Act, 3 March 1698 (pm), Edinburgh

Decreet, 29 December 1698, Edinburgh

[At Edinburgh 3 March 1698] Eodem Die post meridiem

A1698/3/211

Act

Act Anent the Laird of Strichen

Anent The Petition given in to the Lords of his majesties privy Councill by Alexander Fraser of Strichen Shewing That whereas Ther Lordships having upon Twesday Last, ordained the petitioner to find Caution not only to sist himself, But Likeways That he should present the persons of such his men, Tennents and servants before their Lordships, as he should be required to sist as to all which The Petitioner Humbly Beggs Leave To Represent how surprising ther Lordships said order was to the petitioner and that upon the Grounds following 1mo That to this hour The petitioner is not Certiorat, nor accused of any speciall fault or Crime And yet hade Been these four moneths bygone heavily Burdened what through seasing of his person, posting of numerous Guards upon him in his House and Repeated Bonds of presentation anent his appearance before their Lordships from time to Tyme, and his Expensive attendance in Town, waiting their Lordships pleasure against the first of March now Elapsed, att which tyme he was putt in Expectation to have been made free of farder Trouble or otherways that he should gett the opportunity of vindicating of himself upon the Event of a fair Tryall, Instead of all which ther Lordships have been pleased to ordain the petitioner to be enacted a third time for his farder Compearance and that with a farder Degree of Burden viz that he should present his men Tennents and Servants. 2do The Petitioner humbly supposes these of his Tennendrie meaned be their Lordships may be of his Lands of Stratherick and not of his Estate in Buchan. As to which Stratherick men, The petitioner humbly hopes their Lordships will not find him obnoxious for, or lyable to present; Because albeit by the Clause in the Close of the 39th act anno 1693 The acts made anent the Clans and their Chiftains for the more Effectuall Suppressing of Depredations, be Extended to the publict peace and preservation. Yet 1mo The Petitioner is none of these That by the List of Chiftans of Clans or Branches thereof Subjoyned to the Councill proclamation anno 1681 anent the Laws made for securing the peace in the high-lands but on the Contrair mention is made of the Lord Lovit as Cheif and a great many other Frasers as branchis particularly Fraser of Ardachie Fraser of Litle Glendo Fraser of Erchete Fraser of Foyer and others who are nottourly known to be the heads of the trybes of all the Stratherick men and one whom the peace of the Countrey as to these men did ly, nor did The Government att all Think fitt to Burden the petitioner or any of his predecessors, In respect their Residence was att Strichen in Buchan upwards of Fourscore miles distance, And Therfore It is hoped That the Extending of former Laws anent Chiftans of Clans, to the caice of the publict peace cannot putt him In a worse Condition then he was by the said former Law 2do as the Petitioner Does not Know, nor is Bound to be in the Knowledge of the particular Ground of accusation either against himself or the Straterick men Till he be duely Certiorat of the same; yet Esto The same should be said to be on the account of ther alledged accession to the disorders Complained of as committed against the Lord Saltoun and the Lady Lovat It is well Known how much the Countrey of Stratherick is now Ruined, and the Inhabitants (as is Credibly Informed by missive Letters) reduced to Extream misery and want, Through The depreidations Committed on them By the McDonalds of Brea-Lochaber, under the Conduct of the Intercommand Coll McDonald, or his Brother in Conjunction with the multitude of Atholl men, sent upon them, all under colour of the Governments having intercomuned the said Stratherick men and ordered The forces against them so that the Government having proceeded such a Length by Executing of Letters of Treason by Heraulds. It is humbly supposed That the Petitioner as a privat man now after the Governments denunceing and Intercomuning as said is, cannot be Bound for the Behaviour of any such persons. 3tio, Esto, By the Extension aforsaid of the acts anent Chiftans of Clans. The Petitioner should be comprehended quoad the Stratherick men, as it is hoped he cannot for the reasons abovededuced. Yet it is humbly contended That he cannot be made Simply lyable, to present their persones as master or Land Lord Because by the act 108 Parliament 11 James 6th It is Expresly provided That the Land Lord shall be releived of the pain and danger of the Law, In caice he doe within fourty days after the next Term Ensueing the citation given him to present the men to and underly the Law actualy remove them from his ground, or obtain Decreit of removal and denunce them thereon. That being all that the Law Thought Reasonable for a master Especialy Leaving att a Distance to perform, how ever the Chiftans or Branches of Clanns be precisely Bound to sist the persones or otherways be lyable Therfore and seing none descended of the petitioners family Dwell in Stratherick as is nottourly Known ther residence being in Buchan. Beside that the petitioner hes now been Aboundantly harassed and troubled by Confinements Repeated Bonds of presentation attour his personall attendance att this place And Therfore Humbly Craving their Lordships would be pleased To dispense with his finding Caution any further He being Lawbiding and ready to answer when called for as the said petetion bears. Which Petition Being this day Read in presence of the Lords of his majesties privie Councill, They declared the Petitioner to be att his full Liberty To Return to his own home and goe about his affairs as any other of his majesties good subjects, he first giving Bond and finding sufficient Caution acted in the Books of privy Councill That he shall Live peaceablie under and with all Submission to the present Government of his majestie King Wiliam and That he shall not act Consult or Contrive any thing in prejudice thereof nor shall not Converse or Correspond with any Rebells and that he shall appear before the saids Lords of privy Councill whensoever he shall be Called for or required thereto under the penalty of Five Hundered pounds sterling in caice he shall Trasngress in any part of the premises. And In Respect The said Bond and Caution is before Extracting heirof found and given in The saids Lords ordains The Petitioners former Bond granted be him and the Laird of Udnay younger as Cautioner for him dated the Tenth day of February Last bypast to be delivered up to him. And Recalls the act pronunced by the saids Lords of privy Councill upon the first day of February Instant, ordaining Strichen the Petitioner to find Caution for himself and for produceing his Tennents And declaires the same to be void and null And Discharges the Extracting or Booking therof.

[At Edinburgh 3 March 1698] Eodem Die post meridiem

A1698/3/211

Act

Act Anent the Laird of Strichen

Anent The Petition given in to the Lords of his majesties privy Councill by Alexander Fraser of Strichen Shewing That whereas Ther Lordships having upon Twesday Last, ordained the petitioner to find Caution not only to sist himself, But Likeways That he should present the persons of such his men, Tennents and servants before their Lordships, as he should be required to sist as to all which The Petitioner Humbly Beggs Leave To Represent how surprising ther Lordships said order was to the petitioner and that upon the Grounds following 1mo That to this hour The petitioner is not Certiorat, nor accused of any speciall fault or Crime And yet hade Been these four moneths bygone heavily Burdened what through seasing of his person, posting of numerous Guards upon him in his House and Repeated Bonds of presentation anent his appearance before their Lordships from time to Tyme, and his Expensive attendance in Town, waiting their Lordships pleasure against the first of March now Elapsed, att which tyme he was putt in Expectation to have been made free of farder Trouble or otherways that he should gett the opportunity of vindicating of himself upon the Event of a fair Tryall, Instead of all which ther Lordships have been pleased to ordain the petitioner to be enacted a third time for his farder Compearance and that with a farder Degree of Burden viz that he should present his men Tennents and Servants. 2do The Petitioner humbly supposes these of his Tennendrie meaned be their Lordships may be of his Lands of Stratherick and not of his Estate in Buchan. As to which Stratherick men, The petitioner humbly hopes their Lordships will not find him obnoxious for, or lyable to present; Because albeit by the Clause in the Close of the 39th act anno 1693 The acts made anent the Clans and their Chiftains for the more Effectuall Suppressing of Depredations, be Extended to the publict peace and preservation. Yet 1mo The Petitioner is none of these That by the List of Chiftans of Clans or Branches thereof Subjoyned to the Councill proclamation anno 1681 anent the Laws made for securing the peace in the high-lands but on the Contrair mention is made of the Lord Lovit as Cheif and a great many other Frasers as branchis particularly Fraser of Ardachie Fraser of Litle Glendo Fraser of Erchete Fraser of Foyer and others who are nottourly known to be the heads of the trybes of all the Stratherick men and one whom the peace of the Countrey as to these men did ly, nor did The Government att all Think fitt to Burden the petitioner or any of his predecessors, In respect their Residence was att Strichen in Buchan upwards of Fourscore miles distance, And Therfore It is hoped That the Extending of former Laws anent Chiftans of Clans, to the caice of the publict peace cannot putt him In a worse Condition then he was by the said former Law 2do as the Petitioner Does not Know, nor is Bound to be in the Knowledge of the particular Ground of accusation either against himself or the Straterick men Till he be duely Certiorat of the same; yet Esto The same should be said to be on the account of ther alledged accession to the disorders Complained of as committed against the Lord Saltoun and the Lady Lovat It is well Known how much the Countrey of Stratherick is now Ruined, and the Inhabitants (as is Credibly Informed by missive Letters) reduced to Extream misery and want, Through The depreidations Committed on them By the McDonalds of Brea-Lochaber, under the Conduct of the Intercommand Coll McDonald, or his Brother in Conjunction with the multitude of Atholl men, sent upon them, all under colour of the Governments having intercomuned the said Stratherick men and ordered The forces against them so that the Government having proceeded such a Length by Executing of Letters of Treason by Heraulds. It is humbly supposed That the Petitioner as a privat man now after the Governments denunceing and Intercomuning as said is, cannot be Bound for the Behaviour of any such persons. 3tio, Esto, By the Extension aforsaid of the acts anent Chiftans of Clans. The Petitioner should be comprehended quoad the Stratherick men, as it is hoped he cannot for the reasons abovededuced. Yet it is humbly contended That he cannot be made Simply lyable, to present their persones as master or Land Lord Because by the act 108 Parliament 11 James 6th It is Expresly provided That the Land Lord shall be releived of the pain and danger of the Law, In caice he doe within fourty days after the next Term Ensueing the citation given him to present the men to and underly the Law actualy remove them from his ground, or obtain Decreit of removal and denunce them thereon. That being all that the Law Thought Reasonable for a master Especialy Leaving att a Distance to perform, how ever the Chiftans or Branches of Clanns be precisely Bound to sist the persones or otherways be lyable Therfore and seing none descended of the petitioners family Dwell in Stratherick as is nottourly Known ther residence being in Buchan. Beside that the petitioner hes now been Aboundantly harassed and troubled by Confinements Repeated Bonds of presentation attour his personall attendance att this place And Therfore Humbly Craving their Lordships would be pleased To dispense with his finding Caution any further He being Lawbiding and ready to answer when called for as the said petetion bears. Which Petition Being this day Read in presence of the Lords of his majesties privie Councill, They declared the Petitioner to be att his full Liberty To Return to his own home and goe about his affairs as any other of his majesties good subjects, he first giving Bond and finding sufficient Caution acted in the Books of privy Councill That he shall Live peaceablie under and with all Submission to the present Government of his majestie King Wiliam and That he shall not act Consult or Contrive any thing in prejudice thereof nor shall not Converse or Correspond with any Rebells and that he shall appear before the saids Lords of privy Councill whensoever he shall be Called for or required thereto under the penalty of Five Hundered pounds sterling in caice he shall Trasngress in any part of the premises. And In Respect The said Bond and Caution is before Extracting heirof found and given in The saids Lords ordains The Petitioners former Bond granted be him and the Laird of Udnay younger as Cautioner for him dated the Tenth day of February Last bypast to be delivered up to him. And Recalls the act pronunced by the saids Lords of privy Councill upon the first day of February Instant, ordaining Strichen the Petitioner to find Caution for himself and for produceing his Tennents And declaires the same to be void and null And Discharges the Extracting or Booking therof.

1. NRS, PC1/51, 400-2.

1. NRS, PC1/51, 400-2.