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The estaits of parliament, considering the decreit of forfaltor givin and pronuncit be the committie of estaits against Murdoch Maklean of Lochbouie, Duncane Stewart, youngar, of Appine, Alexander Stewart of Innermuckhevell and Hector McLeane of Kingerloch, quhairof the tennor followis: At Edinbrugh, the tuentie tuo day of Maii jM vjC fourtie nyne yeirs. Anent the summonds of treasone raised and pursued at the instance of Sir Archibald Johnstoune of Waristoune, then his maties advocat, for his maties intres, and procurators of the estait of this kingdome, and now pursued at the instance of Mr Thomas Nicollsone, now his maties advocat, for his highnes intres, and the said procurators of estait against Murdoch McLean of Lochboy, Duncane Stewart, youngar, of Appin, Alexander Stewart of Innernachevell and Hector McCleane of Kingerloch: that is to say the saidis defenders to have ansered for the cryms, facts and deeds particularlie and generallie undirwrittin and for all uther cryms and deeds of that kynd that might be laid to thair chairge, and to have hard and seene them decernit and declaired be the estaits of parliament (and their committies to have beine nominated and appointed be them) to be guiltie of the saidis cryms, facts and deeds eftirspeit, and thairfoir had incured the paine of heigh treasone against his matie and estaits of this kingdome and the paine of lyvis, estaits, landis and goods to be execut against them and the benefeit thairof to be applyed to the publict for releif of publict burdeins; or utherwayis, in the option of the saidis estaits of parliament (or thair committies), to have hard and seine them utherwayis punished and censured in ther persons, nams and fams and their landis, estaits and goodis by fyning, confyning or utherwayis as the saidis [estaits] of parliament (or their committies) sall find expedient undir the paine of hie treasone and forfaultour or uther paine or pains to have beine inflicted be the saidis estaits of parliament (or their committie) at thair optione, censment and arbitriment, and the benefeit thairof applyed to the use of the publict for releif of publict burdeins; with certificatioun to the saidis defenders if they wer contumatious and compeired not, the saidis estaits of parliament (or their committie as sould happin to be sitting for the tyme) would then instantlie proceid against the saidis defenders and everie ane of them who did not compeir as rebells and traitors and guiltie of high treasone against the king's majestie and the estaits of parliament of this kingdome to the forfaulting of their lyvis, landis, estaits and goods to be applyed to the use of the publict, and that their absence and contumacie sould be holdin as a manifest probatioun of their guiltines without necessitie of any further probatioun; but if they compeired and remained present at the wholl dyetts of the procedur, that then the saidis estaits of parliament or their committies or any of them as sould happin to be sitting for the time wold proceid against the saidis defenders upon laufull probatioun to the forfaulting of their lyvis, landis, estaits and goodis, to be applyed to the use of the publict as said is, or utherwayis be punishing and censuring of them according to the natur and qualitie of their misdeeds and maleversatiouns, and that, in the option and arbitriment of the saidis estaits of parliament (or their committies as sould happin to be sitting for the tyme), to be disposed upon be them for the use of the publict, and utherwayis useing of the saidis defenders in all hostile maner as appeirand manifest traitors to this kingdome. And the estaits of parliament, conforme to the lawis and practice of this realme, justice, reassoune, equitie and conscience at the arbitriment and determinatioun and censment of the saidis estaits of parliament or their committie to be nominat and appointed be them or any of them as sould happin to be sitting for the tyme, becaus be the commoune law and be the lawis and statuts of this kingdome and be all justice, reasone, equitie and conscience, all persons whatsumever who ryse in rebellioun and taks up arms, or concuris with the adversaries of this kingdome or against the estaits of parliament or against the forcis levied be them or their committies, all invaders and assaulters be force of arms of any of the armys levied for defence of this kingdome, and all killers of the subjects, takers, apprehenders or imprisoners of them, all willfull raisers of fyrs, all burners of housesis, corns, kirks, all takers or holders of houses, castalls, touns or fortis or garisons thairin within this kingdome, all persouns, being landit men, committers of these stouth and robberies, and all who wer authors or abettouris, mainteiners, assisters or suppliers or had any hand in countinanceing or concurring with the adversaries and enemys of this kingdome, or keiping or holding intelligence with the saidis adversarys, and all who goes into the armys of the rebells and invaders of this kingdome, and all who wer art and pairt of the foirsaidis cryms, or any of them, wer guiltie of high treassoune and incurred the paine of forfaultor of lyvis, landis, estaits [and goodis] to be applyed to the use of the publict, and wer utherwayis punishable at the censment and determinatioun of the parliament or committie of estaits in thair lyvis, landis, estaits and goodis to be applyed to the use of the publict, and were punishable in their nams and fams by fyning, confyning or utherwayis as the parliament or committie of estaits sitting for the tyme sould think fitt. Lykas be the fourt act of the thrid parliament of the king who leatlie rigned, daitit the tuentie nynt day of Junii jM vjC fourtie four yeirs, all takers up of arms against this kingdome and the estaits thairof were guiltie of treassone and punishable be forfaultor of their lyvis, landis, estait and goodis or any uther censur the esteats sould please to aflict. And treue it is that the said Murdoch McLean of Lochboy did in the moneth of Junii jM vjC fourtie fyve yeirs took up arms against this kingdome and the estaits thairof in sua far as the said Murdoch McLean joyned with the said James Grahame and these his rebellious army in the said moneth of Junii jM vjC fourtie fyve yeirs, and wes with him at Methven Wood the tyme foirsaid against the forcis raised be the estaits of this kingdome for suppressing of the said rebells, and remained still with the said rebells in spoyling and robbing of the countrie and with the said James Grahame and his rebellious army at the battell of Killsyth, whilk wes upon the fyftine day of August jM vjC fourtie fyve yeirs. Lykas thaireftir in the moneth of September jM vjC fourtie fyve yeirs the said Murdoch McCleane wes with Alexander McDonald, ane of the saidis rebells and his complices in the shirefdome of Argyll, and remained still with the saidis rebells in spoylling and robbing of the countrie untill the moneth of Apryll thaireftir, during the which tyme all the landis of Couall and Knapdaill and manie uther landis within the said shirefdome of Argyll were brunt, herried and waisted and distroyed and many slaughters and murthurs committed theirin be the saidis rebells the tyme foirsaid. As also the said Murdoch McClean, in the moneth of Julii last jM vjC fourtie eight yeirs, did conveine ane number of men in arms and beseidged and blocked up the house of Moy, which wes keipit as a publict garisone be ordor from Liutenent Generall David Leslie for the good and peace of the countrie, and wold not suffer nor permitt any provisioun to be put theirin for the publict use for intertainement of the said garisone, and thairby forcit the keipers thairof to quyt the said house and rander the samen to him and his complicis upon conditioun to gett their lyvis saiff. And in lykmaner the said Duncane Stewart, youngar, of Appin and Alexander Stewart [of] Innernacheavell, in the moneth of Januarii jM vjC fourtie fyve yeirs, took up arms against this kingdome and estaits thairof in sua far as in the said moneth of January jM vjC fourtie fyve yeirs [they] did joyne in arms with the said James Grahame and his rebellious army and were all present with the said James and the said rebells with all the men they could command at the feild of Innerlochie, whilk wes foughtine betuixt the forcis of this kingdome and the saidis rebells upon the second day of Februarii jM vjC fourtie fyve yeirs, and wes also with the said rebells at Methven Wood the tyme foirsaid and remained thaireftir, and wes present with the said rebells army at the battell of Killsyth, quhilk wes upon the fyftine day of August jM vjC fourtie fyve yeirs. Lykas the foirsaidis persouns were with the saidis rebells in the moneth of October, November and December jM vjC fourtie fyve, or ane or other of them, and in Januarii and Februarii jM vjC fourtie sex yeirs and sensyne at the burning and waisting and herrieing and distroying of the saidis landis of Couall, Knapdaill and many uther landis within the said shirefdome of Argyll and committing of many slaughters and murdurs be the said rebells within the saidis boundis the tyme foirsaid. And lykwayis the said Hector McLeane of Kingerloch did tak up arms against this kingdome and staits thairof in sua far as he did joyne in arms with the said James Grahame and his rebellious army in the moneth of Junii jM vjC fourtie sex yeirs, and wes with the said rebells at Methven Wood and at the battell of Killsyth and the burning and herrieing and distroying of the said landis of Knapdaill, Couall and certaine uther boundis within the said shirefdome of Argyll and the committing of the foirsaid murdurs and slaughters committed be the saidis [persons] within the boundis foirsaid at the tyms respective abonespeit. And quhilkis crymis of treasoune particularlie abonespeit, or ane or uther of them, the foirnamed persons, defenders, were principall actors, authors, abettors or airt or pairt, at the leist the saidis defenders were manteiners, asisters or suppliers of the foirsaid rebellious army, at the leist the saidis defenders did goe into the rebellious army, at the leist had countenanced and concurred with the rebells, enemys and adversaries and invaders of this kingdome, at least the saidis defenders did goe into the said rebellious army or to James Grahame, leat erle of Montrois or to Alaster McDonald, leaders thairof, and joyned with them in their rebellioun, at least the saidis defenders were guiltie and airt and pairt of the foirsaides cryms, facts and deids respective abonespeit or ane or uther of them. And thairfoir the foirnamed persons, defenders, had committed and were culpable (at least accessorie to or airt and pairt) of the foirsaidis cryms of high treasone and uthers cryms, misdeeds and maleversatiouns particularlie and generallie abonespeit, or ane or uther of them, and consequentlie the saids defenders and ilk ane of them had incurred the foirsaid paine and punishment of high treasoune to be execut against them in their lyvis, landis, estaits and goodis and the benefeit thairof to be applyed to the use of the publict; at leist had incured the foirsaid paine and punishment in their persouns, nams and fams and in their landis, estaits and goodis to be applyed to the use of the publict, or utherwayis were censurable and punishable as oppin and manifast traitors and enemys to this kingdome and estaits thairof according to the natur and qualitie of their cryms and misdeids and maleversatiouns, ane or mae, respective foirsaids, conforme to the saidis lawis, acts of parliament and practice of this kingdome, justice, reasoune, equitie and conscience at the arbitriment and determinatioun and censment of the saidis estaits of parliament or thair committie, conforme to their decreit and sentence to be givine and pronuncit be them or any of them who sould be sitting for the tyme against the saids defenders theirin according to justice, [as] at moir lenth is conteined in the said summonds, executiouns and indorsatiouns therof and anent the chairge givin to the saidis defenders, to have appeired befoir the saids estaits of parliament (or committie to be nominated and appointed be them), to have anserit for the foirsaidis cryms and deids and all uther cryms of that kynd to the effect abonespeit. Which being callit in the last sessioun of parliament, compeired Mr Thomas Nicollsone, for himselff and in name of the remanent persons, and the defenders being oftyms callit in plaine parliament and not compeirand, the saidis estaitis did remitt the saids summonds to the committie of estaits, with power to them to decide thairin. Lykas the said committie, be their commissioune from the parliament speciallie authorized to decyd and determine in all maiters remitted and referred to them be the parliament, in maner speit in the said commission, in pursuance the said Mr Thomas Nicollsone, for himselff and in name of the remanent pursuers, compeiring befoir the committie of estaits and exhibiting the said summonds to them, desyred the said committie of estaits to consider the relevancie of the saids summonds, and thaireftir that the said committie wold assigne ane day to him for proveing of the said summondis. And the said committie considering the relevancie of the same, and a certaine day bypast being assigned to the said Mr Thomas for proveing thairof, and severall witnesses having bein examined in the said maiter be the said committie of estaits, and the said committie having considerit the said summonds, executiouns and indorsatiouns thairof with the depositiouns of certaine witnesses sworne and admitted and receavit in the said maiter, with certaine missive letteres subscryvit be the said Murdoch McCleane of Lochboy, Hector McClean of Kingerloch, Duncane Stewart, fear of Appine, and Alexander Stewart of Innerachavell, directed to the merqueis of Argyll, prisbittrie of Innerara, Hector McClean of Torsloise and the laird of McNachtan of severall daits, and having at lenth heired and considerit the samyne and being fullie thairwith advysit, the said committie of estaits finds that pairt of the saids summondis bearing that the said Murdoch McCleane of Lochboy wes with the rebells at the wood of Methven and battell of Killsyth and with Alester McDonald and the Irish rebells in Argyll and Kintyr, during the which space the said landis of Couall and uthers foirsaidis were brunt, herried and waistit in maner befoir speit, and sicklyk that he wes present and assisted these that beseidged the house of Moy and wes commander of the said men at the said seidg of Moy whair they lay be the space of fyve weiks, relevant to inferr the paine and punishment of treasoune: that is forfaultour of lyf, landis, estait and goodis and the benefeit therof to be applyed to the use of the publict, and finds the same sufficientlie provine. As also the said committie finds that pairt of the said summonds bearing that the said Duncane Stewart, fiar of Appine wes present with the said rebells and assisting to them at the said battell of Innerlochie and Killsyth and sicklyk at the burning of the saids landis of Couall in maner lybellit, relevant and sufficientlie provine to inferr the paine and punishment of treasoune: that is forfaultour of lyf, landis and goodis and the benefeit therof to be applyed to the use of the publict, and findis the same sufficientlie provine. As also the said committie findis that the said Alexander Stewart of Innernachevell wes with and did assist the said rebells in thair rebellious coursis and wes assisting to them in the waisting, burning and herrieing the said landis of Couall and uthers abonespeit, relevant to inferre the paine and punishment of treasoune: that is forfaultor of lyf, landis and goodis and the benefeit thairof to be applyed to the use of the publict, and finds the same sufficientlie provine. And also finds that pairt of the summonds bearing that Hector McCleane of Kingerloch wes present with the said rebells and assisting them in burning, herrieing and waisting of the said landis of Couall and uthers foirsaid and uthers rebellious courses, relevant to inferre the paine and punishment of treasone: that is forfaultour of lyff, landis and goodis and the benefeit therof to be applyed to the use of the publict, and finds the same sufficientlie provine. And thairfoir the said committie of estaits doe heirby find and declair the said Murdoch McClean of Lochboy, Duncane Stewart, fear of Appine, Alexander Stewart of Innernachevell and Hector McClean of Kingerloch and ilk ane of them to have incurred the paine and punishment of high treasoune to be execut against them, ilk ane of them in ther persouns, landis, estaits and goodis, and heirby forfaults the saidis persounes and ilk ane of them in thair persouns, lands, estaits and goodis, ordaining thair said lands, estaits and goods to be applyed to the use of the publict; and sicklyk ordanis the said persouns, their arms, to be rent in dew form as effeirs and themselffis to be execut to death quhensoevir they or any of them shall be apprehendit. Thairfoir the saidis estaits of parliament have ratified and approvine and doe heirby ratifie and approve the foirsaid decreit in the whole heids, articls, clauses and circumstancis of the samyne eftir the forme and tennor therof in all poynts.