SHERIFF COURT. TARBERT. 1683
Ian MacDonald and Ian Stewart
Part One
The following Minute of a Sheriff Court held
in Tarbert has been mede available to the Society through its vice-president
Lt. Col. Victor E. Clark Junior of Dallas, Texas. It has already been published
in Argyll Colony Plus by Mr. Diarmid A. Campbell who received it from the
Duke of Argyll through Alastair Campbell of Airds Yr. We are grateful to
all these gentlemen for consent to publication. We have added our own
introduction, comments and notes.
In 1683 the 9th Earl of Argyll was a fugitive in Holland following his forfeiture in 1681 for refusing to subscribe the Test Act and his famous and thrilling escape from imprisonment, under sentence of death, in Edinburgh Castle.
The third Marquis of Montrose was Lord Lieutenant of Argyll until on his death on 25th April 1684 he was succeeded by the Marquis of Athol.
The Sheriff of Argyll was, unsurprisingly, a Stewart, not, as was usual a Campbell! At the time there were two Robert Stewarts, members of the Faculty of Advocates: (1) Robert Stewart of Binnie to was called prior to 1672 and (2) Robert Stewart, to was the second son of Sir James Stewart of Bute. He was later created Baronet and raised to the Bench as Lord Tillicoultry. Since Bute Stewarts had quite a lot to do with the administration of Kintyre during the forfeiture it is probable that it was the second Robert Stewart who was Sheriff, although he had been called only in 1681.
Parish boundaries have changed since 1683. At that time the march between Kintyre and Knapdale was Allt-na-Sioanach (the fox burn) and ran roughly from Ronachan on the west to Crossaig on the east. The lands to the north were in the Parishes of Kilcalmonell and Kilberry and District of Knapdale.
In 1647 the Synod disjoined Saddell from Killean, and Saddell was made "a paroach by itself. And the limits of it on the North syde to be Barmollach and all Glencaradoll and Glentortesdoll which before belonged to the paroach of Killean."
"And the water of Ardincroisse to be the limits of the said paroach on the south syde, which includes Ugadell and Ardincroisse which before pertained to the paroach of Kilchuslan.... And Kilkenzie, south from Killarow to resort to the kirk of Lochhead (Campbeltown) being within four miles of the same, the rest of the paroach of Kilkenzie being thus dismembered, is united to Killeane"
It will be seen that in the list for the "Parochin of Saddell" that the place names from Peninver to the end were never in fact in Saddell Parish. Some were in Kilchousland or Kilmichael or the part of Kilkenzie all of which were later incorporated into the modern Parish of Campbeltown. Others were in the Parish of Killean and Kilkenzie.
The Court was held during the period of Episcopal ascendancy which came in at the Restoration of Charles II in 1660 and ended at the "Glorious Revolution". In 1662 Presbyterian ministers of the Church of Scotland were required to seek collation from bishops and those who refused were deposed. John Darroch, of a well known ecclesiastical family was admitted to the charge of Kilcalmonell and Kilberry in 1669 but was deprived in 1681 for his presbyterian beliefs. Apparently he went to Ireland and returned to Tarbert in 1687. After the Revolution he was translated to Craignish where he lived till his death in 1730. He was well connected. His first wife was the daughter of Sir John Campbell of Glenorchy and widow of Stonefield while his second was a cousin of Inverawe. His Campbell connections could not have endeared him to the rulers of Argyll at the time. His description as "a disorderly minister" implies only that the services he conducted were presbyterian end illegal. Fortunately for Mr. Darroch and his congregation they were not ridden down by the King's Dragoons like their brethren on the south-west mainland of Scotland during "the killing times".
The reference to the "penal statutes" rather baffled us as the term is usually applied to the Acts which prevented nonconformists, including presbyterians, holding public office and which so far as Roman Catholics were concerned lasted until 1829. As late as the 1850s only Anglicans were permitted to attend the two ancient English universities, which were the only places of higher learning in England.
But in the late Duncan McTavish's Inveraray Papers we see that at least locally the term is applied to the Statutes regulating the offences dealt with at this Tarbert Court. There we find reference to a paper of 1687 handed "The Pror. fiscal agst the contravenors of the Pennal statuts".
"To interrogat whether or not they have killed Row or Gray dear, muir foulls Black cocks Aith henns, Reseatte stole or eaten the same or knowes who is giltie therof".
That paper also deals with salmon poaching, cutting of growing timber, heather burning after the first of March and what waif gear (straying stock) they know of and also about theft or reset of theft.
The handwriting of the origInal document would no doubt be itself very difficult to decipher and the version dealt with here us apparently a transcript by Duke Niall who was a most distinguished historian but rather a microscopic writer. It is not surprising therefore that apparent mistakes have occurred in the double transcription. We have corrected the most obvious e.g. kibnish for Skipnish (Skipness). In many cases the place names have an unfamiliar spelling but are quite recognisable. In certain cases we have added modern versions.
Finally we have appended notes of explanation, particularly relating to places which no longer exist and to personal names which have been changed with the years.
The personal names may be compared with the name lists of 1685 and 1692 contained in Duncan McTavish's The Commons of Argyll and with the Hearth Tax Lists of 1694 recently presented to the Society's Library by the Editor.
Black fish are recently spawned salmon (kelts) while red fish are those which have not yet spawned. Row dear are Roes tile Gray deer are presumably red deer! "Aith henns" are heath hens, presumably grey hens the female of the blackcock. Muirfowls are grouse.
4 September 1683
At Tarbert (Loch Fyne)
Court of the Sheriffdome of Argyll holden at Tarbert on the fourth day of Septr 1683 by Mr. Robert Stewart Advocat Sheriff Deput there of ye dispositione.
Court lawfullie fenced the whilk day Sheriff Depot created and admitted Angus Mcintaylor in Skipsish, Duncan Cuaig (1) in and Hew McNeil in Ardmanish officers of the Sheriffdom and Malcom McOshenog in Gartavaich also officer who gave their oaths de fideli administratione (to carry out their duties faithfully).
The said day compeired James Fleeming in Shenegart (2) who being accused be John Clark procurator fiscal for beating and bluiding of Christian McKechan in Shenegart upon ane Sabeth day about since and the matter being referred to his oath and he being solemlie sworn thereanent deponed negative and therefore assolizies, being also interrogat anent killing of red and black fish deit (?) Rae blackcock wildfoull hares and cutting & peellings of green wood depones negative.
The said day Dougald Mcilgoune in Barmulich· (3) John McMurriche there John McAlester there being all solemly sworn deponed as follows to wit the said Dougald McIlgoune depones that he cutted wood without libertie not knowing who was his master and deponed negative as to the other penal statutes. The said John McMurrachie(4) depones ut supra (as above) John McAlester depones at supra. The Sheriff Deput unlaws each of the said persons in £5 Scots money for cutting of green wood.
The said day Alexander McMillan in Gewstall (5) being solemily sworn deposns negative.
The said day Angus Clerk in Udalleichter (6) and John McAy (7) there being sworn depones negative.
The said day John NcNeil in Drumlee depones negative.
The said day Donald McNeil in Balloch (8) depones negative.
The said day Duncan Mcavish in Marigmonagach (9) depones negative.
The said day Murdoch McMurrachie in Achlesken (10) depones negative.
The said day Coyll Mcalister in Clachan (11) unlawed conforme to the Act of Parliament for hearing of Mr. John Darroch ane unlicensed minister.
The said day Andrew McFarlan in Craiginandalich (12) acknowledges the killing of blackcocks and muirfoull.
The said day Alexander McMillan in Baregerragan (13) depones negative.
The said day Donald Fraiser in Ormsay (14) depones negative.
Alexander Campbell there confesses the killing of one blackcock.
Donald McNeill of Crier (15) acknowledges the killing of blackcock.
Dugald Campbell of Culigaltro depones negative.
Hugh Mcneill in Ardminish (16) depones that he kills fish and cuts wood.
Archibald Mcbrean (17) in Ardbrecknish depones negative.
Donald Jonstoun in Glenefeich (18) depones negative.
Malcolm Mcilcher in Aldbe and Duncan McRorie in Lagan, Niall Jamesoune in Areower (19) depone as follow to wit the said Malcolm McIlcher in Altbe depones that he heard Mr. John Darroch minister about a year since preach without ane Lease upon the floor. (?) The said Duncan McRorle depones negative Niall Jamesoune depones negative.
Angus McIlcher in Alter halevish Alexander Campbell in Cultandrie depones negative.
Donald Mcurich in Colfein (20) depones he cuted wood without lease.
Hew McMillan in Glenskebell (21) depones negative.
Alan Mccnavin in Gartevaie (22) depones negative.
Duncan McMillanin Glenveister (22) acknowledges the hearing of Mr. John Darah disorderly minister once in Duncan McMillans house in Strone, and the killing of blackcock.
And sickly (similarly) the said Duncan acknowledges that he had the said minister one night in his house and negative to the rest.
Ronald Campbell in Ronachan and Duncan Mckinevan in Dunoltach, Niall Thomson in Cregan depone as follows to wit Niall Thomason depones that he heard Mr. John Daroch preach in the forsaid house at the tym forsaid and that he cutted oak timber. Duncan McKinevan depones that he heard Mr. Daroch a year and ane half since and the killings of ane roe. Robert Campbell depones negative.
Donald Mcavish in Oragaig being sworn depones the hearing of Mr. Darach twice in the forsaid House at the time forsaid. Negative as to the rest.
William (?) McKinevan in Gartnagrenach, Malcolm Fisher in Aremore (25) depones negative.
Andrew McFarlane in Lagnascavach (26) depones negative.
John McFarlan in Muchkeris (27), Archibald Campbell in Kilbroig (28), Donald McCaig in Auchingarran (29) and John Mcilchair in Duppin (30) depones as follows to wit. Archibald Campbell that he heard Mr Darroch preach in the Tarbert kill (church) in March last. John McFarlan depones that he heard Mr Darroch preach in the clachan about Zuill (Christmas) last in John Dow Mcalesters house. John Mcilchier depones that he heard him preach in the Clachan a year since or thereby, negative as to the rest. Donald McCaig depones that he heard him preach in the said Kill at the tyme forsaid.
Niall Thomson in Achechoish and Dougald Campbell in Rollert (31) depone
as follows to wit Dougald Campbell heard the said minister preach twice once
in Tarbert another in Clachan acknowledges lykwayes the killing of blackcocks,
Niall Thomson heard him once.
5th September 1683. Court continued as above
William Buchanan (32) in Tarbert being solemnly sworne depones that he hear
Mr John Darroch ane disorderly minister preach in ane Kill of Tarbert thre
several tymes acknowledges also he cuttit Blythswoods woods but alleged he
had liberty from his master the laird of Tarbert.
Donald Mclerich in Aird and Dougall Campbell in Duppin '' being solemnly
sworne deponed negative.
Duncan brown in Auchinsale (34) and Ewin McEwin in the Craig being solely
sworne deponed as followes to wit the said Duncan broune deponed negative
and the said Ewing depones that he killed black fish.
Donald McMillan in Ronedaill sworne depones he killed several black fish
and deponed negative as to the haill other penall statues.
Archibald McMillan in Kilmichell sworne depones he killed red fish.
Angus McMillan sworne deponed ut supra.
John McDowgall in Braikley sworne deponed he killed reid and black fish.
Ewir McMillan sworne deponed negative.
John McDowgall in Breikley sworne deponed negative.
Niall McArthour and Duncan Mcallum in Auchincreoch sworne deponed the killing
of red and black fish.
Duncan McMillan in Craigmoire sworne deponed negative.
Ferquhard Fledger in Braikley in Glencaradell sworne deponed negative.
Gilbert tifillen in Aird acknowledges killing fish with nets.
John McMillen there sworne deponed negative.
Duncan Mcilchattan in Duppin sworne deponed negative.
Angus broune in Auchinsale (34) sworne deponed negative.
William Stewart in Aird sworne deponed negative.
Duncan McMillan sworne deponed he killed reid fish.
Robert Buchanan in Auchensale sworne deponed he killed black and reid fish.
Niall Mcallum in Auchinbreck (35) sworne deponed he killed reid fish.
Donald Moreson in Tarbert sworne deponed he heard Mr John Darroch twyse
and the cutting of Blyths woods several tymes.
Patrick McFarlan in Tarbert (36) sworne deponed he cuttit wood.
Archibald McAlester and John McMichall in glenakill (37)' sworne deponed
negative.
Ane roll of the persons names who are summoned by Angus Mcintayler in Skibnish
and Duncan McCuaig in Orgaig to compeir before the Sheriff Depute of Argyll
at the Tarbert of Lochfyn upon the fourth day of September 1683 to answer
at the instance of the Procurator Fiscall anent the penall statues as
follows.
Paroche of Killberrie
Gorie Mcalester of Loup (excused)
Angus Campbell of Kiliberrie (excused)
Angus McAlester in Drumilech
Archibald McMillan there (sick)
Duncan Mcallum there
Iver McMillen in Scotomell
Archibald Mcuilcan in Larachmore
Gilbert McFarlane in Lemnemuich
Donald McAllum in Loup
Donald Mcuilken there
Gelbert Mcarmig in Dunskeg
Archibald Smith there
CoIl Mcalester in Clachan present
lain McFarlan there
Duncan McAlester there
Niall Mceachern there
Donald Mcallum in Ardfedrick
Angus Mcuilkan in Cuildreinach
Duncan Mcuilkan there
Iain Mcfarlane in Barenellan
Andrew McFarlanein Creginandagich (Craigandarbh)
Dugald Mcilcheir in Cuileshamrog (Cuilneshemrog)
Duncan McFarlan in Barrevale (Barvalla)
Collin Campbell in Barelongart present negative
Malcolm Mceachin in Achadamolan excused
Donald Thomsone in Ormesay (Ormsary)
Alexander Campbell there
Iain Mcavish in Shenegart
Niall Mcbreun in Drumdreisaig
Donald Mcilmun in Killmaluag excused (S. Knapdale)
Duncan Mcoll in Drumnamucklach excused (S. Knapdale)
Donald McNeill of Creir present
Duncan Campbell of Culegaltrie present (Cuilghailtro)
Alexander Mcavis in Killberrie
Dugald McAvis in Keiretikan (Tiretigan)
Donald Campbell Lergnahussione (Kilberry)
Mr Suin McSuin minister in Carse (erased)
Hew McNeill in Ardminish present
Alexander McMillan of Dunsmore present
Archibald Mcbrean in Aglackach (Achaglachgach)
Part Two in April
No26 Autumn 1989
Page 2: Mink - A Disaster
Page 3: Maceacherns Cross, Kilkerran Cemetery, Campbeltown
Page 5: A Song for St. Clair on His Departure
Page 6: Rathlin // The Tory Hunters
Page 7: A Wedding at Kilchousland
Page 8: By Hill and Shore - from Mr. Angus Martin
Page 9: Daniel Kelly // Aedanus Scotorum Rex // The Auchenhoan Axe Hoard