Commission by the Council, 22 February 1698, Edinburgh

Decreet, 29 December 1698, Edinburgh

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

A1698/2/331

Commission by the Council

Commission The Laird of McIntosh against McDonalds and others

William By the grace of God King of great Britain France and Ireland defender of the faith to our Lovites […] Macers of our privy Councill messengers att armes our sheriffs in that part Conjunctlie and Severallie specialy Constitute Greeting. Forasmuchas By a petition presented to the Lords of our privy Councill by Lachlan Mcintosh of that ilk Narrating That where the said Petitioner having obtained several Commissions of fire and sword from the Governments for the Tyme for Recovering possession of his Lands of Keppoch, Glenroe, Glenspean and his other Lands in the Braes of Lochaber from the deceast Archibald McDonald in Keppoch and from this Coll McDonald his son and that by force of arms in respect of their most Contumacious Slighting of the ordinary remedies provided by our Laws, as the Commission dated in September Jaj vic Eightie one years in the Reign of our Royall uncle King Charles the Second of ever blessed memory obtained against this Coll McDonald his said umquhill father and such as should become his accomplices in opposition to the Execution of the said Commission and another Act of privy Councill Renewing the said Comission against the said Coll MakDonald nominatim upon the death of his said Father dated the first day of March Jaj vic Eightie Eight years with the printed Letters of Intercommuning in the Reign of the Late King James against the said Coll MakDonald per expressum for his resisting the forsaid Commission anent the repossessing of the said petitioner and murthering of Captain McKenzie and some of the standing forces with diverse Gentlemen of the petitioners nearest Relations and followers by surprisall produced with the said Petition to the saids Lords of our privy Councill hes testified And Likewise that for the forsaids very Crimes he the said Coll McDonald was not only of new declared fugitive and out-law by sentence of the Lords Commissioners of Justiciary upon the fourteenth of June Last, But Likewise That the persons following as his accomplices were sicklike declared outlaws and fugitives Viz Ronald Alexander and Angus McDonalds his Brethren John Beagg Mckean Vic Innes in Keppoch Sorrell Beagg McKean Vic Innes his son there Donald Begg Mckean Vic Innes his son there Sorrel McCoil duie there Ewan MakConchy Vic Ean there Duncan Mcphail Vic Finlay there, Duncan MakConchy vig there, Angus McGrassick there, John McCoill Roye Vic Ean in Boliney, Angus McKean Vic Innes, John McInnes Vic Ean there, Dugald Mcvie Ean there, Duncan Mcvic Ean there Donald Pyper in Inveroy Beg, John McCoill vic Innes ther, Donald McCoill vic Innes his son there, Donald Begg McDugald there, Angus McCoill Oig Vic Coill there Angus McEan Vig there, John McWilliam Vic Ean Vig there, Ewen McAgone in Auchteir, Alexander McGillespick Vic Coill Vic Ean there, Duncan McEan Vic Innes, William McKean Vic Innes there, Angus McCoill Dow there, Donald McEan Vic Rory there, Duncan McConchie in Bohinnie Angus McCoill Roy there, Angus McConchie there, Dugald McInnes Vic Ean there, Angus McConchie there, Dugald McInnes Vic Ean there, John Reoch McSorle in Breakoch Dugald Reoch McSorle his son there, and Donald Reoch McSorle his son there, Angus McCoill Vic Ean Reoch In Aughvady, John McAlaster Vic Coill Vic Alaster Sorrell McCan Reoch Vic Sorrell Donald McConchy Oig ther Angus McInnes Roy ther, Angus McNeill Vore there, Angus McCoill Gromach there, Donald McSorle Vic Ean Due Ean, John Maklan Vic Wiliam in Bohintine, Chyme Chyle, John McConchy Vic Ean Vic Wiliam there, John Makland Duy vic Ean ther, Charles McSorle ther, Angus McConchie Vic Wiliam there, Donald McConchie Vic Wiliam there, James Reoch McDougal there, Angus Reoch McDougall, his son, there, Donald McEan Reoch Vic Dougal there, all subtennents to the said Coill McDonald dwelling on ther respective rooms and possessions, Angus McDonald in Bohintine, John Dow McAlaster Vc Ean there, Donald Dow McAlastar Vc Ean, his son, there, Angus McEan Vaine there, John McEan Vaine there, John McGilendrish there, Angus McEan there taylor, John McEan Vic Sorrell there, Duncan McCoill Duy Voire ther, Donald McRory there, Archibald McInnes Vic Coill Vic Allaster in Benachine, Donald McInnes Vic Coill Vic Alaster, his brother, there, Alaster McInnes Voire there, John McInnes there, John McCoill Vic Alaster Oig there, Angus McCoill Vic Alaster there, Allan McCoill Vic Alaster there, Duncan McEan Vic Ewan Reoch ther, Malcolm McCoill Vic Gillechallum there, Donald McCoill Vic Gillechallum, his brother, there, John McCoill Vaine there, Donald Dow McCoill Vaine there, Duncan Dow McCoill Vain, his brother there, all subtennents to the said Angus McDonald in Bohintine, Donald McRory Vic Allaster Vic Innes Roye, principal possessor of Blarnahinvine, Donald McEan Vic Coill there, John McEan Duy Vic Gilespick there, Donald Moire Vic Ean Duy Vig there, John McCoill Vic Ean Vic Coill there, Murdoch McPhersone, principall possessor of Bohasky, Allan McPherson there, Allan McEan Vic Innes there, Donald McPherson there, John McAllan there, Donald McSorrel Duy there, John McSorrell there, Alaster McAlaster Oig, head possessor in Renach, Neil More Vic Ean Vic Thomas there, Donald McNeil there, John McNeill there, Alexander McGillespick Roye there, Angus McAlaster Vic Innes Vic Roye there, Angus McAlaster Vic Alaster Oig there, Angus McDonald, head possessor in Tullich, Finlay McInnes Vic Finlay there, Donald Dow McConchie there, Farqwhair Moire Vic Ean Vic Farquhair there, Donald McEan Vic Ean Duy there, Wiliam McConchy Alaster there, Duncan McCairnam Delunderge, Paul MackChallum there, Alexander McInnes Vic Ean in Auchlaucherauch, John McInnes Vic Ean, his brother, there, Neill McSorrell there, John Dow McAllan there, Donald McAllan Vic Ean there, Angus McAllan Vic Ean there, John McEan Vic Innes in Rivoggy, Donald McInnes Vic Ean there, Donald McChallum Vic Phail there, Angus McInnes Vic Coill in Murgalan, John McCoill Vic Innes there, Alexander McAllan Vic Neill there, John McAllan Vic Neill there, John McAlaster Vic Conill there, Finlay McEan Vaine there, Alaster Moire McInnes Vore in Glen Glaster, Angus McEan Vic Neill there, Alaster McGilespick Vic Alaster there, Donald McAlaster Vic Coill Vic Alaster there, Donald McRobert Vic Coill Vic Innes there, Donald McPhadrick Vain in Callarick, John McAlaster Vic Conil Vic Alaster in Bohinnie, Angus Bain McEan Vic Coill in Auchvady, Donald Bain McEan Vic Coill, his son, there, Gillespick McGillespick Vic Alaster Vic Ean there, Alexander McDonald alias McCoill […], principal possessor of Inverroye Moire, Angus McDonald alias McAlaster Roye vic Ean, sometyme in Glenco, now in Glenehuncle, son to the deceast […] McDonald of Glenco and which Coll McDonald and hail persons forsaids were accordingly upon the nynteenth day of the said moneth of June denunced fugitives and outlaws. Wherupon Criminal Caption was Issued out against them upon the seventh of July last as the forsaid Deid of the Lords of the Lords of2 Justiciary with the Registrat Letters of Denunciation and Executions thereof with the Letters of Caption all produced Likewise with the said Petition more fully bears. And Seeing That by our Letter to the saids Lords of our privy Councill In reference to the Petitioners caice wee declared That it is below the Justice of our Government That any of our Loyall Subjects should be disappointed of the benefite of our Laws wee therfore required our saids Lords to fall upon methods for reducing the saids Rebells and repossessing the Petitioner in his said Lands and Estate, And Considering That no method can be more Effectuall for the saids Ends then the Renewing of the said Commission, It being the petitioners Lenity in not Executing the same hitherto in hopes of the said Coll McDonald and his accomplices there being reclaimed according to the professions and promises made that obstructed the same till now. And seeing The granting of such a Commission in the terms that the petitioner proposes the same is most suiteable to the Laws and practices of this realm in sua far as Primo It is observed by all that hes written upon our Laws, That in caices of Removal from Lands where Deits are removing and denunciationes thereon proves in Effectuall The Extraordinary remedy of Ejection and the reposessing the party manu militari or by Commission of fire and sword is practised according to the principles of the Common Laws allowing the Execution of all sentences by forcible Remedies where the ordinary remedies prove In Effectuall Secundo The Commission of Fire and Sword was formerly and most successfully granted to the petitioner against Sir Ewen Cameron of Lochzeald anno Jaj vic sixty Three Be vertue wherof The Petitioner came to peaceable posession of that part of his Estate illegally possest be him: And the Like Commission was Granted to Dumbar of Graine anno Jaj vic sixty seven against Robert Dumbar of Burgie be vertue whereof the said Robert was Ejected and Grainge putt in the peaceable possession of the house and estate of Burgie. Tertio The Petitioner craves not his petition to be renewed against any Indefinitely That were the accomplices of the said Jaj vic Mcdonald and his father in tymes past But such of them as are nominatim and per Expressum denounced Out-Laws and fugitives and duely registrat and under Caption as such ut supra and against the said Coll and such persons as shall adventure to associat them selves to him in opposition to the Execution of the said Commission or shall offer to resist the reposessing of the Petitioner in his saids Lands and Estate in the terms of the said first Comission swa that the petitioner proposed nothing by which honest or Innocent men may be prejudged, It being in power of our Leidges by not making opposition to secure themselves. Quarto The Governour and Garrison of Fort-William Being Kept by us on foot for rendring the Highlands more peaceable and orderly in obedience to our Laws. The petitioner humbly supposes the said Governour with so many of the said Garrison as he or the Commanding officer at our said Garrison for the tyme Being shall think fitt, might be reasonably Joined with the petitioner in the Commission Especialy considering that the Petitioner his Lands of Brae-Lochaber lyes within four or five miles of our said Garrison of Fort-Wiliam Therfore humbly Craving That our saids Lords of Privy Councill would be pleased to take the hail premisis to ther Consideration and by their deliverance upon the said petition To Renew the said Petitioners Commission of fire and sword To the said Governour or Commanding officer at Fort-Wiliam for the tyme being, And to the Petitioner himself and to the other persons given in, in List, with the said Petition for reposessing of the said Petitioner in his saids Lands and Estate and that against the said Coll Mcdonald and the particular persons above declared fugitives and outlaws and denounced ut supra, And such persons as shall associat themselves to him or Resist the Execution of the said Commission, And sicklike That in the termes of the Letters of Concurrance and Intercommuning produced with the said Bill and granted upon the forsaid first Commission. Our saids Lords of our privy Councill would be pleased to renew such like letters with a further prohibition against our Leiges that none of them presume to take possession of the Petitioners Lands in Brae-Lochaber or any pairt thereof in vice and place of the present usurping possessors without the petitioners speciall warrand under the pain of being Ejected by force of fire and sword, as the said Petition and Documents therein mentioned and produced to our saids Lords in themselves att more Length Bears. Under which Denomination and Intercommuning and outlawry aforsaid the said Coill McDonald and hail persones aforesaid hes ever since Lyen and abidden taking no Regaird thereof nor of our authority and Laws But in manifest Contempt thereof dayly and Continualy haunts frequents and Repairs to Kirk mercat and other publick places within this realm as if they were our free Leidges and yet by violence and oppression Keeps and detains the possession of the forsaid Lands without any Respect or Regaird to our Authority and to the evil Example and Encouragement of others to doe the Like in tyme Coming. For preventing thereof and vindicating our Authority from such high Contempt and for putting the said Lachlan McIntosh of that ilk his said legall diligence to due and full Executione. Wee with advice of the Lords of our privy Councill Have made and Constitute and by the tenor heirof Make and Constitute The said Lachlan McIntosh of that ilk, the said Governour or the Commanding officer att our said Garrison of Fort-William for the tyme Being, Ludovick Grant of that Ilk, John Grant of Clay-furrs sheriff Depute of Inverness, Duncan McPhersone of Clunie, Charles Farquarsone of Monaltrie, Patrick Grant of Rothiermurcus Angus McInosh younger of Killochie Mr William Mcintosh of Aberardour John Farquarson of Inercauld […] Shaw of Dell, Farquhart Makilurae of Duminaglash […] Alexander Shaw of Ginshich Donald Mcqueen of Corribrach, Alexander Shaw younger of Fordarrach William Mcintosh younger of Borlum Francis Farquharson of Fingon Malcolm Fraser of Culduthell, John Mcintosh younger of Holme, John Mcklean of Dochgamoch, George Monro of Culraine, Lachlan Mcintosh tutor of Dalmungie and Lauchlan McIntosh of Stron our Commissioners and Justices in that part to the Effect after specifiet Give and Grant and and3 Committ and to them Conjunctie and severallie our full power and Command Express bidding and chare to Convocate our Leidges in arms and to pass and search, seek, hunt, follow take apprehend Imprison or present to Justice and in caice of Resistance hostility or opposition to pursue to the death The said Coll McDonald and hail persons outlawers and fugitives aforesaid and such persons as shall associate themselves to him or the saids outlaweds or resist the Execution of this our Commission where ever they can be apprehended and if they or any of them for ther refuge shall happen to flee to houses or strengths, In that caice wee with Advice of our saids Lords gives full power and Commission to our saids Commissioners Conjunctlie and severallie as said is to pass persue and asseige the saids houses or strengths raise fire and use all force and warlike Engines that can be hade for winning and Recovering thereof and apprehending the said Coll McDonald and other outlaweds aforesaid and such persones as shall associat themselves to him or them or resist the Execution of this our Commission as Rebels and Traitors and if in persute of the saids Rebells, they resisting to be taken or asseidging the saids Strengths, or houses there shall happen slaughter, mutilation, fire raising, Destruction of corn or goods or other Inconveniency whatsomever to follow, Wee with advice forsaid Will and Grant and for us and our successors, Decerne and Declare That the same shall not be Impute as Crime nor offence to our saids Commissioners nor to the persons assisting them in the Execution of this our Commission, And that they nor none of them shall be called nor accused therefore criminally or civily in tyme coming Exonering Them thereof and of all punishment and danger that they or any of them shall happen to Incurr therthrough for Ever. And for the better Execution of this our Commission with power to our saids Commissioners Conjunctly and Severallie as said is and such persones our Leidges as shall be Convocat by them or shall be joyned with them to the Effect foresaid To bear, wear, and use swords, Hagbuts pistols and other warlike weapons in their going from their own houses to this our Service in the tyme that they are in the prosecution of the samen and in their return home to their houses, Prohibiteing heirby all our Leidges that none of them presume to take possession of the said Lachlan Mcintosh of that Ilk his saids Lands of Keppoch Glenroe, Glenspean or any of his Lands in Brae-Lochaber or any part thereof in vice and place of the present usurping possessors thereof without the said Lachlan Mcintosh his speciall warrand for that Effect, under the pain of being Ejected by force of fire and sword how soon and whensoever they shall be duely convict thereof, befor the saids Lords of our privy Councill and generally all and Sundry other things to doe use and Exerce which by the Law and Consuetude of this realm is Known to appertain firm and stable holding and for to hold all and whatsomever things shall be Laufullie done therein be our saids Commissioners or any of them And farder wee with advice Advice4 forsaid have taken and heirby take our saids Commissioners and such persons as shall assist Them in the Execution of this our Commission To stand and Endure ay and while the samen be discharged by us and our Councill. Our Wil is Herefore and wee charge yow Strictly and Command That Incontinent thir our Letters seen ye pass and in our name and authority make publication heirof be open proclamation at the mercat cross of Inverness head Burgh of the shire, within which the saids Lands lyes and other places needfull, That none may pretend Ignorance of the same and that ye command and charge all our Leidges to Reverence acknowledge and obey, Concurr with fortifie and assist our saids Commissioners and every one of them in all things tending to the Execution of this our Commission as they and ilk ane of them will be answerable upon their obedience and That yee prohibite all our Leidges that none of them presume to take possession of the said Lauchlan Mcintosh his Lands of Keppoch Glenroye Glenspean nor any other of his Lands in Brae-Lochaber or any pairt thereof in vice and place of the present usurping possessors without the said Lauchlan McIntosh his speciall warrand for that Effect under the pain of being Ejected by force of fire and Sword they being duely Convict thereof in manner abovementioned The whilk to doe wee committ to yow Conjunctlie and severallie our full power be thir our Letters delivering them by yow duely Execute and Indorsat again to the Bearer. Given under our Signet att Edinburgh the Twenty second of February and of our Reign the nynth year 1698. Sic subscribitur Marchmont Cancellar Tweddale Southerland, Leven, Annandale Ruglen Forbes, Carmichaell James Stewart Adam Cockburn Archibald Muire Boyle of Kelburn Patrick Murray.
This Commission is signet with the Councill signet Written upon the Back Thus, Att Edinburgh The 22d of February 1698. The Commission within writtin is Recorded in the Bookes of privy Council By me sic subscribitur Gilbert Eliot Cls: sti: Cons:.

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

A1698/2/331

Commission by the Council

Commission The Laird of McIntosh against McDonalds and others

William By the grace of God King of great Britain France and Ireland defender of the faith to our Lovites […] Macers of our privy Councill messengers att armes our sheriffs in that part Conjunctlie and Severallie specialy Constitute Greeting. Forasmuchas By a petition presented to the Lords of our privy Councill by Lachlan Mcintosh of that ilk Narrating That where the said Petitioner having obtained several Commissions of fire and sword from the Governments for the Tyme for Recovering possession of his Lands of Keppoch, Glenroe, Glenspean and his other Lands in the Braes of Lochaber from the deceast Archibald McDonald in Keppoch and from this Coll McDonald his son and that by force of arms in respect of their most Contumacious Slighting of the ordinary remedies provided by our Laws, as the Commission dated in September Jaj vic Eightie one years in the Reign of our Royall uncle King Charles the Second of ever blessed memory obtained against this Coll McDonald his said umquhill father and such as should become his accomplices in opposition to the Execution of the said Commission and another Act of privy Councill Renewing the said Comission against the said Coll MakDonald nominatim upon the death of his said Father dated the first day of March Jaj vic Eightie Eight years with the printed Letters of Intercommuning in the Reign of the Late King James against the said Coll MakDonald per expressum for his resisting the forsaid Commission anent the repossessing of the said petitioner and murthering of Captain McKenzie and some of the standing forces with diverse Gentlemen of the petitioners nearest Relations and followers by surprisall produced with the said Petition to the saids Lords of our privy Councill hes testified And Likewise that for the forsaids very Crimes he the said Coll McDonald was not only of new declared fugitive and out-law by sentence of the Lords Commissioners of Justiciary upon the fourteenth of June Last, But Likewise That the persons following as his accomplices were sicklike declared outlaws and fugitives Viz Ronald Alexander and Angus McDonalds his Brethren John Beagg Mckean Vic Innes in Keppoch Sorrell Beagg McKean Vic Innes his son there Donald Begg Mckean Vic Innes his son there Sorrel McCoil duie there Ewan MakConchy Vic Ean there Duncan Mcphail Vic Finlay there, Duncan MakConchy vig there, Angus McGrassick there, John McCoill Roye Vic Ean in Boliney, Angus McKean Vic Innes, John McInnes Vic Ean there, Dugald Mcvie Ean there, Duncan Mcvic Ean there Donald Pyper in Inveroy Beg, John McCoill vic Innes ther, Donald McCoill vic Innes his son there, Donald Begg McDugald there, Angus McCoill Oig Vic Coill there Angus McEan Vig there, John McWilliam Vic Ean Vig there, Ewen McAgone in Auchteir, Alexander McGillespick Vic Coill Vic Ean there, Duncan McEan Vic Innes, William McKean Vic Innes there, Angus McCoill Dow there, Donald McEan Vic Rory there, Duncan McConchie in Bohinnie Angus McCoill Roy there, Angus McConchie there, Dugald McInnes Vic Ean there, Angus McConchie there, Dugald McInnes Vic Ean there, John Reoch McSorle in Breakoch Dugald Reoch McSorle his son there, and Donald Reoch McSorle his son there, Angus McCoill Vic Ean Reoch In Aughvady, John McAlaster Vic Coill Vic Alaster Sorrell McCan Reoch Vic Sorrell Donald McConchy Oig ther Angus McInnes Roy ther, Angus McNeill Vore there, Angus McCoill Gromach there, Donald McSorle Vic Ean Due Ean, John Maklan Vic Wiliam in Bohintine, Chyme Chyle, John McConchy Vic Ean Vic Wiliam there, John Makland Duy vic Ean ther, Charles McSorle ther, Angus McConchie Vic Wiliam there, Donald McConchie Vic Wiliam there, James Reoch McDougal there, Angus Reoch McDougall, his son, there, Donald McEan Reoch Vic Dougal there, all subtennents to the said Coill McDonald dwelling on ther respective rooms and possessions, Angus McDonald in Bohintine, John Dow McAlaster Vc Ean there, Donald Dow McAlastar Vc Ean, his son, there, Angus McEan Vaine there, John McEan Vaine there, John McGilendrish there, Angus McEan there taylor, John McEan Vic Sorrell there, Duncan McCoill Duy Voire ther, Donald McRory there, Archibald McInnes Vic Coill Vic Allaster in Benachine, Donald McInnes Vic Coill Vic Alaster, his brother, there, Alaster McInnes Voire there, John McInnes there, John McCoill Vic Alaster Oig there, Angus McCoill Vic Alaster there, Allan McCoill Vic Alaster there, Duncan McEan Vic Ewan Reoch ther, Malcolm McCoill Vic Gillechallum there, Donald McCoill Vic Gillechallum, his brother, there, John McCoill Vaine there, Donald Dow McCoill Vaine there, Duncan Dow McCoill Vain, his brother there, all subtennents to the said Angus McDonald in Bohintine, Donald McRory Vic Allaster Vic Innes Roye, principal possessor of Blarnahinvine, Donald McEan Vic Coill there, John McEan Duy Vic Gilespick there, Donald Moire Vic Ean Duy Vig there, John McCoill Vic Ean Vic Coill there, Murdoch McPhersone, principall possessor of Bohasky, Allan McPherson there, Allan McEan Vic Innes there, Donald McPherson there, John McAllan there, Donald McSorrel Duy there, John McSorrell there, Alaster McAlaster Oig, head possessor in Renach, Neil More Vic Ean Vic Thomas there, Donald McNeil there, John McNeill there, Alexander McGillespick Roye there, Angus McAlaster Vic Innes Vic Roye there, Angus McAlaster Vic Alaster Oig there, Angus McDonald, head possessor in Tullich, Finlay McInnes Vic Finlay there, Donald Dow McConchie there, Farqwhair Moire Vic Ean Vic Farquhair there, Donald McEan Vic Ean Duy there, Wiliam McConchy Alaster there, Duncan McCairnam Delunderge, Paul MackChallum there, Alexander McInnes Vic Ean in Auchlaucherauch, John McInnes Vic Ean, his brother, there, Neill McSorrell there, John Dow McAllan there, Donald McAllan Vic Ean there, Angus McAllan Vic Ean there, John McEan Vic Innes in Rivoggy, Donald McInnes Vic Ean there, Donald McChallum Vic Phail there, Angus McInnes Vic Coill in Murgalan, John McCoill Vic Innes there, Alexander McAllan Vic Neill there, John McAllan Vic Neill there, John McAlaster Vic Conill there, Finlay McEan Vaine there, Alaster Moire McInnes Vore in Glen Glaster, Angus McEan Vic Neill there, Alaster McGilespick Vic Alaster there, Donald McAlaster Vic Coill Vic Alaster there, Donald McRobert Vic Coill Vic Innes there, Donald McPhadrick Vain in Callarick, John McAlaster Vic Conil Vic Alaster in Bohinnie, Angus Bain McEan Vic Coill in Auchvady, Donald Bain McEan Vic Coill, his son, there, Gillespick McGillespick Vic Alaster Vic Ean there, Alexander McDonald alias McCoill […], principal possessor of Inverroye Moire, Angus McDonald alias McAlaster Roye vic Ean, sometyme in Glenco, now in Glenehuncle, son to the deceast […] McDonald of Glenco and which Coll McDonald and hail persons forsaids were accordingly upon the nynteenth day of the said moneth of June denunced fugitives and outlaws. Wherupon Criminal Caption was Issued out against them upon the seventh of July last as the forsaid Deid of the Lords of the Lords of2 Justiciary with the Registrat Letters of Denunciation and Executions thereof with the Letters of Caption all produced Likewise with the said Petition more fully bears. And Seeing That by our Letter to the saids Lords of our privy Councill In reference to the Petitioners caice wee declared That it is below the Justice of our Government That any of our Loyall Subjects should be disappointed of the benefite of our Laws wee therfore required our saids Lords to fall upon methods for reducing the saids Rebells and repossessing the Petitioner in his said Lands and Estate, And Considering That no method can be more Effectuall for the saids Ends then the Renewing of the said Commission, It being the petitioners Lenity in not Executing the same hitherto in hopes of the said Coll McDonald and his accomplices there being reclaimed according to the professions and promises made that obstructed the same till now. And seeing The granting of such a Commission in the terms that the petitioner proposes the same is most suiteable to the Laws and practices of this realm in sua far as Primo It is observed by all that hes written upon our Laws, That in caices of Removal from Lands where Deits are removing and denunciationes thereon proves in Effectuall The Extraordinary remedy of Ejection and the reposessing the party manu militari or by Commission of fire and sword is practised according to the principles of the Common Laws allowing the Execution of all sentences by forcible Remedies where the ordinary remedies prove In Effectuall Secundo The Commission of Fire and Sword was formerly and most successfully granted to the petitioner against Sir Ewen Cameron of Lochzeald anno Jaj vic sixty Three Be vertue wherof The Petitioner came to peaceable posession of that part of his Estate illegally possest be him: And the Like Commission was Granted to Dumbar of Graine anno Jaj vic sixty seven against Robert Dumbar of Burgie be vertue whereof the said Robert was Ejected and Grainge putt in the peaceable possession of the house and estate of Burgie. Tertio The Petitioner craves not his petition to be renewed against any Indefinitely That were the accomplices of the said Jaj vic Mcdonald and his father in tymes past But such of them as are nominatim and per Expressum denounced Out-Laws and fugitives and duely registrat and under Caption as such ut supra and against the said Coll and such persons as shall adventure to associat them selves to him in opposition to the Execution of the said Commission or shall offer to resist the reposessing of the Petitioner in his saids Lands and Estate in the terms of the said first Comission swa that the petitioner proposed nothing by which honest or Innocent men may be prejudged, It being in power of our Leidges by not making opposition to secure themselves. Quarto The Governour and Garrison of Fort-William Being Kept by us on foot for rendring the Highlands more peaceable and orderly in obedience to our Laws. The petitioner humbly supposes the said Governour with so many of the said Garrison as he or the Commanding officer at our said Garrison for the tyme Being shall think fitt, might be reasonably Joined with the petitioner in the Commission Especialy considering that the Petitioner his Lands of Brae-Lochaber lyes within four or five miles of our said Garrison of Fort-Wiliam Therfore humbly Craving That our saids Lords of Privy Councill would be pleased to take the hail premisis to ther Consideration and by their deliverance upon the said petition To Renew the said Petitioners Commission of fire and sword To the said Governour or Commanding officer at Fort-Wiliam for the tyme being, And to the Petitioner himself and to the other persons given in, in List, with the said Petition for reposessing of the said Petitioner in his saids Lands and Estate and that against the said Coll Mcdonald and the particular persons above declared fugitives and outlaws and denounced ut supra, And such persons as shall associat themselves to him or Resist the Execution of the said Commission, And sicklike That in the termes of the Letters of Concurrance and Intercommuning produced with the said Bill and granted upon the forsaid first Commission. Our saids Lords of our privy Councill would be pleased to renew such like letters with a further prohibition against our Leiges that none of them presume to take possession of the Petitioners Lands in Brae-Lochaber or any pairt thereof in vice and place of the present usurping possessors without the petitioners speciall warrand under the pain of being Ejected by force of fire and sword, as the said Petition and Documents therein mentioned and produced to our saids Lords in themselves att more Length Bears. Under which Denomination and Intercommuning and outlawry aforsaid the said Coill McDonald and hail persones aforesaid hes ever since Lyen and abidden taking no Regaird thereof nor of our authority and Laws But in manifest Contempt thereof dayly and Continualy haunts frequents and Repairs to Kirk mercat and other publick places within this realm as if they were our free Leidges and yet by violence and oppression Keeps and detains the possession of the forsaid Lands without any Respect or Regaird to our Authority and to the evil Example and Encouragement of others to doe the Like in tyme Coming. For preventing thereof and vindicating our Authority from such high Contempt and for putting the said Lachlan McIntosh of that ilk his said legall diligence to due and full Executione. Wee with advice of the Lords of our privy Councill Have made and Constitute and by the tenor heirof Make and Constitute The said Lachlan McIntosh of that ilk, the said Governour or the Commanding officer att our said Garrison of Fort-William for the tyme Being, Ludovick Grant of that Ilk, John Grant of Clay-furrs sheriff Depute of Inverness, Duncan McPhersone of Clunie, Charles Farquarsone of Monaltrie, Patrick Grant of Rothiermurcus Angus McInosh younger of Killochie Mr William Mcintosh of Aberardour John Farquarson of Inercauld […] Shaw of Dell, Farquhart Makilurae of Duminaglash […] Alexander Shaw of Ginshich Donald Mcqueen of Corribrach, Alexander Shaw younger of Fordarrach William Mcintosh younger of Borlum Francis Farquharson of Fingon Malcolm Fraser of Culduthell, John Mcintosh younger of Holme, John Mcklean of Dochgamoch, George Monro of Culraine, Lachlan Mcintosh tutor of Dalmungie and Lauchlan McIntosh of Stron our Commissioners and Justices in that part to the Effect after specifiet Give and Grant and and3 Committ and to them Conjunctie and severallie our full power and Command Express bidding and chare to Convocate our Leidges in arms and to pass and search, seek, hunt, follow take apprehend Imprison or present to Justice and in caice of Resistance hostility or opposition to pursue to the death The said Coll McDonald and hail persons outlawers and fugitives aforesaid and such persons as shall associate themselves to him or the saids outlaweds or resist the Execution of this our Commission where ever they can be apprehended and if they or any of them for ther refuge shall happen to flee to houses or strengths, In that caice wee with Advice of our saids Lords gives full power and Commission to our saids Commissioners Conjunctlie and severallie as said is to pass persue and asseige the saids houses or strengths raise fire and use all force and warlike Engines that can be hade for winning and Recovering thereof and apprehending the said Coll McDonald and other outlaweds aforesaid and such persones as shall associat themselves to him or them or resist the Execution of this our Commission as Rebels and Traitors and if in persute of the saids Rebells, they resisting to be taken or asseidging the saids Strengths, or houses there shall happen slaughter, mutilation, fire raising, Destruction of corn or goods or other Inconveniency whatsomever to follow, Wee with advice forsaid Will and Grant and for us and our successors, Decerne and Declare That the same shall not be Impute as Crime nor offence to our saids Commissioners nor to the persons assisting them in the Execution of this our Commission, And that they nor none of them shall be called nor accused therefore criminally or civily in tyme coming Exonering Them thereof and of all punishment and danger that they or any of them shall happen to Incurr therthrough for Ever. And for the better Execution of this our Commission with power to our saids Commissioners Conjunctly and Severallie as said is and such persones our Leidges as shall be Convocat by them or shall be joyned with them to the Effect foresaid To bear, wear, and use swords, Hagbuts pistols and other warlike weapons in their going from their own houses to this our Service in the tyme that they are in the prosecution of the samen and in their return home to their houses, Prohibiteing heirby all our Leidges that none of them presume to take possession of the said Lachlan Mcintosh of that Ilk his saids Lands of Keppoch Glenroe, Glenspean or any of his Lands in Brae-Lochaber or any part thereof in vice and place of the present usurping possessors thereof without the said Lachlan Mcintosh his speciall warrand for that Effect, under the pain of being Ejected by force of fire and sword how soon and whensoever they shall be duely convict thereof, befor the saids Lords of our privy Councill and generally all and Sundry other things to doe use and Exerce which by the Law and Consuetude of this realm is Known to appertain firm and stable holding and for to hold all and whatsomever things shall be Laufullie done therein be our saids Commissioners or any of them And farder wee with advice Advice4 forsaid have taken and heirby take our saids Commissioners and such persons as shall assist Them in the Execution of this our Commission To stand and Endure ay and while the samen be discharged by us and our Councill. Our Wil is Herefore and wee charge yow Strictly and Command That Incontinent thir our Letters seen ye pass and in our name and authority make publication heirof be open proclamation at the mercat cross of Inverness head Burgh of the shire, within which the saids Lands lyes and other places needfull, That none may pretend Ignorance of the same and that ye command and charge all our Leidges to Reverence acknowledge and obey, Concurr with fortifie and assist our saids Commissioners and every one of them in all things tending to the Execution of this our Commission as they and ilk ane of them will be answerable upon their obedience and That yee prohibite all our Leidges that none of them presume to take possession of the said Lauchlan Mcintosh his Lands of Keppoch Glenroye Glenspean nor any other of his Lands in Brae-Lochaber or any pairt thereof in vice and place of the present usurping possessors without the said Lauchlan McIntosh his speciall warrand for that Effect under the pain of being Ejected by force of fire and Sword they being duely Convict thereof in manner abovementioned The whilk to doe wee committ to yow Conjunctlie and severallie our full power be thir our Letters delivering them by yow duely Execute and Indorsat again to the Bearer. Given under our Signet att Edinburgh the Twenty second of February and of our Reign the nynth year 1698. Sic subscribitur Marchmont Cancellar Tweddale Southerland, Leven, Annandale Ruglen Forbes, Carmichaell James Stewart Adam Cockburn Archibald Muire Boyle of Kelburn Patrick Murray.
This Commission is signet with the Councill signet Written upon the Back Thus, Att Edinburgh The 22d of February 1698. The Commission within writtin is Recorded in the Bookes of privy Council By me sic subscribitur Gilbert Eliot Cls: sti: Cons:.

1. NRS, PC1/51, 370-7.

2. Sic.

3. Sic.

4. Sic.

1. NRS, PC1/51, 370-7.

2. Sic.

3. Sic.

4. Sic.