saids sir Duncan Campbell and Archibald | Campbell, and haill remanent persons above named, have comitted the crymes and paines of high treasone, rebellione, and lesse majestie, and ar actors airt and pairt theroff, which being found by ane assyse, they ought to be punished with lyfe, lands, and goods, to the terror and example off others to committ the lyke heirefter. Patrick M'Arthur, off Inchrenie, John M'Il- His Majestie's Advocat produced the criminal letters, with the executions theroff, duly exe-jestie's advocat declares he insists against the cute and indorsit against the saids defenders, and the nearest of kine of such of them as ar dead, by a pursevant and trumpeter, with displayed coat, sound of trumpett, oppen proclamatione, and useing other sollemnities necessar; compeired lykwayes Patrick Wilsone Carrick pursevant executor of the saids letters with William Hoome pursevant and Alexander M'Naughtoune, indwaller in Edinburgh; Georg Colle Chapman, iu Leith; James Kello, indwaller, in Edinburgh; James Leith, coachman, younger; and John Goodwillie, trumpetter, bis witness, and being solemnlie sworne in precence of the justices and assyse made faith upon the truth and veritie off the samen in all poynts. fornamed persons for their being in rebellione with the late Argyle in maner mentioned in their dittay. And the saids haill fornamed persons, as also Mr. Thomas Forrester, minister; John Guthrie, Alexander Campbell, off Sonnachan; John Nisbitt; and Donald M'Ilvernick, of Ardmabrick; being oft tymes called to have com peired befor the saids lords this day and place in the hour of cause, to have underlyen the law for the treason above specified, mentioned in ther dittay, as they who wer lawfullie for that effect lawfull tyme of day bidden, and they nor non of them compeired. The lords justice generall and justice clerk, and remanent commissioners of justiciarie, therfor be the mouth of John M'Kenzie, macer to the court, His Majestie's Advocat lykways produced decerned and adjudged the baill fornamed perane act of his majestie's privie councill for persons to be ontlyes and fugitives from his masewing the persons lybelled, wheroff the ten-jestie's lawes, and ordained them to be put to the horne, and all ther moveable goods and gear to be escheat and inbrought to his ma nor follows: INTERLOQUITOR. EDINBURGH, September 11, 1685. The Lords of the comitte of his majes-jestie's use, for ther contempt and disobedience, tie's privie council for publict affairs, doe which was pronounced for doome. heirby give order and warrand to his majesties advocat for processing befor the justices, sir Duncan Campbell, off Auchinbreck; Campbell, off Barbreek; -Campbell, of Knap; and all other persons who ar informed to have been engadged with Argyle in the laite rebellione, befor the lord justice generall, justice clerk, and remanent commissioners of justiciarie, upon the head off treasone and rebellione, and previously to examine wittnesses thereanent befor the saids lords conforme to his majesties letter. Extracted by me. Sic Subscribitur, COLLINE M'KENZIE, Cl. St. Con. The haill persons insisted against by his majestie's advocate, primo loco, for ther forfaulture at this dyett ffollow: sir Duncan Campbell, off Auchinbreck; Donald Campbell, off Barbreck; Mr. Archibald Campbell, son to the lord Neill Campbell; John Campbell, younger, off Melfort; John Cambell, of Koap; Mr. Alexander Campbell, advocat; Dugall Cambell, off Kilberry, younger; Alexander M Millan, off Drumoir; Donald M'Neill, of Creir; Duncan Campbell, off Carridell; Alexander Campbell, off Oatter; MajorHenrysone; captaine John Foulertoune; Mr. Georg Wishart, preacher; Mr. Alexander Heastie; Robert Elphingstoune, off Lapnes; captaine John Henry; Patrick Campbell, sone to Mr. John Campbell, called Black Patrick; The Lords, conforme to the tenor off the forsaid elevent act, first sessione, second parlia ment king Charles the Second, did proceed to consider and give ther Interlocutor upon the lybel against the persons insisted against, wheroff the tenor ffollowes:-The Lords Justice Generall, Justice Clerk, and Commissioners off Justiciarie, haveing considered the lybell persewed by his majestie's advocat against the persons above named, with his majestie's advocates declaration, wherby he restricts the lybell in ther being in the rebellione with the late Argyle relivant, and remitts the samen to the knowledge of ane Assyse. ASSISA. Sir Wm. Hop, off Grantoun; David Hepburne, of Randefoord; The Assyse lawfullie sworne, no obligatione off Elphistoune, off Lapnes; captaine John Henry; law in the contrair. His Majestie's Advocate for probatione adduced the witnesses, efter deponing, who wer all lawfullie sworne, purged off malice, prejudice, ill-will, hatred, and partiall councill, they are to say: Duncan Campbell, younger, off Allangreig, aged twentie-eight years, or therby, married, purged and sworne, depons, That he did see sir Duncan Campbell, off Auchinbreck, in company with Archibald laite earle off Argyle, and with the other rebells, in June last; and that he did see him in armes, and particularlie at Tarbit, and the castle of Allangreig; depons that he did see Donald Campbell, off Barbreck, in company with the saids rebells, in armes at Tarbat; depones he saw Mr. Archbald Campbell, sone to the lord Neill Campbell, armed with a sword, with the rebells at Tarbat, and that he did see John Campbell, younger, off Melfort, in company with the rebells, and lyk ways sawe Campbell, of Knap, in company with the rebells, in armes at the place; depones, he saw Mr. Alexander Campbell, advocat, in company with the rebells, in armes at Tarbat; depones he saw Dugall Cambell, of Killberry; Alexander MMillan, off Dunmoir; Donald M'Neill, of Creir; Duncan Campbell, off Carridell; Alexander Campbell, of Ottar; Captaine John Foulertoune; Robert Elphinstoune, of Lapnes; Pattrick Campbell, called Black Patrick, sone to Mr. John Campbell; John M'Arture, of Inshrenie; Archibald MIlvernoch, of Oab; Iver M'Iver, allias Campbell, off Aishneish; Dugall M'Avish, off Drunardrie; Neill Cambell, off Eunachan; Campbell, off Killdevin; Ker, of Kerswald, younger; John Campbell, off Dargashie; and Robert Campbell, his brother; Alexander M'Arture, captaine to the laite Argyle; all off them in company with the late Argyle, and the other rebells, in armes, in June Jast, in the West Highlands; particularlie some off them he sawe at Tarbat, and the rest off them with Allangreig, causa patet; for he was present and saw what he has deponed, and this is the truth as he shall answer to God; depones he knowes the haill persons above named. (Signed) DUNCAN CAMPBELL. LINLITHGOW, I. P. D. Com. Duncan Campbell, elder, off Allangreig, aged fiftie-six years, or therby, maried, purged and sworne, depones that he sawe sir Duncan Campbell, off Auchinbreck; Donald Cambell, off Barbreck; Mr. Archibald Cambell, sone to the lord Neill Cambell; John Campbell, younger, off Melfort; John Cambell, of Knap; Mr. Alexander Cambell, advocat; Duncan Camp. bell, of Kilberry, younger; Alexander M'MilJan, off Drumoir; Donald M'Neill, off Crier; Duncan Campbell, of Carridell; Alexander Campbell off Oatter; Major Henrysone; captaine John Foulertoune; Mr. Georg Wishart; Mr. Alexander Haistie; Robert Patrick Cambell, called Black Patrick, sone to Mr. John Campbell; Patrick M'Arture, off Inchreny; Iver M Iver, allias Campbell, off Ashnish; Dugall M'Avish, off Danardrie; Neill Campbell, off Eunachan; John Campbell of Kildalivine; Kerr, off Kersland, younger; John Campbell, off Dargashie; Robert Cambell, his brother; and Alexander M'Arture, captaine to the laite Argyle; all of them in armes, with Archbald late earle of Argyle, and with the rest off the rebells, at Tar bat; and att severall other places, in the west highlands, the tyme lybelled; depones Alexander M'Artur was captaine off the castell of Allangreig, which Argyle keept out against the king, causa securitate [possibly scientiæ], he sawe as he heir deponed; and this is the truth as he shall answer to God. Cam Sic Subscribitur, COLLIN CAMBELL. LINLITHGOW, I. P. D. Com. Archbald McGibbon, in Cowall, in Glendewell paroch, aged 46 years, or therby, maryed, purged, sworn; depons he did see sir Duncan Campbell, off Auchinbreck; Donald Cambell, of Barbreck; Mr. Archbald Campbell, sone to the lord Neill Campbell; Jom Campbell, younger, off Melfort; bell, of Knap; Mr. Alexander Campbell, advocat; Dugall Campbell, off Kilberry, younger; Alexander M'Millan, off Drummoir; Donald M'Neill, off Crier; Duncan Campbell, of Carridell; Alexander Campbell, off Óater; Major Henrysone; Foulertoune, who was a captaine; Mr. Alexander Haistie; Patrick Cambell called Black Patrick, sone to Mr. John Campbell; Patrick M'Arture, off Inchre nie; Archbald M'Ilvernock, off Oab; Iver M'Iver, allias Campbell, off Ashnish; Dugall MAvish, off Dunardrie; Neill Campbell, off Eunachan; John Cambell, off Killdalvine; John Campbell off Dargashie; Robert Cambell, his brother; all of them in company with Archibald laite earle of Argyle, and other rebells, in armes in Glendewill, in Cowall, in June last; and this is the truth, as he shall answer to God. ARCHIBALD M'GIBBON. LINLITHGOW, I. P. D. Com.* William Stevinsone, seaman, in Borrowstounes, aged aughtein yeares, unmaried, purged and sworne; depons, that he came over in the ship called the Anna, with the late earle off Argyle, and the other rebells in his com pany, and that ther came alongst with them in the ship captaine John Henry, who was mate to the shipe; Mr. Georg Wishart, sone to Mr. William Wishart, minister, at Kinneill; Mr. Alexander Haistie, a preacher; Major Henrysone; John Rodger, sometyme in Borroustounes; Walter Browne, couper, in Kincardin, on the north syde off Forth; John Jamesone, in Borroustounes, whom he thinks did dwell in the ferrie, and * In præsentia Dominorum Commissionar orum. when Argyle landit, some off them landed with Sic Subscribitur, WILLIAM STEVINSTONE. tione ther wes wittness sworne; they for the causs and considerations mentioned in the said chibald Campbell, of Auchtimoir; Archibald Campbell brother to Dargashie, designed in the act of councill in Auchinbreck; Donald Campbell, also brother to Dargashie, designed in the act off councill in Stroudavin; with ane act off the Leivtenent court of Argyll and Tarbat, relateing to ane act off councill in Archbald Campbell, off Dana, aged 29 years, favours off Hugh Campbell, ane other brother or therby, maryed, purged and sworn, depones off Dargashies, designed in the foresaid act in he did see sir Duncan Campbell, off Auchin-Airdtarish, upon the clearing off q'lk designabreck; Donald Campbell, off Barbreck; Mr. Archibald Campbell, sone to the lord Neill Cambell; John Campbell, younger, off Melfort; John Campbell, off Knap; Mr. Alexander Campbell, advocat; Dugall Campbell, of Kilberry, yr Alexander McMillan, off Drumoir; Donald M'Neill, off Crier: Duncan Campbell, off Carridell: Alexander Campbell, off Oatter; Major Henrysone; captaine John Foulertoune; Robert Elphingstoune, off Lapnes; Patrick Cambell called Black Patrick, sone to Mr. John Campbell; M'Artur, off Inchrenie; Alexander M'Ilvernock, off Oab; Iver M'Iver alias Campbell, off Arshnish; Dugall M'Avish, off Dunardrie; Neill Cambell, off Eunachan; The Lords continewes thed yet as to the forJohn Campbell, off Killdalvine; John Camp-faultures off Mr. Thomas Forrester, minister ; bell, off Dargashie; Robert Campbell, his brother; and, Alexander M'Arture, captaine off Allangreig, under Argyle; and all of them in armes with the laite Argyle, and the other rebells, att Tarbatt and all the way they went in June last; and this is the truth as he shall answer to God. Sic Subscribitur, ARCHBALD CAMBELL. acts, with consent off his majesties advocat excuses ther absence, and continew the dyet against Hugh Campbell till the twelt instant, and against the haill other persons till the first day of February nixt to come. And also, with consent off his majesties advocat, continews the dyett against Donald Campbell, of Balnabie, who is an islaman, and was not citted aither personallie or at his dwalling house, and against whom ther is no sufficient probatione, till the said first day of February mixt to come, and excuses his absence. John Guthrie; Alexander Campbell, off Sonachan; John Nisbett and Donald M'Ilvernick, off Ardmabreck; and the deceast Dugall Campbell, off Auchterharle, till Munday nixt, and lykwayes Alexander Forrester, off Knockreochbeg; till the said dyet. The said day anent the criminal proces off LINLITHGOW, I. P. D. Com. treasone persewed at the instance off sir Gorg McKenzie, off Rosehaugh, his majestie's adAngus McIver, in in Glasrie parish, vocat, against the deceast Dugall Campbell; aged fourtie years, or therby, married, purged designed off Aughterharlie, and bis nearest of and sworne, depones, he did see Major Hen-kine, for his interest, for his being accessorie rysone in company with the rebells, in June last, to or engaged in the late rebellione with Archin Argyle shyre, in Cowall, in armes, on horse baid sometyme earle of Argyle, in manner menback; and this is the truth, as he shall answer tioned in the dittay, compeirand his majestie's to God; Depones he cannot wreitt. [advocate] for his interest as persewer on the Sic Subscribitur, one pairt, and on the other pairt compeired Iver M'Iver allias Campbell, brother and nearest off kine off the said defunct, with Mr. Collin M'Kenzie, advocat, his procurator, and gave in a petitione to the saids lords, representing and declareing that his eldest brother, John Campbell, was the uncontraverted heritor and proprietor off the lands off Auchterharlie, extending to a merk land holden off the late Arfor the rebellione, without aires off his owne gyle, and haveing laitly dyed immediately bebody, his second brother, who is now lykewayes dead, is indyted to this dyet, and tho' petitioner is as nearest of kine citted for his interest, and since the said Dugall his second brother was nether infeft, seasit, nor in possessione of the said estaite, and that the rebellione followed imediatly efter his eldest bro thers decease, and that he himself, who by lawe is uncontravertedlie to succeed to his eldest brother who dyed last, vest and seased, The Lords haveing considered the severall is a loyal and honest subject, and was actuallie acts of councill produced in favours of Collin in his majestie's service, as by a certificate, Campbell, off Blairintibert; Duncan Campbell, under the hand off Pattrick Stewart, off Balhis son; Archibald Campbell, off Dana; Arlachan, comander off the marquis off Atholls LINLITHGOW, I. P. D. Com. Dugall McGibbon, in Killmichael, in Cowan, aged 25 yeares, unmarried, purged and sworne, depones he did see captaine John Henrysone, in armes with Argyle, and the other rebells, att Garloch-head, and all allongs with the rebells in June last, and lykewayes that he did see major John Henrysone in armes with the said rebells all allongs; and also he did see cap taine Foullertoune, and Campbell, off Killdalvine, all allongst in armes with the saids rebells in June last; and this is the truth as he shall answer to God. Sic Subscribitur, DUGALL M'GIBON, Efter leading and adduceing off the q'lk probatione, the lords ordaines the assyse to inclose, and returne ther verdict to morrow at two o'clock in the efternoone. first regiment, and daited the fyth day off December last was instructed, therfor he craved that since tho his said brother were guiltie, yet that his forfaulture could produce nothing to his majestie, he haveing nothing in his persone' but might tend to the prejudice off the petitioner ane honest and loyall subject. That ther lo'ps would ordaine ther name to be delete out off the sumonds and sist all farder procedur against him. The lords justice generall and justice clerk, and commissioners off justiciarie, haveing considered the said petitione and disyre therof, delay to give answer therto, but remitt the civill interest to the judge ordinar as accords. January 5, 1687. The persons who past upon the Assyse off the Argyle heritors returned ther Verdict in presence off the saids lords, wheroff the tenor followes : bell, advocat; Dugall 'Campbell, off Kilberry, younger; the deceast Alexander McMillan, off Drumoir; Donald M'Neill, off Crier; Duncan Campbell, off Carridell; Alexander Campbell, off Oater; major Henrysone; captaine John Fowlertowne; maister Georg Wishart, preacher; maister Alexander Haistie; Robert Elphingstoune, of Lapnes; captaine John Henry; Patrick Campbell, sone to maister John Campbell, called Black Patrick; M'Ilvernick, of Oab; Iver M'Iver, allias Patrick M'Arture, off Inchrenie; Archbald Campbell, off Ashnish; the deceast Dugall M'Avish, off Dunardrie; Neill Campbell, off Campbell, off Kildalvin; Kerr, of Kersland, younger; John Campbell, off Dargashie; Robert Campbell, his brother; and Alexander McArture, captaine to the laite Argyle. Evnachan; ordaines their names, fame, memorie, and honours (and the name, fame, memorie and honours of the said deceast Alexander McMillan They therfor be the mouth off John Lesslie dempster off court discerned and adjudged The Assyse haveing elected and chosen sir MMillan and Dugall M'Avish, who ar dead) the haill fornamed persones (except Alexander John Ramsay above designed chancellour, to be execut to the death, demained as traitors, they all in on voice ffind sir Duncan Campbell, and to underlye the paines off treasone and off Auchinbreck; Donald Campbell, off Barbreck; Mr. Archibald Campbell, sone to the realme when ever they shall be aprehended, at utter punishment apoynted be the lawes of this lord Neill Campbell; John Campbell, younger, such tymes, places, and in such maner, as the off Melfort; John Campbell, of Knap; Mr. lords justice generall, justice clerk, and comAlexander Campbell, advocat; Dugall Camp-missioners of justiciarie, shall apoynt, and bell, of Killberry; Mr. Alexander McMillan, off Dumoir; Donald M'Neill, off Crier; Duncan Campbell, off Carridell; Alexander Campbell, off Oatter; major Henrysone; captaine and Dugall McAvish who ar dead) to be exJohn Foulertoune; Mr. George Wishart, tinct, their blood to be tainted, and ther armes preacher; Mr. Alexander Heastie; Robert Elto be riven furth and delate out off the books off phistoune, off Lapnes; captaine John Henry; armes, so that ther posteritie may never have Patrick Campbell, sone to Mr. John Campbell, place, nor be able heirefter to bruik or joyse any called Black Patrick; Patrick M'Arture, of Inchrenie; Archibald M'Ilvernock, off Oab; sessions, within this realme in tyme comeing, hounors, offices, titles, dignities, lands, or po Iver M'Iver alias Campbell, of Ashnish; and to forfault omitted and tint all and sundrie Dugall M'Avish, off Dunardre; Neill Camp-ther lands, heretages, tacks, steadings, roomes, bell, off Evnachan; Campbell, off Killdalvine; - Kerr, off Kersland, y'r; John Campbell, off Dargashie; Robert Campbell, his brother; Alexander M'Arture, captaine to the laite Argyle, Guiltie off the crymes off treasone and rebellione lybelled against them, in respect they find the samen sufficiently provine, and lykwayes ffind Fleymeing, John Jameson, in Borrowstounes; John Rodger, gunner, sometyme in Borrowstounes ; and Walter Browne, clear and innocent, and not guiltie; in respect ther is not compitent probatione led against them. In verificatione wherof this our verdict is sub' be the fornamed sir Johu Ramsay, chancellor, att Edinburgh, the fourth day off Janwary, 1686 years. Sic Subscribitur, JOHN RAMSAY, Ch. The Lords justice generall, justice clerk, and commissioners off justiciarie, having considered the verdict off assyse returned against the said şir Duncan Campbell, off Auchinbreck; Donald Campbell, off Barbreck; Mr. Archibald Campbell, sone to the lord Neill Campbell; John Campbell, younger, of Melfort; John Posessiones, titles, offices, goods, and gear, raigne lord, to remaine perpetuallie with his whatsomever pertaineing to them, to our soveffor doom. Wherupon his majestie's advocat majestie in propertie. Which was pronunced askit and took instruments. CURIA JUSTICIARE, S. D. N. tenta in Pretorio Burgi de Edr. undecimo die mensis Janwary 1687, per nobillem et potentem Comitem Georgium Comitem de Linlithgow, et honorabiles viros Jacobum Foulis de Collingtoune Justiciarie; Clericum Joanem Lockhart de Castlehill; Davidem Balfour de Forrett; Rogerum Hog de Harcarss; Alexandrum Seatoune de Pittmedon; Patricium Lyone de Carss; Commissionarios Justiciarie, dict. S. D. N. Regis. Curia legittime affirmata. Intran. Coline Campbell, off Allangreig, elder. Campbell, off Knapp; Mr, Alexander Camp-treasone and rebellione ment. in his dittay, as the samen is recordit upon the ffourth of Janwary instant. Persewer-Sir Georg M Kenzie, of Roshaugh, his majestie's advocat. His majestie's advocat declaires he insists against the paunali ffor joyneing with the late earle of Argyle in maner mentioned in his confessione. The lords finds the dittay relivant as the same is foundit on his confessione, and remitts the same to the knowledge off an assyse. ASSISA. Sir William Hope, of Grantoune. Patrick Skirvine, of St. Katherins. John Lindsay, merchand. William Browne, baxter. James Buckertoune, wright. pones he saw Colline Campbell, off Allangreig, elder, in company with the late Argyle and the other rebells, within the isle of Bute, in June last, walking up and downe conversing with them, but remembers not iff he hade any armes ; and this is the truth as he shall answer to God. Sic Subscribitur, HECTOR M'GIBBON. LINLITHGOW, I. P. D. Com. The Lords ordaines the assyse to inclose and to returne ther verdict the morrow at twelve aclock. The Lords having considred ane act of councill presented for Alexander Forrester, off Knockreochbeg, they with his owne and his majestie's advocats consent continew the dyet against him for his alleadged accessione to the late Argyll's rebellione till the last Munday off March nixt, and ordaines him to find cautione ffor his appearance at that dyett, and therfor grants him letters off exculpatione ffor proveing his defenss against the said day. The Lords continew the criminal actione and cause depending at his majestie's advocats instance against Mr. Thomas Forrester, minister; John Guthrie ; Alexander Campbell, of Sonachan; John Nisbitt ; Dugall M⭑Ilvernock, off Ardmacbreck; the deceast Dugall Campbell, off Auchterharlie; for ther al The Assyse lawfullie sworne; no objectione leadged accessione to the late Argyll's rebelin the contrair. His Majestie's Advocat for probatione adduced the pannell's owne Confessione and the witnesses efter named, wheroff the tenour followes: lione, till the last Munday off March nixt. January 12th, 1686. The Persons who past upon the Assyse of Colline Campbell, of Allangreg, elder, returned ther Verdict in presence of the lords, wherof the tenor followes: EDINBURGH, Janwary 11, 1686. The Assyse having unanimously elected sir In presence of the justices and assyse, Col John Ramsay, off Whythill, ther chancelar, lin Cambell, elder, off Allangreig, being examined, confesses, That he was present with finds Collin Campbell, elder, of Allangreg, by his own judiciall confessione, guilty off being the late earle of Argyle and the other rebells in May and June last, in Argyle, Bute, and Tar-present with the late Argyle and the other rebells, in May and June last, in Argyle, Bute, bat, and severall other places, and that he hade Tarbat, and severall other places, and that he a carrabine, and declares he is heartilie sorrie, hade a carrabine, and off conversing with the and begs God aud his majestie pardoune therefor, and that he never hade designe off rebel-forsaids rebells in Bute, in regaird they find the same sufficiently provin, they purged wittlione against the king's majestie, but was nesses: in verficatione wherof, this our verabused and misled by his chieff the lat Argyle. dict written be Walter Scot, of Letham, is subSic Subscribitur, COLLIN CAMPBELL.scry bit be the above-named chancellour at Edinburgh, the eleventh day off January, 1686 James Ffoulis, J. Lockhart, David LINLITHGOW. yeares. Sic Subscribitur, JOHN RAMSAY, Chan. The Lords continew the pronunceing off doom and sentance against the said Collin Campbell, Allangreig, elder, till Munday nixt. Archbald M'Gibbone, in the paroch of Glendewell, aged 46 or therby, married, purg-off ed, and sworne, depones he saw Collin Campbell, off Allangreig, elder, in company with the late Argyle, and the other rebells within the isle of Bute, in June last, walking up and downe and conversing with them; depones he did not see him have armes; and this is the truth as he shall answer to God. Sic Subscribitur, ARCHBALD M GIBBON. Hector M'Gibbon, in Cowall, aged 26, or therby, unmarried, purged and sworne, deVOL. XIII. Intran' Hugh Campbell, brother to John Campbell, of Dargashie, indyted and accused for ryseing and joyneing in arms and oppen rebellion with Archibald sometyme earle off Argyle, and other rebells and traitors, in the moneth off May and June last, in maner mentioned in his dittay. Persewer. His Majestie's Advocat. 3 F |