Act, 3 March 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh The Third Day off March Jaj vjc and Nyntie tuo years

A1692/3/141

Act

Act and Comittee anent William Fraser

Anent the petitione given in to the Lords of there Majesties privie Counsell be William Fraser prisoner in Edinburgh tolbooth Shewing That where the petitioner haveing formerly applyed to there Lordships Representing that upon his being unhappiely engadged with those that Lately appeared in the Highlands againest the present government The supplicant wes resolved to accept the benefite of his Royall Majestyes Gracious Indemnity And wes come to Edinburgh for that effect But wes apprehended the very same night he came and befor he hade tyme to apply And therefore the supplicant and his said supplicatione did humbly crave the benefit of the said Indemnity and this bill being read befor the saids Lords the tuenty fourth day of december last There Lordships by there Interloquitor Declared the petitioner not capable thereof as being seized for crymes comitted since the granting of the said Indemnity And as to which the saids Lords are Intreated to Consider the supplicants case who humbly Judged that it wes2 His Majestyes Royall Intentione to Indemnifie all such Indefinitely as have appeared in armes the present government and who hade applyed for the benefite of the same betuixt and the first of Januarij then next And that the takeing the same did purge any antecedent cryme prior to the takeing thereof In so farr as concerned the government And the petitioner since haveing receaved ane Indytement befor the Lords of Justiciary againest the seventh instant and being sensible of his cryme and misfortune in haveing been in oppositione to the government Is resolved to Imploy no procurators nor propone any Legall defence But intrely to throw himself upon his Royall Majestyes Goodnes and Clemencie And to that end hes made applicatione to his Majesty And hes Laid his case at his Majestyes feet And therefore humbly craveing that there Lordships would Commiserat the petitioners case and that of his poor wyfe and children and will so farr Concurr with the petitioners supplicatione to his Majestie as aither to represent the same from there boord or at Least and till his Royall pleasure be knowen as to the petitioners particular And will recomend to the Lords of Justiciary to forbear any procedor in the petitioners tryall and sist any executione upon any sentennce to follow thereupon As the said petitione bears The saids Lords of there Majestyes privie Counsell Haveing considered this petitione given in to them be the above William Fraser They hereby recomend to the Lord Viscount of Stair and Lords Ruthven and Polwarth or any tuo of them to examine the petitioner that it may appear If he will make any further discovery anent the Bass And recomends to that Comittee to report to the Lord Chancellour what discovery the petitioner shall make If any be Betuixt and Monday to the effect his Lordship may call the Counsell to meet that they may give order for stopteing the procedor of the Lords Commissioners of Justiciary againest the petitioner If they shall find by his examinatione befor the said comittee That he does deserve such a favour In respect the day of the petitioners tryall befor the saids Lords Commissioners is Monday next And that the witnesses are to pairt from this to Flanders for there Majestyes service

At Edinburgh 3 March 1692

A1692/3/141

Act

Act and Committee concerning William Fraser

Concerning the petition given in to the lords of their majesties’ privy council by William Fraser prisoner in Edinburgh tolbooth showing that where the petitioner having formerly applied to their lordships, representing that upon his being unhappily engaged with those that lately appeared in the Highlands against the present government, the supplicant was resolved to accept the benefit of his royal majesty’s gracious indemnity and was come to Edinburgh for that effect, but was apprehended the very same night he came and before he had time to apply. Therefore the supplicant and his said supplication did humbly crave the benefit of the said indemnity and this bill being read before the said lords on the twenty-fourth day of December last, their lordships by their interlocutor declared the petitioner not capable thereof as being seized for crimes committed since the granting of the said indemnity, and as to which the said lords are entreated to consider the supplicant’s case, who humbly judged that it was his majesty’s royal intention to indemnify all such indefinitely as have appeared in arms against the present government and who had applied for the benefit of the same before the first of January then next, and that the taking the same did purge any antecedent crime prior to the taking thereof in so far as concerned the government. And the petitioner since having received an indictment before the lords of justiciary against the seventh instant and being sensible of his crime and misfortune in having been in opposition to the government is resolved to employ no procurators nor propone any legal defence but entirely to throw himself upon his royal majesty’s goodness and clemency and to that end has made application to his majesty and has laid his case at his majesty’s feet, and therefore humbly craving that their lordships would commiserate the petitioner’s case and that of his poor wife and children and will so far concur with the petitioner’s supplication to his majesty as either to represent the same from their board or at least and till his royal pleasure be known as to the petitioner’s particular, and will recommend to the lords of justiciary to forbear any procedure in the petitioner’s trial and sist any execution upon any sentence to follow thereupon, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above William Fraser, they hereby recommend to the lord Viscount of Stair and Lords Ruthven and Polwarth or any two of them to examine the petitioner that it may appear if he will make any further discovery concerning the Bass and recommends to that committee to report to the lord chancellor what discovery the petitioner shall make if any be before Monday to the effect his lordship may call the council to meet that they may give order for stopping the procedure of the lords commissioners of justiciary against the petitioner, if they shall find by his examination before the said committee that he does deserve such a favour, in respect the day of the petitioner’s trial before the said lords commissioners is Monday next, and that the witnesses are to leave for Flanders for their majesties’ service.

1. PC1/48, 94-5.

2. The word ‘the’ scored out here.

1. PC1/48, 94-5.