Series 1 > Letters and papers illustrating the relations between Charles the Second and Scotland in 1650

160 CHARLES II. AND SCOTLAND IN 1650
horse or foot, with culverings, pistolls, picks, spears, jacks,
splints, steill bonnets, whytt harniss, or other munition bellical
whatsomever for daylie, weeklie, or monethlie wages without
speciall licence hade in wreitt and obtained of hir Majestie and
her successors, under the paine of death to be execut upon the
raisers of the said bands, and also upon them that conveines
and ryses in bands: And sicklyke be the common lawe of all
nations, and be the municipall lawes and acts of parliam* of
this kingdome and daylie pratqs therof, the imposing of taxans
and impositions upon the subjects is the prerogative of the
Kings Majestie and the three estats of parliam1, and the
usurpers thereof are punishable with forfaultor of lyff, lands,
and confisca"3 of goods; as also it is statut and ordained that
the takers of free persons and putting violent hand on ther
persons and committing them to captivity and prison but
warrand or commission from the Kings Majestie, Is a cryme
most detestable and abominable in itself as incroaching upon
the soveraigne prerogative and authoritie most treasonablie
usurping in and upon them the Regall power; and sicklyke
be the twentie first act 1 par. K. Ja. 6 of happie and blessed
memorie, intitulat Act anent theift and recept of theift and
taking of prisoners by theives; it is statut and ordained that
no theives, robbers, or broken men take any Scots man at any
tyme theref1 under the pain of treason and lese Majestie:
neverthelesse it is of veritie that the sd Neill Mcleod of Assint,
having shacken off all fear of God, dewtie, and alleadgance to
his prince, and respect and regard to his Majestie’s person and
lawes, did in the moneths of March, Apryll, May, June, July,
or August 1649 years, upon ane or other of the dayes of the
sed moneths, or ane or other of them most perfidiouslie,
treacherouslie, baslie, and inhumanlie under trust take and
apprehend the person of James, late Marques of Montrose, his
Majesties hye commissioner and Leivtennent Generali whilest
he wes invested with his Majestie’s commission under his hynes’
seall for that effect, and delyvered him prisoner to the rebells,
his Majesties enemies, then in armes ag* his hynes autie, by
whom the sd Marques wes cruellie and inhumanlie murdered,
for the which the sd Neill M°leod receaved the number of four
hundred bolls of maill as the reward of the sd treasonable act,