[A1641/7/37]¹

[Supplication of Elspeth Ross and Hugh Ross of Tollie against any remission to be granted to those accused of the murder of Donald Roy]

Supplication of Elspeth Ross²

My lords and other estates of this present parliament now presently convened, to your lordship humbly means and shows Elspeth Ross, widow of the late Donald Roy, miller, servant to Hugh Ross of Tollie, Alexander Roy, miller, brother-german to the said late Donald, Walter, Finlay, Alexander, William, Isobel and Christian Roy, bairns of the said late Donald, all pupils and orphans, the eldest of us not exceeding 15 years, and the said Hugh Ross of Tollie, our master, for his interest. That where your lordship and estates of parliament now presently convened, being now sitting for repressing of all oppressions and injuries done in this kingdom and to see justice administrated relating thereto, and specially for purging the land of murder, slaughter and innocent blood committed therein, the assurance of your lordships proceeding therein has emboldened us to represent and show that upon 19 May last, Robert Munro of Obsdale, tutor of Foulis, Farquhar Munro of Teanord, William Munro, his eldest lawful son, Hugh Munro of Fyrish, David Munro, portioner of Keaturell, John Munro in Teanord, John Roy in Teanord, Robert Munro Hutchinson in Drummond, Patrick Brown there, Alexander MacRorie in Balconie, Robert MacRorie, his son, Master James Brown in Foulis, Archibald Munro there, James Gow there, Donald Gow, his son there, Neil MacIain, tailor there, Neil MacRorie there, William Gow, younger, there, Donald Balloch there, Alexander MacFarquhar there, William Rorie Balloch there, Donald MacThomas, wreik there, Thomas Thomson in Teanord, John Brebner there, George Munro, Hector's son, Robert and John Munro, sons lawful to Hugh Munro in Milton, Keatuall, Domhnall mac Fhionnlaigh Ruaidh³ in [...], Seumas mac Dhomhnaill Ruaidh⁴ in Culcairn, Master John Munro, portioner of Swordale, Iain Ruadh mac Iain mhic Sheòrais⁵ there, Iain Cruaidh⁶ mac Iain⁷, saurie⁸ there, Domhnall mac Alasdair⁹, Sock Adie¹⁰ in Strone, George Roy in Newtoune, Domhnall Òg¹¹ there, Alasdair mac Iain mhic Alasdair¹² there, Fionnlagh mac Fhionnlaigh mhic Iain¹³, farmer in Keatuall, Kenneth MacKenzie of Assynt, Domhnall mac Ruairidh thòcair¹⁴ elder in Culcairn, Donald MacMiller in Drummond, William Miller in Keatuall, Domhnall mac Iain Donnaidh¹⁵ in Assynt, Eachann mac Iain mhic Alasdair¹⁶ there, Uilleam mac Iain mhic Dhomhnaill¹⁷ there, Ian Rothach [mac] mhic Mhurchaidh¹⁸ there, John Munro there, William MacKenzie of Milton, Donald MacAulay there, William MacAulay there, Donald MacAdie in Boath, William MacComie in Lealdie, Iain mac Dhomhnaill mhic Ruairidh thòcair¹⁹, Alexander MacCra, domestic servant to the said Kenneth MacKenzie of Assynt, John Munro in Boath, John MacCra in Assynt, Uilleam mac Iain Ruaidh²⁰ in Keanlochglass, Fionnlagh mac Uilleam mhic GilleMhìcheil²¹ in Balnacoul, Domhnall mac Dhomhnaill Ghreusaiche²² in Teannachcraige, Fionnlagh mac Dhomhnaill Ghreusaiche²³, his brother there, Andrew Munro in Balnacoul, Ùisdean mac Fhionnlaigh mhic Raghnaill²⁴ in Achteannachan, Uilleam mac Fhionnlaigh mhic Alasdair²⁵ in Auchnagaul, John MacTeir there, John MacDonald, weaver.

And others, their accomplices, came after sun setting to the number of [...] persons, equipped in hostile manner with hagbuts, guns, pistols, carabines, swords, shields, bows, quivers and other invasive weapons by all order of law or justice to the town and lands of Millcraig pertaining to me, the said Hugh Ross of Tollie, where the said late Donald Roy, miller, and others of mine, the said Hugh Ross, my servants, were in a most peaceable manner at my service for the time. And there most cruelly and unmercifully shot many and diverse shots of guns, hagbuts, pistols, carabines and arrows at the said late Donald Roy, miller, and wounded him in diverse parts of his body. And not being content therewith, struck at him with diverse naked swords until at last he fell down dead to the ground, and immediately thereafter he departed this mortal life. And because the ordinary course and redress of law for the said slaughter cannot be conveniently followed forth for the present until the country be in some better settling, and that the persons above-named, or some of them, may move and deal with his majesty for a remission or respite for a time for committing of the said slaughter, which we know is both against the acts of parliament and the estates' resolution at this time that no such remissions or respite shall be granted whereby the land may be under the crying sin of blood and slaughter, and the poor widow and her six infants and fatherless orphans wanting means, defrauded of the benefit of law competent to us, therefore we beseech your lordship and other estates of this present parliament to give and appoint such order and warrant as shall be thought most fitting that no remission nor respite for any space or time shall be passed or completed to any of the forenamed persons for the said slaughter until the law have course against them, or else we satisfied and giving our consent thereto. And if any such remission or respite shall be privately procured, that the estates would declare the same null. And that it shall be lawful to us to prosecute the law against them notwithstanding thereof. And your lordships' and estates' answer humbly we beseech.

10 August 1641

The estates of parliament ordain [Sir James Carmichael], treasurer depute, and lords of exchequer to pass no remission nor respite in favour of the parties above-written, until the supplicant be first [...]²⁶, and ordain the duplicate hereof and supplication [...]²⁷ under the clerk's hand to be given to the parties.

[Robert Balfour, lord Balfour of] Burleigh, in presence of the lords of parliament