THE CHARGE OF HIGH TREASON, MURDERS, OPPRESSIONS, And other CRIMES, EXHIBITED To the Parliament of SCOTLAND AGAINST THE Marquess of Argyle And his COMPLICES, January 23. 1661.

LONDON, Printed for Richard L [...]des, at the White Lion in St. Pauls Church yard, near the little North doore. 1661.

CHARLES by the grace of God. King of Great Britain, France, and Ireland, Defen­der of the Faith, To [...] Heralds, Pursi­vants, and Messengers of armes, respective, conjunctly and severally, specially constitu­ted, Greeting. Forsomuch as it is humbly mean'd and com­plain'd to US, by our trusty and well-beloved Counseller, Sir John Fletcher Knight, our Advocate for our interest, in the a­ction under-written; and by Sir James Lamount of Inneryue Knight, for himself and in the behalf of his kindred, friends, Vassals, Tennants and Servants, [...] parties grieved and damnisyed in manner after specified, upon Archibald Marquess of Ar­gyle; George Campbell his Justice and Sheriff Deputy: James Campbell of Ardkinglar Officer under the said Marquess his command; Colin Campbell of Stra [...]uhir, Duncan Campbell of E [...]angreg. Officer under the command of the said Marquess; John Campbell Fiare of Dunstafneich, Officer also under the said Marquess's command; Dongal Campbell, alias Mackcon­nichie of Innerram. Officer under the said Marquess's com­mand; Du [...]can Campbell, Uncle to the Laird of Lochnell, Officer under the said Marquess's command; Robert Campbell of Auchimwilling, John Campbell of Ardtariche, Hew Campbell his Son; Colin Campbell of Otter, Patrick Campbell his Bro­ther; [...] Campbell of Derburgh, Charles Campbell of [Page 2] Ballach [...]ll, E [...]er Campbell of Kilbryd his Brother; D [...]e [...] Glasie, alias Campbell in Glead [...]ell, John Ger Campbell there: John Ma [...]k [...] Officer to the said George Campbell, D [...]nald [...] of Glensel [...]ech. Andrew Macklaneidan [...]. Uncle to Archibald Marklanchlant of Lethimetre, A [...]gus Mack [...]h [...]er­ [...]k Son to E [...]r Mackener [...]ek of Obb, James Campbell of Ormsay, D [...]gald Mackleriehe of Bralycha [...], D [...]ncan Mack­nil [...]i [...]r in Es [...]g, Archibald Campbell in Evinn [...]cha [...]e, Son-in-Law to the said Land of Otter, Mr. Colin Mackla [...]chlan [...], Mi­n [...]i [...] L [...]b [...]aylisheid; All or the most part of them, being the said Marqurss of Argyle his Friends, Followers, or Com­plicer under his command, and such as he might have stopt or let.

That where notwithstanding by the 129. Act of the eight Parliament of Our dearest Grand-father, King James the sixth of blessed Memory. His Majesty and His three Estates then Assembled in Parliament, ratifyed and approved the Royal Power and Authority, over all Estates: As well Spirituall as Temporall, within this Realm, in the person of. His Majesty. His Heires and Successors: and did Statute and Ordinance, that his Highnesse and his Successors by themselves, and their Counsels, were and should be Judges Competent to all per­sons, his Highness's Subjects of whatsoever degree, sunction, estate, o [...] condition they should be of, in all matters wherein they, o [...] any of them should be apprehended, summoned or charged to answer: And that none should presume, not take upon hand, to decline the judgement of his Highnesse, his I [...]eites and Successors, or their Councell, in the premises un­der the pain of Treason. And sicklike, by the first Act of the eight Parliament, of our said dearest Grand-father, King James the sixth. His Majesties Soveraign Authority, Princely Power. Royal Prerogative and Priviledge of his Crown, over all Estates, Petions, and Causes whatsoever. And the whole Estates then conveen'd in Parliament for them, and their Successon, faithfully promised, perpetually to acknowledg, obey, maintain, defend and advance the Life, Honour, Safety, Dignity. Soveraign Authority and Prerogative Royal of Our [...]id deatest Grand-father, his Heires and Successors, and [Page 3]Priviledge of the Crown, with their Lives, Lands and Goods; And to withstand all Persons, Powers and Estates, who should presume any waies to impugne, or prejudge the same. Which Act is ratifyed, by the third Act by the first Parlia­ment of King Charles the first, of blessed Memory our dearest Father.

Likeas, by the third and forth Acts of King James the first, his first Parliament, and by the 37. Act of the second Parlia­liament of King James the first, and severall other Acts, His Statute, that none rebell against the Kings Person or Authority; or if they do in the contrary, or make War against his Liedges, or reset any such Traitots, or supplie them in red or counsill, or doe favours to Rebells, or any waye [...] assist them, or doe not rise at His Majesties command, being required; they being con­victed thereof, are punishable as Traitors. Likeas by the 134. Act Parl. 8. the 10. Act of the 10. Parl. of King James the 6. All depravers of His Majesties Lawes, and medlars in His Majesties affaires, or Misconstruers of His Proceedings, whereby any mistake may be moved between His Majesty and his loving subjects, are punishable by death. Likeas by the 1. Act of King James the fift his 3. Parliament, and by the 51. Act of the 11. Parl. of King James the 6. All burners of folks in their houses, all burners of houses and Cornes, and wilfull fire-faising; As also all murder or slaughter of His Majesties Liedges, where the party slain is under trust, credit, assurance and power of the flayer, the same is declared Trea­son and Laese-Majesty. Likeas by the 75. Act of Queen Ma­ries Parliament 9. and divers other Acts, it is Statute, that no manner of person of persons, of whatsoever Quality, E­state, Condition or Degree they be, Liedges of this Realm, Attempt to raise any bands of men of War, on horse, or foot, without special [...]icence in Writ, had and obtain'd of the Queens Majesty for the time, and Her Successors under the pain of death, to be executed upon the raisers, and risers in Arms. As also, by the 50. Act of the 11. Parliament of King Iames the 6. it is Statute and Ordain'd that in case it shall happen, any landed man to be convicted of the crime of common thest, reset of theft, or stealth, reift in time com­ming. [Page 4]They shall incur the caime and poine of Treason; That is to say. Tinsell and forfeiture of Life, Lands, and Goods. Likeat, by the common Law and practice of this Nation, all Committers of Murder, Man-slaughter; Robbery, Rapine, or Reiff, is punishable by death; and who are Act or Part of any such crimes. As also by the same Lawes, all private Imprisoners, Keepers of private Pritions, and false Im­p [...]soners, and all Oppression whatsoever are punishable in the like manner.

Nevertheless the Persons above named complain'd upon, having laid aside all Fear of God, Loyalty and Obedience to their Soveraign Lord and King, natural affection and recipro­cal duty to their Countreymen and sellow Subjects, Have most traicesously, trecherously, perfidiously and cruelly committed the crime; of high Treason, and other crimes, Murders, Op­pressions, Robbeties, Misdoods and Malversations underwrit­ten, contrary to out said Laws and Acts of Partiament; and thereby have incurred the tespective pains and punishments therein contained. In so fatas the said Persons above written. Desendants, porticularly the said Marquess of Argyle, George Campbell his Servant, and Justice, and Sheriff-deputy; James Campbell of Ardkinglas, Colin Campbell of Straquhir, Robers Campbell of Anchi [...]willing, John Campbell of Ardrariche, Ma­ster Calin Macklan [...]hane, D [...]can Campbell of Ela [...]greg, John Campbell Fiare of Dunstafaiche, Dargall Campbell, alias Mack­ [...]chie of I [...]etram: Having from the beginning of the In­surrections and troubles in the year of God 1639, 1640, 1641. and 1642. both secretly and avowedly, appeared in constant opposition to Our deatest Father, his Royal Counsels and com­mand [...]: And after His Majesties most gracious Condescen­dencies to all the desires of his Liedges, how unteasonable so­ever; He having depatted to his Kingdom of England, a cr [...] ented Prince from a contented people. Nevertheless the aforesaid persons continuing in their treasonable malice against their own Sovereign, did in the moneths of Ianuary, February, March, April, May, Iune, Iuly, August, September, October, November, December, or one or other of them, in the year of God 1641. most traite rously without their Sovereigns at tho­rity [Page 5]or sicence, and expresly against his will, pleasure and ser­vice, at their own hand and by their own power, caused call, and convocate a prerended Committee and Convocation of His Majesties Lieges; wherein they themselves, or one or o­ther of them, did personally convene and meet; and in the said treasonable and unlawful Convocation did act and appoint treasonable leavies of His Majesties own Subjects, in opposition to His Majesties person, authority and express command. And thereafter did actually invade and enter within His Majesties Kingdom of Engl. in open hostility, taking His Majesties Towns, killing his Subjects, wasting and destroying their Estates and fortunes, joyning with his rebellious Subjects in Eng. and an Ar­my of Sectaries there, for destruction of His Majesties Person, Royal Family, authority and government of these Nations, so far as in them lay. And thereafter in the moneths above writ­ten, or one or other of them, in anno 1646. the said Archibald Marquess of Argyle, and the remnant persons above named Defendants, or one or other of them, in an unheard of way of trechery and treason, delivered His Majesties sacred Person into the hands of the said Rebels, who thereafter most treche­rously murdered him. For eschewing and preventing whereof, the whole Estates of this Nation finding it necessary and in­cumbent to them, for the relief of their Sovereign Lord from his captivity, to [...]aise an Army for that effect. The said per­sons complained upon, or one or other of them, not onely by subtile and clandestine means, by Declamations and familiar Conserences, and openly by Declarations and publick Spee­ches in face of Parliament, opened the same; but also the same being past into an Act in the moneth of [...] 1648. years, publickly entered their disassent or Protestation against the same, most treasonably and trecherously against the authority of the King, our dearest Father, and the Estates of Parliament. And yet their malice not testing satisfied, they did by themselves, their friends and adherents, in October 1648. years, or thereby, convocate or raise in arms great num­bers of His Majesties Lieges, without any Warrant from King or Parliament; and did in open hostility march to His Maje­sties Burghs Royal of Edenburgh and Sterling, prosecuting his [Page 6]said Army, killing His Majesties good Subjects, wasting and destroying their lands and houses. And thereafter most basely and traite [...]ously invited the late Tyrant and Usurper Oliver Crom [...]ell to enter His Majesties Kingdom of Sc [...]land, with an Army of [...]angers, Traitors and Secta [...]ies; sustain'd him and his treasonable Army with all so [...]ts of provision, [...]easting and countenancing himself and prime Officers in the metropoly [...]an City of Our Kingdom, and within His Majesties [...]ort and strength there of the Caille of Edenburgh, where the most con­siderable strength of the Kingdom was for the time: By these mean [...] ca [...]ing the secresies of His Majesties Kingdom and Forts thereof upon to the view of those strangers and tray­to [...] Which, by the laws of this and all Nations, is high trea­son: and in all probability was the Kingdoms bane and ruine, and was the act immediately preceding the cruel Regicide and murther of their sacred Sovereign Our Royal Father. At least they, or one o [...] other of them, were either aiders, abe [...]tors, as­sistants, promo [...]ers, divisers, or act and part, and particularly the said Marqars [...] of Argyle, of the aforesaid treasonable crimes and others above libelled.

Secondly, the aforesaid persons, and particularly the said Archibald Marquess of A [...]y [...], not having yet satisfied hit ma­lice, treasonable attempts and purposes, not considering the duty either be owed to God, his Prince, Countrey, Nobility of his Family, nor his own honour or reputation, after multi­plicity of Honours and Offices graciously conferred upon him by Our sacred Father, and the dignity vouchsafed to him by Our Self, in allowing him the tr [...]st and honour of setting Our Imperial Crown upon Our head upon the day of Our Corona­tion in Scotland, which was the first of Ianuary 1651. years, in presence of Our whole Nobility and Estates of Our said an­cient Kingdom, putting the Crown upon Our head, with bow­ed down knees and up listed hands, in presence of God, An­gels and men swore as sollows. By the Eternal God, who liveth and reig [...]eth for ever, I shall supp [...]s thee to my [...]termost: And I s [...]ar to be a loyal and true subject, and faithful to the Crown. And thereafter also kneeling, and holding his hands betwixt Our hands, did swear these words, By the Eternal and Almighty [Page 7]God, who liveth and reigneth for ever, I became Your Liege, and truth and faith shal bear to you and live and die with you, against all manner of folk whatsoever in Your service. Notwithstanding of all which, after the said Archibald Marquess of Argile had dissoyally and basely deserted Out Person and Army at Sterling, when We were on Our match to Engl. in the year 1651. did in the moneths above written, or one or other of them, anao 1652. at the de­sire of General Dean and Colonel Overton, Our known and publick enemies, they having come to In [...]rrarey with a Regi­ment of Souldiers, and there the said Marquess had confe­rence and consultation with them, and did swear, at least sub­scribed and acknowledged the government of Our Domini­ons, as it was then established by the said wicked Tyrant and Usurper Oliver Cromwel and his said adherents, in a Common­wealth, without King or House of Lords; and obliged himself to live under it, and be obedient thereto. And conform there­to most perjur'dly and infamously the said Archibald Marquess of Argile, after the said Army of Rebels and Sectaries under the command of the said General Major Dean and Overton, were drawn to such a streit in their return from Innerarey, they being in the power of certain of the said Marquess his friends, and divers others of His Majesties loyal Subjects then in arms, standing in opposition against them; and they having taken in all Passes, the said Marquess being then Our Justici­ary in these bounds, and Sheriff of Argyle, most traiterously and infamously against his said Oath and duty, did interpose himself in favours of the enemy, commanding and counsel­ling Our said faithful Subjects, who stood in opposition to the said enemy, did suffer them safely to pass without opposition: and by the said Marquess his insinuation there was a safe pass given to the said enemy from the foresaid danger. Like as further to evince the said Marquess his treasonable compliance and affection to the said wicked Tyrant and Usurper Oliver Cromwell in all his wicked and treasonable courses and at­tempts, he in the moneth of [...] a thousand six hundred and fifty [...] years, upon a pretended call from the said Tyrant and Usurper, to convene a pretended Parlia­ment, without any coaction or necessity, did engyre himself in [Page 8]favour of some Shires, and dealt with them to elect him for their Commissioner; at least being elected he voluntarily ac­cepted thereof; and upon their said pretended Commission he went to the said pretended Parliament at Westminster, and there most perfidiously and perjuredly, t [...]cherously, treasonably and [...]ribily, contrary to his own dignity and degree, sate and acted by Voting and other wayes, in the said pretended Parliament, as a Member of the House of Commons, for esta­blishing the said Tyrant his usurped authority, and abolishing of Us and Our Royal Race from Our just right and title to Our Crowns of Scotland, England and Ireland. And also the said Marquest in further prosecution of his treasonable rebellious coune and designs, in the moneths above written, or one or other of them, in the year 1653. or 1654. or either of them, sold and delivered several musquets and other ammunition to the said Rebels, to the number of seventeen Cannon, and se­ven hundred musquets, or there abouts.

Thirdly, in the year 1654. severall of Our loyal subjects having for Vindication of Our Authority, and revenge of Our Royal Father of blessed Memory. His Murder, Taken arms under the command of Our. Trusly and right well-beloved Cousins and Counsellouts, William Earl of Glencairn [...], and John Earl of Middlettes, then Our Commissioners for that effect. Against whom, and Our forcer under their command, the said Enemies being about to transport eight hundred men to the North, under the command of Col. Gebber, and being driven to the Isle of M [...]le, and shi: broken in their way, and so ready to perish: The said Archibald Marquesse of Argyle and the remanent persons above complain'd upon, or one or other of them, in the moneths above-written, or one or other of them, in the year 1654. or 1655. did gather together all their own Boars and others, and therein did safely transport them to Dunburten, from the said Isle of Mule, and to other safe places. At least the said Archibald Marques, of Argyle, and remanent persons above complain'd upon, or one of other of them were authors, aiddes, abettors, assisters, advisers, or ar [...] and part, of the foresaid treaso [...]r, and other crimes and mis­deeds above libelled.

Fourthly, the said Marques and remanent persons above complain'd upon, or one or other of them in the moneths above written, or one or other of them in the yeare 1654. 1655. most perfidiously, treacherously, and traiterously, went into the said English Rebels, without any coaction or necessity to the High­lands in Lochquhaber, and severall other places; and joyned with the said Rebells, for suppressing of the said Parles of Glen­cairne and Middleton, then our Commissioners, and our For­ces under their command; and countenanced, counselled, and conveyed the said Rebells, through divers places in the Highlands, in their expedition against our Forces. At least the said persons defendents, and particularly the said Archi­bald Marquesse of Argyle, were Authors, Actors, Aiders, A­bettors, Assisters, and Countenancers of the said treasonable crimes, and others above specifyed.

Fifthly, when the said Arch-Traitor and Regicide dyed, Richard Cromwell his Son, was by order of his Fathets trai­terous Council, sitting at London Proclaimed Protector of our three Kingdoms, at the Market Crosse of Edinburgh; which was done accordingly by a pretended Councill sitting at Edinburgh for the time. At the doing whereof, the said Ar­chibald Marquesse of Argyle most traiterously, treacherously, and persidiously in the moneths of [...] a thou­said six hundred fifty [...] year, went up to the said Crosse of Edinburgh, at the time of the said Proclamation, and did countenance and assist the same; by which our authority was altogether abolished. And moreover, to further evidence the said Marquesse of Argyle, his willingnesse to serve the said Usurper in the accomplishing of all his treasonable designs, and to extirpate us from our Royal authority and Govern­ment, he endeavour'd by all means possible, when the fore­said Tyrant and Usurper had commanded Commissioners from shires in Scotland, to appear at London in his pretended Par­liament, for Establishing his Usurped authority, and abolish­ing of Us and Our Royal race from our just Right and Title to our Crownes of Scotland, England, and Ireland; and for suppressing of the Priviledges, Lawes and Liberties of this our ancient Kingdom of Scotland. The said Marquesse did in obe­dience [Page 10]of the said Traiterous command, obtain himself to be Elected Commissioner for the Sheriffdom of Ba [...]f: and there­after went up to England, and there sat as a Member of that Traiterous Correction and meeting at London, wherein De­claration was made against Us and our Successors, debaring us for ever, from our Just and lawful Right and Title, to the Crownes of these our three Kingdoms. Likeas thereafter the said Marquess did embrace the Office of Sheriff-ship of Argi [...]e from the enemy, and exercised the same under them for his own ends; and did several times swear, at least subscribe, in their favours against U [...], Our Successors, Crown, Government and Sovereignty; and to be obedient and live peaceably under their Government of Our Kingdoms in form of a Common­wealth, at it was then established by the said Traitor and U­surper. Of the which treasonable deeds and acts, and others aforesaid, the said Defenders, and particularly the said Archi­bad Marquesi of Argyle, or one or other of them, were an­thory, aiders, abettors, assisters, contrivers, promoters and coun­tenancers.

Sixthly, to further manifest the said Marquess of Argyle his treasonable deeds, acts and intentions against Us, contrary to his oath and duty, the same evidently appears by his treasona­ble speeches following; in so far as he being present in a Pro­vincial assembly at Innerarcy in the moneth of [...] [...] one or other of the moneths above written, in the year 1652. or 1653. or one or other of them, some Ministers being then present, praying for His Majesties happiness and welfare, the said Marquess did openly say and declare before them, That they were has fools to pray for that wicked, false, malignant King, whom God had casten off, and would never restore again, and cer­tain [...]ber words to this purpose and meaning; the said Mar­ques [...] having uttered the like treasonable speeches at London and elsewhere. And also in one or other of the said two years above written, in the moneth of [...] or one or o­ther of the said moneths, the said Marquess being within a Chamber of his mansion house at Lochhead in Ke [...]tyre, stamp­ing with his foot did vaunt himself, saying, That he was the onely man that plotted the rising of the Forces in the West, [Page 11]terming the same the Whig-rode, which proved the main cause of our ruine. Moreover his correspondence, joyning, acting and consulting with the Enemy for Our ruine is more mani­fest, in so far as he did receive precepts from the said Tyrant and Usurper Oliver Cromwell, directed to his Council at Eden­burgh, for payment of the summe of Twelve thousand pounds sterling, for good and thankful service done by the said Mar­quess. Likeas he did keep correspondence with the Usurper Richard Cromwell, and Charles Fleetwood in the year 1658. and 1659. by missive Letters and other wayes. As also with Sir Archibald Iohnston of Wariston, his fellow traitor, in the said year 1659. when he sate in that traiterous meeting or Coun­cil of the Rebels at London, called the Committee of Safety, wherein the said Wariston sate as President: and did of new emit Declarations for abolishing of Us and Our Successors, from Our just right and title to the Crowns of these Our said Kingdoms. Of all which treasonable acts and deeds aforesaid. intended or committed in one or other of the moneths of the respective years above written, contrary to Our said Laws and Acts of Parliament, and several other Laws, the said Defen­dants, and particularly the said Archibald Marquese of Argyle, at least they, or one or other of them, were authors, aiders, a­bettors, assisters, promoters, countenancers, contrivers, or act and part.

Seventhly, Our said deceas'd Soveraign Lord and dearest Father, having granted Commission upon the [...] day of March 1643. years under His said Majesties hand, autho­rizing and giving express order to the said Sir James Lamond to prosecute a War, and levie Forces in His Majesties name, a­gainst those in Rebellion, and particularly against the said Marquess of Argyle, and to invade his Bounds and Lands, as he was the principall Promoter of these odious and rebelli­ons practises against His Majesties authority, as the said Com­mission by way of a missive Letter directed to the said Sir James at more length bears. In obedience whereunto the said Sir James, according to his alleagiance and bound duty, levy­ed all his friends and followers, and accordingly acted as be­came a good Subject in His Majesties service. For promoting [Page 12]whereof till the year 1646. That after His Majesties comeing to [...], and casting himself upon the trust of his Army lying there, the said Sir James did then lay down arms, and with his friends reteared in a peaceable manner, to his own houses of Temart and Esoog; there being no other houses for the shelter of his friends, the Countrey having been former­ly wasted and burnt. After which in the moneth of [...] or thereabout, in the same year, the said defendents, or one or other of them, being commanded by the said James Camphell of Arakingla [...], Dr [...]gall Campbell of I [...]raw, and others their Officers, and others under the said Marquis [...] his command, old in a hostile manner lay siege to the said two houses, using all manner of violence. And the said Sir Tames, after all le­gal meant used for his own defence, did bring them to a treaty, where in by articles of capitulation, they did grant to him, and has said friends and followers indempnity in their persons and [...], with power to passe freely where they, leased; as the said articles, subscribed by the hands of the said James Camp­bell of Ar [...]las, Colin Campbell of Str [...]quhir, John Camp­bell Fire of Dansta [...]ich, D [...]can Campbell of Elangreg, Deu­gall Campbell of [...], Duncan Campbell Uncle to the Laird of Lorbinell, and Iohn M [...]ckl [...] F [...]are of Craigintareiff of the date the third day of I [...]e at more length bear [...] neverthe­lesse the aforesaid persons complain'd upon, or one or other of them, did most persidiously, treacherously, and treasonably, shortly after the said capitulation, plunder the said houses of their whole furniture and goods therein; and did tob and take away from the persons within the same, their whole money and cloaths, did drive their whole Cattell of all sorts, which together with the wallations formerly done by them, to the said Sir Iames, his Friends, Vassals and Tenants, did exceed the summe of fifty thousand pound Seerling. And in a most cruell and bath [...]rous way, win [...] some of his poor friends were rescuing their own goods, they bacharously murdered and massacred a member of innocent women, as namely. Marie Gila [...], Marione Mackleish a young maide, Cale [...]ch Breid­machfoyne, Margne [...]s Crawforde, and certain others; and in­humanly left their bodies, as a prey to ravenous beasts and [Page 13]foules. At the least, the said persons or one or other of them, and particularly the said Marquess of Argyle, were authors, actors, aiders, abetters, assisters, contrivers, and art and part of the said cruell bloudy murders, robberies, oppressions, and other deeds and malversations above lybelled.

Eightly, the said persons defendants, shortly after the said capitulation, and contrary to the same, or one or other of them, and specially the said Iames Campbell of Ardkinglas, Dougall Campbell of Iauerra [...], Colin Campbell of Straquhir, Duncan Campbell of Ellangreg, Dancan Campbell, Uncle to the Laird of Lochnell, Iohn Campbell Flare of Danstafneiche, did most treacherously, perfidiously, and traiterously felter and bind the hands of near two hundred persons, of the said Sir Iames his friends and followers, who were comprehended within the said capitulation; detaining them prisoners with a guard, their hands being bound behind their backs like theeves, within the said Sir Iames's house and yards of Towart, for the space of se­verall dayes in great torment and misery, they being His Ma­jesties free Lieges and people. Likeas most traiterously and persidiously, contrary to the said capitulation, they did carry the said Sir Iames Lamond prisoner to the said house and castle of Escog, and by that means, and for fear of the said Sir Iames his life, the keepers of the said Castle, being the said Sir Iames's Friends and Vassals, they did surrender the said house, upon capitulation of life, fortune and goods: which capitulation was most traiterously and persidiously broken. And in pursu­ing of their further villanie, after plundering and robbing of all that was within and about the said house, they most barba­rously, cruelly and inhumanly, murdered severall young and old, yea sucking children, some of them not one moneth old. And further the said defendents or one or other of them, and particularly the foresaid subscryvers of the said capitulations in the moneth of [...] 1646. years, did most traite­rously and perfidiously carry the whole people that was within the said house of Escog prisoners with a guard to the said Sir Iames his house of Towars, and shortly after their removall from the said house of Escog, the said defendents, or one or o­ther of them, caused burn the same, destroying the whole Or­chards [Page 14]and Plantings about the said house of Es [...]ng. And not being content with their former cruelties, they shortly there­after carryed all the said person, who were prisoners in both the said houses of Escog and T [...]ars, bound prisoners (being His Ma [...]ell [...] [...] Lieges) to severall boa [...]s, sending the said Sir Iames Le [...]ind, his two brethren Robert Lamond of Escog, Patrick Lamond his onely Son, Dancan L [...]mand his Brother, and Iohn Lamond of A [...]chingylie, prisoners to the said George Campbell Sheriff. Deputy to the said Marquess his house of [...], at which time the said persons or one or other of them, most Villanously, contrary to the said capitulation, lawes and acts of Parliament aforesaid, burnt the said Sir Iames Lamonds mansion house of I [...]a [...]e: Of the which cruell crimes of treason, murders, fire raisings, burnings, oppressions, robberies and other crimes above mentioned, committed contrary to our said lawes and acts of Parliament, and the capitulation above­written, the said defendents, and particularly the said Mar­ [...]ness of Argyle, at least one or other of them were aiders, abet­ters, assisters, commenancers, contrivers, promoters and coun­tellers of the same.

Ninethly, the said Persons Defendants, or one or other of them, contrary to the aforesaid Capitulations, Our Laws and Acts of Parliament, upon the [...] day of Inac 1646. most traiterously and perfidiously did carry the whole people, who were in the said houses of Escog and Towars, in the said Boats, to the Village of Den [...]e, and there most cruelly, traiterously and persidiously caused hang upon one tree near the number of thirty six persons, most of them being special Gentlemen of the name of Lamond, and Vassals to the said Sir Iames, viz. Neill M [...]c [...]parrick altas Lamond, Archibald Lamond son to Baron Mach pa [...]rick of [...]ersto [...]ne, Robert Lamond his brother, Duncan Lamond brother to the said Robert, and Hugh Lamond their other brother. Dancan Gerlamend in Kil [...]sarneck, Gocie and Iohn L [...]ds his som [...], Ew [...]n Lamond in Midtowars, Gilbert Lamond, D [...]can Lamond, Iohn Mackqutin alias Lamond, Ar­ [...]hibald Mack [...]in alias Lo [...]nd his brother. Donald Mack­qu [...]in alias Lamond, Duncan and Iohn Lamonds sons to Walter [...]am [...]d brother Germane to the Laird of Escog, Hugh La­mond [Page 15]in Corrs of the Carris, Robert Lamond in the Carris, Du [...] ­can Lamond there, Augus Lamond there, Donald Lamond there, Walter Lamond there, Duncan Lamond called Mack­walter there, Alexander Lamond in Ardyne of Nethercowall, William Lamond, Iohn Mackqutin younger alias Lamond, Patrick Brigle son to the deceased Mr. Iohn Beigle Minister at Ruliesay, Dovgall Haerper alias Mackalaster servant to the said Sir Iames Lamond, Iohn [...]ond son to Gilbert Lamond of Knockour, Gilbert Macklay in Glendarewall, Iames Lamond in Ardyne, Donald Lamond, Iames Mackquein alias Lamond in Netherconall, Iames Lamond his son, and Iohn Mackpatrick alias Lamond in Ardyne. And also the said Persons Defen­dants, or one or other of them upon the foresaid [...] day of Iune 1646. most cruelly, barbarously, inhumanely and un­christianly murdered with durks, and cut down with swords and Pistols the persons following, viz. Iohn Lamond in Au­chinshallech, who being about the age of fourscore years, having a Flux upon him, and being also pin'd away with hunger and thirst, they most cruelly and barbarously stobb'd him with durks and skanes at the Ladder-foot: and did also most barbarously murder stob and cut down the persons following, viz. Thomas Brown, Neill Mankneill, Meldonich Mackman, Iohn Mack­man his Brother, Archibald Hamilton, Meldonick Mackilmi­chael, Robert Michael, Iohn Mackinlay, Iohn Hendry, Alexan­der Hundry, Patrick Hendry, Iohn Lamond, Angus Mackil­m [...], Iohn Mackyunes, Iohn Macekdongall, Iohn Henry, Wil­liam Mackwilliam alias Wilson, Hew Mackcrow, Iohn Mack­cr [...]w his Brother, Iohn Mackperson, Donald Mackperson, Duncan Mackperson, Donald Mackilbreid Lamond, Duncan Lamond, Duncan Mackalaster, Thomas Mem­bryd, Iohn Michaelson, Iohn Moodie, and Iohn Iamison then Provost of R [...]besay, who being shot thrice through the body, finding some life in him, did thrust severall durks and skanes in him, and at last did cut his throat with a long durk; The said Iohn Iamison, not only representing His Majesties autho­rity, as a prime magistrate of his burgh Royal, was so cruelly murchered in contempt thereof, and of the Statutes made in that behalf. And to manifest their further cruelty, they did [Page 16]cast some of the aforesaid persons into holes made for them, who were spurning and wrestling, whilst they were suffocated, with earth; having denyed to them any time to recommend themselves to God; albeit earnestly desired and begg'd by the said murthered persons. Insomuch that the Lord from Hea­ven did declare his wrath and displeasure against the foresaid inhumane cruelty, by stricting the [...]ree whereon they were hanged, in the said moneth o [...] June, being a lively fresh growing as [...]tree, at the Kirk-yard of Demer [...]c, amongst many other fresh trees with leaves, the Lord struck the said tree im­mediately thereafter; so that the whole leaves fell from it, and the tree withered never bearing leaf there after, temain­ing so for the space of two years: Which being cut down, there spring out of the very heart of the roote thereof a spring like unto bloud popling up, running in severall streames, all over the roote, and that for severall years thereafter: Till the said murthere [...] or their savourers, perceiving that it was remarked by persons of all ranks (reforming there to see the miracle) they did cause boock out the roote, covering the whole with earth, which was full of the said matter like bloud. Of the which cruell murthers, the said persons, and specially the said Marquess of Argyle, or one or other of them, were authors, actors, aiders, abetters, assisters, contrivers, countenancers and [...], many of the said persons defendents, being Offi­cers under the command of the said Marquess of Argyle.

Tenthly, Upon the Month of [...] 1646. the said Sir James Lamond, his said brethren and friends, being detained prisoners at the said Marquess his house of Iunerary, the said George Campbel Sheriff, and Justice deputy to the said Marquess, James Campbel of Ardkenglas Collunder thecommand of the said Marquest, Dougall Campbell alias Mackconnachie of En­ [...]rran Maso [...] under the command of the said Marquess, and certain other persons being met in a kind of Conventicle, who did enquire of the said Sir Iames, whether he would submit his life and s [...] tune to them, or not? who answer'd, That he would not pleading upon His Majesties Commission, the Capitulation given to him, and that he being the Kings Baron could not be judged by them, none of them being such. Whereunto the [Page 17]said George Campbell replied, that the said Sir Iames was a false Knave, and that he would judge him whether he would or not, and hang him as Justice-deputy of the said Marquess of Ar­gyle; at which time the said George Campbell did rob and seize upon the summe of 1000 l. belonging to Archibald Lamond Brother to the said Sir James, and having within a little time hereafter, searched the said Sir James for the said Capitulation, finding that he had it not, and they considering the prejudice that might follow to them thereby, they caused the said Sir James to subscribe a paper penned by the said George, decla­ring therein that his quarrell was unjust, and that he repented thereof, as also that he did pass from the Capitulation; which paper with certain other Articles therein, was subscribed by the said Sir James, he being compelled thereto for fear of death, having gotten notice at that same very time, that his said friends and follows were cruelly Murthered by them at Denron, as is above mentioned, after subscribing of the which Paper, two days after the said Sir James, his two brethren, and four friends aforesaid were committed prisoners, in several houses, appertaining to the said Marquess of Argyle, the said Sir Iames remaining prisoner in the house of Dunstuffnagh, for the space of four years, thereafter being carried to the Castle of Ineheoneill, where he remained prisoner for the space of two years or thereabout, untill he was carried from thence to Ster­ling, by vertue of an Order from Us and Our Estates of Parlia­ment, they having not time to take tryall of the matter at that time, by reason of our Marching into England, sending the said Sir Iames up to the Castle of Sterling, for fear of the said Marquess his cruelty; in regard he often threatned, that if ever the said Sir Iames came in his power, the World should not save his life, and that he repented nothing more, then that he took not that bloody knave his life, whilst he had him in his power; saying likewise, that all was but one fault: the which cruell crimes of oppression and others above specified, the said Desendants, particularly the Marquess of Argyle, one or other of them, were Actors, Aiders, Abettors, Contrivers, Counte­nancers or Promoters.

Eleventhly, The said persons Defendants, their cruelty [Page 18]against the said Sir Iames is manifest, in so far as the said Month of [...] 1651. Donald Campbell sent Iohn Campbell of Ard­tarich of their speciall causing, bounding out and or under their command o [...] direction, came accompanied with 30. men, all armed with Guns, Swords, Pistols, and other Weapons, inva­sive to the Coast side of the Sheriffdomes of Ayre and Ran­frew, where they heard that the said Sir Iames had his resi­dence, and did search the house of Southern belonging to my Lord Sempell, and the house of Corsby belonging to the Layrd o [...] Auchnames, where the said persons did make search for the said Sir Iames, two of them coming early in the morning to the said house of Auchnames, the said Donald running up staries, with a drawn Durk and benden Pistoll, in either hand, making search through the whole house and beds, to have Murthered the said Sir Iames, who by providence was in the Wood, not knowing any thing of the intended Murther. And the said persons being disappointed of their intentions, did retire to their boats, the said Sir Iames flying at that time to the Isle of A [...]re [...] to shelter himself under the Protection of the now Duchess of Hamilton, who did reside there for the time. Like as immediatly thereafter the said Marquess of Argyle and his accomplices, failing of their said intended Mur­ther, the said Marquess did desire a Warrant from the Com­mittee of Parliament, in the said year 165 [...]. for apprehending the said Sir Iames Lamond, intending thereby to prosecute the aforesaid Murther; which warrant was then refused to be granted to him, as least the said Defendants, & particularly the said Mar­quess of Argyle or one or other of them, were Authors, Actors, Aiders, Abettors, Assistors, Contrivers, Countenancers, of the aforesaid crimes of Murder and oppression, and others aforesaid.

Twelfthly, And further to evidence the aforesaid persons De­fendants, and particularly the said Marquess of Argyle, their cruelty and oppression against the said Sir Iames, the said Mar­quess in the Month of [...] 1647, or thereabouts, came to our house of Dunstasneiche, where the said Sir Iames had been kept most unjustly and unwarrantably prisoner several years be­fore, and sending to him the late deceased Archibald Campbell keeper of our said Castle under the said Marquess, C [...]in Camp­bell [Page 19]of Loch [...]ell, and Do [...]gall Campbell alias Mack [...]chie of Inner [...], as Commissioners, with certain proposalls following, viz. First, that the said Sir Iames should renounce and for ever overgive all right, title and interest, he had to his own pro­perty, and his vassalls superiority. And upon condition also, that the said Sir Iames, should under his own hand abjure Scot­land, and never to be seen therein: which being done the said Marquess said he would give to Sir Iames a considerable sum, threatning also that if the said Sir Iames would refuse the said offer, so long as the said Marquess had an house in the World, the said Sir Iames should be prisoner therein, and should tor­ment him with pain and misery, till the marrow should [...]ot within his bones. The said Marquess declaring also, that he hath already possess'd himself of the said Sir Iames, and his Vassals estates, which he said he and his should possess, in dispight of those who would or would not. Whereupon the said Sir Iames, considering with himself, within some few Months thereafter, that what a prisoner did was Null in Law, and being most desirous of his liberty, from so miserable and so long imprisonment, profess'd to be willing to grant some of the former desires; the said Marquess hearing thereof, caused carry the said Sir James with a guard, to the Town of Innerarey, where the said Sir James did write some few lines, the substance whereof contained the most part of the said Marquess's de­sires. Notwithstanding whereof, and the said paper was deli­livered to the said Marquess, he persisting in his former cruel­ty and oppression, did send back the said Sir James to prison, where he remain'd at Our said house of Dunsta [...]neich, so that the said papers so subscribed and delivered to the said Mar­quess and George Campbell his Justice and Sheriff Deputy (for which they and their complices ought to be punished as oppressors and as actors and art and part of the aforesaid crimes) and all following upon the said writings and papers ought to be declared void and null.

Thirteenthly, the said persons defendents, and particularly the said Archibald Marquess of Argyle his Friends, and Complice, persevering in their further oppression, in the moneth of [...] 1649. years, caused the said deceased Archibald Camp­bell, [Page 20]then keeper of our said castle of Dunstasneich, under command of the said Marquess, compell the said Sir James to grant a band to the said Archibald, his heires, executors and assignes, for payment of the summe of four thousand four hun­dred Ma [...]s of thereabouts, for alleadging 4. years entertain­ment in our said Castle, where the said Sir James Lamond was violently, trai [...]ously and illegally detain'd prisoner: Unto the which Band the said Marquess be assign'd, he did intend action thereupon before the English Judges, and for that and certain other pretended debts, which were payed, the said Marquess tooke forth caption against the said Sir James, intend­ing thereby to prosecute his forethought cruelties and oppressi­ons, and to incarcerat him, for obtaining his former designs. And so the said Marquess by acceptation of the said assignati­on, pursued thereupon his imprisonments, threatnings and o­thers above and after specifyed.

Fourteenthly, the said George Campbell Justice under the said Marquess, still continuing in his former cruelties and op­pression, in the moneth of [...] 1647, years or thereabouts, not onely contrary to his said Majesties Com­mission, but also contrary to the Articles of Capitulation, our Laws and Acts of Parliament, having taken Patrick Lamond F [...]are of Escog, and John Lamond of Auchingylle out of the said Castle of Escog, after they had [...]endred the said Castle upon the Capitulation above-mentioned, having detain'd them prisoners, the one in the Castle of Car [...]ick, and the other in the Castle of Inchc [...]ntill, for the space of a year and three quarters, till the [...] day of January 1648. years. At the which [...]e the said Marquess, and the said George his Deputy, caused call a pretended Court of Justice at the said Town of Innerra­rey; where having conv [...]en'd the said Patrick Lamond Flate of Escog. and John Lamond of Auchingyll, at the said Town did call an Assize, consisting of High-land-men, under power of the said Marquess, and his Deputy their Justiciarie, being also their dependents and followers, and of the said George his making use of, for the most part, for murthers and oppressions. Which Assize having convicted the said Patrick Lamond Fiare of Escog, and having absolved the said John Lamond, in respect [Page 21]of some favours done to them, the said George Campbell never­thelesse caused the said pretended inquest thereafter to meet, contrary to the expresse Law and Act of Parliament; the said George saying, that it was not fit that one young-man should die alone: Conform to the which unjust and illegal command and direction, the aforesaid persons of the Assize did meet a­gain, and did convict the said John Lamond also, who by vertue of the said George his unjust and unlawfull sentence, the said two Gentlemen were hanged to death at Innerarey. Like as the said Marquess of Argyle his concurse, countenancing and promoting of the said cruell murthers and oppressions, the said Marquess by himself, Iames Campbell of Ardkinglas, and their Complices have still possess'd the Lands of Escog, and Auchin­gyll, belonging to the said two murthered Gentlemen; where­of they are yet still in possession to this same very hour: the said John Lamond leaving two Children behind him, the Eldest of them not two years old, to whom the said Marquess refused to give any supply or entertainment; they living still as yet upon the charity of the people. Likeas the said Marquess of Argyle doth most violently, illegally and unjustly, possesse the lands belonging to Iohn Lamond of Auchinshelloch, who for age and infirmity, as said is, was cruelly murthered at the ladder foot in manner above-written. At least the said persons defendents; and particularly the said Marquess of Argyle, George Campbell his Justice and Sheriff-Deputy, Iames Campbell of Ardkinglas, or one or other of them were Authors, Aiders, Abettors, Assi­sters, Promoters, Counsellers, Contrivers and Art and Part of the said wicked murthers, oppressions, burnings, robberie, and other Deeds, and malvers actions above-written. And fur­ther, to manifest the said Marquess of Argyle, George Camp­bell his said Justice and Sheriff-Deputy, and their Complices, their cruelty and oppression, they or one or other of them in the moneth of [...] 1648. years, having at that time murthered the said Patrick Lamond younger of Escog as afore­said, they caused immediately thereafter bring before them, Duncan Lamond of Str [...]nalbanoch his Uncle and old man, being then prisoner at Castle Lanchlane, to the Town of Innerrarey: threatning him, that if he would not renounce and dispose his [Page 22]Right of the whose Lands of Re [...]es, which he bold of the Land of Lamond, then they would cause hang him, as his N [...]hew was immediately before. Likeas for safety of his life, the said Duncan Lamond did grant a disposition of his said Lands of Re [...]res, to the said Marquess of Argyle, and did deliver to him the whole writings thereof, conform whereunto the said Marquess con [...] still in possession.

And in like manner the said Marquess of Argyle, George Campbell his Justice and Sheriff-deputy, and their said Com­plices, by their power and warrant have possest and do possesse the Lands belonging to the said Iames Lamond, viz. The Lands called Archibald Rey-Stewart, the Sixt-mark land of Ochre­rhe [...], the lands of Craignifr [...]che: on which lands of Craigni­fr [...]che the said Marquess had his own Bow [...]en and Heards, keeping thereon a number of his own proper goods severall years: The said Marquess possessing also several other lands both in property and superiority belonging to the said Sir Iames, the Marquess having no right thereto, but possessing the same by meer opposition. Of the which crimes of Oppression and others above specified, the said Marquess of Argyle, George Campbell Justice and Sheriff-deputy to the said Marquess, Iames Campbell of Ardkinglas, Officer under the said Marquess's com­mand, and remanent Defendents, were authors, actors, aiders, abettors, assisters, contrivers, promoters, and art and part. And fu [...]ther, the said Marquess of Argyle, George Campbell his Justice and Sheriff-deputy, and their Complices and remanent Defendants above named, or one or other of them, in the moneth of [...] 1648. years, of thereabout, did seise and apprehend the person of Dongall Mackl [...]gall of D [...]a [...]ch, after he had surrendred the house of Dru [...]lick, upon a sub­seryv'd Capitulation under the hands of Lieutenant General David Lesley for his life, liberty and estate. Notwithstanding whereof the said Marquess and his said servant, or either of them and their Complices, caused incarcerate the said Dongall Mackl [...]gall in the house of Inche [...]ill, laying Irons upon him; who being in miserable torment for the space of a year and a half and above, was enforced at the said Marquess's desire to be free of the woful Imprisonment and torture, to grant to him [Page 23]a disposition and renunciation of the said Dongall's lands of Barninggarr; whereof the said Marquess is still in possession since the said year 1648. Of the which cruel acts of Oppressi­on, particularly the said Marquess of Argyle and George Camp­bell his servant, or one or other of them, were authors, aiders, abettors, assisters, countenancers, promoters, and art and part. And in like manner, Duncan Campbell of Elangreg most treche­rously, traiterously and perfidiously, after subscryving of the Capitulation by him granted to the said Sir Iames, his friends and followers, being a member of the Conventicle, and meet­ing at the foresaid cruel and wicked murders committed at De­no [...], was a main author, actor, abettor, assister, contriver and promoter of the said wicked murder committed there. Likeas thereafter the said Duncan Campbell did take unlawful possessi­on of Leymont Lamond of Cowston's lands of Str [...]an and Cowston, and also the lands of Trowstonne and Ardbeg, belonging to the said Sir Iames and Leymount. And also the said Duncan Camp­bell with certain of his Complices, in the moneth of March 1646. years, came from his own house to the said lands of Costoun and Str [...]an, and there murdered early in the morning of men and children to the number of forty persons, viz. Ar­chibald Lamond in Auchinf [...]re, Iohn Lamond there, [...] L [...]mond son to Ewen Lamond there a child, Archibald Lamond of Rive, C [...]ll Lamond his onely son a child, Ewen Lamond in Midtowars, Duncan Lamond his brother, Donald Mack [...]eill servant to the said Sir Iames Lamond, Donald Macklanchlane in Kilmichael, Finlay Mackilbreid, Donald Makilbreid his bro­ther, two of the name of Mackalasters sons to Archibald Mackalaster in Killer [...]ane; [...] Macklelland in Knock­millie, Robert Moodie in Castle Towart, Iohn Mackiller servant to the said Sir Iames, Harry Lamond, Archibald Mackperson, Iohn Mitchelson, Iohn Leith, Dongall Leith, and several others. As also the said Duncan Campbell most traiterously, treche­rously and perfidiously, with the said Defendents his Compli­ces, were main actors, abettors, assisters, and art and part of the burning of the said Sir Iames his house of Towart, taking away the goods and plenishing therein, destroying of the said Sir Iames his own men, Tenancs, Vassals and Servants; robbing [Page 24]and taking away of their goods the forsaid years 1645, and 1546, in one or other of the moneths thereof. Of the which treasonable deeds, murders, fire-raisings, oppressions, robbe­ries, and other cruel acts and malversations above mentioned, the said persons Defendants, and particularly the said Marquess of Argyle the said Duncan Campbell, an Officer under the said Marquesse's command, George Campbell Sheriff and Justice-deputy, of one of them, were authors, actors, aiders, abetters, assisters, contrivers and promoters of the same. And in like manner Robert Campbell of A [...]ng, and remanent de­fendents aforesaid, or one or other of them, most basely and perfidiously, after the said Capitulation, and contrary thereto and Our said Lawes and Acts of Parliament above-written, in moneth of [...] or one or other of the moneths above specified, in the year of God, 1646. 1647. 1648. 1649. 1650. 1651. 1652. 1653. 1654. or one or other of the said years, did violently reave and carry away, severall of the said Sir Iames's [...] plenishing, and did destroy and cut down the whole plantings in and about the said Sir Iames his house of T [...], Orchards, Parks and Walks thereof; and did sell, use and dispo [...]e thereupon, burning spailes and branches of the said Trees, socurred upon the roots of the same, that they might never grow thereafter, demolishing the walls of the said house, taking away the great hewed stones thereof, and build­ing therewith houses to himself. And also being present at the said bloudy and cruel murders committed at De [...]e, and a main actor, aider, abettor, assister, counsellor and promoter thereof; as also was a main actor, aider, abettor, assister, and a [...] and part of the great burnings, hairships, and tyffs commit­ted by the said Defendants, or one or other of them, of the said Sir Iames his own men, tenants, Vassals and servants houses, in the year of God 1645. and 1646. in one or other of the moneths thereof. Of the which cruel crimes, deeds and mal­versations above written the said Robert Campbell of Auchin­ [...]illing, and the said defendents, or one or other of them were main Actors, Aiders, &c. And also the said John Campbell of Ardtariche and remanent defendents above written, or one or other of them, in the said moneth of Iune 1646. years, most [Page 25]villanously contrary to the said Capitulation, was accessory to the burning of the said Sir Iames his house of Towart, and in the said moneth was present at the meeting, and a main Coun­seller, Aider, Abetter or Assister of the said Cruell and Bloudy Murthers, committed at the Village of Dencone. And to make the Premises manifestly appear, the said Iohn Campbell, by meet Oppression having possest the Lands belonging to the [...]e­ceas'd Dancan Lamond a Murthered person, particularly the Lands of Knockdaw, Innerchellane, the Lands of Lettingall and Towart fleeming: And in like manner having by Oppression also possest himself of the Lands of Gortamlesk, Kilmarnock and Brackleys, pertaining to the said Sir Iames; Taking away also before the burning of his said house, severall of the houshold­stuff and plenishing therein. Of the which Deeds and other Crimes above written, the said Iohn Campbell of Ardtariche, and remanent Defendents aforesaid, or one or other of them were Authors, Aiders, &c.

And further Mr. Colin Macklanchlane, Minister at Lochgo­lisheed, being present at the meeting in the said Village of De­n [...]one, in the said moneth of Iune 1646. most Villanously and Treacherously contrary to the said Capitulation, was a main Counseller, Actor, Author, Aides, Assister, Abettor, Promo­ter and Art and Part of the foresaid cruell murthers, commit­ted at the said Village of Dencone. And further the said James Campbell of Ardkinglas Officer under the said Mar­quess's command accompanied with his Regiment in the Low­lands, at the Village of the L [...]rgis, in the moneth of [...] 1645. adding to his former [...]uelties, one [...] La­mond a begger comming to the said James Campbell, and cra­ving his charity, the said James caused apprehend the said begger, and most cruelly caused murther and hang him, without any ground or warrant. Of the which cruell Crime of Murther the said Iames Campbell of Ardkinglas, and the said Defendents, or one or other of them were Authors, Actors, Abettors, &c. And moreover the said Iames Campbell of Ardkinglas, Officer under the said Marquess his command, and remanent persons Defendents aforesaid, intending never to put a period to th [...]i [...] cruelty, so long as any of the name of L [...]mond, and their friends [Page 26]and followers were left in the moneth of [...] 1646. the said Iames Campbell being accompanied with his said Regi­ment in the Lovelands, there being brought to him by Ang [...] Mackil [...]r [...]ck, Der [...] Campbell, and the deceas'd Francis Campbell his Brother, one Iohn Machpatrick alias Lamond, the said Iames Campbell of Ardkinglas, and remanent Defendents aforesaid, or one or other of them, caused cruelly murther and hang the said Iohn Machp [...]trick alias Lamond, and that without any ground or warrant. Of the which crime of murther, the said Defendants, or one or other of them, and particularly the said Iames Campbell of Ardkinglas, were authors, actors, aiders, abettors, assisters, or art and part.

And also, Alexander Campbell of Penny [...]ir, with certain of his followers and complices, upon the moneth of [...] 1645. years, did cease and apprehend, in the Isle of Comeraw, one Robert Lamond Merchant residenter in Ireland, from whence having come about his lawful occasions, to the said Isle of Co [...]raw, the saids persons did most cruelly and villainously murther and shoot the said Robert Lamond to death, at the said Isle: of the which cruell murther the saids Defendents, or one of other of them, and particularly the said Alexander Campbell of Pe [...]n [...]m [...]ir, were authors, actors, aiders, abettors, assisters, or art and part. And likewise the said George Campbell, Justice and Sheriff-Deputy to the said Marquess of Argyle, still persisting in his wonted cruelties and murthers, in the moneth of [...] 1645. years, caused murther and hang one Iohn Don Maclanch­lan of Ard [...]d [...], at the said Town of I [...]rary, and that with­out any ground o [...] warrant. Of the which cruell murther, the saids Defendents, or one or other of them, and particularly the said George Campbell, were authors actors, aiders, abetters, as­sisters, of art and part.

And further, the said Archibald Marquess of Argyle, and George Campbell his Justice and Sheriff-Deputy, likely never to make [...]n end of their cruelty, in the moneth of [...] 1647. years, or thereby, did most barbarously, cruelly, and un­ch [...]i [...]nly, murther and cut off Hector Macallaster of [...] and his two Sons, at L [...]chhead in Ki [...]yre, they being His Majesties free Lieges, having received Capitulation from the [Page 27]said Lieutenant General David Lesley, for life, lands, estate and goods; who according to the said Capitulation did go home to their dwelling house, living peaceably: Notwithstanding where­of the said Archibald Marquess of Argyle and the said George Campbell his said Justice and Sheriff-Deputy, sending so the said Hector Macallaster and his said two Sons, comming and fear­ing nothing, they most traiterously and villainously, contrary to the said Capitulation, caused to murthe [...] and hang the saids per­sons at Lochhead in Kintyre. Of the which cruell murders the saids Defendents, or one or other of them, and particularly the said Archibald Marquess of Argyle and George Campbell his Ju­stice and Sheriff-Deputy were authors, actors, aiders, abetters, contrivers, assisters, and promoters or art and part thereof. As also Archibald Campbell Evinnochan, Son-in-Law to the Laird of Otter in the moneth of [...] or one or other of the moneths respective above written, in the year 1646. was ac­cessory, art and part, and aider, abetter, and assister of the fore­saids cruell and wicked murders, committed at the lands of Stroane, and at the foresaid village of Den [...]on, being accessory also to the robbing and taking away of the houshold-stuff and plenishing of the said Sir Iames his said house of Towart, and of the burning of the same. Of the which cruell acts of murders, robberies, and fire-raising, the said Archibald Campbell was actor, author, abetter, assister, contriver, counsellour, promoter, and art and part thereof.

And likewise the said Marquess of Argyle and George Camp­bell his Justice and Sheriff-Deputy, or one or other of them, in the moneth of [...] or one or other of the saids moneths above written, in the year of God 1639. or thereby, caused sease upon and apprehend Col. Mac Gillespy, alias Mac Donnald, he being then His Majesties free Liege, incarcecate him in our said house of Dunstafneich, where he remained pri­soner till the year 1645. at which time being excambet after the battell of Inverlochie, he was taken prisoner in Ila in the year 1647. being then in His Majesties service, and within few days or weeks thereafter, the said Marquess and the said George cau­sed most cruelly hang the said Col. Mac Gillespy, at our said house of Dunstafneich. And further, the saids Archibald Mar­quess [Page 28]of Argyle and George Campbell his Sheriff and Justice De­puty, or one or other of them upon the moneth of [...] or one or other of the moneths above written, in the year 1647. or 1648. caused cruelly murther and hang Ronnald Macdon­nald Son to the said Col. at In [...]rary.

And also the said Marquess of Argyle and George Campbell his Justice and Sheriff-Deputy, most treacherously, trasterously, and perfidiously caused cruelly murther and hang, in the moneth of [...] or one or other of the moneths above written, in the year of God 1647. Alexander Maccoll Vick [...]nald alias Mackallaster in K [...]ichell of L [...]rgy, notwithstanding of a Capi­tulation granted by the said Marquess of Argyle and Lieutenant Generall Les [...]y, or one or other of them: Of the which three cruell murders immediately preceding, committed at Inverary and Dunst [...]eich the said Defendents, or one or other of them, and particularly the saids Archibald Marquess of Argyle, and George Campbell, his Justice and Sheriff-Deputy, were authors, actors, aiders, abettors, assisters, advisers, countenancers, and pro­moters, o [...] art and part.

Of the which treasonable crimes, Murders, Robberies, Op­pressions, and all other crimes, misdeeds, and malversations above mentioned, or one or other of them, the forenamed persons above complained upon, and every one of them, at least one or other of them, were Actors, Authors, Abetters, Assisters, Countrivers, Devisers, Consulters, Advisers, or Art and Part. And thereby they and each one of them, at least one or other of them, have incurred the respective pains and punishments, prescribed by our said Laws, and Acts of Parliament, viz. the forfeiture of Life, Lands, Dignity, Estates, and Goods, and the benefit thereof to be applyed to our use, or such use as we and our said Estates of Parliament, or these impowered by us for that effect shall appoint; at the least have incurred such other censure and punishment, in their Bodies, Names, Fames, Estate, and Goods, as we and our said Estates of Parliament, or those impowered or authorized by us for that effect, shall think fit, to be applyed, as said is, according to the nature and quality of their severall crimes, misdeeds and malversations, done and committed by them, which ought and should be [Page 29]inflicted upon them with all rigour, in example of others.

Our Will is herefore, and we Charge you that you law­fully Summon, Warne, and Charge, the whole forenamed persons, Defendents, above named as followeth, viz. so many of them as are within this our Realme of Scotland, personally, if they can be apprehended, and failing thereof, at their dwel­ling places, and by open Proclamation at the Market Crosses of the head Borroughs of our Sheriffdomes, or other Jurisdi­ctions within the which they dwell; and so many of them as are without the same, by open Proclamation at the Market Crosse of our Burgh of Edinbargh, peir and shore of Leith, upon threescore days warning, to appear personally before us and our Estates of Parliament, or those impowered or authorized by us for that effect, at Edinburgh, or where it shall happen them to be for the time, the [...] day of [...] with continuation of days to answer at the instance of our said Advocat, for our interest, and at the instance of the said Sir James Lamount, for himself, and in name and behalf foresaid for his interest above written. That is to say, the saids Defendents, to h [...]r and see it found and declared, verified and proved, in presence of our saids Estates of Parliament, or such as shall be autho­rized by us and them, that the saids Defendents, and every one of them, at least one or other of them, have committed, and are guilty of, the crimes of High Treason, and other crimes, Mur­ders, Robberies, Oppressions, Misdeeds, and Malversations, re­spective above specified, or one or other of them; at least they and every one of them, or one or other of them, were Au­thors, Abetters, Contrivers, Devisers, or Art and Part thereof: and the same being so verified and proved, to hear and see it found and declared, by us and our said Estates of Parliament, or those impowered or authorized by us for that effect, that the forenamed persons, and every one of them, have thereby in­curred the respective pains and punishments, prescribed by our said Laws and Acts of Parliament; and to hear and see the sentence and doom of forfeiture pronunced against them for the same, viz. the forfeiture and losse of Life, Lands, Dig­nities, Estates and Goods, and the benefit thereof to be apply­ed to our use, or such as we or our said Estates of Parliament, [Page 30]or those authorized by us for that effect shall appoint; at least to hear and see themselves adjudged to be censured in their Persons, Nature, F [...]es, Estates and Goods, as we and out saids Estates of Parliament of those impowered or authorized by as for that effect, shall think fit, according to the nature and quality of their severall Crimes, Misdeeds and Malversations, committed and done by them; and to hear and see the fore­said pains and punishments decerned to be executed, and in­flicted upon them, with all rigour, in example of others, at the [...]bitt [...]ent and determination of us and our said Estates of Parliament, or those impowered and authorized by us for that effect: With certification to the disobeyers, if they be con [...]um [...]cious and appear not, we and our said Estates of Par­liament, or those empowered and authorized by us, for that effect, will then instantly proceed against the saids Defendants, and every one of them, who does not appear, as Rebells and Traitors, and guilty of High Treason against Us and our Crown, and the Estates of this our antient Kingdome; to the forfeiting of their Lives, Lands, Estates and Goods, to be ap­plyed, [...] said is [...] and that their absence and contumacy shall be holden, as a manifest probation of their guiltiness, without necessary of any further probation. But if they appear and remaine present at the whole dyets of the procedure, that then we and our said Estates of Parliament, or those impowered and authorized by us for that effect, will proceed against the said Defenders upon lawful probation, to the forfeiting of their said Lives, Lands, Estates, and Goods, to be applyed as said is; Or otherwise by punishing and censuring of them, according to the nature and quality of their Crimes, Misdeeds and Malver­sations, in their Persons, Estates, Goods, Name and Fame, or some other manner of way, as we and our said Estates of Parliament, or those impowered or authorized by us for that effect, shall think fit and appoint, conforme to our sentence, decree and determination to be given and pronounced by us against the said Defenders therein, according to justice, to be called summarly without diet, table or continuation of other summons; because the foresaid action is for crimes of High Treason, and other Acts, Misdeeds and Malversations, com­mitted [Page 31]and done by the forenamed persons against us, and the Estates, of this our antient Kingdome, and the publick good and peace of the same; at least, whereof the forenamed per­sons Defendents were Aiders, Abetters, Assisters, Consulters, Devisers, Advisers, or Art and Part. And therefore merits summary process, conforme to daily practique, used in the like cases, and an deliverance granted by our Committee of Estates theranent. Moreover, that you lawfully Summon, Warne and Charge, to appear before Us, and Our Estates of Parliament, or those impowered or authorized by us, for that effect, the saids day and place with continuation of days to bear seill and soothfast witnessing, in so far as they know, or shall be asked at them, in the said matter, under all highest pain and charge that after may follow: As you will answer to us thereupon. The which to do we commit to you, conjunctly and severally, our full power by these our letters, delivering them by you duly executed, and indorsed again to the bearer.

Ex deliberatione commissionis Parlia­menti sic [...]subscribitur. Jo. Cunynghame.
Signed by warrant from the Parliament. Sic subscribitur, W. Sharp.
FINIS.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.