Bill of Forfeiture
Acta, January 1681-August 1682, fol. 283, in Register of the Privy Council of Scotland.
Charles, by the grace of God, King of Great Britain, France and Ireland, Defender of the Faith, to all and sundry our lieges and subjects whom it effeirs, greeting. Forasmuch as the persons underwritten are by decreet and sentence of the Lords Commissioners of Justiciary forfaulted in their lives, lands and goods for their treasonable rysing in arms in the late rebellion at Bothwell bridge, viz.:–
David Smith in Lanerk; Gideon Wier, gunsmith there; David Gibson there; John Wilson, writer there; Mr Thomas Pillans there; Thomas Lauchlan there; William Ferguson there; John Semple, mason there; Thomas Inglis there; Alexander Anderson there; John Pumphray there; John Jaik in Newplair; William Padzean, mason in Lanerk, Robert Lockhart of Birkhill; James Wier of Johnhill; John Steill in Over Watterhead; John Haddow in Dowglas; James White there; William Falconer in Hamilton; Arthur Tackitt there; Gavin Witherspoon of Hethrieknow; John Eastoun, portioner of Wuaryneen; Robert Gordon, maltman in Glasgow, James Cuninghame, merchant there, Isack Blackwell, sone to Thomas Blackwell there; William Riddell, fewar in Rutherglen; Robert Fleeming of Auchinfin; John Hamilton, fewar in Roggertoun; Thomas Craig, fewar in Jacktoun; John Miller, fewar of Lancalderwood; John Wilson of Highfleet; Robert Steven, fewar of Newland; John Steill of Windhill; John Cochran of Craigie; James Dykes, portioner of Halburn; John Carduf, fewar in Jackstoun; Thomas Patoun at Oldkirk of Camnethain; John Whitlaw of Bothwellscheill; John Paterson there; John White of Newk; Thomas Lin of Blairachin; John Weddall in Chisdall; John Clyd in Kilbryd, all in Lanerkshire; Gilbert McIlwrath of Dumchory; Thomas McJarrow of Barr; John McJarrow of Penjarrow; Hendry McJarrow of Athalbany; George McChir of Benman; Henry McIlwrath of Auchinflour; John Alexander of Dumochry; ___ McMikin, sone to ___ McMikin in Hilkertoun; Allan Buy, sone to ___ Buy of Drumley; James Wood in Air; ___ Binning of Dalvenan in Carrick, all in the shire of Air; Patrick McDowgall of Freuch; Mr William and Alexander Gordons of Earlestoun; Mr William Ferguson of Ketlochpatick; ___ Dumbar, younger of Machirmoir; John Bell of Whitside; John Gibson of Auchincheir; ___ Gibson, younger of Inglistoun; ___ Gordon of Dendeuch; ___ Grier of Dalgonar; ___ Smith of Kilroch; ___ McClellane of Balmagechan; ___ Gordon of Cragie; ___ Lenox of Irlantoun; ___ Gordon of Barharran; John Fowbertoun of Auchinchrie; David McCulloch, sone to Ardwell; William Whitehead of Mylnehouse; John Welsh of Cornbe; ___ Neilson of Corsack; Robert McClellan od Barscobe; Samuell McClellan, his brother; ___ Fullertoun of Nethermylne; George McKertney of Blaikit; ___ Gordon of Garrery; ___ Gordon of Knockgray; ___ Herron of Litlepark; ___ Gordon of Holme; ___ Gordon of Overbarr; Andrew Sword in Galloway; John McComb in Dalry in Gallow;
which persons (as wee are informed) doe notwithstanding live and reseid at or near their severall dwelling places, and by themselves or others, to their use and behove, doe uplift, possess and enjoy their lands, rents and goods, as if they were our free and peaceable subjects, in high and proud contempt of us, our authority and laws; wee, therefore, with advice of our Privy Councill, doe hereby give and grant full power, authority and commission to the sheriffs principall of the shires of Lanerk, Air, Dunfries, stewart of the stewartrie of Kirkcudbrigh, Sir Andrew Agnew of Lochnae, sheriff principall of Wigtoun, and their deputs, to pass, pursue, take, apprehend, imprison, and present to justice the foresaids rebells and traitours wherever they can be found in any pairt of their shire or jurisdiction; and, in any case of resistance or hostile opposition, to pursue them to the death by force of arms or dryve them furth of the bounds of their shires and jurisdictions, and, if need beis, to call to their assistance such number of our good subjects as they shall find necessary for their assistance, who are hereby ordained to concurr with, fortifie and assist out commissioners foresaids in this our service as they will be answerable to their outmost perill; and, if in persecution of the saids rebells and traitours, any of them shall be mutilat or slaine be any of our saids commissioners [or those] assisting them, wee declare that they shall never be pursued or called in question therefore, bot that the same shall be repute and esteemed good and acceptable service to us.
Given under our signet at Hallyrudhous, the eight day of October, 1681, and of our reign the 33 year. Subscribitur ut sederunt.
Of course, this wasn’t the first, nor would it be the last time any of your or my ancestors got kicked out of their homeland. It seems there was always a shortage of real estate, the imposition of heavy rents and taxes, and so, they took up arms.