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Amelia Volume 1 Chapter 22

ACT anent removing and extinguishing of deadly feud - 1600

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King James VI. 15. November 1600

ACT anent removing and extinguishing of deadly feud :-

“Our soveraigne Lord and haill estates of parliament presently convened for removing of the present feuds that abounds within the Realme Finds it meet and expedient that the parties be charged to compeir before his Highness and secret Council at sik days, as shal be thought expedient to submit to tua or three friends on either side or to subscrive ane submissioun formed and sent by his Majesty to them to be subscribed. Whilkis friends by their acceptatioun shall be bound either to decerne within a space of thretty days after they have accepted, or else to agree at their first meeting, on ane oversman wha shall decerne within that space, whilk if they cannot do, they shall within the foresaid thretty days report the ground and cause of their disagreement to his Majesty and sik specials of his council as his Highness shall find least partial and suspect (Whereas Majesty by the advice of the Estates here present is declared to be overs-man in the matter) And failying that the friends arbitrators either decerne, or report not, within the foresaid space after Their acceptation everie one of them by this authority of this present act to incur the pain of one thousand pounds to be employed to his Majesty’s use. And because all feuds are ane of thir three natures, namely that there is either slaughter upon niether side or slaughter upon ane side only or else slaughter upon both sides the parties in the first may be commanded to agree, due satisfaction being offered and performed at the sight of friends and overs-man in manner foresaid Where there is slaughter upon both sides his Majesty may by rigour and equality of justice, compell them to agree, due satisfaction being made on either side according to the quality of the offence and persons offended; where the slaughter is only on one side the party grieved cannot refuse in reason to submit in manner foresaid all quarrell he can beare to any person innocent, justice being made patent to him against the guilty specially he being ordained by this present Act to persew nane uther but the guilty and that by the Law. And the party so peresewed not to beare quarrel for it, but to defend in lawful manner. And that all quarrels shall cease against ilk as shall be lawfully persewed in this forme either by their conviction or execution [page 265} by law or otherwise by their clenging and agreement that all persons of perfitt age, and within the countrie and having entries to persew any parties for crimes capitall shall within forty dayes after the publishing of this present Act at the head burgh of the shire where the persewer dwells raise and cause execute their letter in the said matter and insist in the persuit thereof with certification to sik as failzies that their action shall perish, expire, and be extinct The daid persewer shall be compelled to submit his action in manner above specified reserving alwaies to his Majesty his action as accords with the law. Provyding that if the said persewer satisfie the ordinance of this present act and be delayed either by ane continuation of the diet by warrand of the Prince or by the dilatour defences proponed by the pannell for eliding of the final tryell of the persuit In that case the prescription nawise to run against the persewer, having done his possible diligence in maner foresaid And because the guiltines of crymes consists not only in the persons of the actual committers thereof, but also in the authors, causers and mivers of the samin to be committed wha are art part and gilty of the said fact where na publict knawledge nor certane tryell is had, His Majesty and Estaitis nowyse willing that neither the authors nor actours of sik heinous crymes escape the dew punishment through obscurity and laik of publik knawledge thereof Declares that the parties offended doing their diligence as said is against the actual and knawn committers of the said crymes and satisfying this Act anent their reconciliation with all other persons shall in nowyse be prejudged of their action competent against sik persons of whaes giltiness they shall hereafter get knawledge provyding that they shall bear no fead against the said suspect persons whill first after sufficient information obtained they raise their letters for summonding of the saids parties to underlye the law and either make them fugitive or otherwyse obteine ther persute decided. And further the prescription of this present act shall in nowyse militate aginst any party whaes actions are already submitted to ane langer day, nor is prescribed in this act Provyding that the party doe his diligence in maner above written within fourty days after the expiring of the said submission And to the intent that justice be na occasion to breed farther trouble every party shall come to the town accompanied allanerlie with twentyfour persons where bath they and thir company shall keepe their lodging to the hour of cause. At the quhilk first the ane and then the other shall be brought out by the town (guard?) in Armes accompanied from their ludging to the bar with the number presrived to their rank by act of parliament. The contravener whereof if he be persewer shall tyne his persute in tyme comming and if lie be defender he shall be denounced rebell as presumed guilty, and refusing lawful triall. And for staying all deadly feads in tyme cumming it shall not be lawful to the persewer to invade, persew, bear fead, or quarrel against any friend of the offender innocent or not accused and convict of the cryme under the pain of tynsell of his action and persute against the guilty and to be compelled to submit with the offenders [page 266} self Reserving alwyse to his Majesty his action against him for the cryme Lyke as the friends of the gilty person being convict of the cryme and fugitive from the law, shall not bear quarel for his persute be law neither maintein, supplie nor reset him under the paines conteined in the act against resetters of fugitives and rebels. And in care any of the friends of the guilty persons reset him in contempt of the present act and others his Highness Lawes, the partie grieved, assisted with his Highnes Advocat, shall onely persew the resetters by ordour of law without convocation or fead, grudge, or quarrell to be borne against him therefore otherwise under the paine of tynsel of his said lawful action in all tyme comming. And to this ordour before specified the haill nobilitie and estaites here present have given their consent approbatioun and sworne to conforme them thereto in all feads whilkis shall fall out in tyme comming. And this present Act nowyse to militat in sik cases where the party offender is denunced rebell or shall happen hereafter to be fugitive and put to the horne, for slaughter or other odious capital crymes, during the tyme of their rebellion. And to the intent these present articles may have the better effect and be the mair willingly embraced by his Majesty's haill subjects, his Highnes of his proper motive and gracious inclination to justice, quyetness and well of his people, solemnly declared and faithfully promissed in presence of the saidis estaits that for slaughter and other odious crymes to be hereafter committed his Heighness shall grant no respit, remissioun, pardon, nor oversight at any tymes efter, albeit the parties transact and agree themselves, till these inveterate and damnable customes of the saids heynous crymes be rooted out and altogether suppressed; whilkes articles above written in the haill heads and poijnts of the samyne our Soveragne Lord and Estaites foresaid presently convened, ratifies, approves and confirms and ordains the samine to have the strength, force and effect of ane law in all time comming &a.

“1601 March 3. at Holyroodhouse, Commission of Lieutennandrie against the ClanGregor.

“Forasmekle as the Kingis Majestie and Counsall haveing tane grit panis and travellis thir divers yeiris bigane for reduceing of the wicked and unhappie race of the ClanGregour quha sa fang lies continuet in bluid, thift, reif and oppositioun to the obedience of his Majestie and his lawis and to a peceable and civile forme of leving : In end Allaster McGregour of Glenstray Chief and Ringleidar of that Clan was moved to cum in and to mak an offer of the entrie of thrie plegeis quarterlie for the guid reule and obedience of himselff, and all sic as be the law and his awin bandis he is ansuerable for, and tua onlie of the saidis Plegeis being enterit for the first quarter, And his Majestie expectand a constant continuance of the said Allaster in his promeist obedience, Notwithstanding it is of a treuth that he following the pervese counsall and inclinatioun of his wickit and misreulie Clan hes failzeit in the entrie of the plegeis for [page 267} the second quarter and is thairfoir ordourlie denouncet and registrat at the horne, and hes remanet thairat this lang tyme bigane, as he dois yit unrelaxt, Intending thirby as appeiris to oversie and wink at all the insolencies and attemptatis of the disorderit thevis and lymmaris for quhome he aucht to ansuer, And his Majestie being careful to have the saidis insolent lymmaris repressit and reduceit to obedience and his Majesties gude subjectis redressit of thair skaithis, And acknawledging the gude inclinatioun of his rycht traist Cusing and Counsallor Archibald Erll of Ergyll Lord Campbell and Lorne, to justice and to do his Hienes service, Thairfoir his Majestie hes maid and constitute and be the tennour heirof makis and constitutis the said Erll his Majesteis Lieutennent and justice in that pairt to the effect following, Gevand Grantand and committand to him, his Hienes’ full power and commissioun, expres bidding and charge, To direct preceptis and Lettreis in his awin name for chargeing of the haill personis of the name of McGregour severallie or togidder to compeir befoir him quhen and quhairevir he sall appoint alsweill for randering of thair obedience and making of suirte for thair guid behaviour as for redress of complenaris, and undirlying of the lawis under the pane of Horning; The disobeyaris to denunce to the horne, and eftir thair said denunciatioun to prosequte thame as fugitives and outlawis with fyre and suord and to burne thair housses and to follow and persew thame quhairevir they sall flie for eschewing of apprehensioun, and to asseig all housses and strengthis quhilkis thay sall tak for thair saif gaird; Rais fyre and use all force and Ingyne quhilk can be had for recoverie thairof and apprehending of the saidis fugitives and lymnaris being thairintill; As alsua to chairge thair maisteris and Landislordis, To entir and present thame befoir him at sic tymes and places as he sail pleis to appoint conforme to the General Band, Lieutennent and Justice Courtis aganis the said ClanGregour sa oft as the said Lieutennent will think expedient. to sett, begin, affix hald and continue; Suittis to mak be callit; absentis to amerciat; Trespassouris to punische; unlawis, amerchiamentis and eschaittis of the saidis Courtis, to ask, lift and raiss and for the same, gitf neid beis, to poynd and distreinzie; all and sindrie personis of the Clangregour, suspect and dilaitit of thift, Murthour, Slauchter, Fyre-raising, Sorning, oppin and maisterful oppressioun and uther odious crymes, to serche, seik, tak and apprehend, commit to waird and put to the knawledge of ane assyse; And as thay sal happin to be foundin culpable or innocent, to caus justice to be ministrat upoun thame conforme to the lawis of this realme; Assysouris (Jurors) neidfull to this, effect ilk persone under the paine of fourty pundis to summond, wairne, cheis, (choose) and caus to be sworne, Deputis under him with clerkis, servandis, dempstaris and uther [page 268} officeris and numberis of Courte neidfull to mak treat substitute and ordane; for quhome he salbe haldin to ansuer; The escheit, gudis of sa mony of the ClanGregour as sall be denunceit Rebellis and put to the horne, or as sal be convict and execute to the deid be vertew of this commissioun, to intromett and uplift, and for the same, gif neid beis to poynd, and distrenzie, and to the said Lieutennentis awin use for his labouris to apply; Quhilkis Escheitis his Majestie and Counsell be the tennour heirof Gevis, Grantis and Disponis to the said Lieutennent; And generailie all and sindrie uther thingis to do, exerce and use, quhilkis for executioun of this commissioun is requisite and necessar, firme and stabill haldine and for to hald, all and quhatsumevir thingis sal be lauchfullie done herein; And becaus the resett and comfort quhilk fugitives and lymmeris sa frequentlie gettis among thair friendis and acquentance is not onlie an encouragement to thame to continew in thair evill doingis, bot alsua and grit hinder to the ordiner courss of justice, Thairfoir his Majestie and Lordis of his Secrete Counsall, Declaris Statutis and ordanis, That quhatsumevir personis sall happin to resett supplie and interteny ony of the said ClanGregouris, thair wyffis, Bairnis, and geir, eftir they be denunceit Rebellis and declarit fugitives and dew intematioun maid thairof at the mercat croce of the Schyre; That the same personis sal be halden culpable and giltie of the halii bigane offensses committit be the personis quhome thay sall resett, and sal be haldin ansuerable to the said Lieutennent for ony offence to be committit be thame thaireftir; And forder his Majestie nawyse willing that the executioun of this commissioun sall be onywyse frustrat or disappointit be ony favour or pardoun to be grantit be his Majestie to ony of the ClanGregouris heireftir; Therfoir his Majestie in presence of his Counsall promeist that his Hienes sall grant na favour nor oversicht to ony of thame during the tyme of this present Commissioun, bot shall remitt thame and thair suittis to the said Lieutennent, And for the executioun of this commissioun ordainis lettries to be direct, chargeing all and sindrie his Majesties liegeis and subjectis within the boundis of Athoill, Lennox, Menteith, Strathearne, Ergyle and Tarbert that thai and everie ane of thame Ryse, concur, fortefie, and asaist the said Lieutennent within the boundis of the Schirefdome quhair thay duell in the persute of the said ClanGregour, and executioun of this commissioun, at sic tymes as the said Lieutennent sall repaire within the boundis foirsaidis and sall wairne and chairg thame to this effect be his awin Proclamatioun or particular missives under the pane of horning; And that this present Commissioun ressave executioun for redres of complenaris fra the moneth of August anno 1596, and induir heireftir for the space of ane zeir nixt to cum eftir the dait heirof and forder ay and quhill the same be speciallie dischargit be his Majestie. - Sec : Con: Rec : Acta.”

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Perhaps no Statute Book contains a more singular regulation, giving the power of life and death into the hands of Argyll and even guarding against the possibility of Royal mercy. Moreover, it is made retrospective, although fortunately excluding the murder of Drummonderinach, the remission for which was dated July 1596, a month before the limit of former complaints.

“1601 March 3. Act against the Resetters of the MacGregors goods nearly similar to the latter part of the Proclamation of Jan. 31. 1600 and proceeding on the narrative of the Commission of Lieutennency of this date. - Rec. Sec. Coun. Acta.”

From the “Chartulary :-

“Bond given by the ClanGregor to the Earl of Argyle as King’s Lieutennent.
“1601. April 22. At Striviling. The quhilk Day Alexander McGregour of Glenstra compeirand personallie in presence of ane nobill and potent Lord Archibald Erle of Ergyle, Lord Campbell and Lorne, Justice Generall of Scotland, his Majesties Lieutennent in that pairt; Band and obleist and tuik upoun him, to be ansuerabill for the haill personis of the surname of McGregour be making of thame to be furthcummand to justice for all Thiftis, Soirningis, and oppressiounis, depradatiounis, wrangis, and attemptis to be committit be thame, or ony of thame, heireftir and in tyme comming except for sa mony of the surname as he sall qualifie to have maisteris, and Landislordis, in presence of the Lordis of Counsall, the said Lieutennent, or any uther his Hienes Lieutennent for the tyme; and that he hes na resett, mantenance or defence of thay quhome he layis upoun the saidis Landislordis and Maisteris; at quhilk tyme the said Alexander to be na forder burdynit for thay, that he justlie puttis aff him, be qualificatioun foirsaid, conforme to the Actis of Counsall sett down thairanent And for the better performance heirof the said Alexander sall enter in pledge to the said noble Lord.

John dow McCondochy VcAllaster
Patrik gar Mcilchallum glas and
Finlay McWilliame
sua sone as he may possible, and himself with
Malcolme McDougall Keir, and
Duncane McPatrik VcDowgall Keir
To remane and abyde in wairde ay and quhill he entir the saidis thrie Plegeis, or elis [page 270} John dow McGregour his brother with uther twa responsabill men of his kin and surname, and the saidis thrie plegeis, or ony of thame, being deccissit or execute, or fred, be the said Alexander, he sall entir and presentt utheris in thair placeis at the requisitioun of the saidis Lordis of Counsall or Lieutennent for the tyme; Makand continuallie without intervall thrie of his surname to remain as plegeis and speciallie thrie of the personis following.
John dhu McEwne (second son of Ewne the ‘Tutour’),
Duncan McEwne, his brother,
Johne dow Mcilfadrik VcRobert,
Robert Abroch McGregour (son of Duncan Abroch),
Patrik McEanduy in Rannoch,
Archibald McCondochy VcAllaster,
Gregor Skorocht, and
Duncane Mcfadrik,
or ony uthir of his surname for the quhilkis he aucht to be ansuerable, at the nomination of the saidis Lordis &a . . . . under the tinsall of his landis, and heretage to be renunceit to the said noble Lord ipso facto for ever, or ellis put and qualefie the same to be mentennentis to utheris maisteris and landislordis without his mantenance and defence. Concerning redres of biganes &a (same as in preceding act) The said Alexander McGregour is ordainit and fullie heirto consentis That he or ellis the said John dow his brother sall remane in wairde, quhill redres and satisfactioun be maid be him and they of his awin surname and utheris for quhoine lie is obleist be law to be ansuerable to mak payment as the law, constitutioun, and pratiques of the cuntrey requyris; The clames and dittayis to be gevin in befoir third day of May nixt to come, and the tuelft day of the said moneth assignit to the pairties defendaries, to compeir and ansuer as the said Alex: sall be wairnit to that effect; withoute prejudice of the contract maid betwixt the Erle of Montrois, Patrik Lord Drummond, Sir Duncane Campbell of Glenurquhay Knicht on the ane pairt, and the said Alexander, as it beiris (1 & 2. Feb. 1590-1) As alsua the personis following, Principallis, and maist speciallis, of the race and name of MacGregour, ar ordainit of thair awne voluntar, quha be thir presentis ar become bundin, and obleist to be ansuerable for thair raices and housses respective for observing guid reull in tyrme comeing towardis his Hienes liegis, and for the redres of faultis the space of yeiris bigane contenit in the said noble Lordis commissioun as alsua for all uther thair men Tennentis and servantis as law will, viz.
1. Gregour McEwine VcGregour (eldest son of Ewine the Tutour) be the assistance and concurrence of the said noble Lord (Argyle) and the said Alexander McGregour of Glenstra, sall be ansuerable for himself and for all discendit, and to [page 271} discend of umquhile Ewne McGregour (Tutour of Glentra, see Jan. 1584-5), his fader;
2. Duncane na Glen MacGregour of Phanean, Paternal uncle of Glenstray, for his sones and raice to come of him,
3. Allaster galt MacGregour, Paternal uncle of Glenstray, for his sones liberall (natural?) and raice cum and to come of him,
4. Duncane McAllaster pudryche, (Pudrach) for himself and all come and to come of umquhile Allaster pudryche his father,
5. Johne Dhu McGregour, brother to the said Allaster for himself, his bairnis and raice to come of him;
6. Gregour McNeill,
7. Williame McNeill,
8. Duncane McEanekaine (cham)
9. Allaster McEwne,
10. Johne dow McAllaster,
11. Williame McGregour VcGillechallum,
12. Johne dow McGregour, Rora,
13. Duncane McEwne VcAllaster,
14. Duncane McGregour VcWilliam in Rannoch,
15. Duncane Mcinvalloch,
16. Johne dow McCondochy VcGregour in Innervar,
17. Johne McGregour VcNeill, for thameselffis, and conjunction for slegh (sliochd) and raice to come of umquhile Duncane Lienoch (Roro),
18. Johne McGregour VcEane VcGregour,
19. Allaster, Charleis, and Gregour, brether, for thameselffis, hous, and raice cum and to come of umquhile Johne McGregour, and Gregour, thair Guidsir and father.
22. Duncane abroch, and
23. Patrick aldoch McGregouris for thameselfs and all discendit and to discend of umquhile Duncan Latois, (Ladosach) thair predecessour.
24. Johnne Mcfadrik ammonach, (Glen Almond)
25. Gregour Mcphadrick ammonoch,
26. Johne dow McGregour McPhadrick of Innerzeldie,
27. Duncane McAllaster in Dundurne,
28. Duncane McPhadrick Vccondoquhy,
29. Allaster McCondochy voir, for thameselffis and conjunctim for thair haill raice cum and to come of umquhile Patrik Chaoldich,
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30. Malcolme McDowgall keir,
31. Duncane McPhadrik VcDowgall Keir,
32. Johne Mcilkeir
33. Dougall Mcilkeir,
34. Malcoime oig McGregour VcDowgall Keir for the raice and hous present and to come of the Clan Dowgall Keir ;
35. Allaster McRobert voir, for himself and his sones and all discendit and to discend of him
36. James McGregour in Drumphin, for himself his bairnis and all cum or to come of him.
“Quhilkis Bandis and Obleisment sall be interpret and extendit towardis the airis and successouris of the said Alexander McGregour and all utheris obligantis foirsaidis respective without prejudice and not annulling the Bandis and oblisingis of thair Maisteris and Landislordis respective, as alsua without prejudice of the said Alexanderis Band gevin for himself and all utheris for quhome he man be ansuerabill be the law, Sua that everie ane of the saidis Bandis have thair awin force and effect in full integretie as thay beir at the instanceis of all pairties pretendand enteres thairintill, all fraud and gyll secludit; In witness heirof the presentis written be Johne Hog we have subsrcivit with oure handis and followis day, zeir and place foirsaidis, Befoir thir witnesses.

David Commendator of Dryburgh,
James Commendator of Incheafray
Sir Duncane Campbell of Glenurquhay Knicht,
Sir Archibald Stirling of Keir Knicht
Sir William Menteith of Kerss Knicht
James Campbell Fear of Laweris,
James Seytoun of Tullibody,
James Kinross of Kippanross.
Sic subscribitur, Allaster McGregour of Glenstra abonewrittin with my hand tuichin the notaries pen underwrittin becaus I can not wryte.

“May 12. personallie compeirit
Malcolme McGregour in Glengyle,
Malcolme McDowilkeir,
Duncane McPhatrik Vcdowilkeir,
Gregour Neilsoun,
Johne dow McGregour Ammonoch,
Johne McGregour VcEane VcGregour
in presence of Archibald Erle of Ergyll and subscrivit the Act abonewritten with thair [page 273} handis led at the pen of the Notar underwrittin, in presence of . . . . . . . . same witnesses as before with the addition of Sir William Menteith of Kerss knicht and James Seytoun of Tullibody. The Bond was eventually recorded June 28. 1602. in the Books of Council.

“Note in ‘Chartulary.’ Out of the 36 Principal men of the ClanGregour proposed to be parties to the Bond along with Allaster McGregor of Glenstra only six actually sign it, and that three weeks after him. Argyle appears to have had the Bond in his possession for upwards of a year without being able to procure any additional signatures to it. “1601. June 26. Marie McGregour relict of umquhile Johne Tosheoch son of Duncane Tosheoch in Pittenzie is mentioned at this time in the Register of Hornings for Perth.”

The necessary result of the invitation to bring forward old complaints against the Clan appears in numerous complaints as well as notices to quit.

“1601. July 5. Garntullie as tacksman of Fortingall obtains decreet of removal against Janet Stewart relict of umqle Allaster Pudrache MacGregor, Duncan McEane chain alias McGregor in Tulliechwillen (Lands of Balnacraig) and others.

“1601. July 25. Strowan Robertson against his tenants same as on 21. Jan. 1597-8 and June 9. 1599; and also John dow McAllester VcGregour William McNeill compeired personally; and Neill McWilliam, John dow Mcallaster. Malcolm McWilliame McGregour and Duncan his sone compeirand by procurators. Diet continued.

“July 25, Strowane Robertson against his tenants. William McNeill VcEwin McGregour, in Boirland of Fernan and half milne of Strowane Fernan. Umquhile Neill McCondoquhie land of Fernan, Alexander McGregour cleriche, land of Croftnallin, Neill McWilliam McNeill Wester Fernan, Duncan McAllaster McGregour land of Tunivoir, Malcolm McGregour sone to the said umquhile Neill McDonquhie Gregour, and several others compeired personally. They were all styled ‘pretendit occupiers.’

“July 25. With regard to Strowane Robertsone’s tenants, William McNeill made various allegations stating ‘That of the lands from which he is charged to remove’ The said William and his predecessors hes been in possessioune thrie hundredth yeiris or thairby as native and kyndlie titularis and possessouris therof.

“Oct. 10. At Brechin. Remissioun to the Laird of Glenurquhay.
“James &a. Whereas we understanding the great enemity which has subsisted from early times (ab antico) between the Laird of Glenurquhay and the surname of [page 274} MacGregor; in the course of which many and various hierschips, slaughters, and oppressiouns have been committed by both parties and surnames, and their complices against the others, And that our lovite Sir Duncan Campbell present Laird of Glenurquhay Knicht was frequentlie forced to seek remeid by force and the strong hand; Therefore &a Remission in the usual form to Sir Duncan and four of his friends for the tresonable burning of the houses of Bar in Glenurchy occupied by McGregour. - Privy Seal lxxij, 162.

“1601. Nov. 10. Compliant Glenurquhay &a against certain MacGregors.
“Anent our Soverane Lordis Lettreis raised at the instance of Sir Duncan Campbell Knicht Superiour and Heritable Proprietor of the landis underwrittin, and Donald McInnes in the Lands of Tennent to the said Sir Duncane in the samyn landis for his enteres, makand mentioun, That quhir the said Donald and his servandis haveing in the monethis of September last bipast and October instant Schorne and Wyne his cornis quhilkis grew this present yeir upoun the ground of the landis of . . . . and they being transportand and away leidand the same cornis off the saidis landis to the saidis Donaldis Barrie and Barneyaird; It is of treuthe that
John dow McGregour VcPatrick (in Innerzeldies, see Ap. 1601),
Duncan McPhatrick (his father’s brother),
Gregour Ammonoch (in Kingart),
Johne, brother to the said Gregour,
Duncan dow McEwin VcEane
Patrik McEwin VcEane, his brother,
with utheris their Complices, haveing schaken aff all reverence and dewtifull obedience thay should have, and beir to his Hienes lawis, all bodin in feir of weir (arrayed in warlike fashion) with haberschois, Poleaixis Tua handit suordis, and other weaponis invasive and haquebuts and pistols prohibete to be worne be act of Parliament; came upoun the said complenaris tennent and ‘broke down his wains and cars, and threatened to murder him if he mede any resistance.’

“Nov. Item payed by command and direction of his Majesty for the expenses made upon the expeding of the Remissioun granted to the Laird of Glenurquhay and his servants, and of a gift of discharge of all unlaws and penalties incurred by Glenurquhay, £49, 2s. 4d. (Scots). - Lord High Treasurers Accounts.

“1601. Dec. 10th. The Earl of Argyle denounced rebel for not producing before Council Allaster Macean oig of Glencoe to whom he is master and landlord, and for [page 275} whom he ought to be answerable As also John Galt MacGregor whom he has at least had in his custody and keeping, &a &a.

“1602. Jan. 31st. The King undertook to assist Queen Elizabeth of England with a levy of ‘Hieland men’ to repress a rebellion in Ireland and directed a levy ‘of thir men upoun sic of his Majesties subjects within the Hielandis as ar of maist power to furnis yame.’ In this levy The Laird of MacGregour is set down for 50 men.

“1602. 19th June. “Alexander Colquhoun of Luss having apprehended ‘Robert McGregor sone to Duncane Abrach MacGregor and with his awne hand put him to liberty’ is charged to produce the said Robert And Letters were sent directing Luss accordingly.

“1602. “Complaint by Alex. Stewart of Dalguis that, about 6 years ago, Johne Dow McGregour, brother of the laird of McGregor or at least his servants stole out of the ‘Mucht of Strabrane’ (Strathbran) 16 head of horses & mares, worth 20 merks each, - ‘To the takin the said Johnne McGregour being in his own cradak in a rowme that he haldis of the Laird of Tullibardine, in Balquhidder, sent owt his men and tuke the said hors fra the said compliners sone, and sic utheris, his servandis that wer thair that followit the said hors.’ [1]  

“1602. June 28th. “The Band executed between the Earl of Argyll and the ClanGregor in April 1601 is put before the King and Council at Perth, and ordered to be registered Promise was also made for the Earl of Argyll ‘that whenever the said Earl should be required by his Majesty and Council, to enter and produce the persons underwritten or any three of them viz John dow McEwne, Duncan McEwne his brother, John Dhu McIlphadrick VcRobert, Robert Abroch MacGregor, Duncan McInduy in Ranoch, Archibald McCondochy VcAllaster, Gregor Scorach and Duncan Mcfadrick.

“1602. July. The Earl of Argyll is desired to produce John Galt McGregor.

“1602. July 13th. Anent letters raised at the instance Menzies of Weem explaining that he is not able to make certain of the ClanGregor and uthers dwelling in Rora answerable because ‘Quhilkes persones albeit they duell within the boundis of Rora zit thay are nowther mentennentis nor seruandis to the said complenar and pass not maill nor dewtie to him nor nawayis aknawledges him but thay are substakismen to Duncan McGregor sone to umqle Gregor McCondochy his tennent and were input and placit by (without) the said complenars knawledge, consent, permission & [page 276} allowance be him and be William McNeill in Farnan, Duncane McAllaster there and Duncane Mceane cam in Forthergill tutor to the said (Duncan McGregor) And seeing the said complenar is not able to mak them answerable Ressoun and equitie cravis that he sould have the relief of the said tutor be quhome the saidis personis complenit upon wer enterit in his saidis landis and thay sould be enterit and presentit befoir his majesty and the saidis Lordes the said day be thair maisteris and landislordis for order to be taken with theme anent the said complenars relieff and the billis layed upoun him And anent the Charge gevin to Robertsoun of Strowane maister and landislord to the saidis Williame McNeill, Duncane McAllaster &a (who were in Fernan) Robertson of Strowan for being oft times callit and not compeiring or presenting the men, is denounced Rebel.

“Strowan is also charged to present to the Council Alester MacGregor Cleriche, to answer to a complaint by Watson in Arntullie. Various complaints follow.

“1602. June or July. “Anent the complaint given in by Patrick Scott in Glennilmet in the bishoprick of Dunkeld upon Duncan McEachanie MacGregor, in Tullochmoline in Fartirchill servant to the laird of Garntullie for stealing with his complices, broken men of his friendship at his command 4 Cows and an ox in 1600 and 3 wedders 3 years old, was challenged selling one of the cows at Andermas fair, Garntullie decerned to redress the above.

A note by Mr. MacGregor Stirling states that this Duncan is the person mentioned as having been taken prisoner by MacIntosh in King James VI. letter of 30th March 1596-7; whilst in the entry of 13th July 1602, he is stated to be ‘tutour’ of MacGregor of Rora.

“1602. July 17th. “Alexander McGregor was infeft in the lands of Lagarie in the Dukedom of Lennox and Shire of Dumbarton on a precept of Clare Constat as heir of his father John MacGregor of Ardinconnell. His brother Gregor MacGregor was a witness to the infeftment. - Record of the Burgh of Dumbarton.

“1602. August 3d. At Falkland. “Complaint of Andrew Ramsay at Mill of Innerqueich, theft of Cattle by Alaster McAlaster and John Dow McEwen McGregor and others from the lands of Corb and Drycurie in the forest of Alyth.

“1602. August 6th. At Falkland. “Earl of Argyle denounced, eight different entries for not producing before the Council Donald Mceane dowy McAllaster in Glencoans, McCondochy Vcean roy, [page 277} Ewne McAllaster Pudrach, John dow McEwne MacGregor, McCondochy of Inneraw and Duncan McEwne MacGregor.

“1602. Earl of Argyle charged to present John Galt MacGregor and all the remaining persons of the ClanGregor for whom he has become answerable on 24th Nov.

“1602. Nov. 25th. At Holyroodhouse. “Colquhoun of Luss against the Earl of Argyle, for proving that the Earl is answerable for certain persons ;
Allaster MacGregor of Glenstray,
John Dhu his brother,
Duncan Glen of Fernan,
Gregor son to the said Duncan,
Patrick also his son,
Allaster Galt in Culquhirrilan,
Patrick and Duncan his sons,
Patrick in Caldernot and his sons,
John Dhu and Duncan,
Duncan McOtter dow in the Otter,
Gregor McEwne in Moirninche,
John dow McEwne his brother,
Duncan McEwene . . . do.,
Allaster McAllaster vreik,
Gregor McCoull,
Duncan Ger his brother,
Duncan McEwene his brother,
Callum MacGregor Vculcheir (Dow),
Dougal roy MacGregor, vagabond,
Allaster McCondochy Mceane dowy VcGregor householdman to the Laird of MacGregor,
Neill Mceane duy VcEwne,
Duncan McEwene Vcillevoill,
Donald McEwine,
John dow lean McPhadrick Vcculcher,
Challum McNeill vane MacGregor,
All men tenants and servants to Archibald Earl of Argyll dwelling upon his land and are such persons as by the laws of this realme acts of Parliament and General Band he will be held to answer for. Therefore ordain letters to be direct to summon such witnesses as the said Laird of Luss intends to use for proving of the said matter [page 278} To compeir personally the said day to bear leal and soothfast witnessing in the said matter, under the pain of rebellion &a. And the said Laird of Luss compeiring personally and the said Archibald Earl of Argyll compeiring by Mr. George Arskin his procurator are warned hereof apud Acta.

“1602 Nov. “Item to Patrik Mcomeis messenger passing from Edinburgh with letters to charge Archibald Earl of Argyll to compeir personally before the Council the 16th day of Dec. next to answer to such things as shall be inquired of him touching his lying at await for the laird of Ardincapill upoun set purpose to have slain him.”

From the published Register of Privy Council [2]   :-
“1602. The Earl of Argyll had become bound in 20,000 merks that he and those for whom he is answerable should observe good rule in the country and satisfy parties skaithed, Since then the Earl had obtained a commission of lieutenancy, against the ClanGregour dated in March 1601, & still undischarged, empowering him to take surety of the Clan for their good behaviour in future. In accordance with this commission he had convened before him at Stirling the Laird of McGregour, and all the principals of the branches of that name, and thus having them ‘all undir his power’; either took or should, have taken ample surety from them, Yet though the said commision is in full force, the said Clangregour ‘has bene and ar als insolent and als wicked and inhappie a dispositioun as they wer at ony time preceiding and hes committit not onlie oppin and avowit heirschippis and depredationis upoun fair daylicht upoun divers of his Heynes guid subjectis, as namely upoun the Laird of Luss and Buchannane bot alsua they commit daylie prevey stouthis and robberies in all pairtis quhair they may find the commoditie of thair pray.’ . . . For example (several cases follow,) . . . John Galt McGregour having been apprehended by the said Earl as his Majesty’s lieutenant, the said Earl was required to enter him before the King and Council; but although he made sundry promises to his Majesty to enter the said Johne yet he has not only failed to do so ‘bot to the forder contempt of his Heynes’ has set him at liberty. The King and his Council decern the said principal and his sureties to have incurred the penalty of 20,000 merks and ordain letters of Horning &a.”

[1] This sentence does not run very clearly but it is taken from the original account.

[2] An abridgement of a paper in the “Chartulary.” Mention is made of Allaster Galt MacGregor, Duncan Glen MacGregor, and Patrick MacGregor, all brothers, and father’s brothers to Allaster MacGregor of Glenstrae; also of Catternach MacGregor in Lorne, and sundry others, all men tenants and servants to the said Earl of Argyle.