Answer to the Charge Sent Him in the Castle of Edinburgh, libel

Answer to the Charge Sent Him in the Castle of Edinburgh · libel

THE Marqueſs of Argile HIS ANSWER TO HIS CHARGE Sent unto Him in the CASTLE of EDINBƲRGH, The 28. of January.

Printed in the Year, 1661.

p. 1A Preface to ſome generall things concerning this LIBEL.

I. IT may appear to any to be framed meerly out of malice, becauſe it takes in all things (either alledged, ſpoken, or done) ſince the year of God, 1638. notwithſtanding his Majeſties Royal Fathers, and his own acts of Oblivion and Approbation.

II. Becauſe it does not ſo much as alledge any reaſon or motive for any thing hath been done, nor any end why, or to which any did drive, and ſo making any man who was ingaged more malicious then the Devil, and more unreaſonable then brute Beaſts.

III. It repeats all that hath been done by Kirk or Kingdom, to be the Marquiſs of Argyles deeds, though he neither was at the beginning of the buſineſs, nor very many of the particulars mentioned, as the narration of his carriage can ſhew, he ſhew both the reaſons and ends of his doing all he did, being meerly for Religion, King and Kingdom, according to the Covenant, never preſſing any thing earneſtly, but for the Covenant, nor oppoſing, but when it was refuſed.

1. Mr. Jobn Stewarts Proceſs will clear much of the falſhood of this point; for though ſuch a diſcourſe had been, it was but narratively of a debate, which was before the fitting of the Parliament, 1640. Wherein Mr. Alexander Henderſon uſed thoſe very words, though nothing to his Majeſties diſadvantage, and whether I related that debate, no mans memory can be charged with ſuch a thing, after ſo long a time, and a clear Act of Oblivion of his Majeſties Royal Father 1641.

2. This is a great miſtake, when the Defender came to the houſe of Airly, Montroſs had put a garriſon in it for the uſe of the Country, and when I come there with the Countreys Order, Sibbald who was in it, upon ſight of my Commiſſion did preſently leave it; and the Earl of Airlies own friends knows, except what Buſhes were cut for Hutting to Souldiers, I had no uſe to cut the Planting; and my ſtay there a few days was, p. 2expecting the Lord Ogilby, whoſe Friends were gone to him for that purpoſe, and the ſlighting of the houſe was then a favour, his order being more ſtrict, and I believe his Friends or Tenants had no loſs to my knowledge: As for burning the houſe further in Glenyla, the Defend…r knew nothing of it at all, until ſome days after it was done; and howſoever, it was included in the Act of Oblivion, 1641.

3. Some men indeed, named under my Command, lay at Dumbartan by order of Committee and Parliament, whereby that Garriſon was loth to come abroad, and ſo many of them fell ſick; whereupon Sir John Henderſon ſent for me, that I might come to the Caſtle and receive it from him upon honorable terms, which I did, and ſuffered him to make his own Articles, for matter of honour: And I tran…ported none of the Canon, but when his Majeſty was in Scotland, 1641. the Duke of Richmond did give the Defender two Canon, this is known to many; this buſineſs is likewiſe before the Act of Oblivion, 1641.

4. This is anſwered formerly, there is added a promiſe of mine, which needed not been mentioned, for I acknowledge my many obligations to his Majeſty as ſtrong as that promiſe could make it: And it were to wrong his Majeſty, to ſay he deſired any promiſe to take away that, which his Majeſty commends ſo much in the large Treaty, Scotlands deſire of Unity in Religion and Uniformity in Church-Government, as a ſpecial means for conſerving of peace betwixt the two Kingdoms; neither did Scotland at all joyn with any Army in England in League and Covenant, but with the two Houſes of Parliament.

5. I neither did burn, nor give Order to burn the houſe of Menſtre, though I had great provocations to it, the day before Menſtre was burnt, the whole houſes of two Pariſhes, whereof I was only Superior was burnt, and many poor Families put to extream neceſſity by it: And a Son of the Earl of Sterling, who had Menſtre in poſſeſſion, by compriſing did concur with the actors of ſo cruel a fact, to poor people that were not wronging them at all; himſelf and his father before him, not only holding the ſame of me, but in effect without money: and my Father gave them the Land; and when many years p. 3few duties had run on, I my ſelf diſcharged that Lady of the ſame, amounting to a conſiderable ſumm; ſo far do I abhor to be ungrate, though I have often met with ſuch dealing; howſoever the 30. Act, 1647. for liberating the good ſubjects from the purſuit and actions of the Rebels Civil or Criminal would ſuffice.

6. This is anſwered formerly and it is a moſt unjuſt calumny.

7. There are three or four things in this article, 1. Concerning the men in Loathhead and Dunavarty. 2. An old man begging his ſons life denied. 3. Sending 200 men from Yla to ſterve in Jura. 4 The carrying of Col. Mc. Gilleſpie from Lieth rode, being brought there by order of Committee of Parliament. To theſe I deſire it may be known, that in May or June 1646. his Majeſty ſent orders to Alexander Mac Donald and all under him, to lay down Arms; of the which number theſe men in Kintyre were a part, who continued in arms contrary to his Majeſties order. Next, I deſire it may be known, they were lying under engagements not to have joyned with Alexander Mac Donald, notwithſtanding all which they were in arms fighting againſt David Lefly and his party; yea, after Alexander was beaten they refuſed to come to him, when other Countreymen did; and went to the houſe of Lochhead and Dunabarty, out of which David Leſlie took them without any capitulation, and diſpoſed of them as the Council of Warre thought fit, which the Defendare cannot be charged with. For the ſecond, of the old mans requeſt for his Son, he never heard of any ſuch thing before he ſaw this Libel, ſo he conceives it to be a fiction; and juſt ſo of the third, for the Defendare was never in Yla nor Jura, but with David Leſly, and he does not remember any colour for ſuch a diſcourſe. For the 4th. of Col. Kittacks bringing to Leith Road by order of either Committee or Parliament, is a meer fiction, he was taken priſoner in Yla, by the party under David Leſly, and delivered to me; and I put him aboard of Captain Browns ſhip, who undertook to deliver him at Dunſtaffage, but Captain Brown not being willing to loſe the opportunity of a fair wind, did not go to Dunſtaſſage, but went ſtreight to Leith Road, and immediately gave me notice, he had my priſoner aboard, whom I received from him and ſent to Dunſtaſſage; Captain Brown I think lives at Weymes, p. 4who can declare this. One thing I ſhall add in general, that I thank the Lord by his grace helping me, I never took any mans life, but what was done in conflict or by order of Law for notorious crimes according to ſtanding acts of Parliament.

8. It is well known I was in Ireland by Commiſſion for the getting aſſiſtance of the Scots Army againſt thoſe in arms in Scotland when his Majeſty come to the Army before Newark, ſo that his Majeſties Declarations anent his Majeſties gracious intention and reſolution in coming to the Scots Army, was ſent both to the Committee of Eſtates of Scotland, and to the two Houſes of the Parliament of England before I come to Newcaſtle his Majeſties Declarations were all recorded in the Committee Books, and Printed, that his Majeſty come not with any intention to continue that unnatural Warr any longer, or to make any diviſion betwixt the Kingdoms, but to comply with his Parliaments, and theſe intruſted by him in every thing for ſetling Truth and Peace: And that he would apply himſelf totally to the Councils and advices of his Parliaments, upon which the Committee of the Parliament of Scotland, and the General Officers of the Scots Army declared to his Majeſty himſelf, and the two Houſes of the Parliament of England their receiving his Majeſty was upon theſe terms: All this was done before the Defender come to Newcaſtle, after his Majeſties coming there to the Scots army: In this article theſe whom his Royal Majeſty who then was, and his gracious Majeſty who now is, calls his Parliaments, are called a Factious party, and the Defender the Ring-leader. It is ſaid in this article, that I went to London, but omits to tell, by his Majeſties & Commiſſioners order at Newcaſtle as one of the Commiſſioners; and only carried Inſtructions to the reſt of the Commiſſioners at London, for haſtning the Propoſitions: And likewiſe from his Majeſty was commanded to take the advice of the Duke of Richmond and Marquiſs of Hartford anent what might concern his Majeſty; and particularly, if it was adviſeable that the Scots Army ſhould declare for his Majeſty, wherein they told me, and conjured me to tell it to his Majeſty, that it was the only way at preſent inevitably to ruine his Majeſty, and deſired me to ſhew it to his Majeſty in theſe terms▪ that himſelf knew, neither the Nobility nor Gentry of England, who p. 5attended his Majeſty at Oxford, deſired him altogether to prevail over his Parliament by his Sword, much leſs would they indure the Scots Army to do it, that would make all England as one man againſt his Majeſty. Therefore deſired his Majeſty might by any means give way to the Propoſitions, no other being left, which could be of advantage to his Majeſty; this very advice he delivered to his Majeſty at Newcaſtle, and told the ſame to his Majeſty, who now is, when he was in Scotland, and intreated the Lieutenant of the Tower of London, to propoſe for me that the Marquiſs of Hartford then living might be examined in this, but he put it off from time to time, becauſe of other great affairs in hand. It muſt likewiſe here be remembred that at that time the two Houſes of the Parliament of England was ſitting fully and freely, and neither Independant nor Sectaries were able to carry one vote in the houſes: And that the Houſes declared fully their reſolution for maintenance of his Majeſties perſon and authority; and ſuch of them who attended his Majeſty moſt, were moſt for the disbanding of the Scots Army, and his Majeſties ſtaying in England. Next obſerve this Article, that it is a great miſtake that any thing done at London, concerning leaving the King in England, when the Defendare was at London, that alledgeance of a Diſcourſe of mine in the Committee of both Kingdoms muſt be likewiſe forged; for as is ſaid there was nothing moved at that time concerning his Majeſties perſon, but meerly for the Army, and what concerned their ſatisfaction; ſo that I think the Army, at leaſt to my knowledge, emitted no ſuch Declaration. And though they had done it, I may ſay, I was never at any of their Conſultations, let them anſwer for their own deeds. And to what the Parliament did, no man was ever yet made anſwer for ſuch things, eſpecially where the lawfull King hath approved the Parliament as a lawfull Parliament: no ſucceeding King will ever queſtion his Predeceſſors acts, much leſs can a King in honour queſtion any man for acting in a Parliament, which himſelf hath approved. And of ſuch nature are the moſt part in this Libel; yea all of them except words before 1651. ſo I may ſay without offence, it were more for his Majeſties honour and this Kingdom to think on a Declaration vindicating the Parliament of Scotland from ſuch acts, then ſo unjuſtly to lay ſuch foul things on them, and call them a factious party.

p. 69. It is to be obſerved, that the meeting of Parliament, 1648. is called the Eſtates of Parliament, met by his Majeſties ſpecial authority, and it was ſo indeed, being one of the Seſſions of Parliament, 1644. And in the firſt place there is a great miſtake; for no propoſition was made after the Vote of Parliament, the Proteſtation it ſelf will clear this as is ſaid in the former Libel. I did not come to wait upon the Committee of Eſtates after Preſton, but being called, and of neceſſity conſidering the times; neither went I unſent to Mordington, neither did the Invader Cromwel bring his Army into Scotland, only that he reſolving to propoſe ſome things to the Committee, which the Books will clear he brought a ſmall party with him to Lothian, and the ſtopping him from bringing in his army, and that he did not require pledges and the Strengths of the Kingdom, was thought a mercy at that time both to thoſe who returned out of England, and all the Nation, the Margine doubtleſs in one branch is miſtaken, at leaſt as to me, no man can ſay he heard me; and neither his ſayings nor doings was juſtifiable; for the truth is, he declared always he would not remove untill he had Berwick; and the Informers may imagine that was in my power, and he did remove: and when that was done, what Inſtructions were ſent to, or with Sir John Cheefly were neither of my Dyting or Writing.

10. Being well known how active and inſtrumentall the Defendare was in every thing concerning his Majeſties Reſtitution to his Crowns and Royall authority, this Clauſe or Article is purpoſely for ſoyling his faithfull Service, but his Majeſty both knows and hath acknowledged the contrary of this by Word and Write. And for what concerns the Marquiſs of Montroſſe his death, I neither Conſulted nor Voted in the manner nor matter of it, though it was done in Parliament. The next point in this Article is correſponding with Cromwell after his Majeſty come to Scotland, which is moſt falſe; the like was ſaid and recanted by Hamilton, who was a Spy, and ſo was hanged at Sterling.

p. 9For any Declaration at the Weſt-kirk, I had no hand in it by word writ nor meſſage, but on the contrary I did deal with ſome Miniſters who came from the Commiſſion of the Kirk, to forbear preſſing of his Majeſty; and where ſome of his Majeſties Bed-chamber deſired that I might deal with his Majeſty to ſign it, I told them I could not well preſſe the King to a thing he ſaid was ſo contrary to his Conſcience, ſeeing it reflected as he thought on his Royal Father; but to ſpeak to the King I would not refuſe, and if the King had done for a deſire, I know no crime in it.

11. There are ſome things in this note in the former Libel, as joyning with Colonel Twiſleton in his March up Lochlomount, he knows and I hope will not deny, that before I went with him, he told me that one Wakmſha was with him, whether from the Earle of Glencairn himſelf or from General Monk concerning him, I do not remember; but he ſaid the Earle of Glencairnes buſineſs was as good as ended, and except I went with him, I could not but miſs General Monk, who had ſent for me, who was upon March, but that he was to meet with him, or hear certainly from him the day he was going, and all things did fall out accordingly, and being under a Capitulation, I did not know why I might not be in their company, being reſolved never to joyn with them in any action.

As for having a company of Foot under their pay, it is a miſtake; the Shire of Argyl truſted me with a Watch for the Shire of Argyl, which is moſt ordinarily in all places of the High-lands in broken times, I made it known to General Monk, the poor Country not being yet well planted after the burning, could not be able to pay Ceſs and entertain the watch; he was pleaſed to promiſe once help for 100. men, but I hope his grace will not ſay that ever he required any engagement of them as Soldiers, nor ever imployed he them at all, but becauſe they did not oppoſe my Son, he would not continue his aſſiſtance to the Shire any longer, and ſpoke againſt me what his grace pleaſed for my diſſatifaction to the Engliſh.

And for exchanging priſoners it is a miſtake, two men who had been in Roſeneth, whereof I have charge, come from thence, ſhortly after my boat in the twi-light, going up Clyde to ſee General Monk whom I had never ſeen before, I ſtaid for them, thinking it had been ſome poor men flying from abuſes, but p. 10aboard, they alleadged they were men belonging to the Earl Glencairn, which I doubted; however I chid them for coming that way, and for abuſing the Country where they com, I told them I would only leave them at Dumbartan until▪ I returned from Kilſyth where General Monk was, and in the mean time, that they might not ſuffer any thing, deſired they might deliver any Arms or Moneys they had to a ſervant of mine, and all ſhould be ſafely returned, as it was done at my return; and that they might not go as by way of any exchange, I would not ſuffer them …o be enrolled by Captain Thomſon, who was exchangeing ſome priſoners at my return, but got them from him and ſent them back without any Capitulation or exchange, though ſome men, I have forgotten who it was about that time, took out of Dumbarton ſome of my boat-men and returned them to me without any treaty or Capitulation for that effect, becauſe its ſaid the Earl of Glencarn and Middleton were commiſſioned by his Majeſty; I can ſay truly I never knew it, neither did any of their honours, ſo much as by word, writ or meſſage intimate ſo much to me, If they had, I am confident I had ſatisfied them concerning my Car…age; … becauſe of this, though there was ſome hazzard in it to me, I did deſire to meet with his grace the Earl of Midleton in the Hills, but I got no anſwer, whether the meſſenger dealt faithfully I know not, but I believe his grace knew ſo much▪ and the neceſſary reaſons I gave for the unſeaſonableneſs of that ſti…ning, all which I am ready yet to declare, which doubtles will ſatisfie any.

As for my taking upon me to bring off any, it is certain a miſtake, for the perſon mentioned John Mac-dowgal of Dow…olleith was not at all engaged in that ſervice, when the Earle of Glencarns and Midleton was in the fields.

A Short Anſwer to the Libel and Dittay given in upon the 28. day of Jannuary.

Before I ſay any thing particularly, I muſt difference all can be ſaid againſt me, firſt in theſe heads and that is before his Majeſties going out of Scotland, 1651. and ſince the Cromwel killed and took poſſeſſion, until his Majeſties happy return, in Anno, 1660.

p. 11Theſe again which were acted before his Majeſty left Scotland in Anno 1651. of Publique concernment. 2. Of private relating to particular perſons; Now for theſe things wherein I was an actor in relation to the publique concernments, I never acted without the approbation of Parliament & General Aſſemblies ratified by his Majeſties Royal Father and himſelf.

And ſo the ſecond relating to particular perſons I never had acceſſion to any thing but what is warranted by Act of Parliament approven by his Majeſty and his Royal Predeceſſors, for my acting, after his Majeſty left Scotland, 1651. until his Majeſties happy return 160…. I was ſtill a priſoner on demand, and had no agreement nor Capitulation with the Engliſh after his Majeſty went, until Auguſt 1652. being long after the deputies had taken the tender, and were gone to London, and all others in Armes had Capitulate, and that all the reſt in Scotland were living peaceably at their own houſes except my kinſ-men and vaſſels in Argyle Shire, and the invaders in full poſſeſſion of the power and Government, and never did then Capitluate but out of neceſſity.

An Anſwer to the particular Articles of the Libel.

1. The Commiſſioners for Conſervation of the peace▪ ſtabliſhed by his Majeſtie in the Parliament 1641. were to look to the keeping of the Articles of the large treaty, whereof the endevours to procure an uniformity in Religion was one, and that Monttoſſe and others cenſured by Parliament ſhould not have acceſſe to his Majeſtie; And when theſe Commiſſioners found theſe things ſlighted and themſelves unequal for ſuch a burden, they met with the Privy Counſel▪ and they both with the Committee of Comon burdens, and all of them together invited a Convention of Eſtates, and what they did anent their application to his Majeſty and their deſire of ſetling differences betwixt him and his people, and the League and Covenant is ſet down particularly in the Ratification of Parliament, 1644. which Parliament was called and convened by his Majeſties ſpecial authority, and which the ſaid Parliament was never diſclaimed but owned by his late Royal Majeſty, and is the foundation of all that followed even of the Parliament 1644. which is not only approven by his Majeſty, but by it his p. 12Majeſty was called home and Crowned, and from it the laſt Committee which met (before this Parliament) had then power; ſo all that was done 164…. is fully ratified by his Majeſty in Parliament.

2. For this it was done in publique Parliament where all the ſame members who ſat 1648. were preſent, and it is likewiſe Ratified by his Majeſty, and it was conceived inevitable and beſt for his Majeſty as matters ſtood for the time being, the leaſt of two evils, and no man then imagined his Majeſties perſon nor Government in any hazzard.

3. No Proteſtation 1648. againſt any Act of Parliament, the Proteſtation it ſelf will witneſs, and it was before the Vote in Parliament, the difference then may be mentioned, for it was not as it is reported Commonly.

4. The defender was preſuing no forces, but coming to meet with the Committee 1648 after the defeat at Preſton, being to conſult what was beſt, fearing no harm (being at Sterling) was invaded by George Monro and others, and ſome of his friends who were with him were killed, and others taken Priſoners.

5. There was no invitation, ſo far as the defender knows at all to Oliver Cromwel to come into Scotland, but on the contrary, an earneſt endeavour was to keep him out by fairneſs, which could not be done by force, as the Acts of Committee & treaty at Sterling can ſhew; And for Cromwels viſiting of Edinburgh and Edinbrough Caſtle, and of viſiting of him in it, the defender was no keepers of the ſaid Caſtle.

6. The defender acknowledges his Oath, & he did not deſert either his Majeſty or his Army, but his ſtay behind his Majeſty in Sterling, was by his Majſties own allowance, becauſe of his wifes dangerous ſickneſs.

7. The Defenders Capitulation is not as Libelled, for he agreed not to the Government, though he agreed to live peaceably under the Parliament, of the Common-wealth of England, and mention not without King and Houſe of Lords, which he particularly refuſed, as the Paper which he was preſt to ſign-yet extant can ſhew; And never yeilded to the ſame Articles which he ſigned, while he was a priſoner in the hand, and at ſuch a time when he could not make any eſcape, being heavily diſeaſed, as Dr. Cunningham and many others knows, who p. 13were with him the ſame time, it being as in the Preface, in Auguſt 1652.

8. He was hardly able to come out of his Chamber when the Forces went out of Argyle ſhire, ſo he was not preſent, but I think hardly could 200. or 300 men ſtop the paſſing of two ſtrong Regiments of Foot, Overton and Read, and about 300 Horſe commanded by Blackmone; when that year all his Hills and Bogs were as paſſible as the beſt High-wayes in that Countrey; and though the Defender had done it, it was but according to his Articles, which he could not then alter, and ſure no man can think it a crime.

9. The Defender did not accept any Commiſſion at that time, but refuſed to be in the Parliament, and was reſolved to forbear ſtill, if neceſſ…y had not compelled him afterward.

10. Did ſell ſome Cannon to Dean, when he told him he would not ſuffer him to keep them.

11. There is a miſtake, or call it what you will, in this Article, for Col. Cobbet had ended his expedition when ſome of his ſhips were broken in Mull, one Company went by land and was not ſo much as challenged; And if the Defender had not given ſome way to go through the Country, it would have been accounted a breach of Articles, or if he had ſtaid upon free quarter in the Country, until he had ſent to Air for new proviſion, it would have ruined that part of the Country, for it was not ſo much want of ſhipping, as proviſion, made him go the Land way; And if I had betrayed him, I know no man could like a Traytor, howbeit they had liked the treachery, neither was Glencarn in the fields, nor the Earl of Middleton in Scotland at that time, nor had any man Commiſſion from his, Majeſty, for any thing he knows.

12. It is a general onelyonly, ſo it cannot but have a general anſwer, that is, moſt falſe.

13. This Article is miſtaken, it was at proclaiming Oliver that I was as preſent, being occaſionally in Town, I was commanded by General Monck to wait on the Council, before I knew any intention of ſuch a Proclamation.

14. This Article is miſtaken alſo, I was deſired by Aberdeen-ſhire, to go for them to London in Richards time, I had refuſed likewiſe to go then, as I had in Olivers time, if I had not been driven by neceſſity to it out of reſpect to Religion, my native p. 14Countrey, and to preſerve my ſelf from utter ruine, not without hopes but ſome…hing might have been thought upon for his Majeſty, becauſe of the freedom of Elections in England, and as nothing was ſo much as mentioned at that time to his Majeſties diſadvantage; ſo the breach was there made, by which his Majeſty entered by the Lords bleſſing there-after, this I told to ſeverals was moſt probable when I come back to Scotland, my endeavour to ſtop the Act of Union, until three things were firſt or joyntly done, ſh…ws my reſolution for my Religion and Country; …he three things were that our Laws and Judicatories might ſtand until they ſhould be altered by common conſent. 2. That our Religion in Doctrine, Worſhip, and Diſcipline, might ſtand according to the Covenant. 3. That the Aſſeſſ: of Scotland might be made proportionable with England. I did to ſeverals declare, the union could not be without theſe, and I was told likewiſe, that theſe would never be granted; my own neceſſity was to get off a moſt unjuſt decreat of great ſums laid upon me, by that called the Exchequer in Scotland, which was impoſſible for me to pay, this I ſhall make clearly to appear; And beſide all this, my going was not until the invaders had been paſt ſeven years in poſſeſſion by conſent, and that all the Lawyers did plead their authority and Ordinances as Laws.

15. It was well known I was hard preſt to accept that, and did it never▪ until the poor people in whom I was nearly concern'd, were in great difficulties for want of juſtice, and I would not then embrace it, but with a proteſtation, though it was long after the invaders poſſeſſion, and that there was no other viſible power nor authority.

16. I can ſay nothing to this, but it is a moſt falſe Calumny ſay it who will, and I hope when it comes to be particular in the circumſtances it will appear to be ſo, for ever when the Engliſh were at Inveraray, the Pariſh Miniſter Mr. Alexander Gordonn my own Chaplain, in his family prayed conſtantly for his Majeſty, and my ſelf in company did alwaies pray for ſuch whom we were engaged to, by either natural, civil, or Chriſtian bonds.

17. I can ſay to this as to the former, and that it cannot be true, becauſe that brake out onelyonly upon the Earl of Calenders marching to the Well, whereof it is not ſaid he was privy, p. 15and though it were true, all that buſineſſe is approven in Parliament, ratified by his Majeſty.

18. This is a great miſtake, I had no ſuch precept, but I had by Act of Parliament of Scotland, the half of Exciſe of wines and Strong-waters in Scotland for payment to me, for a great ſum laid out by me for the Iriſh Army, and by my Articles I was to enjoy my liberty, and theſe debts due to me; and when I craved performance of my Articles 1657. the Protector would not let me have the Exciſe, but onelyonly ſo much yearly out of it, until I were ſatisfied, wherein I had not what I ought, ſo far was it from favour.

19. I did never correſpond with Richard Cromwel, nor Fleetwood, except in order to my own affairs, nor with Sir Archbuld Johnſton, either to the prejudice of King or Country, nor to my memory at all after the Committee of Safety …ee.

20 21 22 23 24 25. To all theſe anſwers, Arch Kinglas▪ had his Commiſſion as Colonel from the Parliament, or Committee and not from him, and if he purſued Lamond doubtleſſe it was as a Rebel at that time to the Eſtate of the Kingdom, according t… Act and Declaration of Parliament, approved of by his Majeſty, and his Royal Father, and Predeceſſors; ſo what Ard. Kinlas or any other did to Lamond, let them anſwer for what they did unwarrantably, it cannot reflect on him, but he hopes they will clear themſelves.

26 The Defendor was is England when Lamond was brought out of his houſe, and knew nothing of the buſineſs, until he received letters ſhewing what had paſt, and that Lamond had refuſed to return Alexander Mac-Donald, according to his capitulation, chuſing rather to remain a priſoner with the defender, the paper it ſelf may be found if he deny, whereupon he was detained priſoner, having no ſecurity to give; and having ſo often ſworn and promiſed and after failed, which will be ſhewen under his hand, and having murthered ſo many people, men women and children ſeverals of them after quarter given, beſide the burning of many Gentlemen, his neighbours houſes, and deſtroying their goods and their lands, and going in to Alexander Mac-Dona…d, notwithſtanding he was in ſervice againſt him with the defender, not having fairly exonered himſelf; This can be all clearly inſtructed, and if this was not cauſe to keep him a priſoner, let any judge.

p. 1627. He know not nor remembers not any ſuch things, ſo it is but forged againſt him.

28 He cauſed no ſuch thing, it was a thing done for his own entertainment, and the defender being to ſecure Lamond for ſome juſt debts due to himſelf, the Captain of Dunſtaffage deſired his bond likewiſe to be purſued in the defenders name, which the Geutleman himſelf can ſhew.

29. The Marqueſs is in poſſeſſion of none of their Lands to his knowledge, if he were, it is a legal civil proceſſe.

30 He never knew any ſuch thing.

31 32 33 34 35 36 37 38 39 40 41 42 43 44 To all theſe let every man anſwer as he is concerned, as he hopes they will clear ſo, but this he muſt ſay for himſelf and his depute, That it cannot be ſaid, they murthered any of theſe men with their own hands, neither did they judge any man to die by the hand of Juſtice, but ſuch who were notoriouſly guilty according to ſtanding Laws, and no man can juſtly ſay any man was ever proceſſed before them who had received any Articles, though it was never conceived by any Judicatory in Scotland that any man taking a Rebel could pardon him, except the perſon doer of it had particular warrant for that effect, otherwiſe the Committee after Philliphauge had been much to blame for ordaining ſo many to be proceſſed, at which Committee were the ſentencing of ſuch who died at Glaſgow ſhortly thereafter, the Defender was not preſent.

This Anſwer was drawn upon the firſt receit of the Libel, but a more full anſwer may be expected after he hath conſulted with his Advocate.

FINIS.

End of the text · Archibald Argyll, Answer to the Charge Sent Him in the Castle of Edinburgh (1661)