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Amelia Volume 1 Chapter 33


Fines &a

[page 419}
“1613. July 3. The which day Sir Duncane Campbell of Glenurquhie Knight, directed, and sent here to this burgh . . . . McGregour son to umqle Johnne Dow McGregour, who was delivered to the provost of Edinburgh and by him directed and sent with his own man to the Tolbooth of Edinburgh.

“1613. July 8. An Act whereby the Earl of Ergyll yielded to give unto his Majesty £22. 10. out of every hundred pounds which he shall receive of the fines of the resetters of the Clangregour.
“Charges ordained to be directed against the landlords of the Clan who have not taken the bairns of the ClanGregour off the Laird of Lawers’ hands, for payment to him of 22 merks out of every one of their merklands possest formerly by the ClanGregour. - Record of Secret Council.

“July. Names of Sederunt. Act anent the fynes of the Clangregour. The quhilk day in presence of the Lordis of Secreit Counsaill compeirit personallie Archibald Earl of Ergyll his Majesties Lieutenant and Justice against the Clangregour, and donatour to the haill fynes whairin the persone or personis quhatsumevir, resettaris, and intercommanaris with the ClanGregour ar or salle decernit, and adjudged for thair resett, supplie, and intercommoning with thame. And maid ane free and willing offer to his Majestie of the soume of tuenti pundis 10 shillings, out of every hundreth pundis of the saidis fynes quhilkis ar alreddy or heirefter salbe discernit againis the saidis resettaris, suppliearis, and intercommonaris, with the said ClanGregour. Sua that his Maiesteis Thesaurair and officiaris in his Maiesties name may freelie and peaceablie intromitt thairwith at thair pleasour. And he promised to be comptable to his Maiesties Thesauerair and ressavearis, for the said soume of £22. 10. oute of everie hundreth pundis of the saidis fynes alreddy intromettit with be him or quhilkis heireftir salbe intromettit with be him.

“July 4. An Act anent the fining of some resetters of the ClanGregour.

[page 420}
“July 15. The Earl of Linlithgow anent Patrick Aldoch’s son. The which day in presence of the Lords of Secret Council compeired personally Alexander Earl of Linlithgow and James Carmichael of Pottieschaw and of their own consents took the first day of Oct. next to come, for the entry, and exhibition before the said Lords, of Duncane, Patrick, and Alexander Levingstonis sons to umqle Patrik Aldoche and John Levingstouns sons to umqle Johnne McGregour in Glenoglill, for obedience of the letters and charges executed against them for this effect. - Record of Secret Council.

“July 22. Act anent the payment of the fynes of the resetters of the ClanGregour. - Record of Secret Council.

“July 27. Charge for exhibition of Johnne Gromach McGregour ane common and notorious thief apprehended by Johnne Gordoun of Buckie tane off his hand be Colene Campbell of Clunes, who laid him upon Charles Robertson in Athoill. - Record of Secret Council.

“July. Item to George Mathew messenger, passing from Edinburgh with Letters to charge James Earl of Murray, James Lord Madartie William Lord Murray Mr. of Tullibardin, Sr Duncan Campbell of Glenurquhy, Alexander Menzies of Weymes, James Campbell of Lawers _______Campbell of Glenlyoun Johnne Campbell of Caddell _______Robertson of Strowan Duncan Menzies brother to the Laird of Weyme and John Campbell Brother to the Laird of Lawers. To compeir personally before the Council the 22 day of June instant, to hear and see them, and every one of them decerned to make payment to our Sovereign lord’s Thesauerers Depute of the sum of £60 for every merkland pertaining to them which was possest by the Clangregour at the term of Whitsunday 1610, or else to show a cause why the same should not be done, with certification &a and with letters to be published at the Market Crosses of Perth and Forfar discharging all meetings, and conventions of the McGregours, above four persons, under the pain of rebellion. £12. Similar Charges to Earls of Argyll, Linlithgow, Monteith, Lairds of Luss, Buchannan, Keir, Shaw of Cambusmoir, Shaw of Knockhill, Graham of Boquhappil, and Naper of Merchiston, and similar proclamations as to MacGregours, at Stirling and at Dumbarton. And such like passing with letters to be published at the Market Cross of Inverness. Discharging the assemblies and meetings of the ClanGregour in any number exceeding four persons allernallie, under the pain of death. £13. 6. 8. - Lord High Treasurer’s Books.

“July 29. Act in favour of the Landislords of the ClanGregour. Anent our Sovereign Lords letters making mention for as much as (at) a meeting and conference betwix the Lords of Privy Council and some of the Landlords of the ClanGregour upon the 28. day of May 1611 there was a free and willing offer made to his Majesty by the landlords of the sum of three score pounds out of every merkland pertaining to them, which was possest by the ClanGregour at the feast and term of Whitsunday. 1610. And anent the charge given to the landlords of the ClanGregour underwritten [page 421} They ar to say. Archibald Earl of Argyll, James Earl of Murray Alexander Earl of Linlithgow, William Master of Tullibardine, James Lord of Madderty, Alexander Colquhoun of Luss, _______ Buquhannane of that Ilk, Johnne Napier of Merchiston, James Reidheugh of Cultibragane, Alexander Menzies of Weyme Sir Duncan Campbell of Glenurquhie Duncane Campbell of Glenlyoune, Robertsoune of Strowane James Campbell of Lawers Johnne Campbell his brother, Sir Archibald Stirling of Keir Mr. James Shaw of Knockhill Alexander Shaw of Cambusmoir, William Earl of Menteith, and Thomas Graham of Boquhappell, and Duncan Menzies, to have compeired personally before the Lords of Secret Council at a certain day bygone, to have heard and seen them, and every one of them, decerned to make payment to his Majesty’s thesauerer and officers in his highness’ name, of three score pounds for every merkland pertaining to them, which was possessed by the ClanGregour at the same term of Whitsunday 1610. or else to have shown a reasonable cause why the same should not be done with certification &a, Appearance made for a number of the said landlords. The note forsaid, bearing the offer made by the landlords, in the matter above written, produced by the said Lord Advocate, for instructing of the libel being read, heard, seen, and considered The Lords of Secret Council find, and declare, that the note foresaid containing the offer abovewritten can no ways astrict, or oblige the said landlords in payment of the sum above specified, because of the whole number of the Landlords above written, there were only six of the meaner sort that made the said offer and of these six, the Laird of Glenurquhy who was principal, made his offer conditionally, and with a protestation, which did in effect liberate him of his promise, and further the note foresaid wanted certain solemnities requisite in an act obligatory, and therefore assoilzies the said landlords from this pursuit.

“1613. August 3. Sundry persons Dilaitit of certayne crimes specified and amongst others ‘of the crewall slaughter and hocheing of threttie heid of ky, oxen, and vther bestiall,’ pertaining to Mr. William Campbell of Breachlie, his tenentis 25 May last and for art and part of slaughter of ‘fourtie heid of guidis,’ within the Forrest of Leonache committit upoun the Mononday befoir St Colmmess last. As also the said Johnne McFindla McGuibin, off airt and pairt of the slaughtir of umqle McGreggie Roy in Budyet with ane durke committit be him a tua zeir sync or yairby And for being in company with Robert Abroche McGregour, his kyn, freindis, Thevis and sorners, by the space of ane moneth in duerse yair, wikit and theftious deidis. - Assisa.

“August 13. The same day the Laird of Grant sent out a company of men to have taken Duncan McVeanduy who having in his company five McGregours, is beset by Grant’s men; he and four of his men escape, the fifth being a poor fellow, and given by the Landlords to be thresher in a barn, is hurt and taken. Duncane himself fled to the Earl of Enzie with whom he is presently in company. - Balfour’s Collections.

[page 422}
“August 25. Charge against the Landislordis of the ClanGregour. Forasmuch as the landlords of the ClanGregour being so heavily oppressed with that wicked and unhappy generation of the Clangregour as divers of them would willingly have given the one half of the lands possest by the said limmers, for assurance of the other, His Majesty to his exceeding great pains, charges, and expenses, caused take such pains for rooting out of that accursed race as now the haill rooms formerly possessed by them are in the peaceable possession of the Landlords without fear or trouble of the ClanGregour. The consideration whereof moved the said landlords to make a free and willing offer to his Majesty of a certain contribution and sum of money to be paid out of the lands possessed by the ClanGregour; most unthankfully and undutifully they have gone back from that which willingly they had offered Therefore ordains letters to be directed charging” (recapitulation of the names of the Landlords with little variation) “To compeir personally before the said Lords upon the 16. day of Nov. next to come to hear and see his Majesty’s will and pleasure concerning the course which his Majesty intends to prosecute and follow out against the ClanGregour hereafter. Intimated to them under the pain of rebellion.’

“Sep. 10.
“ ‘JAMES REX.
“ ‘Right Trusty, wee grete yow well Understanding that Allaster McAllaster McGregour is apprehended by the Laird of Graunte and Duncane vickeanduy by the Lord Gordon Wee have thought good by these presents to will and require you to send for the said Allaster and Duncan and committ them to safe custodie suffering none to have access unto thame without speciall license from yourselves till you shall be advertised of our further pleasur concerning them which not doubting but with all expedition you will do, We bid you farewell at our castle at (Windsor) the tenth of Sep. 1613. - General Register House, Edinburgh.

“Sep. 15. According to his Majesty’s direction charges are directed against the Laird of Grant, his wife, brother, and other keepers of Allaster McAllaster McGregour for delivery of him to one of the guard who is directed to receive him and bring him here and the Erll of Murray is appointed to send three or four men to assist and guard in bringing of the said McAllaster here. The Council has written to the Erll of Enyee to send Duncane Vceanduy here and at their coming, they will be kept conform to his Majesty’s direction. - Balfour’s Collections.

“1613. Sep. Item to messenger passand with lettres to charge the Landlords before specified To compeir personallie befoir the counsall the 20 day of Nov. to heir and see his Majesteis will and pleisour concerning the course quhilk he intendis to prosequute aganis the Clangregour, heireftir intimat, and declarit, to them to the effect thay pretend na ignorence. under the pane of rebellioun, - High Treasurer’s Books.

[page 423}
“Same date. Act of Secret Council, against the resetters of the Clan, about 150 are fined.

“End of Sep. ‘Off the haill names of Clangregour delyverit in a booke to the Erll of Ergyle of whom he wes ordainit to gif ane accompt, thair is bot aboute tuentie persones resting upoun him, of whom Allaster McAllaster and Duncane Mceanduy, being the principallis, Allaster McAllaster is depairted this lyffe laitlie, in the Laird of Grantis house, and Duncane Mceanduy being in the Erll of Enyee’s handis the counsall hes written to the Erll to exhibit him. The rest of thir McGregouris is bot unworthie poore miserable bodyis.

“Charge to all the landlords to appear on the 15 Nov. as before.

“Nov. 18. The Landlords of the ClanGregour being summoned to the 16 day of this instant, anent that contribution promised for making of their lands peaceable, a number of them compeiring, the rest being absent They who compeired, except the few number, who at the first consented to the payment of the said contribution, refused altogether to contribute to that eirand alledging that the consent of a small number of their neighbours could on no ways bind or oblige them, and the Laird of Glenurquhy in respect he had done service himself against the Clangregour, and had sustained great losses and skaith by them, he stood by his first protestation made against the payment of the said contribution, and although remonstrance was made unto them of the pains his Majesty had taken by his officers, and ministers in that errand, the great charges which his Majesty had sustained, therthrough, and the good effect and success flowing from his Majesty’s travels (travails?) to the ease, comfort, and relief of the landlords, and freething of them from the oppression of that race, yet they could nowise be induced to consent to the said contribution, whereupon the Council continued them to this 17. day of Nov. and in the meantime thay were privately dealt with, to give unto his Majesty satisfaction, but, no entreaty could move them to yield, And they being this day of new brought before the council and at length heard some of the council, were of opinion, that the consent given by some of the landlords ought, and should bind, and oblige the, whole remanent, because the action for the which the contribution was craved was common to all and they were all conjunct partakers of the benefit of that service, The most part of the council, were of opinion that the consent of a small party could nowise engage nor bind the rest, and so by a plurality of votes it was resolved in this, the absentees in respect of noncompeirance to defend, and these who consented or decerned to pay, the dissenters are dismissed without an answer. It was objected by some of these who consented that the service was not yet ended, and that the causes for which the contribution was granted, were not fully accomplished; the council has appointed unto them Tuesday next to give in the particulars in writing, and the Earl of Argyll to answer thereunto Some course will be taken with, the bairns of the ClanGregour at this next meeting with the landlords. - Balfour’s Collections.

[page 424}
“1613. Nov. 24. The Lords ordain the landlords of the ClanGregour to convene the morne in the laiche toun counsalhous of Edinburgh, and there to make a catalogue, and roll of the haill bairns of the Clangregour presently in hand, making special mention of their ranks, age, qualities, and whose sons they are, and in whose keeping they presently remain, and to report the toll upon Thursday to the Council with their opinion what farther is to be done anent the service of the Clangregour committed to the trust of the Earl of Ergyll [1]   . - Record of Secret Council.

“Commission, Mr. James Kirk for trying of the resetters of the Clangregour within Ergyll and Tarbett. - Ibid.

“Nov. 26. Letter Sir Thomas Hamilton to the King.
“ ‘Most sacred Souerane.
“ ‘These days bygone your Majesties council have dealt with some of the Makgregours landlords, who being summoned, compeired before them the (rest being absent) To give their advice anent the order to be taken with the rebells children, wherein the care of these landlords appeared to be rather to disburden themselves and the highlands of these children, and to have them transported and kept besouth Forth and Clyde, nor to propose any overture for the general good of the kingdom which the Council has not allowed because, the landlords being the men most interested in the extorpation of the Clangregour, in respect of the relief of their dangers, and daily troubles, and making their lands formerly possessed by these rebells peaceable, and profitable to themselves, they had neither bestowed travels, nor charges in their pursuit, but left all the burden upon your Majesty, and being now pressed to pay their contribution which some of them had long ago promised these would have revoked their promises, and the rest being absent, and not having given their express consent, thought that no lawful decreet could be given by the council, to compel them to pay. And albeit they allege that if the bairns rise to men, they may be of number and power, to renew the trouble of the country, yet it is found by particular examination, that there is not ten of these children above the age of five yeears And the landlords confess that if order were taken with ten or twelve, who are the sons of chieftains, the whole remnant of that number are so base and beggarly, that they will never be able to make trouble. The council finding the landlords so unwilling to pay their contribution, think it fittest, to leave the charge of the bairns upon them until they consent to some such overture, as may secure the country from their future rebellion. And because the small number of mean landlords, who at first consented to pay the contribution, complain of their double burden of contribution, and enterteining the children, the council has thought to supersede the exaction of that contribution, until some more solid order be taken with the bairns. Suspicion is conceived that Glenurchie, Lawers or some other landlords may by their letters, or otherwise inform your Majesty, that it is necessary that the bairns be transplanted to the lowland, which course the council is [page 425} not likely to allow Therefore eschewing your Majesty’s trouble by their importunity it appears fit that the matter be remitted to the council but if your Majesty conclude anything to the contrary, I shall ever yield that obedience, and employ such diligence in accomplishing your Majesty’s directions, which my faithful duty and your Majesty’s gracious favours, does strictly require. So praying God to grant your Majesty long life constant health prosperity and contentment rest &a &a.’

“1613. Nov. 30. An act anent the bairns of the Clangregour and an act anent the compt by the Erll of Ergyll.

“Charge against the Erll of Perth and Lord Madertie for exhibition of Robert Abroche and Charges against the Laird of Grant for exhibition of the Clangregour being in his hands. Charges against the Erll of Enyee for exhibition of McGregour being in his hands. An Act relieving the landlords of all payment of the contribution in respect the burden of the bairns is laid upon them.

“Same date. There have been divers meetings with the Erle of Ergyl and the landlords of the Clangregour, anent this last accompt, made by the Erle upon the accomplishment of that service, and what course was most fit and expedient to be taken with the bairns who were apprehended by the Laird of Lawers, And the landlords were deeply sworn to declare the truth of that, which rested in the accomplishment of the service. And this being the appointed day for making the accompts, and for hearing of the objections proposed by the landlords against the same, the Erll gave in a roll containing the names of these who rested upon him at his last accompt, made in the June last, being thirty persons in number or thereby This number he has reduced to twelve persons who are to be declared fugitives, and outlaws, and accordingly to be prosecuted with fire and sword, and proclamations are to be directed against the resetters of them, besides this number there are two persons and one in the Erle of Enyees hands against whom charges are directed for their exhibition, and charges are to be directed against the Erle of Perth and the Lord Madertie for the exhibition of Robert Abroche and Gregor Gar McPhadrick VcConneil who as yet have not found caution nor given their obedience.

“There have been divers conferences anent the bairns, and sundry overtures have been proposed to the landlords thereanent whereunto they could not agree, so that the first course which was agreed upon in the month of June last, anent the distribution of the bairns among the landlords, according to the proportion of their merklands was thought meet to be followed out. The small number of landlords who consented to the contribution of £60 out of the merkland, finding that this course anent the distribution of the bairns, among the haill landlords, brought a double trouble upon them, making them subject both to the payment of the contribution, and to the entertainment of the bairns, wheras they who dissented from the contribution, being the greatest number, and of the best rank, were only subject to the entertainment of the bairns. They therefore not only protested against the payment of the contribution unless they were [page 426} free of the bairns, but with that they made offer to receive the bairns, with condition to be free of the contribution. The council having advised upon this proposition, and finding that with reason, they could lay no burden of the bairns upon those, who consented to the contribution, seeing their consent was conditional to be free of all farther trouble and burden of that race, and considering therewithal, that they were but a small number who consented, and that their parts of the contribution were of little avail, they therefore thought meet to take hold of this proposition, and offer, and proposed the same to the haill landlords who were present, who have consented thereunto, upon these conditions To wit, that the bairns shall be equally distributed among them according to the proportion of their merklands, that they shall be subject to keep them furthcoming and answerable, whenever they shall be called for, until they be of the age of 18 years, at which tine they shall exhibit them to the council to be then taken order with as shall be thought meet under such a pecunial pain as shall be agreed upon, answerable to the rank and quality of every bairn, if the bairn shall happen to escape from his keepers, the resetter of the bairn, shall not only be held to relieve the landlord who had the keeping of him, of all pain and danger that he may incur through his escaping, but likewise shall be subject to such an arbitral censure, and punishment, as the council shall inflict upon them. The bairn so escaping, being within 14 years of age, shall be scourged and burnt on the cheek for the first escape, and for the next escape shall be hanged, and if he be past the age of 14 years, he shall be hanged for the first escape, and proclamations are to be directed and published therupon.

“The clerk of Register, and the lord Kilsyth are to meet with the landlords, and by their advice to make a catalogue and roll of the haill bairns, and accordingly to make a distribution of them and to set a sum upon every bairn according to the which sum the keepers shall be answerable for them. The first question proposed by the landlords upon the point of accomplishment of the service, was the decease of some of the cautioners for the Clangregour, whereby they are of opinion, that the cautioner being dead the party for whom caution was found was free, In this point they recieved satisfaction in respect of an act of parliament bearing that all cautioners taken for the good rule and quietness of the Highlands and the borders, shall oblige the heirs of the cautioners as well, as the cautioner himself. The next point proposed by them was against insufficiency of some two or three of the cautioners, In this point they were satisfied by directions given for renewing of these cautions. Thirdly they objected against the Erle of Ergyll, as not being a good caution, to this it was answered that the Erle was the best cautioner they could get seeing he was answerable and obedient to the law, and more able to relieve (reduce ?) these for whom he was caution, under obedience, than any other cautioner was. Fourthly they urged transplantation of all those who have found caution, this was thought most unreasonable, as being a means [page 427} to break them all loose, and to bring their cautioners in trouble and danger, seeing the most part of their cautioners have them on their own lands, and would not have been caution for them if they had known of any such motion anent their transplantation. Ballour’s Collections.

“Dec. 1. The which day in presence of the Lords Kilsyth and Clerk of Register, who were appointed to take up a catalogue and roll of the bairns of the Clangregour, compeired personally the lairds of Glenurquhie elder and younger, Buchannan, Weyme, Lawares, and Makfarlane Duncan Meanyees of Comrie, and Robert Campbell of Glenfalloch and gave their solemn oaths to give up according to their knowledge a true roll of the haill bairns of the Clangregour who are presently outlaws, or have been slain or executed or departed this life as outlaws, and according to their oath they made a list and roll of the said bairns, and divided them in three ranks, to wit, the bairns of chieftains, the bairns of under chieftains, and the bairns of the inferior sort, being in number fourscore or thereby the oldest of them not past thirteen years of age, and the most part about eight, six, and four years old. The bairns are to be distributed among the landlords according to the proportion of their lands, the extent whereof was likewise given up, by the persons foresaid upon their oath of verity the pain enjoined to the landlords for keeping and presenting of every bairn of a chieftain £200 for every bairn of an under chieftain £100 and for every bairn of meaner sort £40. The havears and keepers of such bairns as come not in the Laird of Laweris hands are by proclamation commanded to keep them, under the pain foresaid.

“Such persons of the Clangregour as were omitted out of the book and roll given to the Erll of Ergyle by the landlords, are to be inserted in the fugitive roll, and accordingly are to be prosecuted, and pursued, because they lie out, and have never offered their obedience. - Balfour’s Collections.

“1613. Dec 2. The Marquis of Huntly being written for, for giving his opinion anent the form of proceeding against Allane Makeanduy, excusing himself, by reason he was somewhat diseased. Committee appointed 9. Dec. - Balfour’s Collections.

“Same date. The Lords assign the 15 day of May next to Johnne Gordoune of Buckie for exhibition of Johnne Gromach McGregour. - Record of Secret Council. “Dec. 21. James &a. Whereas of our special grace, and mercy and for pacifying the rebellious provinces of the Irish in our kingdom of Scotland, we have forgiven our lovit Duncane Dowglas formerly surnamed McGregour of Morinsche, now Tutor of Glenstra, the displeasure of our mind, royal opinion (sectam regiam) and all process which we had either intended, or may intend, or might in any way intend, for the treasonable burning of the Barn of Blairwaddane lying within the Dukedom of Lennox, committed by the said Duncan in the month of February 1603. and for all other crimes. - Record of Privy Seal.”

[1] This Roll would be extremely interesting, but no traces of it can be found