[1661/1/466]¹

Judicial proceedings: decreet

Decreit [for] laird of Donnollie and others against the late marques of Argyle, Ardkinlas and others

Anent the summons intentit and persewed befor the lord commissioner and estates of parliament at the instance of Sir Johne Fletcher, knight, our soverane lord's advocat, for his hienes['s] interesse, and at the instance of John McDougall of Donnollie, Alane McDougall of Rarae, Dougall McDougall of Donnach and John McDougall of Dagnish, for them for themselffs and in name and behalff of their freinds, kin, servants and followers, against whom the murthers, oppressions, robries and others acts, misdeids and maleversations wer committed by the persones afternamed in his majesties' service, and being his hienes['s] free leidges, against the deceast Archibald Campbell, late marques of Argyle, James Campbell of Ardkinglas, Dougall Campbell of Innerra and Archibald Campbell in Ballicharrie, for the crymes, facts and deids of heigh treason and others acts of murther, slaughter, oppression, robrie, fyre raiseing and other misdeids and maleversations, ane or mae, against our said soverane lord his umqhile dearest father, of blessed memorie, and against the fornamed persons, persewers, his majesties' frie subjects, for their adherence and loyaltie to his majestie and his said umqhile dearest father their service, and for all other crymes which may be layd to their or any of their charges tutcheing the decerning and declareing of the saids defenders, or ane or other of them, to be guilty of the saids crymes and deids be decreit of our said soverane lord, with advice of the estates of parliament or those impowered and authorized by his majestie for that effect, and thairfor to have incurred the paine of heigh treason viz, the forfalt of liffe, lands, dignitie, estate and goods, at the least such other censure and punishment in their persones, names, fames, estate and goods as our said soverane lord be himselff and, with advice of the saids estates of parliament, or those impowered and authorized by his majestie for that effect, shall think fit to inflict by fineing, confyneing or otherwayes according to the nature and qualitie of their crymes, misdeids and maleversations, ane or mae, and the benefite therof to be applyed to our said soverane lord's use, or such use as his majestie or those impowered and authorized by his heighnes for that effect shall appoint, becaus be the 129[th] act of the eight parliament of his majesties' dearest grandfather, King James the 6[th], of blessed memorie, his majestie and three estates then assembled in parliament ratified and approved the royall power and authority over all estates, alswell spirituall as temporall, within this realme in the persone of his majestie, his airs and successors, and statute and ordained that his heighnes and his successors be themselffs and their councill wer and should be judges competent to all persons his majesties' subjects of whatsumever degree, function, estate or condition they should be of in all maters, wherin they or any of them should be apprehended, summoned or charged to answer, and that none should presume nor take upon hand to declyne the judgment of his heighnes, his airs and successors or their councill in the premisses, under the paine of treason; and siclyk, be the first act of the 8[th] parliament and first act parlaiment 18[th] of his majesties' said umwhile dearest grandfather King James [the] 6[th], his majesties' soverane authority, princelie power, royall prerogative and priveledge of his croun, over all estates, persones and causes whatsomever, is confirmed in the person of his majestie and his hienes['s] successors, and the haill estates then conveened in parliament for them and their successors faithfullie promitted perpetually to acknowledge, obay, mantaine, defend and advance the life, honor, safetie, dignitie, soverane authority and prerogative royall of his majesties' said umqhile dearest grandfather, his airs and successors and priveledges of the croun, with thair lyves, lands and goods, and to withstand all persons, power or estates who should presume any wise to impugne or prejudge the same; which act is ratified be the thrid act of the first parliament of King Charles the first, of ever blessed memorie, his majesties' umqhile dearest father; lykas be the thrid and fourt acts of King James the first his first parliament, and by the 37[th] act of the second parliament of King James the first, and severall other acts, it is statute that none rebell against the king's person or authoritie or, if they doe in the contrarie or make war against his leidges or subjects, ressets any such traitors or supplies them² or does favour to rebells or any wayes assists them, or does not ryse at his majesties' command being required, they being convict therof, are punishable as traitors; lykas, be the 13[th]³ act of parliament the 8[th] [and] the 10[th] act of the 10 parliament of King James [the] 6[th], all depravers of his majesties' lawes and medlers in his majesties' affairs, or misconstruers of his proceidings, wherby any mistake may be moved betuixt his majestie and his loveing subjects are punishable by death; lykas, be the first act of King James the 5[th] his 3 parliament, and be the 51[th] act of the xi parliament of King James [the] 6[th], all burners of folks in their houses, all burners of houses and cornes and willfall fyre raiseing, as also all murther and slaughter of his majesties' leidges, wher the partie slane is under trust, credite, assureance and power of the slayer, the same is declared treason and leismaiestie; lykas, be the 75[th] act of Quein Maries 9[th] parliament and diverse other acts, it is statute that no maner of person or persons of whatsumever qualitie, estate, condition or degree (they being leidges of this realme) shall attempt to raise any bands of men of war on horse or foote without speciall licence in writ had and obtained of the queen's majestie for the tyme and her successors, under paine of death to be execute upon the raisers and rysers in armes; as also, be the 50[th] act of the xi parliament of King James [the] 6[th] it is statute and ordained that incaice it shall happen any landed man to be convict of the crymes of common thift, resset of thift or stelthreiff in tymecomeing, they shall incurre the cryme and paine of treason, that is tinsell and forfaltour of life, lands and goods, lykas be the common law, lawes and practick of this kingdome, all committers of murther, manslaughter, robrie, rapine or reiff is punishable be death and arte and parte of any such crymes, as also be the samen lawes all privat imprissoners, keepers of privat prissons and false imprissoners and all oppression whatsumever are punishable in lykemaner; and siclyk, be the 14 cap. of the acts of King Malcolm the second, makeing mention that forsameikle as it hath been sindrie tymes seen that diverse wicked and unjust men have slain faithfull, peaceable and well liveing men for envy, or procuration of others or for desire of their wyves' lands or geir, and the said menslayers have entered be this way to the possession of the lands and goods of these who wer slane and, to the effect they might brook and possesse the same peaceablie, they did also slay all the freinds and specially the childreen of them who wer slain be them of before, it is statute that the king shall have just action against those malefactors and their recepters becaus all the cheiff and principall men who did so wer false and men sworne against God, the king and the realme. Notwithstanding of which lawes and acts of parliament in the yeers 1643, 44, 45, 46 and 1647, in ane or other of the moneths therof, the deceast James, marques of Montrose and Sir James Lawmond of Inueryne, knight, being commissionat be his majesties' dearest father, of ever blessed memorie, to ryse in armes, and specially the said Sir James Lawmont, haveing also warrand from the said deceast marques of Montrose to raise all his men, freinds and followers and others who would adhere to him against the said deceast Archibald Campbell, late marques of Argyle and his followers, who wer then in rebellion against his majesties' said deceast father, the said Johne McDougall of Donnollie and the deceast Alexander McDougall, his father, haveing risen in armes with all their followers to the number of 500 men of their freinds, kinred and tennents and joyned themsellfs to the said Sir James Lawmont dureing the war in the said yeers, and being still in armes in his majesties' most royall father his service, wer invaded by the said defenders and particularlie be the said deceast Archibald Campbell, late marques of Argyll and David Leslie, and these in armes with them, and pursued to the fort of Donnavertie in Kintyre, which, not being able to hold out, ther being ane message sent in to these within the fort that if they did not come forth again ten hours the next day they should not have quarters, and if they come out they should have quarters, and the said Johne McDougall, being within the fort with his freinds who, haveing punctually as wes desired, at the verie hour of the day come forth and rendered themselffs, they wer all be the instigation of the deceast Archibald Campbell, late marques of Argyll, to the number of fyve hundreth men, officers and souldiers cruellie and inhumanelie butchered in cold blood (the said Johne McDougall, being then a child and in nonage wes only spared).

And the said deceast Archibald Campbell, late marques of Argyll, therafter in the saids yeers or ane or other of the moneths of the respective yeers of God abovespecified, did ryse fyre and brunt the saids persewers' haill lands viz, the 8 merk land of Ardmadie, the 6 merk land of Barngary, the 8 merk land of Achnasaill, the 4 merk land of Bellacharie, the 4 merk land of Drumnamucklish, the 6 merk land of Rarae, the 4 merk land of Lekish, the 2 merk land of Barleck, the ane merk land of Pennylochow,⁴ the 4 merk land of Kilnivran,⁵ the 4 merk land of Beldranan,⁶ the 6 merk land of Bellicherrell,⁷ the 6 merk land of Lagganmore, the 4 merk land of Laganbeg, the 4 merk land of Dounmoir, the 6 merk land of Kilbryd, the 4 merk land of Oban, the 2 merk land of Carnband,⁸ the 4 merk land of Cuilecherran, the 4 merk land of Innervergan, the 20 shilling land of Letirdualtane, the halff merk land of Deirlochan, the 30 merk land of Kerrarie, the 12 merk land of Degnish, the 18 merk land of Netherlorne, the 10 merk land of Ardincapell, the tuo merk land of Clepok, the lands of Muleg, the lands of Soraba, the lands of Golgin, the four merk land of [...] belonging to the said Dougall McDougall of Dunanch,⁹ and cruellie robd and tooke away the haill bestiall, goods, cornes and plenishing that wes upon the saids lands to the value of 12000 libs sterline; of the whilk rebellion, robrie, murther, slaughter, burnings, depradations and other crymes forsaids committed against the saids lawes and acts of parliament, in ane or other of the saids moneths of the respective yeers of God abovewritten, the saids defenders, or ane or other of them, and particularly the said deceast Archibald Campbell, late marques of Argyll, wer actors, authors, aiders, abaters, assisters, contryvers, devisers or arte and parte, and thairfor have incurred the paines contained in the saids acts of parliament.

Secondlie, in the yeer 1646, in ane or other of the moneths therof, the saids James Campbell of Ardkinglas, Dougall Campbell of Inneraw, Johne Campbell of Dunstaffnage, Archibald Campbell, wncle to the laird of Barbrek, and Archibald Campbell of Baringar, officers in the said deceast Archibald Campbell, late marques of Argyle, his regiment and under his command, haveing taken armes against his majesties' said umqhile dearest father, of glorious memorie, and his said commissioner, at command of the said deceast Archibald Campbell went with a partie under their command to the yle of Keirrara and ther, by forthought fellonie, most cruellie murthered with swords and durks Johne¹⁰ McDougall of Slatera and Dougall McDougall,¹¹ Alexander McDougall, Duncan McDougall, Duncan Mccoulay, Johne McVartine, Lauchlane Mcconnoch vic Ineoch, Johne Mcilcheon, Johne Mckeirrick, alias Leich, Duncan Mccallane, Johne Mckeag, Johne Mcilmichell [and] Donald Mcilvernak, innocent persons his majesties' free leedges, liveing under his majesties' protection and authority and that under cloud and silence of night, and tooke sex others captives viz, Hew McDougall, Ewin McDowgall, Duncan McDougall, Ronald McDougall, Donald Mcgillespie [and] Johne Oconocher, and even, after quarters given for liffe, at least in cold blood and being his majesties' free leidges, caried them prissoners to Inneraray and ther cruelly murthered and hanged them to death; off the which cruell cryms of murther the fornamed persons, or ane or other of them, wer authors, aiders, abaters, assisters, contryvers, devisers or arte and parte.

Thirdly, the said Johne McDougall of Rarae, being also joyned with his majesties' deceast father's commissioner the marques of Montrose and Sir James Lawmont, and haveing, in obedience of his majesties' command, taken armes against the said deceast Archibald Campbell, late marques of Argyll and his adherents, the said deceast Archibald and other persons forsaids, or ane or other of them, in the saids yeers of God 1644, 45, 46 and 1647, in ane or other of the moneths therof, most violentlie and be masterfull reiff and oppression did intrude themselffs in the said Johne McDougall of Rarae, his haill lands and estate, being of yeerly rent 5,000 merks, and possest the same the saids yeers so that the said Johne McDougall, haveing addrest himselff to James, duke of Hamilton, his majesties' said deceast most royall father's generall in the yeer 1648, from whom, haveing receaved some releiff, the said John went bak to the shire of Argile to act in his majesties' said deceast father's service and, being his majesties' free leidge wes, notwithstanding thairof, surprized be the said deceast Archibald Campbell, late marques of Argyll or the fornamed persons under his command, or ane or other of them, in the said yeer 1648 or 1649 or in ane or other of the moneths of the saids yeers and, being his majesties' frie leidge, as said is, wes put, confynd and imprissoned within the toun of Innerary, being a gentleman of 80 yeers, and so deteaned prissoner ay and whill he wes forced to resigne his house and estate of Ardmadie, extending to 90 merk land and ane quarter of the teiths of the paroche of Kilbranden to the said deceast Archibald Campbell, late of Argyle, wherby the said poore old gentleman and Allan Mc Dougall wer put to extream misery and left to beg in the cuntrie; off all which rebellions, rapines, robries, fyreraisings, oppressions, imprisonment of his majesties' frie leidges, the fornamed persons, defenders, or ane or other of them, and particularly the said deceast Archibald Campbell, late marques of Argyle, wer actors, authors, aiders, abaters, assisters, contryvers, devisers or arte and parte.

Fourthly, in anno 1646 the said Johne Mcdougall of Donnollie haveing, for his majesties' said deceast royall father's service, placed a garison in his house of Donnollie, and haveing placed Dougall McDougall of Donnaach governour therin, he, being reduced to extremitie, wes forced upon capitulation of frie quarters for himselff and his companie of their lyves, fortunes and goods, being then acting in his majesties' said deceast royall father's service under his said commissioner, wes invaded in a hostile maner be the said deceast Archibald Campbell, late marques of Argyle and the forsaid persons under his command, at the least be ane or other of them, and the house of Donnollie beseidged be them, so that the said Dougall McDougall, governour forsaid, wes forced to capitulat in maner abovewritten. Notwithstanding whairof, the said deceast Archibald Campbell, late marques of Argyle, at least the saids persons under his command or ane or other of them, contrare to the saids lawes of this kingdome and acts of parliament forsaid, and contrarie to their faith and capitulation, did seise upon and apprehend the person of the said Dougall, being his majesties' frie leidge and acting in his majesties' service, and caried him prissoner to ane castle in Argyll called Inchconnell, and did put him in the dungeon therof with heavie yrons upon his legs and armes, and so deteaned him ther ane yeer and three quarters in the yrons, which consumed his flesh and sinewes of his legs till, by torment and paine for safety of his liffe, he wes forced to resigne and dispone to the said deceast Archibald Campbell, late marques of Argyle, the four merk land of Belliecharrie, and to pay ten thousand¹² merk[s] for his expences dureing his imprissonment; of all which cruell rebellion, murther, false imprisonment and oppression abovewritten the fornamed persons, defenders, or ane or other of them, and particularly the said deceast Archibald Campbell, late marques of Argyle, wer authors, aiders, abaters, assisters, consulters, devisers, advisers or arte and parte.

Fyftlie, the said deceast Archibald Campbell, late marques of Argyle, haveing excludeit his oune father from his estate and put him to unsupportable straits and intending to inhance and get in his power the haill estates of all the gentlemen within the shire of Argyll, he did, under culor and pretence of law, in the yeers 1631, 32, 33, [and] 1634 or therby, or in ane or other of the moneths of ane or other of the forsaids yeers, take ane assignation to ane decreit¹³ against the said Johne McDougall, his goodsir, not exceiding the sume of one thousand punds¹⁴ and privatelie, without any lawfull charge given, caused denunce him rebell and apprehended him with caption, and keept him prissoner in his oune house of Craigneish and Skonneill, and therafter to Dunstaffnage from one prisson to another, not as a prissoner for a civill debt bot as ane malefactor, notwithstanding of severall tymes offer of the debt, and so deteaned him prissoner be the space of 18 moneths bot any remeid, till he wes forced, without any just cause, to renunce and dispone to the said deceast Archibald, late marques of Argyll, the lands of Dalgnes, the lands of Kilchoen, the lands of Auchanaird in Lesmoir, Coldtoun, Sannachen, Archein and Barein, being a 38 merk land worth 3,000 merk[s] be yeer or therby, and upon a stollen throw decreit of removeing, without any lawfull citation or any other just and lawfull ground, in the said yeer 1634 did also take from the said John McDowgall's goodsir, or at least from Allane McDougall of Torsay, to whom the said Johne McDougall's goodsir wes bund in reall warrandice, ane 20 merk land in Lyone, which he hes still possest since that tyme. Lykas also, in anno 1646, in ane or other of the moneths therof, the said Johne Mcdougall, haveing ane tak of the quarter of the teinds of the paroche of Kilbryd, which wes not then expyred, the said deceast Archibald Campbell, late marques of Argyle, and the saids persons under his command, at least ane or other of them in the said yeer 1646, in ane or other of the moneths thairof, did most violentlie, without order of law, intrude themselffs in the possession of the saids teinds and medle therwith, so that his greed and oppression is most manifest; off which crymes of oppression, the fornamed persons, defenders, or ane or other of them and in particular the said deceast Archibald Campbell, late marques of Argyll, wer authors, actors, aiders, abaters, consulters, devisers, contryvers, advisers or arte and parte.

Sextlie, the said Johne McDowgall and some of his said rwined freinds haveing, in the yeers 1644, 45, 46 and 1647, or in ane or other of the moneths therof, for the good of our soverane lord's deceast most royall father's service, and for safety of himselff and his freinds from the crueltie of the said deceast Archibald Campbell, late marques of Argyll and his freinds, did fortifie their house of Donnollie, and after the said deceast Archibald Campbell, be himselff and his freinds, had caused burne the said Johne Mc Dowgall his house of Gyland in the yle of Kerrara, haveing threatned those that wer therin with hanging to death if they did not burne the same, the said house wes accordingly, at his command, brunt and therafter, being forced to mak capitulation with David Leslie and Collonell Holburne, then leiders of the forces in assistance of the said deceast Archibald Campbell, late marques of Argyll, for the said house of Donnollie, they did delyver to the said Johne Mcdougall his house of Donnollie, with the hail furniture therin undestroyed, with his hail writs and charter kist, and immediatly therafter, Coline Campbell of Lochinyell, being then under command of the said deceast Archibald Campbell, late marques of Argyll, did by the instigation of the said deceast Archibald Campbell, or ane or other of the said persons, most falslie and deceatfully desire the use of ane chalmer of the said Johne Mcdougall his house of Donnollie; no sooner wes he entered, and the said Johne feareing no harme, he wes denyed entrie to his oune house and secluded therfra, and his haill goods, geir, plenishing and charter kist medled with violentlie and deteaned, so that the said Johne, feareing the crueltie of the said late marques, wes forced to reteir to the north wher he wes intertained and protected be Sir James McDonnell dureing the space of ane yeer, dureing which space and seven yeer after the said Coline Campbell of Lochinyell's entrie the rent of Donnollie wes uplifted be the said late marques of Argyll and his factors and others for his use, and at last for saifing of the wyves and childreen of those who wer murthered at Donnaverty and Kerrara, being then all destitute of subsistence, and the said Johne Mcdougall of Dunnollie redacted to great miserie, the said deceast Archibald Campbell, late marques of Argyle and his freinds, haveing possest and taken all their estates, reall and personall, the said Johne Mcdougall wes forced (without any justice or onerous cause) to give over and quyte to the said late marques his heretable baillierie of Lorne, and his houses and lands of Donnollie (being the marrow and best parte of his estate[)] for no other cause bot for granting of ane pretendit remission to him for being in his majesties' service; off the which crymes of cruell oppression and others forsaids, the fornamed persons, defenders, or ane or other of them and in particular the said deceast Archibald Campbell, late marques of Argyle, wer actors, authors, aiders, abaters, assisters, contryvers, devisers or arte and parte.

Seventhlie, the said late marques at that tyme setting himselff doun in his majesties' throne and usurpeing his hienes['s] authority and soveranity and priveledge and dignity of his royall croun, which his majestie hes to suspend any lyk crymes and all paines and penall lawes, did most treasonablie, against our said soverane lord and perfideouslie against his alledgeance, take upon him to grant and did actually grant remissions under his hand to the said Johne and Dougall McDougalls for themselffs and their freinds, for all crymes and other deids whatsumever alledged committed be them or their freinds in the bygone tyme of his majesties' service (which by the forsaid remission he most traiterously termes to be rebellion) as the said remissions under his hand of the date at Inneraray, the 27 and last days of October and July 1649 and 1654 yeers beares; of the which crymes of heigh treason, oppression and others forsaids, the fornamed persons, defenders, or ane or other of them, and in particular the said deceast Archibald Campbell, late marques of Argyll, wer actors, authors, aiders, abaters, assisters, contryvers, councellors, devisers, advisers or arte and parte.

And therfor, the saids defenders to have compeired befor our said soverane lord and estates of parliament, and these impowered and authorized by his majestie at a certane day bygone to have heard and seen it fund and declared that they, and ilke ane of them, at least ane or other of them, are guilty and culpable of the crymes of heigh treason and other acts of murther, slaughter, oppression, robrie, fyre raiseing and other misdeads and maleversations, particularly and generallie abovespecified, and that therthrow they and ilk ane of them, at the least ane or other of them, have incurred the forsaid paine and punishment of heigh treason viz, the forfaltour of their lives, lands and goods, and the benefite therof to be applyed to his majesties' use, at the least they or ane or other of them have incurred the forsaid censure and punishment in their persons, names and fames, and in their lands, estates and goods, by fyning, confyning or otherwayes, censured and punished as manifest traitors and enemies to his majestie and this his hienes['s] kingdome at the arbitrement and determination of our said soverane lord the king's majestie be himselff or, with advice of his saids estates of parliament, or those impowered be his majestie for that effect, according to the nature and quality of their crymes, misdeids and maleversations, ane or mae respective forsaids, as his majestie or these impowered or authorized be him for that effect should think expedient, which ought and should be inflicted upon them with all rigour in example to others in all tymecomeing; and als, to have heard and sein the forsaids dispositions, resignations and rights respective abovewritten, which the said deceast Archibald Campbell, late marques of Argyle, most violentlie and unjustlie forced and compelled the saids Johne Mcdougall of Donnollie, Johne McDougall of Rarae, now deceast father to the said Allane Mcdougall, now of Rarae, the said Dugall McDougall of Dunaach and Johne McDougall of Dagnish of the lands, teinds, heretable baillierie and others respective abovewritten in maner abovespecified, and all other dispositions, deids and infeftments whatsomever made to the said deceast Archibald Campbell, late marques of Argyll, or to any others in his name to his behove of the same, decerned and declared to have been, from the beginning to be now and in all tymecomeing, null in themselffs and of no availl, force, strenth nor effect, with all that hes followed or may follow therupon, and the said Johne McDougall of Donnollie, Allane McDougall, now of Rarae, as son and air to the said umqhile Johne McDougall, his father, Dougall McDougall of Donnaach and Johne McDougall of Dagnish, ilk ane of them, for their oune parts respective, restored in integrum ther against cum omni causa, and they peaceablie repossest in their severall lands, teinds, heretable baillierie and others abovewritten, as their oune propper lands and heretages, to be brooked by them, their aires, successors and assignayes in all tymecomeing at their pleasure; and siclyk, the said deceast Archibald Campbell, late marques of Argyle, to have heard and sein him decerned to give bak and delyver to the said Johne McDougall of Donnollie his haill writs and charter kist sua violently taken from him be the said deceast late marques of Argyll and his complices, as said is, conforme to the lawes and practick of this realme, and to justice, equitie, reason and conscience and conforme to ane decreit and sentence to be given and pronunced be his majestie and estates of parliament against the saids defenders therin, as in the said criminall summons and lybell abovewritten at more lenth is contained.

The said Sir Johne Fletcher, knight, his majesties' advocat for his heighnes['s] interesse in the said mater, compeiring personally and the saids Johne Mcdowgall of Donnollie, Allane McDougall of Rarae, Dougall McDowgall of Donnaach and Johne McDougall of Dagnish, persewers for themselffs and in name and behalff of their freinds, kin, servants and followers, compeiring be Masters David Heriot and William Maxwell, advocats, their procurators, who declared upon the fyft day of Junij lastbypast that they did not then insist against the said Archibald Campbell, late marques of Argyll, for any criminall punishment inrespect he hes suffered for his treasonable deids and actions committed against our soverane lord the king's majestie, bot that now they insist against him in sua far as may state the losses and prejudices sustained be the saids persewers and thair freinds in maner therinexprest, and craved that they may be reponed to their lands, teinds, offices and others above exprest, wrongouslie taken from them be the deceast Archibald Campbell, late marques of Argyle, and his compleisses and for obtaining reparation of their losses, and that they insisted against the remanent persons, defenders, upon the lybell abovewritten, as the same stands lybelled, and the said deceast Archibald Campbell, late marques of Argyll, befor his decease and remanent defenders abovenamed, compeirand be Masters George Norvell, Robert Sinclair, Johne Coninghame, George Mckenzie and Andrew Birnie, their procurators, the reasons and allegations of both the saids parties compeirand, being read, heard, seen and considered be ane certane number of the lords and others of the estates of parliament, commissionat by the whole estates for that effect, and they therwith and, with the haill poynts and contents of the said criminall lybell and summons (now insisted vpon), being well and ryplie advised, and haveinig made their report in presence of the saids haill estates of parliament in maner after exprest; with which report and haill contents therof, depositions of witnesses and other probation, evidences and grounds adduced for probation of the said lybell, the saids haill estates of parliament, being well and maturely advised, our soverane lord, with advice and consent of the estates of parliament now conveened, finds and declares that all and sindrie the forsaids dispositions, renunciations, bands, assignations and others rights particularly above exprest have been from the begining, are now and in all tyme comeing, voyd and null, as if the same had never been made nor granted, and als finds and declares all and sindrie dispositions, renunciations, resignations, bands and other writs whatsumever made and granted be the saids persewers, or any of them or their predicessors, to and in favours of the said Archibald Campbell, late marques of Argyle, or any others to his behove or to any of his assistants who wer joyned with him in councill or armes for granting pardon to the saids persewers, or any of thair saids predicessors for their service under the said deceast James, marques of Montrose, Sir Alexander McDonald or any others imployed in his majesties' service since the tymes of their apprehending and takeing as prissoners or flieing for their lyves respective, which they wer compelled to doe by force or imprisonment, with all that hes followed or may follow therupon, to have been from the begining, to be now and in all tyme comeing, voyd and null as if the same had never been made nor granted, and are heirby declared to mak no faith in judgement nor outwith the same in tymecomeing; and siclyk, our said soverane lord, with advice and consent of the saids estates of parliament, finds, decernes and declares all declarations and proclamations made and emitted against any of the saids persewers or their predicessors, and all acts of the pretendit parliaments or comitties for the tyme or others acts and decreits whatsumever made against them, or any of them, their freinds and followers for their joyning with and assisting the forsaids persons imployed in his majesties' service, as said is, to be voyd and null in all tymecomeing as if the same had never been made, emitted nor granted; and als, finds and declares that the murthers and depradations mentioned in the severall articles of the said criminall summons, and dittayes therin lybelled, wer committed and done be the fornamed persons, defenders, and those under their command for the tyme. And therfor, our said soverane lord, with advice and consent of his saids estates of parliament, decernes and ordaines the fornamed persons persewers to be reponed and restored to the actuall, reall, voyd and peaceable possession of their severall lands and teynds, castells, houses, bigings and pertinents thairof, particularlie above and after exprest, that is to say the said Johne McDougall of Donnollie to be reponed and restored to his possession of the sex merk land of Kilchoin and tuelff merk land of Degnish, the four merk land of Cadletan, the tuo merk land of Sonachan, the tuo merk land of Bernareich,¹⁵ the eight merk land of Ardchonnill, the four merk land of Achinnard, [and] the three merk land of Donnolich, more the tuentie merk land of Lyne viz, the four merk land of over Ardlarich, the four merk land of Nether Ardlarich, the four merk land of Torsay, the four merk land of Pardinshoch and the four merk land of Ardinnber,¹⁶ with the said teinds of Kilbryd perteaneing to him, and the heretable office of the baillierie of all Lorne; and the said Allan McDougall of Raray to be reponed and restored to the actuall, reall and peaceable possession of the sex merk land of Rayray, the ane merk land of Pennilochan, the four merk land of Ardmadie, the sex merk land of Barnayerrie, the four merk land of Achinashall, the four merk land of Barnacarrie in Nether Lorne, the four merk land of Dounmoir, the sex merk land of Kilkyd,¹⁷ the tuo merk land of Carnbane, the four merk land of Balliquhouine, the four merk land of Oban, the four merk land of Kilnirvyne, the four merk land of Barindronan,¹⁸ the sex merk land of Barrichireall, the four merk land of Leckish, the tuo merk land of Barabeg, the sex merk land of Laganmoir, the four merk land of Laganbeg, the four merk land of Drumnamucklich, the four merk land of Cuilcharran, the four merk land of Inneraigan, the tuo merk lands of Letterwualtoune and Dearlochan, and the four merk land of Creignanich, and teinds abovewritten belonging to him; and the said Dougall Mcdougall of Dunaach to be reponed and restored to the actuall, reall and peaceable possession of the four merk land of Bernacarrie in Midlorne, [all] whairof the forsaids persons, defenders, and their predicessors have been unjustlie dispossest, in maner abovewritten, and declares that they may presentlie enter therto, brooke, joyse and possesse the same freelie, peaceably and quyetlie, without any let, hinderance or impediment to be made to them be any person or persons whatsumever in any tyme comeing, and for that effect decernes and ordaines the haill fornamed persones, defenders, presentlie to flit and remove themselffs, their wyves, bairnes, families, tennents, subtennents, servants, cotters, goods and geir furth and fra the forsaidis lands, with the pertinents particularly abovexprest, and to desist and cease therfra and leave the same voyd and red, to the effect that the saids persewers, for their oune parts abovedevydit, may be themselffs, their tennents, servants and others in thair names, enter thairto, brook, joyse and possesse the same be themselffs, thair airs and successors, as their oune propper heritage at their pleasure in tyme comeing.

Becaus after that the said deceast Archibald Campbell, late marques of Argyll, and the remanent defenders abovenamed, thair saids procurators wer at lenth heard to debate and to give in what they had to say in writ for eleiding of the poynts of the said criminall summons befor the lord commissioner and lords of the articles, therafter the said lord commissioner and lords of the articles did nominat and appoint certane of the members of parliament viz, William, earle of Dumfreis, Sir George Mckenzie of Tarbet, Sir James Fouls of Colingtoun, Sir Archibald Stirline of Carden, Alexander Bayne, commissioner for the burgh of Dingwall, and Andrew Ross, commissioner for the burgh of Tayn, or any three of them, to consider and take tryell of the relevancie and probation of the said summons and criminall persute and processe, and to make their report theranent. And they haveing at lenth read and considered the same, and probations led therintill, they fand it sufficientlie provin that the said deceast Sir Johne McDougall of Donnollie, goodsir to the said Johne McDowgall, now of Donnollie, and the said Johne McDougall of Donnollie, himselff, the saids Allane McDougall of Raray and Dougall McDougall of Donnaach, wer taken prissoners by the fornamed persons, defenders, and wer keeped in prisson untill they wer forced to dispone and renunce all right and tytle they had or could pretend to their severall lands, offices and estates mentioned in the severall articles of the said criminall lybell and dittay, to and in favors of the said deceast Archibald Campbell, late marques of Argyll, and that they wer in peaceable possession of the saids respective lands lybelled untill the tyme that they wer apprehendit and forced to make the dispositions and resignations thairof forsaid, and that the said late marques of Argyll hes been in possession therof ever since; and als, they fand it sufficiently proven that the said John Mcdowgall, now of Donnollie, wes forced to flie to the yle of Sky for safety of his liffe, and that befor he wes saiff to returne he wes forced to quyt the baillierie of Lorn and his house and lands of Donnollie to the said late marques of Argyll. And lykwayes they fand it sufficiently proven, by many and diverse witnesses, that the murthers, slaughters and depradations mentioned in the severall articles of the said criminall summons, and dittays therin lybelled, wer committed and done be the fornamed persons, defenders, and those under their command for the tyme, and therfor, it wes the humble opinion of the fornamed persons sua nominat and appointed, to the lord commissioner his grace and honorable estates of parliament, that the forsaids persons, persewers, should be, by ane act of this present parliament, reponed and restored to the actuall, reall and peaceable possession of their severall lands, teinds and offices lybelled, castles, houses, bigings and pertinents therof, siclyk and in the same maner as they wer befor their imprissonment, and that they may presently peaceably enter therto, without any let, hinderance or impediment, and that all dispositions, resignations, renunciations, bands lybelled and others rights whatsumever made and granted be them, or any of them or their predicessors, which they and thair saids predicessors wer compelled to doe by force or imprissonment to and in favours of the said late marques of Argyll, or any others to his behove, with all that hes followed or may follow therupon, should, by this present parliament, be declared voyd and null as if the same had never been made nor granted; and siclyk, it wes thair humble opinion that all declarations emitted against any of the saids persons, persewers, and all acts of the pretendit parliament or committies or other acts and decreits whatsumever made against them, or any of them as being imployed in his majesties' service, as said is, should be declared voyd and null.

Which report abovewritten, being heard, read and considered be the saids haill estates of parliament, and they therwith, being well and ryplie advised, they approved the said report and, inrespect therof, our said soverane lord, with advice and consent of the saids estats of parliament, gave thair decreit and sentence in the said mater in maner forsaid, and ordaines letters of horning on tuentie dayes, if neid bies, to be direct heirupon for chargeing any persons who are in possession of any of the saids lands, teinds, office of baillierie, castles, houses, bigings and pertinents therof, to desist and cease therfra, and leave the same voyd and red to the effect the saids persewers may enter therto, conforme to the tenor of this present sentence, and ordaines all other execution neidfull to passe heirupon, in forme as effeirs, and that the same lettres and executoriells be direct to heraulds, pursevants or messingers of armes for executeing thairof.