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<NAME>Pip Willcox</NAME>
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<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>THE
Marque&s;s of Argile
HIS
ANSWER
TO HIS
CHARGE
Sent unto Him in the
<HI>CASTLE of EDINB&V;RGH,</HI>
The 28. of <HI>January.</HI></P>
<P>Printed in the Year, 1661.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 N="libel" TYPE="answer">
<PB REF="2">
<PB N="1" REF="2">
<HEAD>A Preface to &s;ome generall things con|cerning
this LIBEL.</HEAD>
<P>I. IT may appear to any to be framed meerly out of malice,
becau&s;e it takes in all things (either alledged, &s;poken,
or done) &s;ince the year of God, 1638. notwith&s;tanding
his Maje&s;ties Royal Fathers, and his own acts of Oblivion and
Approbation.</P>
<P>II. Becau&s;e it does not &s;o much as alledge any rea&s;on or mo|tive
for any thing hath been done, nor any end why, or to
which any did drive, and &s;o making any man who was inga|ged
more malicious then the Devil, and more unrea&s;onable
then brute Bea&s;ts.</P>
<P>III. It repeats all that hath been done by Kirk or Kingdom,
to be the Marqui&s;s of <HI>Argyles</HI> deeds, though he neither was at
the beginning of the bu&s;ine&s;s, nor very many of the particu|lars
mentioned, as the narration of his carriage can &s;hew, he
&s;hew both the rea&s;ons and ends of his doing all he did, being
meerly for Religion, King and Kingdom, according to the Co|venant,
never pre&s;&s;ing any thing earne&s;tly, but for the Cove|nant,
nor oppo&s;ing, but when it was refu&s;ed.</P>
<P>1. Mr. <HI>Jobn Stewarts</HI> Proce&s;s will clear much of the fal&s;hood
of this point; for though &s;uch a di&s;cour&s;e had been, it was but
narratively of a debate, which was before the fitting of the
Parliament, 1640. Wherein Mr. <HI>Alexander Hender&s;on</HI> u&s;ed
tho&s;e very words, though nothing to his Maje&s;ties di&s;advantage,
and whether I related that debate, no mans memory can be
charged with &s;uch a thing, after &s;o long a time, and a clear
Act of Oblivion of his Maje&s;ties Royal Father 1641.</P>
<P>2. This is a great mi&s;take, when the Defender came to the
hou&s;e of <HI>Airly, Montro&s;s</HI> had put a garri&s;on in it for the u&s;e of
the Country, and when I come there with the Countreys Or|der,
<HI>Sibbald</HI> who was in it, upon &s;ight of my Commi&s;&s;ion did
pre&s;ently leave it; and the Earl of <HI>Airlies</HI> own friends knows,
except what Bu&s;hes were cut for Hutting to Souldiers, I had no
u&s;e to cut the Planting; and my &s;tay there a few days was,
<PB N="2" REF="3">
expecting the Lord <HI>Ogilby,</HI> who&s;e Friends were gone to him for
that purpo&s;e, and the &s;lighting of the hou&s;e was then a favour,
his order being more &s;trict, and I believe his Friends or Te|nants
had no lo&s;s to my knowledge: As for burning the hou&s;e
further in <HI>Glenyla,</HI> the Defend<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">r knew nothing of it at all,
until &s;ome days after it was done; and how&s;oever, it was in|cluded
in the Act of Oblivion, 1641.</P>
<P>3. Some men indeed, named under my Command, lay at
<HI>Dumbartan</HI> by order of Committee and Parliament, whereby
that Garri&s;on was loth to come abroad, and &s;o many of them
fell &s;ick; whereupon Sir <HI>John Hender&s;on</HI> &s;ent for me, that I
might come to the Ca&s;tle and receive it from him upon hono|rable
terms, which I did, and &s;uffered him to make his own Ar|ticles,
for matter of honour: And I tran<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ported none of the
Canon, but when his Maje&s;ty was in <HI>Scotland,</HI> 1641. the Duke
of <HI>Richmond</HI> did give the Defender two Canon, this is known
to many; this bu&s;ine&s;s is likewi&s;e before the Act of Oblivi|on,
1641.</P>
<P>4. This is an&s;wered formerly, there is added a promi&s;e of
mine, which needed not been mentioned, for I acknowledge
my many obligations to his Maje&s;ty as &s;trong as that promi&s;e
could make it: And it were to wrong his Maje&s;ty, to &s;ay he
de&s;ired any promi&s;e to take away that, which his Maje&s;ty com|mends
&s;o much in the large Treaty, <HI>Scotlands</HI> de&s;ire of Unity
in Religion and Uniformity in Church-Government, as a &s;pe|cial
means for con&s;erving of peace betwixt the two Kingdoms;
neither did <HI>Scotland</HI> at all joyn with any Army in <HI>England</HI> in
League and Covenant, but with the two Hou&s;es of Parlia|ment.</P>
<P>5. I neither did burn, nor give Order to burn the hou&s;e of
<HI>Men&s;tre,</HI> though I had great provocations to it, the day before
<HI>Men&s;tre</HI> was burnt, the whole hou&s;es of two Pari&s;hes, whereof
I was only Superior was burnt, and many poor Families put to
extream nece&s;&s;ity by it: And a Son of the Earl of <HI>Sterling,</HI>
who had <HI>Men&s;tre</HI> in po&s;&s;e&s;&s;ion, by compri&s;ing did concur with
the actors of &s;o cruel a fact, to poor people that were not
wronging them at all; him&s;elf and his father before him, not
only holding the &s;ame of me, but in effect without money:
and my Father gave them the Land; and when many years
<PB N="3" REF="3">
few duties had run on, I my &s;elf di&s;charged that Lady of the &s;ame,
amounting to a con&s;iderable &s;umm; &s;o far do I abhor to be un|grate,
though I have often met with &s;uch dealing; how&s;oever the
30. Act, 1647. for liberating the good &s;ubjects from the pur&s;uit
and actions of the Rebels Civil or Criminal would &s;uffice.</P>
<P>6. This is an&s;wered formerly and it is a mo&s;t unju&s;t calumny.</P>
<P>7. There are three or four things in this article, 1. <HI>Concerning
the men in</HI> Loathhead <HI>and</HI> Dunavarty. 2. <HI>An old man begging his
&s;ons life denied. 3. Sending 200 men from</HI> Yla <HI>to &s;terve in</HI> Jura. 4 <HI>The
carrying of Col.</HI> Mc. Gille&s;pie <HI>from</HI> Lieth <HI>rode, being brought there
by order of Committee of Parliament.</HI> To the&s;e I de&s;ire it may be
known, that in <HI>May</HI> or <HI>June</HI> 1646. his Maje&s;ty &s;ent orders to <HI>Alex|ander
Mac Donald</HI> and all under him, to lay down Arms; of the
which number the&s;e men in <HI>Kintyre</HI> were a part, who continued
in arms contrary to his Maje&s;ties order. Next, I de&s;ire it may be
known, they were lying under engagements not to have joyned
with <HI>Alexander Mac Donald,</HI> notwith&s;tanding all which they were
in arms fighting again&s;t <HI>David Lefly</HI> and his party; yea, after <HI>Alex|ander</HI>
was beaten they refu&s;ed to come to him, when other
Countreymen did; and went to the hou&s;e of <HI>Lochhead</HI> and <HI>Duna|barty,</HI>
out of which <HI>David Le&s;lie</HI> took them without any capitula|tion,
and di&s;po&s;ed of them as the Council of Warre thought fit,
which the Defendare cannot be charged with. For the &s;econd, of
the old mans reque&s;t for his Son, he never heard of any &s;uch thing
before he &s;aw this Libel, &s;o he conceives it to be a fiction; and ju&s;t
&s;o of the third, for the Defendare was never in <HI>Yla</HI> nor <HI>Jura,</HI> but
with <HI>David Le&s;ly,</HI> and he does not remember any colour for &s;uch a
di&s;cour&s;e. For the 4th. of Col. <HI>Kittacks</HI> bringing to <HI>Leith</HI> Road by
order of either Committee or Parliament, is a meer fiction, he was ta|ken
pri&s;oner in <HI>Yla,</HI> by the party under <HI>David Le&s;ly,</HI> and delivered
to me; and I put him aboard of Captain <HI>Browns</HI> &s;hip, who under|took
to deliver him at <HI>Dun&s;taffage,</HI> but Captain <HI>Brown</HI> not being
willing to lo&s;e the opportunity of a fair wind, did not go to <HI>Dun|&s;ta&s;&s;age,</HI>
but went &s;treight to <HI>Leith</HI> Road, and immediately gave
me notice, he had my pri&s;oner aboard, whom I received from him
and &s;ent to <HI>Dun&s;ta&s;&s;age;</HI> Captain <HI>Brown</HI> I think lives at <HI>Weymes,</HI>
<PB N="4" REF="4">
who can declare this. One thing I &s;hall 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 &s;tanding acts of Parliament.</P>
<P>8. It is well known I was in <HI>Ireland</HI> by Commi&s;&s;ion for the get|ting
a&s;&s;i&s;tance of the Scots Army again&s;t tho&s;e in arms in <HI>Scotland</HI>
when his Maje&s;ty come to the Army before <HI>Newark,</HI> &s;o that his
Maje&s;ties Declarations anent his Maje&s;ties gracious intention and
re&s;olution in coming to the Scots Army, was &s;ent both to the Com|mittee
of E&s;tates of <HI>Scotland,</HI> and to the two Hou&s;es of the Parlia|ment
of <HI>England</HI> before I come to <HI>Newca&s;tle</HI> his Maje&s;ties Decla|rations
were all recorded in the Committee Books, and Printed,
that his Maje&s;ty come not with any intention to continue that un|natural
Warr any longer, or to make any divi&s;ion betwixt the
Kingdoms, but to comply with his Parliaments, and the&s;e intru&s;ted
by him in every thing for &s;etling Truth and Peace: And that he
would apply him&s;elf totally to the Councils and advices of his Par|liaments,
upon which the Committee of the Parliament of <HI>Scot|land,</HI>
and the General Officers of the <HI>Scots</HI> Army declared to his
Maje&s;ty him&s;elf, and the two Hou&s;es of the Parliament of <HI>England</HI>
their receiving his Maje&s;ty was upon the&s;e terms: All this was
done before the Defender come to <HI>Newca&s;tle,</HI> after his Maje&s;ties
coming there to the <HI>Scots</HI> army: In this article the&s;e whom his
Royal Maje&s;ty who then was, and his gracious Maje&s;ty who now is,
calls his Parliaments, are called a Factious party, and the Defen|der
the Ring-leader. It is &s;aid in this article, that I went to <HI>London,</HI>
but omits to tell, by his Maje&s;ties &amp; Commi&s;&s;ioners order at <HI>New|ca&s;tle</HI>
as one of the Commi&s;&s;ioners; and only carried In&s;tructions
to the re&s;t of the Commi&s;&s;ioners at <HI>London,</HI> for ha&s;tning the Pro|po&s;itions:
And likewi&s;e from his Maje&s;ty was commanded to take
the advice of the Duke of <HI>Richmond</HI> and Marqui&s;s of <HI>Hartford</HI> a|nent
what might concern his Maje&s;ty; and particularly, if it was
advi&s;eable that the Scots Army &s;hould declare for his Maje&s;ty,
wherein they told me, and conjured me to tell it to his Maje&s;ty,
that it was the only way at pre&s;ent inevitably to ruine his Ma|je&s;ty,
and de&s;ired me to &s;hew it to his Maje&s;ty in the&s;e terms&punc; that
him&s;elf knew, neither the Nobility nor Gentry of <HI>England,</HI> who
<PB N="5" REF="4">
attended his Maje&s;ty at <HI>Oxford,</HI> de&s;ired him altogether to prevail
over his Parliament by his Sword, much le&s;s would they in|dure
the Scots Army to do it, that would make all <HI>England</HI> as
one man again&s;t his Maje&s;ty. Therefore de&s;ired his Maje&s;ty might
by any means give way to the Propo&s;itions, no other being left,
which could be of advantage to his Maje&s;ty; this very advice he
delivered to his Maje&s;ty at <HI>Newca&s;tle,</HI> and told the &s;ame to his Ma|je&s;ty,
who now is, when he was in <HI>Scotland,</HI> and intreated the
Lieutenant of the Tower of <HI>London,</HI> to propo&s;e for me that the
Marqui&s;s of <HI>Hartford</HI> then living might be examined in this, but
he put it off from time to time, becau&s;e of other great affairs in
hand. It mu&s;t likewi&s;e here be remembred that at that time the
two Hou&s;es of the Parliament of <HI>England</HI> was &s;itting fully and
freely, and neither Independant nor Sectaries were able to carry
one vote in the hou&s;es: And that the Hou&s;es declared fully their
re&s;olution for maintenance of his Maje&s;ties per&s;on and authority;
and &s;uch of them who attended his Maje&s;ty mo&s;t, were mo&s;t for
the disbanding of the Scots Army, and his Maje&s;ties &s;taying in
<HI>England.</HI> Next ob&s;erve this Article, that it is a great mi&s;take
that any thing done at <HI>London,</HI> concerning leaving the King in
<HI>England,</HI> when the Defendare was at <HI>London,</HI> that alledgeance
of a Di&s;cour&s;e of mine in the Committee of both Kingdoms mu&s;t
be likewi&s;e forged; for as is &s;aid there was nothing moved at that
time concerning his Maje&s;ties per&s;on, but meerly for the Army,
and what concerned their &s;atisfaction; &s;o that I think the Army,
at lea&s;t to my knowledge, emitted no &s;uch Declaration. And
though they had done it, I may &s;ay, I was never at any of their
Con&s;ultations, let them an&s;wer for their own deeds. And to
what the Parliament did, no man was ever yet made an&s;wer for
&s;uch things, e&s;pecially where the lawfull King hath approved the
Parliament as a lawfull Parliament: no &s;ucceeding <HI>King</HI> will ever
que&s;tion his Predece&s;&s;ors acts, much le&s;s can a <HI>King</HI> in honour
que&s;tion any man for acting in a Parliament, which him&s;elf hath
approved. And of &s;uch nature are the mo&s;t part in this Libel;
yea all of them except words before 1651. &s;o I may &s;ay without
offence, it were more for his Maje&s;ties honour and this Kingdom
to think on a Declaration vindicating the Parliament of <HI>Scotland</HI>
from &s;uch acts, then &s;o unju&s;tly to lay &s;uch foul things on them,
and call them a factious party.</P>
<P><PB N="6" REF="5">
9. It is to be ob&s;erved, that the meeting of Parliament, 1648.
is called the E&s;tates of Parliament, met by his Maje&s;ties &s;pecial
authority, and it was &s;o indeed, being one of the Se&s;&s;ions of Par|liament,
1644. And in the fir&s;t place there is a great mi&s;take; for
no propo&s;ition was made after the Vote of Parliament, the Pro|te&s;tation
it &s;elf will clear this as is &s;aid in the former Libel. I did
not come to wait upon the Committee of E&s;tates after <HI>Pre&s;ton,</HI> but
being called, and of nece&s;&s;ity con&s;idering the times; neither went
I un&s;ent to <HI>Mordington,</HI> neither did the Invader <HI>Cromwel</HI> bring
his Army into <HI>Scotland,</HI> only that he re&s;olving to propo&s;e &s;ome
things to the Committee, which the Books will clear he brought a
&s;mall party with him to <HI>Lothian,</HI> and the &s;topping him from bring|ing
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 tho&s;e who returned out of <HI>England,</HI> and all the Nation,
the Margine doubtle&s;s in one branch is mi&s;taken, at lea&s;t as to me,
no man can &s;ay he heard me; and neither his &s;ayings nor doings
was ju&s;tifiable; for the truth is, he declared always he would not
remove untill he had <HI>Berwick;</HI> and the Informers may imagine
that was in my power, and he did remove: and when that was
done, what In&s;tructions were &s;ent to, or with Sir <HI>John Cheefly</HI>
were neither of my Dyting or Writing.</P>
<P>10. Being well known how active and in&s;trumentall the
Defendare was in every thing concerning his Maje&s;ties Re&s;ti|tution
to his Crowns and Royall authority, this Clau&s;e or
Article is purpo&s;ely for &s;oyling his faithfull Service, but his
Maje&s;ty both knows and hath acknowledged the contrary of
this by Word and Write. And for what concerns the Mar|qui&s;s
of <HI>Montro&s;&s;e</HI> his death, I neither Con&s;ulted nor Voted in
the manner nor matter of it, though it was done in Par|liament.
The next point in this Article is corre&s;ponding with
<HI>Cromwell</HI> after his Maje&s;ty come to <HI>Scotland,</HI> which is mo&s;t
fal&s;e; the like was &s;aid and recanted by <HI>Hamilton,</HI> who was a Spy,
and &s;o was hanged at <HI>Sterling.</HI></P>
<P><PB N="9" REF="5">
For any Declaration at the <HI>We&s;t-kirk,</HI> I had no hand in it by
word writ nor me&s;&s;age, but on the contrary I did deal with
&s;ome Mini&s;ters who came from the Commi&s;&s;ion of the <HI>Kirk,</HI> to
forbear pre&s;&s;ing of his Maje&s;ty; and where &s;ome of his Maje&s;ties
Bed-chamber de&s;ired that I might deal with his Maje&s;ty to
&s;ign it, I told them I could not well pre&s;&s;e the King to a thing
he &s;aid was &s;o contrary to his Con&s;cience, &s;eeing it reflected
as he thought on his Royal Father; but to &s;peak to the King
I would not refu&s;e, and if the King had done for a de&s;ire, I
know no crime in it.</P>
<P>11. There are &s;ome things in this note in the former Libel,
as joyning with Colonel <HI>Twi&s;leton</HI> in his March up <HI>Lochlomount,</HI>
he knows and I hope will not deny, that before I went with
him, he told me that one <HI>Wakm&s;ha</HI> was with him, whether
from the Earle of <HI>Glencairn</HI> him&s;elf or from General <HI>Monk</HI>
concerning him, I do not remember; but he &s;aid the Earle of
<HI>Glencairnes</HI> bu&s;ine&s;s was as good as ended, and except I went
with him, I could not but mi&s;s General <HI>Monk,</HI> who had &s;ent
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 Capitula|tion,
I did not know why I might not be in their company,
being re&s;olved never to joyn with them in any action.</P>
<P>As for having a company of Foot under their pay, it is a
mi&s;take; the Shire of <HI>Argyl</HI> tru&s;ted me with a Watch for the
Shire of <HI>Argyl,</HI> which is mo&s;t ordinarily in all places of the
<HI>High-lands</HI> in broken times, I made it known to General <HI>Monk,</HI>
the poor Country not being yet well planted after the bur|ning,
could not be able to pay Ce&s;s and entertain the watch;
he was plea&s;ed to promi&s;e once help for 100. men, but I hope
his grace will not &s;ay that ever he required any engagement
of them as Soldiers, nor ever imployed he them at all, but
becau&s;e they did not oppo&s;e my Son, he would not continue
his a&s;&s;i&s;tance to the Shire any longer, and &s;poke again&s;t me
what his grace plea&s;ed for my di&s;&s;atifaction to the <HI>Engli&s;h.</HI></P>
<P>And for exchanging pri&s;oners it is a mi&s;take, two men who
had been in <HI>Ro&s;eneth,</HI> whereof I have charge, come from thence,
&s;hortly after my boat in the twi-light, going up <HI>Clyde</HI> to &s;ee
General <HI>Monk</HI> whom I had never &s;een before, I &s;taid for them,
thinking it had been &s;ome poor men flying from abu&s;es, but
<PB N="10" REF="6">
aboard, they alleadged they were men belonging to the Earl
<HI>Glencairn,</HI> which I doubted; however I chid them for com|ing
that way, and for abu&s;ing the Country where they com,
I told them I would only leave them at <HI>Dumbartan</HI> until&punc; <HI>I</HI>
returned from <HI>Kil&s;yth</HI> where General <HI>Monk</HI> was, and in the
mean time, that they might not &s;uffer any thing, de&s;ired they
might deliver any Arms or Moneys they had to a &s;ervant of
mine, and all &s;hould be &s;afely returned, as it was done at my
return; and that they might not go as by way of any ex|change,
I would not &s;uffer them <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">o be enrolled by Captain
<HI>Thom&s;on,</HI> who was exchangeing &s;ome pri&s;oners at my return,
but got them from him and &s;ent them back without any Ca|pitulation
or exchange, though &s;ome men, I have forgotten
who it was about that time, took out of <HI>Dumbarton</HI> &s;ome of
my boat-men and returned them to me without any treaty
or Capitulation for that effect, becau&s;e its &s;aid the Earl of
<HI>Glencarn</HI> and <HI>Middleton</HI> were commi&s;&s;ioned by his Maje&s;ty; I
can &s;ay truly I never knew it, neither did any of their ho|nours,
&s;o much as by word, writ or me&s;&s;age intimate &s;o much
to me, If they had, I am confident I had &s;atisfied them con|cerning
my Car<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">age; <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> becau&s;e of this, though there was
&s;ome hazzard in it to me, I did de&s;ire to meet with his grace
the Earl of <HI>Midleton</HI> in the Hills, but I got no an&s;wer, whether
the me&s;&s;enger dealt faithfully I know not, but I believe his
grace knew &s;o much&punc; and the nece&s;&s;ary rea&s;ons I gave for the
un&s;ea&s;onablene&s;s of that &s;ti<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ning, all which I am ready yet to
declare, which doubtles will &s;atisfie any.</P>
<P>As for my taking upon me to bring off any, it is certain a
mi&s;take, for the per&s;on mentioned <HI>John Mac-dowgal</HI> of <HI>Dow|<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">olleith</HI>
was not at all engaged in that &s;ervice, when the Earle
of <HI>Glencarns</HI> and <HI>Midleton</HI> was in the fields.</P>
<DIV2 N="libel and dittay" TYPE="answer">
<HEAD>A Short An&s;wer to the Libel and Dittay given in upon the
28. day of Jannuary.</HEAD>
<P>Before I &s;ay any thing particularly, I mu&s;t difference all can
be &s;aid again&s;t me, fir&s;t in the&s;e heads and that is before
his Maje&s;ties going out of <HI>Scotland,</HI> 1651. and &s;ince the <HI>Cromwel</HI>
killed and took po&s;&s;e&s;&s;ion, until his Maje&s;ties happy return, in
<HI>Anno,</HI> 1660.</P>
<P><PB N="11" REF="6">
The&s;e again which were acted before his Maje&s;ty left <HI>Scot|land</HI>
in <HI>Anno</HI> 1651. of Publique concernment. 2. Of private
relating to particular per&s;ons; Now for the&s;e things wherein
I was an actor in relation to the publique concernments, I ne|ver
acted without the approbation of Parliament &amp; General
A&s;&s;emblies ratified by his Maje&s;ties Royal Father and him&s;elf.</P>
<P>And &s;o the &s;econd relating to particular per&s;ons I never
had acce&s;&s;ion to any thing but what is warranted by Act of
Parliament approven by his Maje&s;ty and his Royal Predece&s;|&s;ors,
for my acting, after his Maje&s;ty left <HI>Scotland,</HI> 1651. until
his Maje&s;ties happy return 160<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">. I was &s;till a pri&s;oner on de|mand,
and had no agreement nor Capitulation with the
<HI>Engli&s;h</HI> after his Maje&s;ty went, until <HI>Augu&s;t</HI> 1652. being long
after the deputies had taken the tender, and were gone to
<HI>London,</HI> and all others in Armes had Capitulate, and that all
the re&s;t in <HI>Scotland</HI> were living peaceably at their own hou&s;es
except my kin&s;-men and va&s;&s;els in <HI>Argyle Shire,</HI> and the in|vaders
in full po&s;&s;e&s;&s;ion of the power and Government, and
never did then Capitluate but out of nece&s;&s;ity.</P>
</DIV2>
<DIV2 N="articles" TYPE="answer">
<HEAD>An An&s;wer to the particular Articles of the Libel.</HEAD>
<P>1. The Commi&s;&s;ioners for Con&s;ervation of the peace&punc; &s;ta|bli&s;hed
by his Maje&s;tie 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 <HI>Montto&s;&s;e</HI> and others cen&s;ured by Parliament
&s;hould not have acce&s;&s;e to his Maje&s;tie; And when the&s;e
Commi&s;&s;ioners found the&s;e things &s;lighted and them&s;elves
unequal for &s;uch a burden, they met with the Privy
Coun&s;el&punc; and they both with the Committee of Com|on
burdens, and all of them together invited a Conven|tion
of E&s;tates, and what they did anent their applicati|on
to his Maje&s;ty and their de&s;ire of &s;etling differences be|twixt
him and his people, and the League and Covenant is &s;et
down particularly in the Ratification of Parliament, 1644.
which Parliament was called and convened by his Maje&s;ties
&s;pecial authority, and which the &s;aid Parliament was never
di&s;claimed but owned by his late Royal Maje&s;ty, and is the
foundation of all that followed even of the Parliament 1644.
which is not only approven by his Maje&s;ty, but by it his
<PB N="12" REF="7">
Maje&s;ty was called home and Crowned, and from it the la&s;t
Committee which met (before this Parliament) had then
power; &s;o all that was done 164<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">. is fully ratified by his Maje&s;ty
in Parliament.</P>
<P>2. For this it was done in publique Parliament where all
the &s;ame members who &s;at 1648. were pre&s;ent, and it is like|wi&s;e
Ratified by his Maje&s;ty, and it was conceived inevitable
and be&s;t for his Maje&s;ty as matters &s;tood for the time being,
the lea&s;t of two evils, and no man then imagined his Maje&s;ties
per&s;on nor Government in any hazzard.</P>
<P>3. No Prote&s;tation 1648. again&s;t any Act of Parliament, the
Prote&s;tation it &s;elf will witne&s;s, and it was before the Vote in
Parliament, the difference then may be mentioned, for it was
not as it is reported Commonly.</P>
<P>4. The defender was pre&s;uing no forces, but coming to
meet with the Committee 1648 after the defeat at <HI>Pre&s;ton,</HI> be|ing
to con&s;ult what was be&s;t, fearing no harm (being at
<HI>Sterling</HI>) was invaded by <HI>George Monro</HI> and others, and &s;ome
of his friends who were with him were killed, and others
taken Pri&s;oners.</P>
<P>5. There was no invitation, &s;o far as the defender knows at
all to <HI>Oliver Cromwel</HI> to come into <HI>Scotland,</HI> but on the con|trary,
an earne&s;t endeavour was to keep him out by fairne&s;s,
which could not be done by force, as the Acts of Committee &amp;
treaty at <HI>Sterling</HI> can &s;hew; And for <HI>Cromwels</HI> vi&s;iting of
<HI>Edinburgh</HI> and <HI>Edinbrough</HI> Ca&s;tle, and of vi&s;iting of him in it,
the defender was no keepers of the &s;aid Ca&s;tle.</P>
<P>6. The defender acknowledges his Oath, &amp; he did not de&s;ert
either his Maje&s;ty or his Army, but his &s;tay behind his Maje&s;ty
in <HI>Sterling,</HI> was by his Maj&s;ties own allowance, becau&s;e of his
wifes dangerous &s;ickne&s;s.</P>
<P>7. The Defenders Capitulation is not as Libelled, for he a|greed
not to the Government, though he agreed to live peace|ably
under the Parliament, of the Common-wealth of <HI>England,</HI>
and mention not without King and Hou&s;e of Lords, which he
particularly refu&s;ed, as the Paper which he was pre&s;t to &s;ign-yet
extant can &s;hew; And never yeilded to the &s;ame Arti|cles
which he &s;igned, while he was a pri&s;oner in the hand, and
at &s;uch a time when he could not make any e&s;cape, being hea|vily
di&s;ea&s;ed, as Dr. <HI>Cunningham</HI> and many others knows, who
<PB N="13" REF="7">
were with him the &s;ame time, it being as in the Preface, in <HI>Au|gu&s;t</HI>
1652.</P>
<P>8. He was hardly able to come out of his Chamber when the
Forces went out of <HI>Argyle</HI> &s;hire, &s;o he was not pre&s;ent, but I
think hardly could 200. or 300 men &s;top the pa&s;&s;ing of two
&s;trong Regiments of Foot, <HI>Overton</HI> and <HI>Read,</HI> and about 300
Hor&s;e commanded by <HI>Blackmone;</HI> when that year all his Hills
and Bogs were as pa&s;&s;ible as the be&s;t High-wayes in that Coun|trey;
and though the Defender had done it, it was but accord|ing
to his Articles, which he could not then alter, and &s;ure no
man can think it a crime.</P>
<P>9. The Defender did not accept any Commi&s;&s;ion at that time,
but refu&s;ed to be in the Parliament, and was re&s;olved to for|bear
&s;till, if nece&s;&s;<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">y had not compelled him afterward.</P>
<P>10. Did &s;ell &s;ome Cannon to <HI>Dean,</HI> when he told him he
would not &s;uffer him to keep them.</P>
<P>11. There is a mi&s;take, or call it what you will, in this Ar|ticle,
for Col. <HI>Cobbet</HI> had ended his expedition when &s;ome of
his &s;hips were broken in <HI>Mull,</HI> one Company went by land and
was not &s;o much as challenged; And if the Defender had not
given &s;ome way to go through the Country, it would have
been accounted a breach of Articles, or if he had &s;taid upon free
quarter in the Country, until he had &s;ent to <HI>Air</HI> for new pro|vi&s;ion,
it would have ruined that part of the Country, for it
was not &s;o much want of &s;hipping, as provi&s;ion, 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 <HI>Glencarn</HI> in the fields, nor the Earl of <HI>Middleton</HI> in
<HI>Scotland</HI> at that time, nor had any man Commi&s;&s;ion from his,
Maje&s;ty, for any thing he knows.</P>
<P>12. It is a general onely, &s;o it cannot but have a general
an&s;wer, that is, mo&s;t fal&s;e.</P>
<P>13. This Article is mi&s;taken, it was at proclaiming <HI>Oliver</HI> that
I was as pre&s;ent, being occa&s;ionally in Town, I was comman|ded
by General <HI>Monck</HI> to wait on the Council, before I knew
any intention of &s;uch a Proclamation.</P>
<P>14. This Article is mi&s;taken al&s;o, I was de&s;ired by <HI>Aberdeen</HI>-&s;hire,
to go for them to <HI>London</HI> in <HI>Richards</HI> time, I had refu&s;ed
likewi&s;e to go then, as I had in <HI>Olivers</HI> time, if I had not been
driven by nece&s;&s;ity to it out of re&s;pect to Religion, my native
<PB N="14" REF="8">
Countrey, and to pre&s;erve my &s;elf from utter ruine, not with|out
hopes but &s;ome<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">hing might have been thought upon for
his Maje&s;ty, becau&s;e of the freedom of Elections in <HI>England,</HI>
and as nothing was &s;o much as mentioned at that time to his
Maje&s;ties di&s;advantage; &s;o the breach was there made, by which
his Maje&s;ty entered by the Lords ble&s;&s;ing there-after, this I
told to &s;everals was mo&s;t probable when I come back to <HI>Scot|land,</HI>
my endeavour to &s;top the Act of Union, until three things
were fir&s;t or joyntly done, &s;h<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ws my re&s;olution for my Religi|on
and Country; <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">he three things were that our Laws and
Judicatories might &s;tand until they &s;hould be altered by com|mon
con&s;ent. 2. That our Religion in Doctrine, Wor&s;hip, and
Di&s;cipline, might &s;tand according to the Covenant. 3. That
the A&s;&s;e&s;&s;: of <HI>Scotland</HI> might be made proportionable with <HI>En|gland.</HI>
I did to &s;everals declare, the union could not be with|out
the&s;e, and I was told likewi&s;e, that the&s;e would never be
granted; my own nece&s;&s;ity was to get off a mo&s;t unju&s;t decreat
of great &s;ums laid upon me, by that called the Exchequer in
<HI>Scotland,</HI> which was impo&s;&s;ible for me to pay, this I &s;hall make
clearly to appear; And be&s;ide all this, my going was not un|til
the invaders had been pa&s;t &s;even years in po&s;&s;e&s;&s;ion by
con&s;ent, and that all the Lawyers did plead their authority
and Ordinances as Laws.</P>
<P>15. It was well known I was hard pre&s;t to accept that, and
did it never&punc; until the poor people in whom I was nearly con|cern'd,
were in great difficulties for want of ju&s;tice, and I
would not then embrace it, but with a prote&s;tation, though it
was long after the invaders po&s;&s;e&s;&s;ion, and that there was no
other vi&s;ible power nor authority.</P>
<P>16. I can &s;ay nothing to this, but it is a mo&s;t fal&s;e Calumny
&s;ay it who will, and I hope when it comes to be particular in
the circum&s;tances it will appear to be &s;o, for ever when the
<HI>Engli&s;h</HI> were at <HI>Inveraray,</HI> the Pari&s;h Mini&s;ter Mr. <HI>Alexander
Gordonn</HI> my own Chaplain, in his family prayed con&s;tantly
for his Maje&s;ty, and my &s;elf in company did alwaies pray for
&s;uch whom we were engaged to, by either natural, civil, or
Chri&s;tian bonds.</P>
<P>17. I can &s;ay to this as to the former, and that it cannot
be true, becau&s;e that brake out onely upon the Earl of <HI>Calen|ders</HI>
marching to the Well, whereof it is not &s;aid he was privy,
<PB N="15" REF="8">
and though it were true, all that bu&s;ine&s;&s;e is approven in Par|liament,
ratified by his Maje&s;ty.</P>
<P>18. This is a great mi&s;take, I had no &s;uch precept, but I had
by Act of Parliament of <HI>Scotland,</HI> the half of Exci&s;e of wines
and Strong-waters in <HI>Scotland</HI> for payment to me, for a great
&s;um laid out by me for the <HI>Iri&s;h</HI> Army, and by my Articles I
was to enjoy my liberty, and the&s;e debts due to me; and when
I craved performance of my Articles 1657. the Protector
would not let me have the Exci&s;e, but onely &s;o much yearly
out of it, until I were &s;atisfied, wherein I had not what I
ought, &s;o far was it from favour.</P>
<P>19. I did never corre&s;pond with <HI>Richard Cromwel,</HI> nor
<HI>Fleetwood,</HI> except in order to my own affairs, nor with Sir
<HI>Archbuld John&s;ton,</HI> either to the prejudice of King or Country,
nor to my memory at all after the Committee of Safety <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ee.</P>
<P>20 21 22 23 24 25. To all the&s;e an&s;wers, <HI>Arch Kinglas&punc;</HI> had
his Commi&s;&s;ion as Colonel from the Parliament, or Committee
and not from him, and if he pur&s;ued <HI>Lamond</HI> doubtle&s;&s;e it
was as a Rebel at that time to the E&s;tate of the Kingdom, ac|cording
t<GAP DESC="illegible" RESP="tech" EXTENT="2 letters"> Act and Declaration of Parliament, approved of
by his Maje&s;ty, and his Royal Father, and Predece&s;&s;ors; &s;o what
<HI>Ard. Kinlas</HI> or any other did to <HI>Lamond,</HI> let them an&s;wer for
what they did unwarrantably, it cannot reflect on him, but
he hopes they will clear them&s;elves.</P>
<P>26 The Defendor was is <HI>England</HI> when <HI>Lamond</HI> was brought
out of his hou&s;e, and knew nothing of the bu&s;ine&s;s, until he
received letters &s;hewing what had pa&s;t, and that <HI>Lamond</HI> had
refu&s;ed to return <HI>Alexander Mac-Donald,</HI> according to his
capitulation, chu&s;ing rather to remain a pri&s;oner with the
defender, the paper it &s;elf may be found if he deny, where|upon
he was detained pri&s;oner, having no &s;ecurity to give;
and having &s;o often &s;worn and promi&s;ed and after failed,
which will be &s;hewen under his hand, and having murthered
&s;o many people, men women and children &s;everals of them
after quarter given, be&s;ide the burning of many Gentlemen,
his neighbours hou&s;es, and de&s;troying their goods and their
lands, and going in to <HI>Alexander Mac-Dona<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">d,</HI> notwith&s;tand|ing
he was in &s;ervice again&s;t him with the defender, not ha|ving
fairly exonered him&s;elf; This can be all clearly in&s;tru|cted,
and if this was not cau&s;e to keep him a pri&s;oner, let a|ny
judge.</P>
<P><PB N="16" REF="9">
27. He know not nor remembers not any &s;uch things, &s;o
it is but forged again&s;t him.</P>
<P>28 He cau&s;ed no &s;uch thing, it was a thing done for his
own entertainment, and the defender being to &s;ecure <HI>Lamond</HI>
for &s;ome ju&s;t debts due to him&s;elf, the Captain of <HI>Dun&s;taffage</HI>
de&s;ired his bond likewi&s;e to be pur&s;ued in the defenders name,
which the Geutleman him&s;elf can &s;hew.</P>
<P>29. The Marque&s;s is in po&s;&s;e&s;&s;ion of none of their Lands to
his knowledge, if he were, it is a legal civil proce&s;&s;e.</P>
<P>30 He never knew any &s;uch thing.</P>
<P>31 32 33 34 35 36 37 38 39 40 41 42 43 44 To all
the&s;e let every man an&s;wer as he is concerned, as he hopes
they will clear &s;o, but this he mu&s;t &s;ay for him&s;elf and his de|pute,
That it cannot be &s;aid, they murthered any of the&s;e
men with their own hands, neither did they judge any man
to die by the hand of Ju&s;tice, but &s;uch who were notoriou&s;ly
guilty according to &s;tanding Laws, and no man can ju&s;tly &s;ay
any man was ever proce&s;&s;ed before them who had received
any Articles, though it was never conceived by any Judica|tory
in <HI>Scotland</HI> that any man taking a Rebel could pardon
him, except the per&s;on doer of it had particular warrant for
that effect, otherwi&s;e the Committee after <HI>Philliphauge</HI> had
been much to blame for ordaining &s;o many to be proce&s;&s;ed,
at which Committee were the &s;entencing of &s;uch who died
at <HI>Gla&s;gow</HI> &s;hortly thereafter, the Defender was not pre&s;ent.</P>
<P>This An&s;wer was drawn upon the fir&s;t receit of the Libel, but a
more full an&s;wer may be expected after he hath con&s;ulted with his
Advocate.</P>
<TRAILER>FINIS.</TRAILER>
</DIV2>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
