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 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 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 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
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