Judicial proceedings: summons to appear
Mcclean of Lochbowie against McAllaster and others

Anent the criminall lybelled sumons raised and pursued befor our soverane lord and estates of parliament at the instance of Murdo Mccleane of Lochbuie and Lauchlane Mcclean of Kalchellie, for themselffs and in name and behalff of their kin, freinds, tennents and followers, and als at the instance of Sir Johne Fletcher, knight, his majesties' advocat, for his hienes' interesse in the mater underwritten, against Johne Mcallaster Roy alias Campbell, baillie of Gollonsay, Neill Mcalaster vic Fatrick, alias Campbell of Torrobhase in Yla, Malcolme Mcinroy in Coronbeg in Crekrish, Iverbaine McIver of Arlarish, ther, Daniell Oig Mcclesweik vic Naill, thair, Angus Mc clartich of Ardcharrane, ther, Johne Bayne Mcclartich, thair, Johne Dow Mcclartich, his brother ther, Malcolme Smyth, ther, Duncan Mcconnell Roy, ther and Alexander Mciver in Garvelich, becaus be the fiftie ane act of the elevent parliament of King James 6[th] it is statute and ordained that the murther and slaughter of whatsomever of our lord's leidges, whair the partie slane is under the trust, credite, assureance and power of the slayers, all such murther and slaughter, to be committed in tymecomeing after the date of the said act, which is the tuentie nynth of July 1587, the same being lawfullie tryed and the partie dilate fund guiltie, shall be treason. Nevertheles, the saids defenders, all boden in feir of warre with guns, swords, bowes, dorliches, culvirines, pistolls and other weapons invasive, came under silence and cloud of night to the lands of Glengarristill, belonging and perteaning to the said Murdoch Mclean of Lochbowie, and ther, in the yeer of God 1647 and in ane or other of the moneths of the said yeer, the saids defenders, most cruellie and barbaroullie, murthered Johne Mcgilliechallum vic Donnalduy, Johne Mccharles vic Alaster, Donald Mcangus vic Ean, Donald Mcgillichallum vic Onell, Johne McKnelduy and Donald Mcknelduy, tennents and servants to the said Murdoch Mcclean, all liveing quyetlie and peaceablie at thair oune homes, exerceing thair lawfull callings and vocations, and anent the chairge given to the fornamed persones, defenders, to have compeired befor our said soverane lord and estates of parliament, at ane certane day bygone, to ansuer at the instance of the saids persewers, to the effect and with certification abovementioned, as at more lenth is contained in the saids summons raised in the said mater, the saids persewers compeirand be Mr George Mckenzie, advocat, their procurator, and the said Sir Johne Fletcher, our soverane lord's advocat for his interesse in the said mater, being personally present and haveing repeited the forsaids summons foundit upon the act of parliament, and the saids defenders, haveing been lawfullie summoned to this action in maner above and afterspecified, oftymes called and not compeirand, the which summons and act of parliament forsaid with the absence and contumacie of the saids defenders, being considered be our said soverane lord and estates forsaid, the king's majestie, with consent of the saids estates of parliament, finds, declares and adjudges the forsaids persons, defenders, to be fugitives and rebells against our soverane lords lawes and authority and contumacious thairof, and ordaines them to be declared rebells and put to the horne, and all their moveable goods to be escheit and inbroght to his majesties' use for thair contemption, because the saids defenders wer all lawfullie summoned in maner afterspecified, viz. the said Johne Mcalaster Roy vic Fatrick, Johne Bayne Mcclartich, Johne Dow Mcclartich, and Alexander Mciver, be ane messinger of armes presently apprehended, and the said Malcolme Mcinroy, Johne Baine Mciver, Daniell Oig, Angus Mcclartich, Malcolme Smith and Duncane Mcinroy, lykewise be the said messinger at thair duelling houses, to have compeired befor our said soverane lord and estates forsaids to have ansuered for the forsaids crymes and deids committed be them, with certification in maner abovespecified if they failyie, and they being lawfullie summoned as said is failyied to compeir to the effect abovewritten; and therfor, our said soverane lord and estates forsaid fand, declared and ordained, in maner abovementioned, and ordaines letters to be direct upon the premisses in forme as effeirs.

  1. NAS. PA2/27, f.62v-63. Back