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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, and to have forfaulted, ommitted, and tint, all and sundrie ther lands, heritages, tacks, steadings, rowmes, possessions, titles, offices, goods, and gear, whatsomever pertaining to them to our soveraine lords use to remaine perpetuallie with his highnes in propertie. Which was pronounced for doom. Whereupon his majestie's advocate asked and took instruments.

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 seall 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

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, 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 Patrice salva fuisse tuæ:

Tę moriente, novas accepit Scotiæ cives,
Accepitque novos, te moriente, Dens.

Illa tibi superesse negat, tu non potes illi :
Ergo Caledoniæ nomen inane vale.
Toque vale, gentis priscæ fortissime ductor,
Ultime Scotorum, atque ultime Grame, vale,
VOL. XIII.

fermling; viscount of Frendraught; lord Dunkeld; major William Grahame, of Balwhaple; 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; Robertson, 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 deceistHalyburton, of Pitcurr; his father, James Which Dryden did not disdain to translate as follows:

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rebells; and by the 14th and 15th acts parliament 6th of king James the second, and parliament 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 council!, 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 Dum

Edmonstoun, of Newtoun, of Drum; sir Ewan Cameron, of Lochzeell; Cameron, his eldest sone; Donald McDonald, younger, of Sclaite; the laird of M‘Naugton; Grant, of Ballandalloch : Stewart, of Appin; McKean, alias M'Donald, elder, 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, corres-fermling; ponding, 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." "Inverness,

3d of July, 1689."

Lord Dundee to Lord Strathnaver. "My lord; Your lordship's, dated the 3d, I received the 13th, and would have returned an answer before now, had I not been called suddenly to Enverlochie, to give orders anent the forces, arms, and amunition sent from Irland. My lord, I am extreamly sensible of the obligation I have to you, for offering your endeavours for me, and giving me advice in the desperate estate you thought our affairs were in. I am persuaded it flows from your sincere goodness and concern for me and mine, and in return, I assure your lordship, I have had no less concern for you, and was thinking of making the like address to you; but delayed it till things should appear more clear to you. I a sorry your lordship should be so far abused as to think, that there is any shadow of appearance of stability in this new structure of go

am

viscount of Frendraught;

-lord Dunkeld; major William Grahame, off Baquhaple; collonell Alexander Cannan; John Cleilland, of Fasken; Mr. Colin McKenzie, uncle to the earle of Seaforth; sir John Drummond, of Machany; William Crawfurd, younger, of Ardmillan; James Crawfurd, bis brother; Robertsone, of Strowan; Mr. David Grahame, brother to the viscount of Dundee; the deceist of Pitcurr, and Halyburton, James Edmonstoun, of Newtoun, of Drum; — Halyburton, his sone; sir Ewan Cameron, of Lochziell;

vernment these men have framed to themselves: 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 Irland 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 your folks you are not used with, I leave you to judge if I or you, your family or myn, be most 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 well as becomes, my lord, your most humble servant, DUNDEE."

"Struan,
"15th July, 1689."

cerning Dundee, vol. 11, p. 945, et seq.
See, in this Collection, other particulars con-

Cameron, his eldest sone; Donald M'Donald, younger, of Sclait; the laird of M Naughtoun; Grant, of Ballindalloch;

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support of the rebellion, and sent out parties to murder and destroy their majesties good subjects, and to robb and herrie them of their goods, Stewart, of Appin; M'Lean, alias and the particular acts of rebellion, treason, M'Donald, elder, of Glencoe; Alexander ryseing, and continueing in armes against their McDonald, younger, of Glengerrie; Donald majesties authority and government, the asM'Neill, of Galenhellie; and sir John M'Kean, saulting of their forces, the garrisoneing of of Dowart, with diverse others their associats houses, and strengths, the harboureing, corand accomplices, haveing shaken off all fear of responding with open rebells and traitours, and God and regaird to their ma'ties and their lands, the falling upon, wounding or robbing their and love to their native countrey, they did ma'ties forces, and the other crymes aboveryse and continow in open armes against their mentioned, upon the dayes rex'ive of the semajesties authority annd government, the first, verall months of the said year, one thousand second, thrid, or ane or other of the dayes of six hundred and eighty nyne, or upon the moneth of Aprill, 1689 years, or ane or other of the dayes of one or other of the moneths other of the day es of the moneth of May ther- of the said year 1689, off the which horrid and after, the said year; and upon the day treasonable crymes above specified, or ane or of May or ane or other of the dayes of the said other of them, the haill forenamed persones, moneth and year of God forsaid, the said de- and ilk ane of them are actors airt and pairt, ceist John, viscount of Dundee, and the other which being found by their majesties and the persons aʼmentioned, did come to the toune of estates of parliament, they ought to be puPerth in fear of wear, and therein in ane hos-nished as horrid traitors and rebells, with fortile manner did seize and carry away the de-faulture of lyfe, lands, honour, and goods, to ceist laird of Blair, and other officers of their the terror of others to committ the lyke in tyre majesties forces, and detained the laird of Blair comeing; and therefore the saids haill defenprisoner in the castle of Dowart, in a cruell ders abovenamed, to have compeared before and sad conditione, till he dyed; and upon the their majesties and the three estates of parlia-day of June, one thousand six hundred ment within the parliament house of Edinburgh, and eighty nyne years, or ane or other of the at ane certane daye bygone, to have heard and dayes of the said moneth, the persones above- seen sentence and decreet, given and pronamed and others, being all armed, marching nounced against them in the same matter, as to joyne the rebells, did attack a certain num- at more length is contained in the said principall ber of their majesties forces under the com- summonds, which containes therein a warrand mand of captain Alexander Young, in Kyn for executing thereof, with the usuall solemnityre; as also the said John, viscount of Dun- ties necessar upon twenty fyve days warning, dee, James, earle of Dunfermling, and the at the mercat cross of the head burgh of the other persones abovenamed, haveing raised and shyre, where the fornamed persones live; and assembled severall thousands of rebells, and in case there be not tutus accessus thereto at the highland rebells, [sic iu orig.] they had the head burgh of the next adjacent shyre where boldness to march throw the countrey, oppress- they live, conforme to ane act of the first sessione ing and destroying their majesties good and of your majesties first parliament, daited the loyall subjects, and to oppose their forces; and first day of August, 1689 years, as the said upon the 26th day of Jully, 1689, or ane or summonds raised and dewly execute against other of the dayes of the said moneth, the said the haill fornamed persones more fully proports, umq'll John, viscount of Dundie, as generall or The said sir John Dalrymple, their majesties adleader of the persons forsaids, and other rebells, vocat, compeared personally, who desyred that did in a plain battle attack their majesties the said proces of treasone raised before the pararmie, betwixt the blair of Athole and the pass liament at his instance against the representatives of Gilliechrankie, and did kill and wound seve- of the viscount of Dundee, andrall of their majesties forces and good subjects; ton, of Pitcurr; and against the said James and therafter, upon the dayes of August, earle of Dumfermling, and the persons above1689, or ane or other of the dayes of the said named, and others in this kingdom, who rose moneth, or ane or other of the moneths of the in actuall rebellion against their majesties, and said year, the said James earle of Dumferm- still continow in armes, might be called, and ling, and the other persons forsaids, and their accordingly all the persons against whom accomplices, did attack their majesties forces at the lybell or indytement of high treasone is Dunkeld, where they did kill lievtenent collonell raised were thryce publicly called by meaWilliam Cleilland, majorcers at the barr and at the great door of the house, and none of them compearing, the said sir John Dalrymple, their ma'ties advocat, produced in presence of the estates of parliaand yearment, the letters and indytement of high treasone wrytten in Latiue upon parchment, under the hand and subscriptione of the deput director of the chancelary, keeper of the quarter seall, together with ane other duplicat thereof, under the hand and subscriptione of the

-Hendersone, and severall others of their majesties officers and faithfull souldiers; and haveing mett and assembled at Innerlochie upon the first, second, or third dayes of the mouth of of God forsaid, or ane or other of the dayes 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

Halybur

Robert

sone of Strowan; David Graham, brother
to the deceist John, viscount of Dundee, for
himself, and as representing the said viscount;
Halyburton, of Pitcurr; and -
Halyburton, as air to the said deceist
Halyburton, of Pitcurr, bis father; James Ed-
moustoun, of Newtoun, of Downe; sir Ewen
Cameron, of Lochzeel ;
Cameron,
his eldest sone; Donald McDonald, younger,
of Sclate; the laird of M'Naughtoun ;-
Grant, of Ballindalloch;

Appin;

Stewart, of

said deputy, director of the Chancery, keeper Crawfurd, his brother; of the said quarter seall, item, Ane authentick copie of the said letters of treasone translated into English, togither with the forsaid act of parliament, dated the first day of August, 1689 years, wherby the king and queen's majesties and the estates of parliament doe grant warrand to his majesties advocat to raise ane indytement of high treasone befor the parliament, against the viscount of Dundee, the earle of Dumfermling, and other persones, who are in open rebellion against their majesties; and lykways against all such persones as intercepted any of M'Lean, alias M'Donald, his ma'ties forces under the command of major elder, of Glencoe ; Alexander McDonald, generall M'Kay in their retreat, and killed, younger, of Glengarie; Donald M'Neill, of wounded, or robbed them of their cloaths, Gallibellie; and sir John M'Kean, of Dowart, horses, and armes; and thereby they declare and diverse others, their associats, and accomthat a citation against the saids persones, at plices; and all others the successors of such of the mercat cross of the head burgh of the shyre them as are dead, and your tutors and curators, where they duell, or in case ther be not tutus if they any have for their intrest; to have comaccessus therto at the mercat cross of the head peired befor the high court of parliament, burgh of the next adjacent shyre shall be suffi- within the parliament house of Edinburgh, cient; and after production and reading of the upon the days particularly mentioned in the said indytement, in Latine, wherof there was said summonds, and that he made certification, two principalls produced and ane authentick and affixt and left authentick doubles, with a list copie thereof in English, and the act of parlia- of the witness, at and upon ilk ane of the saide ment abovementioned, which were read in au- mercat crosses, befor and in presence of the dience of their majesties high commissioner witness mentioned, in and subscryveing witand the estates of parliament, their ma'ties said ness to the said executione; together with advocat did produce ane executine of the said another excutione under the hand of William summonds, dated the 7th, 8th, 10th, 12th, Glover, Rothesay herauld, bearing that upon 13th, 14th, and 24th days of March, 1690 the said eight, tenth, tuelt, fourtein, and fyfteen years, under the hand of George Ogilvy, Al- days rex'ive of the month of March, 1690 bany herauld; bearing that the said George years, the said William Glover to have at Ogilvy, Albany herauld, att command of the command of the said summonds of treasone, at saids letters of treasone raised at the instance of the instance of the said sir John Dalrymple, their majesties said advocat against the saids their majesties advocat, for ther highnes indefenders, and by vertew thereof, with one of trest, against the haill defenders abovenamed, their ma'ties trumpeters, and witness there- and their accomplices, past with ane trumpeunto subscryveing, past upon the said 7th day ter, upon the said 8th day of March, and year of March, to the mercat cross of Coupar, in of God forsaid, to the mercat cross of LaFyfe, head burgh of the s'refdome thereof; nerk, head burgh of the s'refdome thereof, and and upon the said eight day, to the mercat cross upon the tenth day of March, and year of God of Forfar, head burgh of the s'refdome thereof; above wryten, to the mercat cross of Air, head and upon the said 10th day, to the mercat cross burgh of the s'refdome thereof; and alse upon off Aberdeen; and upon the said 12th day, to the said 12th day of March, and year of God, the mercat cross of Bamff; and upon the said forsaid, to the mercat cross of Inverarie, 13th day, to the mercat cross of Elgine of For- head burgh of the s'refdome of Argyle; and ress: and upon the said 14th day to the mercat upon the fourteen day of March, and year crosses of Nairne and Invernes rex'ive; and of God above wrytin, to the mercat cross of upon the said 24th day, to the mercat cross of Renfrew, head burgh of the s'refdome thereof, Perth, head burghs of the s'refdomes thereof, and upon the fyfteen day of March, and year and thereat ilk ane of the saids croces rex'ive of God forsaid, to the mercat cross of Sterling, and successive in their ma'ties names and au- head burgh of the s'refdome thereof; and there thority with their coatts of armes displayed, at ilk ane of the saids crosses, respective and sound of trumpet, and other solemnities requi- successive; in their majesties name and authosite and necessar open proclamation and publick rity, the said William Glover, Rothesay hereading of the said summonds of treasone, he rauld, lawfully summoned, warned, and charglawfully charged the haill persones above and ed, ilk ane of the fornamed persones aboveaftermentioned, viz. John viscount of Dundee; named, and others contained in the summonds James earle of Dumfermling; viscount of Fren- of treasone, and ilk ane of them, and the sucdraught; lord Dunkeld; major William Gra-cessors of such of them as are dead, be sound ham, of Baquhaple; collonell Alexander Cannan; John Cleiland, of Fasken; Mr. Colin M Kenzie, uncle to the earle of Seaforth; sir John Drummond, of Machany; William Crawfurd, younger, of Ardmillan; James

of trumpet, three severall tymes, with displayed coatt, be open proclamatione, and publict reading of the said summonds of treasone, and using other solemnities, necessar to compear befor their majesties high court of parliament,

to the earle of Seaforth; sir John Drum. mond, of Machannie; William Craufurd, younger, of Ardmillan; James Craufurd, his Robertsone, of Strowan;

-Ca

meron, his eldest sone; Donald McDonald,
younger, of Sclait; The laird of M'Naugh-
toun;- --Grant, of Ballindalloch ;-
Stewart, of Appin;
McKean alias
M‘Donald elder of Glencoe ; Alexander M'Do-
nald, younger, of Glengarie; Donald M'Neill,
of Gallahellie; and sir John M'Lean, of Do-
wart, and also the said David Grahame, for
himself, and as successor to the late viscount of
Dundee; and
Halyburtone, of Pit-

curr, son to the said
Halyburton, of
Pitcurr, his father; being lawfully summoned
by heraulds, with displayed coatts, and sound
of trumpet, and other solemnities requisite,
to have answered to the forsaid indytement;
and being oft and diverse tymes called by macers
in the parliament house, and at the great door
which was cast open as use is and not com-

to be holden within the parliament house of Edinburgh, at ane certain day bygone, in the hour of cause without continuation of dayes, to the effect for the causs't and made certifica-brother; tion as is exprest in the said summonds of trea- James Edmonston, of Newton, of Doune; sone, and affixt and left ane just and authentick | sir Ewan Cameron, of Lochzeel ;copie upon ilk ane of the saids mercat crosses, respective and successive, upon the dayes re. spective above specified, together with a list of the witness names befor, and in presence of the witness mentioned, and designed in the execution and subscry veing witness therto, as the saids executions more fully bears. Therafter the saids George Ogilvie, Albany herauld, and the said William Glover, Rothesay he rauld, who did execute the saids letters of treasone, and the witness ins'rt and subscryving witness to their saids executiones respective forsaids, compeared personally in presence of their majesties high commissioner and the estates of parliament; and after publict reading of the said lybell of treasone in Scots, and the executiones of the samen; the saids heraulds and witness, being solemnly sworne, and interrogat, deponed that the saids execu-pearand, the which lybell and indytement of tions formerly subscribed by the saids heraulds and witness, were trew executions in all poynts, in manner therin contained, and that the samen was true, as they should answer to God, as their oaths and depositiones, wryten upon the back of the saids respective executions and subscryved by them, and by the president of parliament, more fully bears. Therafter their majesties advocat did obviat three objections which might be made; Primo, that where the executions does not bear that the parties were ceited at their duelling houses, but only at the mercat cross of the head burgh of the shyres, he represented that the warrand given by the parliament for raising the proces, does expressly allow that manner of citation; Secundo, Albeit the persons cited be absent, yet the leading of probation against them, altho absent, is expressly warranted by the

act of the

session of

treasone persewed by their majesties advocat against the deceast viscount of Dundee, and his representatives, the earle of Dumfermling, and others contained in the lybell, with the executions thereof, with the principall indytement, and the authentic double of the samyne, in English, with the forsaid act of parliament, impowering and granting warrand to the said sir John Dalrymple, their majesties advocat, to intent, raise, and prosecute, the forsaid lybell of treasone against the saids defenders in the way and manner abovementioned, being at length heard, seen and considered by their majesties and the estates off parliament; and they therewith well and ripely advysed, They by their vote and interlocutor, fand the lybell relevant in thir termes, that these persons were actually in armes against their majesties after the fourth day of May, 1689 years, or joyned with any of the rebells, who were parliament, king Charles the second, in anno in armes after the said day relevant to inferr 1669; Tertio, the deduceing of probation the pain of treasone; After pronounceing of against persons guilty of treason after their which interlocutor their majesties advocat perdeath, is conform to the sexty nynth act, sext sewer did adduce diverse famous witnesses, parliament of king James the fyfth, which lawfully ceited for proveing the poynts of the acts were read in audience of their majesties lybell admitted to his probatione, who haveing high commissioner and the estates of parlia- compeared in presence of their majesties high ment, and then their majesties advocat de- commissioner and the estates of parliament, clared, that he restricted the lybell to the and being solemnly sworne, purged of partiall defenders their being actually in armes against councill, examined, and interrogat, upon the their majesties, after the fourth day of May, poynts of the lybell and indytement of treasone, 1689 years, (which was twenty one days after admitted to the persewars probatione, deponed the proclamation of their majesties king Wil-in manner mentioned in their oaths and deliam and queen Mary, to be king and queen of positions, as the samen subscryved by them this realme) or such of the saids defenders and the president of parliament extant in the who joyned with any of the rebells who were proces fully bears; and sicklyke, their main armes after the said day; and the said jesties advocat produced the wreits aftermenJames earle of Dumfermling; vis.. tioned, viz. Ane bond of association entred count of Frendraught; Jord Dun- into by the laird of Lochzeell, Donald M‘Dokeld; major William Grahame, of Baqubaple; nald younger, of Sclait, and other highlanders, collonell Alexander Cannan; John Cleil- wherby they bind and obleidge themselves, for fand, of Fasken; Mr. Colin McKenzie, uncle his majesties (the late king James) service and`

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