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

Partisans of the House of Stuart — 1598 to 1746. 191
genbe done against them in the earl's court, Ihey do repeat their reasons of suspension
thereof, principal eiked, contained in and eiked to the letter of suspension raised bel'ore
your lordships.
"Secondly. Albeit they had been guilty of such enormous crimes as were then li-
belled, as tliey were not, yet they ought to be assodzed for all deeds alledged committed
by them preceding the 8th of September 1674, in regard by warrant from his majesty's
council the earl did indemnify them, whereupon he attained to the possession of the
house of Dowart and the possession of the lands of Morvern.
"Thirdly. As to the convocation, bands and leagues continuing together in arms,
they the defenders humbly represent to your lordships the bad grounds before men-
tioned; 1.7'r., that they were unwarrantably and in a most summary manner proceeded
agninst by the earl in his own court of justiciary ; and although he had been judge com-
petent In those high crimes and points of treason, as he was not, and no judge in the
realm can be judge competent thereto but the highest court of justiciary or the court of
parliament yet the letters were most inordeily executed, in regard the same being letters
of treason, whereby they were charged to find caution to underlie the law for the poiiits
of high treason libelled, and to compear to answer for the same under the pain of trea-
son, such letter by the undoubted law and practice of the kingdom, and paiticularly by
the 125 Act, January (Jth, are appointed to be executed by the ordinary heralds and
pursuivants bearing coats of arms; otherwise the executions are declared null and void,
and of no avail. But so it is, that the said letters were not so executed, and conse-
quently they were unwarrantably and unjustly proceeded against, and declared fugitives
for crimes of treason, and denounced rebels and traitors; upon which ground they have
suspension, and thereupon the hail procedure an 1 all that has followed thereupon
should be declared null and void.
" Fourthly. As the procedure was most unorderly and unwarrantably, so it is a new
and great surprise to the defenders. In regard to the earl having attained to the peace-
able possession of the house of Dowart and of the lands of Morvern, and within a very
few months thereafter having of new again convened them before his justice court for
theii- actings, and some other new pretences, without acquainting them wherein they had
done any wrong, they could not but think that the earl, by this procedur- and his |>repa-
rations to invade them, did intend their utter extirpation, which they acknowleilge made
them stay together until they had opportunity to acquaint the council; which they could
not otherwise do but by sending their petition inclosed to a privy councillor to have the
same presented, not daring to adventure their persons through the earl's country until
the letters of inter-communing and fire and sword were suspended; and immediately
after intimation of the council's commands they dispersed. And whereas it is pretendeii
that since the council's orders they continue a garrison atCairnburg, they humbly repre-
sent to your lordships that some of the earl's followers, after his first attempt upon Mull,
were so cruel and inhuman to the laird of Maoljean (vpho is but an infant of six or
seven years of age) that they stripped him naked and took all his clothes from him;
whereupon his Iriends, when tlie earl intended to come to Mull in September last, being
apprehensive that they might proceed to cruelty against the infant, they sent him to a
little rock in the sea which has no fortifications but the natural inaccessibleness of the
place, and sent two or three persons with him to preserve his person against injuries;
and within some few weeks after the council's orders he came forth thereof, and
now stays in Airdnancross. And to the other pretended deed of riots and oppression al-
leged committed by them since the intimation of the council's order, they altogether
deny them ; but, on the contrary, they have lived in a peaceable manner, sustaining great
and very considerable losses by the depredations committed upon them by the earl's
friends and followers, for which they have a complaint raised and depending before your
lordships. And not to trouble your lordships with any further answer to this large com-
plaint and specialities, whereof they humbly pray your lordships to consider this affair