as cautioner, was vnlawit for non-entrie of the said James Cuming, in the pane of ane thowfand mark, and for nocht entrie of Johne Cuming, in the pane of ane hundreth merks; and they ordanit to be denunceit, &c. Nov. 24.-Letters of Horning given in by Robert Hay, feruitour to Frances Erle of Erroll, to be registrate against the pannell, with executions and denounciatiounis, &c. [CURIA tenta per Archibaldum Ergadie Comitem, Jufticiarum Generalem et Magiftrum Willelmum Hairt ejus deputatum principalem.] Treason Hamesucken — Oppression Jan. 12, 1604.-GEORGE MELDRUM, younger of Dumbrek. Dilatit, accufet and perfewit be Sir Thomas Hammiltoun of Monkland, aduocat to our fouerane lord for his hienes entreis, of the crymes following, to witt. FORSAMEKILL as the faid George, haifing confauit ane deidlie feid, rancor and malice aganis Andro Meldrum, his brother, he, accumpaneit with dyuerfe vtheris his complices and fervandis, to the number of ten perfones, or thairby, all bodin in feir of weir,' with hagbutis, dagis and piftolettis, expreflie prohibeit to be borne, worne, vfet or fchot with, be our fouerane lordis Actis of Parliament, in the moneth of ..... or thairby, the yeir of God Im.Ve. fourscoir nyntene yeiris, being four yeir syne, or thairby, come to the Mylnetoun of Dumbrek, quhair the said Andro was, in fober and quyet maner for the tyme, &c.; and thair fet vpone him, and crewallie invaidit him for his Slauchter, and hurt and woundit him in his .... hand, schoulder and face, to the effufioune of his bluid in greit quantitie: And thaireftir treffonabillie tuik the faid Andro captiue and priffoner, had and convoyit him to the place of Dumbrek, quhair the faid George detenit him as captiue, be the space of aucht oulkis, or thairby, in strait firmance and captiuitie; and thaireftir transportit him to the place of Ernefyde, qubair the said George and his fervandis keipit the said Andro in ftrait firmance, be the space of fyftene or tuentie dayis, quhill he efcaipit fra thame perforce: Vfurpand thairby our fouerane lordis auctoritie vpone him, in taking of the faid Andro, his hienes frie lege man, but Commiffioune, and detening him in captiuitie, be the fpace foirfaid; committing thairby manifeft Treffone: AND als, for contravening the tennour of the Actis of Parliament, in beiring, weiring and vfeing of the faidis hagbuttis and piftolettis. ITEM, fforfamekill as the said George, haifing confauet ane deidlie feid, rancour and malice aganis Andro Meldrum of Achquharteis, laitlie, in the monethis of September or October, the yeir of God Im.Vje. yeiris, being accumpaneit with Patrik Scheill and Alexander Meldrum, his fervandis, bodin in feir of weir, with hagbuttis and piftolettis, contrair the tennour of the Actis of Parliament, come be way of Hamefukkin to the place of Achquharteis, vnder filence and clud of nycht, about foure houris in the moirning, befoir day; and thair, the faid George darnit3 him felff and his fervandis in ane out-hous, belanging to the said Andro, neir to the said place, quhair he remanit quyet, quhill about ellevin houris of the day, that the faid Andro Meldrum come furth to ouerfie his awin turnes,1 and thair fet vpone the faid Andro Meldrum, and treffonabillie pat violent handis in his perfone, tuik him captiue and priffoner, and convoyit him away with him as ane malefactour, fra his faid duellinghous, and brocht him fouth ouer to Andro Fyfes hous, in the Burrow-mure of Edinburgh, befyde Merchinftoune; qubair the faid George detenit him captiue, be the space of thre or foure dayis thairefter, quhill the said Andro (efchewit,' or ' escaipit3) furth of the said hous, by his knawledge and aganis 1 Arrayed in warlike manner. 3 Hid, concealed. 4 Concerns, business, affairs. 5 Until the said Andrew escaped. A word is omitted in the Record. 6 Beside, without or contrary to his knowledge, unknown to him. 2 Without. his will: Vfurpand thairthrow our fouerane lordis authoritie vpone him, in taking and keiping captiue of the faid Andro Meldrum of Acquharteis, his hienes frie liege man, but' commiffioune or auctoritie, and committing thairby manifeft Treffone: AND als, for contravening of our fouerane lordis Actis of Parliament, in beiring and weiring of hagbutis and piftolettis. ITEM, fforfamekill as the said George, haifing confauet ane deidlie feid, rancour and malice aganis Mr Alexander Gibsone, ane of the Clerkis of our fouerane lordis Counsell and Seffioune, he, accumpaneit with Nicoll Jardane, Robert Jardane, Johnne Johnftoun, callit Swyne-fute, Johnne Ker, fone to the Tutour of Gradane, and Alexander Bartilmo, with tua fute-boyis, ane company of cowmoune and notorious thevis, brigandis and murtherouris, all bodin in feir of weir, with fuordis, hagbutis and piftolettis, expreflie prohibeit to be borne or worne, as faid is, laitlie, in the moneth of October or September, the yeir of God, I". fax hundreth and ane yeiris, being adverteift of the said Mr Alexanderis dyett, be ane fellow callit Craik, the said George Meldrumis awin man, quhome he fend to efpy the said Mr Alexanderis dyet within the Citie of St Androis; at the quhilk tyme, he fet vpone the faid Mr Alexander Gibfone, Mr Alexander Levingftoun, aduocat, and Robert Guthrie, fervand to the faid Mr Alexander Gibsone, within the boundis of the fcherefdome of Fyffe, befyde the Watter-fyde of Dundie, quhair thay war in fober and quyet maner rydand for the tyme, dreidand na harme, iniurie, or perfute of ony perfones, bot to haif levit vnder Godis peax and our fouerane lordis: and thair crewallie Invaidit thame for thair Slauchteris, and compellit thame to rander thame felffis to the faid George and his compliceis foirfaidis; and treffonabillie pat violent handis in thair perfones, tuik thame captiues and priffoneris, had and convoyit thame away with him out of the way, and befyde Couper-in Fyfe, (he being ane landit gentilman,) treffonablie, be way of maifterful Stouthreif, reft fra thame thair purffis, with certane gold and filuer being thairin, extending to the quantetie of thre hundreth merkis or thairby; and thaireftir convoyit thame to the toun of Kinghorne, quhair he demittit the faidis Mr Alexander Levingftoun and Robert Guthrie: And thairfra convoyit the faid Alexander Gibsone, and brocht him with thame felffis ouer the fferrie of Kinghorne to Leyth, and convoyit him captiue to Williame Kayis houfe in Leyth, quhair Serjand Moffet come to thame; and thairfra the faid George maift treffonabillie convoyit the faid Mr Alexander Gibfone captiue by the Palice zet of Halyrudhous, throw ane gritt pairt of Louthiane and throw Tueddell, to the toun of Melrois; and befoir thair entrie within the faid toun, the said George, with his complices, devydit the gold that was in the tua purffis amangis thame, quhairof ilk ane of thame gat tuentie merkis, or thairby, for thair pairtis; and fra the said toun of Melrois thay convoyit the faid Mr Alexander captiue vnto Ingland, to George Ratleiffis houfe; quhair thai detenit him captiue and priffoner be the space of aucht dayis or thairby: Vfurpand thairby our fouerane lordis auctoritie vpone thame, in taking the faidis perfones, thay being his Maiefteis frie leigis; haifing na power nor Commiffioun to that effect; in manifeft contempt of his Maieftie: committand thairby manifeft Treffone: LYK AS, the faid George, being ane landit Gentilman, committit maift treffonabill Thift and Stouthreif, in reiffing of thair purffis, and gold foirfaid being thairin; AND ficlyk, for beiring and weiring of hagbutis and piftolettis, contrair the tennour of the Actis of Parliament. Off the quhilkis crymes respective aboue writtin, the faid George was fpeciall actour; at the leift, airt and pairt thairof. AND laft, the faid George being indytit and accufit, fforfamekill as he, accumpaneit with Johnne Meldrum, his brother, and dyuerfe vtheris, his complices, laitlie, in the moneth of November laftbypast, being bodin in feir of weir, with hagbuttis, dagis and piftolettis, prohibeit to be borne or worne, as faid is, be our fouerane lordis Actis of Parliament and Secreit Counfall, come to the place of Dumbrek, pertening heritablie, and being in the lauchfull poffeffioun of Andro Meldrum, his brother, keipit be him and his fervandis, and tuik the famyn place perforce, and held and detenit the famyn be the space of sevin oulkis or thairby. 1 Without. Suffered to go, dismissed. Past. 4 This latter part of the Dittay is thus shortly given in another place of the Record: And for taking of the place of Dumbrek, and keiping of the samyn aganis the Kingis gaird, quha, be vertew of ane Commissioune, was commanded to pas to the said hous and chairge him to rander the samyn; quhilk he dissobeyit. ASSISA. James Tennent of Kairnes, Ja Kynneir, younger of that Ilk, Williame Burnet of the Bairnes, Geo. Hereis of Kirktone of Eshe, Aulay M'caulay of Ardincapell, Johnne Boyle of Kelburne. For verificatioun quhairof, the faid Sir Thomas Hammiltoun producet the faid George Depofitiones, fubferyuit with his hand, beiring his Confeffioun of the haill crymes aboue fpecifeit. The Aduocat afkit inftrumentis, (1.) Of the fweiring of the Assyis: (2.) That George Meldrum declairis he becumis in his Maiefteis will, for the taking and hurting of his brother, and for the taking of the Guidman of Acquhariteis. (3.) Of George Meldrumis cuming in will, for the offence done to Mr Alexander Gibfoune and his company. (4.) Of the reiding of the pannellis Depofitiones to the Affyfe judiciallie: And (5.) In respect thairof, and of his Confeffioune thairof, in judgement, and becuming in will for the haill Dittay, proteftis for Wilfull Errour, in cais thai acquit. VERDICT. The Affyfe, be the mouth of the faid Alexander Falconer of Halkertoun, chanceller, ffand, pronuncet and declairit the faid George Meldrum, younger of Dumbrek, to be ffylet, culpabill and convict of the haill crymes aboue specifeit. SENTENCE. And thairfoir, the faid Juftice-generall and Mr Williame Hairt, his principall depute foirfaid, be the advyfe of John Erll of Montrois, chanceller of this realme, and dyuerfe vtheris Lordis of his Maiefteis Secreit Counfall and Seffioun, than fitting in judgment, as Affeffouris, (ffinding the saidis crymes to be treffonable), be the mouth of Robert Scott, dempfter of Court, Ordanit the faid George Meldrum to be tane to ane fcaffold, befyde the mercait croce of Edinburghe, and thair his heid to be strukkin fra his body; and all his landis, heritageis, takkis, steidingis, rowmes, poffeffiones, coirnes, cattell, inficht pleniffing, guidis and geir to be fforfalt, escheit and inbrocht to our fouerane lordiş vse, as convict of the faidis treffonable crymes.-Quhilk wes pronunceit for dome.' [Mr Williame Hairt, Juftice-Depute.] 'Field of the Lennox,' or 'Conflict of Glenfruine' — Slaughter of the Colquhouns – Stouthreif — Treason — Fire-raising, &t. [THE proscription and the cruel and systematic persecution of the CLAN-GREGOR, for a long series of years, although, in the abstract, a subject familiar to every reader of Scotish History, has hitherto been very imperfectly explained. The Criminal Records, and the Acts of the Privy Council, throw much light on all the various branches of this extraordinary event. To save the necessity of future repetition, it appears to the Editor to be necessary, at the outset of these proceedings, to give a very brief sketch of the circumstances which led to THE FIELD OF The Lennox-or THE RAID' or CONFLICT OF GLENFROON;' and of those events which ultimately terminated in the Execution of 1 The 12 of Januar, George Meldrum of Dumbrek beheidit, for Oppression and uther odious crymes.'-Birrel. the Laird of MacGregor, and of many others of his name. All the future oppression and persecution of the race of the MacGregors ostensibly take their rise from this Conflict. The Clan-Gregor, which, from whatever causes, had been for some time looked upon as an unruly tribe, was, for some years previous to 1603, placed under the control of ARCHIBALD (seventh) EARL OF ARGYLE, who, as King's Lieutenant in the Bounds of the Clan-Gregor,' was invested with very extensive powers, and who, by his acceptance of the office, was made answerable for all excesses committed by the Clan. In these circumstances, it might be supposed that it was Argyle's interest, as it certainly was his duty, to have done all in his power to retain the Clan-Gregor in obedience to the laws; but, on the contrary, it appears that, from the time he first, as King's Lieutenant, acquired the complete control of the MacGregors, the principal use he made of his power was artfully to stir up the Clan to various acts of aggression and hostility against his own personal enemies, of whom, it is known, COLQUHOUN of Luss was one. It is to this crafty and perfidious system of the Earl, therefore, that we must solely trace the feud between the Colquhouns and MacGregors, which proved, in the end, so hurtful to both; a result, no doubt, all along contemplated by this powerful but treacherous Nobleman. But it is unnecessary to enlarge upon this point, as the Dying Declaration of the Laird of MacGregor places in a very clear light the cruel and deceitful policy pursued by Argyle, and which was too frequently resorted to by others, in those days, for quieting the Highlands. It may be remarked, that this interesting document, besides undoubtedly bearing internal evidence of truth, is corroborated, in almost every part of it, by the Public Records. It is also to be remarked, as particularly worthy of notice, that at the period of this fatal Conflict, both of the contending parties were, in a manner, equally armed with the Royal authority; the Laird of Luss having raised his forces under a Commission, emanating from the King himself; while the Laird of MacGregor marched to invade the Lennox, under the paramount authority of the King's Lieutenant! The popular accounts of this transaction charge the MacGregors with two atrocities, committed after the battle, viz. the Murder of Sir Humphrey Colquhoun, who had fled from the field of battle, and had taken refuge in the Castle of Bannachra; and the Slaughter of a number of defenceless boys, from the Grammar School or College' of Dumbarton,' who, from curiosity, came to see the fight, and had, by Colquhoun's order, been put into a barn for safety; where, on the success of the Highlanders, they were said to have been murdered. In justice to the Clan-Gregor, it is but fair to mention that, on investigating this subject, it clearly appears that Sir Humphrey was murdered in his Castle of Bannachrea, in July 1592, above eleven years before this Conflict, by some of the MacFarlans, under circumstances of extreme atrocity. He was succeeded by his brother Sir Alexander, who was alive anno 1610. The then Laird of Luss must therefore have fled from the field of battle, leaving his vassals to be cut to pieces by their victorious antagonists. As to the Slaughter of the schoolboys, it is enough to state that this circumstance forms no point of any of the Dittays against those of the MacGregors who were tried for their share in this battle, although every criminalact which could possibly be adduced against each of them is carefully inserted in their Indictments. Such an atrocious fact could not have escaped the notice of all his Majesty's Advocates, for such a length of time—and there was no lack of informers. It is thought that this massacre is alluded to in the Records of the Privy Council, Jan. 5, 1609, where it is stated, that Allan Oig McIntnach, in Glenco,' when aiding the ClanGregor at Glenfrune, with his awne hand, murdered, without pity, the number of forty poor perfons, who were naked and without armour.' According to the Editor's usual plan, some passages from contemporary MSS. are appended, in illustration of the facts.] 1 So called, probably, from their education being conducted in the Collegiate Church there, or under the auspices of the Clergy of that establishment, by virtue of some charitable endowment. 19 Jan. 20.-ALLASTER M'GREGOUR of Glenftra, Patrik Aldoche M'gregour, Williame M'neill his feruand, Duncan Pudrache1 M'gre gour, and Allaster M'gregour Mckean. 4 Dilatit, accufit and perfewit, at the inflance of Sir Thomas Hammiltoun of Monkland, knycht, aduocat to our fouerane lord, &c. off the crymes following: FORSAMEKILL as thay and ilkane of thame, accumpaneit with vmqle Johnne Dow, brother to the faid Allafter M'gregour of Glenstra, and vtheris thair kin, freindis, and of thair counfall, haifing concludit the diftructioune of Alexander Colquhoune of Lufe, his kyn, freindis and alya, and the haill furname of the Balquhannanis, and to herrie thair landis; thay convenit to thamefelffis the Clanhamrone, the Clananverich, and dyuerfe vtheris brokin men and foirneris," to the number of foure hundreth men, or thairby, all bodin in feir of weir, with hagbuttis, pistolettis, murrionis, mailzie-coittis, pow-aixes, tua-handit-fwoirdis, bowis, darloches, and vtheris wappones, invafiue, incontraire the tennour of the Actis of Parliament: And, for the performance of thair wicked conclufioune, vpone the fevint day of Februare laftbypast, come fordward, in arrayit battell, to the Landis of Glenfrwne, pertening to the Laird of Lufe; quhair the said Laird of Lufe, accumpaneit with certane of his freindis, war convenit, be vertew of our fouerane lordis Commiffioun, to refift the faidis perfones crewall interpryses; and thair fet vpone him, his kyn and freindis, and crewallie invaidit thame for thair flauchteris, fchamefullie, crewallie and barbaruflie murdreift and flew Peter Naper of Kilmahew; Johnne Buchannane of Buchlyvie; Tobias Smallet, bailzie of Dumbarten; Dauid Fallefdaill, burges thair; Thomas and James Fallafdaillis, his fones; Walter Colquhoun of Barnehill; Johnne Colquhoun, feear thairof; Adam and Johnne Colquhones, fones to the Laird of Campftradden; Johnne Colquhoun of Dalmure, and dyuerfs vtheris perfones, our fouerane lordis leigis, to the number of fevin fcoir perfonis or thairby; the maist pairt of thame being tane captiues be the faidis M'gregouris befoir thai pat violent handis in thame, and crewallie flew thame: And treffonabillie tuik Williame Sempill and dyuerfe vtheris, our fouerane lordis frie legis, and convoyit thame away captiue with thame, and be way of maisterfull Stouthreif, ftaw, reft and away-tuik fax hundreth ky and oxin, aucht hundreth scheip and gait, fourtene scoir of horse and meiris, with the haill pleniffing, guidis and geir, aff the fourfcoir pund land of Lufe; and at the famyn tyme, treffonabillie raifit ffyre in the houffis and barne-zairdis thairof, brunt, waiftit and diftroyit the famyn, with the coirnis being thairin. And the foirfaidis perfones and ilk ane of thame ar airt and pairt 1 Of the country of Balquhidder. 2 Spoil, plunder and devastate. Quere, the Clan Ian Averiche (Abroch), viz. the MacDonalds of Glencoe? who violently took free quarters, and committed acts of violence, having no fixed home. coats of mail, poll-axes. 7 See Note, Vol. II. p. 426. 3 Clan Cameron, 5 Sorners, persons 6 Morions, |