Commission by the Council, 27 September 1703, Edinburgh

Act, 28 December 1703, Edinburgh

Att Holyruidhouse The Twentie seventh day of September Jaj vijc and thrie years

A1703/9/301

Commission by the Council

Commission of Fyre and Sword The Lady Lovat against Captain Simion Fraser of Beaufort

Commission of Fyre and Sword at the Instance of Lady Emilia Douager of Lovit against Captain Simion Fraser of Beaufort being Read the Samen was Signed by a quorum of the Councill and ordered to be Recorded, per a double as use is Whereof the tenor followes.
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 out Shirriffs in that part Conjunctllie and Severallie Specially Constitute; And to all and Sundrie our Loyall and Loveing Subjects whom it effeirs Greeting Forasmuchas by ane petition presented to our high Commissioner and the Lords of our privy Councill by Emilia Lady Dowager of Lovat Makeing Mention That Captain Simion Fraser of Beaufort being denunced Rebell and intercomuned at the said petitioners instance upon the Sixteinth day of March Jaj vjc and two years. At the Marcat cross of Invernes and upon the Seventeinth day of February preceeding at the marcat cross of Edinburgh for a most horid and abominable Cryme Committed upon the said petitioners person which is nottour to the wholl nation Wherupon he the said Captain Simion Fraser haveing Fledd out of this kingdome escaped the hand of Justice; yet has now adventured to returne to that place wher his villany was Committed in Contempt of authority and the Justice of the Nation And Therfore Humbly Craveing That according to Justice and Law, and Justice in Such caices our said Commissioner and Lords of our privy Councill would be pleased to grant and direct ane Commission of Fyre and Sword against the said Captain Simeon Fraser ane intercomuned Rebell and his associats To the Commander of our Forces Shirriffs of the Shires of Innerness and Ross and their deputs and such other persones as our said high Commissioner and Lords of our privy Councill Should think fitt to name As the said petition Letters of Intercomuneing therinmentioned and executiones therof produced and Read in presence of our said high Commissioner and Lords of our privy Councill at more length bears Under Which Denunciatione Intercomuneing and outlawrie forsaid, The said Captain Simion Fraser hath ever since Lyen and abidden takeing no regaird therof nor of our authority and Lawes, But in Manifast contempt of the same dayly and continually haunts frequents and repairs to Kirk Marcat and other publict places within this realme as if he were our free Leidge to the evill example and encouradgment of others to doe the Like in time comeing For preventing wherof and vindicating our authority from such high Contempt Wee with advice of our said high Commissioner and the Lords of our privy Councill Have Made and Constitute And by the tenor hereof Make and Constitute The Shirriffs of the Shirrifdomes of Ross, Innerness, Nairn Murray Pearth and Angus and their respective deputes and such of the heritors within the saids Shyres whom they shall call to their aid and assistance in executeing the said Commission As Also all the officers of our Forces and the Souldiers under their Command and particularly Brigadeer James Maitland Governour of Fort William, Captain William Grant Captain of one of the Independent Companies and the officers and Souldiers under their Commands Respective our Commissioners and Justices in that part to the effect afterspecified Giveing Granting and Committing to them and each of them Conjunctllie and Severallie our full power and Command express bedding and Charge To Convocat our Leidges in armes and to pass and search for seek follow take and apprehend Imprison or present to Justice; And in caice of Resistance Hostility or opposition To pursue to the death The said Captain Simion Fraser Outlawed and fugative forsaid And such persones as shall associat themselves to him And resist the execution of this our Commission Wher ever he can be apprehended, And if the said Captain Simion Fraser and these who shall associat themselves with him in opposition to this Commission shall for his or their refuge happen to flee to houses or Streanths in that caice Wee with advice forsaid Give full power and Commission to our saids Commissioners Conjunctllie and Severallie as said is to pass pursue and asseige the saids houses or Streanths Raise Fyre and use all force and warrlyke Engynes That can be made for winning and recovering therof and apprehending the said Captain Simion Fraser and Such persones as shall associat themselves to him in resisting the execution of this Commission as Rebells and Traytors; and if in persuit of the saids Rebells, They resisting be taken or in asseidging the saids Streanths or housses ther shall happen Slaughter Muttilation Fyre raiseing destruction of Cornes or goods or other inconveniencies whatsomever to follow; Wee with advice forsaid; Will and Grant for us and2 our Successors Decerne and Declare That the Same Shall not be Imputed or Charged as any Crime or offence to our saids Commissioners Nor to the persuers assisting them in the execution of this our Commission And that they nor non of them Shall be called or accused therfore Criminally or Civilly in time comeing Exonering them and each of them therof and of all punishment and danger that they or any of them shall happen to incurr ther throw for ever, And for the better execution of this our Commission; With power to our said Commissioners Conjunctllie 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 forsaid To Bear wear and use Swords Hackbutts Pistolls and other warrlyke Weapons in their goeing from their oun housses to this our Service In the time that they are in the prosecution of the Samen, And in their returne home to theirs saids housses, And generally all and Sundrie other things to doe use and exerce which to the execution of such Commissiones by the Law and consuetude of this realme is knowen to appertaine Firme and Stable holding 3 and for to hold all and whatsomever things shall be Lawfully done therin by our saids Commissioners or any of them and this our said Commission is hereby Declared to Stand and endure ay and whill the Samen Shall be Discharged by us and the Lords of our privy Councill Our Will is Herefore and wee Charge yow Strictly and Command That incontinent these our Letters seen yee pass and in our name and authoritie Make publication hereof By open proclamation at the Marcat crosses of the head burghs of the Shirriffdomes of Ross Innernes Nairn, Murray Pearth and Angus and other places needfull That non may pretend Ignorance of the Same and that yee Command and Charge all our Leidges to reverrence acknowledg 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 highest perill The Which to doe wee Committ to yow Conjunctllie and Severallie our full power by thir our Letters delyvering them by yow duely execute and indorsed again to the bearer Given under our Signet at Edinburgh the Twenty Seventh day of September and of our Reign the Second year 1703 Sic Subscribitur Seafeild Cancellar Atholl cp:s: Mar. Galloway Loudoun Forfar J Lintone Dunmore Rosebery Glasgow, Forbes, James Murray F Montgomry. This Commission is Signet with the Councill Signet And wryten on the back Thus, Att Edinburgh the Twenty Seventh day of September Jaj vijc and thrie years The Commission within wryten Is Recorded in the books of privy Councill by me Sic Subscribitur Gilb: Eliot Cls Sti Cons:.

Att Holyruidhouse The Twentie seventh day of September Jaj vijc and thrie years

A1703/9/301

Commission by the Council

Commission of Fyre and Sword The Lady Lovat against Captain Simion Fraser of Beaufort

Commission of Fyre and Sword at the Instance of Lady Emilia Douager of Lovit against Captain Simion Fraser of Beaufort being Read the Samen was Signed by a quorum of the Councill and ordered to be Recorded, per a double as use is Whereof the tenor followes.
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 out Shirriffs in that part Conjunctllie and Severallie Specially Constitute; And to all and Sundrie our Loyall and Loveing Subjects whom it effeirs Greeting Forasmuchas by ane petition presented to our high Commissioner and the Lords of our privy Councill by Emilia Lady Dowager of Lovat Makeing Mention That Captain Simion Fraser of Beaufort being denunced Rebell and intercomuned at the said petitioners instance upon the Sixteinth day of March Jaj vjc and two years. At the Marcat cross of Invernes and upon the Seventeinth day of February preceeding at the marcat cross of Edinburgh for a most horid and abominable Cryme Committed upon the said petitioners person which is nottour to the wholl nation Wherupon he the said Captain Simion Fraser haveing Fledd out of this kingdome escaped the hand of Justice; yet has now adventured to returne to that place wher his villany was Committed in Contempt of authority and the Justice of the Nation And Therfore Humbly Craveing That according to Justice and Law, and Justice in Such caices our said Commissioner and Lords of our privy Councill would be pleased to grant and direct ane Commission of Fyre and Sword against the said Captain Simeon Fraser ane intercomuned Rebell and his associats To the Commander of our Forces Shirriffs of the Shires of Innerness and Ross and their deputs and such other persones as our said high Commissioner and Lords of our privy Councill Should think fitt to name As the said petition Letters of Intercomuneing therinmentioned and executiones therof produced and Read in presence of our said high Commissioner and Lords of our privy Councill at more length bears Under Which Denunciatione Intercomuneing and outlawrie forsaid, The said Captain Simion Fraser hath ever since Lyen and abidden takeing no regaird therof nor of our authority and Lawes, But in Manifast contempt of the same dayly and continually haunts frequents and repairs to Kirk Marcat and other publict places within this realme as if he were our free Leidge to the evill example and encouradgment of others to doe the Like in time comeing For preventing wherof and vindicating our authority from such high Contempt Wee with advice of our said high Commissioner and the Lords of our privy Councill Have Made and Constitute And by the tenor hereof Make and Constitute The Shirriffs of the Shirrifdomes of Ross, Innerness, Nairn Murray Pearth and Angus and their respective deputes and such of the heritors within the saids Shyres whom they shall call to their aid and assistance in executeing the said Commission As Also all the officers of our Forces and the Souldiers under their Command and particularly Brigadeer James Maitland Governour of Fort William, Captain William Grant Captain of one of the Independent Companies and the officers and Souldiers under their Commands Respective our Commissioners and Justices in that part to the effect afterspecified Giveing Granting and Committing to them and each of them Conjunctllie and Severallie our full power and Command express bedding and Charge To Convocat our Leidges in armes and to pass and search for seek follow take and apprehend Imprison or present to Justice; And in caice of Resistance Hostility or opposition To pursue to the death The said Captain Simion Fraser Outlawed and fugative forsaid And such persones as shall associat themselves to him And resist the execution of this our Commission Wher ever he can be apprehended, And if the said Captain Simion Fraser and these who shall associat themselves with him in opposition to this Commission shall for his or their refuge happen to flee to houses or Streanths in that caice Wee with advice forsaid Give full power and Commission to our saids Commissioners Conjunctllie and Severallie as said is to pass pursue and asseige the saids houses or Streanths Raise Fyre and use all force and warrlyke Engynes That can be made for winning and recovering therof and apprehending the said Captain Simion Fraser and Such persones as shall associat themselves to him in resisting the execution of this Commission as Rebells and Traytors; and if in persuit of the saids Rebells, They resisting be taken or in asseidging the saids Streanths or housses ther shall happen Slaughter Muttilation Fyre raiseing destruction of Cornes or goods or other inconveniencies whatsomever to follow; Wee with advice forsaid; Will and Grant for us and2 our Successors Decerne and Declare That the Same Shall not be Imputed or Charged as any Crime or offence to our saids Commissioners Nor to the persuers assisting them in the execution of this our Commission And that they nor non of them Shall be called or accused therfore Criminally or Civilly in time comeing Exonering them and each of them therof and of all punishment and danger that they or any of them shall happen to incurr ther throw for ever, And for the better execution of this our Commission; With power to our said Commissioners Conjunctllie 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 forsaid To Bear wear and use Swords Hackbutts Pistolls and other warrlyke Weapons in their goeing from their oun housses to this our Service In the time that they are in the prosecution of the Samen, And in their returne home to theirs saids housses, And generally all and Sundrie other things to doe use and exerce which to the execution of such Commissiones by the Law and consuetude of this realme is knowen to appertaine Firme and Stable holding 3 and for to hold all and whatsomever things shall be Lawfully done therin by our saids Commissioners or any of them and this our said Commission is hereby Declared to Stand and endure ay and whill the Samen Shall be Discharged by us and the Lords of our privy Councill Our Will is Herefore and wee Charge yow Strictly and Command That incontinent these our Letters seen yee pass and in our name and authoritie Make publication hereof By open proclamation at the Marcat crosses of the head burghs of the Shirriffdomes of Ross Innernes Nairn, Murray Pearth and Angus and other places needfull That non may pretend Ignorance of the Same and that yee Command and Charge all our Leidges to reverrence acknowledg 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 highest perill The Which to doe wee Committ to yow Conjunctllie and Severallie our full power by thir our Letters delyvering them by yow duely execute and indorsed again to the bearer Given under our Signet at Edinburgh the Twenty Seventh day of September and of our Reign the Second year 1703 Sic Subscribitur Seafeild Cancellar Atholl cp:s: Mar. Galloway Loudoun Forfar J Lintone Dunmore Rosebery Glasgow, Forbes, James Murray F Montgomry. This Commission is Signet with the Councill Signet And wryten on the back Thus, Att Edinburgh the Twenty Seventh day of September Jaj vijc and thrie years The Commission within wryten Is Recorded in the books of privy Councill by me Sic Subscribitur Gilb: Eliot Cls Sti Cons:.

1. NRS, PC1/53, 54-8.

2. The word ‘all’ scored out here.

3. The words ‘is knowen to appertain’ have been scored out at this point in the MS.

1. NRS, PC1/53, 54-8.

2. The word ‘all’ scored out here.

3. The words ‘is knowen to appertain’ have been scored out at this point in the MS.