History of the Clan MacLean from its first settlement at Duard Castle, in the Isle of Mull, to the present period

190 History of the Clan MacLban.
Dowart), and would not give him admittance to that house, he convened a'great many of
MacLean's friends before his own justice court for treasonable convocation in arms, and
keeping garrisoned houses, and making of leagues among themselves, charging them to
find caution to underlie the law upon six days, and to find landed men cautioners. Where-
upon the parties cited, knowing that tlie earl or his deputies were to be the judges in
that affair, and that it would be difficult for them to find caution, especially landed men,
the time being so short, resolved to send to Edinburgh to advocate the pursuit and to
suspend the charge for finding caution ; but thereafter being denounced in the earl's
court for not finding caution, and an act of adjournal made declaring them fugitives for
not compearance, they durst not adventure to pass thro' the country of Argyle; the earl
having issued forth (by his own authority in his own name, as judiciary of the Jsles,
under a signet bearing his coat of arms) letteis for denouncing them rebels to his majesty
for not appearance, and upon production of his procedure .procured letters of inter-
communing and commission of fire and sword from your lordships of the council; and
thereupon levied considerable forces, invaded the island, and having commission from
your lordships to indemnify the defenders, he did accordingly indemnify them, and re-
ceived possession of the house of Dowiirt. But in regard the tutor of Macl.ean would
not renounce any interest of kindness and blood he had to the family of MacLean, and
would not accept a charter of tlie lands of Brolass, containing extraordinary clauses of
service and marriage, he thereupon of new convenes the tutor and several others of the
name of MacLean in his justice court, jiroceeding against them upon the former crimes
for which they wei'e indemnified, and upon new pretensions of sorning and spulzeing
his tenants, he declares them fugitives, denouncing as aforesaid, obtains letters of inter-
communing and a new commission of fire and sword. And it being impossible for the
•defenders either to come to Edinburgh or to send, but necessarily they behaved to pass
thro' the Earl of Argyle's bounds, which safely they could not do, and whereof they had
a recent instance in the violent seizing of the person, they had sent with information
and instructions to their agents and lawyers at Edinburgh ; so that being debarred from
access to the ordinary and legal remedies, and being surprised with this new commission
of fire and sword after the earl had attained possession of both the houses of Dowart,
Morvern, and other parts of Macl^ean's estate; and having grounds to suspect that the
eari intended the extirpation of their name and race altogether, they resolved to continue
without doing wrong, but to defend their lives until they might have an opportunity to
send some persons by a compass about to represent their sad and distressed condition
to the lords of his majesty's privy council. Which accordingly they did, and whereof
the lords of his majesty's privy council were graciously pleased so far to take notice,
that tliey granted them suspension of the letters of denunciation and inter-communing,
and assigned them a day to compear, commanding them to disperse and lay down their
arms; which they instantly did upon your lordships' command, and do now appear be-
fore your lordships. And having really represented the rise and progress of their
troubles, and which have been occasioned, by this pretense of debts alleged due to the
late marquis in anno 164'.2, and which, if duly considered, will be found uHJust at the
beginning; and albeit it had been just yet in great part satisfied, and as to which the
earl needed not have interposed himself betwixt MacLean anrl the creditors, with
whom he would have transacted and have satisfied them of what in law and reason
should have been found due ; and as to any other debts which the earl has lately acquired,
they were ever ready and willing to have satisfied the same by payment of the true
sums which the earl paid for acquiring the same; which being promised, the defenders'
answer to this complaint is as follows: —
" First. As to the pretended convocations and being in arms in August and Septem-
ber, 1674, and the garrisoning of the house of Dowart, they deny that they were other-
ways in arms than they usually ai-e when they meet about tlieir chief's affairs, to treat
about the letting of his lands or other settlements of his estate; and as for all the dili-