Tag Archives: 19 February 1702

Judicial Proceeding, 19 February 1702, Edinburgh

Posted on by

Att Edinburgh the Nynteinth day of February Jaj viic and two years

A1702/2/241

Judicial Proceeding

Letter of Intercomuneing The Lady Lovett against Fraser of Beaufort

William by the Grace of God King of Great Brittain France and Ireland defender of the faith To […] Macers of our privy Councill Messengers at armes our Shirriffs in that part Conjunctllie and Severallie Speciallie Constitute Greeting Forasmuchas Wee and the Lords of our privy Councill Understanding That upon the Twenty one day of March Jaj viic and one years Captain Simon Frazer of Beaufort was duely and orderly denunced our rebell and put to our horne; By vertue of Letters of denunciation raised at the Instance of Emelia Lady Dowager of Lovet against him; For his not Compearing before 2 our3 Lords Justice Generall Justice Clerk and Lords Commissioners of our Justiciary to have underlyen the Law for the Crymes afterspecified Viz For the Said Captain his Committing a most violent and wicked rapt and Hamesucken upon the person of the Said Emelia Lady Dowager of Lovat; And for the said Captain entering invadeing and possessing by a violent and hostile manner the house of Castle Dony wher the Said Lady Dowager of Lovat hade her residence with her family and for makeing the said Lady Closs prisoner by Setting Centinells on her in her own Chamber without and within doors and for the said Captain his wicked designe to ravish the said Lady by forcibly carieing from her her4 waiting maids; and for tearing the said Lady from them when she cryed out and took hold of her Cloathes that they might not be caried away and for makeing them prisoners in another roome all which was done in the night time; And for the Said Captain his pretending to Cover the Said violence and rapt by the pretext of a Sham marriage and persisting in the Samen And when the Said Lady fell a Crying and weeping The great bagg pipe was blowen up in the nixt roome that her Cryes might not be heard And for the Said Captain his Still persisting and prosecuting his wicked designe of Ravishment By entering her Chamber with his accomplices And for the Said Captain his continueing his violences upon her person in presence of one of her Maids whom he hade Sent for by two of his accomplices to take off the Ladies Cloathes; He at Last removed her also, And as the Lady Cryed, The bagg pype was Still ordered to Drown her Cryes As also for the Said Captain and his accomplices their takeing and carieing away the Said Lady from her house in Castledownie to Seaverall other places in the wild mountains for severall dayes He being accompanied all the whill with a great number of Armed-men: And for the Said Captain and his Accomplcies their refuseing conemning and disobeying the orders of our privy Councill to sett the said Lady at Libertie and for the other Crimes mentioned in the Letters of denunciatione As the samen with the executions duely registrat in the books of adjournall Showen to our saids Lords bears Att the process of which horning and denunciation The Said Captain Simon yet remaine and abydes takeing no fear nor regaird therof, But dayly Haunts frequents and repairs to Kirk Marcat and other publict places and travells about armed with Companies of men Sorning upon our free Leidges exacting and Levieing money from them and the Ladies tennents and Chamberlands as if he were our free Leidge and no Such crymes hade been Committed by him giveing therby evill example to others to Committ the Like hereafter; Likeas the Lords of our privy Councill by their act of the day and date hereof Upon the said Ladies Representation to them Have Ordained thir our Letters of intercomuneing to be direct at the said Ladies instance against the said Captain Simon Fraser In maner and to the effect underwriten Our Will is Heirfore and Wee Charge yow Strictly and Command That incontinent these our Letters Seen yee pass to the Marcat Cross of […] and other places need full And therat in our name and authority Command and Charge all and Sundrie our Leidges and Subjects That non of them presume Nor take upon hand to resett Supplie or intercomune with the said rebell nor furnish him with meat drink house, harbour, powder Bullots Armor, victualls boats; vessells nor no other thing Comfortable to thim nor receive his goods in keeping nor transport him to and frae ferries nor have intelligence with him by word wryt or message under whatsoever Colour or pretext under the paine to be repute holden and esteemed as airt and part with him in the oppression Rebellion and wicked deeds and be punished with all rigour and extreamity to the terror And Sicklyke to Command and Charge all our Leidges who are under assurance or bonds of freindship with the said Rebell To renunce and discharge the Samen bonds and assurances and to entertain no fellowship nor Soceity with him hereafter; But to repute and esteem him as a notorious rebell oppressor and high Contemner of our authority and Lawes with Certification to them who Shall keep and intertaine the saids bonds and Shall not discharge the Samen in maner forsaid That they Shall be repute holden and Esteemed as Airt and partakers with him in his wicked deeds and practises Given under our Signet at Edinburgh the Nynteinth day of February And of our reigne the threteinth year 1702 Per actum dominorii Secretii Consilii.

Att Edinburgh the Nynteinth day of February Jaj viic and two years

A1702/2/241

Judicial Proceeding

Letter of Intercomuneing The Lady Lovett against Fraser of Beaufort

William by the Grace of God King of Great Brittain France and Ireland defender of the faith To […] Macers of our privy Councill Messengers at armes our Shirriffs in that part Conjunctllie and Severallie Speciallie Constitute Greeting Forasmuchas Wee and the Lords of our privy Councill Understanding That upon the Twenty one day of March Jaj viic and one years Captain Simon Frazer of Beaufort was duely and orderly denunced our rebell and put to our horne; By vertue of Letters of denunciation raised at the Instance of Emelia Lady Dowager of Lovet against him; For his not Compearing before 2 our3 Lords Justice Generall Justice Clerk and Lords Commissioners of our Justiciary to have underlyen the Law for the Crymes afterspecified Viz For the Said Captain his Committing a most violent and wicked rapt and Hamesucken upon the person of the Said Emelia Lady Dowager of Lovat; And for the said Captain entering invadeing and possessing by a violent and hostile manner the house of Castle Dony wher the Said Lady Dowager of Lovat hade her residence with her family and for makeing the said Lady Closs prisoner by Setting Centinells on her in her own Chamber without and within doors and for the said Captain his wicked designe to ravish the said Lady by forcibly carieing from her her4 waiting maids; and for tearing the said Lady from them when she cryed out and took hold of her Cloathes that they might not be caried away and for makeing them prisoners in another roome all which was done in the night time; And for the Said Captain his pretending to Cover the Said violence and rapt by the pretext of a Sham marriage and persisting in the Samen And when the Said Lady fell a Crying and weeping The great bagg pipe was blowen up in the nixt roome that her Cryes might not be heard And for the Said Captain his Still persisting and prosecuting his wicked designe of Ravishment By entering her Chamber with his accomplices And for the Said Captain his continueing his violences upon her person in presence of one of her Maids whom he hade Sent for by two of his accomplices to take off the Ladies Cloathes; He at Last removed her also, And as the Lady Cryed, The bagg pype was Still ordered to Drown her Cryes As also for the Said Captain and his accomplices their takeing and carieing away the Said Lady from her house in Castledownie to Seaverall other places in the wild mountains for severall dayes He being accompanied all the whill with a great number of Armed-men: And for the Said Captain and his Accomplcies their refuseing conemning and disobeying the orders of our privy Councill to sett the said Lady at Libertie and for the other Crimes mentioned in the Letters of denunciatione As the samen with the executions duely registrat in the books of adjournall Showen to our saids Lords bears Att the process of which horning and denunciation The Said Captain Simon yet remaine and abydes takeing no fear nor regaird therof, But dayly Haunts frequents and repairs to Kirk Marcat and other publict places and travells about armed with Companies of men Sorning upon our free Leidges exacting and Levieing money from them and the Ladies tennents and Chamberlands as if he were our free Leidge and no Such crymes hade been Committed by him giveing therby evill example to others to Committ the Like hereafter; Likeas the Lords of our privy Councill by their act of the day and date hereof Upon the said Ladies Representation to them Have Ordained thir our Letters of intercomuneing to be direct at the said Ladies instance against the said Captain Simon Fraser In maner and to the effect underwriten Our Will is Heirfore and Wee Charge yow Strictly and Command That incontinent these our Letters Seen yee pass to the Marcat Cross of […] and other places need full And therat in our name and authority Command and Charge all and Sundrie our Leidges and Subjects That non of them presume Nor take upon hand to resett Supplie or intercomune with the said rebell nor furnish him with meat drink house, harbour, powder Bullots Armor, victualls boats; vessells nor no other thing Comfortable to thim nor receive his goods in keeping nor transport him to and frae ferries nor have intelligence with him by word wryt or message under whatsoever Colour or pretext under the paine to be repute holden and esteemed as airt and part with him in the oppression Rebellion and wicked deeds and be punished with all rigour and extreamity to the terror And Sicklyke to Command and Charge all our Leidges who are under assurance or bonds of freindship with the said Rebell To renunce and discharge the Samen bonds and assurances and to entertain no fellowship nor Soceity with him hereafter; But to repute and esteem him as a notorious rebell oppressor and high Contemner of our authority and Lawes with Certification to them who Shall keep and intertaine the saids bonds and Shall not discharge the Samen in maner forsaid That they Shall be repute holden and Esteemed as Airt and partakers with him in his wicked deeds and practises Given under our Signet at Edinburgh the Nynteinth day of February And of our reigne the threteinth year 1702 Per actum dominorii Secretii Consilii.

1. NRS, PC1/52, 348-50.

2. The phrase ‘the saids’ scored out here.

3. Insertion.

4. Sic.

1. NRS, PC1/52, 348-50.

2. The phrase ‘the saids’ scored out here.

3. Insertion.

4. Sic.

Warrant, 19 February 1702, Edinburgh

Posted on by

Att Edinburgh the Nynteinth day of February Jaj viic and two years

A1702/2/231

Warrant

Warrant for Letters of intercomuneing The Lady Lovett against Beaufort

Anent a Petition given in to the Lords of his Majesties privy Councill be The Lady Lovet Shewing That wher upon Criminall Letters and a process for a most outragious and violent Rapt Committed by Captain Simion Fraser He was Conveened before the Lords of Justiciary at Edinburgh, Bot for not Compearance (Notwithstanding of Caution found by him) was Declared fugative and orderly denunced rebell both at the Marcat Cross of Edinburgh and Marcat Cross of Inverness the head burgh of the Shyre; as the Letters of horning with their executiones therwith produced would testifie; Notwithstanding wherof such was the insolence and presumption of the said Captain Simion, That he not only Converses oppenly in the Countrey as a free Leidge to the Contempt of all authority and Justice; But Likewayes keeps in a maner his open residence within the Lordship of Lovet; wher and especially in Stratherick he furder presumes to keep men in armes; attending and guarding his persone; and for stenting and Levieing contributions upon the petitioners vassells and tennents and proceeding yet to farder degrees of Imparaleelled boldnes Causses make publict intimation at the kirks within the bounds on the Lords day; That all the people be in readiness with their best armes when advertised and defacto he hath Levied in a threatening; violent and disorderly maner upwards of fyve or six Thousand merks within the forsaid bounds, and behaves himself more Imperiously then if he were Lord and propriator therof, And in effect the tennents and others are therby so harassed and disabled that they could make no payment of their rents all which was ready to be attested by many Letters from the Baillies and Chamberlands of the Countrey and many others who make dayly Complaints of thes Strange and Lawles disorders; And Seing that both for the intrest of Justice, Honor of the Government, peace and Security of the Countrey It is provided That in Such cases Letters of intercomuneing Should be Issued furth and execute against Such a Notorious Lawles Rebell; As also that it has been The Saids Lords practise to ordaine the assistance of his Majesties forces in such cases for to fortifie the Law and repress Such intollerable abuses and Insolencies And Therfore Humbly Craveing the saids Lords would Ordaine the forsaid Letters of intercomuneing to be direct against the said Captain Simion Fraser in due forme As also to give Orders to his Majesties Standing forces as they shall be requyred to give Concurrence for apprehending the said rebell and preventing and restricting the progress of the forsaid violence and Lawless procedur As the said petition bears The Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the above Lady Lovatt They hereby Allow Letters of intercomuneing to be direct Against the said Captain Simion Fraser in due forme As also to give Orders to his Majesties Standing forces as they shall be requyred to give Concurrence for apprehending the said rebell and preventing and restricting the progress of the forsaid violence and Lawless procedur As the said petition bears The Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the above Lady Lovett They hereby Allow Letters of intercomuneing to be direct at her instance against Captain Simon Fraser of Beaufort in due forme, And Gives order and Warrand to his Majesties forces as they shall be requyred to give Concurrance for apprehending the said rebell and preventing and restricting the progress of any violence and Lawless procedor That Shall be done by him.

Att Edinburgh the Nynteinth day of February Jaj viic and two years

A1702/2/231

Warrant

Warrant for Letters of intercomuneing The Lady Lovett against Beaufort

Anent a Petition given in to the Lords of his Majesties privy Councill be The Lady Lovet Shewing That wher upon Criminall Letters and a process for a most outragious and violent Rapt Committed by Captain Simion Fraser He was Conveened before the Lords of Justiciary at Edinburgh, Bot for not Compearance (Notwithstanding of Caution found by him) was Declared fugative and orderly denunced rebell both at the Marcat Cross of Edinburgh and Marcat Cross of Inverness the head burgh of the Shyre; as the Letters of horning with their executiones therwith produced would testifie; Notwithstanding wherof such was the insolence and presumption of the said Captain Simion, That he not only Converses oppenly in the Countrey as a free Leidge to the Contempt of all authority and Justice; But Likewayes keeps in a maner his open residence within the Lordship of Lovet; wher and especially in Stratherick he furder presumes to keep men in armes; attending and guarding his persone; and for stenting and Levieing contributions upon the petitioners vassells and tennents and proceeding yet to farder degrees of Imparaleelled boldnes Causses make publict intimation at the kirks within the bounds on the Lords day; That all the people be in readiness with their best armes when advertised and defacto he hath Levied in a threatening; violent and disorderly maner upwards of fyve or six Thousand merks within the forsaid bounds, and behaves himself more Imperiously then if he were Lord and propriator therof, And in effect the tennents and others are therby so harassed and disabled that they could make no payment of their rents all which was ready to be attested by many Letters from the Baillies and Chamberlands of the Countrey and many others who make dayly Complaints of thes Strange and Lawles disorders; And Seing that both for the intrest of Justice, Honor of the Government, peace and Security of the Countrey It is provided That in Such cases Letters of intercomuneing Should be Issued furth and execute against Such a Notorious Lawles Rebell; As also that it has been The Saids Lords practise to ordaine the assistance of his Majesties forces in such cases for to fortifie the Law and repress Such intollerable abuses and Insolencies And Therfore Humbly Craveing the saids Lords would Ordaine the forsaid Letters of intercomuneing to be direct against the said Captain Simion Fraser in due forme As also to give Orders to his Majesties Standing forces as they shall be requyred to give Concurrence for apprehending the said rebell and preventing and restricting the progress of the forsaid violence and Lawless procedur As the said petition bears The Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the above Lady Lovatt They hereby Allow Letters of intercomuneing to be direct Against the said Captain Simion Fraser in due forme As also to give Orders to his Majesties Standing forces as they shall be requyred to give Concurrence for apprehending the said rebell and preventing and restricting the progress of the forsaid violence and Lawless procedur As the said petition bears The Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the above Lady Lovett They hereby Allow Letters of intercomuneing to be direct at her instance against Captain Simon Fraser of Beaufort in due forme, And Gives order and Warrand to his Majesties forces as they shall be requyred to give Concurrance for apprehending the said rebell and preventing and restricting the progress of any violence and Lawless procedor That Shall be done by him.

1. NRS, PC1/52, 346-7.

1. NRS, PC1/52, 346-7.

Warrant, 19 February 1702, Edinburgh

Posted on by

Att Edinburgh the Nynteinth day of February Jaj viic and two years

A1702/2/221

Warrant

Warrant for adding Captain John Stewart to the Commission of Justiciary for the Northern district

The Lords of his Majesties privy Councill Doe hereby Nominat and appoint Captain John Stewart in Brigadeer Maitland his Regiment to be one of the Members of the highland Justiciary for the Northern district; and adds him therto with full power to him to sitt, act, vote and doe Sublyke alse freely in all respects as any other members of the said Justiciary have done or may doe and as if he hade been at first Nominat a member thereof; And appoints the said Captain John Stewart to qualifie himself by Swearing and Signeing the oath of alledgance Conforme to the act of parliament.

Att Edinburgh the Nynteinth day of February Jaj viic and two years

A1702/2/221

Warrant

Warrant for adding Captain John Stewart to the Commission of Justiciary for the Northern district

The Lords of his Majesties privy Councill Doe hereby Nominat and appoint Captain John Stewart in Brigadeer Maitland his Regiment to be one of the Members of the highland Justiciary for the Northern district; and adds him therto with full power to him to sitt, act, vote and doe Sublyke alse freely in all respects as any other members of the said Justiciary have done or may doe and as if he hade been at first Nominat a member thereof; And appoints the said Captain John Stewart to qualifie himself by Swearing and Signeing the oath of alledgance Conforme to the act of parliament.

1. NRS, PC1/52, 346.

1. NRS, PC1/52, 346.

Warrant, 19 February 1702, Edinburgh

Posted on by

Att Edinburgh the Nynteinth day of February Jaj viic and two years

A1702/2/211

Warrant

Warrant for Harwood and Craigmuir to be Justices of peace within the Shyre of Mid Lothian

The Lords of his Majesties privy Councill Doe hereby Nominat and appoint William Martine of Harwood and John Ballantyne of Craigmuir to be Justices of peace within the Shyre of Mid Lothian with power to them to exerce the offices of Justices of peace within the said Shyre as fully and freely in all respects as any other Justice of peace may doe and appoints the said William Martine and John Ballantyne to qualifie themselves by Swearing and Signeing the oath of alledgance and Subscrybeing the assurance and association Conforme to the act of parliament.

Att Edinburgh the Nynteinth day of February Jaj viic and two years

A1702/2/211

Warrant

Warrant for Harwood and Craigmuir to be Justices of peace within the Shyre of Mid Lothian

The Lords of his Majesties privy Councill Doe hereby Nominat and appoint William Martine of Harwood and John Ballantyne of Craigmuir to be Justices of peace within the Shyre of Mid Lothian with power to them to exerce the offices of Justices of peace within the said Shyre as fully and freely in all respects as any other Justice of peace may doe and appoints the said William Martine and John Ballantyne to qualifie themselves by Swearing and Signeing the oath of alledgance and Subscrybeing the assurance and association Conforme to the act of parliament.

1. NRS, PC1/52, 346.

1. NRS, PC1/52, 346.

Sederunt, 19 February 1702, Edinburgh

Posted on by

Att Edinburgh the Nynteinth day of February Jaj viic and two years1

A1702/2/202

Sederunt

Lord Chancelor; Marquis of Annandale; Earl of Lauderdale; Earl of Lowdoun; Earl of Northesk; Earl of Forfar; Viscount Tarbat; Lord Montgomry; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Rankeillor; Laird of Grant; Laird of Stivenson; Lord Provest of Edinburgh

Att Edinburgh the Nynteinth day of February Jaj viic and two years1

A1702/2/202

Sederunt

Lord Chancelor; Marquis of Annandale; Earl of Lauderdale; Earl of Lowdoun; Earl of Northesk; Earl of Forfar; Viscount Tarbat; Lord Montgomry; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Rankeillor; Laird of Grant; Laird of Stivenson; Lord Provest of Edinburgh

1. NRS, PC1/52, 345.

2. NRS, PC1/52, 345.

1. NRS, PC1/52, 345.

2. NRS, PC1/52, 345.