Procedure, 28 December 1703, Edinburgh

Act, 28 December 1703, Edinburgh

Edinburgh the Twentie Eight day of December, Jaj vijc and thrie years

A1703/12/231

Procedure

[Committee anent embassies from France]

The Committie of Councill appointed upon her Majesties Letter to take tryall of the discoveries and ill practises caried on by Emissaries from France against the Government haveing Reported to the Councill that they hade called before them and examined Captain Neill McCleod and Charles McKinnen and that they hade ane declaration which was Read in Councill; And two Coppies therof signed by the president of Councill for the time, ordered to be transmitted to the two Secretaries Which was accordingly done.
Followes Captain Neill McCleod his declaration and the sederunt of the Committie.
Edinburgh 28 December 1703
Sederunt The Earle of Loudoun elected preses, The Earle of Northesk and the Earl of Glasgow; The Lord President of Session; The Lord Register; The Lord Advocat; The Lord Justice Clerk; Mr Francis Montgomry; Livetenent Generall Ramsay and Sir Robert Sinclar as the Committie of Councill for enquyreing into evil practises and practisers against the Government.
Wher appeared Captain Neill McCleod prisoner who being interrogate Declared as followes That being in Edinburgh in the Moneth of July last he received a letter from Captain Simion Fraser sent by his servant who said his master and he were come from Hannover Wherupon he went and mett with Captain Simion at Durehame in England and their Captain Simion told him that he was come from France, And that he had been with the King of France who was very kind to him and promised to give him a Considerable Soume of money in order to raise ane Insurrection in Scotland, Bot that Sir Alexander McClean of Otter getting nottice of it; had told the Queen Dowager to the late King of England; And that Captain Simion was not a man to be entrusted with such a soume of money, Wherupon the said Queen Dowager went to the King of France and put a Stopt to the giveing of the said money Bot that the said King Ordered him a Soume to bear his Charges and that the Declarant saw Captain Simion have both gold and Silver to the value of Fourtie or Fiftie pounds Sterling Which he said he gott from the French King and that Captiain Simion told him ther was a Corrospondence betwixt St German in France and Scotland; and that the same was keept with the Duke of Atholl the Duke of Hamilton and the Earle of Cromartie and that the said intelligence was keept up for the Earle of Cromartie by one Mckenzie at Paris whom he hade Caused to be put in prison; and the declarant being interrogate if Captain Simion gave him any reason of his knowledge of the said Correspondence or wherfore he Caused the said Mckenzie to be Imprisoned in France for keeping the said intelligence He said that the Captain told him no more Save as above But that he also told him ane invasion from France was designed, and that very quickly and that he was sent hom with encouradgment from the King of France to procure ane insurrection and promises were made to him of both men,2 money, and armes Bot that it was not expected that he should first bring assurances in writting in Scotland for which end he was goeing to the North to speak with freinds and that one Captain John Murray brother to Abercairny was sent allong with him from France to be ane assistant and witnes to his behaviour and that the said Captain John Murray and Captain Patrick Grahame came with him from France But Captain John Murray and Captain Grahame were gone into Scotland before the declarant did meet with Captain Simion at Durhame, And the Declarant being interrogate If Captain Simion told what number of man or quantitie of money or armes were promised to wher and when and in what maner the descent should be: Declares that Captain Simion told him no more but as above; and that Captain Simion being desireous to speak with the Earle of Levin sent a Letter to the Earle and another to the late Duke of Argyll by his servant, and that the Declarant and Major Fraser who came along with Captain Simeon and the Said Servant came togither to Edinburgh and the Letter was delyvered to the Earle of Leven But the Earle Saying that he could give no answer till he spock to the Commissioner the Servant went away and Major Fraser Stayed for the answer He also Declares that by Captain Simions order he told the Earle of Leven that he wanted money And the Earle answered that if Captain Simion would make any discovery for the service of the Government he would speak to the Commissioner to give him some money on the Queens accompt, and therafter the declarant and Captain John Murray after some dayes attendance went with Glenderule in Company and delyvered the Earles returne to Captain Simion at the Kirk of Shotts as he was returning from Argyll Shyre wher he said he hade been and hade left Major Fraser ther and then the declarant and also told him that the Duke of Argyll could not meett with him untill he returned from Chirtoun and that Captain Simion went again to meett with the Duke of Argyll and mett him at Oullerhaughead; And the declarant being interrogate if he hade seen or knew the Contents of the Earle of Levens Letter to Captain Simion Declared he knowes them not Bot that he being returned to Edinburgh went therafter with Captain Simions brother and the said Captain John Murray and mett Captain Simion and Major Fraser at Ridpeth thrie or four mylles beyond Lauder wher Some of them Stayed with him four or fyve dayes; But the Declarant came back the nixt day and Captain John Murray and Captain Simion appointed to meett at the house of Stewart of Appin Lykeas John Murray told him therafter that he came to Appin and must both Captain Simion and Appin bot that Appin wes gone away half ane hour before to meett with Lochell and that Captain Murray followed and overtook him and they both went and mett with old Lochell at a Ferrie syde and Stayed with him all night Bot the declarant haveing in that time returned to Edinburgh gott a pass from the Commissioner to Captain Simion and went and mett him with it at a place about thrie mylles to the South of the kirk of Shotts and then Captain Simion came to Edinburgh towards the end of September and wes with the Earle of Leven and with the Commissioner, But the declarant was not present at their meetting nor knowes what past: Bot Captain Simion goeing again to the Highlands the declarant gott from the Commissioner Two Hundred pounds Sterling in Bank Notes wherof he turned a part into Gold at the Bank office and with the Gold and money went beyond Stirling to Balhadies and Captain John Murray with him wher they dyned at Balhadies house after which he did not see Captain John Murray and that he gott the said two Hundred pound from the Commissioner Some dayes before his Grace parted for England And declares that Captain Simion told him that while in the Highlands he hade mett with Lochell elder and younger and Appin and with one called the Laird of Mcgregor and they gave him all acknowledgment for ane invasion and Appin promised Severall thousands of men and that it was said to him that Glengary was to be sent to France by the Duke of Atholl and the Duke of Hamiltoune and either of that faction And the declarant being Interrogate If Captain Simion gave him any reason of his knowledge Declares he gave him non, bot that he heard it in the Highlands, And Farder Declares that Captain Simon wes to goe from Balheedies to meett with the Lord Drummond at Castle Drummond and that when he the declarant was returning from Balheedies, He mett the Lord Drummond upon the Road and told him of Captain Simion goeing to meett with him; And that the Lord Drummond said he could Send a footman to advertise him of his comeing that when Captain Simion was returned to Edinburgh after the Commissioner was gone he told the Declarant he hade been with My Lord Drummond and that therafter he went and Saw the Earle of Brodalbine, And being Interrogate if he Saw any other person ther And what hade past betwixt them; Diclares that Captain Simion said he Saw non else except Servants and that he told him him3 not what past betwixt the Lord Drummond and him But said that Brodalbine refused to midle, Bot would wait and See how matters went. That about ten dayes after the Commissioner wees gone Captain Simion went to England and the Diclarant went with him And that Major Fraser did also goe away with him That at parting Captain Simion Setled a Corrospondence with the Declarant how they should writ to one another; And that Captain Simion Should address his Letters to him by adressing them to Major Corbet with a particular mark by which he was to take them up at the post house as he did without acquainting Major Corbet Bot he received only4 one letter which he had not, Bot that it contained nothing Save that Captain Simion was goeing for Holland; And they also agreed that the declarant should writt to Captain Simon by directing to Mr Thomas Clerk appothecary in Watlin Street London; And that he hade only wrote one to Captain Simion about his privat affairs. That Captain Simion told him also at parting that the Duke of Atholl and Duke of Hamilton had dispatched Captain James Murray brother to the Laird of Stenhope to the Court of France to discredit Captain Simion And Captain Simion told him that he hade brought a Letter from Queen Douger to the Duke of Gordon who delyvered to Captain John Murray who told him the declarant he hade delyvered it to the Duke But the Duke refused to see or speak with Captain Simion; The Declarant Did Farder affirme That when Captain Simion Stayed in Edinburgh Some dayes before his goeing to England he stayed in his house and Glenderule did frequently visite him, and he hath reason to believe that Glenderule knowes as much of Captain Simions affairs in Scotland or else wher as he doeth; He also adds that Captain John Murray did Like wayes severall times visit Captain Simion at his house, And that Captain John told the declarant that he had Letters from Captain SImion for the Countesses of Erroll and Seaforth and that he had delyvered the Letter to the Countes of Erroll Bot that the Young Countes of Seaforth was at the time in the North and Captain John Murray could not tell whither these Letters were from Captain Simion himself or only Committed to his trust, The declarant farder adds That Captain Simion told him that when he was with Lochell and Appin they told him that ther was a designe to send Allan Cameron Lochells sone who was Livetenent to Captain Grant to the Court of France to give ane accompt of the Condition of matters in Scotland, And this declaration wryten on this and the two preceeding pages The said Captain Neill Mccleod Declares to be of Treuth and that he is ready to affirme the Same by his great oath when he shall be required. Sic Subscribitur Neill Macleod Loudoun Ipd
Followes Charles Mckinnon his declaration taken before the Committy5

Sederunt The Earl of Loudoun elected preces. The Earles of Northesk and Glasgow; The Lord President of Session, Register Lord Advocat, Justice Clerk Mr Francis Montgomry Livetenent Genall George Ramsay and Stivenson As the Committie of Councill for enquyring into evill practises against the government and practises therof.
Compeared Charles Mckinnon who Declare about the Latter end of August as the declarant went by order of the Duke of Argyll to Shirtoune, He alighting at a Changehouse ane myll beyodn Longthramlingtoune found Captain Simion Fraser accidentally ther; And a person whom Captain Simion Fraser called Major Fraser with him but whom the Declarant did not know and that Captain Simion told the Declarant that he hande come from France And that he heede encouradgments given them their, And that he intended to goe for Scotland and visit some of his North-Countrey freinds if he could gett it done with Safety, And the Declarant Sayes he stayed only with him thrie hours, from Eleven to two of the Cloak in the afternoon dureing which time they dinned togither, and that the declarant hade not Seen Captain Simion for four years before that time; Nor did he see him since; And Declares that he never accquainted the Duke of Argyll that he hade seen Captain Simion; Nor heard that the Duke knew of Captain Simions being their; And beign Interrogate if Captain Simion gave the Declarant any accompt what were the encouradgments he hade in France, Declares that he never gave him any account save whats above; and the declaration above wryten the said Charles McKinnen Delcares to be the truth, And that he is Ready to affirme the same by his great Oath when he shall be requyred Sic Subscribitur Cha: McKinnen Loudoun I:P:D:.

Edinburgh the Twentie Eight day of December, Jaj vijc and thrie years

A1703/12/231

Procedure

[Committee anent embassies from France]

The Committie of Councill appointed upon her Majesties Letter to take tryall of the discoveries and ill practises caried on by Emissaries from France against the Government haveing Reported to the Councill that they hade called before them and examined Captain Neill McCleod and Charles McKinnen and that they hade ane declaration which was Read in Councill; And two Coppies therof signed by the president of Councill for the time, ordered to be transmitted to the two Secretaries Which was accordingly done.
Followes Captain Neill McCleod his declaration and the sederunt of the Committie.
Edinburgh 28 December 1703
Sederunt The Earle of Loudoun elected preses, The Earle of Northesk and the Earl of Glasgow; The Lord President of Session; The Lord Register; The Lord Advocat; The Lord Justice Clerk; Mr Francis Montgomry; Livetenent Generall Ramsay and Sir Robert Sinclar as the Committie of Councill for enquyreing into evil practises and practisers against the Government.
Wher appeared Captain Neill McCleod prisoner who being interrogate Declared as followes That being in Edinburgh in the Moneth of July last he received a letter from Captain Simion Fraser sent by his servant who said his master and he were come from Hannover Wherupon he went and mett with Captain Simion at Durehame in England and their Captain Simion told him that he was come from France, And that he had been with the King of France who was very kind to him and promised to give him a Considerable Soume of money in order to raise ane Insurrection in Scotland, Bot that Sir Alexander McClean of Otter getting nottice of it; had told the Queen Dowager to the late King of England; And that Captain Simion was not a man to be entrusted with such a soume of money, Wherupon the said Queen Dowager went to the King of France and put a Stopt to the giveing of the said money Bot that the said King Ordered him a Soume to bear his Charges and that the Declarant saw Captain Simion have both gold and Silver to the value of Fourtie or Fiftie pounds Sterling Which he said he gott from the French King and that Captiain Simion told him ther was a Corrospondence betwixt St German in France and Scotland; and that the same was keept with the Duke of Atholl the Duke of Hamilton and the Earle of Cromartie and that the said intelligence was keept up for the Earle of Cromartie by one Mckenzie at Paris whom he hade Caused to be put in prison; and the declarant being interrogate if Captain Simion gave him any reason of his knowledge of the said Correspondence or wherfore he Caused the said Mckenzie to be Imprisoned in France for keeping the said intelligence He said that the Captain told him no more Save as above But that he also told him ane invasion from France was designed, and that very quickly and that he was sent hom with encouradgment from the King of France to procure ane insurrection and promises were made to him of both men,2 money, and armes Bot that it was not expected that he should first bring assurances in writting in Scotland for which end he was goeing to the North to speak with freinds and that one Captain John Murray brother to Abercairny was sent allong with him from France to be ane assistant and witnes to his behaviour and that the said Captain John Murray and Captain Patrick Grahame came with him from France But Captain John Murray and Captain Grahame were gone into Scotland before the declarant did meet with Captain Simion at Durhame, And the Declarant being interrogate If Captain Simion told what number of man or quantitie of money or armes were promised to wher and when and in what maner the descent should be: Declares that Captain Simion told him no more but as above; and that Captain Simion being desireous to speak with the Earle of Levin sent a Letter to the Earle and another to the late Duke of Argyll by his servant, and that the Declarant and Major Fraser who came along with Captain Simeon and the Said Servant came togither to Edinburgh and the Letter was delyvered to the Earle of Leven But the Earle Saying that he could give no answer till he spock to the Commissioner the Servant went away and Major Fraser Stayed for the answer He also Declares that by Captain Simions order he told the Earle of Leven that he wanted money And the Earle answered that if Captain Simion would make any discovery for the service of the Government he would speak to the Commissioner to give him some money on the Queens accompt, and therafter the declarant and Captain John Murray after some dayes attendance went with Glenderule in Company and delyvered the Earles returne to Captain Simion at the Kirk of Shotts as he was returning from Argyll Shyre wher he said he hade been and hade left Major Fraser ther and then the declarant and also told him that the Duke of Argyll could not meett with him untill he returned from Chirtoun and that Captain Simion went again to meett with the Duke of Argyll and mett him at Oullerhaughead; And the declarant being interrogate if he hade seen or knew the Contents of the Earle of Levens Letter to Captain Simion Declared he knowes them not Bot that he being returned to Edinburgh went therafter with Captain Simions brother and the said Captain John Murray and mett Captain Simion and Major Fraser at Ridpeth thrie or four mylles beyond Lauder wher Some of them Stayed with him four or fyve dayes; But the Declarant came back the nixt day and Captain John Murray and Captain Simion appointed to meett at the house of Stewart of Appin Lykeas John Murray told him therafter that he came to Appin and must both Captain Simion and Appin bot that Appin wes gone away half ane hour before to meett with Lochell and that Captain Murray followed and overtook him and they both went and mett with old Lochell at a Ferrie syde and Stayed with him all night Bot the declarant haveing in that time returned to Edinburgh gott a pass from the Commissioner to Captain Simion and went and mett him with it at a place about thrie mylles to the South of the kirk of Shotts and then Captain Simion came to Edinburgh towards the end of September and wes with the Earle of Leven and with the Commissioner, But the declarant was not present at their meetting nor knowes what past: Bot Captain Simion goeing again to the Highlands the declarant gott from the Commissioner Two Hundred pounds Sterling in Bank Notes wherof he turned a part into Gold at the Bank office and with the Gold and money went beyond Stirling to Balhadies and Captain John Murray with him wher they dyned at Balhadies house after which he did not see Captain John Murray and that he gott the said two Hundred pound from the Commissioner Some dayes before his Grace parted for England And declares that Captain Simion told him that while in the Highlands he hade mett with Lochell elder and younger and Appin and with one called the Laird of Mcgregor and they gave him all acknowledgment for ane invasion and Appin promised Severall thousands of men and that it was said to him that Glengary was to be sent to France by the Duke of Atholl and the Duke of Hamiltoune and either of that faction And the declarant being Interrogate If Captain Simion gave him any reason of his knowledge Declares he gave him non, bot that he heard it in the Highlands, And Farder Declares that Captain Simon wes to goe from Balheedies to meett with the Lord Drummond at Castle Drummond and that when he the declarant was returning from Balheedies, He mett the Lord Drummond upon the Road and told him of Captain Simion goeing to meett with him; And that the Lord Drummond said he could Send a footman to advertise him of his comeing that when Captain Simion was returned to Edinburgh after the Commissioner was gone he told the Declarant he hade been with My Lord Drummond and that therafter he went and Saw the Earle of Brodalbine, And being Interrogate if he Saw any other person ther And what hade past betwixt them; Diclares that Captain Simion said he Saw non else except Servants and that he told him him3 not what past betwixt the Lord Drummond and him But said that Brodalbine refused to midle, Bot would wait and See how matters went. That about ten dayes after the Commissioner wees gone Captain Simion went to England and the Diclarant went with him And that Major Fraser did also goe away with him That at parting Captain Simion Setled a Corrospondence with the Declarant how they should writ to one another; And that Captain Simion Should address his Letters to him by adressing them to Major Corbet with a particular mark by which he was to take them up at the post house as he did without acquainting Major Corbet Bot he received only4 one letter which he had not, Bot that it contained nothing Save that Captain Simion was goeing for Holland; And they also agreed that the declarant should writt to Captain Simon by directing to Mr Thomas Clerk appothecary in Watlin Street London; And that he hade only wrote one to Captain Simion about his privat affairs. That Captain Simion told him also at parting that the Duke of Atholl and Duke of Hamilton had dispatched Captain James Murray brother to the Laird of Stenhope to the Court of France to discredit Captain Simion And Captain Simion told him that he hade brought a Letter from Queen Douger to the Duke of Gordon who delyvered to Captain John Murray who told him the declarant he hade delyvered it to the Duke But the Duke refused to see or speak with Captain Simion; The Declarant Did Farder affirme That when Captain Simion Stayed in Edinburgh Some dayes before his goeing to England he stayed in his house and Glenderule did frequently visite him, and he hath reason to believe that Glenderule knowes as much of Captain Simions affairs in Scotland or else wher as he doeth; He also adds that Captain John Murray did Like wayes severall times visit Captain Simion at his house, And that Captain John told the declarant that he had Letters from Captain SImion for the Countesses of Erroll and Seaforth and that he had delyvered the Letter to the Countes of Erroll Bot that the Young Countes of Seaforth was at the time in the North and Captain John Murray could not tell whither these Letters were from Captain Simion himself or only Committed to his trust, The declarant farder adds That Captain Simion told him that when he was with Lochell and Appin they told him that ther was a designe to send Allan Cameron Lochells sone who was Livetenent to Captain Grant to the Court of France to give ane accompt of the Condition of matters in Scotland, And this declaration wryten on this and the two preceeding pages The said Captain Neill Mccleod Declares to be of Treuth and that he is ready to affirme the Same by his great oath when he shall be required. Sic Subscribitur Neill Macleod Loudoun Ipd
Followes Charles Mckinnon his declaration taken before the Committy5

Sederunt The Earl of Loudoun elected preces. The Earles of Northesk and Glasgow; The Lord President of Session, Register Lord Advocat, Justice Clerk Mr Francis Montgomry Livetenent Genall George Ramsay and Stivenson As the Committie of Councill for enquyring into evill practises against the government and practises therof.
Compeared Charles Mckinnon who Declare about the Latter end of August as the declarant went by order of the Duke of Argyll to Shirtoune, He alighting at a Changehouse ane myll beyodn Longthramlingtoune found Captain Simion Fraser accidentally ther; And a person whom Captain Simion Fraser called Major Fraser with him but whom the Declarant did not know and that Captain Simion told the Declarant that he hande come from France And that he heede encouradgments given them their, And that he intended to goe for Scotland and visit some of his North-Countrey freinds if he could gett it done with Safety, And the Declarant Sayes he stayed only with him thrie hours, from Eleven to two of the Cloak in the afternoon dureing which time they dinned togither, and that the declarant hade not Seen Captain Simion for four years before that time; Nor did he see him since; And Declares that he never accquainted the Duke of Argyll that he hade seen Captain Simion; Nor heard that the Duke knew of Captain Simions being their; And beign Interrogate if Captain Simion gave the Declarant any accompt what were the encouradgments he hade in France, Declares that he never gave him any account save whats above; and the declaration above wryten the said Charles McKinnen Delcares to be the truth, And that he is Ready to affirme the same by his great Oath when he shall be requyred Sic Subscribitur Cha: McKinnen Loudoun I:P:D:.

2. The word ‘and’ scored out here.

3. Sic.

4. The word ‘a’ scored our here.

5. Insertion.

2. The word ‘and’ scored out here.

3. Sic.

4. The word ‘a’ scored our here.

5. Insertion.