Act, 22 February 1698, Edinburgh

Decreet, 29 December 1698, Edinburgh

Att Edinburgh The Twenty second day of February Jaj vjc nynty Eight years

A1698/2/321

Act

Act Renewing McKintoshes Commission for raising fire and sword against Colonell McDonald and others

Anent the Petition given in to the Lords of his majesties privy Councill By Lauchlan McIntosh of that Ilk. Shewing That where ther Petitioner having obtained severall Commissions of fire and sword from the Government for the Tyme for recovering possession of his Lands of Keppock, Glenroe, Glenspean and his other Lands in the braes of Lochaber from the deceast Archbiald McDonald in Keppoch and from this Coll McDonald his son and that be force of arms, In respect of their most contumacious slighting of the ordinary remedies provided by Law as the Commission dated in September 1681 In the Reign of King Charles the 2nd obtained against this Coll McDonald his said umquhill father and such as should Become his accomplices in oppositione to the Execution of the said Commission and another act of privy Councill Renewing the said Commission against this Coll McDonald nominatim upon the death of his said father, dated the first of March 1688 with the printed Letters of Intercommuning in the reign of the Late King James against the said Coll McDonald per Expressum for his resisting the forsaid Commission anent the Repossessing of ther said petitioner and murthering of Captain McKenzie and some of the standing forces with diverse Gentlemen of their petitioners nearest Relations and followers by Surprisall heirwith produced doth testifie Likeas for the forsaids very Crymes He the said Coll McDonald was not only of new again declared fugitive by sentence of the Lords Commissioners of Justiciarie upon the 14th of June Last But Likeways Ane hundereth and Thirty persones more of his accomplices nomiantion and who accordingly upon the nynteenth of the said moneth of June were all denunced fugitives and out-laws wherupon Letters of Criminall Caption were Issued out against them upon he 7th of July Last as the forsaid Decreet of the Lords of Justiciarie with the registrat Letters of Dennunciatione and Execution therof and Letters of Caption more fully bears. And seing That by his Majesties most gracious Letter to their Lordships in Reference to their petitioners caice, His majestie is pleased To declare That it is below the Justice of his Government That any of his Loyall subjects should be disappointed of the benefite of his Laws. His Majestie Therfore requires their Lordships To fall on methods for reducing the saids rebells and reposessing ther petitioner in his said Lands and Estate And considering That no method can be more Effectual for the saids Ends Then the renewing of the said Commission It being their petitioners Lenity In not Executing the samen hitherto In hopes of the said Coll McDonald and his accomplices their being reclaimed according to the professions and promises made that obstructed the same till now. And seing the Granting of such a Commission in the terms that ther petitioner proposes in most suitable to the Laws and practique of this Realm In so farr as (1mo) It is observed by all that have written of our Laws That in caices of Removal from Lands wher Deits of Removal and denunciations thereon, proves ineffectual The Extraordinary Remedy of Ejectione and the repossessing the partie manu militari or by Commission of fire and Sword is practised according to the principles of common Law allowing the Executione of all Sentences by forcible Remedies where the ordinary Remedies prove ineffectuall as McKenzie observes in his Institutions page 390. (2do) A Commission of fire and Sword was formerly and most successfully granted to their petitioner against Sir Ewen Cameron of Lochzeal anno 1663 Be vertue whereof Ther petitioner Came to peaceable possession of that pairt of his estate illegaly posest be him, And the Like Commission was Granted to Dumbar of Grange anno 1667 against Robert Dumbar of Burgie, By vertue wherof the said Robert was Ejected and Grange putt in the peaceable possession of the house and Estate of Burgie besyde that It is well Knowen That the Earle of Argile was allowed the lyke Commission against McLean. (3tio) Ther petitioner Craves not his Commission to be Renewed against any indefinitely that were the accomplices of the said Coll McDonald and his father in tyme past But such of them as are nominatim and per Expressum denunced out-laws and fugitives and duely registrat and under Caption ut supra and against the said Coll and such persons as shall adventure to associat themselves to him in opposition to the Execution of the said Commission or shall offer to resist the repossessing of their petitioner in his saids Lands and Estate in the termes of the said first Commission, sua That their petitioner proposes nothing by which honnest and Innocent men may be prejudged It being in the power of the Leidges by not making opposition To Secure themselves (4to) The Governour and Garrison of Fortwilliam Being Keeped on foot Expresly for rendring the highlands more peacable and orderly in their obedience to the Lawes The petitioner humbly supposes That the said Governour with sua many of his Regiment as he or the Commanding officers at Fortwilliam for the tyme being shall think meet might be reasonably Joyned with their petitioner in the Commission, Speacialy Considering that ther petitioners Lands of Brae-Lochaber lyes within four or five miles of the Garrison of Fortwilliam. And Therfore Humbly craving To the Effect underwritten as the said petition Bears. The saids Lords of his majesties privy Councill having Considered the above petition given in to them by the above Laird of Mcintosh, They doe heirby Renew the petitioners Commission of fire and sword to the persones mentioned in the said Commission The saids persons Being either qualified already or qualifieing themselves in the Terms of the act of parliament by swearing the oath of alledgance and signing the assurance to his majestie appointed by act of Parliament And That before ane magistrat or Judge Competent Before the persons not yett qualified Enter upon the Exercise of of2 any any pairt of their office by vertue of the said Commission And Sicklike in the Terms of the Letters of Concurrance and Intercomuning mentioned in and produced with the said Petition, The saids Lords doe heirby Renew such Like Letters with a farder prohibition against the Leidges That none of them presume To take possession of the petitioners Lands in Brae-Lochaber or any pairt therof in vice and place of the present usurping possessors without the petitioners speciall warrand under the pain of being in the Like manner Ejected by force of fire and sword they first Being convicted thereof.

Att Edinburgh The Twenty second day of February Jaj vjc nynty Eight years

A1698/2/321

Act

Act Renewing McKintoshes Commission for raising fire and sword against Colonell McDonald and others

Anent the Petition given in to the Lords of his majesties privy Councill By Lauchlan McIntosh of that Ilk. Shewing That where ther Petitioner having obtained severall Commissions of fire and sword from the Government for the Tyme for recovering possession of his Lands of Keppock, Glenroe, Glenspean and his other Lands in the braes of Lochaber from the deceast Archbiald McDonald in Keppoch and from this Coll McDonald his son and that be force of arms, In respect of their most contumacious slighting of the ordinary remedies provided by Law as the Commission dated in September 1681 In the Reign of King Charles the 2nd obtained against this Coll McDonald his said umquhill father and such as should Become his accomplices in oppositione to the Execution of the said Commission and another act of privy Councill Renewing the said Commission against this Coll McDonald nominatim upon the death of his said father, dated the first of March 1688 with the printed Letters of Intercommuning in the reign of the Late King James against the said Coll McDonald per Expressum for his resisting the forsaid Commission anent the Repossessing of ther said petitioner and murthering of Captain McKenzie and some of the standing forces with diverse Gentlemen of their petitioners nearest Relations and followers by Surprisall heirwith produced doth testifie Likeas for the forsaids very Crymes He the said Coll McDonald was not only of new again declared fugitive by sentence of the Lords Commissioners of Justiciarie upon the 14th of June Last But Likeways Ane hundereth and Thirty persones more of his accomplices nomiantion and who accordingly upon the nynteenth of the said moneth of June were all denunced fugitives and out-laws wherupon Letters of Criminall Caption were Issued out against them upon he 7th of July Last as the forsaid Decreet of the Lords of Justiciarie with the registrat Letters of Dennunciatione and Execution therof and Letters of Caption more fully bears. And seing That by his Majesties most gracious Letter to their Lordships in Reference to their petitioners caice, His majestie is pleased To declare That it is below the Justice of his Government That any of his Loyall subjects should be disappointed of the benefite of his Laws. His Majestie Therfore requires their Lordships To fall on methods for reducing the saids rebells and reposessing ther petitioner in his said Lands and Estate And considering That no method can be more Effectual for the saids Ends Then the renewing of the said Commission It being their petitioners Lenity In not Executing the samen hitherto In hopes of the said Coll McDonald and his accomplices their being reclaimed according to the professions and promises made that obstructed the same till now. And seing the Granting of such a Commission in the terms that ther petitioner proposes in most suitable to the Laws and practique of this Realm In so farr as (1mo) It is observed by all that have written of our Laws That in caices of Removal from Lands wher Deits of Removal and denunciations thereon, proves ineffectual The Extraordinary Remedy of Ejectione and the repossessing the partie manu militari or by Commission of fire and Sword is practised according to the principles of common Law allowing the Executione of all Sentences by forcible Remedies where the ordinary Remedies prove ineffectuall as McKenzie observes in his Institutions page 390. (2do) A Commission of fire and Sword was formerly and most successfully granted to their petitioner against Sir Ewen Cameron of Lochzeal anno 1663 Be vertue whereof Ther petitioner Came to peaceable possession of that pairt of his estate illegaly posest be him, And the Like Commission was Granted to Dumbar of Grange anno 1667 against Robert Dumbar of Burgie, By vertue wherof the said Robert was Ejected and Grange putt in the peaceable possession of the house and Estate of Burgie besyde that It is well Knowen That the Earle of Argile was allowed the lyke Commission against McLean. (3tio) Ther petitioner Craves not his Commission to be Renewed against any indefinitely that were the accomplices of the said Coll McDonald and his father in tyme past But such of them as are nominatim and per Expressum denunced out-laws and fugitives and duely registrat and under Caption ut supra and against the said Coll and such persons as shall adventure to associat themselves to him in opposition to the Execution of the said Commission or shall offer to resist the repossessing of their petitioner in his saids Lands and Estate in the termes of the said first Commission, sua That their petitioner proposes nothing by which honnest and Innocent men may be prejudged It being in the power of the Leidges by not making opposition To Secure themselves (4to) The Governour and Garrison of Fortwilliam Being Keeped on foot Expresly for rendring the highlands more peacable and orderly in their obedience to the Lawes The petitioner humbly supposes That the said Governour with sua many of his Regiment as he or the Commanding officers at Fortwilliam for the tyme being shall think meet might be reasonably Joyned with their petitioner in the Commission, Speacialy Considering that ther petitioners Lands of Brae-Lochaber lyes within four or five miles of the Garrison of Fortwilliam. And Therfore Humbly craving To the Effect underwritten as the said petition Bears. The saids Lords of his majesties privy Councill having Considered the above petition given in to them by the above Laird of Mcintosh, They doe heirby Renew the petitioners Commission of fire and sword to the persones mentioned in the said Commission The saids persons Being either qualified already or qualifieing themselves in the Terms of the act of parliament by swearing the oath of alledgance and signing the assurance to his majestie appointed by act of Parliament And That before ane magistrat or Judge Competent Before the persons not yett qualified Enter upon the Exercise of of2 any any pairt of their office by vertue of the said Commission And Sicklike in the Terms of the Letters of Concurrance and Intercomuning mentioned in and produced with the said Petition, The saids Lords doe heirby Renew such Like Letters with a farder prohibition against the Leidges That none of them presume To take possession of the petitioners Lands in Brae-Lochaber or any pairt therof in vice and place of the present usurping possessors without the petitioners speciall warrand under the pain of being in the Like manner Ejected by force of fire and sword they first Being convicted thereof.

1. NRS, PC1/51, 368-70.

2. Sic.

1. NRS, PC1/51, 368-70.

2. Sic.