Highland Papers Vol
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W^mo^^ Wcdr.(\Ci- 'i> /^^Aujf ilcJtlX^ PUBLICATIONS OF THE SCOTTISH HISTORY SOCIETY SECOND SERIES VOL. V HIGHLAND PAPERS VOL. I May 1914 HIGHLAND PAPERS VOLUiAlE I Edited by J. R. N. MACPHAIL, K.C. EDINBURGH Printed at the University Press by T. and A. Coxstabi.e for the Scottish History Society 1914 lyBl </^^ PREFACE At his early death in 1836 Mr. Donald Gregory, whose History of the Western Highlands and Isles of Scotland still remains the standard work on the subject, left behind him a considerable body of MSS. These con- tain the results of his researches in the public records and in various private charter chests to which he had acces^ and also include transcripts of various family histories which had been placed at his disposal. Although utilised for his history, these materials are in themselves of great interest and value. After Mr. Gregory's death these MS. Collections were acquired by the Society of Antiquaries, by whose kind- ness they have been made available for the purpose of printing such portions as might seem desirable. The present volume is largely drawn from these Collections, though it also contains documents derived from other sources. Its purpose is the modest one of making available to the Society, and through it to all interested in Highland History, some of the original material and recorded tradition on which knowledge of that history must be largely based ; but a certain limited amount of annotation and comment has been found necessary. It is hoped that further Highland Papers may be issued later. At various places throughout the volume the Editor has sought to recognise the kind help which he has received in its preparation. But he desires here to vi HIGHLAND PAPERS acknowledge also the general assistance which he has received from IMr. Hannay and Mr. Yule of the Histori- cal Department in the Register House, and from Dr. Maitland Thomson. To the Society of Antiquaries and the Faculty of Advocates the thanks of the Society are due for the courtesy which has made possible the publication of this volume, and to Mr. Mill for the skill and care which he has bestowed on a somewhat troublesome index. CONTENTS PAGE HISTORY OF THE MACDONALDS— Introductory Note^ ..... 2 History OF THE Macdonalds^ . .5' Documents Illustrating Passages in the History— I. —Dispensation for marriage of John of the Isles and Amie, sister of Reginald MacRuari. 4th June 1337, ..... 73 II. —Indenture betwixt John, Lord of the Isles, and John of Lorn, Lord of Argyle. 1354, . 75 III. — Mandate to absolve from excommunication Lachlan, son of John ^M'Guilleon' and Mary, daughter of John of the Isles, and to grant a Dis- pensation for their marriage. 13th May 1367, . 78 IV. —Extract from the Acts of the Parliaments of Scotland. 1389, ..... 81 V. —Papal Mandate to the Bishop of Ossero to inquire into certain matters relating to the Monastery of St. Columba, in lona, with powers. 1444, . 82 VI. —Papal Letters of Legitimation in favour of Hugh, Alexander, and Donald, sons of Alexander, Earl of Ross and Lord of the Isles. 1445, . 92 VII. — Papal Mandate to admonish Alexander, Earl of Ross and Lord of the Isles, and Christina, his Concubine. 1446, .... 93 VIII. —Carta confirmationis super carta Johannis Domini Insularum facta suo fx'atri Hugoni Alexandri de Insulis. 1495, ..... 96 IX. — For Donald Gorrum his petitioun and clame gewin in to the cheker penult July 1596, . 99 h "' viii HIGHLAND PAPERS PAGE X. — Donald Gorme his genealogie from Hugo Alexander, . .101 MACNAUGHTAN OF THAT ILK— Introductory Note, . .104 Macnaughtan of that Ilk, . .105 Roll of M'Nachtane's Soldieris schipped at Lochkerran. 11th December 1627— fra then to the 28th of December inclusive, . .114 A SUCCINCT ACCOUNT OF THE FAMILY OF CALDER— Introductory Note, . .118 A Succinct Account OF THE Family OF Calder, . 119 The Family of Calder of the surname of Campbell, . 127 PAPERS RELATING TO THE MURDER OF THE LA.RD OF CALDER-^^^,^^,^^ ^V ; ' '.'-' Introductory Note, . .r . 143 Papers Relating to the Murder of the Laird of Calder, . .152 I. — Letters of Treason against John Campbell of Ardkinglass for the Murder of the Laird of Calder, 1 52 ii.-^The Advyse of the King's Advocate and other lawyeris anent the form of proceeding in the tryil of Calderis slauchter, . .156 iH. —Commission of Justiciary from the King for the tryel of John Campbell of Ardkinglass for the Murther of the Laird of Calder. Annol5.')l, . 157 IV. —The confessione and depositione of Margaret Campbell. 5th October 1595, . .159 V. — Ardkinglass confession anent the Murder of the Laird of Calder, etc, 21st May 1594, . 175 VI. —Ardkinglass's further Confession, . .179 VII. —The Laird of Glenurchye's Answer to the Laird of Ardkinglass' Deposition. 28th June 1594, . 189 VIII. —Ardkinglas Testimonial at Dunoone. 1st July 1594, 189 IX. —Ardkinglas Testimonial! befoir the Ministerie of Glesguowe. 30th May 1595, . 190 CONTENTS IX GENEALOGY OE THE MACRAS- Introductorv Note, 196 Genealogy of the Macras, 198 PAPERS RELATING TO THE MACLEANS OF DUART. 1670-1680— Introductory Note, ..... 242 Papers Relating to the Macleans of Duart. i670- 1680, ...... 245 I. —Information for Allan M'Lean of Drimnin, Pursuer ; against John, Duke of Argyle, Defender, 245 H. — Decreet of Maills and Duties, Earl of Argyll against M'Leans. l672, . 251 HI. — Decreet of Removing, Earl of Argyll against M'Leans. 1673, . 260 IV. —Executions of Deforcement. l674, 261 V. — Letters of Treason. l674, 263 VI. — Letters of Intercommuning. 1674, 269 VII. —Commission of Fire and Sword. 1674, 271 VIII. —Articles of Agreement betwixt Glenurchy and Lochnell on behalf of Argyll, and Lauchlan M'Lean of Brolose on behalf of the M'^Leans. 1674, ...... 275 IX. — Rental of the lands and estate of Dowart. 1 674, 277 X. —An Account of Lauchlan M'Laine's Intromissions, 293 XI. —Caption, the Earl of Argyll against John M'Lean and others. 1675, 296 XII. —Act of Adjournal. 1675, 303 XIII. —Commission to the Earl of Argyll. l675, 308 XIV. —Execution of the Offer of Indemnity. l678, 309 XV. — Commission to the Earl of Argyll. l678, 310 XVI, —The Rental of Mull, as it was given up be the Bailies and Officers therein, in the Bailie- court, holden at Dowart. 13th January 1679, 311 XVII. — Receipt by Campbell of Inveraw for the Macleans Arms, ...... 317 X HIGHLAND PAPERS PAGE xviii. — Instructions by Archibald, 9th Earl of Argyll, for the Captain of DunstafFnadge^ . 317 XIX. — Account of John M'Farlane's work, . 318 XX. — Receipt by John Macfarlane, . 319 XXI. —Obligation by Johne M'Clane and others. 30th July 1637, . .320 XXII. —Contract between Lord Lome and M'Lean of Ardgour. 19th December l631, . 323 XXIII.-—Letters of Certification and Assurance by James, Marquess of Montrose, Captain - General and Lieutenant-Governor of Scotland. 1st September 1645, . .333 XXIV. —Agreement between Sir Allan M'Laine of Dowart and John M'Laine of Ardgour and Hew M'Laine. 8th March l67l, . .335 Index, ....... 339 HISTORY OF THE MACDONALDS ^^oU^^^^^^^^^^''^ INTRODUCTORY NOTE The following History of the Macdonalds—of which both the beginning and the end are obviously wanting—is attributed to Hugh Macdonald, a Skye seannachie, and is said to have been written in the reign of Charles ii. That it was certainly written after 1628 is apparent from the reference on p. 31 to Patrick, Earl of Tullibardine, whose patent is dated 30th January 1628.XAs the period which it covers extends roughly from 1100 to 1500, it has not the authority of a contemporary record, and in many places it is inaccurate in detail. But it is of great value as embodying and j)reserving the traditional beliefs current some three hundred years ago among the Skye Macdonalds with regard to the history of their race- Partly printed for the lona Club it is generally recog- nised as an authority, and is used as such by Mr. Gregory himself, and by subsequent writers. From such things as his reference to Camden (p. 8), and his incisive criticism of George Buchanan (p. 10), it is also plain that the author's knowledge of Scots history was not confined to Hebridean legends. Occasional notes have been added for such purposes as fixing dates, or correcting serious errors, but otherwise the seannachie is allowed to tell his own story. Out of the material available it is impossible to construct a satisfactory pedigree of the descendants of Somerled. But in the belief that a diagrammatic representation of the descent and connection of the more important families will make the history easier to follow, it has- HISTORY OF THE MACDONALDS 3 been thought well to prefix the genealogy contained in Scotland under Tier Early Kings (vol. ii. Apf)endix A.) Even if in some details this should appear open to criticism, any statement by Mr. Robertson may, in the absence of contrary evidence, be deemed worthy of at least provisional acceptance. A few explanatory and illustrative documents, w^hich seem of interest, follow the history. -S « j 2 ti c -jj -ill O N HISTORY OF THE MACDONALDS SoMMERLED, the SOU of Gilbert,^ began to muse on the low condition and misfortune to which he and his father were reduced, and kept at first very retired. In the meantime, Alhn MacVich Alhn, coming with some forces to the land of Morverin for pillage and herships, intending to retire forthwith to Lochaber, from whence he came. From this Allan descended the family of Lochiel. Sommerled thought now it was high time to make himself known for the defence of his country, if he could, or at least see the same, having no company for the time.