Procedure: petition, 3 November 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Third day of November Jaj vjc and nyntie tuo years

A1692/11/101

Procedure: petition

Petition Charles Lord Fraser

Anent the petitione Given in to the Lords of there majesties privie Councill be Charles Lord Fraser Shewing That the petitioner being in the toun of Frasersburgh in the moneth of […] Last In Companie of the Maister of Saltoun and the Laird of Boyne younger and some others in the house of John Hay ventner there And haveing drunk to excess And the Maister of Saltoun haveing gone out abruptly and Left them severall of the Company in the excess of there drink haveing gone out to follow the Maister of Saltoun of purpose aither to persuade him to returne or to drink his dirlgie at the croce of Fraserburgh The petitioner being fully alse Intoxicat as any in the Company did goe alongst with them to the street And after they were all come to the Cross There were severall healths drunken which the petitioner truely declares he did nether know nor understand at the tyme Being so Intoxicat that he fell doun upon the high street As can be Instructed by a Number of witnesses that were present at the tyme But the petitioner being therefter Informed that the healths then drunk were the healths of the Late King James and the Prince of Wales and such other extravagant healths And that John Leny young Boynes footman wes so bold at that tyme as to proclaime King James our Righteous King The petitioner wes both ashamed and sorie to be in Company where such extravagances were Comitted And came over to Edinburgh about his Lawfull occasiones Resolving rather to throw himself at the feet of there majesties Clemencie and mercie then to retire from the severest of there Justice And as a demonstratione that the petitioner wes truely sorie for his misfortune in being present there since his Imprisonement in the castle of Edinburgh Haveing seen the said John Lenie accidentallie in the castle he did acquant both Sir William Hope and Captain Coult of the extravancies comitted by him which wes the occasione of the petitioners misfortune To the effect he might be secured and presented to Justice which they refused to doe And sieing it is notour that if the petitioner hade been maister of his reasone at the tyme He would never have been present at such extravagancies and is certainly sorie for his misfortune In being present thereat and is content to give any demonstratione of his Submission and affectione to there majesties and the present government And sieing it is well known that the petitioners Estate is verie Low and overburdened yea almost ruined by So Long Imprisonement And that his wyfe is verie sick and Lyke to dye And therefore Craveing that the saids Lords would be pleased to take the premises and the petitioners conditione to your Consideration And be pleased to recomend to his sacred majesties Clemencie and mercie And in the mean tyme to allow him to be set at Liberty upon sufficient Cautione To appear befor there Lordships when called As the said petitione bears The Saids Lords of there majesties privie Councill Haveing heard the principall petitione whereof this is the true Coppie read in there presence They hereby appoint the Clerks of privie Councill to transmitt the said principall petitione to the secretarys of state To be Comunicat to his majestie And appoints the Clerks to acquant the secretaryes that the sollicitor hes declared in presence of the Councill that both Sir William Hope deputy Governour2 and Mr James Coult Ensigne of the Castle of Edinburgh have acknowledged to him that John Lenie mentioned in the petitione who is said to be the persone who drunk the healths and made the proclamatione above mentioned For which the petitioner The Lord Fraser is prisoner hes been in the Castle of Edinburgh since my Lord wes prisoner And that My Lord did acquant them that he wes in the Castle That he wes such a persone Bot that they hade no order or warrand for secureing of him And therefor did not apprehend him.

At Edinburgh 3 November 1692

A1692/11/101

Procedure: petition

Petition Charles Lord Fraser

Concerning the petition given in to the lords of their majesties’ privy council by Charles, Lord Fraser, showing that the petitioner being in the town of Fraserburgh in the month of […] last in [the] company of the master of Saltoun and the laird of Boyne younger and some others in the house of John Hay, vintner there, and having drunk to excess, and the master of Saltoun having gone out abruptly and left them, several of the company in the excess of their drink having gone out to follow the master of Saltoun of purpose either to persuade him to return or to drink his dirlgie at the cross of Fraserburgh. The petitioner, being fully as intoxicated as any in the company, did go along with them to the street, and after they were all come to the cross, there were several healths drunk, which the petitioner truly declares he did nether know nor understand at the time, being so intoxicated that he fell down upon the high street, as can be instructed by a number of witnesses that were present at the time. But the petitioner being thereafter informed that the healths then drunk were the healths of the late King James and the prince of Wales and such other extravagant healths, and that John Lennie, young Boyne’s footman, was so bold at that time as to proclaim King James our righteous king, the petitioner was both ashamed and sorry to be in company where such extravagances were committed, and came over to Edinburgh about his lawful occasions, resolving rather to throw himself at the feet of their majesties’ clemency and mercy than to retire from the severest of their justice. And as a demonstration that the petitioner was truly sorry for his misfortune in being present there, since his imprisonment in the castle of Edinburgh, having seen the said John Lennie accidentally in the castle, he did acquaint both Sir William Hope and Captain Coult of the extravagancies committed by him, which was the occasion of the petitioner’s misfortune, to the effect he might be secured and presented to justice, which they refused to do. And seeing it is notorious that if the petitioner had been master of his reason at the time, he would never have been present at such extravagancies, and is certainly sorry for his misfortune in being present thereat, and is content to give any demonstration of his submission and affection to their majesties and the present government, and seeing it is well known that the petitioner’s estate is very low and overburdened, yea almost ruined, by so long imprisonment, and that his wife is very sick and likely to die, and therefore craving that the said lords would be pleased to take the premises and the petitioner’s condition to your consideration, and be pleased to recommend [him] to his sacred majesty’s clemency and mercy, and in the meantime to allow him to be set at liberty upon sufficient caution to appear before their lordships when called, as the said petition bears. The said lords of their majesties’ privy council, having heard the principal petition, whereof this is the true copy, read in their presence, they hereby appoint the clerks of privy council to transmit the said principal petition to the secretaries of state, to be communicated to his majesty. And appoints the clerks to acquaint the secretaries that the solicitor has declared in presence of the council that both Sir William Hope, deputy governor, and Mr James Coult, ensign of the castle of Edinburgh, have acknowledged to him that John Lennie, mentioned in the petition, who is said to be the person who drunk the healths and made the proclamation abovementioned, for which the petitioner the Lord Fraser is prisoner, has been in the castle of Edinburgh since my lord was prisoner, and that my lord did acquaint them that he was in the castle, that he was such a person, but that they had no order or warrant for securing of him, and therefor did not apprehend him.

1. PC1/48, 436-7.

2. The word ‘and’ **scored out here.**

1. PC1/48, 436-7.

2. The word ‘and’ **scored out here.**