Act, 4 August 1702, Edinburgh

Procedure, 24 December 1702, Edinburgh

Att Edinburgh The Fourth day of August Jaj viic and two years

A1702/8/21

Act

Act In favors of The Lady Lovat and her husband

Anent the petition given in to the Lords of her Majesties privy Councill by The Lady Lovat and Mr Alexander Mckenzie of Prestonhall her husband for his intrest Shewing That wher it was perfectly knowen to the Saids Lords what convocation and Insurrections2 in3 Armes Captain Simon Fraser with his accomplices were found guilty of and how that for the said treasonable deeds He and they were doomed to be punished as traitors Which albeit it pleased the late King William of his Grace to remitt; in hope of his ammendment and that he offered to vindicat himself of the rapt Committed upon the Lady Dowager of Lovat the petitioners Mother; yet he failled to appear to abide the tryall and was therfore denunced fugative; And haveing Since persisted in his disorders in that Countrey by makeing unlawfull Convocations, and exacting and oppressing the tennents, He wes by the Saids Lords delyverance in March last intercomuned; Lykeas Severall of his Accomplices had Since by the Saids Lords delyverance been also intercommuned, but tho the Said Captain Fraser hath Since that time fled the Countrey; yet he hath left John Fraser his brother with Severall other fugatives lately intercomuned as said is; who with some other Loose and brocken men to the Number of Threttie or therby; have for these thrie moneths bygone gone up and doun the Countreyes of the Aird and Stratherrick belonging to the petitioners Threatening the petitioners Chamberlands with death if they Should offer to uplift the petitioners rents from the tenents; and threatening in Like maner the tennents if they Should pay and for effectuating therof The Said John Fraser hath keept a partie of men as in Garison in the Town of Benlie the heart of the Countrey of Aird; who exact frie quarter from his tenents; Likeas he and his Complices have taken up from the tenents and possessors to the Number of Two hundred Custome Wedders and Lambs and brock up the petitioners meall Girnells in Benlie and hade taken out therof about Sixtie bolls of meall; And furder about the begining of July Last; Fraser younger of Buchrubbin, and two More of the Said John Fraser his Complices Came to the house of Moniack wher Mr Hew Fraser one of the petitioners Chamberlands dwalt And haveing by a false token fott him out of his houseand not only reproach him for Serving the petitioners But beatt him with the Butts of their Guns, and hade Murdered him if he had not made his Escape; and Because he Complained to the Commissioners of Justiciary of this their wickednes they sent him a message that if he persisted in this Complaint They should destroy him and all his relations, And tho upon Complaint forsaid given to the Said Commissioners of Justiciary by the Said Mr Hew and Captain John Mckenzie and Thomas Fraser of Gortibegg The Saids Commissioners Did not only allow the Complainers to Summond the said transgressors; But also ordained Brigadeer Maitland and the other Commanders of her Majesties forces within their district to give their assistance for apprehending the Saids persones that they might be brought to tryall, and also allowed the Compleaners to Call and Conveen her majesties leidges for their assistance And furder ordained Captain William Grant or the Commanders of his Company to appoint ten of their men to remain in that Countrey, for Securitie therof; with all orders necessary As ane act of the Said Justiciary the Eleventh of July Last therwith produced bears; yet the Said Lawless men with their associats are still goeing up and doun the Saids Countreyes; Threatening the Said Mr Heugh Fraser and Captain John Mckenzie Conjunct Baillie and Chamberland with him; and all others who Should offer to Serve the petitioners with present destruction; And when the said Captain John was lately installed to be our Baillie at Bewlay above thrie or Fourscore woman among whom were men in womens Cloathes assaulted him, and those with him by throwing Stones and many other acts of violence; and then Surrounded his house threatening to burn the Same; So that hade not some Gentlmen come to his assistance they hade made good their threatening Nor was it possible for the Said Small party of Captain Grants men; which were ordained by the said Commissions to repress these Lawless attempts to make head against the forsaid disorderly and wicked persones who are now bussie in the Countreyes of Stratherick and Aird Convocating all the Louse and brocken men they could ingage to execute their forsaid wicked designes and threatenings; And Seing that these disorders and violences do Still grow as severall missives therwith produced testifie and that all orderly means and methods that have hitherto been used prove ineffectuall And that plainly it was Imposible to repress the Said disorders and Setle the peace of the forsaid Countreyes without the Saids Lords assistance And the Concurrance of the Government in Such maner as wes requisit for Such Flagrant villanies and unaccountable Insolencies; And Therfore humbly Craveing the Saids Lords would take the premisses to Consideration and for the necessary good order and peace of the Countrey To Recommend in the first place to Major Generall Ramsay to appoint two detatchments of her Majesties forces one for the Countrey of Stratherick; and the other for the Countrey of the Aird; to reside and abide their in Such numbers and in Such places, and for such Space As he Shall find necessary And Also to Recommend to Brigadeer Maitland and the Commissioners for the Northern district to give Such orders to those under their Command; And particularly to the Said Captain Grant, and his Company as they Shall Judge requisit for repressing the Saids disorders and fortifieing the Law Against the Authors therof and Secureing their possession and their queit brooking and enjoying of the same As they from time to time Should See cause As the said petition bears The Lords of her Majesties privy Councill Haveing Considered the above petition given in to them by My Lady Lovat and Mr Alexander Mckenzie of Prestonhall her husband for his intrest; They hereby Recommend to Major Generall George Ramsay Commander in Chief of her Majesties forces within this kingdome to appoint and give orders for two detatchments of her Majesties forces one for the Countrey of Stratherick And the other for the Countrey of Aird to reside and abide their; in Such numbers and in Such places and for such time and Space; As he shall find necessary, And also Recommends to Brigadeer Maitland to give Such orders to those under his Command As he Shall think fitt; And the Commissioners of the Northerne district to give Such orders particularly to Captain William Grant and his Company as they Shall Judge requisit For repressing the disorders contained in the said petition And fortifieing the Law Against the authors therof And for Secureing the petitioners possession and their queit bruiking and enjoying of the same As they from time to time shall see cause.

Att Edinburgh The Fourth day of August Jaj viic and two years

A1702/8/21

Act

Act In favors of The Lady Lovat and her husband

Anent the petition given in to the Lords of her Majesties privy Councill by The Lady Lovat and Mr Alexander Mckenzie of Prestonhall her husband for his intrest Shewing That wher it was perfectly knowen to the Saids Lords what convocation and Insurrections2 in3 Armes Captain Simon Fraser with his accomplices were found guilty of and how that for the said treasonable deeds He and they were doomed to be punished as traitors Which albeit it pleased the late King William of his Grace to remitt; in hope of his ammendment and that he offered to vindicat himself of the rapt Committed upon the Lady Dowager of Lovat the petitioners Mother; yet he failled to appear to abide the tryall and was therfore denunced fugative; And haveing Since persisted in his disorders in that Countrey by makeing unlawfull Convocations, and exacting and oppressing the tennents, He wes by the Saids Lords delyverance in March last intercomuned; Lykeas Severall of his Accomplices had Since by the Saids Lords delyverance been also intercommuned, but tho the Said Captain Fraser hath Since that time fled the Countrey; yet he hath left John Fraser his brother with Severall other fugatives lately intercomuned as said is; who with some other Loose and brocken men to the Number of Threttie or therby; have for these thrie moneths bygone gone up and doun the Countreyes of the Aird and Stratherrick belonging to the petitioners Threatening the petitioners Chamberlands with death if they Should offer to uplift the petitioners rents from the tenents; and threatening in Like maner the tennents if they Should pay and for effectuating therof The Said John Fraser hath keept a partie of men as in Garison in the Town of Benlie the heart of the Countrey of Aird; who exact frie quarter from his tenents; Likeas he and his Complices have taken up from the tenents and possessors to the Number of Two hundred Custome Wedders and Lambs and brock up the petitioners meall Girnells in Benlie and hade taken out therof about Sixtie bolls of meall; And furder about the begining of July Last; Fraser younger of Buchrubbin, and two More of the Said John Fraser his Complices Came to the house of Moniack wher Mr Hew Fraser one of the petitioners Chamberlands dwalt And haveing by a false token fott him out of his houseand not only reproach him for Serving the petitioners But beatt him with the Butts of their Guns, and hade Murdered him if he had not made his Escape; and Because he Complained to the Commissioners of Justiciary of this their wickednes they sent him a message that if he persisted in this Complaint They should destroy him and all his relations, And tho upon Complaint forsaid given to the Said Commissioners of Justiciary by the Said Mr Hew and Captain John Mckenzie and Thomas Fraser of Gortibegg The Saids Commissioners Did not only allow the Complainers to Summond the said transgressors; But also ordained Brigadeer Maitland and the other Commanders of her Majesties forces within their district to give their assistance for apprehending the Saids persones that they might be brought to tryall, and also allowed the Compleaners to Call and Conveen her majesties leidges for their assistance And furder ordained Captain William Grant or the Commanders of his Company to appoint ten of their men to remain in that Countrey, for Securitie therof; with all orders necessary As ane act of the Said Justiciary the Eleventh of July Last therwith produced bears; yet the Said Lawless men with their associats are still goeing up and doun the Saids Countreyes; Threatening the Said Mr Heugh Fraser and Captain John Mckenzie Conjunct Baillie and Chamberland with him; and all others who Should offer to Serve the petitioners with present destruction; And when the said Captain John was lately installed to be our Baillie at Bewlay above thrie or Fourscore woman among whom were men in womens Cloathes assaulted him, and those with him by throwing Stones and many other acts of violence; and then Surrounded his house threatening to burn the Same; So that hade not some Gentlmen come to his assistance they hade made good their threatening Nor was it possible for the Said Small party of Captain Grants men; which were ordained by the said Commissions to repress these Lawless attempts to make head against the forsaid disorderly and wicked persones who are now bussie in the Countreyes of Stratherick and Aird Convocating all the Louse and brocken men they could ingage to execute their forsaid wicked designes and threatenings; And Seing that these disorders and violences do Still grow as severall missives therwith produced testifie and that all orderly means and methods that have hitherto been used prove ineffectuall And that plainly it was Imposible to repress the Said disorders and Setle the peace of the forsaid Countreyes without the Saids Lords assistance And the Concurrance of the Government in Such maner as wes requisit for Such Flagrant villanies and unaccountable Insolencies; And Therfore humbly Craveing the Saids Lords would take the premisses to Consideration and for the necessary good order and peace of the Countrey To Recommend in the first place to Major Generall Ramsay to appoint two detatchments of her Majesties forces one for the Countrey of Stratherick; and the other for the Countrey of the Aird; to reside and abide their in Such numbers and in Such places, and for such Space As he Shall find necessary And Also to Recommend to Brigadeer Maitland and the Commissioners for the Northern district to give Such orders to those under their Command; And particularly to the Said Captain Grant, and his Company as they Shall Judge requisit for repressing the Saids disorders and fortifieing the Law Against the Authors therof and Secureing their possession and their queit brooking and enjoying of the same As they from time to time Should See cause As the said petition bears The Lords of her Majesties privy Councill Haveing Considered the above petition given in to them by My Lady Lovat and Mr Alexander Mckenzie of Prestonhall her husband for his intrest; They hereby Recommend to Major Generall George Ramsay Commander in Chief of her Majesties forces within this kingdome to appoint and give orders for two detatchments of her Majesties forces one for the Countrey of Stratherick And the other for the Countrey of Aird to reside and abide their; in Such numbers and in Such places and for such time and Space; As he shall find necessary, And also Recommends to Brigadeer Maitland to give Such orders to those under his Command As he Shall think fitt; And the Commissioners of the Northerne district to give Such orders particularly to Captain William Grant and his Company as they Shall Judge requisit For repressing the disorders contained in the said petition And fortifieing the Law Against the authors therof And for Secureing the petitioners possession and their queit bruiking and enjoying of the same As they from time to time shall see cause.

1. NRS, PC1/52, 428-31.

2. The word ‘and’ scored out here.

3. Insertion.

1. NRS, PC1/52, 428-31.

2. The word ‘and’ scored out here.

3. Insertion.