Campbell, off Danna, the deceased Donald | majestie for his royal remission to them for Campbell, younger, off Drumfunie; in com- their lives only. Extracted be me! pany with the rebells in Argyleshire the tyme Sic Subscribitur, Îybelled; and this is the truth as he shall answer to God; depones he cannot writt.

Sic Subscribitur, LINLITHGOW, I. P. D. Angus Campbell, of Tunnus, aged fourtie years, married, purged, and sworne; depones he did see Donald Campbell, of Culgatro; Angus M'Lachlane, of Barnagad; Allan McLauchlane, of Dunnade, three of the pannels present, and Archibald Campbell, of Danna; and the deceast Donald Campbell, younger off Drumfunie; in company with the rebells in Argyleshire the tyme lybelled; and this is the truth as he shall answer to God; depones he cannot writt. LINLITHGOW, I. P. D.

Mr. John Campbell, son to Barbreck, aged twenty-two years, unmarried, purged, and sworne; depones that Collin Campbell of Blairintibert was captain of the castle of Carnasereth the tyme of the late Argyle's rebellion, and keept out the castle for the rebells against the king's forces, and after their defeate he delivered up the same; depones he sawe Archibald Campbell, of Danna, in company with the rebells, and Donald Campbell, of Belnabie; Duncan Campbell, of Culgatro; Angus M'Lauchlane, of Barnagad; Allan M'LauchJane, off Dunnado; all of them in company with the rebells in Argyleshire, in armes, the tyme lybelled; and this is the truth as he shall

answer to God.

Sic Subscribitur,

JOHN CAMPBELL.

The Lords ordained the Assize to inclose and returne their verdict to morrow at twelve o'clock.

The Lords having ordained the pannels to be carryed prisoners to the Tolbooth of Edinburgh, Mr. John Stewart advocate as procurator for them, produced an act of privy council, whereof the tenor follows;

EDINBURGH, December 6, 1686.

The Lords of his majestie's privie council be ing informed that there are several persons this day indicted before the lords commissioners off his majestie's justiciary for the crymes off treason, as having been in the late rebellion with the late earle of Argyle, and considering that Duncan Campbell, sometyme of Culgatro; Angus M'Lauchlan, some tyme of Barnagad; Allan M'Lauchlane, some tyme of Dunade; and Donald Campbell, sometyme feuar of Balnabie; have saiffe conducts for sometyme not yet expyred, doe therefore recomend to the lords commissioners of justiciary that in case the saids persons, or any of them, be found guilty of the saids crymes by the verdict of Assize, that in respect of the saids saiffe conducts yet depending, they be not committed to prison; but permitted to go from the bar to injoy the benefit of the said saiffe conducts, for the tyme remaining; in respect the lords of councill is to recomend them to his sacred

WILL. PATTERSON, Cl. Sc. Con. Then follows a continuation against the other Campbels, &c. to 3rd March next. Absent witnesses fined.

Verdict of Assize.

The said day the persones who passed upon the assyse off Archibald Campbell, of Danna, and others, returned their verdiet in presence of the saids lords, whereof the tenor follows: the assyse having elected and chosen Patrick Smith, of Bracco, their chancellor, they all in one voice finds the lybell sufficiently proven against Archibald Campbell, of Danna; Collin Campbell, of Blairintibert; Duncan Campbell, of Culgatro; Donald Campbell, of Belnabie; the deceased Donald Campbell, sone to Duncan Campbell, of Drumfunie; Angus M⭑Lauchlane, off Barnagad; and Allan M'Lauchlane, off Dunnado; and that for their being in rebellion with the late earl of Argyle, and the other rebells, with him in the highlands, in May and June, 1685 years, and being in armes with them, the which verdict is subscribed be the foresaid chancellor in name of the inquest, and written by Henry Jossie clerk elected.

Sic Subscribitur, PATRICK SMITH, Br. Chan. The Lords having considered the verdict of assize returned against the persons above named, they, in respect thereof, decern and adjudge the said Donald Campbell, off Balnabie; Archibald Campbell, of Dana; Duncan Camp bell, of Culgatro; Angus M'Lauchlane, of Barnagad; Allan M'Lachlane, of Dunnado; and Colin Campbell, of Blairintibert; to be execut to the death, demained as traitors, and to undergo the paines of treason and utter punishment appoynted by the laws off this realm, at such tymes and places and in such manner, as our sovereign lord the king's most sacred majestie shall appoynt; and ordaines their names, fames, memory, and honours, off the deceast Donald Campbell, off Drum, to be extinct, ther blood to be tainted, and thur armes to be riven furth and delete out of the books of armes, so that their posteritie may never have place nor be able to bruik or joyse any honours, offices, titles, or dignities hereafter within this realm, and in tyme comeing and to have forefaulted, ommitted, and tint all and sundrie thur lands, heritages, taxes, steadings, rooms, possessions, titles, effects, goods, and gear, whatsomever pertaining to them, to our sovereign lord, and to remain perpetuallie with his majestie in propertie. Which was pronounced for doom. Whereupon his majesties solicitors asked and took instruments.

March 3, 1687.

The said day, anent the criminal actione and proces of treason, formerlie insisted and now persewed at the instance of his majestie's advocat, against Donald Campbell, off Qab;

Duncan, elder, of Drumfunie; Angus Camp-in order to its being provine or not, and taks bell, of Daltot; and John Campbell of Ulva; instruments upon the pannalls procurators acfior ther ryseing and joyneing in armes and in knowledgeing the pannalls being present with rebellione with the laite Argyle and other the rebells voluntarlie at that same place menrebells, in maner mentioned in ther dittay, tioned in the defence. which, with the former procedur thereanent, is recordit the sixt of December last, which which is no acknowledgement, but upon the Mr. John Stewart oppons the defence, criminall action being this day called, compeired contraire, ane expresse denyall off all the artisir John Dalrymple, younger, off Stair, his cles off the lybell, and that which is alleadged majestie's advocat, with sir Robert Colt and against the relivance is nowayes answered, nor Mr. Georg Bannerman, advocats, his majesties could a lybell of that nature be sustained supsolicitors, as persewers on the one pairt, and on the other pairt compeired the said Donald Poseing it were proven that which is insinuat, and the defence, because the pannall perhaps Campbell, of Oab; who denyed the dittay, and crymes, lybelled, and Angus Campbell, of Dal-bellione, was seen in a littell clachan or village one single tyme, the tyme off the whole retout; aud John Campbell, of Ulva; who con- wher the rebells was, about such a necessary fest in maner efter specifit. duty, and never being seen with them befor or efter, or in company with any of them, albeit he hade a sword about him at that tyme it cannot inferre the treasonable converse lybelled..

His Majesty's Advocat declares he restricts the lybell to the pannalls joyning with the rebells, or corresponding or conversing with, or harbouring, recepting, or assisting them, or being airt or pairt off the rebellione lybelled.

INTERLOQUITOR.

the rebells, or corresponded or conversed with, or harboured or recept, or assisted them, or levant separatim to infer the crime and paine of was airt or pairt off the rebellione lybelled, retreasone, and remitts the samen to the knowledge of the assyse.

Mr. John Stewart, advocat, as procurator for commisssioners off justiciarie, haveing consiThe lords justice general, justice clerk and the pannalls, alleadges, that that pairt off the dered the lybell persewed at the instance off lybell that the pannall Oab was perhaps once seen in company with the rebells, that per se his majestie's advocat and solicitors against is not relivant; because in this particular case, Donald Campbell, off Oab; Duncan Campbell, it should be made appear that the pannall was elder of Drumfunie; Angus Campbell, of ever in company with the rebells, which is bate above written, they find the lybell as it is Daltout; John Campbell, of Ulva; with the dedenyed; It is offered to be provine by the per-restricted, viz. that the pannalls, joyned with sewers wittness, that the pannall hade a daughter dead, to be burried to-morrow efter the pannall sawe the rebells; and it was goeing to the littell village to gett some necessarys for her burriall; ffarder alleadges, that wearreing off armes per se is not relivant, and particularlie haveing off a sword, alwayes denyeing that the pannall hade any or wore any sword, at any tyme that ever they rancountered with the rebells, because in that countrey, and at the tyme of that horrid rebellione, ther was no man that hade a sword, but he hade it about him to give a significatione off the loyaltte and dependance upon his majestie iff the occasione should offer, and to defend themselves against the violence off the rebells, which cannot in no sence inferr (such ane abominable guilt as that off the cryme off treasone lybelled.

Sir Robert Colt, ane of his majestie's solicitors, oppons the lybel which is most relivantlie lybelled upon the invasione by the late Argyle, aud that the pannalls are airt and pairt off the said rebellione as being eyr actuallie in armes with the late Argyle or those that rose in that rebellione, or as assistors theroff, or as corresponders with, and in company with these rebells, whither in armes or without armes; so that the lybel being relivant in the severall members theroff, and the defence resolveing in a naked denyal off the lybell; and Campbell, of Oab, for whom this defence is proponed, haveing raised no exculpatione, and having alledged nothing that can eleid the relivance, the defence ought to be repelled and the lybell admitted to the knowledge off ane inquest,

ASSISA.

Patrick Smith, of Methven.
David Hepburne, of Randerstoune.
John Muir, of Park.
Major James Murray.
Alexander Hume, off Murrayes.
John Wint, cordiner.
John Sandilands, brewer.
Alexander Douglas, felt maker.
Archbald Douglas, armorer.
Samwell M'Lelan, merchand
Alexander Scot, stabler.
Georg Watson, taizlor.
James Murdoch, taizlor.
Robert Young, wright.
Lauchlan M Pherson, taizlor.

Angus Campbell, of Daltout, and John Campbell, of Ulvar, doe judiciallie in the presence of the justices and assysers acknowledge and confess that they were in rebellione with the late Argyle the tyme lybelled; declaire they cannot wreitt nor speake Inglish, and therfor his confessione is signed by my lord justice generall, and John M'Kenzie, macer, who was judicialle sworne interpreter.

Sic Subscribitur,

LINLITHGOW JOHN M'KENZIE, interpretor.

all in one voice ffind Donald Campbell, of Oab; Duncan Campbell, elder of Drumfunie; Angus Campbell, off Daltout; and John Campbell, off Ulva, were persewed ffor the cryme off treasone, that the same is sufficiently provine, according to the interloquitor off the lords off justiciarie, and thir presents ar written be John Sandilands clerk, and signed be the forsaid chancellor, at Edinburgh, the third day off March, 1687,

execute to the death, demained as traitors, and to underlye the paines off treasone and utter punishment apoynted be the lawes off this realme, at such tymes and places and in such maner as our soveraine lord the king's most excellent majestie shall appoynt, and ordaines ther name, fame, memorie, and honors, to be extinct; ther blood to be tainted, and ther armes to be riven furth and delatte out off the book of armes, so that ther posteritie may never have place, nor be able heirefter to bruike or joyse any honours, offices, titles, or dignities, within this realme, in tyme coming, Efter oppeing and reading of the whilk ver- and to have forfaulted, ommitted, and tint, all dict off Assyse, The lords justice generall, jus- and sundrie ther lands, beritages, tacks, steadtice clerk, and commissioners of justiciary, ings, rowmes, possessions, titles, offices, goods, therfore be the mouth off John Leslie, demp- and gear, whatsoever pertaineing to them ster of court, decerned and adjudged the said to our soveraine lords use to remaine perDonald Campbell, of Oab; Duncan Campbell,petuallie with his highnes in propertie. Which elder, of Drumfunie; Angus Campbell, off was pronounced for doom. Whereupon his maDaltout; and John Campbell, of Ulva; to be jestie's advocate asked and took instruments.

Sic Subscribitur, PATRICK SMITH BRACCO,
Chancellor.

397. Proceedings in the Parliament of Scotland against the Viscount of DUNDEE and others, for High Treason: 2 WILLIAM & MARY, A. D. 1690. [Now first printed from the Parliamentary Records at Edinburgh.]

EDINBURGH, July 14, 1690. ANENT the lybelled summonds and indytement for high treasone raised and persewed before the king and queen's majasties and the estates of parliament writtin in Latine, and expede under the hand of the deput of the directors of chancellary, keeper of the quarter seal! conforme to ane warrand and act of parliament after mentioned; att the instance of sir John Dalrymple, younger, of Stair, their majesties advocat for their highnes interest in the matter underwrytten against John, viscount of Dundee; James, earle of Dum

fermling;
viscount of Frendraught;
lord Dunkeld; major William
Grahame, of Balwhaple; Collonell Alexan-
der Cannan; John Cleilland, of Fasken; Mr.
Colin M'Kenzie, uncle to the earle of Sea-
forth; sir John Drumniond, of Machany;
William Crawfurd, younger, of Ardmillan;
James Crawfurd, his brother;
Ro-
bertson, of Strowan; David Grahame, brother
to the deceist John viscount of Dundee, for
himselfe, and as representing the said viscount
Halyburtoun, of Pitcurr; and
Halyburton, as air to the said deceist
Halyburton, of Pitcurr; his father, James

Which Dryden did not disdain to translate as follows:

"Oh, last and best of Scots! who did maintain

* The celebrated Graham, of Claverhouse, who forms a very conspicuous figure in the Scottish History in the seventeenth century. Upon the meeting of the Convention of Estates, Thy country's freedom from a foreign reign; "he went" Dalrymple instructs us, "wherever the spirit of Montrose should direct him," a modern fiction, says Laing, exceeded only by another, that his heroism was caught from the recitation of Ossian's Poems. He was killed in the battle of Killycranky, (June 17th, 1689), where he had beaten the troops of king William under Mackay. Pitcairn has honoured him with the following epitaph :

Ultime Scotorum, potuit quo sospite solo
Libertas Patriæ salva fuisse tuæ :
Te moriente, novas accepit Scotia cives,
Accepitque novos, te moriente, Deos.
Illa tibi superesse negat, tu non potes illi :
Ergo Caledoniæ nomen inane vale.
Tuque vale, gentis prisce fortissime ductor,
Ultime Scotorum, atque ultime Grame, vale.
VOL. XIII.

New people fill the land, now thou art gone,
New Gods the temples, and new kings the throne.
Scotland and thou did each in other live,
Nor wouldst thou her, nor could she thee survive.
Farewell, who dying didst support the state,
And couldst not fall but with thy country's fate."

See in Laing, vol. 4, p. 222, 2d ed. the de tection of a misrepresentation of Dalrymple's relating to the battle of Killycranky.

Dalrymple has printed the following Corres. pondence, furnished to him, he says, by sir David Dalrymple (Lord Hailes):

Lord Strathnaver to Lord Dundee. "My lord; The concern that many equally interested in us both, has for your lordship, ab

9 G

-Stewart, of

Edmonstoun, of Newtoun, of Drum; sir Ewan, Cameron, of Lochzeell; Cameron, his eldest sone; Donald M'Donald, younger, of Sclaite; the laird of M'Naugton; Grant, of Ballandalloch: Appin; M Kean, alias M-Donald, eider, of Glencoe; Alexander M'Donald, younger, of Glengary; Donald M'Neill, of Gallahellie; and sir John M'Lean, of Dowart, and divers others their associats and accomplices. The authentick copie whereof, in Engfish, produced in manner after specified maketh mention, That where the crymes of rebellione and treasone, ryseing and continowing in armes against their majesties and their highness authority and government, and the assaulting of their majesties forces, the garisoneing of houses and strengths, the harbouring, correspoading, and associating with open rebells and traitours; the falling upon, woundeing or robbeing their majesties forces in their retreate, are high crymes, punishable with forfeiture of lyfe, lands, and goods; and by the third act first parliament king James the first, it is statute and ordained, That no man nottourly rebell against the king's persone, under the pain of forfaulting of lyfe, lands and goods; and by the thretty-seventh act of his second parlia ment, it is statute, that nae man wilfully resett, entertaine, or doe favours to open and manifest

stracting from that respect which your own merit made me have, cannot but occasion regrate in me, to see that the courses you take, tend inevitably to the ruin of you and yours, if persisted in. I cannot therefore but wish, that you would follow the duke of Gordon's example, and I am persuaded it will be found the best course; neither shall your friends who at this time dare not well meddle, be wanting to show their affection to you, and interest in the standing of your family, and I hope you will do me the justice to believe that none wishes it better, or will more effectually lay himself out in it, than, my lord, &c. STRATHNAVER."

66 Inverness, "Sd of July, 1689."

rebells; and by the 14th and 15th acts parlia ment 6th of king James the second, and parlament tuelth king James the sexth caput on hundred and fourty-sex, the ryseing in fear of weare, or supplying the rebells in help, red, or councill, or the stuffeing of houses for the furthering of the king's rebells, are crymes for which the persones are punishable as traitours, against whom not only forfaultures are allowed to proceed in absence by the eleventh act of the first session second parliament of king Charles 2nd, but also by the 69th act parliament 6th king James the fyfth, the summonds of treasone may be persewed against the air for the treason committed by his predecessor: Nevertheless it is of verity, that the deceist John viscount of Dundee, and James earle of Dumfermling; viscount of Frendraught;

—Jord Dunkeld; major William Grahame, off Baqubaple; collonell Alexander Cannan; John Cleilland, of Fasken; Mr. Colin M⭑Kenzie, uncle to the earle of Seaforth; sir John Drummond, of Machany; William Crawfurd, younger, of Ardmillan; James Crawfurd, his brother; Robertsone, of Strowan; Mr. David Grahame, brother to the viscount of Dundee; the deceist Halyburton,

of Pitcurr, and · — Halyburton, his sone; James Edmonstoun, of Newtoun, of Drum; sir Ewan Cameron, of Lochziell ;

vernment these men have framed to them. selves: they made you, I doubt not, believe, that Darie (Londonderry) was relieved three weeks ago. By printed accounts, and I can assure you, it never was relieved, and now is taken. They told you, the Inglish fleet and Dutch were masters of the sea. I know for certain the French is, and in the Chanel; in testimony whereof they have defeated our Scots fleet. For as they came alongst they fell on the two friggats, killed the captains, and seised the ships, and brought the men prisoners to Mull. They tell you Shomberg is going to Ir land to carry the war thither. I assure you the king has landed a considerable body of forces there, and will land himself amongst our friends in the west (whom I am sorry for) very soon. prospect of affairs, which I am afraid amongst So, my lord, having given you a clear and true judge if I or you, your family or myn, be most your folks you are not used with, I leave you to in danger. However, I acknowledge francly, I am no less obliged to your lordship, seeing you made me an offer of your assistance in a tyme when you thought I needed it. Wherein I can serve your lordship or family at any time you think convenient, you may freely employ me. the circumstances we stand, I will study your For, as far as my duty will allow me in servant, well as becomes, my lord, your most humble DUNDEE."