[1661/1/411]*[print] [email] [cite] [preceding] [following]
Anent the criminal libelled summons raised and pursued before our sovereign lord and estates of parliament at the instance of Murdo MacLean of Lochbuie and Lauchlan MacLean of Kalchellie, for themselves and in name and behalf of their kin, friends, tenants and followers, and also at the instance of Sir John Fletcher, knight, his majesty's advocate, for his highness's interest in the matter underwritten, against Iain mac Alasdair Ruaidh,† alias Campbell, bailie of Gollonsay,† Neill mac Alasdair mhic Phàdraig,† alias Campbell of Torrobhase in Islay, Maol-chalum mac Iain Ruaidh† in Kerranbeg in Crekrish, Ìomhar Bàn mac Ìomhair† of Arlarish,† there, Domhnall Òg mac Gilleasbaig mhic Neill,† there, Aonghus MacLaverty of Ardcharrane, there, Iain Bàn MacLaverty,† there, Iain Dubh,† his brother there, Malcolm Smith, there, Donnchadh mac Dhomhnaill Ruaidh,† there and Alasdair mac Ìomhair† in Garvellachs, because by the fifty-first act of the eleventh parliament of King James VI it is statute and ordained that the murder and slaughter of whatsoever of our lord's lieges, where the party slain is under the trust, credit, assurance and power of the slayers, all such murders and slaughter, to be committed in time coming after the date of the said act, which is 29 July 1587, the same being lawfully tried and the party charged found guilty, shall be treason. Nevertheless, the said defenders, all equipped in fear of war with guns, swords, bows, quivers, culverins, pistols and other invasive weapons, came under silence and cloud of night to the lands of Glengarrisdale, belonging and pertaining to the said Murdoch MacLean of Lochbuie, and there, in the year of God 1647 and in one or other of the months of the said year, the said defenders, most cruelly and barbarously, murdered Iain mac Gille-Chalum mhic Dhomhnaill Duibh,† Iain mac Theàrlaich mhic Alasdair,† Domhnall mac Aonghais mhic Iain,† Domhnall mac Gille-Chalium mhic Dhomhnaill,† Iain mac Néill Duibh† and Domhnall mac Néill Duibh,† tenants and servants to the said Murdoch MacLean, all living quietly and peaceable at their own homes, exercising their lawful callings and vocations, and anent the charge given to the forenamed persons, defenders, to have compeared before our said sovereign lord and estates of parliament, at an certain day bygone, to answer at the instance of the said pursuers, to the effect and with certification above-mentioned, as at more length is contained in the said summons raised in the said matter, the said pursuers compearing with Mr George MacKenzie, advocate, their procurator, and the said Sir John Fletcher, our sovereign lord's advocate for his interest in the said matter, being personally present and having repeated the foresaid summons founded upon the act of parliament, and the said defenders, having been lawfully summoned to this action in manner above and after-specified, often called and not compearing, the which summons and act of parliament foresaid with the absence and contumacy of the said defenders, being considered by our said sovereign lord and estates foresaid, the king's majesty, with consent of the said estates of parliament, finds, declares and adjudges the foresaid persons, defenders, to be fugitives and rebels against our sovereign lord's laws and authority and contumacious thereof, and ordains them to be declared rebels and put to the horn, and all their moveable goods to be escheat and brought in to his majesty's use for their contemption, because the said defenders were all lawfully summoned in manner after-specified, namely, the said Iain mac Alasdair mhic Phàdraig,† Iain Bàn MacLaverty,† Iain Dubh MacLaverty,† and Alasdair mac Ìomhair,† by a messenger of arms presently apprehended, and the said Maol-chalum mac Iain Ruaidh,† Iain Bàn MacIver,† Domhnall Òg,† Aonghas MacLaverty,† Malcolm Smith and Donnchadh mac Iain Ruaidh,† likewise by the said messenger at their dwelling houses, to have compeared before our said sovereign lord and estates foresaid to have answered for the foresaid crimes and deeds committed by them, with certification in manner above-specified if they fail so to do, and they being lawfully summoned as said is failed to compear to the effect above-written; and therefore, our said sovereign lord and estates foresaid found, declared and ordained, in manner above-mentioned, and ordains letters to be directed upon the matter in appropriate form.