Note on the probable origin of the Scottish surname of Gemmill or Gemmell

11
Dittay against the Pannel. 1
Thomas Cuninghame, sword-slipper, sometime servitour to William Vaus,
armorar in the Cannogait, being entered on Pannel, dilatit and pursued;
Forasmuch as he, accompanied with Alexander and Hew Cuninghame,
brother to the Laird of Tourlandis, the deceased Johne Cuninghame, alias
Potter, Marioune Parker, Isobel Parker, her sister, William Spier, servant
to the said Alexander, and another boy, lately, in the month of Januar
last byepast, under silence and cloud of night, by way of Hamesucken,
and Brigancie, came to Patrik Gemmill's dwelling-house in Tempilhous,
where he, his wife and family was, in sober and quiet manner, taking the
night's rest, dreading no evil or harm ; and there brak up the door of the
said house, entered therein perforce, and took the said Patrik and his wife
furth of their beds, bound his wife foot and hand, and cast her into a
mickle kist, menaced the said Patrik to deliver to them his silver and gold ;
and, because he refused to do the same, they bound atether round his neck
and hung him up upon a balk (i.e , a beam), where he hung a long space,
until the said Thomas for pity cut him down ; and thereafter tney packed
up his whole inside goods and plenishing in sheets and caused the three
women convey the same theftuously upon their backs, and thereafter took
and apprehended the said Patrik Gemmill captive and prisoner, and
convoyed him, being an aged man of three score of years, in a great storm>
by the space of xxviii miles from his own house, till he came to Clyddis-
holme, where he was relieved by the Bailleis of Lanark ; Usurping thereby
our sovereign lord's authority; the said Patrik being his highness' free
liege ; and the said Thomas was art and part of the said crimes. Item, for
art ana part of the coming upon a Sabbath day, ten weeks sin syne, or
thereby, in time of preaching, accompanied with Williame Cuninghame of
Tourlandis, Alexander Cuninghame his brother, the deceased Johne
Cuninghame, the potter, and others, servants of the young Laird of
Blaqubannis, and others their complices, to the number of fourteen persons
or thereby, and running of a foray with the Laird of Cuninghames -heids
tenants for the theftuous stealing and reving from them of xii horse and
maree, which were sold in the country. Item, for art and part of the
theftuous stealing and away-taking of two nags, one soir {i.e, sorrel) and
another brown, pertaining to Thomas Bigger in Byres, furth of the lands
of Warreikhill, committed in June last was. Item, for common theft,
common reset of theft, &c.
Verdict — The Assyis, by the mouth of Johne Farguesoun of the Tie,
Chancellor, found, pronounced, and declared the said Thomas Cuninghame
to be found culpable and convicted of the whole points of the dittay above
written, and crimes therein contained.
Sentence — To be taken to a gibbet, upon the Castell-hill of Edinburgh, and
thereupon to be hanged till he be dead ; and all his moveable goods to be
escheat, &c.
1. Palerson's History of Ayrshire, (1st Edition) Vol.1, p. 106. Robertson's Historic Ayr-
shire, Vol. I, p. 36. Ancient Criminal Trials of Scotland, by EobertPitcairn, Maitland Club, 1833.
Vol. II, p. 339. . ' J