey and Countrey men and respect and obedience to the Laws of all well governed Realms the Common Law and the Laws Statutes Acts of Parliament and practices of this Kingdom and having trayterously intended and purposed the eradicating and subverting the fundamental Government of this Kingdom At least the enervating violaâ—ing derogating or impairing the Soveraign Authority Royal Prerogative of his Majesty and priviledge of the Crown You for carrying on of your said wicked purpose having gathered and convocated together in a hostile manner a great many of your Friends Servants Vassals Followers and others of His Majesties Leiges without any warrant licence or Command from His Majesty and therewith under pretext of opposing such as by you were the nicknamed Anti Covenanters and opposers of the work of Reformation but who indeed were faithful Assertors of his Majesties lawful Authority having marched to the foard of Lyon in Athol in the month of _____ 1630 _____ there did in your tent and in presence of a great many Gentlemen and others publickly declare That it was the opinion and Judgement of many Divines and Lawyers that a King may be deposed for desertions venditions and invasions And that howbeit that your words were in abstracto from any King yet that the sense and meaning thereof might appear to be of the then Kings Majesty your dread Soveraign you immediately did subjoyn and say to the late Mr. John Stuart of Ladiwel And Mr. John you understand Latine Likewise considering the condition of the Kingdom and the oppositions that a great many of the People were in to His Majesty particularly you the said Marquess and your Complices and Followers it is clear that the said words did not only treasonably reflect upon Kingly Government as being subject to the People who might
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 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 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
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
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 31 January 1661. 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 Edinburgh At the Parliament-House February 13. 1661. THe Marquess of Argyle being accused of High Treason at the instance of Sir John Fletcher his Majesties Advocat for his Interest was brought to the Bar His Lordship humbly desired but to speak a few words before read the Indictment assuring to speak nothing in the Cause it self Whereupon he was removed a little and after some Debate the House resolved that the said Indictment should be first read Then his Lordship desired that a Bill which he had caused his Advocats give in to the Lords of the Articles desiring a precognition with many reasons urging the necessity of it to which he had received no answer might be read before the said Indictment which being likewise refused the said Indictment was first read and after the reading thereof the Marquess being put off his first thoughts was compelled to this extemporary Discourse following as it was faithfully collected from several Hands who writ when his Lordship spoke May it please your Grace MY Lord Chancellor Before I speak any thing I shall humbly protest my words may not be wrested but that I may have Charity to be believed and I shall with God's assistance speak truth from my heart I shall my Lord resume Mephibosheths answer to David after a great Rebellion and himself evil reported of saith he 2 Sam. 19.30 Yea let him take all for as much as my Lord the King is come home again in peace into his own house So say I since it has pleased God Almighty graciously to return his Sacred Majesty to the Royal Exercise of his Government over these Nations to which he has undoubted Right and was most unjustly and violently thrust therefrom by the late tyrannizing Usurpers It is my Lord exceeding matter of joy to us all that that Iron-yoke of Usurpation under which we have these many years sadly groaned is now broke and with much freedom this High and Honourable Court of Parliament are meeting together under the refreshing warm Beams of his Majesties Royal Government so much longed for by our almost starved expectations and I do earnestly wish his Royal Presence upon his Royal Throne amongst us but since at this time that great happiness cannot probably be expected I am glad that his Majesties Prudence has singled out such a qualified and worthy person as my Lord Commissioner his Grace to represent himself whose unspotted Loyalty to his Majesty we can all witness I cannot my Lord but acknowledge that these two grand Mereies which comfortably attends my present condition one is The high thoughts I deservedly entertain of that transcendent and Princely clemency wherewith his Sacred Majesty is so admirably delighted abundantly evidenced by many noted and signal testimonies in all the steps of his Majesties carriage as those most gracious Letters Declarations and that free and most ample Act of Indemnity granted to all his Majesties Subjects excepting some of the immediat Murderers of his Royal Father to eradicate any timorous Jealousies of his Majesties gracious Pardon which might haply arise by serious reflectings convincing them forceably of their own miscarriages in these unhappy times of distraction The effects my Lord of which Princely deportment I am confidently hopeful his Majesty has experimentally and shall find prove one effectual Cement to concilliate the most antimonarchick and disaffected persons excepting some of those barbarous Phanaticks in all his Majesties Dominions most willingly to the subjection of his Majesties Royal Scepter and with a perfect hatred abominate all disloyal Practices in themselves or others in all time coming The second is my Lord When I consider that my Judges are not such as we had of late Strangers but my own Countrymen both which jointly together with the real sense and solid convictions I have of my innocency of these calumnies most unjustly charged upon me encourages my hopes the rather to expect such dealing as will most sympathize with that clement humour to which his Sacred Majesty hath such a natural propensity and such equal administration of Justice void of all byassing prejudices as will be most suitable to such a high and honourable Meeting I shall therefore my Lord desire to use Paul's answer for himself being accused of his Countrymen may not be mistaken he having a learned Orator Tertullus accusing him Acts 24.14 15 16. as I have my Lord Advocat Paul's was Heresie mine of another nature but I must say with him That the things they alledge against me cannot be proved but this I confess in the way allowed by solemn Oaths and Covenants I have served God my King and Country as he said which they themselves also allow I shall my Lord remember not with repining but for information my hard usage never having had my Hearing nor allowance of Pen Ink nor Paper nor the comfort of seeing my Friends freely until I received this Summons which was in effect a Load above a Burden Enemies both Scots and English out of Malice calumniating me for all the same things excepting what relates to his Majesties most Royal Father of ever glorious memory Therefore my Lord I beg charity and patient hearing not doubting but the wisdom and goodness of the Parliament will be so favourable and not as the inconsiderate multitude as a learned and able man * * Sir Walter Raleighs Preface to to the History of the World writes says he As we see in experience That Dogs they always bark at them they know not and that it is their nature to accompany one another in those clamours so it is with the inconsiderate multitude who wanting that vertue which we call honesty in all men and that special gift of God which we call charity in Christian men condemn without hearing and wound without