Act, 14 August 1702, Edinburgh

Procedure, 24 December 1702, Edinburgh

Att Edinburgh The Fourteinth day of August Jaj viic and two years. Called Extraordinary

A1702/8/161

Act

Act In favors of the Lady Lovatts

Anent the petition given in to the Lords of her Majesties privy Councill be Aemelia Lady Dowager of Lovatts and Emelia Lady Lovat Shewing The horrid Crymes Committed by Captain Fraser and his accomplices upon the petitioners persones honours and estates are so well known to the Saids Lords that it was needles to repeat them; His late Majestie did remitt the Convocationes and perdulian for which he and his accomplices Stood forfaulted; It being boldly asserted in the Captains behalf that he was able to defend himself against the rapt by due course of Law; Notwithstanding wherof after her Majesties advocat hade sett him a day of tryall for the rapt and hade given him previously out Letters of exculpation; yet being Conscious of his horid guilt and that the probatione was bot tuo, tuo, clear against him he fled the toune the very morning of the tryall And was declared fugative and went up to London; In hopes that those who procured the first Remission would have procured a Second which his late Majestie out of his great piety Declared he would never Remitt or indemnifie; Wherupon he repaired to the North of Scotland and Skulked up and doun at first in the Countries of Aird and Stratherrick which belongs to the petitioners and endeavoured by four means to obtaine from the petitioners vassells and tennents a Contrabution which many of them out of fear of his ill; and Some out of kyndnes to him granted, and being farder Imboldned by his their Compliance he did Stent upon each roome in both Countries Such a Soume of money as he pleased and did Levy the Same by Military execution upon Such as wes refractory and in the mean time threatned the petitioners factors and doers with present death if they offered to raise any of the petitioners farmes from their tennents; Wherupon the petitioners were in February Last Necessitate to mean them selves to the saids Lords for letters of intercommuning against him which were granted and published and therafter he withdrew out of the Countrey with a Conisderable Soume of money which he Levied theron in maner forsaid; Leaving his brother on the head of Thretty or Fourty Robers and outlawes who went Continually up and doune the Countrey exacting free quarter takeing up the petitioners customes breaking their Girnells and takeing out therof what meall they pleased; Threatening beatting and invadeing the petitioners factors and Chamberlands; all which they did with a high hand without any controll from any of her Majesties forces Lying therabout and the factors haveing applyed to the Commissioners of Justiciary that they might have a Competent number of the forces Lying in that Countrey to protect them against those Lawless theifes and Robers all the assistance they sent was only Ten men of Captain Grants Company who were ordered to Lye in the Aird for Security of the peace; John Fraser the Captains brother to be avenged on the petitioners factors for the application to the Commissioners of Justiciary Did Convocat in the Countrey of Stratherrick Fiftie brocken men and with those came to the Countrey of the Aird upon the Fifth instant and raised as he went through that Countrey two or thrie hundred men and women and with them assaulted the house of Tanellan wher Captain John Mckenzie ane of the petitioners Baillies Lived and wher the ten men of Captain Grants Company resided and desired them to Surrender themselves prisoners to them, And Because they refused So to doe they sett fire to the Said house and brunt the Same to ashes and whole office houses therabout; which forced Captain Mckenzie and the Souldiers with him and Mr Heugh Fraser of Eskadale another of the petitioners baillies and George Mckenzie a Servant of Prestonhalls to render themselves who were all detained and made prisoners with Livetenent Cameron who Commanded the party and after some Litle tyme they dismissed Captain Grants ten men but Caried the Livetennent; The two Baillies and George Mckenzie as it were in Triumph throw the Countrey to the end of Lochnes and haveing Dissmissed the nixt morning the Livetenent; They caried with them the other thrie prisoners (abuseing them in a most barbarous maner) to the Countrey of Stratherrick and whither they be dead or alyve the petitioners know not; all which to of truth The Shirriff deputes Letter wryten to her Majesties advocat at the desire of the Commissioners of Justiciary And the Livetenents information to them doe Sufficiently verifie; which was Such ane imparaleeled peace of Insolence as hade not been heard of in2 the Countrey for ane age and if a remeedy were not provyded be the Saids Lords It was hard to know how farr these might goe and of what dangerous Consequence it might be to the peace of that Countrey; And Therfore Humbly Craveing the Saids Lords would be pleased to appoint Such a Competent number of Forces as in the Saids Lords wisdomes think fitt to protect the petitioners her Majesties dutifull and peaceable Subjects in the petitioners rights and properties and to pursue these troops of rebells and oppressours untill they be brought to condigne punishment; and Likewayes to Command and the Shirriffs of the Shyre of Pearth; Invernes Ross, Nairne and Cromartie to raise the passe Comitatus for pursueing and apprehending the said rebells when within their respective Shyres in order to apprehend and being them to punishment As the petition bears. The Lords of her Majesties privy Councill haveing heard and Considered the above petition presented to them by Emelia Lady Dowager of Lovat and Emilea Lady Lovat her daughter with A missive Letter from the Shirif depute of Invernes in name and by order of the Commissioners of Justiciary for the northerne district for the highlands relative to the matter represented in the said petition The Saids Lords of her Majesties privy Councill Requyre and give orders to Captain William Grant presently to march with the whole Company of foot under his Command from the Severall posts wher they lye and are quartured To the Countreyes and bounds of Stratherrick and Aird; and their quarter and take up posts for two third parts of his Said Company and officers therof in the most fitt and Convenient places within the Said Countrey and bounds of Stratherrick and for the other third part of the Company Suitably Commanded within the Said bounds of the Countrey of Aird; and Requyre and appoints Brigadeer Generall Maitland Commander of Fort William to give orders to the Commanding officer of the detatched Garisones at Invergarry and Island Donald each of them to Send ten men duely Commanded to reinforce the said Captain Grant by the one ten at the Countrey of Stratherrick; and other ten at the Said Countrey and bounds of Aird; and that the Said Captain Grant and his Said Company with the Saids two detatchments from the saids Garisones continue and remaine within the Saids Countries of Stratherrick and Aird untill the Councills furder order theranent or that they be orderly releived by other forces sent from the Commander in Cheif for that effect and dureing their aboad in the Said Countreyes of Stratherrick and Aird The Saids Lords Requyres and Commands the Said Captain William Grant with the officers of his Said Company and the officers of the saids two detatchments under his Command to use exact dilligence for keeping the peace of the Said Countrey and to give ready and effectuall assistance to the execution of Law against all who Shall anywayes disturb the Same; and to Seize upon and Committ to Custody the persones of any who shall presume to disturb the Same and doe their outmost dilligence to Seize take and apprehend Such persones of the name of Fraser or their accomplices as have been or Shall be declared fugative and outlaw by the Lords Justice Generall and Commissioner of Justiciary for the Highlands from time to time or any who have been accessory to the burning of the house of Tanellan and delyver them prisoners to the Shirrif of the nixt adjacent Shyre, or the Magistrates of the nixt burgh Royall ther to be detained till they be brought to due tryall and Condigne punishment; And Sicklyke the Saids Lords of her Majesties privy Councill Requyre and Command the Shirriffs of the respective Shyres of Invernes Ross, Cromaty and Nairne, and their deputes if need bees to raise and Conveen the posse Commitatus of the saids respective Shyres; and with them in assistance and Conjunction with Mr Rory McKenzie of Prestonhall or the baillies and Chamberlands of the saids Ladies of Lovatt To Search for pursue take and apprehend within their respective Jurisdictiones the persones of any of the said name of Fraser or their accomplices who are already declared fugative, Or who have been accessory to or conneived in the burning of the said house of Fanellan and to call for the assistance of the said Captain William Grant; and the Company of Souldiers under his Command and the saids two detatchments or Such Numbers therof as they Shall think necessary for that effect from time to time who are hereby Requyred to fortifie and assist them for the ends forsaids and when any of the saids persones fugatives or Concerned in the Crymes forsaid Shall flee furth of their respective Shyres That they give notice to the Shirriffs of the nixt Shyre or Baillie of the nixt adjacent Regality to follow and pursue them untill they be apprehended and brought to Condigne punishment according to the Lawes and acts of parliament; And the saids Lords Ordaine Captain […] Campbell of Phinab so to order and dispose of the Company under his Command That he may Secure and See to the Custody of the Highlands from the posts wher the said Company was formerly disposed as farr north as the river of Spey.

Att Edinburgh The Fourteinth day of August Jaj viic and two years. Called Extraordinary

A1702/8/161

Act

Act In favors of the Lady Lovatts

Anent the petition given in to the Lords of her Majesties privy Councill be Aemelia Lady Dowager of Lovatts and Emelia Lady Lovat Shewing The horrid Crymes Committed by Captain Fraser and his accomplices upon the petitioners persones honours and estates are so well known to the Saids Lords that it was needles to repeat them; His late Majestie did remitt the Convocationes and perdulian for which he and his accomplices Stood forfaulted; It being boldly asserted in the Captains behalf that he was able to defend himself against the rapt by due course of Law; Notwithstanding wherof after her Majesties advocat hade sett him a day of tryall for the rapt and hade given him previously out Letters of exculpation; yet being Conscious of his horid guilt and that the probatione was bot tuo, tuo, clear against him he fled the toune the very morning of the tryall And was declared fugative and went up to London; In hopes that those who procured the first Remission would have procured a Second which his late Majestie out of his great piety Declared he would never Remitt or indemnifie; Wherupon he repaired to the North of Scotland and Skulked up and doun at first in the Countries of Aird and Stratherrick which belongs to the petitioners and endeavoured by four means to obtaine from the petitioners vassells and tennents a Contrabution which many of them out of fear of his ill; and Some out of kyndnes to him granted, and being farder Imboldned by his their Compliance he did Stent upon each roome in both Countries Such a Soume of money as he pleased and did Levy the Same by Military execution upon Such as wes refractory and in the mean time threatned the petitioners factors and doers with present death if they offered to raise any of the petitioners farmes from their tennents; Wherupon the petitioners were in February Last Necessitate to mean them selves to the saids Lords for letters of intercommuning against him which were granted and published and therafter he withdrew out of the Countrey with a Conisderable Soume of money which he Levied theron in maner forsaid; Leaving his brother on the head of Thretty or Fourty Robers and outlawes who went Continually up and doune the Countrey exacting free quarter takeing up the petitioners customes breaking their Girnells and takeing out therof what meall they pleased; Threatening beatting and invadeing the petitioners factors and Chamberlands; all which they did with a high hand without any controll from any of her Majesties forces Lying therabout and the factors haveing applyed to the Commissioners of Justiciary that they might have a Competent number of the forces Lying in that Countrey to protect them against those Lawless theifes and Robers all the assistance they sent was only Ten men of Captain Grants Company who were ordered to Lye in the Aird for Security of the peace; John Fraser the Captains brother to be avenged on the petitioners factors for the application to the Commissioners of Justiciary Did Convocat in the Countrey of Stratherrick Fiftie brocken men and with those came to the Countrey of the Aird upon the Fifth instant and raised as he went through that Countrey two or thrie hundred men and women and with them assaulted the house of Tanellan wher Captain John Mckenzie ane of the petitioners Baillies Lived and wher the ten men of Captain Grants Company resided and desired them to Surrender themselves prisoners to them, And Because they refused So to doe they sett fire to the Said house and brunt the Same to ashes and whole office houses therabout; which forced Captain Mckenzie and the Souldiers with him and Mr Heugh Fraser of Eskadale another of the petitioners baillies and George Mckenzie a Servant of Prestonhalls to render themselves who were all detained and made prisoners with Livetenent Cameron who Commanded the party and after some Litle tyme they dismissed Captain Grants ten men but Caried the Livetennent; The two Baillies and George Mckenzie as it were in Triumph throw the Countrey to the end of Lochnes and haveing Dissmissed the nixt morning the Livetenent; They caried with them the other thrie prisoners (abuseing them in a most barbarous maner) to the Countrey of Stratherrick and whither they be dead or alyve the petitioners know not; all which to of truth The Shirriff deputes Letter wryten to her Majesties advocat at the desire of the Commissioners of Justiciary And the Livetenents information to them doe Sufficiently verifie; which was Such ane imparaleeled peace of Insolence as hade not been heard of in2 the Countrey for ane age and if a remeedy were not provyded be the Saids Lords It was hard to know how farr these might goe and of what dangerous Consequence it might be to the peace of that Countrey; And Therfore Humbly Craveing the Saids Lords would be pleased to appoint Such a Competent number of Forces as in the Saids Lords wisdomes think fitt to protect the petitioners her Majesties dutifull and peaceable Subjects in the petitioners rights and properties and to pursue these troops of rebells and oppressours untill they be brought to condigne punishment; and Likewayes to Command and the Shirriffs of the Shyre of Pearth; Invernes Ross, Nairne and Cromartie to raise the passe Comitatus for pursueing and apprehending the said rebells when within their respective Shyres in order to apprehend and being them to punishment As the petition bears. The Lords of her Majesties privy Councill haveing heard and Considered the above petition presented to them by Emelia Lady Dowager of Lovat and Emilea Lady Lovat her daughter with A missive Letter from the Shirif depute of Invernes in name and by order of the Commissioners of Justiciary for the northerne district for the highlands relative to the matter represented in the said petition The Saids Lords of her Majesties privy Councill Requyre and give orders to Captain William Grant presently to march with the whole Company of foot under his Command from the Severall posts wher they lye and are quartured To the Countreyes and bounds of Stratherrick and Aird; and their quarter and take up posts for two third parts of his Said Company and officers therof in the most fitt and Convenient places within the Said Countrey and bounds of Stratherrick and for the other third part of the Company Suitably Commanded within the Said bounds of the Countrey of Aird; and Requyre and appoints Brigadeer Generall Maitland Commander of Fort William to give orders to the Commanding officer of the detatched Garisones at Invergarry and Island Donald each of them to Send ten men duely Commanded to reinforce the said Captain Grant by the one ten at the Countrey of Stratherrick; and other ten at the Said Countrey and bounds of Aird; and that the Said Captain Grant and his Said Company with the Saids two detatchments from the saids Garisones continue and remaine within the Saids Countries of Stratherrick and Aird untill the Councills furder order theranent or that they be orderly releived by other forces sent from the Commander in Cheif for that effect and dureing their aboad in the Said Countreyes of Stratherrick and Aird The Saids Lords Requyres and Commands the Said Captain William Grant with the officers of his Said Company and the officers of the saids two detatchments under his Command to use exact dilligence for keeping the peace of the Said Countrey and to give ready and effectuall assistance to the execution of Law against all who Shall anywayes disturb the Same; and to Seize upon and Committ to Custody the persones of any who shall presume to disturb the Same and doe their outmost dilligence to Seize take and apprehend Such persones of the name of Fraser or their accomplices as have been or Shall be declared fugative and outlaw by the Lords Justice Generall and Commissioner of Justiciary for the Highlands from time to time or any who have been accessory to the burning of the house of Tanellan and delyver them prisoners to the Shirrif of the nixt adjacent Shyre, or the Magistrates of the nixt burgh Royall ther to be detained till they be brought to due tryall and Condigne punishment; And Sicklyke the Saids Lords of her Majesties privy Councill Requyre and Command the Shirriffs of the respective Shyres of Invernes Ross, Cromaty and Nairne, and their deputes if need bees to raise and Conveen the posse Commitatus of the saids respective Shyres; and with them in assistance and Conjunction with Mr Rory McKenzie of Prestonhall or the baillies and Chamberlands of the saids Ladies of Lovatt To Search for pursue take and apprehend within their respective Jurisdictiones the persones of any of the said name of Fraser or their accomplices who are already declared fugative, Or who have been accessory to or conneived in the burning of the said house of Fanellan and to call for the assistance of the said Captain William Grant; and the Company of Souldiers under his Command and the saids two detatchments or Such Numbers therof as they Shall think necessary for that effect from time to time who are hereby Requyred to fortifie and assist them for the ends forsaids and when any of the saids persones fugatives or Concerned in the Crymes forsaid Shall flee furth of their respective Shyres That they give notice to the Shirriffs of the nixt Shyre or Baillie of the nixt adjacent Regality to follow and pursue them untill they be apprehended and brought to Condigne punishment according to the Lawes and acts of parliament; And the saids Lords Ordaine Captain […] Campbell of Phinab so to order and dispose of the Company under his Command That he may Secure and See to the Custody of the Highlands from the posts wher the said Company was formerly disposed as farr north as the river of Spey.

1. NRS, PC1/52, 440-4.

2. Insertion.

1. NRS, PC1/52, 440-4.

2. Insertion.