Articles of Agreement made and concluded the day of May 1655, Betweene the right Honorable Generall Moncke, Commander in Cheefe of the forces in Scotland, for and on behalf of his Highnesse the Lord Protector of England, Scotland, and Ireland on the one parte, and Lievtennant Collonell Campbell for and on behalfe of Ewin Cameron, Laird of Loughyell, alias Macon Aldowy, and his partie on the other parte.
1. Itt is agreed and concluded, that the said Laird of Loughyell with all others of his friends and parties included in this capitulation, shall repaire or come to the old Howse of Inverloughy within twenty fower dayes after the signeing of these present articles, and then and there all Englishmen, Lowland Scotts, Irish and all others (except Highlanders) shall deliver up theire armes to these officers in cheefe in the garrison of Inverloughy for the tyme being, to whome they are to give notice twenty fower hours before their approach; and that all Clanns or Masters who themselves or tennants keepe theire armes for theire owne defence, and all officers and Masters of Clanns who are included in this capitulation, shall give good security by bond that they nor theire tennants shall not disturbe the publicque peace, and that the tennants shall give such security as by others in the like case hath bin given.
2. That the saide Laird of Loughyell shall give good Lowland security, or Highland security such as Generall Monck shall approve, to the value of one thousand pounds sterling to the Governoure of Inverloughy within twenty one dayes after the tyme appointed for laying downe of armes for his peaceable deportment to this Highnesse the Lord Protector and the Comonwealth of England and his successours. And that such others (included in this capitulation) of the saide Laird of Loughyell's friends or partie as either have estates in land or were commission officers under him shall give good secutiry, vizt. Highland men Highland security, and Lowland men Lowland security, for theire peaceable liveing and deportment, and the privat souldjours shall give theire engagements under theire hands to the like purpose. The penalties of the bonds for the officers to bee one thousand pounds for a Collonell, fower hundered pounds for a Lieutenant Colonel, two hundered pounds for a Major, one hundered pounds for a Captaine, sixty pounds for a Lieutenant, and fifty pounds for a Cornet or Ensigne.
3. That the saide Laird of Loughyell himselfe shall have liberty to march away with his horses and armes, and the commission officers with his horses and armes, and the privat souldjours (except as is before excepted in the first article) with their horses, to theire respective habitations or places of aboade, where they are to sell theire horses within three weekes to theire best advantage, and both officers and souldjours are to have passed from the Governour of Inverloughy to goe to theire owne homes, or from Generall Monck to goe beyond seas if they desire it.
4. That the Laird of Loughyell, together with all those of his partie included in this capitulation, shall enjoy theire estates both reall and personall, or whatsoever they have good or sufficient right to by the lawes of England, Scotland, and Ireland, without any trouble or molestation, any act or thing by them done in reference to the late warrs betweene England and Scotland notwithstanding. And that they are hereby freed and quitted from all forfietures, penalties, restraints or punishment corporall or pecuniary whatsoever for any act or thing done by them or any of his partie in or in relation to the late warr and differences betweene the two nations. Provided that the saide Laird of Loughyell and such of his partie as have any lands in Ireland that are already disposed of by Act of Parliamant, his Highnesse and his Councill, or the Lord Deputy and Councill in Ireland are not to have or claime them by vertue of these articles; but what lands are not soe disposed of they are not to have and enjoy. Provided that any strangers, who weere not of his Clann people or tennants in Loquhaber before this last riseing, who have kill'd any in could bloud (that is to say after quarter given), or murdered any of the country people that were not in armes, in that case the person or persons offending shall loose the benifitts of these articles. And provided that the Laird of Loughyell and his parties doe submitt themselves to all publicque burthens equall with others of the nations.
5. That all such persons not excepted as before that shall imbeazle theire armes, and not bring them into the Governour of Inverloughy at the time and place aforesaid, and all persons whatsoever that shall doe any act of hostillitie or violence to the country after three weekes following the sate of these articles, shall loose the benifitt of this capitulation, except onely the takeing of free quarter till the time of the laying downe of theire armes.
6. That the Laird of Loughyell shalbee remitted theire whole by sees till the first of September last, from which time hee is to pay it in according to his proportion.
7. That what robbery shalbee committed by any of the Laird of Loughyell's servants or tennants that belong to him, hee shalbee ingaged either to produce the robbers, or give satisfaccion to the people injured in case it bee required.
8. That Donald Cameron, uncle to the saide Laird of Loughyell, shall have satisfaction for his late losses and prejudicie susteined by the guarrison of Inverloughy, in case none of his servants or tennants that came in with this into protection did goe oout againe to serve against the Commonwealth. And that such others as came into protection and had either theire sonnes, tennants, or servants, or any belonging to them, to goe out in rebellion, shalbee liable to answer at a Court Martiall at Inverloughy for soe much as may satisfie the losses susteined by the saide Donnald.
9. That when theire is assurance and testimony given for the peaceable demeanour of the Laird of Loughyell his clann and tennants, there shalbee consideration and satisfaccion had given for any dammage that the inhabitants of Loquaber shall susteine by the guarrison; and that in regard fireing is in all parts allowed to the souldjorie, if the country will bring in theire proportion of fireing for the guarrison of Innerloughy, or allow money for the same, proportionable with the rest of the country, there shalbee care taken for the payment for any timber or wood that shall bee made use of.
10. That the guarrison of Innerloughy, or any other under his Highnesse command, shall not at any tyme hereafter offer violence or prejudice to the inhabitants or people of Loquhaber before the matter in difference bee tried at a Court Martiall, in case the Cheefe of the clan shall cause any person of his clan that shall offend to bee forth comeing and proceeded against according to his demeritt.
11. That the saide Generall Monck shall keepe the Laird of Loughyell free from any by gone duties to William MacEntosh of Tircastle out of the lands pertaining to him in Loquhaber (not exceeding the summe of five hundered pounds sterling), the said Laird of Loughyell submitting to the determination of Generall Monck, the Marquesse of Argyll, and Collonel William Brayne, or any two of them, what satisfaccion hee shall give to MacEntosh for the aforesaide lands in time comeing.
12. That any differences at present betweene the Earle of Atholl and the Laird of Loughyell be left to the determination of the law.
Sealed, signed in the presence of
Editor's Notes: Transcribed
from Scotland and the Protectorate: Letters and Papers Relating to the
Military Government of Scotland, 1899, by Charles Harding Firth.
In his work, The Camerons - A History of Clan Cameron, author John Stewart of Ardvorlich detailed the events surrounding this document:
After Middleton's army faded away, most of the chiefs and nobles submitted to the government and took the oath of allegiance in the Council of State. Lochiel held out for some time, but his exploits and daring had been brought to the notice of Monk, so that he was most anxious to get this influential chief to submit. Lochiel himself realised that submission was inevitable.
In The Memoirs of Lochiel there is an account of how Ewen submitted in his own rather unconventional way. Seeing that submission had to come, he wanted to get the best terms possible. He heard that certain officers had been detailed to carry out a survey of part of Argyllshire, so he contrived to capture them, and imprisoned them on the Island of Locharkaig. By way of diversion for his unwilling guests, he organised great deer drives at the head of the loch, described thus by Balhaldie.
"Lochiel, who omitted no civility that he thought wowld add to the pleasure of his guests, carried them to the head of the Loch in a boat, where he was mett by some hundreds of his men, whom he had ordered to be convened for that purpose. These people, streatching themselves in a line along the hills, soon inclosed great numbers of deer, which, haveing driven to a place appointed, they guarded them so closely within the circle which they formed round them, that the gentlemen had the pleasure of killing them with broad-swords, which was a diversion new and uncommon to them. They passed some days in this forrest very agreeably, and were regaled with variety of venison and wild-fowl."
Lochiel behaved with great kindness and correctness to his prisoners, and they, on their part, came to regard him as a friend and tried to prevail upon him to submit in his own interest. For a while he refused resolutely, then he appeared to weaken, and at last agreed that one of their number, a Colonel Duncan Campbell, should act as his emissary, and convey his terms to General Monk. Campbell, who evidently must have impressed Monk with a glowing account of Lochiel's good qualities, returned in due time with the General's reply, which agreed in most particulars with Lochiel's demands in a most generous way.
I have this day agreed upon such articles as I shall grant for the comeing in of yourself and party, upon the powers yow gave to Liewtenant-Collonell Duncan Campbell to treat for yow, in regaird it was not held fitt that Sir Arthur Forbess (being a prisoner) should be joined in commission with him. In case yow shall declair your approbation of these Articles, within fourteen dayes after the date hereof, I am content they shall stand good, and be performed to yow, otherwayes not. I remain, &c.
Dalkeith, 19th May, 1655 GENERAL MONK"
The day came for the ratification of the agreement, and Balhaldie gives the following description of the ceremony.
"Haveing convened his Clan, at least such of them as did not reside at a very great distance, he putt himself upon their head, and marched to Inverlochay in good order, attended by these gentlemen. They were dressed in their best cloaths, after the Highland mode, ranged in companeys under the command of the Chiftans or Captains of their respective tribs, and armed in the same manner as if they were marching to battle. So soon as they began to appear, the Governour drew out his Garrison, and putt them in order upon a large plain, near the fort. The Camerons advanced with their pyps playing, and collours flying, and drew up in two lines opposite to the troops; where, after Locheill and the Governour had mutwally saluted one another, and adjusted the manner of the ceremony, the Articles of the treaty were read and published with many loud huzzas, and no small appearance of joy on both sides."
Others narrate that the Camerons laid down their arms in the name of King Charles, and picked them up again in the name of King Charles, and picked them up again in the name of the Estates.
These terms were unique. Lochiel proceeded honourably to fulfil the agreement. Peace reigned in Lochaber from 1655 until the Restoration, when the English troops were withdrawn from Scotland. He lived on friendly terms with Monk and the English, and the General appointed him sheriff and justice of the peace for Lochaber, and showed every appreciation of his great qualities.