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To my lord commissioner his grace and the estates of parliament, the petition of Sir Duncan Campbell of Auchinbreck, for himself and his distressed friends, tenants and vassals in Knapdale, Glassary and Kelislait, humbly shows,
That your petitioner having in 1685 taken arms with the deceased noble earl, Archibald [Campbell], earl of Argyll in defence of the Protestant religion, in opposition to popery and arbitrary power, and your petitioner, by the singular care and providence of the Almighty God, having, after a narrow search made for him, escaped the hands of his enemies, he was forfeited of life and fortune, himself and family put to the greatest hardships, all imaginable cruelty, pillage, violence and oppression committed on his near relations, friends, vassals and tenants, and, after capitulation and assurance given, no faith kept, his friends killed and hanged at his gates, his house burnt to ashes, all the goods secured by the said assurance robbed and taken away, all other unparalleled barbarities committed, and, more particularly, your petitioner having from his sense of the justice and necessity of the said earl's undertaking, and for the defence of the country, caused man and garrison his house of Carnassarie, the same was besieged and a treaty for surrender being in dependence, the deceased Lauchlan MacLean of Torloisk, Lauchlan MacLean of Coll, [...] MacLean of Ardgour, [...] MacLean of Kinlochaline, [...] MacLean of Lochbuie, Donald MacNeill of Gallachoille, Archibald MacLauchlan of Craiginterve, [...] MacKerchnie in Kintyre, conjointly and severally with their barbarous accomplices did in the first place cause hang Dugald MacTavish, fiar of Dunardarie, at the said house of Carnassarie, and immediately after the surrendering thereof did barbarously murder Alexander Campbell of Strondour, the petitioner's uncle, and, without regard to any conditions or faith given, they did fall upon and wound above 20 of the soldiers of the garrison, plunder and carry away out of the said house 60 horse laden with goods and plenishing. And after all these cruelties and robberies, the said deceased Lauchlan MacLean of Torloisk, with his followers above-named and accomplices, did set fire to the said house of Carnassarie and burn it to ashes. And after all your petitioner's estate being annexed to the crown, the rents thereof were intromitted with and uplifted by William Stewart of Craigtoun as having commission from the then lords of the treasury since 1685 to Martinmas [11 November] 1689, and the same are yet in his hands. And during the space the said friends, tenants and vassals were by the arbitrary exactions of the deceased [William Drummond], viscount of Strathallan and Sir John Drummond of Machany oppressed, injured and damnified in certain great sums of money. Likewise the said Donald MacNeill of Gallachoille and Archibald MacLauchlan of Craiginterve did intromit with and take up out of the parishes of Knapdale, Kelishlet, Glassary and Ariskodnish the number of 2,000 cows belonging to the petitioner, his friends and tenants, and the said MacKerchnie in Kintyre did seize upon the whole goods and plenishing within the petitioner's house of Lochgair, through which your petitioner, his said friends, tenants and vassals are disabled, injured and damnified in the sums of money and value following, namely: by the burning of his said house of Carnassarie, in the sum of £20,000 Scots; by the taking away of the said goods (as will appear by a particular list), in the sum of £20,000 money aforesaid; by his laying out of his estate intromitted with by the said William Stewart, in the sum of £24,000 money aforesaid; by the said arbitrary exactions of the said viscount of Strathallan and John Drummond of Machany, in the sum of £12,000 money aforesaid; and by the said Donald MacNeill and Archibald MacLauchlan of Craiginterve intromitting with and taking up of the said 2,000 cows, in the sum of £40,000 money aforesaid; and by the said MacKerchnie taking away of the plenishing of the house of Lochgair, in the sum of £2,000 money aforesaid, extending in total the said sums to the sum of £118,000 Scots money aforesaid. Which damages and losses the forenamed persons, actors and committers of the cruelties, robberies and oppressions above-written, and the representatives of such of them as are dead, ought and should repair and restore to your petitioners, and their estates made liable in payment thereof. And, in regard your petitioners are greatly disabled thereby, necessity and justice calls for speedy reparation.
May it therefore please your grace and lords to grant warrant to cite the forenamed persons, and the representatives of so many of them as are dead, and their tutors and curators, if they have any, to compear before this honourable court of parliament at such diets as your grace and lords shall think fit. And, in case of the parliament not sitting, to nominate and appoint some of your lords' number who shall investigate and finally decide and determine in the said matter, to hear and see the said damages proven, and they decreed to make payment thereof in manner above-written. And, in regard there is no access to cite them personally nor at their dwelling places, to grant warrant to cite them at the market cross of Edinburgh or the shires in which they live†, and to cite witnesses. And your petitioners shall ever pray.
Edinburgh, 8 July 1690
Their majesties' high commissioner and the estates of parliament, having heard this petition, do grant warrant and order to macers or messengers at arms to cite the persons condescended on in the petition, and the representatives of such of them as are dead, to compear before them within 15 days after the charge, with continuation of days, to answer to this petition in case the parliament be sitting, or otherwise before the commission appointed by an act of this parliament entitled 'Act for rescinding fines and forfeitures', to which commission they remit to hear the parties, to take trial and hear evidence upon the points of the complaint, and to report to the next session of this or other ensuing parliament; and grant warrant to messengers to cite witnesses to the effect aforesaid. And, in regard there is not free access for citing the persons complained of personally or at their dwelling houses, it is hereby declared that a citation at the market crosses of the head burgh of the shire within which their ordinary dwelling house is shall be sufficient.
[William Lindsay, earl of] Crawford, president†