The deceist Samue Grierson, of Dalgonar, dated 1682
Transcribed by Gayle Clutter (House of Capenoch) - Thank you very much for your dedication, Gayle:
A Complete Collection of State Trials & Proceedings for High Treason & Other Crimes and Misdemeanors for the Earliest Period to Year 1783
By Thomas Bayly Howell, Esq, FRS, FSA
Vol XI pages 38-40
Page 937 & 938
13th December, 1682.
Intran,
Alexander Cairnes, Nottar at Glenliemilne
James Fergusune of Cairoch
John M'Nauglit older of Overtoune
Indyted and accused for the crymes of treaston and rebellion, mentioned in ther dittay ut "die precedente.
Persewer –Sir George McKenzie of Rosehaugh, his Majesties Advocat.
Procurators in defence, ul in die precedente.
His Majesties Advocat having declared, that he had examined the witnesses against the Galloway rebells previouslie, and that by their depositions it does not appear that Alexander Cairnes nottar at Glenliemilne, James Fergusone of Carroch, and John M'Naught elder of Overtoun, are guilty of the crines lybelled, and that he would not insist against them. The Lords justice generall and commissioners of justiciarv therfor deserted, and be thir presents deserts the dyet, simpliciter, and discharges all new letters or dittay to be raised or taken up against the defenders, for the crymes above specifit, except by express warrant from his ""jestic, or the lords of privie council!, which- apon the saids defenders and their procourators, "sked and tooke instruments, and protested for thbeir cautioners relieff, and craved the bond !" rautionrie might be delivered up, which the iurJs admitted and ordained.
His Majestie's Advocat declairs be insists against
The deceist Samuel Grierson, of Dalgonar
William Grierson, of Lochquhurr
Jumes Welsh, of Little Clouden
John Br?w??, heretor, in Newtoune
Henry M'Culloch, of Barholme
—— HalyJay, of Mayfield
Mr. T/iomai Vernor, late minister at Balmaclellan
George Gordon, second son to the Laird of Holme
Alexander M'Naught, younger, of Overtoun
Anthonie M'Kie, of Cloncaird
Mr. Samuel Arnot.
Thomas Criclitoun, of Hole of Balhassie
___Hay, of Arielland
Alexander Hunter, of Colquhassen
Andrew Martyne, of Little Aries
Alexander M'Aie, of Drumbowie
___Fulecrtoun, of Senwick.
The said William Grierson, brother and nearest of kine to the deceast Samuel Griersone, and his tutors and curators, and all others having or pretending to have interest, and the absent rebells remitted to the assyse, being of tymes called to have compeared to hear and see process of forfaulture orderly led and deduced against them, and not compeirand, the Lords according to the tenor of the act of parliament, did proceed to consider and give thcr interloquitor, wherof the tenor followes :
The Lords finds the lybell relevant and remitts the same to the knowledge of the assyse.
Assisa.
Sir John Dalmahoy
Sir Patrick Nishet
Mr. James Ellies
John Brown, of Georgiemilne
Major James Wood
Mr. William Litle, of Overlibertoun
Alexander Henrysone, of Newhaven
Sir James Richardsone, of Srneitoun
John Mure, sone to Rowallan
John Brown, merchant
James Tait, merchant
John Kirkwood, merchant
Alexander Sympsone, merchant
James Kirk, merchant
William Reid, merchant.
The Assyse lawfullie sworne and no objection in the conlrair; his majesties Advocat declares he will not insist against Kennedy of Knocknalen for a forfaulture at this dyet.
His Majesties Advocat for probation adduced the Pannalls Confessions under written with the witnesses after deponing.
Anthony M'Kie, of Cloncard, confesses he rose and joyned in armes with the rebells the tyme libelled, and marched alongst with them from Moniegaff to Hamiltoun Muiré, and continued with them in armes till their defate…..
Pg 939 & 940
at Bothwelbridge, and comes in will, and begs the Lords to interceed for his pardon; declares he has taken the test, and is willing to take the test againe if the lords please.
Sic Subscribitur, Ant. McKie.
James Chalmers, officer in Newtoun, aged threttie fyve, maried, purged and sworne, depons he sawe the deceist Samuel Griersone, of Dalgonar, marching witb the rebells in rank and fyle, with horse and armes, such as pistolls and sword, at Dumfries Keirmuss, and knows that he marched alongst from Galloway to Dumfries; depones he sawe William Griersone, of Locbquhurr, and sawe him ryding with the rebells in town of Dumfries, and when they came out of it with a sword, and this is the truth as he shall answer to God.—
Sic Subtcribitur, James Chalmers.
Robert M'Cellan, of Barscobb, aged 36 years , married, purged and sworne, dépons he knew Griersone; he knew Griersone Dalgonar, and sawe him at Dumfries rydeing in a troup of the rebells, and lykewayes ryding with them at Cumnock with a sword drawen; depons he sawe William Griersone, of Lockquhurr, at the Old Clacban of Dalry, on Thursday efter the défate, rydeiug with a troup of the rebells in armes, to the number of fourtié horse; after their flight, depons he sawe one who was designed John Brown, in Newtoune, in company with the rebells at Straven, with the rebells, and lykewayes at the Newtoune of Galloway, and that he was called a smith to his trade; depous he sawe Henry M'Culloch, of Barholme, march and ryde all alongst with the rebells from Galloway to Bothwel Bridge, particularly at Sanquhar and Dumfries ; dépons be sawe Mr. Thomas Vernour, in companie with the rebells, at Hamiltone and Cumnock; depons he sawe George, soné to Holme, march alongst with the rebells in arms from Galloway to Bothwel Bridge, and that he had horse and armes; depons he sawe Alexander McNaught, younger, of Overtoun, in company with the rebells at their rendivouze at Cubhockshill, and march all alongst with them in armes to Bothwel Bridge; depons he sawe Mr. Samuel Arnot march all alongst with the rebells from Galloway to Bothwel-Bridge, depons he sawe Thomas Crichton, of Hole of Balquhassie at Hamiltoun Muiré with the rebells and a pyck in his hand, depons he sawe Hay of Arriealland with the rebells betwixt Mauchline and Newmilnes rydeing in company with the rebetls in their march to Bothwell-Briidge; depons he sawe Fullertoune of Senwick at Kirkcudbright and Hamiltoune with the rebells in armes ; and this is the truth as he shall answer to God.
Sic Subscribitur, Robert M'clellan.
John Wallace, in Dalgonar, aged fourtie years, married, purged and sworne, depons he sawe the deceist Samuel Griersone of Dalgonar in company with the rebells in armes at the croce of Mechle wood and thereafter with them in armes at Keir Moss, depones be cannot wreit.
Sic Subscribitur, Perth, I. P.D.
Thomas Corbie, messinger, aged fyftie or thereby, maried, purged and sworne; depons, he sawe Grierson ofLochquhnrr at Sanquhar Newmilne and towards Bothwelbridge, rydemg in armes with the rebells. Depons he sawe John Brown, heretor, in Newtoun, rydeing alongst with the rebells from Dumfries to Hamiltoune muiré. Depons he sawe Henry M'Culloch of Barholme rydeing with the rehells at Sanquhar and Hamiltoune maire. Depons he saw Mr. Thomas Vernor in companie with the rebella at Hamiltoune muiré. Depons he sawe Mr. Samuel Arnot march all allongst with the rebells from Galteway to Hamiltoune muire, particularlie at Domfries and Sanquhar with them; and this is the truth as he shall answer to God.
Sic Subscribitur, Tho. Corbie.
Archibald Williamsone, in Litle Dibban, aged fifty years, maried, purged and swone, depones he sawe Samuel Grierson, of Dalgonar, in company with the rebells in armes at Cumnock and other places as they went alongst. Depons he sawe Grierson ot Lochquhurr at Straven, ryding in company with the rebells in armes; and this is the truth as he shall answer to God : depons he cannot wreit. Sic Subscriber, Perth, I. P. D.
James Griersone, in Craigwestonne, aged twentie three years, maried, purged and sworne: depons, he sawe William Griersone of Locbquhurr in company with the rebells at Dumfries, Sanquhar, and within a myll of Hamiltoune, ryding in their troupes, in armes; and this is the truth as he shall answer to God. Sic Subscribitur, James Griersone.
Robert Herries, in Castlefairnê, aged thrertte years, maried, purged and sworne : dépons, he sawe William Griersone, of Lochqnhnrr, ryding with the rebells, in armes, at the Milntoun of Orr; and that they were ane hundredth horse or thereby.
Sic Sabseribitur, Robert Herrjes.
Alexander Ker, in Glencairne, aged twentie fyve years, unmarried, purged and sworne: depons, he sawe Griersone of Lochquhurr in company with a partie of the rebells, efter their fleight, with a sword. And this is the truth as he shall answer to God : depones he cannot wreit.
Sic Subscribitur, Perth, 1. P. D.
James Gordoun, wreiter, in Kirkcudbright, aged twentie seven years, unmarried, purged and sworne: depones, he sawe John Brown, heretor, in Newltun at Dumfries, Sanqubar. aud all alongst to Hamiltoune, and at Hamiltoune muiré, in armes with the rebells, on horseback. Depons he sawe Handrv M'Cullock, of Barholmf, at Sanqubar «ml Cumnock, in armes with the rebells.(cont).. . . .
Pages 941-942
Depons he sawe Halliday of Mayfield with the rebells, in armes betwixt Dumfries and Cumoock. Dépons be sawe George Gordon, soné to Gordon of Holme, at the water of Orr, Dumfries and all alongst with the rebels in armes t» Hamiltoune. Dépons he sawe Master Thomas Vernor at Hamiltoune muiré, rydeing with the rebells. Depons be sawe Alexander McNaught, younger, of Overtoune, in company with the rebells, in armes, betwixt Dumfries and Cumnock. Depons he sawe Mr. Samuel Arnot in company with the rebells at Cumnock, and heard him preach to them. Depons he sawe Griersone of Dalgonar rydeing lykewayes with the rebells in armes: and this is the truth as he shall answer to God. Sic Subscribitur, I. Gordoune.
Robert McAdam, sadler in Kirkcudbright, aged thretty years, married, purged and sworne : depons, be sawe James Welsh, of litle Cloudan, in company with the rebells at Dumfries and Sanquhar in armes. Depons he sawe John Brown of Newtoun on horseback in armes, in company with the rebells at Dumfries and Drumlanrick. Depons he sawe Halyday of Mayfield rydeing on horseback with the rebells at Dumfries and Sanquhar; and, at the same places, he sawe Mr. Thomas Vernour, and George Gordoun, soné to Holme, and Mr. Samuel Arnot, in company with the rebells, on horseback, in armes, and saw the man called Hay of Arriealland, at the same places with the rebells, in armes; and this is the truth as he shall answer to God.
Sic Subscribitur, Robert ?'?????.
John Corsan, taylor in Kirkcudbright, aged thretty two years, maried, purged and sworne ; depones, he sawe John Brown, heretor in Newtoune, march alongst with the rebells in Dumfries and Cumnock. Depons he sawe Henry M'Culloch, of Barholme, rydeing alongst with the rebells, in armes, particularly at the gate house of________. Depones he sawe Halyday of Mayfield in company with the rebells in armes at Sibbets Milnes. Dopons he sawe Mr. Thomas Vernour in company with the rebells, on horseback, and in armes, the day before the defate ; and sawe Mr. Samuel Arnot with them, on horseback, in armés, at the same place; and this is the truth as he shall answer to God.
Sic Suttcribitur, John Corsan.
Captain John McCulloch, of Grange, aged thretty four years, marryed, purged and sworne, deports, he saw Henry M' Culloch of Barholme, in armes with the rebels at Diimfries, anil betivixt, and Sanqiiliar. Depons, he sawe Alexander M'kie of Drumbowie in the toun of Wigtoune, when the rebells were there on horseback in the streets, and being commanded by James Gordoune of Craicbley to goe to Baldouun's Park, he refused; whereupon a motion was made to take his own horse from him, but at Craichley's desire they let him alone. Depons, ha did not s«e the pannall till two
days therefter, and then he save him two myles eastward from tbe milntonue of Orr, towards Dumfries with the rebells, to the number of three or four hundred, and there he saw the pannall M'kie leave them, and sawe his man's horse taken from him. Depons, he had a sword, which they offered to take from him, but did not. Depons, when M'kie was at Wigtoun, he did not see him draw up with the rebells. And this is the truth, as he shall answer to God.
Sic Subtcribitur, Jn. M' Culloch.
William M'kie, of Maitland, aged twenty- six years, married, purged and sworne; depons he sawe the pannall M'kie of Drumbowie in tbe towne of Wigtoune, the rebells were there, with a pistoll in his hand, which he said he had gott from a man to hold till he should lake a pype of tobacco, and that he was ?? horseback. And this is the truth, as b« shall answer to God.
Sic Subscribitur, Will. M'kie.
Alexander M'kie in, Glasnuik, aged fourry- three years, married, purged and sworne; depons, he heard Alexander M'kie of Drumbowie, diswade Braickley and Culvenan to goe out to the rebellion, and said it was a sinfull thing to rise in armes against the king; and this be heard him express at the Kirk of Kirkcowane, before they went out to the rebellion. Depons,, that Drumbowie lived orderly, and keeped the Kirk before and since the rebellion; and this is the truth as he shall answer to God. Depons he cannot wreit.
Sic Suliscribitur, Pertu, I. P. D.
Altexander Herrón at the Kirk of Kirkcowane, aged f'ourtie years, or thereby, purged and sworne; depons, conformis precedenie in omnibus, and cannot wreite.
Sic SubscribUur, Perth, I. P. D.
The pannall Alexander M'kie of Drumbowie. in presence of the Lords Justice General, and Commissioners of Justiciary, declares, That though through the want of witt, he might have bein in the rebells' company, he proteste before God he was never of their faction, and at that tyme particularlie he had no intention to rebel!, and however he throwes himself upon the king's mercy, and beg'd the Lords of Justiciary to recommend bun to his majestie’s privie council, that they might interpose with his majesty for favour to him. And that he is willing to take the Test, or any other Oath shall be imposed by authoritie, as a demonstration of his loyalty.
Sic Subscriber, Alex. M'KiE.
John M'Lessach, servant to the Laird of Isle, aged twenty-three, married, purged and sworne; depons, he sawe Fullertoune of Sennick several! tymes rydeing with tbe rebells in arrmes, in their mardi to Bothwellbridge. Depons, he knows not what armes they were. And this is the truth, as he shall answer to God. Sic Subicribitttr, John M'LsseocK.
Pages 943 & 944
William Gordon in Wigtoune, aged threttie-sex years, maryed, purged and sworne; depons, he sawe Hay of Ariealland in company with the rebells on horseback, with a sword at the standing stones of Torras, and sawe Alexander Hunter of Alquhassen at the same place, on horseback, in armes with the rebells, and lykewayes at Wigtoune with them; and sawe Andrew Martyne of Litle Airies at both the saids places in company with the rebells on horseback, in armes. And this is the truth as be shall answer to God.
Sic Subscribitur, Will. Gordon.
John Martrell of Milntoune, aged thretty- seven years, or therby, purged and sworne; depones, that George Gordon soné to Holme, with twentie or threttie horse of the rebells, did apprehend the deponent in the wood of Buttell, and that he did not know Gordon till lie told him his name, and declared he was so. Depons the saiid Gordon tooke the deponent's armes, and therefter Gordon and his army goeing to Buttill, the deponent made his escape: and this is the truth as he shall answer to God. Sic Subscribitur, J. Maxwell.
William Griersone, brother to Milnemark, aged twenty-sevin years, or thereby, unmarried, purged and sworne; depons, he sawe Halyday of Mayfield, in company with the rebells at Cumnock, on horseback, in armes, and at severall other places, and lykevaycs sawe Mr. Thomas Vernour in company with the rebells at Cumnock, and severall other places, and heard him preach to them. Depons, he sawe George Gordoune, soné tu Holme, at Cumnock, in armes with the rebells. And sawe Alexander M'Naught, younger, of Orertoune at Cumnock and Hamiltoun, in armes with the rebells; and sawe Thomas Crichton, of Hole of Balhassie iu company with the rebells at Straven. Depons, he sawe Hay of Ariealland, in armes with the rebells at Hamiltoune, on horseback; and that he sawe Fullertoune of Sennick, at Sunquhar with the rebells on horseback, with armes: and this is the truth as he shall answer to God.
Sic Subscribitur, William Griersone.
Walter Muir, miller at Litle Aires, aged, t¡c. nihil novit.
James Panling in Kissocktoune, aged fyftie or therby, purged and sworne, depons he sawe Fullertoune of Sennick in armes with the rebells on horsback at Hamiltoune, and several other places, and this is the truth as he shall answer to God.
Sic Subscriliiíur, Ja. Pauling.
Aleiander Murray, late servant to the earle of Nithsdaill, aged fourtie, marryed, purged and sworne, depons, he sawe James Welsh of Litle Clouden, ryding alongst the bridge of Dumfries ftith the rebells on horseback, but knoweit not if he had armes; depones he cannot write, and this is the truth as be shall answer to God.
John Irvine, merchand in Dumfries, aged fourtie or therby, maryed, purged and sworne, depones, he sawe James Welsh of Litle Clouden at Dumfries, and sevin or eight score of the rebells horse being feeding on the deponents grass, James Welsh was ther holding hi» horse with a sword about him, and this is the truth as he shall answer to God.
Sic. Subscribitur, John Irvine.
Aleiander Gordoun, in Wigtoune, aged thretly fyve or therby, married, purged and sworne, depons, he sawe Henry M'Culloch of Barholme, ryding with horse and arms with the rebells at Dumfries, and betwixt; and depones he sawe Tliumas Criechtoun of Hole of Balqubassiu, neir Airdmoss, with the rebells in their march to Botbwellbridge, and that there were three or four huudreth of the rebells with him; depons, he sawe ?a? of Arieallaud at Dumfries with the rebells, on horse with a sword, as he thinks, and march all alongth to Bothwell; depons, he sawe Alexander Hunter of Colquhassen, on horseback, with a sword, in company with the rebells at Dumfries, and all alougst in their march betwixt Dumfries and Hamiltoun; depons, he sawe Martyne of Litle Aries, severall times in company with the rebels in their march to Bothwellbridge, and that he had horse and armes; and that is the truth as he shall answer to God.
Sic Subscribitur, Alex. Gordo«.
The Lords orda'nes the assyse to incline and returue their verdict to-morrow, at twelre o'clock.
December 14, 1682.
The said day, the persons who past upon the assyse of the rebell heretors in Galloway, returned their verdict in presence of the said Lords, where of the tenor followes :
The assysers all in one voice, by the mouth of master Ellies their chancellar, finds Samual Griersone of Dalgonar, William Griersone of Locquhurr, James Welsh of Litle Clouden, John Brown heretor in Newtoun, ?????
M'Culloch of Barholme,____ Halyd«y of Mayfield, Mr. Thomas Vernour, George Gordon son to the laird of Holme, Alexander M'Naught younger of Overtoun, Anthony M'Kie of Cloncard, Mr. Samuel Arnot, Thomas Crightoune of Hole of Balhassie, —— Hay of Ariealland, Alexander Hunter of ?ulquhassen, Andrew Martyne of Lille Aries, Fullertoune of Scimick, Alexander M'Kje of Drumbowie, guilty of being in armes and joyning with the rebels in the rebellion, 1679.
Sic Subscribilur, Ja. Elues, Caucellir.
The assysers all in one voice, by the mouth of ther chancellar, above wreitten, finds the probation led for Alexander M'Kie of Drumboy, not to prove the defences proponed for him in his exculpation, in respect it is proven that he was at other places with the rebells and that the diswasive used by him to Craichley and. Kilvennan was at the kirk of 0ven, and not at the parioch of Croemichael, conforme to the Lords interloquitor.
Sic Subscribit ur J±. Ellies, Cbanccllar.
Pages945 & 946
December 18, 1682.
The said day, the Lords Justice General, and Commissioners of Justiciary, having considered the verdict of assyse returned against the deceast Samuel Grierson of Dalgouar, William Grierson of Lochquhurr, James Welsh of Litle Clouden, John Brown heretor in Newton, Henry M'Culloch of Barholme, ____Halyday of Mayfield, Mr. Thomas Vernor sometyme minister at Balmaclellan, George Gordon second sone to the laird of Holme, Alexander M'Naught younger of Overtouue, Anthony M'Kje younger of Cloncard, Mr. Samuel Arnot, late minister at Tongland, James Crichtoun of Hole of Balquhassie,____ Hay of Ariealland, Alexander Hunter of Culquhassen, Andrew Martine of Litle Aries, Alexander M'Kie of Drumbowie, and_____ Fullertoune of Sennick, whereby they are found guilty of the crymes of treason and rebellion mentioned in their dittay. The saids Lords therfor be the month of James Johnstoune, dempster of court, decerned and adjudged the saids Alexander M'Kie of Drumbowie, and Anthony M'Kie of Cloncard, to be taken to the mercat croce of Edinburgh, upon the first Wednesday of July nixt being the day thereof betwixt two and four o'clock in the afternoon, and there to he banged on a gibbet till they be dead. And also decerned and adjudged the haill remanent persons above named, and ilk ane of them (except Samuel Grierson of Dalgonar, who is dead) to be execute to the death, demained as traitors, and to underlye the paines of treason,and other punishment appoynted by the lawes of this realme, when they shall be apprehended, at such times, places, and in such manner, at the Lords justice generall, justice clerk, and commissioners of justiciary, shall appoynt, and ordaines their names, memories, and honors, and the name, memory, and honours of the deceist Samuel Griersone, and of the saids Anthony and Alexander M'Kies, to be extinct, and their armes to be riven forth and delete out of the books of arms, sua that their posteritie may never have place nor be able herefier to bruike or joyse any honors, offices, or dignities within this realme, in tyme coming, and to bare forfault amitted and tint all and sundrie their lands, heretages, tenements, annual rents, offices, titles, dignities, tacks, steadings, roumes, possessions, goods and geir, wbatsomever perteining to them, to our soveraigne lord's use, to remaine perpetuallie with his majesty in propertie. Which was pronunced for doom.