or by order of Law for notorious crimes according to standing acts of Parliament 8. It is well known I was in Ireland by Commission for the getting assistance of the Scots Army against those in arms in Scotland when his Majesty come to the Army before Newark so that his Majesties Declarations anent his Majesties gracious intention and resolution in coming to the Scots Army was sent both to the Committee of Estates of Scotland and to the two Houses of the Parliament of England before I come to Newcastle his Majesties Declarations were all recorded in the Committee Books and Printed that his Majesty come not with any intention to continue that unnatural Warr any longer or to make any division betwixt the Kingdoms but to comply with his Parliaments and these intrusted by him in every thing for setling Truth and Peace And that he would apply himself totally to the Councils and advices of his Parliaments upon which the Committee of the Parliament of Scotland and the General Officers of the Scots Army declared to his Majesty himself and the two Houses of the Parliament of England their receiving his Majesty was upon these terms All this was done before the Defender come to Newcastle after his Majesties coming there to the Scots army In this article these whom his Royal Majesty who then was and his gracious Majesty who now is calls his Parliaments are called a Factious party and the Defender the Ring-leader It is said in this article that I went to London but omits to tell by his Majesties Commissioners order at Newcastle as one of the Commissioners and only carried Instructions to the rest of the Commissioners at London for hastning the Propositions And likewise from his Majesty was commanded to take the advice of the Duke of Richmond and Marquiss of Hartford anent what might concern his Majesty and particularly if it was adviseable that the Scots Army should declare for his Majesty wherein they told me and conjured me to tell it to his Majesty that it was the only way at present inevitably to ruine his Majesty and desired me to shew it to his Majesty in these terms that himself knew neither the Nobility nor Gentry of England who attended his Majesty at Oxford desired him altogether to prevail over his Parliament by his Sword much less would they indure the Scots Army to do it that would make all England as one man against his Majesty Therefore desired his Majesty might by any means give way to the Propositions no other being left which could be of advantage to his Majesty this very advice he delivered to his Majesty at Newcastle and told the same to his Majesty who now is when he was in Scotland and intreated the Lieutenant of the Tower of London to propose for me that the Marquiss of Hartford then living might be examined in this but he put it off from time to time because of other great affairs in hand It must likewise here be remembred that at that time the two Houses of the Parliament of England was sitting fully and freely and neither Independant nor Sectaries were able to carry one vote in the houses And that the Houses declared fully their resolution for maintenance of his Majesties person and authority and such of them who attended his Majesty most were most for the disbanding of the Scots Army and his Majesties staying in England Next observe this Article that it is a great mistake that any thing done at London concerning leaving the King in England when the Defendare was at London that alledgeance of a Discourse of mine in the Committee of both Kingdoms must be likewise forged for as is said there was nothing moved at that time concerning his Majesties person but meerly for the Army and what concerned their satisfaction so that I think the Army at least to my knowledge emitted no such Declaration And though they had done it I may say I was never at any of their Consultations let them answer for their own deeds And to what the Parliament did no man was ever yet made answer for such things especially where the lawfull King hath approved the Parliament as a lawfull Parliament no succeeding King will ever question his Predecessors acts much less can a King in honour question any man for acting in a Parliament which himself hath approved And of such nature are the most part in this Libel yea all of them except words before 1651. so I may say without offence it were more for his Majesties honour and this Kingdom to think on a Declaration vindicating the Parliament of Scotland from such acts then so unjustly to lay such foul things on them and call them a factious party 9. It is to be observed that the meeting of Parliament 1648. is called the Estates of Parliament met by his Majesties special authority and it was so indeed being one of the Sessions of Parliament 1644. And in the first place there is a great mistake for no proposition was made after the Vote of Parliament the Protestation it self will clear this as is said in the former Libel I did not come to wait upon the Committee of Estates after Preston but being called and of necessity considering the times neither went I unsent to Mordington neither did the Invader Cromwel bring his Army into Scotland only that he resolving to propose some things to the Committee which the Books will clear he brought a small party with him to Lothian and the stopping him from bringing in his army and that he did not require pledges and the Strengths of the Kingdom was thought a mercy at that time both to those who returned out of England and all the Nation the Margine doubtless in one branch is mistaken at least as to me no man can say he heard me and neither his sayings nor doings was justifiable for the truth is he declared always he would not remove untill he had Berwick and the Informers may imagine that was in my power and he did remove and when that was done what Instructions were sent to or with Sir John Cheefly were neither of my Dyting or Writing 10. Being well known how active and instrumentall the Defendare was in every thing concerning his Majesties Restitution to his Crowns and Royall authority this Clause or Article is purposely for soyling his faithfull Service but his Majesty both knows and hath acknowledged the contrary of this by Word and Write And for what concerns the Marquiss of Montrosse his death I neither Consulted nor Voted in the manner nor matter of it though it was done in Parliament The next point in this Article is corresponding with Cromwell after his Majesty come to Scotland which is most false the like was said and recanted by Hamilton who was a Spy and so was hanged at Sterling For any Declaration at the West-kirk I had no hand in it by word writ nor message but on the contrary I did deal with some Ministers who came from the
THE Marquess of Argile HIS ANSWER TO HIS CHARGE Sent unto Him in the CASTLE of EDINBVRGH The 28. of January Printed in the Year 1661. A Preface to some generall things concerning this LIBEL I. IT may appear to any to be framed meerly out of malice because it takes in all things either alledged spoken or done since the year of God 1638. notwithstanding his Majesties Royal Fathers and his own acts of Oblivion and Approbation II. Because it does not so much as alledge any reason or motive for any thing hath been done nor any end why or to which any did drive and so making any man who was ingaged more malicious then the Devil and more unreasonable then brute Beasts III. It repeats all that hath been done by Kirk or Kingdom to be the Marquiss of Argyles deeds though he neither was at the beginning of the business nor very many of the particulars mentioned as the narration of his carriage can shew he shew both the reasons and ends of his doing all he did being meerly for Religion King and Kingdom according to the Covenant never pressing any thing earnestly but for the Covenant nor opposing but when it was refused 1. Mr. Jobn Stewarts Process will clear much of the falshood of this point for though such a discourse had been it was but narratively of a debate which was before the fitting of the Parliament 1640. Wherein Mr. Alexander Henderson used those very words though nothing to his Majesties disadvantage and whether I related that debate no mans memory can be charged with such a thing after so long a time and a clear Act of Oblivion of his Majesties Royal Father 1641. 2. This is a great mistake when the Defender came to the house of Airly Montross had put a garrison in it for the use of the Country and when I come there with the Countreys Order Sibbald who was in it upon sight of my Commission did presently leave it and the Earl of Airlies own friends knows except what Bushes were cut for Hutting to Souldiers I had no use to cut the Planting and my stay there a few days was expecting the Lord Ogilby whose Friends were gone to him for that purpose and the slighting of the house was then a favour his order being more strict and I believe his Friends or Tenants had no loss to my knowledge As for burning the house further in Glenyla the Defendâ—r knew nothing of it at all until some days after it was done and howsoever it was included in the Act of Oblivion 1641. 3. Some men indeed named under my Command lay at Dumbartan by order of Committee and Parliament whereby that Garrison was loth to come abroad and so many of them fell sick whereupon Sir John Henderson sent for me that I might come to the Castle and receive it from him upon honorable terms which I did and suffered him to make his own Articles for matter of honour And I tranâ—ported none of the Canon but when his Majesty was in Scotland 1641. the Duke of Richmond did give the Defender two Canon this is known to many this business is likewise before the Act of Oblivion 1641. 4. This is answered formerly there is added a promise of mine which needed not been mentioned for I acknowledge my many obligations to his Majesty as strong as that promise could make it And it were to wrong his Majesty to say he desired any promise to take away that which his Majesty commends so much in the large Treaty Scotlands desire of Unity in Religion and Uniformity in Church-Government as a special means for conserving of peace betwixt the two Kingdoms neither did Scotland at all joyn with any Army in England in League and Covenant but with the two Houses of Parliament 5. I neither did burn nor give Order to burn the house of Menstre though I had great provocations to it the day before Menstre was burnt the whole houses of two Parishes whereof I was only Superior was burnt and many poor Families put to extream necessity by it And a Son of the Earl of Sterling who had Menstre in possession by comprising did concur with the actors of so cruel a fact to poor people that were not wronging them at all himself and his father before him not only holding the same of me but in effect without money and my Father gave them the Land and when many years few duties had run on I my self discharged that Lady of the same amounting to a considerable summ so far do I abhor to be ungrate though I have often met with such dealing howsoever the 30. Act 1647. for liberating the good subjects from the pursuit and actions of the Rebels Civil or Criminal would suffice 6. This is answered formerly and it is a most unjust calumny 7. There are three or four things in this article 1. Concerning the men in Loathhead and Dunavarty 2. An old man begging his sons life denied 3. Sending 200 men from Yla to sterve in Jura 4 The carrying of Col. Mc. Gillespie from Lieth rode being brought there by order of Committee of Parliament To these I desire it may be known that in May or June 1646. his Majesty sent orders to Alexander Mac Donald and all under him to lay down Arms of the which number these men in Kintyre were a part who continued in arms contrary to his Majesties order Next I desire it may be known they were lying under engagements not to have joyned with Alexander Mac Donald notwithstanding all which they were in arms fighting against David Lefly and his party yea after Alexander was beaten they refused to come to him when other Countreymen did and went to the house of Lochhead and Dunabarty out of which David Leslie took them without any capitulation and disposed of them as the Council of Warre thought fit which the Defendare cannot be charged with For the second of the old mans request for his Son he never heard of any such thing before he saw this Libel so he conceives it to be a fiction and just so of the third for the Defendare was never in Yla nor Jura but with David Lesly and he does not remember any colour for such a discourse For the 4th of Col. Kittacks bringing to Leith Road by order of either Committee or Parliament is a meer fiction he was taken prisoner in Yla by the party under David Lesly and delivered to me and I put him aboard of Captain Browns ship who undertook to deliver him at Dunstaffage but Captain Brown not being willing to lose the opportunity of a fair wind did not go to Dunstassage but went streight to Leith Road and immediately gave me notice he had my prisoner aboard whom I received from him and sent to Dunstassage Captain Brown I think lives at Weymes who can declare this One thing I shall add in general that I thank the Lord by his grace helping me I never took any mans life but what was done in conflict
Commission of the Kirk to forbear pressing of his Majesty and where some of his Majesties Bed-chamber desired that I might deal with his Majesty to sign it I told them I could not well presse the King to a thing he said was so contrary to his Conscience seeing it reflected as he thought on his Royal Father but to speak to the King I would not refuse and if the King had done for a desire I know no crime in it 11. There are some things in this note in the former Libel as joyning with Colonel Twisleton in his March up Lochlomount he knows and I hope will not deny that before I went with him he told me that one Wakmsha was with him whether from the Earle of Glencairn himself or from General Monk concerning him I do not remember but he said the Earle of Glencairnes business was as good as ended and except I went with him I could not but miss General Monk who had sent for me who was upon March but that he was to meet with him or hear certainly from him the day he was going and all things did fall out accordingly and being under a Capitulation I did not know why I might not be in their company being resolved never to joyn with them in any action As for having a company of Foot under their pay it is a mistake the Shire of Argyl trusted me with a Watch for the Shire of Argyl which is most ordinarily in all places of the High-lands in broken times I made it known to General Monk the poor Country not being yet well planted after the burning could not be able to pay Cess and entertain the watch he was pleased to promise once help for 100. men but I hope his grace will not say that ever he required any engagement of them as Soldiers nor ever imployed he them at all but because they did not oppose my Son he would not continue his assistance to the Shire any longer and spoke against me what his grace pleased for my dissatifaction to the English And for exchanging prisoners it is a mistake two men who had been in Roseneth whereof I have charge come from thence shortly after my boat in the twi-light going up Clyde to see General Monk whom I had never seen before I staid for them thinking it had been some poor men flying from abuses but aboard they alleadged they were men belonging to the Earl Glencairn which I doubted however I chid them for coming that way and for abusing the Country where they com I told them I would only leave them at Dumbartan until I returned from Kilsyth where General Monk was and in the mean time that they might not suffer any thing desired they might deliver any Arms or Moneys they had to a servant of mine and all should be safely returned as it was done at my return and that they might not go as by way of any exchange I would not suffer them â—o be enrolled by Captain Thomson who was exchangeing some prisoners at my return but got them from him and sent them back without any Capitulation or exchange though some men I have forgotten who it was about that time took out of Dumbarton some of my boat-men and returned them to me without any treaty or Capitulation for that effect because it s said the Earl of Glencarn and Middleton were commissioned by his Majesty I can say truly I never knew it neither did any of their honours so much as by word writ or message intimate so much to me If they had I am confident I had satisfied them concerning my Carâ—age 〈◊〉 because of this though there was some hazzard in it to me I did desire to meet with his grace the Earl of Midleton in the Hills but I got no answer whether the messenger dealt faithfully I know not but I believe his grace knew so much and the necessary reasons I gave for the unseasonableness of that stiâ—ning all which I am ready yet to declare which doubtles will satisfie any As for my taking upon me to bring off any it is certain a mistake for the person mentioned John Mac-dowgal of Dowâ—olleith was not at all engaged in that service when the Earle of Glencarns and Midleton was in the fields A Short Answer to the Libel and Dittay given in upon the 28. day of Jannuary Before I say any thing particularly I must difference all can be said against me first in these heads and that is before his Majesties going out of Scotland 1651. and since the Cromwel killed and took possession until his Majesties happy return in Anno 1660. These again which were acted before his Majesty left Scotland in Anno 1651. of Publique concernment 2. Of private relating to particular persons Now for these things wherein I was an actor in relation to the publique concernments I never acted without the approbation of Parliament General Assemblies ratified by his Majesties Royal Father and himself And so the second relating to particular persons I never had accession to any thing but what is warranted by Act of Parliament approven by his Majesty and his Royal Predecessors for my acting after his Majesty left Scotland 1651. until his Majesties happy return 160â— I was still a prisoner on demand and had no agreement nor Capitulation with the English after his Majesty went until August 1652. being long after the deputies had taken the tender and were gone to London and all others in Armes had Capitulate and that all the rest in Scotland were living peaceably at their own houses except my kins-men and vassels in Argyle Shire and the invaders in full possession of the power and Government and never did then Capitluate but out of necessity An Answer to the particular Articles of the Libel 1. The Commissioners for Conservation of the peace stablished by his Majestie in the Parliament 1641. were to look to the keeping of the Articles of the large treaty whereof the endevours to procure an uniformity in Religion was one and that Monttosse and others censured by Parliament should not have accesse to his Majestie And when these Commissioners found these things slighted and themselves unequal for such a burden they met with the Privy Counsel and they both with the Committee of Comon burdens and all of them together invited a Convention of Estates and what they did anent their application to his Majesty and their desire of setling differences betwixt him and his people and the League and Covenant is set down particularly in the Ratification of Parliament 1644. which Parliament was called and convened by his Majesties special authority and which the said Parliament was never disclaimed but owned by his late Royal Majesty and is the foundation of all that followed even of the Parliament 1644. which is not only approven by his Majesty but by it his Majesty was called home and Crowned and from it the last Committee which met before this Parliament had then power so all that was
done 164â— is fully ratified by his Majesty in Parliament 2. For this it was done in publique Parliament where all the same members who sat 1648. were present and it is likewise Ratified by his Majesty and it was conceived inevitable and best for his Majesty as matters stood for the time being the least of two evils and no man then imagined his Majesties person nor Government in any hazzard 3. No Protestation 1648. against any Act of Parliament the Protestation it self will witness and it was before the Vote in Parliament the difference then may be mentioned for it was not as it is reported Commonly 4. The defender was presuing no forces but coming to meet with the Committee 1648 after the defeat at Preston being to consult what was best fearing no harm being at Sterling was invaded by George Monro and others and some of his friends who were with him were killed and others taken Prisoners 5. There was no invitation so far as the defender knows at all to Oliver Cromwel to come into Scotland but on the contrary an earnest endeavour was to keep him out by fairness which could not be done by force as the Acts of Committee treaty at Sterling can shew And for Cromwels visiting of Edinburgh and Edinbrough Castle and of visiting of him in it the defender was no keepers of the said Castle 6. The defender acknowledges his Oath he did not desert either his Majesty or his Army but his stay behind his Majesty in Sterling was by his Majsties own allowance because of his wifes dangerous sickness 7. The Defenders Capitulation is not as Libelled for he agreed not to the Government though he agreed to live peaceably under the Parliament of the Common-wealth of England and mention not without King and House of Lords which he particularly refused as the Paper which he was prest to sign-yet extant can shew And never yeilded to the same Articles which he signed while he was a prisoner in the hand and at such a time when he could not make any escape being heavily diseased as Dr. Cunningham and many others knows who were with him the same time it being as in the Preface in August 1652. 8. He was hardly able to come out of his Chamber when the Forces went out of Argyle shire so he was not present but I think hardly could 200. or 300 men stop the passing of two strong Regiments of Foot Overton and Read and about 300 Horse commanded by Blackmone when that year all his Hills and Bogs were as passible as the best High-wayes in that Countrey and though the Defender had done it it was but according to his Articles which he could not then alter and sure no man can think it a crime 9. The Defender did not accept any Commission at that time but refused to be in the Parliament and was resolved to forbear still if necessâ—â—y had not compelled him afterward 10. Did sell some Cannon to Dean when he told him he would not suffer him to keep them 11. There is a mistake or call it what you will in this Article for Col. Cobbet had ended his expedition when some of his ships were broken in Mull one Company went by land and was not so much as challenged And if the Defender had not given some way to go through the Country it would have been accounted a breach of Articles or if he had staid upon free quarter in the Country until he had sent to Air for new provision it would have ruined that part of the Country for it was not so much want of shipping as provision made him go the Land way And if I had betrayed him I know no man could like a Traytor howbeit they had liked the treachery neither was Glencarn in the fields nor the Earl of Middleton in Scotland at that time nor had any man Commission from his Majesty for any thing he knows 12. It is a general onely so it cannot but have a general answer that is most false 13. This Article is mistaken it was at proclaiming Oliver that I was as present being occasionally in Town I was commanded by General Monck to wait on the Council before I knew any intention of such a Proclamation 14. This Article is mistaken also I was desired by Aberdeen-shire to go for them to London in Richards time I had refused likewise to go then as I had in Olivers time if I had not been driven by necessity to it out of respect to Religion my native Countrey and to preserve my self from utter ruine not without hopes but someâ—hing might have been thought upon for his Majesty because of the freedom of Elections in England and as nothing was so much as mentioned at that time to his Majesties disadvantage so the breach was there made by which his Majesty entered by the Lords blessing there-after this I told to severals was most probable when I come back to Scotland my endeavour to stop the Act of Union until three things were first or joyntly done shâ—ws my resolution for my Religion and Country â—he three things were that our Laws and Judicatories might stand until they should be altered by common consent 2. That our Religion in Doctrine Worship and Discipline might stand according to the Covenant 3. That the Assess of Scotland might be made proportionable with England I did to severals declare the union could not be without these and I was told likewise that these would never be granted my own necessity was to get off a most unjust decreat of great sums laid upon me by that called the Exchequer in Scotland which was impossible for me to pay this I shall make clearly to appear And beside all this my going was not until the invaders had been past seven years in possession by consent and that all the Lawyers did plead their authority and Ordinances as Laws 15. It was well known I was hard prest to accept that and did it never until the poor people in whom I was nearly concern'd were in great difficulties for want of justice and I would not then embrace it but with a protestation though it was long after the invaders possession and that there was no other visible power nor authority 16. I can say nothing to this but it is a most false Calumny say it who will and I hope when it comes to be particular in the circumstances it will appear to be so for ever when the English were at Inveraray the Parish Minister Mr. Alexander Gordonn my own Chaplain in his family prayed constantly for his Majesty and my self in company did alwaies pray for such whom we were engaged to by either natural civil or Christian bonds 17. I can say to this as to the former and that it cannot be true because that brake out onely upon the Earl of Calenders marching to the Well whereof it is not said he was privy and though it were true all that businesse is approven in Parliament ratified by his Majesty
18. This is a great mistake I had no such precept but I had by Act of Parliament of Scotland the half of Excise of wines and Strong-waters in Scotland for payment to me for a great sum laid out by me for the Irish Army and by my Articles I was to enjoy my liberty and these debts due to me and when I craved performance of my Articles 1657. the Protector would not let me have the Excise but onely so much yearly out of it until I were satisfied wherein I had not what I ought so far was it from favour 19. I did never correspond with Richard Cromwel nor Fleetwood except in order to my own affairs nor with Sir Archbuld Johnston either to the prejudice of King or Country nor to my memory at all after the Committee of Safety â—ee 20 21 22 23 24 25. To all these answers Arch Kinglas had his Commission as Colonel from the Parliament or Committee and not from him and if he pursued Lamond doubtlesse it was as a Rebel at that time to the Estate of the Kingdom according tâ—â— Act and Declaration of Parliament approved of by his Majesty and his Royal Father and Predecessors so what Ard. Kinlas or any other did to Lamond let them answer for what they did unwarrantably it cannot reflect on him but he hopes they will clear themselves 26 The Defendor was is England when Lamond was brought out of his house and knew nothing of the business until he received letters shewing what had past and that Lamond had refused to return Alexander Mac-Donald according to his capitulation chusing rather to remain a prisoner with the defender the paper it self may be found if he deny whereupon he was detained prisoner having no security to give and having so often sworn and promised and after failed which will be shewen under his hand and having murthered so many people men women and children severals of them after quarter given beside the burning of many Gentlemen his neighbours houses and destroying their goods and their lands and going in to Alexander Mac-Donaâ—d notwithstanding he was in service against him with the defender not having fairly exonered himself This can be all clearly instructed and if this was not cause to keep him a prisoner let any judge 27. He know not nor remembers not any such things so it is but forged against him 28 He caused no such thing it was a thing done for his own entertainment and the defender being to secure Lamond for some just debts due to himself the Captain of Dunstaffage desired his bond likewise to be pursued in the defenders name which the Geutleman himself can shew 29. The Marquess is in possession of none of their Lands to his knowledge if he were it is a legal civil processe 30 He never knew any such thing 31 32 33 34 35 36 37 38 39 40 41 42 43 44 To all these let every man answer as he is concerned as he hopes they will clear so but this he must say for himself and his depute That it cannot be said they murthered any of these men with their own hands neither did they judge any man to die by the hand of Justice but such who were notoriously guilty according to standing Laws and no man can justly say any man was ever processed before them who had received any Articles though it was never conceived by any Judicatory in Scotland that any man taking a Rebel could pardon him except the person doer of it had particular warrant for that effect otherwise the Committee after Philliphauge had been much to blame for ordaining so many to be processed at which Committee were the sentencing of such who died at Glasgow shortly thereafter the Defender was not present This Answer was drawn upon the first receit of the Libel but a more full answer may be expected after he hath consulted with his Advocate FINIS