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Amelia Volume 1 Chapter 31


Proclamations, Commissions, &c

[page 396}
“1612. Jan. 9. Letters direct to denounce the Erle of Tullibardin and some McGregours.
“Same date. At Edinburgh. Act against certain McGregours.
“Anent our Sovereign Lord’s Letters direct, making mention for so much as Allane McEanduy of Lochaber upon promise and condition made by him for Duncane, Patrik and Gregor McGregours sons to Patrik Aldoche, Dowgall McCoull oig in Glenbatha, John McEane McGregour and John Dow McPhatrik vy, that they should do some notable service to his Majesty meriting his Majesty’s gracious favour he procured a protection unto them assuring them to be untroubled or pursued by those who were employed in commission against the ClanGregour and containing some other favour and condition unto them Likeas he promised to be answerable for them in the meantime and seeing there are some courses now in hand for settling of the ClanGregour and reducing of them to obedience, Necessary it is, that the said persons give likewise their obedience whereby others by their example may be moved to do the like, And anent the Charge geiven &a which being called and the said &a not compeiring, the Lords of Secret Council have declared and by the tenour hereof declare all and whatsomever protection, favour, condition, and promise made to the said persons to be null and of none avail in time coming. And ordain the same persons to be reputed, held, and esteemed as rebels, traitors and fugitives from his Majesty’s Laws and accordingly to be pursued with fire and sword with all rigour and extremity Like as also the said Lords ordain letters to be directed to the officers of arms charging them to pass and denounce the said Duncane, Patrik, and Gregor McGregouris sons to the said Aldoche, Dougall McCoull oig in Glenbotha, John McEan McGregour, and John Dow McPhatrik vy, his Majesty’s rebels and put them to his Majesty’s horn and to escheat and inbring all their moveable goods to his Majesty’s use for their contemption.

[page 397}
“Jan. 10. A Latin Remission to the McEan duys for various crimes in recognition of their service against the ClanGregour.

“January. Commissioners of Council had this month met at Doune in Menteith and passed several acts for fining the resetters of the ClanGregor. Two Resetters viz Gilbert Graham in Glaschoil and Walter McLauchlan in Blarvoyach had produced Graham of Duchray and Graham younger of Duchray sureties for payment of their fines.

“Feb. 4. The Earl of Argyle judging it reasonable that the above sureties should be relieved issued an order on the principals. - Precept of Poynding, The Earle of Argyle against Gilbert Graham and Walter McLauchlane. Original in Gartmore Collection.

“Feb. 6. At Edinburgh. Another Act anent the fining of the Resetting of the ClanGregour differing very slightly from those already quoted.

“Feb. 12. Alexander Livingstoun of Westquarter became cautioner for ‘Duncane and Allaster Livingstounes, sons to umqle Patrik Aldoch MacGregor.’

“1612. Feb. Item to George Matho Messenger passand with letters to the Mercate Crois of Perth To denounce Patrick and Gregor MacGregor sons to Patrik Aldoch, Dougall McCoull oig in Glenbotha, Johne McEwne McGregor, Johne Dow McPhatrick vy, our Soverane Lordis Rebels. - Lordis High Treasurer’s Books.

“1612. Alexander Stewart of Laggarie is debtor in the testament of Agnes McKean. - Commissary Books of Glasgow. That Alexander Stewart was properly Alexander MacGregor there can be little doubt. Alexander MacGregor had been infeft in Laggarie on a precept of Clare Constat as heir to his father John MacGregor in 1602. - Record of the Burgh of Dumbarton 1602, as cited under that year. He had, of course, taken the protective name of Stewart under the operation of the Act of Secret Council April 3. 1603, abolishing the surname of MacGregor. - See 10th Dec. 1603, where mention of him under both surnames.

“1612. Feb. 25. Although Allan Cameron of Lochyell and Allaster McDonald of Gargavach who have been employed by his Majesty against the ClanGregour &a had expected that their kin and friends would have joined them with their forces for prosecuting that service yet . . . certain of the Camerons and two McDonalds enumerated, said persons having been formerly assisters of the said Allan and Allaster in all their private affairs ‘but now being offendit with thame becaus thay have randerit thair obedience to his Majestie and tane upoun thame the executioun of some of his Majestie’s directionis aganis the Clangregour and some uther brokin men of the Heylandis’ and being ‘loath that ony suche course sould tak effect in thair personis, bot that rather the saidis Allane and Allaster McDonald sould have followit the wickit and unhappie trade of the rebellious Lymmaris of the Heylandis and Illis that thairby thay micht have been the more able undir thair patrocinie and protectioun to have continewit thair iniquitie and wickedness fra the quhilk thay feir now to be reclaimed [page 398} be thame’ have not only refused to assist the said commissioners in his Majesty’s service but avowedly oppose them, declaring themselves to be friends of the ClanGregour and of all broken men so that the execution of the said service is frustrated. Charge had been given to the said defenders to answer and none of them now appearing they are all of them to be denounced rebels.

“1612. March. At this time a skirmish took place between the Earl of Perth at the Head of a considerable force composed partly of MacGregors who had taken the name of Drummond and a body of MacGregors at Tomzarloch, the latter having occupied some houses were dislodged by means of fire applied, when five were captured and six killed. The killed were John Dow MacGregor, Donald Gramich MacGregor VcCulchere, John McPhatrik Nadidin MacGregor VcCulchere, Gregor McEan VcEanan MacGregor Elensisens (Gillespie?) MacGregor. The Earl’s force is thus specified in a pardon issued to them early in 1614, as appears from Mag. Sig. quoted at the proper date.

“John Earl Perth (2. Earl) John Master of Madertie James Drummond his brother Sir Alexander Drummond of Carnock Knight, Alexander brother of Sir William Drummond of Hawthornden, James Drummond of Millness, David Drummond, Chamberlain of Drymen, Thomas Drummond of Drummowhence, x John Drummond of Innerzeldie, x James Drummond his brother, x Duncan Drummond late of Kincart beg, x Duncan Drummond in Pitluir, x Duncan Drummond in Wester Dundorne, James Drummond officer, Patrick Drummond in Dalmarklawis* John Drummond in Auchinskelloch,* Duncan Drummond in Mawia, James Drummond in Balliclone, Patrick Drummond in Williamsoune, x John Drummmond in Wester Dundorne, Alexander Stewart in Port, Alexander Reidheugh* David Malloch, John Drummond of Drummondearnoch, Patrick Drummond forester of Glenartney,* John McCoruther, James Drummond of Pitzalloun* Malcolm McAndrew in Dundorn, James Stewart late in Torry,* James Menzies in Mewis William McNiven in Glen Artney,* John McCoruther in Blairtown, James Dow in Glenkishon.

Mr. MacGregor has marked with a cross those who he considers were MacGregors, adding that more might have been, and several others, who seem probable, are now marked with a star.

“1612. March 6. To the Erle of Argyle. After our very hairtie commendatiounis to your good lordschip Thair hes bene ane petitioune exhibite unto us be the Erle of Linlithgow his tennentis of Calindar in Menteathe and Corychromby craiving that they might be exonerit fra that commissioune grauntit for trying of the resaittis whiche the ClanGregor hes had in Monteithe and they alledgit many ressonis quhairfoir the exemptioune sould be granntit quhilkis althocht in appeirance thay seemed to be verrie ressonable for graunting of the said exemptioun yitt becaus the preparatione [page 399} therof micht carye a verrye greit preiudice to that service, whiche your lordschip hes in handis, we have been spairing in granting of the said exemptioun alwayes we haue thocht meet heirby to requist your lordschip to haue a speciall cair and regaird that all your proceidingis in this busines be well warranted be law, custume, and pratique of the cuntry and nouther the compleneris nor no utheris his Majesties subiectis be trublit unnessarlie witht seuerall dyettis and courtis bot at thair first citatioun & appeirance in judgement thay may be tane ordour with and dismissed, and no just caus of grief and complaint ministrat unto theme, so that it may evidentlie appeir and be known to all men that the speciall cast and proiect of this commissioune is for triall of the saidis resaittis, ouir that under the pretext thairof no vther thing is pretendit we doubt (not) bot your lordschip in your awin honorabill dispositione to equitie and iustice will more considerablie and respectiuellie behaue yourself in that errand, nor can we aduise your lordschip to do, and so wischeing your lordschip a progress & happy succes in that seruice and recommending your lordschip to Godis protectioune we rest for ever your lordschippis verrye louing and good friendis. Signed.

“A Cancellarius Glasgow, Jo. Prestoun, Balfour, R. Cokburne Alexander Hay J. Cokburne Sr J. Hamiltouns clericus registri Edinburghe. - From a copy in the Earl of Haddington’s Collections in the General Register House.

“1612. April 15. Commission against Patrick Dow MacGregor.
“James &c Forasmuch as it is understood to us and lords of our Privy Council that Patrick MacGregour McCotter and John McConochie VcEan duy McGregour two of the most notable thieves, and limmers of the ClanGregour are lately taken and apprehended by the Earl of Perth. Commission given to John Master of Maddertie, and others to try them. - Record of Secret Council, Commissions.

“May 8. Alexander Earl of Linlithgow, Alexander Livingstone of Belstane and James Carmichael of Pottishaw became sureties to the Council for Patrick Livingstone, son of the late Patrick Aldoch.

“May 8. At Edinburgh. In the Court of Justiciary of our serene Lord the King held in the judgment Hall of Edinburgh by Mr. William Heart.

“Entered, - Dougall McGregour alias Dougall McCondochie.
Callum McGregor called McAllestersone.
Duncane McCarlich Culzanie McGregour.
Dilatit for being in company with the Laird of MacGregour and his complices at the raid and field of Glenfrune, in the month of Feb. 1603. and for being in company with the Laird of McGregour [1]   at the burning of Barnehall [2]   pertaining to Colin Campbell of Lawers, where they slew nine men and three bairns, Robert Abroch MacGregor and John Mcfadrik being there with them in company. “June 2. Precept of Remission to Patrick, Alexander and Duncan formerly called MacGregors, now Levingstounes, sons of the late Patrick Aldoch, McGregour in [page 400} Chorychorumbie for art and part in the burning of the houses and outsteads of the lands of Glenlochie belonging to Sir Duncan Campbell of Glenurchy, knight, committed by them in the month (of April) in the year of our Lord one thousand six hundred (and four) and for all other crimes, &a. - Privy Seal, 81-84.”

Note by Mr. MacGregor Stirling. The blanks in this record are supplied by that of the Justiciary, 28th June 1612, which mentions the burning of Glenlochy to have taken place in April 1604, which it will be recollected was a few months only after the father of the three individuals above mentioned had been executed by the verdict of a jury of whom Colin Campbell, younger of Glenurquhy, was one.

“June 18. Letter from William Buchannan of Drummikill to his ‘loving Uncle’ William Buchanan in Drummikill :-
“‘Loving uncle and best friend, I haif ressaved ane direction from the Erle of Argyll his Majesties commissioner to travel with Callum [3]   Gregour to bring him to his Majesties peace and service, Thairfoir I will desyre zow to tak the panis to travell with sik as ze know that hes credeit off Callum to bring him privilie to sum quiet place quhair I and ze may confer with him thairanent, at lynth quhilk sall tend to his weill and I sall schaw zow at meting my credeit in this bissines swa that ze, nor nane uther quhome ze send to him, misters ? to fear or take ony scrupill, for I haif ane sufficient warrand And sua to zour diligens herein and aduertisement I rest zouris brothersone, William Buchannan of Drummikill.’ - From the Kirk of Bonnell. - Original of Letter in General Register House, Edinburgh.

“1612. July 23. Allaster McConnochy VcAllaster in Ardlarich (who seems to have been of the three or four classed with Glenstray’s Tutor in his Majesty’s letter to the Council 23. Oct.) formally in the presence of the Council took the name of Menzies, when the Earl of Argyll was his surety under penalty of 1000 merks. Record of Secret Council. Fines.

“July 24. Next day Alexander Balfour of Currie became surety for Donald and John Balfours sons of the late Patrick Aldoch McGregor. - Records of Secret Council. Fines 1619.

“July 16. At Edinburgh The quhilk day Alexander Levingstoune fear of West Quarter, became plege and souertie for Allaster and Duncane Levingstounes in Callendrech of Menteith in sumtyme of ye surname of McGregour That thay sall compeir &c the 31. instant and underly the law for the allegit airt and pt, of the slaughter of Robert McPatrick oig in Strathyre &a. - Record of Justiciary Book of Cautions.

“Argyll rendered an accompt of his office to the Council this month when seventy of the ClanGregor rested upon him.

[page 401}
“July 28. Commission to Glenurquhie to try Johnne Dow McGregor in Dowletter son to Gregor McEane Patrick and . . . McGregours. sons to the said John Dow presently in his custody. - Record of Secret Council.

“July 28. In the Court of Justiciary of our Sovereign Lord the King held in the judgement Hall of Edinburgh 28. July 1612. by Mr. William Heart of Prestoun Justiciary. Entered
Gregor beg McGregor son to umquhile Gregor Mceane.
Gregor McAllaster galt, [4]  
John Mcindreiche - (Johne Dow McInleith as appears farther down in same),
John Dow Mcgille phadrick Vcrobert,
Allaster Mcallaster Vccoule,
Patrick McGregor Craiginsche,
Duncane McCoule cheir,
Patrick roy McGregor, son to John McPhadrick in Ranache,
Gregor Mceane Vccoule cheir,
Johnne Dow moir McGregor in Rora,
“Dilaitit of certain crimes of theft, slaughter, burning.
“. . . . . .. The which day (recapitulation of the above names) Being all presented upon pannel dilaitit and accused and pursued by dittay at the instance of Sir William Oliphant of Newtoun knicht advocate, to our Sovereign Lord, for his Highness interest, of the crimes respectively following, viz. (the first four names) for art and part of the treasonable raising of fire, burning and destroying of the haill houses and biggings of Glenlochie and Achallater, and for the slaughter of . . . . . McColeane bowman to the Laird of Glenurquhie with divers uyeris persons to the number of eight persons, burning of three young bairns, daughters to Johnn McKishock and for stealing of six score cows and oxen furth of Glenlyoun committed in April 1604. And such like the said (enumerating the next five on the list) being indicted and accused for art and part of the burning and destroying of the haill houses and biggings upon the forty merk land of Aberuchill pertaining to Colene Campbell and for the slaughter of Duncane Webst, John Seatoune, Patrick Stabache, John McGillievorich, burning of the three daughters of John McKishack, stealing and away taking of eighteen score of cows, six score piece of horse, eight score sheep and goats, pertaining to the said Colene and likewise for burning of the mill of Bolquhaster with the haill houses and biggings upon the grounds and, lands of Carne Doune and Dillater pertaining to Robert Campbell of Glenfalloche and of his haill houses and biggings upon his lands of Airdcane, Knochane committed by them in the month of June 1611. Item the said Gregor McGregor beg, for . . the slaughter of umquhile Solomon Lany alias Buchanane committed at the Kirk of Kilmaheug twenty years ago, or thereby, Item [page 402} the said John Dow Mcgillephadrick for . . . . of the stealing and away taking furth of Glenfynles of a great heirschip of cows and oxen pertaining to the Laird of Luss and his tenants, and slaughter of umquhile John Reid webster and Patrick Lang servant to the Laird of Luss committed upon the said lands of Glenfinles in the month of December 1602 And siclike the said John Dow moir McGregor in Rora for stealing and away taking of a great number of goods pertaining to mylord Ogilvie furth of Glenylay And sicklike for taking and keeping of the island called Island varnach against his Majesty’s commissioner and hiring and oppressing of the whole tenants and inhabitants of the country about, taking and inbringing of the haill guids and be all to the number of eight score cows and oxen, eighteen score sheep and goats which were eaten and slain by them within the said island. Item the haill forenamed persons indicted and accused for common theft, common reset of theft, common sorning, and oppressing of his Majesty’s peaceable subjects and for intercommuning with the rest of the surname of McGregours fugitives and at the horn and furnishing of them with meat, drink, and money and keeping of trysts, councils, and gatherings with them contrary to the tenour of his Majesty’s proclamations, were all put to the knowledge of an assize of the persons following” . . . .

After the usual formalities of the assise the Court was re-entered Where the said David Drummond Chancellor in name of the said Assyse all in one voice exponed, pronounced, and declared the said persons on pannel in respect of their own confession to be filled culpable and convicted of the crimes respectively above specified, contained in the dittay for the which cause the justice by the mouth of Alex. Kennedy dempster decerned and ordained the said ten persons to be taken to the burrough muir of Edinburgh and there to be executed &a. - Record of High Court of Justiciary.

“July 28. Precept of Remission on account of the broken state of the Highlands to Duncan McRobert McGregour now called Grahame for the treasonable raising of fire and burning of the barn of Blair-vadden lying within the Dukedom of Lennox in Feb. 1603. as also for the treasonable raising of fire and burning of the places and house of Aberughill belonging to Colin Campbell of Aberughill in the month of . . . . . . . .and for all other crimes. - Privy Seal.

“July. Item to Archibald Armstrong for his pains in attending his Majesty’s service in the Highlands with larg doggis against the ClanGregor, £100. - Lord High Treasurer’s Books.

“July 30. Lord St. Colme gave power to William Buchanan of Drumakill ‘To trait and deill with Callum McGregor’ till 15. August. - Gen. Register House.

“1612. August 21. Commission for trying the Resetters of the ClanGregor. Same preamble as on Nov. 21. 1611. - Record of Council.

“Sep. 11. For wearing hagbutts &a Johnne Stewart in Strangarvalt, Walter Patrick and Duncane Stewartis his brothers, Andro McFarlane in Letter, Duncane McFarlane his brother, William Buchanan in Glengyle, Johnne Grahame son to Alexander [page 403} Grahame in Craigvohtie, Andro Grahame his brother, Robert Mcclarrane in Balquhidder, Mcclairrane his son there, Donald McCallum there, Gregour McGregour McCoulle and Duncan Fergussoun in Strathyre. - Record of Council.

“The Secret Council wrote to the King that the Earl of Argyle had exhibited eleven individuals of the ClanGregour resting upon him at the former account and who had changed their names and found caution.

“1612. Sep. 18. Pleis zour sacred Maiestie The Erll of Ergyle compeiring this day befoir zour Maiesties Counsaill he exhibite elleven of that nomber of the ClanGregor resting upoun him be his formair accompt who he changeit thair names and found caution conform to the ordoure He hes a warrand grantit to him for his repair towards zour Maiestie according to zour pleasour and directioun signifeit unto us be zour Maiesteis letrs of the 7. of this instant and he hes nominat the Laird of Lundy his bruther to have a care of the prosequtioun of that service till his returne, who hes undertane the chairge with promisses to do his endeavour to bring the same to some settled perfectioun. We haif had sundrie conferences anent the bairnes of the ClanGregour and hes consultis and advysit heirupoun with the Landlordis whose aduice and opinioun is, that that string sall not be tutcheit nor no motioun maid thairof quhil the service now in handis aganis the men be first settled and brocht to ane end at whiche tyme the executioun of everie suche course as salbe then resolved upoun aganis the bairnis may with the lesse difficultie be effecheat This is all that hes been done with him at this meeting so with oure heartie prayeris unto God recommending zoure Maiestie to Godis divyne protectioun we rest zour Maiestie’s most humble and obedient subiectis and servitouris. - Al. Cancells. Alex. Hay of Edinburgh. Original of letter, in Sir James Balfour’s Collections in Advocates’ Library, Edinburgh.

“Sep. 18. Argyll nominated his brother Coline Campbell of Lundie to have charge of the ClanGregour as above. He declared that quhairas the Kingis Maiestie was graciouslie pleasit that he sould repair to court for some necessar occasionis of his advis and he being loath that in the tyme of his absence his Maiesties service aganis the ClanGregour sould be neglectit Thairfoir &a Lundie being present accepted the charge.”

From the “Register of the Privy Council,” edited by Dr. Masson.
“1612. Oct. 5. Letter from the Council to the Commissioners against the ClanGregour. We have ressavit from the Lord of Scone four of the Clangregour who wer laitlie tane be Duncane the Tutour and we undirstand by a letter sent unto the said Lord that Duncane hes apprehendit and tane Patrik Aldoche and his bruther Duncan Wherein we acknowledge that the Tutour hes weill begun in that service and we do look that he will continew not onlie by a present deliverie of these tua now in his handis to the effect that thay may be exhibite heir befoir the Counsale bot likewise [page 404} that he will prosequte that service undirtane be him to the uttermost and quhat promeis and conditioun hes bene maid to him he may confidentlie expect the performance of the same.”

From the “Chartulary” :-

“Nov. 24. The Erll of Ergyll contra Wm. McIntosch Anent our Souerane lordis lettres raisit at the instance of Archibald Erll of Ergyll his Maiesties Lieutenant justice and commissionair aganis the Clangregor Makand mentioun That quhair Duncane Mceane Vceaneduy McGregor in Rannach ane common and notorious thief being taen and apprehendit at the said Erlls directioun be Williame Mcintosche of Bordland, Neuertheles the said Williame hes not deleurit to the said Lieutenant the said Duncane, bot keipes him still in his handis of purpois, and intentioun as the said Erll is informed, to put him to libertie. - Secret Council.

“Nov. 22. Patrick Drummond in Darmaglen (Dalmarkland) and Duncane Drummond McAllaster in Dundurne are fined each in £5 for shooting with guns and killing Roebucks, by the Justices of the Peace in Perthshire.

“1612. Dec. 10. Argyll complained to the Council of Duncan McQuorquordale brother of Duncane McQuorquordale of Phantillare and John Dow McQuorquordale suspected guilty of the slaughter of Glenfrune &a and having their haunt in the bounds of Argyll. - Secret Council.

“Dec. 12. At Edinburgh the 9. Duncan McCorcodell of Fantelands became plege and souertie for Lauchlane McCorcodale Notter his brother That he sall compeir the 16. day of Marche next to come and underly the law for ye allegit being in cumpanie wt umqle Allaster McGregor of Glenstrae and his complices at ye raid of Glenfrune. under the pane &a. - Record of Justiciary.

“1612. Dec. 12. Lauchlane McQuorquordill brother to Duncane McQuorquordill of Phantellene and Johnne Dow McQuorquordill charged for resett and assistance to the ClanGregour.

“Dec. 22. The Council fined twenty-nine individuals who by the report of the Commissioner for trying them for intercourse with ClanGregour, had been convicted on their judicial confession.
*John Dow Mcean Vcphatrick brother to the goodman of Tullochgorme,
*Ewin Grant in Turk,
*John Mccondochy in Gartbeg,
*Andro Shaw in Glenscharnoch,
*John McWilliam Vceane in Tulloch,
Patrick oig Mcthome Grant in Rimor.
*William beg Mceane Vcangus in Dill of Abernethy,
Angus McWilliam in Inneresche in Badzenoch,
John Dow in Innerhaven,
Donald McAllaster Roy in Foness,
[page 405}
Allaster Dow McConneil reach in Trombeg,
William Smart, burges of Tayne,
*Alexander Murray sometime MacGregor in Ardclathie,
Alexander Murray his sone,
* William Gau in Rothiemoune,
*William Mcfinla Mcdonche in Drum,
*Duncan Grant in Ledach,
John Ross of Holme,
John Grant of Glenmoriston,
Archibald Grant his brother,
*James Mcconneill voir in Dalvert,
Donald Campbell of Duntrune,
Gillespie McClauchlan Vcolchollum of Ashacha,
Duncan Stewart of Innernathavil,
John Abroch of Glenwan,
Duncan Ochoather Leyt in Donoleyt beg,
Duncan McPhadrick Vcnichol in Bowlipdowich,
Duncan Mean Vcewin Vcdougall in Millich,
John Stewart of Ardsell.
These are ordered to pay within ten days Certain were 3. June the following year put to the horn. - Record of Secret Council.”

[Those thus marked * were, on the 3rd June 1613, put to the horn.]

[1] Probably the “Tutor” Duncan McEwin MacGregour.

[2] Aberuchill.

[3] “Malcolm oig McGregor VcDougall keir” Chieftain of his House.

[4] Youngest son of Allaster Galt.