THE CHARGE OF HIGH TREASON, MURDERS, OPPRESSIONS, And other CRIMES, EXHIBITED To the Parliament of SCOTLAND AGAINST THE Marquis of Argyle And his COMPLICES, January 23. 1661. LONDON, Printed for Richard L●●●des, at the White Lion in St. Paul's Church yard, near the little North door. 1661. CHARLES by the grace of God. King of Great Britain, France, and Ireland, Defender of the Faith, To _____ Heralds, Pursivants, and Messengers of arms, respective, conjunctly and severally, specially constituted, Greeting. Forsomuch as it is humbly meant and complained to US, by our trusty and wellbeloved Counsellor, Sir John Fletcher Knight, our Advocate for our interest, in the action under-written; and by Sir James Lamount of Inneryve Knight, for himself and in the behalf of his kindred, friends, Vassals, Tenants and Servants, _____ parties grieved and damnisyed in manner after specified, upon Archibald Marquis of Argyle; George campbel his Justice and Sheriff Deputy: James campbel of Ardkinglar Officer under the said Marquis his command; Colin campbel of Stra●uhir, Duncan campbel of E●angreg. Officer under the command of the said Marquis; John campbel Fiare of Dunstafneich, Officer also under the said Marquess' command; Dongal campbel, alias Mackconnichie of Innerram. Officer under the said Marquess' command; Du●can campbel, Uncle to the Laird of Lochnell, Officer under the said Marquess' command; Robert campbel of Auchimwilling, John campbel of Ardtariche, Hue campbel his Son; Colin campbel of Otter, Patrick campbel his Brother; _____ campbel of Derburgh, Charles campbel of Ballach●ll, E●er campbel of Kilbryd his Brother; D●●e 〈◊〉 Glasie, alias campbel in Glead●●●ell, John Gerard campbel there: John Ma●k●●● Officer to the said George campbel, 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 campbel of Ormsay, D●●gald Mackleriehe of Bralycha●●, D●ncan Macknil●i●●r in Es●●g, Archibald campbel 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, Follower's, or Complicer under his command, and such as he might have stopped or let. That where notwithstanding by the 129. Act of the eight Parliament of Our dearest Grandfather, 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 Spiritual as Temporal, within this Realm, in the person of. His Majesty. His Heirs and Successors: and did Statute and Ordinance, that his Highness and his Successors by themselves, and their Counsels, were and should be Judges Competent to all persons, his Highness' Subjects of whatsoever degree, function, 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 Highness, his I ●eites and Successors, or their Council, in the premises under the pain of Treason. And sicklike, by the first Act of the eight Parliament, of our said dearest Grandfather, King James the sixth. His Majesty's Sovereign Authority, Princely Power. Royal Prerogative and Privilege of his Crown, over all Estates, Petions, and Causes whatsoever. And the whole Estates then conveen'd in Parliament for them, and their Succession, faithfully promised, perpetually to acknowledge, obey, maintain, defend and advance the Life, Honour, Safety, Dignity. Sovereign Authority and Prerogative Royal of Our ●id deatest Grandfather, his Heirs and Successors, and Privilege of the Crown, with their Lives, Lands and Goods; And to withstand all Persons, Powers and Estates, who should presume any ways to impugn, 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 several other Acts, His Statute, that none rebel against the King's Person or Authority; or if they do in the contrary, or make War against his Liedges, or reset any such Traitots, or supply them in red or council, or do favours to Rebels, or any waye● assist them, or do not rise at His Majesty's 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 Majesty's Laws, and medlars in His Majesty's affairs, or Misconstruers of His Proceed, 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 Corns, and wilful fire-faising; As also all murder or slaughter of His Majesty's 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 Mary's 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 licence in Writ, had and obtained of the Queen's 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 james the 6. it is Statute and Ordained 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 coming. They shall incur the caime and poine of Treason; That is to say. Tinsel and forfeiture of Life, Lands, and Goods. Likeat, by the common Law and practice of this Nation, all Committers of Murder, Manslaughter; Robbery, Rapine, or Reiff, is punishable by death; and who are Act or Part of any such crimes. As also by the same Laws, 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 complained upon, having laid aside all Fear of God, Loyalty and Obedience to their Sovereign Lord and King, natural affection and reciprocal duty to their Countrymen and sellow Subjects, Have most traicesously, treacherously, 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 Marquis of Argyle, George campbel his Servant, and Justice, and Sheriff-deputy; James campbel of Ardkinglas, Colin campbel of Straquhir, Robers campbel of Anchi●willing, John campbel of Ardrariche, Master Calin Macklan●hane, D●●can campbel of Ela●greg, John campbel Fiare of Dunstafaiche, Dargall campbel, 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 Majesty's 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 months of january, February, March, April, May, june, july, 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 or sicence, and expressly against his will, pleasure and service, at their own hand and by their own power, caused call, and convocate a pretended Committee and Convocation of His Majesty's Liege's; 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 levies of His Majesties own Subjects, in opposition to His Majesty's person, authority and express command. And thereafter did actually invade and enter within His Majesty's Kingdom of Engl. in open hostility, taking His Majesty's Towns, killing his Subjects, wasting and destroying their Estates and fortunes, joining with his rebellious Subjects in Eng. and an Army of Sectaries there, for destruction of His Majesty's Person, Royal Family, authority and government of these Nations, so far as in them lay. And thereafter in the months above written, or one or other of them, in anno 1646. the said Archibald Marquis of Argyle, and the remnant persons above named Defendants, or one or other of them, in an unheard of way of treachery and treason, delivered His Majesty's sacred Person into the hands of the said Rebels, who thereafter most treacherously 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 only by subtle and clandestine means, by Declamations and familiar Conserences, and openly by Declarations and public Speeches in face of Parliament, opened the same; but also the same being passed into an Act in the month of _____ 1648. years, publicly entered their disassent or Protestation against the same, most treasonably and treacherously 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 Majesty's Liege's, without any Warrant from King or Parliament; and did in open hostility march to His Majesty's burgh's Royal of Edinburgh and Sterling, prosecuting his said Army, killing His Majesty's good Subjects, wasting and destroying their lands and houses. And thereafter most basely and traitorously invited the late Tyrant and Usurper Oliver Crom●ell to enter His Majesty's Kingdom of Sc●●land, with an Army of ●●angers, Traitors and Sectaries; sustained him and his treasonable Army with all sorts of provision, ●easting and countenancing himself and prime Officers in the metropoly●an City of Our Kingdom, and within His Majesty's ●ort and strength there of the Caille of Edinburgh, where the most considerable strength of the Kingdom was for the time: By these mean● ca●●ing the secrecies of His Majesty's 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 Kingdom's bane and ruin, and was the act immediately preceding the cruel Regicide and murder of their sacred Sovereign Our Royal Father. At least they, or one o● other of them, were either aiders, abettors, assistants, promoters, 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 Marquis of A●●y●●, not having yet satisfied hit malice, treasonable attempts and purposes, not considering the duty either be owed to God, his Prince, Country, 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 Ourselves, 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 january 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 reigneth for ever, I shall suppois 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 God, who liveth and reigneth for ever, I became Your Liege, and truth and faith shall 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 Marquis 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 months above written, or one or other of them, anao 1652. at the desire of General Dean and Colonel Overton, Our known and public enemies, they having come to In●●rrarey with a Regiment of Soldiers, and there the said Marquis 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 Cromwell 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 Marquis 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 strait in their return from Innerarey, they being in the power of certain of the said Marquis his friends, and divers others of His Majesty's loyal Subjects then in arms, standing in opposition against them; and they having taken in all Passes, the said Marquis being then Our Justiciary in these bounds, and Sheriff of Argyle, most traitorously 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 Marquis his insinuation there was a safe pass given to the said enemy from the foresaid danger. Like as further to evince the said Marquis 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 month of _____ a thousand six hundred and fifty _____ year, upon a pretended call from the said Tyrant and Usurper, to convene a pretended Parliament, without any coaction or necessity, did engyre himself in 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, treacherously, treasonably and ●●●ribily, contrary to his own dignity and degree, sat and acted by Voting and other ways, 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 months above written, or one or other of them, in the year 1653. or 1654. or either of them, sold and delivered several muskets and other ammunition to the said Rebels, to the number of seventeen Cannon, and seven hundred muskets, or there abouts. Thirdly, in the year 1654. several 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 wellbeloved Cousins and Counsellouts, William Earl of Glencairn●, and John Earl of Middlettes, than 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 marquis of Argyle and the remanent persons above complained upon, or one or other of them, in the months 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 Marquis, of Argyle, and remanent persons above complained 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 Marquis and remanent persons above complained upon, or one or other of them in the months above written, or one or other of them in the year 1654. 1655. most perfidiously, treacherously, and traitorously, went into the said English Rebels, without any coaction or necessity to the Highlands in Lochquhaber, and several other places; and joined with the said Rebels, for suppressing of the said Parles of Glencairne and Middleton, than our Commissioners, and our Forces under their command; and countenanced, counselled, and conveyed the said Rebels, through divers places in the Highlands, in their expedition against our Forces. At least the said persons defendants, and particularly the said Archibald marquis of Argyle, were Authors, Actors, Aiders, Abettors, Assisters, and Countenancers of the said treasonable crimes, and others above specified. Fifthly, when the said Arch-Traitor and Regicide died, Richard Cromwell his Son, was by order of his Fathets traitorous Council, sitting at London Proclaimed Protector of our three Kingdoms, at the Market Cross of Edinburgh; which was done accordingly by a pretended Council sitting at Edinburgh for the time. At the doing whereof, the said Archibald marquis of Argyle most traitorously, treacherously, and perfidiously in the months of _____ a thousaid six hundred fifty _____ year, went up to the said Cross 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 marquis of Argyle, his willingness to serve the said Usurper in the accomplishing of all his treasonable designs, and to extirpate us from our Royal authority and Government, he endeavoured 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 Crowns of Scotland, England, and Ireland; and for suppressing of the Privileges, Laws and Liberties of this our ancient Kingdom of Scotland. The said marquis did in obedience of the said Traitorous 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 Traitorous 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 Crowns of these our three Kingdoms. Likeas thereafter the said Marquis did embrace the Office of Sheriff-ship of Argive 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 Marquis 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 month of _____ 〈◊〉 one or other of the months above written, in the year 1652. or 1653. or one or other of them, some Ministers being then present, praying for His Majesty's happiness and welfare, the said Marquis 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 Marquess 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 month of _____ or one or other of the said months, the said Marquis 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 only man that plotted the rising of the Forces in the West, terming the same the Whig-rode, which proved the main cause of our ruin. Moreover his correspondence, joining, acting and consulting with the Enemy for Our ruin is more manifest, in so far as he did receive precepts from the said Tyrant and Usurper Oliver Cromwell, directed to his Council at Edinburgh, for payment of the sum of Twelve thousand pounds sterling, for good and thankful service done by the said Marquis. Likeas he did keep correspondence with the Usurper Richard Cromwell, and Charles Fleetwood in the year 1658. and 1659. by missive Letters and other ways. As also with Sir Archibald johnston of Wariston, his fellow traitor, in the said year 1659. when he sat in that traitorous meeting or Council of the Rebels at London, called the Committee of Safety, wherein the said Wariston sat as Precedent: 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 months 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 deceased Sovereign Lord and dearest Father, having granted Commission upon the _____ day of March 1643. years under His said Majesty's hand, authorising and giving express order to the said Sir James Lamond to prosecute a War, and levy Forces in His Majesty's name, against those in Rebellion, and particularly against the said Marquis of Argyle, and to invade his Bounds and Lands, as he was the principal Promoter of these odious and rebellions practices against His Majesty's 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 allegiance and bound duty, levied all his friends and followers, and accordingly acted as became a good Subject in His Majesty's service. For promoting whereof till the year 1646. That after His Majesty's coming 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 Country having been formerly wasted and burnt. After which in the month of _____ or thereabout, in the same year, the said defendants, or one or other of them, being commanded by the said James Camphell of Arakingla●, Dr●gall campbel 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 indemnity in their persons and 〈◊〉, with power to pass freely where they, leased; as the said articles, subscribed by the hands of the said James campbel of Ar●●●●●las, Colin campbel of Str●quhir, John campbel Fire of Dansta●●●ich, D●●can campbel of Elangreg, Deugall campbel of 〈◊〉, Duncan campbel Uncle to the Laird of Lorbinell, and john M●ckl●●●● Flare of Craigintareiff of the date the third day of I●●e at more length bear● nevertheless the aforesaid persons complained upon, or one or other of them, did most perfidiously, treacherously, and treasonably, shortly after the said capitulation, plunder the said houses of their whole furniture and goods therein; and did rob and take away from the persons within the same, their whole money and , did drive their whole Cattles of all sorts, which together with the wallations formerly done by them, to the said Sir james, his Friends, Vassals and Tenants, did exceed the sum of fifty thousand pound Seerling. And in a most cruel 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. Marry Gila●●●, Marione Mackleish a young maid, Cale●ch Breidmachfoyne, Margne●s Crawforde, and certain others; and inhumanly left their bodies, as a prey to ravenous beasts and fowls. At the least, the said persons or one or other of them, and particularly the said Marquis of Argyle, were authors, actors, aiders, abetters, assisters, contrivers, and art and part of the said cruel bloody murders, robberies, oppressions, and other deeds and malversations above libeled. 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 james campbel of Ardkinglas, Dougall campbel of Iauerra●, Colin campbel of Straquhir, Duncan campbel of Ellangreg, Dancan campbel, Uncle to the Laird of Lochnell, john campbel Flare of Danstafneiche, did most treacherously, perfidiously, and traitorously felter and bind the hands of near two hundred persons, of the said Sir james 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 thiefs, within the said Sir James' house and yards of Towart, for the space of several days in great torment and misery, they being His Majesty's free Liege's and people. Likeas most traitorously and perfidiously, contrary to the said capitulation, they did carry the said Sir james Lamond prisoner to the said house and castle of Escog, and by that means, and for fear of the said Sir james his life, the keepers of the said Castle, being the said Sir James' Friends and Vassals, they did surrender the said house, upon capitulation of life, fortune and goods: which capitulation was most traitorously and perfidiously broken. And in pursuing of their further villainy, after plundering and robbing of all that was within and about the said house, they most barbarously, cruelly and inhumanly, murdered several young and old, yea sucking children, some of them not one month old. And further the said defendants or one or other of them, and particularly the foresaid subscryvers of the said capitulations in the month of _____ 1646. years, did most traitorously and perfidiously carry the whole people that was within the said house of Escog prisoners with a guard to the said Sir james his house of Towars, and shortly after their removal from the said house of Escog, the said defendants, or one or other of them, caused burn the same, destroying the whole Orchards and Planting about the said house of Es●ng. And not being content with their former cruelties, they shortly thereafter carried all the said person, who were prisoners in both the said houses of Escog and T●●ars, bound prisoners (being His Ma●ell●● 〈◊〉 Liege's) to several boa●s, sending the said Sir james Le●●ind, his two brethren Robert Lamond of Escog, Patrick Lamond his only Son, Dancan L●mand his Brother, and john Lamond of A●chingylie, prisoners to the said George campbel Sheriff. Deputy to the said Marquis his house of 〈◊〉, at which time the said persons or one or other of them, most villainously, contrary to the said capitulation, laws and acts of Parliament aforesaid, burned the said Sir james Lamonds mansion house of I●●a●e: Of the which cruel crimes of treason, murders, fire raisings, burn, oppressions, robberies and other crimes above mentioned, committed contrary to our said laws and acts of Parliament, and the capitulation above-written, the said defendants, 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 traitorously 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, traitorously and perfidiously 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 james, viz. neil 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 john L●●●●ds his som●, Ew●n Lamond in Midtowars, Gilbert Lamond, D●●can Lamond, john Mackqutin alias Lamond, Ar●hibald Mack●●in alias Lo●●nd his brother. Donald Mackqu●in alias Lamond, Duncan and john Lamonds sons to Walter ●am●●d brother German to the Laird of Escog, Hugh Lamond 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, john Mackqutin younger alias Lamond, Patrick Brigle son to the deceased Mr. john Beigle Minister at Ruliesay, Dougall Haerper alias Mackalaster servant to the said Sir james Lamond, john ●●●ond son to Gilbert Lamond of Knockour, Gilbert Macklay in Glendarewall, james Lamond in Ardyne, Donald Lamond, james Mackquein alias Lamond in Netherconall, james Lamond his son, and john Mackpatrick alias Lamond in Ardyne. And also the said Persons Defendants, or one or other of them upon the foresaid _____ day of june 1646. most cruelly, barbarously, inhumanely and unchristianly murdered with durks, and cut down with swords and Pistols the persons following, viz. john Lamond in Auchinshallech, who being about the age of fourscore years, having a Flux upon him, and being also pined away with hunger and thirst, they most cruelly and barbarously stobbed 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, neil Mankneill, Meldonich Mackman, john Mackman his Brother, Archibald Hamilton, Meldonick Mackilmichael, Robert Michael, john Mackinlay, john Hendry, Alexander Hundry, Patrick Hendry, john Lamond, Angus Mackilm●●●, john Mackyunes, john Macekdongall, john Henry, William Mackwilliam alias Wilson, Hue Mackcrow, john Mackcr●w his Brother, john Mackperson, Donald Mackperson, Duncan Mackperson, Donald Mackilbreid Lamond, Duncan Lamond, Duncan Mackalaster, Thomas Membryd, john Michaelson, john Moodie, and john jamison then Provost of R●besay, who being shot thrice through the body, finding some life in him, did thrust several durks and skanes in him, and at last did cut his throat with a long durk; The said john jamison, not only representing His Majesty's 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 cast some of the aforesaid persons into holes made for them, who were spurning and wrestling, whilst they were suffocated, with earth; having denied to them any time to recommend themselves to God; albeit earnestly desired and begged by the said murdered persons. Insomuch that the Lord from Heaven did declare his wrath and displeasure against the foresaid inhuman cruelty, by stricting the ●ree whereon they were hanged, in the said month 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 root thereof a spring like unto blood popling up, running in several streams, all over the root, and that for several years thereafter: Till the said murderer 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 root, covering the whole with earth, which was full of the said matter like blood. Of the which cruel murders, the said persons, and specially the said Marquis of Argyle, or one or other of them, were authors, actors, aiders, abetters, assisters, contrivers, countenancers and 〈◊〉, many of the said persons defendants, being Officers under the command of the said Marquis of Argyle. Tenthly, Upon the Month of _____ 1646. the said Sir James Lamond, his said brethren and friends, being detained prisoners at the said Marquis his house of junerary, the said George Campbel Sheriff, and Justice deputy to the said Marquis, James Campbel of Ardkenglas Collunder thecommand of the said Marquest, Dougall campbel alias Mackconnachie of En●rran Maso● under the command of the said Marquis, and certain other persons being met in a kind of Conventicle, who did inquire of the said Sir james, whether he would submit his life and s●● tune to them, or not? who answered, That he would not pleading upon His Majesty's Commission, the Capitulation given to him, and that he being the King's Baron could not be judged by them, none of them being such. Whereunto the said George campbel replied, that the said Sir james was a false Knave, and that he would judge him whether he would or not, and hang him as Justice-deputy of the said Marquis of Argyle; at which time the said George campbel did rob and seize upon the sum 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 quarrel was unjust, and that he repent 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 Murdered 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 Marquis of Argyle, the said Sir james 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, until he was carried from thence to Sterling, by virtue of an Order from Us and Our Estates of Parliament, they having not time to take trial of the matter at that time, by reason of our Marching into England, sending the said Sir james up to the Castle of Sterling, for fear of the said Marquis his cruelty; in regard he often threatened, that if ever the said Sir james came in his power, the World should not save his life, and that he repent 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 cruel crimes of oppression and others above specified, the said Desendants, particularly the Marquis of Argyle, one or other of them, were Actors, Aiders, Abettors, Contrivers, Countenancers or Promoters. Eleventhly, The said persons Defendants, their cruelty against the said Sir james is manifest, in so far as the said Month of _____ 1651. Donald campbel sent john campbel of Ardtarich of their special 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 Air and Ranfrew, where they heard that the said Sir james 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 james, 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 Pistol, in either hand, making search through the whole house and beds, to have Murdered the said Sir james, who by providence was in the Wood, not knowing any thing of the intended Murder. And the said persons being disappointed of their intentions, did retire to their boats, the said Sir james 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 immediately thereafter the said Marquis of Argyle and his accomplices, failing of their said intended Murder, the said Marquis did desire a Warrant from the Committee of Parliament, in the said year 165●. for apprehending the said Sir james Lamond, intending thereby to prosecute the aforesaid Murder; which warrant was then refused to be granted to him, as least the said Defendants, & particularly the said Marquis 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 Marquis of Argyle, their cruelty and oppression against the said Sir james, the said Marquis in the Month of _____ 1647, or thereabouts, came to our house of Dunstasneiche, where the said Sir james had been kept most unjustly and unwarrantably prisoner several years before, and sending to him the late deceased Archibald campbel keeper of our said Castle under the said Marquis, C●●in campbel of Loch●●ell, and Do●gall campbel alias Mack●●●●●chie of Inner●●, as Commissioners, with certain proposals following, viz. First, that the said Sir james should renounce and for ever overgive all right, title and interest, he had to his own property, and his vassals superiority. And upon condition also, that the said Sir james, should under his own hand abjure Scotland, and never to be seen therein: which being done the said Marquis said he would give to Sir james a considerable sum, threatening also that if the said Sir james would refuse the said offer, so long as the said Marquis had an house in the World, the said Sir james should be prisoner therein, and should torment him with pain and misery, till the marrow should ●ot within his bones. The said Marquis declaring also, that he hath already possessed himself of the said Sir james, and his Vassals estates, which he said he and his should possess, in despite of those who would or would not. Whereupon the said Sir james, 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, professed to be willing to grant some of the former desires; the said Marquis 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' desires. Notwithstanding whereof, and the said paper was delilivered to the said Marquis, he persisting in his former cruelty and oppression, did send back the said Sir James to prison, where he remained at Our said house of Dunsta●neich, so that the said papers so subscribed and delivered to the said Marquis and George campbel 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 defendants, and particularly the said Archibald Marquis of Argyle his Friends, and Complice, persevering in their further oppression, in the month of _____ 1649. years, caused the said deceased Archibald campbel, than keeper of our said castle of Dunstasneich, under command of the said Marquis, compel the said Sir James to grant a band to the said Archibald, his heirs, executors and assigns, for payment of the sum of four thousand four hundred Ma●●s of thereabouts, for alleging 4. years entertainment in our said Castle, where the said Sir James Lamond was violently, traitorously and illegally detained prisoner: Unto the which Band the said Marquis be assigned, he did intent action thereupon before the English Judges, and for that and certain other pretended debts, which were paid, the said Marquis took 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 Marquis by acceptation of the said assignation, pursued thereupon his imprisonments, threaten and others above and after specified. Fourteen, the said George campbel Justice under the said Marquis, still continuing in his former cruelties and oppression, in the month of _____ 1647, years or thereabouts, not only contrary to his said Majesty's Commission, but also contrary to the Articles of Capitulation, our Laws and Acts of Parliament, having taken Patrick Lamond Flare of Escog, and John Lamond of Auchingylle out of the said Castle of Escog, after they had ●endred the said Castle upon the Capitulation , having detained them prisoners, the one in the Castle of Carack, 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 Marquis, 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 Marquis, and his Deputy their justiciary, being also their dependants and followers, and of the said George his making use of, for the most part, for murders and oppressions. Which Assize having convicted the said Patrick Lamond Fiare of Escog, and having absolved the said John Lamond, in respect of some favours done to them, the said George campbel nevertheless caused the said pretended inquest thereafter to meet, contrary to the express Law and Act of Parliament; the said George saying, that it was not fit that one youngman 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 virtue of the said George his unjust and unlawful sentence, the said two Gentlemen were hanged to death at Innerarey. Like as the said Marquis of Argyle his concourse, countenancing and promoting of the said cruel murders and oppressions, the said Marquis by himself, james campbel of Ardkinglas, and their Complices have still possessed the Lands of Escog, and Auchingyll, belonging to the said two murdered 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 Marquis refused to give any supply or entertainment; they living still as yet upon the charity of the people. Likeas the said Marquis of Argyle doth most violently, illegally and unjustly, possess the lands belonging to john Lamond of Auchinshelloch, who for age and infirmity, as said is, was cruelly murdered at the ladder foot in manner above-written. At least the said persons defendants; and particularly the said Marquis of Argyle, George campbel his Justice and Sheriff-Deputy, james campbel of Ardkinglas, or one or other of them were Authors, Aiders, Abettors, Assisters, Promoters, Counsellors, Contrivers and Art and Part of the said wicked murders, oppressions, burn, robbery, and other Deeds, and malvers actions above-written. And further, to manifest the said Marquis of Argyle, George campbel his said Justice and Sheriff-Deputy, and their Complices, their cruelty and oppression, they or one or other of them in the month of _____ 1648. years, having at that time murdered 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: threatening him, that if he would not renounce and dispose his Right of the whose Lands of Re●●es, which he bold of the Land of Lamond, than 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 Marquis of Argyle, and did deliver to him the whole writings thereof, conform whereunto the said Marquis con●● still in possession. And in like manner the said Marquis of Argyle, George campbel his Justice and Sheriff-deputy, and their said Complices, by their power and warrant have possessed and do possess the Lands belonging to the said james 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 Marquis had his own Bow●en and Herds, keeping thereon a number of his own proper goods several years: The said Marquis possessing also several other lands both in property and superiority belonging to the said Sir james, the Marquis having no right thereto, but possessing the same by mere opposition. Of the which crimes of Oppression and others above specified, the said Marquis of Argyle, George campbel Justice and Sheriff-deputy to the said Marquis, james campbel of Ardkinglas, Officer under the said Marquess' command, and remanent Defendants, were authors, actors, aiders, abettors, assisters, contrivers, promoters, and art and part. And further, the said Marquis of Argyle, George campbel his Justice and Sheriff-deputy, and their Complices and remanent Defendants above named, or one or other of them, in the month of _____ 1648. years, of thereabout, did seize and apprehend the person of Dongall Mackl●●gall of D●●●a●ch, after he had surrendered the house of Dru●lick, upon a subseryved Capitulation under the hands of Lieutenant General David Lesley for his life, liberty and estate. Notwithstanding whereof the said Marquis 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' desire to be free of the woeful Imprisonment and torture, to grant to him a disposition and renunciation of the said Dongall's lands of Barninggarr; whereof the said Marquis is still in possession since the said year 1648. Of the which cruel acts of Oppression, particularly the said Marquis of Argyle and George campbel his servant, or one or other of them, were authors, aiders, abettors, assisters, countenancers, promoters, and art and part. And in like manner, Duncan campbel of Elangreg most treacherously, traitorously and perfidiously, after subscryving of the Capitulation by him granted to the said Sir james, 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 campbel 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 james and Leymount. And also the said Duncan campbel with certain of his Complices, in the month 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, john Lamond there, _____ L●mond son to Ewen Lamond there a child, Archibald Lamond of Rive, C●ll Lamond his only son a child, Ewen Lamond in Midtowars, Duncan Lamond his brother, Donald Mack●eill servant to the said Sir james 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, john Mackiller servant to the said Sir james, Harry Lamond, Archibald Mackperson, john Mitchelson, john Leith, Dongall Leith, and several others. As also the said Duncan campbel most traitorously, treacherously and perfidiously, with the said Defendants his Complices, were main actors, abettors, assisters, and art and part of the burning of the said Sir james his house of Towart, taking away the goods and plenishing therein, destroying of the said Sir james his own men, Tenancs, Vassals and Servants; robbing and taking away of their goods the foresaid years 1645, and 1546, in one or other of the months 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 Marquis of Argyle the said Duncan campbel, an Officer under the said Marquess' command, George campbel 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 campbel of A 〈…〉ng, and remanent defendants aforesaid, or one or other of them, most basely and perfidiously, after the said Capitulation, and contrary thereto and Our said Laws and Acts of Parliament above-written, in month of _____ or one or other of the months 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, several of the said Sir James' 〈…〉 plenishing, and did destroy and cut down the whole plantings in and about the said Sir james 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 bloody 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 burn, hairships, and tyffs committed by the said Defendants, or one or other of them, of the said Sir james his own men, tenants, Vassals and servants houses, in the year of God 1645. and 1646. in one or other of the months thereof. Of the which cruel crimes, deeds and malversations above written the said Robert campbel of Auchin●illing, and the said defendants, or one or other of them were main Actors, Aiders, etc. And also the said John campbel of Ardtariche and remanent defendants above written, or one or other of them, in the said month of june 1646. years, most villainously contrary to the said Capitulation, was accessary to the burning of the said Sir james his house of Towart, and in the said month was present at the meeting, and a main Counsellor, Aider, Abetter or Assister of the said Cruel and Bloody Murders, committed at the Village of Dencone. And to make the Premises manifestly appear, the said john campbel, by meet Oppression having possessed the Lands belonging to the deceased Dancan Lamond a Murdered person, particularly the Lands of Knockdaw, Innerchellane, the Lands of Lettingall and Towart fleeming: And in like manner having by Oppression also possessed himself of the Lands of Gortamlesk, Kilmarnock and Brackleys, pertaining to the said Sir james; Taking away also before the burning of his said house, several of the householdstuff and plenishing therein. Of the which Deeds and other Crimes above written, the said john campbel of Ardtariche, and remanent Defendants aforesaid, or one or other of them were Authors, Aiders, etc. And further Mr. Colin Macklanchlane, Minister at Lochgolisheed, being present at the meeting in the said Village of Den●one, in the said month of june 1646. most villainously and Treacherously contrary to the said Capitulation, was a main Counsellor, Actor, Author, Aides, Assister, Abettor, Promoter and Art and Part of the foresaid cruel murders, committed at the said Village of Dencone. And further the said James campbel of Ardkinglas Officer under the said Marquess' command accompanied with his Regiment in the Lowlands, at the Village of the Largesse, in the month of _____ 1645. adding to his former cruelties, one _____ Lamond a beggar coming to the said James campbel, and craving his charity, the said James caused apprehend the said beggar, and most cruelly caused murder and hang him, without any ground or warrant. Of the which cruel Crime of Murder the said james campbel of Ardkinglas, and the said Defendants, or one or other of them were Authors, Actors, Abettors, etc. And moreover the said james campbel of Ardkinglas, Officer under the said Marquis his command, and remanent persons Defendants aforesaid, intending never to put a period to th●i● cruelty, so long as any of the name of L●mond, and their friends and followers were left in the month of _____ 1646. the said james campbel being accompanied with his said Regiment in the Lovelands, there being brought to him by Ang●● Mackil●●r●●ck, Der●●●● campbel, and the deceased Francis campbel his Brother, one john Machpatrick alias Lamond, the said james campbel of Ardkinglas, and remanent Defendants aforesaid, or one or other of them, caused cruelly murder and hang the said john Machp●trick alias Lamond, and that without any ground or warrant. Of the which crime of murder, the said Defendants, or one or other of them, and particularly the said james campbel of Ardkinglas, were authors, actors, aiders, abettors, assisters, or art and part. And also, Alexander campbel of Penny●●ir, with certain of his followers and complices, upon the month 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 said's persons did most cruelly and villainously murder and shoot the said Robert Lamond to death, at the said Isle: of the which cruel murder the said's Defendants, or one of other of them, and particularly the said Alexander campbel of Pe●n●m●ir, were authors, actors, aiders, abettors, assisters, or art and part. And likewise the said George campbel, Justice and Sheriff-Deputy to the said Marquis of Argyle, still persisting in his wont cruelties and murders, in the month of _____ 1645. years, caused murder and hang one john Don Maclanchlan of Ard●●d●●●●, at the said Town of I●●rary, and that without any ground o● warrant. Of the which cruel murder, the said's Defendants, or one or other of them, and particularly the said George campbel, were authors actors, aiders, abetters, assisters, of art and part. And further, the said Archibald Marquis of Argyle, and George campbel his Justice and Sheriff-Deputy, likely never to make ●n end of their cruelty, in the month of _____ 1647. years, or thereby, did most barbarously, cruelly, and unch●●i●nly, murder and cut off Hector Macallaster of _____ and his two Sons, at L●chhead in Ki●●yre, they being His Majesty's free Liege's, having received Capitulation from the 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 Marquis of Argyle and the said George campbel his said Justice and Sheriff-Deputy, sending so the said Hector Macallaster and his said two Sons, coming and fearing nothing, they most traitorously and villainously, contrary to the said Capitulation, caused to murder and hang the said's persons at Lochhead in Kintyre. Of the which cruel murders the said's Defendants, or one or other of them, and particularly the said Archibald Marquis of Argyle and George campbel his Justice and Sheriff-Deputy were authors, actors, aiders, abetters, contrivers, assisters, and promoters or art and part thereof. As also Archibald campbel Evinnochan, Son-in-Law to the Laird of Otter in the month of _____ or one or other of the months respective above written, in the year 1646. was accessary, art and part, and aider, abetter, and assister of the foresaids cruel and wicked murders, committed at the lands of Stroane, and at the foresaid village of Den●on, being accessary also to the robbing and taking away of the householdstuff and plenishing of the said Sir james his said house of Towart, and of the burning of the same. Of the which cruel acts of murders, robberies, and fire-raising, the said Archibald campbel was actor, author, abetter, assister, contriver, counsellor, promoter, and art and part thereof. And likewise the said Marquis of Argyle and George campbel his Justice and Sheriff-Deputy, or one or other of them, in the month of _____ or one or other of the said's months above written, in the year of God 1639. or thereby, caused seize upon and apprehend Col. Mac Gillespy, alias Mac Donnald, he being then His Majesty's 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 battle of Inverlochie, he was taken prisoner in Ila in the year 1647. being then in His Majesty's service, and within few days or weeks thereafter, the said Marquis and the said George caused most cruelly hang the said Col. Mac Gillespy, at our said house of Dunstafneich. And further, the said's Archibald Marquis of Argyle and George campbel his Sheriff and Justice Deputy, or one or other of them upon the month of _____ or one or other of the months above written, in the year 1647. or 1648. caused cruelly murder and hang Ronnald Macdonnald Son to the said Col. at In●●rary. And also the said Marquis of Argyle and George campbel his Justice and Sheriff-Deputy, most treacherously, trasterously, and perfidiously caused cruelly murder and hang, in the month of _____ or one or other of the months above written, in the year of God 1647. Alexander Maccoll Vick●●●nald alias Mackallaster in K●●●ichell of Largy, notwithstanding of a Capitulation granted by the said Marquis of Argyle and Lieutenant General Les●y, or one or other of them: Of the which three cruel murders immediately preceding, committed at Inverary and Dunst●●●eich the said Defendants, or one or other of them, and particularly the said's Archibald Marquis of Argyle, and George campbel, 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 applied 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 applied, as said is, according to the nature and quality of their several crimes, misdeeds and malversations, done and committed by them, which ought and should be inflicted upon them with all rigour, in example of others. Our Will is herefore, and we Charge you that you lawfully Summon, Warn, and Charge, the whole forenamed persons, Defendants, above named as followeth, viz. so many of them as are within this our Realm 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 Cross 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 Advocate, 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 said's Defendants, to h●●r and see it found and declared, verified and proved, in presence of our said's Estates of Parliament, or such as shall be authorized by us and them, that the said's Defendants, 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 pronounced against them for the same, viz. the forfeiture and loss of Life, Lands, Dignities, Estates and Goods, and the benefit thereof to be applied to our use, or such as we or our said Estates of Parliament, 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 said's Estates of Parliament of those impowered or authorized by as for that effect, shall think fit, according to the nature and quality of their several Crimes, Misdeeds and Malversations, committed and done by them; and to hear and see the foresaid pains and punishments discerned 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 contumacious 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 Rebels and Traitors, and guilty of High Treason against Us and our Crown, and the Estates of this our ancient Kingdom; to the forfeiting of their Lives, Lands, Estates and Goods, to be applied, 〈◊〉 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 remain present at the whole diets 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 applied 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, conform to our sentence, decree and determination to be given and pronounced by us against the said Defenders therein, according to justice, to be called summarily 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 and done by the forenamed persons against us, and the Estates, of this our ancient Kingdom, and the public good and peace of the same; at least, whereof the forenamed persons Defendants were Aiders, Abetters, Assisters, Consulters, Devisers, Advisers, or Art and Part. And therefore merits summary process, conform to daily practic, used in the like cases, and an deliverance granted by our Committee of Estates theranent. Moreover, that you lawfully Summon, Warn 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 seil 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 endorsed again to the bearer. Given under our Signet at Edinburgh, the twenty eighth day of December, and of our reign the twelfth year, 1660. Edingburgh January 23. 1661. Ex deliberatione commissionis Parliamenti sic●subscribitur. Jo. Cunynghame. Signed by warrant from the Parliament. Sic subscribitur, W. Sharp. FINIS.