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 31 Dec. 1655. This, however, is erroneous, and the error has arisen from a mistake in date. The instructions received through Middleton are dated Dunveaggan, 31 March. Lorne is urged to lose no time in taking such a course, by capitulation or otherwise, as he shall judge ‘most fit and expedient to save his person, family, and estate.’ He is spoken of as having been ‘principallie engaged in the enlyvening of the war, and one of the chief movers;’ and his ‘deportments in relation to the enemy and the last war are beyond all paralell’ (ib.) Another letter to the same effect from Middleton reached him in April, dated from Paris, in which he is similarly praised. Both of these letters were produced in his favour at his trial in 1681. The next evidence that Lorne was treating for surrender is a letter in which he requests the Laird of Weem to be one of his sureties for 5,000l. This is dated 6 June 1655. The conditions, which appear to have been drawn up in May, and to have received Cromwell's approval in August, were (1) that Lorne and the heads of clans serving him should come in within three weeks; (2) that he should give good lowland security for 5,000l., his officers and vassals giving proportional security; (3) that Lorne should have liberty to march with his horses and arms—the horses to be sold in three weeks; (4) that he and his party should enjoy their estates without molestation, and should be freed from all fines or forfeiture (Cal. State Papers, Dom. 1655, 270). By 8 Nov. Monck had ‘bound Lorne in 5,000l. as good security as could be had in Scotland, Lorne promising to live peaceably; and garrisons were admitted at Lochaber and Dunstaffnage to see that his promises were kept’ (, iii. 162; ).

Lorne was at this time carefully watched by Broghill, who corrupted his servants, and who sent Thurloe constant accounts of his movements. On 20 Nov. he urged Lorne's arrest, although he had done nothing to justify it, in order that enemies more dangerous at the time might think themselves secure and unobserved. On 25 Nov. the king is reported to have great confidence in him, and on 1 Jan. 1655–6 he is described as having again declared for Charles Stuart, and taken the island and garrison of Mull. On 8 Jan. notice is sent that he has had a meeting of all his friends. If such a meeting were held, however, it was nominally to take order with his debts (Hist. MSS. Comm. 4th Rep. 245, 372, 401), the great burden of which is emphatically noticed by Baillie (iii. 288). On 13 March other conditions were made between Argyll and the English, of which one was that he or Lorne, whichever the parliament might direct, should repair to England whenever desired, provided they had freedom within a compass of twenty miles, and leave to have audience of the council whenever they wished. Evidently a reconciliation or arrangement had been come to between Argyll and Lorne. On 10 June it is noted that Lorne had saved his estate by capitulating (Cal. State Papers, Dom. Ser. 1655–6, 222, 362). He was still, however, regarded with great suspicion. On 13 May 1656 Broghill reported that he was ‘playing the roge,’ and sending despatches to Charles, and declared that if ever the king made any stir it would be through him; and this warning was twice repeated in the following August, when he was charged as being appointed, with Fairfax, to head another Scottish revolt (, v. 18, 319, 323). Probably in consequence of Broghill's information, a new oath was now imposed upon the Scottish nobility in the beginning of 1656–7, whereby they were compelled to swear their renunciation of the Stuarts, and their adherence to the protectorate (, iii. 430). Upon his refusal Lorne was at once imprisoned. He is mentioned on 28 Feb. as one of the considerable prisoners in Scotland (, vi. 81). In August Broghill urged that he and Glencairn, as the only two persons still capable of heading a party, should be sent for to England, where they would be able to have ‘less trinketing’ (ib. p. 436). While confined in the castle of Edinburgh a strange accident befell him in March 1658, thus described by Lamont (p. 20): ‘Being playing at the bullets in the castell, the lieutenant of the castell throwing the bullett, it lighted on a stone, and with such force started back on the Lord Lorne's head that he fell doune, and lay for the space of some houres dead; after that he recovered, and his head was trepanned once or twice.’ From this he appears never fully to have recovered (, Hist. Observes, p. 195). The date of his release is not known—probably it was in March 1659–60, when Lauderdale and the other prisoners taken at Worcester were set free (ib. p. 152). We find him asking for Lauderdale's advice as to his future action at that time (Lauderdale MSS.)

Upon the Restoration Lorne at once came to court, and was well received by the king. He asked leave for his father to come to London, and wrote to him saying that he need not fear, as the king bore himself kindly to all men. Upon this Argyll came up secretly, but was sent to the Tower so soon as Lorne ventured to tell Charles. Lorne remained to intercede, and found, or thought