in order to its being provine or not, and taks instruments upon the pannalls procurators acknowledgeing the pannalls being present with the rebells voluntarlie at that same place mentioned in the defence. Duncan, elder, of Drumfunie; Angus Camp-¡ bell, of Daltot; and John Campbell of Ulva; ffor ther ryseing and joyneing in armes and in rebellione with the laite Argyle and other rebells, in maner mentioned in ther dittay, which, with the former procedur thereanent, Mr. John Stewart oppons the defence, is recordit the sixt of December last, which which is no acknowledgement, but upon the criminall action being this day called, compeired contraire, ane expresse denyall off all the artisir John Dalrymple, younger, off Stair, his cles off the lybell, and that which is alleadged majestie's advocat, with sir Robert Colt and against the relivance is nowayes answered, nor Mr. Georg Bannerman, advocats, his majesties could a lybell of that nature be sustained supsolicitors, as persewers on the one pairt, and on the other pairt compeired the said Donald poseing it were proven that which is insinuat, and the defence, because the pannall perhaps Campbell, of Oab; who denyed the dittay, and one single tyme, the tyme off the whole recrymes, lybelled, and Angus Campbell, of Dal-bellione, was seen in a littell clachan or village tout; and John Campbell, of Ulva; who con- wher the rebells was, about such a necessary fest in maner efter specifit. duty, and never being seen with them befor or efter, or in company with any of them, albeit he hade a sword about him at that tyme it cannot inferre the treasonable converse lybelled. His Majesty's Advocat declares he restricts the lybell to the pannalls joyning with the rebells, or corresponding or conversing with, or barbouring, recepting, or assisting them, or being airt or pairt off the rebellione lybelled. Mr. John Stewart, advocat, as procurator ffor the pannalls, alleadges, that that pairt off the lybell that the pannall Oab was perhaps once seen in company with the rebells, that per se is not relivant; because in this particular case, it should be made appear that the pannall was ever in company with the rebells, which is denyed; It is offered to be provine by the persewers wittness, that the pannall hade a daughter dead, to be burried to-morrow efter the pannall sawe the rebells; and it was goeing to the littell village to gett some necessarys for her burriall; ffarder alleadges, that wearreing off armes per se is not relivant, and particularlie haveing off a sword, alwayes denyeing that the pannall hade any or wore any sword, at any tyme that ever they rancountered with the rebells, because in that countrey, and at the tyme of that horrid rebellione, ther was no man that hade a sword, but he hade it about him to give a significatione off the loyaltte and dependance upon his majestie iff the occasione should offer, and to defend themselves against the violence off the rebells, which cannot in no sence inferr (such ane abominable guilt as that off the cryme off treasone lybelled. Sir Robert Colt, ane of his majestie's solicitors, oppons the lybel which is most relivantlie lybelled upon the invasione by the late Argyle, aud that the pannalls are airt and pairt off the said rebellione as being eyr actuallie in armes with the late Argyle or those that rose in that rebellione, or as assistors theroff, or as corresponders with, and in company with these rebells, whither in armes or without armes; so that the lybel being relivant in the severall members theroff, and the defence resolveing in a naked denyal off the lybell; and Campbell, of Oab, for whom this defence is proponed, haveing raised no exculpatione, and having alledged nothing that can eleid the relivance, the defence ought to be repelled and the lybell admitted to the knowledge off ane inquest, INTERLOQUITOR. The lords justice general, justice clerk and commisssioners off justiciarie, haveing considered the lybell persewed at the instance off his majestie's advocat and solicitors against Donald Campbell, off Oab; Duncan Campbell, elder of Drumfunie; Angus Campbell, of Daltout; John Campbell, of Ulya ; with the debate above written, they find the lybell as it is restricted, viz. that the pannalls, joyned with the rebells, or corresponded or conversed with, or harboured or recept, or assisted them, or was airt or pairt off the rebellione lybelled, relevant separatim to infer the crime and paine of treasone, and remitts the samen to the knowledge of the assyse. ASSISA. Patrick Smith, of Methven. Angus Campbell, of Daltout, and Joh■ Campbell, of Ulvar, doe judiciallic in the presence of the justices and assysers acknowledge and confess that they were in rebellione with the late Argyle the tyme lybelled; declaire they cannot wreitt nor speake Inglish, and therfor his confessione is signed by my lord justice generall, and John M'Kenzie, macer, who was judicialle sworne interpreter. Sic Subscribitur, LINLITHGOW JOHN M'KENZIE, interpretor, | company with the rebells wher Mr. Charles was ther, and that be bade a sword; and this is the truth as he shall answer to God, depones be cannot wreitt. Martin Sinclair alias M'Nakaird, in Killfushane, aged threttie aught years, or therby, married, purged, and sworne; depons that the tyme lybelled of Argyll's rebellione, he did see Donald Campbell, off Oab, in company with the rebells at Killmichaell, off Glasrie, at the tyme when Mr. Charles Campbell was ther, with about the number of two hundreth rebells with him, and that he did see him walking up and downe with them as others did; and that within a day or two efter that he did see him at Killmichaell, of Inverglassie, wher Mr. Charles Campbell, with the rebells, went to immediatlie out of Killmichaell off Glasrie, and that he did see him converse with Mr. Charles Campbell and with others off the rebells, as the rest of them did; and that he hade a sword about him; depons that he did see Duncan Campbell, elder, off Drumfunie, ryding from Killmichaell off Inverlessie, with a sword about him, in company with Mr. Charles Campbell, and the rebells at that time, when the rebells came back from Killmichaell off Inverlessie to Kilmichaell off Glasrie; depones he did see Angus Campbell, of Daltout, in company with the rebells the tyme lybelled at Killmichaell off Glasrie, at ther first ryseing, and that he heard that John Campbell off Ulva was ther, but did not know him, and this is the truth as he shall answer to God. Sic Subscribitur, MARTIN SINCLAIR. John M'Lauchlan, in Michnan, aged threttie yeares, or therby, married, purged, and sworne; depons that the tyme off the late Argylls rebellione lybelled, he sawe the pannall Donald Campbell, of Oab, in Killmichael of Inverlassie, where Mr. Charles Campbell and a pairtie of the rebells were for the tyme, and sawe Oab speake to some off the rebells, and does not knowe what was the subject of ther discourse, and that he sawe him walk two or three with the rebells, but does not know how long he stayed with them, and sawe bim standing within the breadth off his house to the place wher Mr. Charles Campbell was; depons that he knows that Oabs naturall sone was in the rebellion, but knows not if his father recept or conversed with him after he was in the rebellione, depones that he the deponent went to Oab his maister, towards the beginning of the rebellion, and asked him what he and the other tenants should do; and Oab answered, that he did not know, but thought they should do as the rest of the country did; and depones that the greatest pairty off the country thereabout, went in to Mr. Charles, after Mr. Charles had threatened to burne their houses, and hade burnt one house, and the deponent himself, and Oabs natural sone and M'Regner, his domes tic servant, and four or five of Oab's tenants, as he remembers, went to Mr. Charles; depones that he sawe Angus Campbell, of Daltout, and Angus Campbell, of Ulva, with the rebells at the Tarbat and Bute, and they hade armes; and that he sawe Campbell, off Drumfunie, at Kirkmichaell, off Inverlassie; in Sic Subscribitur, LINLITHGOW, I. P. D. Com. Patrick Campbell, called Black Patrick, some tyme ffactor to Auchinbreck, aged threttie yeares, married purged and sworne; depons that the tyme lybelled, he did see Donald Campbell, of Oab, in company with the rebells in Kirkmichael! of Glasrie, when Mr. Charles Campbell was ther; and depons that therefter he sawe him at Kirkmichaell off Inverissie, on horse back, rydeing doune from a littell hight above the towne, wher Mr. Charles Campbell and two hundreth of the rebells were, and depons that he did see Duncan Campbell, elder, off Drumfunie, at Kirkmichaell of Glasrie with Mr. Charles Campbell, the tyme forsaid and fyve hundreth of the rebells together, depones he sawe Angus Campbell, of Daltout, and John Campbell of Ulva all allongst with the rebells in armes, and particularlie at Bute, Rosa, Tarbat and Cowall; and this is the truth as he shall answer to God. Sic Subscribitur, PATRICK CAMPBELL John Pollock, in Kilimichaell, off Glasrie, aged sixtie yeares, married, purged and sworne, depons that he did see Duncan Campbell, elder, Killmichaell of Glasrie, and sawe him ryding off Drumfunie, in company with the rebells at into the town with severalls of them, the tyme of Argyll's rebellione; depones he sawe Angus Campbell, of Daltont, in company with the rebells walking with a sword the same tyme and places, and in armes; and this is the truth as he shall answer to God. Robert M'Indoer, sone to Leugas M'Indoer, in Killchowne, aged seventeen yeares, unmarried, purged, and sworne; depons that the tyme lybelled, he sawe Donald Campbell, of Oab, at Killmichaell of Glasrie, walking up and down the towne, when Mr. Charles Campbell and the rebells were there; depons he sawe Angus Campbell, of Daltout, and John Campbell of Ulva, walking up and downe with the rebells and conversing with them, when Mr. Charles Campbell was at Killmichaell off Glas rie; and this is the truth as he shall answer to God. ROBERT M'INDOER. The Lords ordaines the assyse to inclose and returne ther verdict to-morrow at ten o'clock. March 4th, 1687. the assyse off Donald Campbell, of Oab; DunThe said day the persons who past upos can Campbell, elder, off Drumfunie; Angus Campbell, off Daltout; John Campbell, of Ulva; returned ther verdict in presence of the saids lords, wheroff the tenor followes : The Assyse haveing elected and chosen Patrick Smith, of Methven, chancellor, they all in one voice ffind Donald Campbell, of Oab; Duncan Campbell, elder of Drumfunie; Angus Campbell, off Daltout; and John Campbell, off Ulva, were persewed ffor the cryme off treasone, that the same is sufficiently provine, according to the interloquitor off the lords off justiciarie, and thir presents ar written be John Sandilands clerk, and signed be the forsaid chancellor, at Edinburgh, the third day off March, 1687. Sic Subscribitur, PATRICK SMITH BRACCO, Chancellor. Efter oppeing and reading of the whilk verdict off Assyse, The lords justice generall, justice clerk, and commissioners of justiciary, therfore be the mouth off John Leslie, dempster of court, decerned and adjudged the said Donald Campbell, of Oab; Duncan Campbell, elder, of Drumfunie; Angus Campbell, off Daltout; and John Campbell, of Ulva; to be execute to the death, demained as traitors, and to underlye the paines off treasone and utter punishment apoynted be the lawes off this realme, at such tymes and places and in such maner as our soveraine lord the king's most excellent majestie shall appoynt, and ordaines ther name, fame, memorie, and honors, to be extinct; ther blood to be tainted, and ther armes to be riven furth and delatte out off the book of armes, so that ther posteritie may never have place, nor be able heirefter to bruike or joyse any honours, offices, titles, or dignities, within this realme, in tyme coming, and to have forfaulted, ominitted, and tint, all and sundrie ther lands, heritages, tacks, steadings, rowmes, possessions, titles, offices, goods, and gear, whatsomever pertaineing to them to our soveraine lords use to remaine perpetuallie with his highnes in propertie. Which was pronounced for doom. Whereupon his majestie's advocate asked and took instruments. 397. Proceedings in the Parliament of Scotland against the Viscount of DUNDEE and others, for High Treason: 2 WILLIAM & MARY, A. D. 1690. [Now first printed from the Parliamentary Records at Edinburgh.] fermling; viscount of Frendraught; EDINBURGH, July 14, 1690. lord Dunkeld; major William ANENT the lybelled summonds and indyte- Grahame, of Balwhaple; Collonell Alexan. ment for high treasone raised and persewed der Cannan; John Cleilland, of Fasken; Mr. before the king and queen's majasties and the Colin McKenzie, uncle to the earle of Seaestates of parliament writtin in Latine, and ex-forth; sir John Drummond, of Machany; pede under the hand of the deput of the direc- William Crawfurd, younger, of Ardmillan; tors of chancellary, keeper of the quarter seal! James Crawfurd, his brother; Roconforme to ane warrand and act of parliament bertson, of Strowan; David Grahame, brother after mentioned; att the instance of sir John to the deceist John viscount of Dundee, for Dalrymple, younger, of Stair, their ma- himselfe, and as representing the said viscount jesties advocat for their highnes interest Halyburtoun, of Pitcurr; and in the matter underwrytten against John, Halyburton, as air to the said deceistviscount of Dundee; James, earle of Dum Halyburton, of Pitcurr; his father, James The celebrated Graham, of Claverhouse, who forms a very conspicuous figure in the Scottish History in the seventeenth century. Upon the meeting of the Convention of Estates, "he went" Dalrymple instructs us," wherever the spirit of Montrose should direct him," a modern fiction, says Laing, exceeded only by another, that his heroism was caught from the recitation of Ossian's Poems. He was killed in the battle of Killycranky, (June 17th, 1689), where he had beaten the troops of king William under Mackay. Pitcairn has honoured him with the following epitaph: Ultime Scotorum, potuit quo sospite solo Illa tibi superesse negat, tu non potes illi: Which Dryden did not disdain to translate as follows: "Oh, last and best of Scots! who did maintain See in Laing, vol. 4, p. 222, 2d ed. the de tection of a misrepresentation of Dalrymple's relating to the battle of Killycranky. Dalrymple has printed the following Corres. pondence, furnished to him, he says, by sir David Dalrymple (Lord Hailes) : Lord Strathnaver to Lord Dundee. "My lord; The concern that many equally interested in us both, has for your lordship, ab 3 G Edmonstoun, of Newtoun, of Drum; sir Ewan, stracting from that respect which your own rebells; and by the 14th and 15th acts parlia- -lord Dunkeld; major William Grahame, vernment these men have framed to themselves: they made you, I doubt not, believe, that Darie (Londonderry) was relieved three weeks ago. By printed accounts, and I can assure you, it never was relieved, and now is taken. They told you, the Inglish fleet and Dutch were masters of the sea. I know for certain the French is, and in the Chanel; in testimony whereof they have defeated our Scots fleet. For as they came alongst they fell on the two friggats, killed the captains, and seised the ships, and brought the men prisoners to Mull. They tell you Shomberg is going to Ir land to carry the war thither. I assure you the king has landed a considerable body of forces there, and will land himself amongst our friends in the west (whom I am sorry for) very soon. So, my lord, having given you a clear and true prospect of affairs, which I am afraid amongst your folks you are not used with, I leave you to judge if I or you, your family or myn, be most in danger. However, I acknowledge francly, I am no less obliged to your lordship, seeing you made me an offer of your assistance in a tyme when you thought I needed it. Wherein I can serve your lordship or family at any time you think convenient, you may freely employ me. For, as far as my duty will allow me in the circumstances we stand, I will study your well as becomes, my lord, your most bumble servant, DUNDEE." Lord Dundee to Lord Strathnaver. "My lord; Your lordship's, dated the 3d, I received the 13th, and would have returned an answer before now, had I not been called suddenly to Enverlochie, to give orders anent the forces, arms, and amunition sent from Irland. My lord, I am extreamly sensible of the obligation I have to you, for offering your endeavours for me, and giving me advice in the desperate estate you thought our affairs were in. I am persuaded it flows from your sincere goodness and concern for me and mine, and in return, I assure your lordship, I have had no less concern for you, and was thinking of making the like address to you; but delayed it till things should appear more clear to you. I am sorry your lordship should be so far abused as to think, that there is any shadow of appear- See, in this Collection, other particulars con ance of stability in this new structure of go-cerning Dundee, vol. 11, p. 945, et seq. "Struan, 1 Cameron, his eldest sone; Donald McDonald, younger, of Sclait; the laird of M Naughtoun; -Grant, of Ballindalloch; support of the rebellion, and sent out parties to murder and destroy their majesties good subjects, and to robb and herrie them of their goods, and the particular acts of rebellion, treason, ryseing, and continueing in armes against their majesties authority and government, the assaulting of their forces, the garrisoneing of houses, and strengths, the harboureing, corresponding with open rebells and traitours, and the falling upon, wounding or robbing their ma'ties forces, and the other crymes abovementioned, upon the dayes rex'ive of the severall months of the said year, one thousand six hundred and eighty nyne, or upon ane or other of the dayes of one or other of the moneths of the said year 1689, off the which horrid and treasonable crymes above specified, or ane or other of them, the haill forenamed persones, and ilk ane of them are actors airt and pairt, which being found by their majesties and the estates of parliament, they ought to be pu Stewart, of Appin ; M'Lean, alias M'Donald, elder, of Glencoe; Alexander M'Donald, younger, of Glengerrie; Donald M'Neill, of Galenhellie; and sir John M'Kean, of Dowart, with diverse others their associats and accomplices, haveing shaken off all fear of God and regaird to their ma'ties and their lands, and love to their native countrey, they did ryse and continow in open armes against their majesties authority annd government, the first, second, thrid, or ane or other of the dayes of the moneth of Aprill, 1689 years, or ane or other of the day es of the moneth of May therafter, the said year; and upon the day of May or ane or other of the dayes of the said moneth and year of God forsaid, the said deceist John, viscount of Dundee, and the other persons a'mentioned, did come to the toune of Perth in fear of wear, and therein in ane hos-nished as horrid traitors and rebells, with fortile manner did seize and carry away the de- faulture of lyfe, lands, honour, and goods, to ceist laird of Blair, and other officers of their the terror of others to committ the lyke in tyme majesties forces, and detained the laird of Blair comeing; and therefore the saids haill defenprisoner in the castle of Dowart, in a cruell ders abovenamed, to have compeared before and sad conditione, till he dyed; and upon the their majesties and the three estates of parliaday of June, one thousand six hundred ment within the parliament house of Edinburgh, and eighty nyne years, or ane or other of the at ane certane daye bygone, to have heard and dayes of the said moneth, the persones above- seen sentence and decreet, given and pronamed and others, being all armed, marching nounced against them in the same matter, as to joyne the rebells, did attack a certain num- at more length is contained in the said principall ber of their majesties forces under the com- summonds, which containes therein a warrand mand of captain Alexander Young, in Kyn for executing thereof, with the usuall solemnityre; as also the said John, viscount of Dun- ties necessar upon twenty fyve days warning, dee, James, earle of Dumfermling, and the at the mercat cross of the head burgh of the other persones abovenamed, haveing raised and shyre, where the fornamed persones live; and assembled severall thousands of rebells, and in case there be not tutus accessus thereto at the highland rebells, [sic in orig.] they had the head burgh of the next adjacent shyre where boldness to march throw the countrey, oppress- they live, conforme to ane act of the first sessione ing and destroying their majesties good and of your majesties first parliament, daited the loyall subjects, and to oppose their forces; and first day of August, 1689 years, as the said upon the 26th day of Jully, 1689, or ane or summonds raised and dewly execute against other of the dayes of the said moneth, the said the haill fornamed persones more fully proports, umq'll John, viscount of Dundie, as generall or The said sir John Dalrymple, their majesties adleader of the persons forsaids, and other rebells, vocat, compeared personally, who desyred that did in a plain battle attack their majesties the said proces of treasone raised before the pararmie, betwixt the blair of Athole and the pass liament at his instance against the representatives of Gilliechrankie, and did kill and wound seve- of the viscount of Dundee, and rall of their majesties forces and good subjects; ton, of Pitcurr; and against the said James and therafier, upon the dayes of August, earle of Dunfermling, and the persons above1689, or ane or other of the dayes of the said named, and others in this kingdom, who rose moneth, or ane or other of the moneths of the in actuall rebellion against their majesties, and said year, the said James earle of Dumferm- still continow in armes, might be called, and ling, and the other persons forsaids, and their accordingly all the persons against whom accomplices, did attack their majesties forces at the lybell or indytement of high treasone is Dunkeld, where they did kill lievtenent collonell raised were thryce publicly called by meaWilliam Cleilland, major-Hendersone, cers at the barr and at the great door of the and severall others of their majesties officers house, and none of them compearing, the said and faithfull souldiers; and haveing mett and sir John Dalrymple, their ma'ties advocat, assembled at Innerlochie upon the first, second, produced in presence of the estates of parliaor third dayes of the month of and year ment, the letters and indytement of high treaof God forsaid, or ane or other of the dayes of sone wrytten in Latine upon parchment, under the months of they entered into the hand and subscriptione of the deput directreasonable conspiracies, bonds, and associator of the chancelary, keeper of the quarter tions, for furnishing of certain numbers and pro- seall, together with ane other duplicat thereportions of armed inen for the maintenance and of, under the hand and subscriptione of the Halybur |