Order, 6 January 1704, Edinburgh

Procedure, 19 December 1704, Edinburgh

Att Edinburgh the sixth of January one Thousand seven hundereth and four years

A1704/1/101

Order

Order Appointing the Chiftains of Highland Clands to give Bond And finding Inland caution for keeping the pace

Sir James Steuart Her Majesties Advocat Haveing given into the Councill The Memoriall underwrittin anent the Highland Chiftian’s Clanns and Land Lords in the High Lands The Councill Approves therof and appoints the draught off the Bond marked by the Duck of Queensberrie that was to be given by the Highland Clanns off the date the Tuenty fyfth off March Jaj vjc and nynty six To be transcribed and given by them now And appoints them to be citted To Compeir at Edinburgh under the Certificationes Contained in the Memmoriall To give the saids Bonds and find sufficient Inland Caution acted in the books off privie Councill att Edinburgh and remitts to the former Committee appoynted therannent to make up the Lists of the Chiftans and Clanns to be Contained in the Letters off Councill to be directed against them and the day of their Compeirance Togither with the number off the Clanns that are to be citted at one tyme off the which Memmoriall the tennor followe’s I have reviewed the Acts off parliament made for quieting and preserving pace and good order in the Highlands which are the 92, 93, and 94 Acts, parliament 11th James 6th and the Act 227 James 6th Parliament 14th and others made at that tyme and which are all by the 39th Act off the parliament 1693, transferred and extended to the caice of the publict pace and for preservation therof As also the proceedings that wer made in the year 1696, By the Lords of privie Councill upon the saids Acts for secureing the publict pace And doe find the forme of the Letters then Directed to be sufficient and very proper for the present occasione soe that they may be instantly renewed mutatis mutandis and bearring the same clause of protection therin contained only the Certefication off the Letters may be a little extended according to the import of the Law and as was done by the Councill in the year 1681, on the Lyke occasion Viz with certefication to them iff they failzie they shall be repute and held to be persones disaffected and and2 Enemies to our Government and our other Letters shall be direct furth to put them to our home and therupon to cause apprehend them By Caption As lykewayes if they persist in their said Rebellion to intercommun them and to raise Letters of fire and sword againest them according to Justice As for the Bond of Caution that they are to grant the same was also at that tyme adjusted and the pain therof was intended to be pecuniall as the Councill should arbitrat with regaird to the particular persones and their respective Estates and that by and attour performance as the draughts of the Bond doe bear But there was then tuo drawghts made the one attested on the back by the Duke of Queensberrie and the other by the Duke of Argyle And the second Draught differs from the first Because it only relates to the publict pace and founds principallie upon the forsaid Act of Entension made in the year 1693, But the first draught comprehends boeth the pace and good order off the Highlands and lykewayes the publict pace and appears to be better founded in the Acts of parliament boeth old and new And more aggreeable to Law And therfore as thought this first draught off the 25th March 1696 may still be made use off It is suggested If those to be Chairged might not be allowed to find Caution in the termes prescribed befoir Brigadeir Maitland or the Laird of Grant or whom els The Councill shall think fit Because It may be a great trouble to these concerned and they may pretend Excuses why they should not come to Edinburgh But others are off opinion that the list being restricted to such persones only as may be thought necessary necessary3 to be Chairged It will be to better purpose and more effectuall to Chairge them to Compeir att Edinburgh As hath been most ordinarly practised where the Councill may boath modefie the pain and be satisfied off the sufficiencie off the Caution And protection from Civill debts set doun in the Letters was one purpose to remove that Excuse And is founded upon the Nynth act off parliament 1681, And the Exception therin Contained and iff the Committee please this Act off parliament may also be mentioned in the Letters As for the List of those to be Charged It is drawen up by the Lords Justice Clerk, and Aberuchill and by them refferre’d to the Committee to be Enlarged or lessned or otherwayes altered. Livetennent Generall Ramsay Did Lykewayes put in my hand a short Memmorandum of particulars for the use off the Forces. And this whole matter is submitted to the Committee to be farder prepared for the Councill as they shall think Fitt

Att Edinburgh the sixth of January one Thousand seven hundereth and four years

A1704/1/101

Order

Order Appointing the Chiftains of Highland Clands to give Bond And finding Inland caution for keeping the pace

Sir James Steuart Her Majesties Advocat Haveing given into the Councill The Memoriall underwrittin anent the Highland Chiftian’s Clanns and Land Lords in the High Lands The Councill Approves therof and appoints the draught off the Bond marked by the Duck of Queensberrie that was to be given by the Highland Clanns off the date the Tuenty fyfth off March Jaj vjc and nynty six To be transcribed and given by them now And appoints them to be citted To Compeir at Edinburgh under the Certificationes Contained in the Memmoriall To give the saids Bonds and find sufficient Inland Caution acted in the books off privie Councill att Edinburgh and remitts to the former Committee appoynted therannent to make up the Lists of the Chiftans and Clanns to be Contained in the Letters off Councill to be directed against them and the day of their Compeirance Togither with the number off the Clanns that are to be citted at one tyme off the which Memmoriall the tennor followe’s I have reviewed the Acts off parliament made for quieting and preserving pace and good order in the Highlands which are the 92, 93, and 94 Acts, parliament 11th James 6th and the Act 227 James 6th Parliament 14th and others made at that tyme and which are all by the 39th Act off the parliament 1693, transferred and extended to the caice of the publict pace and for preservation therof As also the proceedings that wer made in the year 1696, By the Lords of privie Councill upon the saids Acts for secureing the publict pace And doe find the forme of the Letters then Directed to be sufficient and very proper for the present occasione soe that they may be instantly renewed mutatis mutandis and bearring the same clause of protection therin contained only the Certefication off the Letters may be a little extended according to the import of the Law and as was done by the Councill in the year 1681, on the Lyke occasion Viz with certefication to them iff they failzie they shall be repute and held to be persones disaffected and and2 Enemies to our Government and our other Letters shall be direct furth to put them to our home and therupon to cause apprehend them By Caption As lykewayes if they persist in their said Rebellion to intercommun them and to raise Letters of fire and sword againest them according to Justice As for the Bond of Caution that they are to grant the same was also at that tyme adjusted and the pain therof was intended to be pecuniall as the Councill should arbitrat with regaird to the particular persones and their respective Estates and that by and attour performance as the draughts of the Bond doe bear But there was then tuo drawghts made the one attested on the back by the Duke of Queensberrie and the other by the Duke of Argyle And the second Draught differs from the first Because it only relates to the publict pace and founds principallie upon the forsaid Act of Entension made in the year 1693, But the first draught comprehends boeth the pace and good order off the Highlands and lykewayes the publict pace and appears to be better founded in the Acts of parliament boeth old and new And more aggreeable to Law And therfore as thought this first draught off the 25th March 1696 may still be made use off It is suggested If those to be Chairged might not be allowed to find Caution in the termes prescribed befoir Brigadeir Maitland or the Laird of Grant or whom els The Councill shall think fit Because It may be a great trouble to these concerned and they may pretend Excuses why they should not come to Edinburgh But others are off opinion that the list being restricted to such persones only as may be thought necessary necessary3 to be Chairged It will be to better purpose and more effectuall to Chairge them to Compeir att Edinburgh As hath been most ordinarly practised where the Councill may boath modefie the pain and be satisfied off the sufficiencie off the Caution And protection from Civill debts set doun in the Letters was one purpose to remove that Excuse And is founded upon the Nynth act off parliament 1681, And the Exception therin Contained and iff the Committee please this Act off parliament may also be mentioned in the Letters As for the List of those to be Charged It is drawen up by the Lords Justice Clerk, and Aberuchill and by them refferre’d to the Committee to be Enlarged or lessned or otherwayes altered. Livetennent Generall Ramsay Did Lykewayes put in my hand a short Memmorandum of particulars for the use off the Forces. And this whole matter is submitted to the Committee to be farder prepared for the Councill as they shall think Fitt

1. NRS, PC1/53, 110-12.

2. Sic.

3. Sic.

1. NRS, PC1/53, 110-12.

2. Sic.

3. Sic.