1677 Tolbooth Proceedings

TOLBOOTH, 27 October 1677, by Mr. John Campbell of Moy, Justice Deput of Argyll, by COMMAND OF ARCHIBALD 9TH EARL OF ARGYLL :

John McIlverie Dalavich had cow stolen by Donald McIllmichall - John dow Mcdonald v^ranald in **Glentendill** was involved !

John M^Ilverie in Dalavich persews Donald Mcllmichall vagabond without residence and Donald dow M^Gregour in Dalavich for a cow they stole from him upon 4 or 5 October last. Donald Mcllmichall examined confesses that he and John dow Mcdonald v^ranald in **Glentendill** ^ and Alhster oge m^donel v^gorie in Ardnaclach in Appyne coming from Kilmichall in Glastrie met with the said Donald dow McGregor at Dalavich and after cloud of night bought the said kow from him for 11 1 marks. The culprits had previously trysted at the Michaelmas Fair at Kilmichael and agreed to steal something ' worth ther paynes.'
Donald the vagabond also admitted other thefts of cattle & horses from the Laird of Lochnell, in the Lands of Lome ^ etc. which he had ' taskalled,' ^ others from Lismore and Appin. The names of other common thieves were given up.The above Justice Court was continued on the 15 November 1677, when Donald dow Mcllmichall and the above Donald dow M^Gregour again appeared. Donald (the Vagabond) was particularly pursued ' for that horrid cryme of corresponding with the devill and consulting him anent stollen goods and getting informatione for discoverie thereof being expressly contrare to the 73 Act, Queen Mary Pari.
. Interrogat if he mett with them in other places Answers that he mett them in Leismore and at the Shian of Barcaldine and still saw the old man that seemed to
' be cheif being ane large tall corporal Gardman and ruddie
' and that he wes engadgeit to conceall them and no to tell
' other. Bot that he told it to the forsaid Robert Buchanan
' once fer which he was reproved and stricken be them in

  • the cheik and other pairts, and that he mett them still

' on ilk Sabaths nights and that he playd on trumps ^ to
' them quhen they danced.
' 5°. Being interrogat as he consulted the devill and these
' evill spirits anent stollen goods answers that he went
' and enquyred anent stollen goods and that it wes told
' him especiallie of the stealling these twa horses from
' McAllister V^Lauchlane in Ballegowine in Leismore.
' And that at other tymes loist goods wes told him without

  • asking quhilk he wes discovering to the owners. Upon

' all quhilks haill foresaid confessione the Procurator
' Fiscall taks instruments.' (Signd) Nicoll Zuill. As a result of this confession the Jury unanimously
found him guilty of theft and of consulting with evill spirits sundry times (Mr. Archibald M^Corquidill in Auchna- maddie being Chancellor).
On 17 November 1677. Sentence was pronounced by the Justice Depute ' the said Donald Mcllmichall to be taken on Moonday 19 Nov. instant be 2 acloak in the efternoon and on the Ordinare gibbet at the gallow farlane ther to be hangit to the death, and to forefault his haill moveable goods and gear, Requyreing the Magistrats of Inveraray to sie this sentance put to executione.' The other culprit was tried subsequently, and also apparently hung at a later date.
' A typical fairy mound, on the south side of Loch Creran, near the ferry to Appin. Much fairy lore will be found in Superstitions of the Highlands and
Islands of Scotland, by the Rev. John Gregorson Campbell, minister of Tiree.
^ Generally means a Jew's-harp.
' Glentendil, a small glen in the Benderloch near Barcaldine House.
' ' Xascal money. The money formerly given in the Highlands to those who
should discover cattle that had been driven off, and make known the spoilers.' JAMIESON

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