Act, 28 December 1703, Edinburgh

Act, 28 December 1703, Edinburgh

Att Edinburgh the Twenty eight day of December 1703

A1703/12/242

Act

Act The Lady Lovat and her husband

Anent the Petition given in to the Lords of her Majesties privy Councill By Emilia Lady Fraser of Lovet and Mr Alexander Mckenzie younger of Prestonhall her husband for his intrest Shewing That wheras John Fraser Lawfull sone to the deceast Thomas Fraser of Beaufort Tavis Down Mctavis, Brother to John Mctavis of Athengarth, William Fraser of Kininmovie Donald McWilliam Earlaw in Stratherick, Donald Dow Glesick ther, Alexander Dow Fraser in Mussedie in Stratherick and Thomas Fraser sone to Widow Fraser in Bewly and Servitor to the said John Fraser were by vertue of Letters of Denunciation before the Lords Commissioners of Justiciary upon the first day of March last by past Denunced and declared rebells out Lawes and fugatives from the Lawes; For their wilfull Fyre raiseing and burning of the house of Fenniellan belonging to Alexander Fraser of Kinaltry as at more Length is contained in the saids Letters of denunication; which are registrat in the books of adjournall Conforme to the act of parliament and therwith given in; Notwithstanding wherof the forenamed persones Still Continue in their Barbarrous and wicked practises, asscociating themselves togither and oppressing the petitioners tennents in the Countries of the Aird and Stratherick in Manifast Contempt of Justice and the Government And Therfore Humbly Craveing the saids Lords would be pleased to ordaine the said John Fraser, Tavis doun Mctavis, William Fraser of Kininnovy Donald McWilliam Earlaw, Donald Dew Glasick, Alexander Dow Fraser and Thomas Fraser Fugatives and rebells to be intercomuned and that Letters may be direct for that effect as the said petition bears. The Lords of her Majesties privy Councill Haveing Considered the above petition given in to them by Emilia Lady Fraser of Lovit and Mr Alexander Mckenzie younger of Prestonhall her husband for his intrest; Togither with Letters of denunciatione at the instance of the petitioners and Alexander Fraser of Kinanries and others, against John Fraser Lawfull sone to the deceast Thomas Fraser of Beaufort and others And the same being read in their presence; The saids Lords doe hereby Allow Letters of intercomuneing to be direct at the petitioners instance against John Frasers Lawfull sones to the deceast Thomas Fraser of Beaufort Tauis Doun Mctavis brother to John Mctavis of Litlegarth William Fraser of Kininmovie, Donald McWilliam Earlaw in Stratherrick, Donald Dow Glessick ther Alexander Dow Fraser Servitor to the said John Fraser in due forme, As also gives order and warrant to her majesties forces as they shall be requyred to give concurrence for apprehending the saids rebells and restraineing and preventing the progress of any violence or Lawles procedures that shall be done by them.
Followes the Letters of Intercomuneing
Letter of intercomuning. The Lady Lovat against Frasers and others
Anne By the Grace of God Queen of great Brittain France and Ireland defender of the faith to our Lovits […] Macers of our privy Councill Messingers at armes our Shirriffs in that part Conjunctllie and Severallie Specially Constitute Greetting Forasmuchas Wee and the Lords of our privy Councill Understanding that upon the first day of March Last by past John Fraser Lawfull sone to the deceast Thomas Fraser of Beaufort Tauis doun Mctavis brother to John Macktavis of Litlegarth William Fraser of Kinninovie, Donald Mack William Erlaw in Strahterrick, Donald Dow Glesick ther Alexander Dow Fraser in Mussedie in Stratherrick and Thomas Fraser Servitor to the said John Fraser were duely and orderly denunced our rebells and put to our horne By vertue of Letters of denunicatione raised at the Instance of Alexander Fraser of Kinnaries propriator of the house of Finnellan Captain John Mackenzie Baillie and Chamberland to the Lady Lovat and Tacksman and possessor of the said house Emilia Lady Fraser of Lovit Alexander Mackenzie of Prestonhall younger her husband for his intrest for their not Compearing before the Lords Commissioners of our Justiciary, To have under Lyen the Law for the Crimes afterspecified Viz for the said John Fraser sone to the said deceast Thomas Fraser of Beaufort his Convocating to himself a Companie of Lawless fellow’s first about the moneth of Aprill Jaj vijc and two in the Countrey of the Aird; His Sorneing and exacting of free quarters and by threatening and force takeing up from the tennents and others the Customes and all other rents belonging to the said Lady Lovit and farder forcibly breaking up her Girnels and takeing out therof what meall and victuall he pleased and furder threatening invadeing and beatting the Lady Lovats factors and Chamberlands in a most insolent maner, Which haveing moved them to apply to the Commissioners of Justiciary for the Highlands, That they might have a Competent number of our forces in that Countrey to protect them against the said John Fraser and his Lawless Complices and they haveing gotten ten men of Captain Grants Company ordered to Lye in the Countrey of the Aird for the Security of its pace, The said John Fraser did therupon Convocat more persones in armes about the number of Fiftie in all wherof the saids Tavis Doun Macktavis brother to John Mcktavis of Litlegarth William Fraser of Kinninovie, Donald McWilliam Erlaw in Stratherrick, Donald Dow Glasish ther Alexander Dow Fraser in Mussedie in Stratherick and Thomas Fraser servitor to the said John Fraser were principall men; and with these came to the Countrie of the Aird upon the fifth or one or other of the dayes of August Jaj vijc and two and as he Marched throw that Countrey raised to the number he had, about two or thrie hundred men and women more Boddin with weapons and in fear of Weir and with them assaulted the house of Finellan belonging to Alexander Fraser of Kinnaries and wher the said Captain John Mackenzie one of the Lady Lovits Baillies Lived wher the said ten men of Captain Grants Company reseided, and requyred them most traiterously to render themselves prisoners. Which because they refused They sett fyre to the said house, And ay their willfull fyre raiseing they burnt the Same doun to ashes with all the office housses about it; Therby forceing the said Captain Mckenzie and the souldiers with him to render themselves to their Mercie, and them the said John and his Complices made and detained prisoners with Livetenent Cameron one of the officers of our Forces who Commanded the said partie And tho that after a Litle time they dismist Captain Grants ten men, yet they caried the Livetenent and the said Captain Mckenzie as it were in Triumph throw the Countrey to the end of Lochnes wher haveing Lett goe the said Livetenent, yet thye caried the said Captain Mckenzie allong with them as their prisoner Maletreating and Beatting him in a most barbarous maner in the Countrey of Stratherick wher they still keeped him in Captivity carieing him from place to place untill that by a detatchment ordered from Fort William by Brigadeer Maitland under the Command of Major Hamilton they were forced to part with their said prisoner after all the said violences duely registrat in the books of adjournall Showen to the Lords of our privy Councill bears Att the process of which horning and denunciation the said John Fraser and others above named yet remained and abide takeing no fear nor regaird therof, But dayly haunts frequents and repair to Kirk Marcat and other publict places and travells about armed with Companies of men Sorning upon our free Leidges exacting and Levieing of money from them and the said Ladies tennents and Chamberlands as if they were our free Leidges and no such Crimes hade been Committed by them Giveing therby evill example to others to Committ the Like hereafter, Lykeas the Lords of our privy Councill by their act of the day and date hereof upon the Representation given in to them by the said Lady Fraser of Lovit and the said Mr Alexander Mckenzie younger of Prestonhall her husband for his intrest to them Have ordained thir our Letters of intercomuneing to be direct at the said Ladies instance against the said John Fraser Lawfull Sone to the said deceast Thomas Fraser of Beaufort Tauis doun Macktavis brother to John Mctavis of Litlegarth; William Frazer of Kininovie Donald McWilliam Earlaw in Stratherick Donald Dow Glessick ther; Alexander Dow Fraser in Mussedie in Stratherrick and Thomas Fraser Servant to the said John Fraser in maner and to the effect underwryten Our Will is Heirfore and wee Charge yow Strictly and Command that incontinent these our Letters Seen ye pas to the Marcat Cross of […] and other places needfull And therat in our name and authoritie Command and Charge all and Sundrie our Leidges and Subjects That non of them presume or take upon hand to resett Supply or intercomune with the saids Rebells nor furnish them with meatt drink house harbour powder Bullets armour victualls boats vessells nor no other things Comfortable to them, nor receive their goods in keeping nor transport them to and frae ferries nor have intelligence with them by word wryt or messadge under whatsomever Collour or pretext under the paine to be repute holden and esteemed as Airt and pairt with them in their expression rebellion and wicked deeds, and be punished with all rigour and extreamity to the terror of others And Sicklyke to Command and Charge all our Leidges who are under assurance or bonds of freindship with the saids rebells to renunce and Discharge the Samen bonds and assurences and to entertaine no fellowship nor society with them hereafter, But to repute and Esteem them, as notorious rebells oppressors and high Contemnors of our authoritie and Lawes with Certification to them who Shall keep and intertain the saids bonds and shall not Discharge the Samen in maner forsaid; That they shall be repute holden and esteemed as airt and partakers with them in their wicked deeds and practises Given under our Signets at Edinburgh the 28th day of December and of our Reigne the 2d year 1703. Per actum daly Secreti Consily.

Att Edinburgh the Twenty eight day of December 1703

A1703/12/242

Act

Act The Lady Lovat and her husband

Anent the Petition given in to the Lords of her Majesties privy Councill By Emilia Lady Fraser of Lovet and Mr Alexander Mckenzie younger of Prestonhall her husband for his intrest Shewing That wheras John Fraser Lawfull sone to the deceast Thomas Fraser of Beaufort Tavis Down Mctavis, Brother to John Mctavis of Athengarth, William Fraser of Kininmovie Donald McWilliam Earlaw in Stratherick, Donald Dow Glesick ther, Alexander Dow Fraser in Mussedie in Stratherick and Thomas Fraser sone to Widow Fraser in Bewly and Servitor to the said John Fraser were by vertue of Letters of Denunciation before the Lords Commissioners of Justiciary upon the first day of March last by past Denunced and declared rebells out Lawes and fugatives from the Lawes; For their wilfull Fyre raiseing and burning of the house of Fenniellan belonging to Alexander Fraser of Kinaltry as at more Length is contained in the saids Letters of denunication; which are registrat in the books of adjournall Conforme to the act of parliament and therwith given in; Notwithstanding wherof the forenamed persones Still Continue in their Barbarrous and wicked practises, asscociating themselves togither and oppressing the petitioners tennents in the Countries of the Aird and Stratherick in Manifast Contempt of Justice and the Government And Therfore Humbly Craveing the saids Lords would be pleased to ordaine the said John Fraser, Tavis doun Mctavis, William Fraser of Kininnovy Donald McWilliam Earlaw, Donald Dew Glasick, Alexander Dow Fraser and Thomas Fraser Fugatives and rebells to be intercomuned and that Letters may be direct for that effect as the said petition bears. The Lords of her Majesties privy Councill Haveing Considered the above petition given in to them by Emilia Lady Fraser of Lovit and Mr Alexander Mckenzie younger of Prestonhall her husband for his intrest; Togither with Letters of denunciatione at the instance of the petitioners and Alexander Fraser of Kinanries and others, against John Fraser Lawfull sone to the deceast Thomas Fraser of Beaufort and others And the same being read in their presence; The saids Lords doe hereby Allow Letters of intercomuneing to be direct at the petitioners instance against John Frasers Lawfull sones to the deceast Thomas Fraser of Beaufort Tauis Doun Mctavis brother to John Mctavis of Litlegarth William Fraser of Kininmovie, Donald McWilliam Earlaw in Stratherrick, Donald Dow Glessick ther Alexander Dow Fraser Servitor to the said John Fraser in due forme, As also gives order and warrant to her majesties forces as they shall be requyred to give concurrence for apprehending the saids rebells and restraineing and preventing the progress of any violence or Lawles procedures that shall be done by them.
Followes the Letters of Intercomuneing
Letter of intercomuning. The Lady Lovat against Frasers and others
Anne By the Grace of God Queen of great Brittain France and Ireland defender of the faith to our Lovits […] Macers of our privy Councill Messingers at armes our Shirriffs in that part Conjunctllie and Severallie Specially Constitute Greetting Forasmuchas Wee and the Lords of our privy Councill Understanding that upon the first day of March Last by past John Fraser Lawfull sone to the deceast Thomas Fraser of Beaufort Tauis doun Mctavis brother to John Macktavis of Litlegarth William Fraser of Kinninovie, Donald Mack William Erlaw in Strahterrick, Donald Dow Glesick ther Alexander Dow Fraser in Mussedie in Stratherrick and Thomas Fraser Servitor to the said John Fraser were duely and orderly denunced our rebells and put to our horne By vertue of Letters of denunicatione raised at the Instance of Alexander Fraser of Kinnaries propriator of the house of Finnellan Captain John Mackenzie Baillie and Chamberland to the Lady Lovat and Tacksman and possessor of the said house Emilia Lady Fraser of Lovit Alexander Mackenzie of Prestonhall younger her husband for his intrest for their not Compearing before the Lords Commissioners of our Justiciary, To have under Lyen the Law for the Crimes afterspecified Viz for the said John Fraser sone to the said deceast Thomas Fraser of Beaufort his Convocating to himself a Companie of Lawless fellow’s first about the moneth of Aprill Jaj vijc and two in the Countrey of the Aird; His Sorneing and exacting of free quarters and by threatening and force takeing up from the tennents and others the Customes and all other rents belonging to the said Lady Lovit and farder forcibly breaking up her Girnels and takeing out therof what meall and victuall he pleased and furder threatening invadeing and beatting the Lady Lovats factors and Chamberlands in a most insolent maner, Which haveing moved them to apply to the Commissioners of Justiciary for the Highlands, That they might have a Competent number of our forces in that Countrey to protect them against the said John Fraser and his Lawless Complices and they haveing gotten ten men of Captain Grants Company ordered to Lye in the Countrey of the Aird for the Security of its pace, The said John Fraser did therupon Convocat more persones in armes about the number of Fiftie in all wherof the saids Tavis Doun Macktavis brother to John Mcktavis of Litlegarth William Fraser of Kinninovie, Donald McWilliam Erlaw in Stratherrick, Donald Dow Glasish ther Alexander Dow Fraser in Mussedie in Stratherick and Thomas Fraser servitor to the said John Fraser were principall men; and with these came to the Countrie of the Aird upon the fifth or one or other of the dayes of August Jaj vijc and two and as he Marched throw that Countrey raised to the number he had, about two or thrie hundred men and women more Boddin with weapons and in fear of Weir and with them assaulted the house of Finellan belonging to Alexander Fraser of Kinnaries and wher the said Captain John Mackenzie one of the Lady Lovits Baillies Lived wher the said ten men of Captain Grants Company reseided, and requyred them most traiterously to render themselves prisoners. Which because they refused They sett fyre to the said house, And ay their willfull fyre raiseing they burnt the Same doun to ashes with all the office housses about it; Therby forceing the said Captain Mckenzie and the souldiers with him to render themselves to their Mercie, and them the said John and his Complices made and detained prisoners with Livetenent Cameron one of the officers of our Forces who Commanded the said partie And tho that after a Litle time they dismist Captain Grants ten men, yet they caried the Livetenent and the said Captain Mckenzie as it were in Triumph throw the Countrey to the end of Lochnes wher haveing Lett goe the said Livetenent, yet thye caried the said Captain Mckenzie allong with them as their prisoner Maletreating and Beatting him in a most barbarous maner in the Countrey of Stratherick wher they still keeped him in Captivity carieing him from place to place untill that by a detatchment ordered from Fort William by Brigadeer Maitland under the Command of Major Hamilton they were forced to part with their said prisoner after all the said violences duely registrat in the books of adjournall Showen to the Lords of our privy Councill bears Att the process of which horning and denunciation the said John Fraser and others above named yet remained and abide takeing no fear nor regaird therof, But dayly haunts frequents and repair to Kirk Marcat and other publict places and travells about armed with Companies of men Sorning upon our free Leidges exacting and Levieing of money from them and the said Ladies tennents and Chamberlands as if they were our free Leidges and no such Crimes hade been Committed by them Giveing therby evill example to others to Committ the Like hereafter, Lykeas the Lords of our privy Councill by their act of the day and date hereof upon the Representation given in to them by the said Lady Fraser of Lovit and the said Mr Alexander Mckenzie younger of Prestonhall her husband for his intrest to them Have ordained thir our Letters of intercomuneing to be direct at the said Ladies instance against the said John Fraser Lawfull Sone to the said deceast Thomas Fraser of Beaufort Tauis doun Macktavis brother to John Mctavis of Litlegarth; William Frazer of Kininovie Donald McWilliam Earlaw in Stratherick Donald Dow Glessick ther; Alexander Dow Fraser in Mussedie in Stratherrick and Thomas Fraser Servant to the said John Fraser in maner and to the effect underwryten Our Will is Heirfore and wee Charge yow Strictly and Command that incontinent these our Letters Seen ye pas to the Marcat Cross of […] and other places needfull And therat in our name and authoritie Command and Charge all and Sundrie our Leidges and Subjects That non of them presume or take upon hand to resett Supply or intercomune with the saids Rebells nor furnish them with meatt drink house harbour powder Bullets armour victualls boats vessells nor no other things Comfortable to them, nor receive their goods in keeping nor transport them to and frae ferries nor have intelligence with them by word wryt or messadge under whatsomever Collour or pretext under the paine to be repute holden and esteemed as Airt and pairt with them in their expression rebellion and wicked deeds, and be punished with all rigour and extreamity to the terror of others And Sicklyke to Command and Charge all our Leidges who are under assurance or bonds of freindship with the saids rebells to renunce and Discharge the Samen bonds and assurences and to entertaine no fellowship nor society with them hereafter, But to repute and Esteem them, as notorious rebells oppressors and high Contemnors of our authoritie and Lawes with Certification to them who Shall keep and intertain the saids bonds and shall not Discharge the Samen in maner forsaid; That they shall be repute holden and esteemed as airt and partakers with them in their wicked deeds and practises Given under our Signets at Edinburgh the 28th day of December and of our Reigne the 2d year 1703. Per actum daly Secreti Consily.

2. NRS, PC1/53, 102-6.

2. NRS, PC1/53, 102-6.