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A75567 The Declaration and apology of the Protestant people that is, of the noblemen, barrons, gentlemen, burgesses, and commons of all sorts, now in armes within the kingdom of Scotland. Argyll, Archibald Campbell, Earl of, 1629-1685. 1685 (1685) Wing A3677; ESTC R230114 9,451 8

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and absurd pretexts of inevitable intercommunings and reset both in their crimes and punishments The setting up of the most violent and obnoxious of men to be Ministers of the Law and Packing juries and assizes most partially for their worst ends The straining streaching and wreasting of Law not only in prejudice of every one suspected to be dissaffected to their evil courses but the violation of all right for spoiling and robbing cities and incorporations of their ancient and undoubted priviledges The transporting of freemen as slaves to forreine plantations for not making faith to answer against law super inquirendis as also for not dilating men upon Oath according to a most impious Law lately made against Nonconformists in matters where in the party put to swear judges them to be in their duty without exception of his nearest relations The arbitrarie imprisonings and detainings of free subjests without either bringing them to trial or allowing them any hearing The torturing of several persons even fyve times more of conscientious non conformists within these tuenty yeares then of all sorts of fellons and malefactors in Scotland these hundered yeares by past and that without either just previous grounds regarding of Legal methods or observing the measures of common humanity The eliciting by promises of indemnity and the publick faith interposed for that effect voluntary confessions of some as of Mr. Iames Mitchill c. and then not only retracting and dissowning the promise condition upon Oath in face of the justice court but further witnessing the confession to the poor mans condemnation not with standing the bookes of council containing the aforsaid indemnity were produced and laid open before and at the very time of their swearing Lyke as of Late after most cruel and exquisit tortures practised upon Mr. Spens Mr. Carstairs and a full ample promise there after made them with an act upon it that neither they nor their evidence should ever be made use of to their or to any other mens hurt they never the less cause produce and do sust●ine Mr. Carstairs deposition Against Bailzie of Iarviswood for an adminicle or aid to their lame and defective probation The making men offenders yea traitours for words and these true fair and innocent As the Earl of Argyl for declaring before the Council after leave given and with submission and only for exonering his own conscience that he believed the Parliament intended no contradiction in the test and therefore was willing to take it in their sens viz for securing the Protestant Religion and that he did not thereby mean to bind up him self from endeavouring Lawfully in Church and State what Religion and Loyaltie might obleidge and allow him to do for which words nevertheless he was tryed and condemned as a traitour in the loss of his life lands and goods and stands de facto deprived of both Lands and goods having only saved his life in the extremitie by a gracions providential escape The cruel executing to the death of several hundreds within these tuenty yeares besids many hundreds more that have either fallen in the fields or been made to perish in their imprisonments or transportations and that for the alone cause or on the occasion of their conscientious non conforming And some of them of which number several poor women for their bare opinion about the Kings breach of trust never before by them vented but simply declared upon examination and most part of them dispatched with that barbarous inhumanity as that after no better example then that of the bloody Duke of Alba they were by beating of Drumms hindered to speak to the people their last and dying words And some of them contrair to the perpetual custom of Scotland and all the formes used in the Christian world and as if it had been on design to destroy both their souls and bodies tryed sentenced and put to death in one Day yea the time and hour of their Death industriously concealed from them that they might be cut of by a more mortal surprise The condemning some to death others to the boring of their tongues and syning many in most exorbitant summes even to 100000 pound Sterling for calling the Duke of Yorke a Papist notwithstanding the notoriety of the matter to all men and his recusancie sound and declared by a grand jurie and expressly Supposed by an exception in his favours contained in an Act of parliament and that now he goes openly to the mass and marches in solemn processions to the horrour of all good Protestant subjects The loosing and exempting the Kings Sones and brothers from what themselves conceaved to be the best fence and greatest securitie for the Protestant religion The imposing and pressing of Oaths without Law manifestly contradictorie and that by terrible menacings violent beatings rigorous imprisonings and irreligious swearings no less barbarous then what was practised by the Spanjards in Christianising the wilde Indians The eating up of men by free quarters or otherwise falling on them by dounright violence as dryving with drawen Swords to constrain them to hear whom in their conscience they judged unsent and uncalled Curats to the effaceing of all conscience and oppen scorn of God and that pure and free religion which he only accepts The compelling the heritors of Shires to assesse them selves and the free subjects within their bounds a thing expresly denyed by Law to the King himself and only reserved to Parliaments The Sorning upon harrassing and destroying the best parts of the Country by four extraordinary circuits upon one and the same subject of Bothwel bridge on purpose as it were to justify his highness judgment to his late majesty That it would not be well with Scotland untill the South of Forth the better and more substantial halfe of that Kingdom were turned to a hunting field And to verify the late Chancellor the Earl of Aberdeen his affirmation at the Council board that there was not a loyal subject west ward of the Castle of Edinburgh The industrious stifling hindering or eluding the detection of all popish plots The Shamming of Mock plots upon good Protestants The suborning of witnesses hounding out and encouraging of Assassins to murder and cut the throats of honest men And generally in the studied and constant ensnaring or ruining upon every Shaddow of pretence all esteemed either fixed to the protestant interest or well affected to their Countries libertie This wicked mysterie wee Say and conspiracy of Popery and Tyrranny inseparablie twisted both in experience and reason in all their attempts upon these great and mighty Nations so unanimously united and firmly fixed in their contrarie Profession rights liberties having made so great a progress by the steps abovementioned is now at length evidently disclosed and brought to full maturity by the most suspicious though with all most ungrate cutting off of the late King as having indeed very unhappily acted all that part of which the conspirators did judge him capable