Act, 29 December 1692, Edinburgh

Att Edinburgh the Tuenty First Day off Apryll J^aj vj^c Nyntie tuo years

A1692/4/32

A1692/4/32¹

Procedure: committee

Comittee anent Halyburtoun and Fraser

Sederunt: Lord Fountainhall and the Laird of Blackbarronie
The Comittee appointed for prepairing ane representatione of the case of Alexander Halyburtoun and William Fraser prisoners sentenced for surpryzeing the Bass and holding it out againest there Majesties haveing considered the severall petitiones given in by them with the representationes Containing the state of there cases They Find it alleadged by Mr Halyburtoun for obviating his cryme That at the beginning of this happie revolutione, He served in my Lord Dumbartouns regiment And upon the Late King James’s retireing to France The said Alexander obtained his present majestyes pass to goe abroad And haveing afterwards returned with ane Commission under Cannan in the Highlands He wes taken at Crombdaill Bot hade assureance from Sir Thomas Livingstoun who Comanded in cheiff at that actione to be treatted as ane prisoner of warr And being therefter putt in the Bass and haveing nothing to Live upon himself, and redacted to straitts as he pretends And sieing ane good opportunity offered, He Concurred with some other prisoners to surpryze the said fort of the Bass And that he would have been content to have accepted the privie Councills offer and surrendered But not being Commander They would have knocked him on the head If he hade made any such proposition And that he took the first occasione he could get of Comeing ashoar Being resolved to have gone abroad But he wes apprehended the next day And haveing receaved ane Indytement befor the Lords of Justiciarie He proponed no defences bot represented his case forsaid and referred himself to his Majesties Clemencie And being found guilty and condemned He hath by ane petitione under his hand to the Lords of there majesties privie Councill acknowledged that the crymes Contained in his Lybell being comitted againest the government and standing Lawes of the natione For which he is heartily sorie They Justly deserve the punishment of death and forfaulture contained in his sentence And therefore Intirely throwes himself upon his Majestyes bountie and Clemencie for his gracious pardone and Indemnity And as for William Frasers case The Comittee finds that ever since he wes apprehended he hath been constantly applyeing for his majestyes favour and and² mercie to the Lords of privie Councill acknowledging both his guilt and sorrow fully and Ingenuously And Begged to be admitted to the benefite of his Majestyes last Indemnity And to take the oath of alleadgeance pretending that If he hade not been taken the next day after his Leaveing the Bass he would have voluntarly come and claimed the benefite thereof which the Councill found they could not extend In regaird his cryme wes not committed within the tyme Contained in the said Indemnity And when he wes processed he would nether³ Imploy and Lawyers Nor propone any defence But acknowledged his guilt And both befor and Since hes Intirely submitted to His Majesty And Beggs Liberty to take the oath of alleadgeance And is willing to engadge himself in all tyme comeing to Live as ane good and peaceable subject and never to be unsensible of so unparallelled ane favour. The Comittee are of opinion In respect of the Circumstances forsaid Both the said Alexander and William Fraser may be recomended to his Majestyes favour and Clemencie for ane remissione and that the Coppies of there petitiones and severall representations may be transmitted to my Lord Secretary who is presently in waiting and attending His Majesty’s persone for that effect Bot in regaird Mr Halyburtoun does not offer to take the oath of alleadgeance It is referred to the Lords of Councill to consider whether his remission shall be burdened with his enacting himself upon oath that he shall never bear armes against there majestyes