[Decreet of forfeiture against the viscount of Dundee and others]

At Edinburgh, 14 July 1690, anent the libelled summons and indictment for high treason raised and pursued before the king and queen's majesties and the estates of parliament, written in Latin and issued under the hand of the depute of the directors of chancellery, keeper of the quarter seal, according to a warrant and act of parliament mentioned below, at the instance of Sir John Dalrymple, younger, of Stair, their majesties' advocate, for their highnesses' interest, in the matter underwritten against John [Graham], viscount of Dundee; James [Seton], earl of Dunfermline; [Lewis Crichton], viscount of Frendraught; [James Galloway], lord Dunkeld; Major William Graham of Boquhapple, Colonel Alexander Cannon; John Clelland of Faskin; Mr Colin MacKenzie, uncle to [Kenneth MacKenzie], earl of Seaforth; Sir John Drummond of Machany; William Crawford, younger, of Ardmillan; James Crawford, his brother; [Alexander] Robertson of Struan; David Graham, brother to the deceased John, viscount of Dundee, for himself and as representing the said viscount; [David] Haliburton of Pitcur and [...] Haliburton as heir to the deceased [David] Haliburton of Pitcur, his father; James Edmonstone of Newton of Doune; Sir Ewan Cameron of Lochiel; [...] Cameron, his eldest son; Donald MacDonald, younger, of Sleat; the laird of MacNaughton; [...] Grant of Ballindalloch; [...] Stewart of Appin; [Alastair] MacLean, alias MacDonald, elder, of Glencoe; Alexander MacDonald, younger, of Glengarry; Donald MacNeill of Gallachoille and Sir John MacLean of Duart, and various others, their associates and accomplices. The authentic copy whereof in English produced in manner specified below makes mention that where the crimes of rebellion and treason, rising and continuing in arms against their majesties and their highnesses' authority and government, and the assaulting of their majesties' forces, the garrisoning of houses and strengths, the harbouring, corresponding and associating with open rebels and traitors, the falling upon, wounding or robbing their majesties' forces in their retreat are high crimes punishable with forfeiture of life, lands and goods; and by the 3rd act of the 1st parliament of King James I it is statute and ordained that no man notoriously rebel against the king's person under the pain of forfeiture of life, lands and goods; and by the 37th act of his 2nd parliament it is statute that no man wilfully harbour, maintain or do favours to open and manifest rebels; and by the 14th and 15th acts of the 6th parliament of King James II, and of the 12th parliament of King James VI, chapter 146, the rising in fear of war or supplying the rebels in help, advise or counsel, or the stuffing of houses for the furthering of the king's rebels are crimes for which the persons are punishable as traitors, against whom not only forfeitures are allowed to proceed in absence by the 11th act of the 1st session of the 2nd parliament of King Charles II, but also by the 69th act of the 6th parliament of King James V the summons of treason may be pursued against the heir for the treason committed by his predecessor. Nevertheless, it is of verity that the deceased John, viscount of Dundee and James, earl of Dunfermline; [Lewis], viscount of Frendraught; [James], lord Dunkeld; Major William Graham of Boquhapple; Colonel Alexander Cannon; John Clelland of Faskin; Mr Colin MacKenzie, uncle to the earl of Seaforth; Sir John Drummond of Machany; William Crawford, younger, of Ardmillan; James Crawford, his brother; [Alexander] Robertson of Struan; Mr David Graham, brother to the viscount of Dundee; the deceased [David] Haliburton of Pitcur and [...] Haliburton, his son; James Edmonstone of Newton of Doune; Sir Ewan Cameron of Lochiel; [...] Cameron, his eldest son; Donald MacDonald, younger, of Sleat; the laird of MacNaughton; [...] Grant of Ballindalloch; [...] Stewart of Appin; [Alastair] MacLean, alias MacDonald, elder, of Glencoe; Alexander MacDonald, younger, of Glengarry; Donald MacNeill of Gallachoille and Sir John MacLean of Duart, with various others, their associates and accomplices, having shaken off all fear of God and regard to their majesties and their laws and love to their native country, they did rise and continue in open arms against their majesties' authority and government on the 1, 2, 3 or one or other of the days of the month of April 1689, or one or other of the days of the month of May thereafter the said year. And upon the [...] day of May, or one or other of the days of the said month and year of God aforesaid, the said deceased John, viscount of Dundee and the other persons above-mentioned did come to the town of Perth in fear of war, and therein in a hostile manner did seize and carry away the deceased [William Blair], laird of Blair and other officers of their majesties' forces; and detained the laird of Blair prisoner in the castle of Duart in a cruel and sad condition until he died. And upon the [...] day of June 1689, or one or other of the days of the said month, the persons above-named, and others, being all armed, marching to join the rebels, did attack a certain number of their majesties' forces under the command of Captain Alexander Young in Kintyre. As also the said John, viscount of Dundee, James, earl of Dunfermline and the other persons above-named, having raised and assembled several thousands of rebels and Highland robbers, they had the boldness to march through the country oppressing and destroying their majesties' good and loyal subjects and to oppose their forces. And upon 26 July 1689, or one or other of the days of the said month, the said late John, viscount of Dundee, as general or leader of the persons aforesaid and other rebels, did in a plain battle attack their majesties' army between the Blair of Atholl and the pass of Killiecrankie, and did kill and wound several of their majesties' forces and good subjects. And thereafter upon the [...] days of August 1689, or one or other of the days of the said month, or one or other of the months of the said year, the said James, earl of Dunfermline and the other persons aforesaid and their accomplices did attack their majesties' forces at Dunkeld where they did kill Lieutenant Colonel William Clelland, Major [...] Henderson and several others of their majesties' officers and faithful soldiers. And, having met and assembled at Inverlochy upon the 1, 2 or 3 days of the month of [...] and year of God aforesaid, or one or other of the days of the months of [...], they entered into treasonable conspiracies, bonds and associations for furnishing of certain numbers and proportions of armed men for the maintenance and support of the rebellion; and sent out parties to murder and destroy their majesties' good subjects and to rob and plunder them of their goods. And the particular acts of rebellion, treason, rising and continuing in arms against their majesties' authority and government, the assaulting of their forces, the garrisoning of houses and strengths, the harbouring, corresponding with open rebels and traitors, and the falling upon, wounding or robbing their majesties' forces, and the other crimes above-mentioned, were committed by the persons above-named and others and each one of them in manner above-mentioned upon the respective days of the several months of the said year 1689, or upon one or other of the days of one or other of the months of the said year 1689. Of the which horrid and treasonable crimes above-specified, or one or other of them, the whole forenamed persons and each one of them are actors and accessory thereto, which, being found by their majesties and the estates of parliament, they ought to be punished as horrid traitors and rebels with forfeiture of life, lands, honour and goods, to the terror of others to commit the same in time coming. And therefore the said whole defenders above-named to have compeared before their majesties and the three estates of parliament within the parliament house of Edinburgh at a certain day bygone to have heard and seen sentence and decreet given and pronounced against them in the said matter, as at more length is contained in the said principal summons, which contains therein a warrant for executing thereof with the usual solemnities necessary upon 25 days' warning at the market cross of the head burgh of the shire where the forenamed persons live; and in case there be not free access thereto, at the head burgh of the next adjacent shire where they live, according to an act of the first session of their majesties' first parliament dated 1 August 1689, as the said summons raised and duly executed against the whole forenamed persons more fully purports. The said Sir John Dalrymple, their majesties' advocate, compeared personally, who desired that the said process of treason raised before the parliament at his instance against the representatives of the viscount of Dundee and [David] Haliburton of Pitcur, and against the said James, earl of Dunfermline and the persons above-named and others in this kingdom who rose in actual rebellion against their majesties and still continue in arms, might be called; and accordingly all the persons against whom the libel or indictment of high treason is raised were thrice publicly called by macers at the bar and at the great door of the house, and, none of them compearing, the said Sir John Dalrymple, their majesties' advocate, produced in presence of the estates of parliament the letters and indictment of high treason written in Latin upon parchment under the hand and subscription of the depute director of the chancellery, keeper of the quarter seal, together with another duplicate thereof under the hand and subscription of the said depute director of the chancellery, keeper of the said quarter seal. Item, an authentic copy of the said letters of treason translated into English, together with the aforesaid act of parliament dated 1 August 1689, whereby the king and queen's majesties and the estates of parliament do grant warrant to his majesty's advocate to raise an indictment of high treason before the parliament against the viscount of Dundee, the earl of Dunfermline and other persons who are in open rebellion against their majesties; and likewise against all such persons as intercepted any of his majesty's forces under the command of Major General MacKay in their retreat and killed, wounded or robbed them of their clothes, horses and arms; and thereby they declare that a citation against the said persons at the market cross of the head burgh of the shire where they dwell, or, in case there be not free access thereto, at the market cross of the head burgh of the next adjacent shire shall be sufficient. And after production and reading of the said indictment in Latin, whereof there were two principals produced and an authentic copy thereof in English and the act of parliament above-mentioned, which were read in audience of their majesties' high commissioner and the estates of parliament, their majesties' said advocate did produce an execution of the said summons dated the 7, 8, 10, 12, 13, 14 and 24 days of March 1690 under the hand of George Ogilvie, Albany herald, bearing that the said George Ogilvie, Albany herald, at command of the said letters of treason raised at the instance of their majesties' said advocate against the said defenders, and by virtue thereof, with one of their majesties' trumpeters and witnesses subscribing thereto, passed upon the said 7 March to the market cross of Cupar in Fife, head burgh of the sheriffdom thereof; and upon the said 8 March to the said market cross of Forfar, head burgh of the sheriffdom thereof; and upon the said 10 March to the market cross of Aberdeen; and upon the said 12 March to the market cross of Banff; and upon the said 13 March to the market cross of Elgin of Forres; and upon the said 14 March to the market crosses of Nairn and Inverness respectively; and upon the said 24 March to the market cross of Perth, head burghs of the sheriffdoms thereof; and there at each one of the said crosses respectively and successively in their majesties' names and authority, with their coats of arms displayed, sound of trumpet and other solemnities requisite and necessary, open proclamation and public reading of the said summons of treason, he lawfully charged the whole persons above-mentioned and below, namely: John, viscount of Dundee; James, earl of Dunfermline, [...] and all others, the successors of such of them as are dead, and their tutors and curators, if they have any, for their interest, to have compeared before the high court of parliament within the parliament house of Edinburgh upon the days particularly mentioned in the said summons; and that he made certification and affixed and left authentic duplicates with a list of the witnesses at and upon each one of the said market crosses before and in presence of the witnesses mentioned in and subscribing witnesses to the said execution, together with another execution under the hand of William Glover, Rothesay herald, bearing that upon the said 8, 10, 12, 14 and 15 days respectively of the month of March 1690, the said William Glover, to have at command of the said summons of treason at the instance of the said Sir John Dalrymple, their majesties' advocate, for their highnesses' interest, against the whole defenders above-named and their accomplices, passed with a trumpeter upon the said 8 March and year of God aforesaid to the market cross of Lanark, head burgh of the sheriffdom thereof; and upon 10 March and year of God above-written, to the market cross of Ayr, head burgh of the sheriffdom thereof; and also upon the said 12 March and year of God aforesaid, to the market cross of Inveraray, head burgh of the sheriffdom of Argyll; and upon the 14 March and year of God above-written, to the market cross of Renfrew, head burgh of the sheriffdom thereof; and upon the 15 March and year of God aforesaid, to the market cross of Stirling, head burgh of the sheriffdom thereof; and there, at each one of the said crosses respectively and successively, in their majesties' name and authority, the said William Glover, Rothesay herald, lawfully summoned, warned and charged each one of the forenamed persons above-named and others contained in the summons of treason, and each one of them and the successors of such of them as are dead, by sound of trumpet three several times with displayed coat, by open proclamation and public reading of the said summons of treason, and using other solemnities necessary to compear before their majesties' high court of parliament to be held within the parliament house of Edinburgh at a certain day bygone in the hour of cause, with continuation of days, to the effect, for the cause and made certification, as is expressed in the said summons of treason, and affixed and left a just and authentic copy upon each one of the said market crosses respectively and successively upon the days respectively above-specified, together with a list of the witnesses' names before and in presence of the witnesses mentioned and designed in the execution and subscribing witnesses thereto, as the said executions more fully bear. Thereafter the said George Ogilvie, Albany herald, and the said William Glover, Rothesay herald, who did execute the said letters of treason, and the witnesses inserted and subscribing witnesses to their said executions respectively aforesaid, compeared personally in presence of their majesties' high commissioner and the estates of parliament, and, after public reading of the said libel of treason in Scots and the executions of the same, the said heralds and witnesses, being solemnly sworn and interrogated, testified that the said executions formerly subscribed by the said heralds and witnesses were true executions in all points in manner therein contained, and that the same was true as they should answer to God, as their oaths and depositions written upon the back of the said respective executions and subscribed by them and by the president of parliament more fully bear. Thereafter their majesties' advocate did obviate three objections which might be made: firstly, that where the executions does not bear that the parties were cited at their dwelling houses but only at the market cross of the head burgh of the shires, he represented that the warrant given by the parliament for raising the process does expressly allow that manner of citation; secondly, albeit the persons cited be absent, yet the leading of evidence against them, although absent, is expressly warranted by the [...] act of the [...] session of the [...] parliament of King Charles II in 1669; thirdly, the prosecuting of evidence against persons guilty of treason after their death is according to the 69th act of the 6th parliament of King James V, which acts were read in audience of their majesties' high commissioner and the estates of parliament. And then their majesties' advocate declared that he restricted the libel to the defenders being actually in arms against their majesties after 4 May 1689 (which was 21 days after the proclamation of their majesties King William and Queen Mary to be king and queen of this realm), or such of the said defenders who joined with any of the rebels who were in arms after the said day, and the said James, earl of Dunfermline, [...] and also the said David Graham, for himself and as successor to the late viscount of Dundee, and [...] Haliburton, son to the said [David] Haliburton of Pitcur, being lawfully summoned by heralds with displayed coats and sound of trumpet and other solemnities requisite to have answered to the aforesaid indictment, and being often and various times called by macers in the parliament house and at the great door, which was cast open as use is, and not compearing, the which libel and indictment of treason pursued by their majesties' advocate against the deceased viscount of Dundee and his representatives, the earl of Dunfermline and others contained in the libel, with the executions thereof, with the principal indictment and the authentic duplicate of the same in English, with the aforesaid act of parliament empowering and granting warrant to the said Sir John Dalrymple, their majesties' advocate, to intend, raise and prosecute the aforesaid libel of treason against the said defenders in the way and manner above-mentioned, being at length heard, seen and considered by their majesties and the estates of parliament; and they therewith they, by their vote and interlocutor, found the libel relevant in these terms: that these persons were actually in arms against their majesties after 4 May 1689, or joined with any of the rebels who were in arms after the said day, relevant to infer the pain of treason. After pronouncing of which interlocutor, their majesties' advocate, pursuer, did cite various reputable witnesses lawfully cited for proving the points of the libel admitted to his evidence, who, having compeared in presence of their majesties' high commissioner and the estates of parliament and being solemnly sworn, purged of partial counsel, examined and interrogated upon the points of the libel and indictment of treason admitted to the pursuer's evidence, testified in manner mentioned in their oaths and depositions, as the same subscribed by them and the president of parliament extant in process fully bear. And likewise their majesties' advocate produced the writs mentioned below, namely: a bond of association entered into by the laird of Lochiel, Donald MacDonald, younger, of Sleat and other Highlanders whereby they bind and oblige themselves for his majesty (the late King James') service and their own safety to meet at [...] the day of September 1689, and to bring along with them the number of [...] of fencible men; that is to say each one of them, their proportional part and number particularly therein innumerate, but it is thereby declared that, in case any of the rebels shall assault or attack any of the persons mentioned in the said bond of association between the date thereof and the aforesaid day of rendezvous, they do solemnly promise to assist one another to the utmost of their power, dated 24 August 1689. Item, another bond of association between the viscount of Frendraught, John Grant of Ballindalloch and others dated at [...] on 15 January 1690 whereby, as they pretend in testimony of their loyalty to their sacred and dread sovereign and for the security of their friends and good neighbours, they vow and protest before the Almighty God and on their salvation at the great day to go on secretly and with all the power and strength they have to stick and bide by one another; and when any of them shall be stressed or in any way molested by any party or enemy whatsoever, they shall repair to their aid with all their strength and power, and that upon the first call, without any further postponement or delay; and that they shall never be beside or broken off the said association without the consent of his majesty's general and the major part of themselves, so help them God. As also produced a letter written by the said Sir Ewan Cameron of Lochiel, Mr Colin MacKenzie, uncle to the earl of Seaforth, John Grant of Ballindalloch, the laird of MacNaughton, Sir John MacLean of Duart and others of the Highland clans direct to Major General MacKay from Birse of 17 August 1689 in answer to his, whereby they acknowledge the receipt of the major general's letter from Strathbogie and they saw that he gave an account to Brigadier Cannon from Perth to which he gave a civil return; for, by telling that they support themselves by fictions and stories (a thing known all the world over) is no railing. And that the Christian means (as the major general said in his last) they make use of to advance their good cause by is evident to all the world, and the argument they use to move them to address to their government is consequential to the whole, for, instead of telling them what Christians, men of honour, good subjects and good neighbours ought to do, he tells them in both letters that his majesty (the late king) has hot wars in Ireland and cannot in haste come to them, which, though it were as true, as they know it is not, is only an argument from safety and interest; and that he might know the sentiments of men of honour, they declare to him and all the world they scorn his usurper and the indemnities of his government. And to save his further trouble by his frequent invitations they assure him that they are satisfied their king takes his own time and way to manage his dominions and punish his rebels, and, albeit he should send no assistance to them at all, they will all die with their swords in their hands before they fail in their loyalty and sworn allegiance to their sovereign. And desires he may then judge what effect [William Douglas], duke of Hamilton's letter has upon them, but that they had received an honourable father for that story from Ireland. And although they can better tell him how matters go in Ireland and that they pity those on whom such stories have influence, yet since they have no orders to offer conditions to any rebels, they allow his grace and the major general to believe on and take their measures by their success until the further orders of his majesty (the late king). And they thank the major general for the good meaning of his invitation, though they are confident he had no hopes of success, and that they will shortly endeavour to give him a requital. And that those of them who live in islands have already seen and spied the prince of Orange's frigates, and that they had returned the duke of Hamilton's letter because he had more use for it than they. After production and reading of the said two bonds of association and missive letter respectively above-mentioned in audience of their majesties' high commissioner and the estates of parliament, the said Sir John Dalrymple, their majesties' advocate, declared that, besides the depositions of the witnesses cited against Sir Ewan Cameron of Lochiel, Donald MacDonald, younger, of Sleat, the laird of MacNaughton and [...] Grant of Ballindalloch, he made use of the said two bonds of association entered into and signed by the laird of Lochiel and other Highlanders at the castle of Blair in August 1689 and the other bond in January 1690 subscribed by the viscount of Frendraught and others, by which bonds they oblige themselves to stick to one another in his majesty's service, which by the place and persons appears to be the late King James. And further declared that he made use of the said bonds of association and missive letter for corroboration of the evidence against the said persons, subscribers thereof, and desired that the evidence cited against the defenders might be read over and voted singly as to every one of the defenders, which was accordingly done. And the king and queen's majesties and the estates of parliament, having considered the aforesaid libel and indictment for high treason pursued at the instance of their majesties' advocate against the forenamed persons, defenders, with the depositions of the witnesses who were cited and present and testified in the said matter of treason as to the points admitted to the lord advocate's evidence in manner aforesaid, namely: against the deceased John, viscount of Dundee; Mr David Graham, brother to the said viscount, for himself and as heir and successor to the said late viscount; Lord Dunkeld; Major William Graham of Boquhapple; Colonel Cannon; John Clelland of Faskin; James, earl of Dunfermline; [Lewis], viscount of Frendraught; Mr Colin MacKenzie, uncle to the earl of Seaforth; Sir John Drummond of Machany; William Crawford, younger, of Ardmillan; James Crawford, his brother; the laird of Struan Robertson; James Edmonstone of Newton of Doune; Sir Ewan Cameron of Lochiel; [...] Cameron, his eldest son; [David] Haliburton of Pitcur and [...] Haliburton of Pitcur, his son; [...] Stewart of Appin; [Alastair] MacLean, alias MacDonald, elder, of Glencoe; Alexander MacDonald, younger, of Glengarry; [Donald] MacNeill of Gallachoille; Sir John MacLean of Duart; Donald MacDonald, younger, of Sleat; [...] Grant of Ballindalloch and the laird of MacNaughton, namely: that the forenamed persons were actually in arms against their majesties after 4 May 1689, or joined with any of the rebels who were in arms after the said day. And, having also considered the bonds of association and missive letter above-mentioned produced by the lord advocate, which he declared he made use of for corroborating the evidence against the said Donald MacDonald, younger, of Sleat and Grant of Ballindalloch, they found and hereby find the aforesaid crime of treason as it is found relevant, namely: that the forenamed persons were actually in arms against their majesties after the 4 May 1689, or joined with the rebels who were in arms after the said day, sufficiently verified and proven against the said John, viscount of Dundee; Mr David Graham, his brother; Major William Graham of Boquhapple; Colonel Alexander Cannon; John Clelland of Faskin; James, earl of Dunfermline; [Lewis], viscount of Frendraught; Mr Colin MacKenzie, uncle to the earl of Seaforth; Sir John Drummond of Machany; William Crawford, younger, of Ardmillan; James Crawford, his brother; the laird of Struan Robertson; James Edmonstone of Newton of Doune; Sir Ewan Cameron of Lochiel; [...] Cameron, his eldest son; [David] Haliburton of Pitcur; [...] Stewart of Appin; [Alastair] MacLean, alias MacDonald, elder, of Glencoe; Alexander MacDonald, younger, of Glengarry; [...] MacNeill of Gallachoille; Sir John MacLean of Duart; Donald MacDonald, younger, of Sleat; [...] Grant of Ballindalloch and the laird of MacNaughton. Having passed several votes upon advising of the evidence as to each one of them, upon pronouncing of which interlocutor, William [Lindsay], earl of Crawford, for himself and on behalf of Dame Henrietta Seton, countess of Wigtown, now countess of Crawford, his spouse, gave in the protestation underwritten, representing that whereas the said James, earl of Dunfermline, upon an assignation granted to him by the said countess of Crawford of 2,000 merks of her jointure, did grant to the said countess a back-bond dated 2 May 1683 declaring the same to have been granted in trust and for the benefit of the said countess and her children, as the said back-bond bears. As also that the said William, earl of Crawford, having one assignation from the deceased [John Lindsay], earl of Crawford, his father, of all debts and sources of money, has right to the sums due to him by the said James, earl of Dunfermline, his father, on any account whatsoever. And therefore the said William, earl of Crawford, for himself and in name of the said countess of Crawford, his spouse, protested that the doom and sentence of forfeiture to be given and pronounced against the said James, earl of Dunfermline shall not be prejudicial to their said debts and claims, but that the estate to be forfeited shall be burdened and liable thereof likewise as if the said sentence of forfeiture had not been pronounced, and thereupon asked and took instruments. Which protestation their majesties and the estates of parliament have admitted and admit. And likewise Captain Charles Straiton protested that the doom and sentence of forfeiture to be given and pronounced against the viscount of Dundee shall not prejudice him of the sum of 5,000 merks and annualrents thereof contained in a bond granted by the late viscount to Provost Reynold and in a translation by him in favour of the said Captain Charles Straiton, and which bond was granted several years before the late happy revolution. Which protestation their majesties and the said estates of parliament also have admitted and admit. And therefore our sovereign lord and lady and the estates of parliament, by the mouth of John Ritchie, dempster of parliament, decree and adjudge the name, fame, memory and honour of the said viscount of Dundee and [David] Haliburton of Pitcur to be extinct, their blood to be tainted and their names to be riven forth and be deleted out of the book of arms, so that their posterity may never have place nor be able hereafter to hold or enjoy any honours, offices, titles or dignities in time coming. And the said persons to have forfeited and lost all and sundry their lands, heritages, tacks, steadings, rooms, possessions, goods and gear, moveable and immoveable, whatsoever pertaining to them, to belong to their majesties and to remain perpetually with them and their successors in property. And likewise their majesties and the estates of parliament, by the mouth of the said John Ritchie, dempster of parliament, decree and adjudge the said James, earl of Dunfermline; [Lewis], viscount of Frendraught; [James], lord Dunkeld; Major William Graham, Colonel Alexander Cannon, John Clelland of Faskin; Mr Colin MacKenzie, uncle to the earl of Seaforth; Sir John Drummond of Machany; William Crawford, younger, of Ardmillan; James Crawford, his brother; the laird of Struan Robertson; David Graham, brother to the viscount of Dundee; James Edmonstone of Newton of Doune; Sir Ewan Cameron of Lochiel; [...] Cameron, his eldest son; Donald MacDonald, younger, of Sleat; the laird of MacNaughton; [...] Grant of Ballindalloch; [...] Stewart of Appin; [Alastair] MacLean, alias MacDonald, elder, of Glencoe; Alexander MacDonald, younger, of Glengarry; Donald MacNeill of Gallachoille and Sir John MacLean to be executed to the death, demeaned as traitors and to underlie the pains of treason when ever they shall be apprehended, and that at such times and places and in such manner as their majesties or the estates of parliament or the commissioners of justiciary shall appoint. And ordain the said persons, their name, fame, memory and honours to be extinct, their blood to be tainted and their arms to be riven forth and deleted out of the books of arms so that their posterity may never have place nor be able hereafter to hold or enjoy any honours, offices, titles or dignities in time coming. And the said persons immediately above-named to have forfeited and lost all and sundry their lands, heritages, tacks, steadings, rooms, possessions, goods and gear, moveable and immoveable, whatsoever pertaining to them, to belong to their majesties and to remain perpetually with them and their successors in property, which was pronounced for doom and whereupon their majesties' advocate asked and took instruments.

  1. NAS. PA6/27, 'Appendix, July 14 1690'. There are no folio numbers for this document. The decreet is written on a number of pieces of paper joined together to form a single scroll. Back
  2. 'being called' erased from manuscript. Back
  3. At this point the text of the manuscript is unclear. It would appear that the clerk has written a note concerning the repetition of the following list, already recorded in the decreet. APS repeats this list as follows: '[Lewis], viscount of Frendraught; [James], lord Dunkeld; Major William Graham of Boquhapple; Colonel Alexander Cannon; John Clelland of Faskin; Mr Colin MacKenzie, uncle to the earl of Seaforth; Sir John Drummond of Machany; William Crawford, younger, of Ardmillan; James Crawford, his brother; [Alexander] Robertson of Struan; James Edmonstone of Newton of Doune; Sir Ewan Cameron of Lochiel; [...] Cameron, his eldest son; Donald MacDonald, younger, of Sleat; the laird of MacNaughton; [...] Grant of Ballindalloch; [...] Stewart of Appin; [Alastair] MacLean, alias MacDonald, elder, of Glencoe; Alexander MacDonald, younger, of Glengarry; Donald MacNeill of Gallachoille and Sir John MacLean of Duart ...' Back
  4. At this point the text of the manuscript is unclear. It would appear that the clerk has written a note concerning the repetition of the following list, already recorded in the decreet. APS repeats this list as follows: '[Lewis], viscount of Frendraught; [James], lord Dunkeld; Major William Graham of Boquhapple; Colonel Alexander Cannon; John Clelland of Faskin; Mr Colin MacKenzie, uncle to the earl of Seaforth; Sir John Drummond of Machany; William Crawford, younger, of Ardmillan; James Crawford, his brother; [Alexander] Robertson of Struan; James Edmonstone of Newton of Doune; Sir Ewan Cameron of Lochiel; [...] Cameron, his eldest son; Donald MacDonald, younger, of Sleat; the laird of MacNaughton; [...] Grant of Ballindalloch; [...] Stewart of Appin; [Alastair] MacLean, alias MacDonald, elder, of Glencoe; Alexander MacDonald, younger, of Glengarry; Donald MacNeill of Gallachoille and Sir John MacLean of Duart ...' Back
  5. 'well and ripely advised' added in APS. Back
  6. This is followed by a line drawn after 'Ballindalloch'. The text begins again on the following line. Back
  7. This is followed by a line drawn after 'Duart'. The text begins again on the following line. Back