Covenant by Members of the Clan,
From Stewart's Highlands and Highlanders , second series, pp. 216-218.
Dated May 28, 1628
WE, under subscribers, being sensible of the bad consequences and effects of discord, animosities, and jealousies, amongst relatives, and neighbours, against the law of God and man, have thought fit for prevention of that and the like evil,
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to give our oaths each of us to other, and hereby do swear that we shall behave to one another as brethren, maintaining, supporting, and defending one another's interests, and the one of us not encroaching upon the other in his means, fame, interest, or reputation, but to the contrary behaving to one another in brotherly love and unity, as God's Word and nature do require at our hands; and in further preservation of the unity and amity amongst ourselves, it is conditioned betwixt us that in case of any contravertible debates arising betwixt any two or more of us about marches, controvertible debts or any delict or wrong done by one of us to another, that the same and all such cases as may fall in controversie (excepting heritable rights whereon infeffment has followed), shall be submitted to the decision of two friends of each side, and an oversman in case of variance to be chosen by the Arbiters, and in case of variance betwixt the arbiters in the choosing of the oversman our chief Cluny to be oversman; and if the matter be so intricate that it cannot be decided by untried men, that it shall be referred to one or two lawyers, with power to them, in case of variance, to choose an oversman; and for the more security we consent to the registration hereof in the Books of Council and Session or others competent therein to remain for preservation, and if need be that all execution necessary may pass hereupon in form as effeirs, and to that effect constitute our pro'rs. In witness whereof these presents (written by John Macpherson of Strathmashie) are subscribed by us at Cluny, the Twenty-eighth day of May Sixteen hundred and Twenty-eight, Sic Subscribitur, La. Macpherson of Clune; Jo. Macpherson of Strathmashie; Paul Macpherson of Clime; And. Macpherson of Noide; Don. Macpherson of Cullenlin; Don. Macpherson of Pitcherine; Jo. Macpherson of Ovie; Jo. Macpherson, Benchar, yr.; Jo. Macpherson, Killihuntly; Mal. Macpherson of Phoiness; Mal. Macpherson of Ardbrylach; Jo. Macpherson of Crathie; James Macpherson of Invernahavon; Alex. Macpherson of Ordhumore; Murdo Macpherson of Eterish; Jo. Macpherson of Invernahavon; Jo. Macpherson, yr. of Clune; Tho. Macpherson in Pitoure; Evan Macpherson of Press; Angus Macpherson of Garvabeg; Chas. Macpherson of Coraldine; La. Macpherson of Lagan; Danl. Macpherson of Midcoul; Don. Macpherson of Midcoul; Jo. Macpherson, yr. of Eterish; Don. Macpherson in Strathmashie; Evan Macpherson in Balidbeg; Jo. Macpherson of Gaskmore; Jo. Macpherson, elder of Benchar; Angus Macpherson of Killihuntly; Mal. Macpherson, Gargask; Alex. Macpherson of Crager; Jo. Macpherson in Dullanich; Don. Macpherson in Phoness; Malcolm Macpherson in Nessintulech; Duncan Macpherson, broyr. to Phoiness; Jo. Macpherson in Nessintullich; Andrew Macpherson in Noidmore; Mal. Macpherson, son to Mal. in Nessintullich; Tho. Macpherson in Dalreach; Alex. Macpherson of Crubinebeg; Duncan Macpherson, Dumtallolach; Alex. Macpherson in Lagan; Murdo Macpherson of Shiramore; Jo. Macpherson of Crubine; Ro. Macpherson of Blarbulorey.1
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1 After the proof-sheets of this book were in type, I found, on further examination, "the just double" of the original "Covenant" in the Cluny charter-chest. The document as given by Stewart is a copy of the original with the spelling almost entirely modernised.
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