Tag Archives: 22 February 1698

Judicial Proceeding, 22 February 1698, Edinburgh

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Att Edinburgh the twentie Second day of Febrwary Jaj vic nyntie eight yeirs

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Judicial Proceeding

Kinfawns mariage with Phinevens doughter

The lybell at the instance of Alexander Blair alias Carnegie of Kinfauns and his curators for ther interests against The Laird of Phinhaven Mrs Jean Carnegy his doughter Jennet Browne his servitrix and Mr John Grub minister at Oathlaw being this day called in presence of the Lords of his majesties privie Counsell and the Laird of Kinfauns compeareing personallie as persewer with Sir James Stewart his majesties advocat Sir Patrick Home Mrs Hewgh and David Dallrimples his advocats and the haill defenders compeareing personallie (except the said Mr John Grub minister) with Sir David Thores Mr David Cuningham and Mr William Aikman advocats for the haill defenders and the said Mr John Grub being Laufullie cited oft tymes called and not compeareing The Lybell and answers therto for Phinhaven and his doughter and both pairties Lawiers being fullie heard The Saids Lords grants certificatione against the said Mr John Grub in respect of his absence and not compearance and ordains Letters of denunceatione to be direct to macers messengers at arms comanding them to pass to the mercat cross of […] and uther places neidfull and therat in his majesties name and authoritie duely Laufullie and orderly denunce the said Mr John Grub his majesties rebell and ordaine all his moveable goods and geir to be escheat and inbrought to his majesties wse for his contempt and disobedience And the saids Lords Finds that they are not competent Judges as to that pairt of the lybell anent the mariage But finds that they are competent Judges as to the rest of The lybell and admitts the Same to probatione against The Laird of Finhaven and the said Jennet Browne And the witnesses being called for and Mr John Strong Schoollmaister John Lyon of Whitewall James Milne Mr Charles Carnegie and Patrick Lyon being present and haveing made faith at the Cowncell barr The Saids Lords nominats and appoints The Earle of Leven Lord Ruthven Lord Justice Clerk and Laird of Kellburne to be a Comitie for examining of the saids wittnesses and reserves all objectiones which may be made against the wittness to be proponed and discwst befor the Comitie and grants furder dilligence by Captione untill the […] day of […] And the rest of the witness called and not compeareing aither on the lybell or on the dilligence (2except Anna Carnegie Sister to the Said Jean Carnegie She being only about twelve yeirs of age And recomends to the Comitie to examine the witnesses against Phinhaven and Jenet Broun upon the other points lybelled But not upon the forsaid mariage and appoints the Comitie to meet the morrow at ten in the foirnoon and declaires any two of them to be a Sufficient qworwm

Att Edinburgh the twentie Second day of Febrwary Jaj vic nyntie eight yeirs

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Judicial Proceeding

Kinfawns mariage with Phinevens doughter

The lybell at the instance of Alexander Blair alias Carnegie of Kinfauns and his curators for ther interests against The Laird of Phinhaven Mrs Jean Carnegy his doughter Jennet Browne his servitrix and Mr John Grub minister at Oathlaw being this day called in presence of the Lords of his majesties privie Counsell and the Laird of Kinfauns compeareing personallie as persewer with Sir James Stewart his majesties advocat Sir Patrick Home Mrs Hewgh and David Dallrimples his advocats and the haill defenders compeareing personallie (except the said Mr John Grub minister) with Sir David Thores Mr David Cuningham and Mr William Aikman advocats for the haill defenders and the said Mr John Grub being Laufullie cited oft tymes called and not compeareing The Lybell and answers therto for Phinhaven and his doughter and both pairties Lawiers being fullie heard The Saids Lords grants certificatione against the said Mr John Grub in respect of his absence and not compearance and ordains Letters of denunceatione to be direct to macers messengers at arms comanding them to pass to the mercat cross of […] and uther places neidfull and therat in his majesties name and authoritie duely Laufullie and orderly denunce the said Mr John Grub his majesties rebell and ordaine all his moveable goods and geir to be escheat and inbrought to his majesties wse for his contempt and disobedience And the saids Lords Finds that they are not competent Judges as to that pairt of the lybell anent the mariage But finds that they are competent Judges as to the rest of The lybell and admitts the Same to probatione against The Laird of Finhaven and the said Jennet Browne And the witnesses being called for and Mr John Strong Schoollmaister John Lyon of Whitewall James Milne Mr Charles Carnegie and Patrick Lyon being present and haveing made faith at the Cowncell barr The Saids Lords nominats and appoints The Earle of Leven Lord Ruthven Lord Justice Clerk and Laird of Kellburne to be a Comitie for examining of the saids wittnesses and reserves all objectiones which may be made against the wittness to be proponed and discwst befor the Comitie and grants furder dilligence by Captione untill the […] day of […] And the rest of the witness called and not compeareing aither on the lybell or on the dilligence (2except Anna Carnegie Sister to the Said Jean Carnegie She being only about twelve yeirs of age And recomends to the Comitie to examine the witnesses against Phinhaven and Jenet Broun upon the other points lybelled But not upon the forsaid mariage and appoints the Comitie to meet the morrow at ten in the foirnoon and declaires any two of them to be a Sufficient qworwm

1. NRS, PC2/27, 86v-87r.

2. Closing bracket missing.

1. NRS, PC2/27, 86v-87r.

2. Closing bracket missing.

Act, 22 February 1698, Edinburgh

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Att Edinburgh the twentie Second day of Febrwary Jaj vic nyntie eight yeirs

D1698/2/101

Act

Act Lord Elcho and pairtners for a manwfactorie of Glass

Anent the petitione given in to The Lords of his majesties privie Cownsell be David Lord Elcho for himself and Copairtners in the mater wnderwritten Shewing That ther being Severall acts of parliament of this Kingdome of Scottland appointing the Setting up and erecting manwfactories within the Same The inviteing of Strangers and giveing many incowragements to this effect Especiallie the acts Jaj vic Sixtie one, and Jaj vic and eightie one, And ther Lordships petitioner being desyreows to take the benefite of the saids acts in order to the Setting up and carying on a glass work at the weeymes in Fiffe Are for that end to agrie with certaine persones Glass makers who are Straingers and verie well knowen in the makeing of Glass wherby a considerable advantage will redownd to the natione by its giveing occasione to imploy many of its inhabitants in the work as well as the Shipping in of the export and by bringing in Considerable Soumes of money as the product of the Glass caried out besydes the benefite of the Kingdomes being served within itself they Doe in all dwety represent to ther Lordships (as being for that end fullie impowered by the saids acts of parliament) ther resolutione as above in order to obtaining ther Lordships authoritie protectione and incouragement And ther being allowed the libertie priviledge and immwnities granted by the foirsaid act of parliament infavors of manwfactories the promoters majesties and Servants therof All which the petitioners have the greater confidence to expect in regwaird they doe not pretend to any monopoly or to the exclwsione of any others from doeing ther best and Setting up many other pairt of the Kingdome they please And therfore humbly craveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell They doe heirby awthorize the petitioners in Setting up the above manwfactorie of Glass at the Cove of The Weeymes And heirby declaires in favoures of the adventures promotters maisters Servants and others belonging to the Said manwfactorie That they Shall injoy all the rights priviledges and immwnities granted by the above acts in favoures of manwfactories Sicklyke and als friely in all respects as if ther were ane Speciall act of parliament made in ther favoures

Att Edinburgh the twentie Second day of Febrwary Jaj vic nyntie eight yeirs

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Act

Act Lord Elcho and pairtners for a manwfactorie of Glass

Anent the petitione given in to The Lords of his majesties privie Cownsell be David Lord Elcho for himself and Copairtners in the mater wnderwritten Shewing That ther being Severall acts of parliament of this Kingdome of Scottland appointing the Setting up and erecting manwfactories within the Same The inviteing of Strangers and giveing many incowragements to this effect Especiallie the acts Jaj vic Sixtie one, and Jaj vic and eightie one, And ther Lordships petitioner being desyreows to take the benefite of the saids acts in order to the Setting up and carying on a glass work at the weeymes in Fiffe Are for that end to agrie with certaine persones Glass makers who are Straingers and verie well knowen in the makeing of Glass wherby a considerable advantage will redownd to the natione by its giveing occasione to imploy many of its inhabitants in the work as well as the Shipping in of the export and by bringing in Considerable Soumes of money as the product of the Glass caried out besydes the benefite of the Kingdomes being served within itself they Doe in all dwety represent to ther Lordships (as being for that end fullie impowered by the saids acts of parliament) ther resolutione as above in order to obtaining ther Lordships authoritie protectione and incouragement And ther being allowed the libertie priviledge and immwnities granted by the foirsaid act of parliament infavors of manwfactories the promoters majesties and Servants therof All which the petitioners have the greater confidence to expect in regwaird they doe not pretend to any monopoly or to the exclwsione of any others from doeing ther best and Setting up many other pairt of the Kingdome they please And therfore humbly craveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell They doe heirby awthorize the petitioners in Setting up the above manwfactorie of Glass at the Cove of The Weeymes And heirby declaires in favoures of the adventures promotters maisters Servants and others belonging to the Said manwfactorie That they Shall injoy all the rights priviledges and immwnities granted by the above acts in favoures of manwfactories Sicklyke and als friely in all respects as if ther were ane Speciall act of parliament made in ther favoures

1. NRS, PC2/27, 86r-86v.

1. NRS, PC2/27, 86r-86v.

Sederunt, 22 February 1698, Edinburgh

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Att Edinburgh the twentie Second day of Febrwary Jaj vic nyntie eight yeirs1

D1698/2/92

Sederunt

Lord Chancellor; Marquis of Tweedale; Earl of Sutherland; Earl of Bwchan; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Rwglen; Lord Montgomry; Lord Forbess; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Laird of Cessnock; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

Att Edinburgh the twentie Second day of Febrwary Jaj vic nyntie eight yeirs1

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Sederunt

Lord Chancellor; Marquis of Tweedale; Earl of Sutherland; Earl of Bwchan; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Rwglen; Lord Montgomry; Lord Forbess; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Laird of Cessnock; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

1. NRS, PC2/27, 86r.

2. NRS, PC2/27, 86r.

1. NRS, PC2/27, 86r.

2. NRS, PC2/27, 86r.

Act, 22 February 1698, Edinburgh

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Att Edinburgh The Twenty second day of February Jaj vjc nynty Eight years

A1698/2/341

Act

Coppie Letters of Concurrance and Intercomuning The Laird of McIntosh against McDonalds

William By the Grace of God King of great Brittain France and Ireland defender of the faith to our Lovites […] Macers messengers att armes our sheriffs in that part Conjunctlie and Severallie speacialy Constitute Greeting Forasmuchas Wee And the Lords of our privy Councill understanding That upon the nynteenth day of June Jaj vic nyntie seven years Coll McDonald in Keppoch, Renold, Alexander and Angus Mcdonalds his Brothers, John Begg Mccan Vic Innes younger Sorrell Begg Mcean Vic Innes his son there, Donald Begg McEan Vic Innes his son ther, Sorrell McColl Duie ther, Ewan Mcconhie Vic Ean ther, Duncan Mcfail Vic Finlay ther, Duncan McConchie Vig there Angus McGrassich there, John McCollroye Vic Ean in Boline Angus McEan Vic Innes, John McInnes Vic Ean ther, Dougal Mcvic Ean ther, Duncan Mcvic Ean ther, Donald Pyper in Invermoye Beg, John McCoill Vic Innes ther, Donald McColl Vic Innes his son ther, Donald Begg McDougall ther, Angus McColl Oig Vic Coll ther, Angus McEan Vig there, John McWilliam Vic Ean Vig ther, Ewan McAgone in Auchtyre Alexander McGillespick Vic Coll Vic Ean there, Duncan McEan Vic Innes, William McEan vic Innes ther, Angus McElldow ther, Donald McEan Vic Rorie ther, Duncan McConchie in Bohinnie, Angus McColl Roy there, Angus McConchie there, Dougall McInnes Vic Ean there, John Reoch McSorle in Breakoch Dougall Reoch McSorle his son ther, and Donald Reoch McSorrel his son ther, Angus McColl Vic Ean Reoch in Auchvadie John McAlaster Vic Coill Vic Alaster Sorrell McEan Reoch Vic Sorrell, Donald McConchie Vig there Angus McInnes Roy there Angus McNeill Voire there, Angus McCoill Gromach there, Donald McSorle Vic Ean Duye Vic Ean, John McEan Vic Wiliam in Bohintine Chyme Chyle, John McConchie Vic Ean Vic Wiliam ther, John McEan Duy Vic Ean there, Charles McSorrell ther, Angus McConchie Vic Wiliam there Donald McConchie Vic Wiliam there James Reoch McDougall ther, Angus Reoch McDougal his son there, Donald McEan Reoch Vic Dougall ther, all Subtennents To the said Coll McDonald Dwelling on their respective roomes and possessions, Angus Mcdonald In Bohintine, John Dow McAlaster Vc Ean ther, Donald Dow McAlaster Vc Ean his son ther Angus Mcean Vaine ther, John Mcean Vaine ther, John McGillendrish ther, Angus Mcean taylor ther, John Mcean Vic Sorrell ther, Duncan McColl Duie Voire ther, Donald McRorie ther, Archibald McInnes Vic Coll Vic Alaster in Benachin, Donald McInnes Vic Coll Vic Alaster his Brother ther, Alaster McInnes Vore ther, John McInnes ther, John McCoille Vic Alaster Oig ther, Angus McCoill Vic Alaster ther, Allan McCoill Vic Alaster ther, Duncan McEan Vic Ewan Reoch ther, Malcolm McCoill Vic Gillechally ther, Donald McColl vic Gillechalluiu his Brother ther John McCoil Vain ther, Donald Dow McColl vain ther Duncan Dow McColl vain his brother ther, all subtennents to the said Angus McDonald in Bohintie Donald McRorie Vic Alaster Vic Innes Roy principal possessor of Blairnahintin Donald McEan Vic Coll ther, John McEan Duy Vic Gillespick ther, Donald Moir Vic Ean Duy Vig ther, John McColl Vic Ean Vic Coll ther, Murdoch McPhersone, principall possessor of Bohaskie, Allan McPherson ther, Allan McEan Vic Innes ther, Donald McPhersone ther, John McAllan ther, Donald McSorrell Duy ther, John McSorrell ther, Alaster McAlaster Vig head possessor in Rennach, Neill Moir Vic Ean Vic Thomas ther, Donald McNeill ther, John McNeil ther, Alexander McGillespick Roy ther, Angus McAlaster Vic Innes Roy ther, Angus McAlaster Vic Alaster Oig there, Angus McDonald, head possessor in Tullich, Finlay McInnes Vic Finlay ther, Donald Dow McConchie ther, Farquhar Moir Vic Ean Vic Farquhar ther, Donald McEan Vic Ean Duie ther, William McConchie Vic Alaster ther, Duncan McCairne in Dellenderge, Paul McChallum ther, Alexander McInnes Vic Ean in Auchlaucherauch, John McInnes Vic Ean his brother ther, Neill McSorrell ther, John Dow McAllan ther, Donald McAllan Vic Ean ther, Angus McAllan Vic Ean ther, John McEan Vic Innes in Rivogy, Donald McInnes Vic Ean ther, Donald McChallum Vic Phaill ther, Angus McInnes Vic Conill in Murlagan, John McColl Vic Innes ther, Alexander McAllan Vic Neill ther, John McAllan Vic Neill ther, John McAlaster Vic Conill ther, Finlay McEan Vain ther, Alaster Moir McInnes Voir in Glenglaster, Angus McEan Vic Neill ther, Alaster McGillespick Vic Alaster ther, Donald McAlaster Vic Coill Vic Alaster ther, Donald McRobert Vic Coll Vic Innes ther, Donald McPhadrick Vain in Collorick, John McAlaster Vic Conil Vic Alaster in Bohinie, Angus Bain McEan Vic Coill in Auchvadie, Donald Bayn McEan Vic Coll his son ther, Gilespick McGillespick Vic Alaster Vic Ean ther, Alexander McDonald alias McColl quorum principall possessor of Inverroye More, Angus McDonald alias McAlaster Roy Vic Ean Sometyme In Glencoe now in Glenetuncle son to the deeceast […] McDonald of Glencoe were duely and orderly denunced our Rebells and putt to the horn by vertue of Letters of Denunciatione raised att the Instance of Lauchlan Mcintosh of that ilk against them for their not Compearing Before our Lords Justice Generall Justice-Clerk and Lords Commissioners of our Justiciary within the Tolbooth or Criminal Court house of Edinburgh The fourteenth Day of June Jaj vic nyntie seven years in the hour of cause ther to have underlyen the Law for the Crymes afterspecified Viz For ther Intruding themselves into and violent taking and Keeping possession of the said Lauchlan Mcintosh his Lands Keppoch Glenroe and Glenspean, and others worth the soume of Five Thousand merks of yearly Rent, Convocating a number of Lawless and Broken men, To about ane Thousand all bodden in feir of Weir Fighting resisting and opposing our forces and others under the Command of Captain Kenneth McKenzie of Suddie who were Commissionat To put a Commission of fire and Sword To Execution att the Instance of the said Lauchlan Mcintosh, Complainer against them and to Reposess him and disposess them, and For wounding mutilating and Killing to death severall persones and particularly the said Captain Kenneth McKenzie himself Lauchlan Mcintosh of Aberardour John and Wiliam McIntosh his Brethren Wiliam Hendry Masson Tayre […] Mcphersone in Bencharwine in Strathern and […] McQueen in Stranine ther, and taking severall prisoners and Threatning to putt them to Death unless the said Lauchlan McIntosh Complainer hade Surrendred himself to them and Then detaining him Captive till he was rescued by his friends and ther followers, And for violent Robbing from the said McIntosh and his friends, The number of Two Hundered Horses with all their furnitors and provisiones Extending in value To the soume of Twenty Thousand pounds Scots and for their wicked and Treasonable Burning down and destroying the said Lauchlan McIntosh Complainer his mansion house of Dinachtine hail office Houses furniture and plenishing, his Tennets houses robbing ther whole Catell and goods, Extending as is particularly proven by the Commission of Parliament to no Less than Two Thousand Four Hundered sixty six pounds sterling money and other Crymes mentioned in the saids Letters of Denunicatione as the same with the Executiones thereof duely Registrat in the Books of Adjournall Showen to our saids Lords Bears. Att the process of which Horning and Denunciatione The hail forenamed persons as yett remaine and abide taking no fear nor regaird thereof But daily haunt frequent and repair to Kirks mercats and other publick places as if they were our free Leidges And no such crymes hade been committed by them giving thereby Evil Example to others to Committ the Like hereafter. For Preventing Whereof and vindicating our authority from such high Contempt and for putting the said Lauchlane McIntosh of that ilk his Legall diligences to due and full Executione, Wee with advice of the Lords of our privy Councill having granted Commission of fire and sword of the date heirof to diverse persons therein mentioned with the powers therein contained In Execution of which service necessar, It is our saids Commissioners be accompanied with a force of our good and Loving Subjects dwelling in the Countrey next adjacent and that Letters of Concurrance and Intercommuning be direct in manner and to the Effect underwrittin Our Will is Heirfore And wee charge yow straitly and Command That Incontinent these our Letters seen ye pass to the mercat Crosses of […] and other places needfull and ther in our name and authority Command and charge all and sundry our Leidges and Subjects Betwixt sixty and sixteen within the sheriffdomes of Inverness Ross, Nairne, Perth Aberdeen […] And speacially to Command and Charge all and Sundry the said Lauchlan Mcintosh his Kine and friends of the name of Clanchattan by open proclamation att the mercat Cross of Inverness Tayne Nairne Pearth […] and other places needfull That they and Every one of them weel bodden and feir of Weir in the most substantious and warlike of manner Rise, Concurr, fortifie and assist our saids Commissioners in the prosecution of this our service, And For that Effect To Conveen and meet with them or so many of them as shal be present att such days tymes and places (seed tyme and harvest only Excepted) as they shall be advertised be the said Laird of McIntosh or John Grant of Clay-furrs or […] Polsone of Kinmyles sheriff deputs of Inverness and to goe forward with them or either of them in ours said service and follow their or either of them directions thereintill as they shall be commanded under all highest paine and charge that after may follow and wheras the bypast resett and supply which the saids Rebells oppressors and high Contemners of our authority and Laws hes found amongst their friends and acquaintances has given a great Encouragement among them To Continue in their Rebellion and and2 disobedience, And Wee being Resolved Exemplarly To punish such persons as hereafter shall give any Consort relict or supply to the saids Rebells, Doe heirby in manner forsaid give order and warrant to yow to Command and charge all and Sundrie our Leidges and subjects att the mercat Crosses of […] and other places needfull That none of them presume nor take upon hand To resett supply nor Intercomune with the saids Rebells nor furnish them with meal Drink, house harbour pouder Bullots armour victuals boats vessels nor No other thing comfortable to them, nor receive their goods in Keeping nor to Transport them to and frae ferries Nor have Inteligence with them by word write or messadge under whatsoever colour or pretext under the paine to be repute holden and Esteemed as airt and pairt with them in their oppositione and Rebellions and wicked deeds, and be punished with all rigour and Extremity to the Terror of others. And sicklike To Command and charge all our Leidges who are under assurance or Bonds of friendship with the said Rebells To Renunce and Discharge the samen Bonds and assistances and To Entertain no fellowship nor society with them hereafter, But to repute and Esteem them as nottorious rebells oppressors and high Contemners of our authority and Laws with Certification to them, who shall keep and Intertain the saids bonds and shall not discharge the samen in manner forsaid, That they shall be repute holden and esteemed as art and partakers with them in their wicked deeds and practises, And That ye pass to the mercat Crosses of […] and other places needfull and there in our name and authority prohibite and discharge all and sundry our Leidges That none of them presume to take possession of the Lauchlan McIntosh of that ilk his saids Lands in Brae-Lochaber or any pairt thereof in vice and place of the present usurping possessors withoutt the Laird of McIntosh his speciall warrand under the pain of being in the like manner Ejected by force of fire and sword They being first convicted thereof Given under our signett att Edinburgh The Twenty Two day of February and of our reign the nynth year. 1698. Per act 7 Dominor 7 sti. Cons: sic subscribitur Gilbert Eliot Cts sti Cons.

Att Edinburgh The Twenty second day of February Jaj vjc nynty Eight years

A1698/2/341

Act

Coppie Letters of Concurrance and Intercomuning The Laird of McIntosh against McDonalds

William By the Grace of God King of great Brittain France and Ireland defender of the faith to our Lovites […] Macers messengers att armes our sheriffs in that part Conjunctlie and Severallie speacialy Constitute Greeting Forasmuchas Wee And the Lords of our privy Councill understanding That upon the nynteenth day of June Jaj vic nyntie seven years Coll McDonald in Keppoch, Renold, Alexander and Angus Mcdonalds his Brothers, John Begg Mccan Vic Innes younger Sorrell Begg Mcean Vic Innes his son there, Donald Begg McEan Vic Innes his son ther, Sorrell McColl Duie ther, Ewan Mcconhie Vic Ean ther, Duncan Mcfail Vic Finlay ther, Duncan McConchie Vig there Angus McGrassich there, John McCollroye Vic Ean in Boline Angus McEan Vic Innes, John McInnes Vic Ean ther, Dougal Mcvic Ean ther, Duncan Mcvic Ean ther, Donald Pyper in Invermoye Beg, John McCoill Vic Innes ther, Donald McColl Vic Innes his son ther, Donald Begg McDougall ther, Angus McColl Oig Vic Coll ther, Angus McEan Vig there, John McWilliam Vic Ean Vig ther, Ewan McAgone in Auchtyre Alexander McGillespick Vic Coll Vic Ean there, Duncan McEan Vic Innes, William McEan vic Innes ther, Angus McElldow ther, Donald McEan Vic Rorie ther, Duncan McConchie in Bohinnie, Angus McColl Roy there, Angus McConchie there, Dougall McInnes Vic Ean there, John Reoch McSorle in Breakoch Dougall Reoch McSorle his son ther, and Donald Reoch McSorrel his son ther, Angus McColl Vic Ean Reoch in Auchvadie John McAlaster Vic Coill Vic Alaster Sorrell McEan Reoch Vic Sorrell, Donald McConchie Vig there Angus McInnes Roy there Angus McNeill Voire there, Angus McCoill Gromach there, Donald McSorle Vic Ean Duye Vic Ean, John McEan Vic Wiliam in Bohintine Chyme Chyle, John McConchie Vic Ean Vic Wiliam ther, John McEan Duy Vic Ean there, Charles McSorrell ther, Angus McConchie Vic Wiliam there Donald McConchie Vic Wiliam there James Reoch McDougall ther, Angus Reoch McDougal his son there, Donald McEan Reoch Vic Dougall ther, all Subtennents To the said Coll McDonald Dwelling on their respective roomes and possessions, Angus Mcdonald In Bohintine, John Dow McAlaster Vc Ean ther, Donald Dow McAlaster Vc Ean his son ther Angus Mcean Vaine ther, John Mcean Vaine ther, John McGillendrish ther, Angus Mcean taylor ther, John Mcean Vic Sorrell ther, Duncan McColl Duie Voire ther, Donald McRorie ther, Archibald McInnes Vic Coll Vic Alaster in Benachin, Donald McInnes Vic Coll Vic Alaster his Brother ther, Alaster McInnes Vore ther, John McInnes ther, John McCoille Vic Alaster Oig ther, Angus McCoill Vic Alaster ther, Allan McCoill Vic Alaster ther, Duncan McEan Vic Ewan Reoch ther, Malcolm McCoill Vic Gillechally ther, Donald McColl vic Gillechalluiu his Brother ther John McCoil Vain ther, Donald Dow McColl vain ther Duncan Dow McColl vain his brother ther, all subtennents to the said Angus McDonald in Bohintie Donald McRorie Vic Alaster Vic Innes Roy principal possessor of Blairnahintin Donald McEan Vic Coll ther, John McEan Duy Vic Gillespick ther, Donald Moir Vic Ean Duy Vig ther, John McColl Vic Ean Vic Coll ther, Murdoch McPhersone, principall possessor of Bohaskie, Allan McPherson ther, Allan McEan Vic Innes ther, Donald McPhersone ther, John McAllan ther, Donald McSorrell Duy ther, John McSorrell ther, Alaster McAlaster Vig head possessor in Rennach, Neill Moir Vic Ean Vic Thomas ther, Donald McNeill ther, John McNeil ther, Alexander McGillespick Roy ther, Angus McAlaster Vic Innes Roy ther, Angus McAlaster Vic Alaster Oig there, Angus McDonald, head possessor in Tullich, Finlay McInnes Vic Finlay ther, Donald Dow McConchie ther, Farquhar Moir Vic Ean Vic Farquhar ther, Donald McEan Vic Ean Duie ther, William McConchie Vic Alaster ther, Duncan McCairne in Dellenderge, Paul McChallum ther, Alexander McInnes Vic Ean in Auchlaucherauch, John McInnes Vic Ean his brother ther, Neill McSorrell ther, John Dow McAllan ther, Donald McAllan Vic Ean ther, Angus McAllan Vic Ean ther, John McEan Vic Innes in Rivogy, Donald McInnes Vic Ean ther, Donald McChallum Vic Phaill ther, Angus McInnes Vic Conill in Murlagan, John McColl Vic Innes ther, Alexander McAllan Vic Neill ther, John McAllan Vic Neill ther, John McAlaster Vic Conill ther, Finlay McEan Vain ther, Alaster Moir McInnes Voir in Glenglaster, Angus McEan Vic Neill ther, Alaster McGillespick Vic Alaster ther, Donald McAlaster Vic Coill Vic Alaster ther, Donald McRobert Vic Coll Vic Innes ther, Donald McPhadrick Vain in Collorick, John McAlaster Vic Conil Vic Alaster in Bohinie, Angus Bain McEan Vic Coill in Auchvadie, Donald Bayn McEan Vic Coll his son ther, Gilespick McGillespick Vic Alaster Vic Ean ther, Alexander McDonald alias McColl quorum principall possessor of Inverroye More, Angus McDonald alias McAlaster Roy Vic Ean Sometyme In Glencoe now in Glenetuncle son to the deeceast […] McDonald of Glencoe were duely and orderly denunced our Rebells and putt to the horn by vertue of Letters of Denunciatione raised att the Instance of Lauchlan Mcintosh of that ilk against them for their not Compearing Before our Lords Justice Generall Justice-Clerk and Lords Commissioners of our Justiciary within the Tolbooth or Criminal Court house of Edinburgh The fourteenth Day of June Jaj vic nyntie seven years in the hour of cause ther to have underlyen the Law for the Crymes afterspecified Viz For ther Intruding themselves into and violent taking and Keeping possession of the said Lauchlan Mcintosh his Lands Keppoch Glenroe and Glenspean, and others worth the soume of Five Thousand merks of yearly Rent, Convocating a number of Lawless and Broken men, To about ane Thousand all bodden in feir of Weir Fighting resisting and opposing our forces and others under the Command of Captain Kenneth McKenzie of Suddie who were Commissionat To put a Commission of fire and Sword To Execution att the Instance of the said Lauchlan Mcintosh, Complainer against them and to Reposess him and disposess them, and For wounding mutilating and Killing to death severall persones and particularly the said Captain Kenneth McKenzie himself Lauchlan Mcintosh of Aberardour John and Wiliam McIntosh his Brethren Wiliam Hendry Masson Tayre […] Mcphersone in Bencharwine in Strathern and […] McQueen in Stranine ther, and taking severall prisoners and Threatning to putt them to Death unless the said Lauchlan McIntosh Complainer hade Surrendred himself to them and Then detaining him Captive till he was rescued by his friends and ther followers, And for violent Robbing from the said McIntosh and his friends, The number of Two Hundered Horses with all their furnitors and provisiones Extending in value To the soume of Twenty Thousand pounds Scots and for their wicked and Treasonable Burning down and destroying the said Lauchlan McIntosh Complainer his mansion house of Dinachtine hail office Houses furniture and plenishing, his Tennets houses robbing ther whole Catell and goods, Extending as is particularly proven by the Commission of Parliament to no Less than Two Thousand Four Hundered sixty six pounds sterling money and other Crymes mentioned in the saids Letters of Denunicatione as the same with the Executiones thereof duely Registrat in the Books of Adjournall Showen to our saids Lords Bears. Att the process of which Horning and Denunciatione The hail forenamed persons as yett remaine and abide taking no fear nor regaird thereof But daily haunt frequent and repair to Kirks mercats and other publick places as if they were our free Leidges And no such crymes hade been committed by them giving thereby Evil Example to others to Committ the Like hereafter. For Preventing Whereof and vindicating our authority from such high Contempt and for putting the said Lauchlane McIntosh of that ilk his Legall diligences to due and full Executione, Wee with advice of the Lords of our privy Councill having granted Commission of fire and sword of the date heirof to diverse persons therein mentioned with the powers therein contained In Execution of which service necessar, It is our saids Commissioners be accompanied with a force of our good and Loving Subjects dwelling in the Countrey next adjacent and that Letters of Concurrance and Intercommuning be direct in manner and to the Effect underwrittin Our Will is Heirfore And wee charge yow straitly and Command That Incontinent these our Letters seen ye pass to the mercat Crosses of […] and other places needfull and ther in our name and authority Command and charge all and sundry our Leidges and Subjects Betwixt sixty and sixteen within the sheriffdomes of Inverness Ross, Nairne, Perth Aberdeen […] And speacially to Command and Charge all and Sundry the said Lauchlan Mcintosh his Kine and friends of the name of Clanchattan by open proclamation att the mercat Cross of Inverness Tayne Nairne Pearth […] and other places needfull That they and Every one of them weel bodden and feir of Weir in the most substantious and warlike of manner Rise, Concurr, fortifie and assist our saids Commissioners in the prosecution of this our service, And For that Effect To Conveen and meet with them or so many of them as shal be present att such days tymes and places (seed tyme and harvest only Excepted) as they shall be advertised be the said Laird of McIntosh or John Grant of Clay-furrs or […] Polsone of Kinmyles sheriff deputs of Inverness and to goe forward with them or either of them in ours said service and follow their or either of them directions thereintill as they shall be commanded under all highest paine and charge that after may follow and wheras the bypast resett and supply which the saids Rebells oppressors and high Contemners of our authority and Laws hes found amongst their friends and acquaintances has given a great Encouragement among them To Continue in their Rebellion and and2 disobedience, And Wee being Resolved Exemplarly To punish such persons as hereafter shall give any Consort relict or supply to the saids Rebells, Doe heirby in manner forsaid give order and warrant to yow to Command and charge all and Sundrie our Leidges and subjects att the mercat Crosses of […] and other places needfull That none of them presume nor take upon hand To resett supply nor Intercomune with the saids Rebells nor furnish them with meal Drink, house harbour pouder Bullots armour victuals boats vessels nor No other thing comfortable to them, nor receive their goods in Keeping nor to Transport them to and frae ferries Nor have Inteligence with them by word write or messadge under whatsoever colour or pretext under the paine to be repute holden and Esteemed as airt and pairt with them in their oppositione and Rebellions and wicked deeds, and be punished with all rigour and Extremity to the Terror of others. And sicklike To Command and charge all our Leidges who are under assurance or Bonds of friendship with the said Rebells To Renunce and Discharge the samen Bonds and assistances and To Entertain no fellowship nor society with them hereafter, But to repute and Esteem them as nottorious rebells oppressors and high Contemners of our authority and Laws with Certification to them, who shall keep and Intertain the saids bonds and shall not discharge the samen in manner forsaid, That they shall be repute holden and esteemed as art and partakers with them in their wicked deeds and practises, And That ye pass to the mercat Crosses of […] and other places needfull and there in our name and authority prohibite and discharge all and sundry our Leidges That none of them presume to take possession of the Lauchlan McIntosh of that ilk his saids Lands in Brae-Lochaber or any pairt thereof in vice and place of the present usurping possessors withoutt the Laird of McIntosh his speciall warrand under the pain of being in the like manner Ejected by force of fire and sword They being first convicted thereof Given under our signett att Edinburgh The Twenty Two day of February and of our reign the nynth year. 1698. Per act 7 Dominor 7 sti. Cons: sic subscribitur Gilbert Eliot Cts sti Cons.

1. NRS, PC1/51, 377-82.

2. Sic.

1. NRS, PC1/51, 377-82.

2. Sic.

Commission by the Council, 22 February 1698, Edinburgh

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Att Edinburgh The Twenty second day of February Jaj vjc nynty Eight years

A1698/2/331

Commission by the Council

Commission The Laird of McIntosh against McDonalds and others

William By the grace of God King of great Britain France and Ireland defender of the faith to our Lovites […] Macers of our privy Councill messengers att armes our sheriffs in that part Conjunctlie and Severallie specialy Constitute Greeting. Forasmuchas By a petition presented to the Lords of our privy Councill by Lachlan Mcintosh of that ilk Narrating That where the said Petitioner having obtained several Commissions of fire and sword from the Governments for the Tyme for Recovering possession of his Lands of Keppoch, Glenroe, Glenspean and his other Lands in the Braes of Lochaber from the deceast Archibald McDonald in Keppoch and from this Coll McDonald his son and that by force of arms in respect of their most Contumacious Slighting of the ordinary remedies provided by our Laws, as the Commission dated in September Jaj vic Eightie one years in the Reign of our Royall uncle King Charles the Second of ever blessed memory obtained against this Coll McDonald his said umquhill father and such as should become his accomplices in opposition to the Execution of the said Commission and another Act of privy Councill Renewing the said Comission against the said Coll MakDonald nominatim upon the death of his said Father dated the first day of March Jaj vic Eightie Eight years with the printed Letters of Intercommuning in the Reign of the Late King James against the said Coll MakDonald per expressum for his resisting the forsaid Commission anent the repossessing of the said petitioner and murthering of Captain McKenzie and some of the standing forces with diverse Gentlemen of the petitioners nearest Relations and followers by surprisall produced with the said Petition to the saids Lords of our privy Councill hes testified And Likewise that for the forsaids very Crimes he the said Coll McDonald was not only of new declared fugitive and out-law by sentence of the Lords Commissioners of Justiciary upon the fourteenth of June Last, But Likewise That the persons following as his accomplices were sicklike declared outlaws and fugitives Viz Ronald Alexander and Angus McDonalds his Brethren John Beagg Mckean Vic Innes in Keppoch Sorrell Beagg McKean Vic Innes his son there Donald Begg Mckean Vic Innes his son there Sorrel McCoil duie there Ewan MakConchy Vic Ean there Duncan Mcphail Vic Finlay there, Duncan MakConchy vig there, Angus McGrassick there, John McCoill Roye Vic Ean in Boliney, Angus McKean Vic Innes, John McInnes Vic Ean there, Dugald Mcvie Ean there, Duncan Mcvic Ean there Donald Pyper in Inveroy Beg, John McCoill vic Innes ther, Donald McCoill vic Innes his son there, Donald Begg McDugald there, Angus McCoill Oig Vic Coill there Angus McEan Vig there, John McWilliam Vic Ean Vig there, Ewen McAgone in Auchteir, Alexander McGillespick Vic Coill Vic Ean there, Duncan McEan Vic Innes, William McKean Vic Innes there, Angus McCoill Dow there, Donald McEan Vic Rory there, Duncan McConchie in Bohinnie Angus McCoill Roy there, Angus McConchie there, Dugald McInnes Vic Ean there, Angus McConchie there, Dugald McInnes Vic Ean there, John Reoch McSorle in Breakoch Dugald Reoch McSorle his son there, and Donald Reoch McSorle his son there, Angus McCoill Vic Ean Reoch In Aughvady, John McAlaster Vic Coill Vic Alaster Sorrell McCan Reoch Vic Sorrell Donald McConchy Oig ther Angus McInnes Roy ther, Angus McNeill Vore there, Angus McCoill Gromach there, Donald McSorle Vic Ean Due Ean, John Maklan Vic Wiliam in Bohintine, Chyme Chyle, John McConchy Vic Ean Vic Wiliam there, John Makland Duy vic Ean ther, Charles McSorle ther, Angus McConchie Vic Wiliam there, Donald McConchie Vic Wiliam there, James Reoch McDougal there, Angus Reoch McDougall, his son, there, Donald McEan Reoch Vic Dougal there, all subtennents to the said Coill McDonald dwelling on ther respective rooms and possessions, Angus McDonald in Bohintine, John Dow McAlaster Vc Ean there, Donald Dow McAlastar Vc Ean, his son, there, Angus McEan Vaine there, John McEan Vaine there, John McGilendrish there, Angus McEan there taylor, John McEan Vic Sorrell there, Duncan McCoill Duy Voire ther, Donald McRory there, Archibald McInnes Vic Coill Vic Allaster in Benachine, Donald McInnes Vic Coill Vic Alaster, his brother, there, Alaster McInnes Voire there, John McInnes there, John McCoill Vic Alaster Oig there, Angus McCoill Vic Alaster there, Allan McCoill Vic Alaster there, Duncan McEan Vic Ewan Reoch ther, Malcolm McCoill Vic Gillechallum there, Donald McCoill Vic Gillechallum, his brother, there, John McCoill Vaine there, Donald Dow McCoill Vaine there, Duncan Dow McCoill Vain, his brother there, all subtennents to the said Angus McDonald in Bohintine, Donald McRory Vic Allaster Vic Innes Roye, principal possessor of Blarnahinvine, Donald McEan Vic Coill there, John McEan Duy Vic Gilespick there, Donald Moire Vic Ean Duy Vig there, John McCoill Vic Ean Vic Coill there, Murdoch McPhersone, principall possessor of Bohasky, Allan McPherson there, Allan McEan Vic Innes there, Donald McPherson there, John McAllan there, Donald McSorrel Duy there, John McSorrell there, Alaster McAlaster Oig, head possessor in Renach, Neil More Vic Ean Vic Thomas there, Donald McNeil there, John McNeill there, Alexander McGillespick Roye there, Angus McAlaster Vic Innes Vic Roye there, Angus McAlaster Vic Alaster Oig there, Angus McDonald, head possessor in Tullich, Finlay McInnes Vic Finlay there, Donald Dow McConchie there, Farqwhair Moire Vic Ean Vic Farquhair there, Donald McEan Vic Ean Duy there, Wiliam McConchy Alaster there, Duncan McCairnam Delunderge, Paul MackChallum there, Alexander McInnes Vic Ean in Auchlaucherauch, John McInnes Vic Ean, his brother, there, Neill McSorrell there, John Dow McAllan there, Donald McAllan Vic Ean there, Angus McAllan Vic Ean there, John McEan Vic Innes in Rivoggy, Donald McInnes Vic Ean there, Donald McChallum Vic Phail there, Angus McInnes Vic Coill in Murgalan, John McCoill Vic Innes there, Alexander McAllan Vic Neill there, John McAllan Vic Neill there, John McAlaster Vic Conill there, Finlay McEan Vaine there, Alaster Moire McInnes Vore in Glen Glaster, Angus McEan Vic Neill there, Alaster McGilespick Vic Alaster there, Donald McAlaster Vic Coill Vic Alaster there, Donald McRobert Vic Coill Vic Innes there, Donald McPhadrick Vain in Callarick, John McAlaster Vic Conil Vic Alaster in Bohinnie, Angus Bain McEan Vic Coill in Auchvady, Donald Bain McEan Vic Coill, his son, there, Gillespick McGillespick Vic Alaster Vic Ean there, Alexander McDonald alias McCoill […], principal possessor of Inverroye Moire, Angus McDonald alias McAlaster Roye vic Ean, sometyme in Glenco, now in Glenehuncle, son to the deceast […] McDonald of Glenco and which Coll McDonald and hail persons forsaids were accordingly upon the nynteenth day of the said moneth of June denunced fugitives and outlaws. Wherupon Criminal Caption was Issued out against them upon the seventh of July last as the forsaid Deid of the Lords of the Lords of2 Justiciary with the Registrat Letters of Denunciation and Executions thereof with the Letters of Caption all produced Likewise with the said Petition more fully bears. And Seeing That by our Letter to the saids Lords of our privy Councill In reference to the Petitioners caice wee declared That it is below the Justice of our Government That any of our Loyall Subjects should be disappointed of the benefite of our Laws wee therfore required our saids Lords to fall upon methods for reducing the saids Rebells and repossessing the Petitioner in his said Lands and Estate, And Considering That no method can be more Effectuall for the saids Ends then the Renewing of the said Commission, It being the petitioners Lenity in not Executing the same hitherto in hopes of the said Coll McDonald and his accomplices there being reclaimed according to the professions and promises made that obstructed the same till now. And seeing The granting of such a Commission in the terms that the petitioner proposes the same is most suiteable to the Laws and practices of this realm in sua far as Primo It is observed by all that hes written upon our Laws, That in caices of Removal from Lands where Deits are removing and denunciationes thereon proves in Effectuall The Extraordinary remedy of Ejection and the reposessing the party manu militari or by Commission of fire and sword is practised according to the principles of the Common Laws allowing the Execution of all sentences by forcible Remedies where the ordinary remedies prove In Effectuall Secundo The Commission of Fire and Sword was formerly and most successfully granted to the petitioner against Sir Ewen Cameron of Lochzeald anno Jaj vic sixty Three Be vertue wherof The Petitioner came to peaceable posession of that part of his Estate illegally possest be him: And the Like Commission was Granted to Dumbar of Graine anno Jaj vic sixty seven against Robert Dumbar of Burgie be vertue whereof the said Robert was Ejected and Grainge putt in the peaceable possession of the house and estate of Burgie. Tertio The Petitioner craves not his petition to be renewed against any Indefinitely That were the accomplices of the said Jaj vic Mcdonald and his father in tymes past But such of them as are nominatim and per Expressum denounced Out-Laws and fugitives and duely registrat and under Caption as such ut supra and against the said Coll and such persons as shall adventure to associat them selves to him in opposition to the Execution of the said Commission or shall offer to resist the reposessing of the Petitioner in his saids Lands and Estate in the terms of the said first Comission swa that the petitioner proposed nothing by which honest or Innocent men may be prejudged, It being in power of our Leidges by not making opposition to secure themselves. Quarto The Governour and Garrison of Fort-William Being Kept by us on foot for rendring the Highlands more peaceable and orderly in obedience to our Laws. The petitioner humbly supposes the said Governour with so many of the said Garrison as he or the Commanding officer at our said Garrison for the tyme Being shall think fitt, might be reasonably Joined with the petitioner in the Commission Especialy considering that the Petitioner his Lands of Brae-Lochaber lyes within four or five miles of our said Garrison of Fort-Wiliam Therfore humbly Craving That our saids Lords of Privy Councill would be pleased to take the hail premisis to ther Consideration and by their deliverance upon the said petition To Renew the said Petitioners Commission of fire and sword To the said Governour or Commanding officer at Fort-Wiliam for the tyme being, And to the Petitioner himself and to the other persons given in, in List, with the said Petition for reposessing of the said Petitioner in his saids Lands and Estate and that against the said Coll Mcdonald and the particular persons above declared fugitives and outlaws and denounced ut supra, And such persons as shall associat themselves to him or Resist the Execution of the said Commission, And sicklike That in the termes of the Letters of Concurrance and Intercommuning produced with the said Bill and granted upon the forsaid first Commission. Our saids Lords of our privy Councill would be pleased to renew such like letters with a further prohibition against our Leiges that none of them presume to take possession of the Petitioners Lands in Brae-Lochaber or any pairt thereof in vice and place of the present usurping possessors without the petitioners speciall warrand under the pain of being Ejected by force of fire and sword, as the said Petition and Documents therein mentioned and produced to our saids Lords in themselves att more Length Bears. Under which Denomination and Intercommuning and outlawry aforsaid the said Coill McDonald and hail persones aforesaid hes ever since Lyen and abidden taking no Regaird thereof nor of our authority and Laws But in manifest Contempt thereof dayly and Continualy haunts frequents and Repairs to Kirk mercat and other publick places within this realm as if they were our free Leidges and yet by violence and oppression Keeps and detains the possession of the forsaid Lands without any Respect or Regaird to our Authority and to the evil Example and Encouragement of others to doe the Like in tyme Coming. For preventing thereof and vindicating our Authority from such high Contempt and for putting the said Lachlan McIntosh of that ilk his said legall diligence to due and full Executione. Wee with advice of the Lords of our privy Councill Have made and Constitute and by the tenor heirof Make and Constitute The said Lachlan McIntosh of that ilk, the said Governour or the Commanding officer att our said Garrison of Fort-William for the tyme Being, Ludovick Grant of that Ilk, John Grant of Clay-furrs sheriff Depute of Inverness, Duncan McPhersone of Clunie, Charles Farquarsone of Monaltrie, Patrick Grant of Rothiermurcus Angus McInosh younger of Killochie Mr William Mcintosh of Aberardour John Farquarson of Inercauld […] Shaw of Dell, Farquhart Makilurae of Duminaglash […] Alexander Shaw of Ginshich Donald Mcqueen of Corribrach, Alexander Shaw younger of Fordarrach William Mcintosh younger of Borlum Francis Farquharson of Fingon Malcolm Fraser of Culduthell, John Mcintosh younger of Holme, John Mcklean of Dochgamoch, George Monro of Culraine, Lachlan Mcintosh tutor of Dalmungie and Lauchlan McIntosh of Stron our Commissioners and Justices in that part to the Effect after specifiet Give and Grant and and3 Committ and to them Conjunctie and severallie our full power and Command Express bidding and chare to Convocate our Leidges in arms and to pass and search, seek, hunt, follow take apprehend Imprison or present to Justice and in caice of Resistance hostility or opposition to pursue to the death The said Coll McDonald and hail persons outlawers and fugitives aforesaid and such persons as shall associate themselves to him or the saids outlaweds or resist the Execution of this our Commission where ever they can be apprehended and if they or any of them for ther refuge shall happen to flee to houses or strengths, In that caice wee with Advice of our saids Lords gives full power and Commission to our saids Commissioners Conjunctlie and severallie as said is to pass persue and asseige the saids houses or strengths raise fire and use all force and warlike Engines that can be hade for winning and Recovering thereof and apprehending the said Coll McDonald and other outlaweds aforesaid and such persones as shall associat themselves to him or them or resist the Execution of this our Commission as Rebels and Traitors and if in persute of the saids Rebells, they resisting to be taken or asseidging the saids Strengths, or houses there shall happen slaughter, mutilation, fire raising, Destruction of corn or goods or other Inconveniency whatsomever to follow, Wee with advice forsaid Will and Grant and for us and our successors, Decerne and Declare That the same shall not be Impute as Crime nor offence to our saids Commissioners nor to the persons assisting them in the Execution of this our Commission, And that they nor none of them shall be called nor accused therefore criminally or civily in tyme coming Exonering Them thereof and of all punishment and danger that they or any of them shall happen to Incurr therthrough for Ever. And for the better Execution of this our Commission with power to our saids Commissioners Conjunctly and Severallie as said is and such persones our Leidges as shall be Convocat by them or shall be joyned with them to the Effect foresaid To bear, wear, and use swords, Hagbuts pistols and other warlike weapons in their going from their own houses to this our Service in the tyme that they are in the prosecution of the samen and in their return home to their houses, Prohibiteing heirby all our Leidges that none of them presume to take possession of the said Lachlan Mcintosh of that Ilk his saids Lands of Keppoch Glenroe, Glenspean or any of his Lands in Brae-Lochaber or any part thereof in vice and place of the present usurping possessors thereof without the said Lachlan Mcintosh his speciall warrand for that Effect, under the pain of being Ejected by force of fire and sword how soon and whensoever they shall be duely convict thereof, befor the saids Lords of our privy Councill and generally all and Sundry other things to doe use and Exerce which by the Law and Consuetude of this realm is Known to appertain firm and stable holding and for to hold all and whatsomever things shall be Laufullie done therein be our saids Commissioners or any of them And farder wee with advice Advice4 forsaid have taken and heirby take our saids Commissioners and such persons as shall assist Them in the Execution of this our Commission To stand and Endure ay and while the samen be discharged by us and our Councill. Our Wil is Herefore and wee charge yow Strictly and Command That Incontinent thir our Letters seen ye pass and in our name and authority make publication heirof be open proclamation at the mercat cross of Inverness head Burgh of the shire, within which the saids Lands lyes and other places needfull, That none may pretend Ignorance of the same and that ye command and charge all our Leidges to Reverence acknowledge and obey, Concurr with fortifie and assist our saids Commissioners and every one of them in all things tending to the Execution of this our Commission as they and ilk ane of them will be answerable upon their obedience and That yee prohibite all our Leidges that none of them presume to take possession of the said Lauchlan Mcintosh his Lands of Keppoch Glenroye Glenspean nor any other of his Lands in Brae-Lochaber or any pairt thereof in vice and place of the present usurping possessors without the said Lauchlan McIntosh his speciall warrand for that Effect under the pain of being Ejected by force of fire and Sword they being duely Convict thereof in manner abovementioned The whilk to doe wee committ to yow Conjunctlie and severallie our full power be thir our Letters delivering them by yow duely Execute and Indorsat again to the Bearer. Given under our Signet att Edinburgh the Twenty second of February and of our Reign the nynth year 1698. Sic subscribitur Marchmont Cancellar Tweddale Southerland, Leven, Annandale Ruglen Forbes, Carmichaell James Stewart Adam Cockburn Archibald Muire Boyle of Kelburn Patrick Murray.
This Commission is signet with the Councill signet Written upon the Back Thus, Att Edinburgh The 22d of February 1698. The Commission within writtin is Recorded in the Bookes of privy Council By me sic subscribitur Gilbert Eliot Cls: sti: Cons:.

Att Edinburgh The Twenty second day of February Jaj vjc nynty Eight years

A1698/2/331

Commission by the Council

Commission The Laird of McIntosh against McDonalds and others

William By the grace of God King of great Britain France and Ireland defender of the faith to our Lovites […] Macers of our privy Councill messengers att armes our sheriffs in that part Conjunctlie and Severallie specialy Constitute Greeting. Forasmuchas By a petition presented to the Lords of our privy Councill by Lachlan Mcintosh of that ilk Narrating That where the said Petitioner having obtained several Commissions of fire and sword from the Governments for the Tyme for Recovering possession of his Lands of Keppoch, Glenroe, Glenspean and his other Lands in the Braes of Lochaber from the deceast Archibald McDonald in Keppoch and from this Coll McDonald his son and that by force of arms in respect of their most Contumacious Slighting of the ordinary remedies provided by our Laws, as the Commission dated in September Jaj vic Eightie one years in the Reign of our Royall uncle King Charles the Second of ever blessed memory obtained against this Coll McDonald his said umquhill father and such as should become his accomplices in opposition to the Execution of the said Commission and another Act of privy Councill Renewing the said Comission against the said Coll MakDonald nominatim upon the death of his said Father dated the first day of March Jaj vic Eightie Eight years with the printed Letters of Intercommuning in the Reign of the Late King James against the said Coll MakDonald per expressum for his resisting the forsaid Commission anent the repossessing of the said petitioner and murthering of Captain McKenzie and some of the standing forces with diverse Gentlemen of the petitioners nearest Relations and followers by surprisall produced with the said Petition to the saids Lords of our privy Councill hes testified And Likewise that for the forsaids very Crimes he the said Coll McDonald was not only of new declared fugitive and out-law by sentence of the Lords Commissioners of Justiciary upon the fourteenth of June Last, But Likewise That the persons following as his accomplices were sicklike declared outlaws and fugitives Viz Ronald Alexander and Angus McDonalds his Brethren John Beagg Mckean Vic Innes in Keppoch Sorrell Beagg McKean Vic Innes his son there Donald Begg Mckean Vic Innes his son there Sorrel McCoil duie there Ewan MakConchy Vic Ean there Duncan Mcphail Vic Finlay there, Duncan MakConchy vig there, Angus McGrassick there, John McCoill Roye Vic Ean in Boliney, Angus McKean Vic Innes, John McInnes Vic Ean there, Dugald Mcvie Ean there, Duncan Mcvic Ean there Donald Pyper in Inveroy Beg, John McCoill vic Innes ther, Donald McCoill vic Innes his son there, Donald Begg McDugald there, Angus McCoill Oig Vic Coill there Angus McEan Vig there, John McWilliam Vic Ean Vig there, Ewen McAgone in Auchteir, Alexander McGillespick Vic Coill Vic Ean there, Duncan McEan Vic Innes, William McKean Vic Innes there, Angus McCoill Dow there, Donald McEan Vic Rory there, Duncan McConchie in Bohinnie Angus McCoill Roy there, Angus McConchie there, Dugald McInnes Vic Ean there, Angus McConchie there, Dugald McInnes Vic Ean there, John Reoch McSorle in Breakoch Dugald Reoch McSorle his son there, and Donald Reoch McSorle his son there, Angus McCoill Vic Ean Reoch In Aughvady, John McAlaster Vic Coill Vic Alaster Sorrell McCan Reoch Vic Sorrell Donald McConchy Oig ther Angus McInnes Roy ther, Angus McNeill Vore there, Angus McCoill Gromach there, Donald McSorle Vic Ean Due Ean, John Maklan Vic Wiliam in Bohintine, Chyme Chyle, John McConchy Vic Ean Vic Wiliam there, John Makland Duy vic Ean ther, Charles McSorle ther, Angus McConchie Vic Wiliam there, Donald McConchie Vic Wiliam there, James Reoch McDougal there, Angus Reoch McDougall, his son, there, Donald McEan Reoch Vic Dougal there, all subtennents to the said Coill McDonald dwelling on ther respective rooms and possessions, Angus McDonald in Bohintine, John Dow McAlaster Vc Ean there, Donald Dow McAlastar Vc Ean, his son, there, Angus McEan Vaine there, John McEan Vaine there, John McGilendrish there, Angus McEan there taylor, John McEan Vic Sorrell there, Duncan McCoill Duy Voire ther, Donald McRory there, Archibald McInnes Vic Coill Vic Allaster in Benachine, Donald McInnes Vic Coill Vic Alaster, his brother, there, Alaster McInnes Voire there, John McInnes there, John McCoill Vic Alaster Oig there, Angus McCoill Vic Alaster there, Allan McCoill Vic Alaster there, Duncan McEan Vic Ewan Reoch ther, Malcolm McCoill Vic Gillechallum there, Donald McCoill Vic Gillechallum, his brother, there, John McCoill Vaine there, Donald Dow McCoill Vaine there, Duncan Dow McCoill Vain, his brother there, all subtennents to the said Angus McDonald in Bohintine, Donald McRory Vic Allaster Vic Innes Roye, principal possessor of Blarnahinvine, Donald McEan Vic Coill there, John McEan Duy Vic Gilespick there, Donald Moire Vic Ean Duy Vig there, John McCoill Vic Ean Vic Coill there, Murdoch McPhersone, principall possessor of Bohasky, Allan McPherson there, Allan McEan Vic Innes there, Donald McPherson there, John McAllan there, Donald McSorrel Duy there, John McSorrell there, Alaster McAlaster Oig, head possessor in Renach, Neil More Vic Ean Vic Thomas there, Donald McNeil there, John McNeill there, Alexander McGillespick Roye there, Angus McAlaster Vic Innes Vic Roye there, Angus McAlaster Vic Alaster Oig there, Angus McDonald, head possessor in Tullich, Finlay McInnes Vic Finlay there, Donald Dow McConchie there, Farqwhair Moire Vic Ean Vic Farquhair there, Donald McEan Vic Ean Duy there, Wiliam McConchy Alaster there, Duncan McCairnam Delunderge, Paul MackChallum there, Alexander McInnes Vic Ean in Auchlaucherauch, John McInnes Vic Ean, his brother, there, Neill McSorrell there, John Dow McAllan there, Donald McAllan Vic Ean there, Angus McAllan Vic Ean there, John McEan Vic Innes in Rivoggy, Donald McInnes Vic Ean there, Donald McChallum Vic Phail there, Angus McInnes Vic Coill in Murgalan, John McCoill Vic Innes there, Alexander McAllan Vic Neill there, John McAllan Vic Neill there, John McAlaster Vic Conill there, Finlay McEan Vaine there, Alaster Moire McInnes Vore in Glen Glaster, Angus McEan Vic Neill there, Alaster McGilespick Vic Alaster there, Donald McAlaster Vic Coill Vic Alaster there, Donald McRobert Vic Coill Vic Innes there, Donald McPhadrick Vain in Callarick, John McAlaster Vic Conil Vic Alaster in Bohinnie, Angus Bain McEan Vic Coill in Auchvady, Donald Bain McEan Vic Coill, his son, there, Gillespick McGillespick Vic Alaster Vic Ean there, Alexander McDonald alias McCoill […], principal possessor of Inverroye Moire, Angus McDonald alias McAlaster Roye vic Ean, sometyme in Glenco, now in Glenehuncle, son to the deceast […] McDonald of Glenco and which Coll McDonald and hail persons forsaids were accordingly upon the nynteenth day of the said moneth of June denunced fugitives and outlaws. Wherupon Criminal Caption was Issued out against them upon the seventh of July last as the forsaid Deid of the Lords of the Lords of2 Justiciary with the Registrat Letters of Denunciation and Executions thereof with the Letters of Caption all produced Likewise with the said Petition more fully bears. And Seeing That by our Letter to the saids Lords of our privy Councill In reference to the Petitioners caice wee declared That it is below the Justice of our Government That any of our Loyall Subjects should be disappointed of the benefite of our Laws wee therfore required our saids Lords to fall upon methods for reducing the saids Rebells and repossessing the Petitioner in his said Lands and Estate, And Considering That no method can be more Effectuall for the saids Ends then the Renewing of the said Commission, It being the petitioners Lenity in not Executing the same hitherto in hopes of the said Coll McDonald and his accomplices there being reclaimed according to the professions and promises made that obstructed the same till now. And seeing The granting of such a Commission in the terms that the petitioner proposes the same is most suiteable to the Laws and practices of this realm in sua far as Primo It is observed by all that hes written upon our Laws, That in caices of Removal from Lands where Deits are removing and denunciationes thereon proves in Effectuall The Extraordinary remedy of Ejection and the reposessing the party manu militari or by Commission of fire and sword is practised according to the principles of the Common Laws allowing the Execution of all sentences by forcible Remedies where the ordinary remedies prove In Effectuall Secundo The Commission of Fire and Sword was formerly and most successfully granted to the petitioner against Sir Ewen Cameron of Lochzeald anno Jaj vic sixty Three Be vertue wherof The Petitioner came to peaceable posession of that part of his Estate illegally possest be him: And the Like Commission was Granted to Dumbar of Graine anno Jaj vic sixty seven against Robert Dumbar of Burgie be vertue whereof the said Robert was Ejected and Grainge putt in the peaceable possession of the house and estate of Burgie. Tertio The Petitioner craves not his petition to be renewed against any Indefinitely That were the accomplices of the said Jaj vic Mcdonald and his father in tymes past But such of them as are nominatim and per Expressum denounced Out-Laws and fugitives and duely registrat and under Caption as such ut supra and against the said Coll and such persons as shall adventure to associat them selves to him in opposition to the Execution of the said Commission or shall offer to resist the reposessing of the Petitioner in his saids Lands and Estate in the terms of the said first Comission swa that the petitioner proposed nothing by which honest or Innocent men may be prejudged, It being in power of our Leidges by not making opposition to secure themselves. Quarto The Governour and Garrison of Fort-William Being Kept by us on foot for rendring the Highlands more peaceable and orderly in obedience to our Laws. The petitioner humbly supposes the said Governour with so many of the said Garrison as he or the Commanding officer at our said Garrison for the tyme Being shall think fitt, might be reasonably Joined with the petitioner in the Commission Especialy considering that the Petitioner his Lands of Brae-Lochaber lyes within four or five miles of our said Garrison of Fort-Wiliam Therfore humbly Craving That our saids Lords of Privy Councill would be pleased to take the hail premisis to ther Consideration and by their deliverance upon the said petition To Renew the said Petitioners Commission of fire and sword To the said Governour or Commanding officer at Fort-Wiliam for the tyme being, And to the Petitioner himself and to the other persons given in, in List, with the said Petition for reposessing of the said Petitioner in his saids Lands and Estate and that against the said Coll Mcdonald and the particular persons above declared fugitives and outlaws and denounced ut supra, And such persons as shall associat themselves to him or Resist the Execution of the said Commission, And sicklike That in the termes of the Letters of Concurrance and Intercommuning produced with the said Bill and granted upon the forsaid first Commission. Our saids Lords of our privy Councill would be pleased to renew such like letters with a further prohibition against our Leiges that none of them presume to take possession of the Petitioners Lands in Brae-Lochaber or any pairt thereof in vice and place of the present usurping possessors without the petitioners speciall warrand under the pain of being Ejected by force of fire and sword, as the said Petition and Documents therein mentioned and produced to our saids Lords in themselves att more Length Bears. Under which Denomination and Intercommuning and outlawry aforsaid the said Coill McDonald and hail persones aforesaid hes ever since Lyen and abidden taking no Regaird thereof nor of our authority and Laws But in manifest Contempt thereof dayly and Continualy haunts frequents and Repairs to Kirk mercat and other publick places within this realm as if they were our free Leidges and yet by violence and oppression Keeps and detains the possession of the forsaid Lands without any Respect or Regaird to our Authority and to the evil Example and Encouragement of others to doe the Like in tyme Coming. For preventing thereof and vindicating our Authority from such high Contempt and for putting the said Lachlan McIntosh of that ilk his said legall diligence to due and full Executione. Wee with advice of the Lords of our privy Councill Have made and Constitute and by the tenor heirof Make and Constitute The said Lachlan McIntosh of that ilk, the said Governour or the Commanding officer att our said Garrison of Fort-William for the tyme Being, Ludovick Grant of that Ilk, John Grant of Clay-furrs sheriff Depute of Inverness, Duncan McPhersone of Clunie, Charles Farquarsone of Monaltrie, Patrick Grant of Rothiermurcus Angus McInosh younger of Killochie Mr William Mcintosh of Aberardour John Farquarson of Inercauld […] Shaw of Dell, Farquhart Makilurae of Duminaglash […] Alexander Shaw of Ginshich Donald Mcqueen of Corribrach, Alexander Shaw younger of Fordarrach William Mcintosh younger of Borlum Francis Farquharson of Fingon Malcolm Fraser of Culduthell, John Mcintosh younger of Holme, John Mcklean of Dochgamoch, George Monro of Culraine, Lachlan Mcintosh tutor of Dalmungie and Lauchlan McIntosh of Stron our Commissioners and Justices in that part to the Effect after specifiet Give and Grant and and3 Committ and to them Conjunctie and severallie our full power and Command Express bidding and chare to Convocate our Leidges in arms and to pass and search, seek, hunt, follow take apprehend Imprison or present to Justice and in caice of Resistance hostility or opposition to pursue to the death The said Coll McDonald and hail persons outlawers and fugitives aforesaid and such persons as shall associate themselves to him or the saids outlaweds or resist the Execution of this our Commission where ever they can be apprehended and if they or any of them for ther refuge shall happen to flee to houses or strengths, In that caice wee with Advice of our saids Lords gives full power and Commission to our saids Commissioners Conjunctlie and severallie as said is to pass persue and asseige the saids houses or strengths raise fire and use all force and warlike Engines that can be hade for winning and Recovering thereof and apprehending the said Coll McDonald and other outlaweds aforesaid and such persones as shall associat themselves to him or them or resist the Execution of this our Commission as Rebels and Traitors and if in persute of the saids Rebells, they resisting to be taken or asseidging the saids Strengths, or houses there shall happen slaughter, mutilation, fire raising, Destruction of corn or goods or other Inconveniency whatsomever to follow, Wee with advice forsaid Will and Grant and for us and our successors, Decerne and Declare That the same shall not be Impute as Crime nor offence to our saids Commissioners nor to the persons assisting them in the Execution of this our Commission, And that they nor none of them shall be called nor accused therefore criminally or civily in tyme coming Exonering Them thereof and of all punishment and danger that they or any of them shall happen to Incurr therthrough for Ever. And for the better Execution of this our Commission with power to our saids Commissioners Conjunctly and Severallie as said is and such persones our Leidges as shall be Convocat by them or shall be joyned with them to the Effect foresaid To bear, wear, and use swords, Hagbuts pistols and other warlike weapons in their going from their own houses to this our Service in the tyme that they are in the prosecution of the samen and in their return home to their houses, Prohibiteing heirby all our Leidges that none of them presume to take possession of the said Lachlan Mcintosh of that Ilk his saids Lands of Keppoch Glenroe, Glenspean or any of his Lands in Brae-Lochaber or any part thereof in vice and place of the present usurping possessors thereof without the said Lachlan Mcintosh his speciall warrand for that Effect, under the pain of being Ejected by force of fire and sword how soon and whensoever they shall be duely convict thereof, befor the saids Lords of our privy Councill and generally all and Sundry other things to doe use and Exerce which by the Law and Consuetude of this realm is Known to appertain firm and stable holding and for to hold all and whatsomever things shall be Laufullie done therein be our saids Commissioners or any of them And farder wee with advice Advice4 forsaid have taken and heirby take our saids Commissioners and such persons as shall assist Them in the Execution of this our Commission To stand and Endure ay and while the samen be discharged by us and our Councill. Our Wil is Herefore and wee charge yow Strictly and Command That Incontinent thir our Letters seen ye pass and in our name and authority make publication heirof be open proclamation at the mercat cross of Inverness head Burgh of the shire, within which the saids Lands lyes and other places needfull, That none may pretend Ignorance of the same and that ye command and charge all our Leidges to Reverence acknowledge and obey, Concurr with fortifie and assist our saids Commissioners and every one of them in all things tending to the Execution of this our Commission as they and ilk ane of them will be answerable upon their obedience and That yee prohibite all our Leidges that none of them presume to take possession of the said Lauchlan Mcintosh his Lands of Keppoch Glenroye Glenspean nor any other of his Lands in Brae-Lochaber or any pairt thereof in vice and place of the present usurping possessors without the said Lauchlan McIntosh his speciall warrand for that Effect under the pain of being Ejected by force of fire and Sword they being duely Convict thereof in manner abovementioned The whilk to doe wee committ to yow Conjunctlie and severallie our full power be thir our Letters delivering them by yow duely Execute and Indorsat again to the Bearer. Given under our Signet att Edinburgh the Twenty second of February and of our Reign the nynth year 1698. Sic subscribitur Marchmont Cancellar Tweddale Southerland, Leven, Annandale Ruglen Forbes, Carmichaell James Stewart Adam Cockburn Archibald Muire Boyle of Kelburn Patrick Murray.
This Commission is signet with the Councill signet Written upon the Back Thus, Att Edinburgh The 22d of February 1698. The Commission within writtin is Recorded in the Bookes of privy Council By me sic subscribitur Gilbert Eliot Cls: sti: Cons:.

1. NRS, PC1/51, 370-7.

2. Sic.

3. Sic.

4. Sic.

1. NRS, PC1/51, 370-7.

2. Sic.

3. Sic.

4. Sic.

Act, 22 February 1698, Edinburgh

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Att Edinburgh The Twenty second day of February Jaj vjc nynty Eight years

A1698/2/321

Act

Act Renewing McKintoshes Commission for raising fire and sword against Colonell McDonald and others

Anent the Petition given in to the Lords of his majesties privy Councill By Lauchlan McIntosh of that Ilk. Shewing That where ther Petitioner having obtained severall Commissions of fire and sword from the Government for the Tyme for recovering possession of his Lands of Keppock, Glenroe, Glenspean and his other Lands in the braes of Lochaber from the deceast Archbiald McDonald in Keppoch and from this Coll McDonald his son and that be force of arms, In respect of their most contumacious slighting of the ordinary remedies provided by Law as the Commission dated in September 1681 In the Reign of King Charles the 2nd obtained against this Coll McDonald his said umquhill father and such as should Become his accomplices in oppositione to the Execution of the said Commission and another act of privy Councill Renewing the said Commission against this Coll McDonald nominatim upon the death of his said father, dated the first of March 1688 with the printed Letters of Intercommuning in the reign of the Late King James against the said Coll McDonald per Expressum for his resisting the forsaid Commission anent the Repossessing of ther said petitioner and murthering of Captain McKenzie and some of the standing forces with diverse Gentlemen of their petitioners nearest Relations and followers by Surprisall heirwith produced doth testifie Likeas for the forsaids very Crymes He the said Coll McDonald was not only of new again declared fugitive by sentence of the Lords Commissioners of Justiciarie upon the 14th of June Last But Likeways Ane hundereth and Thirty persones more of his accomplices nomiantion and who accordingly upon the nynteenth of the said moneth of June were all denunced fugitives and out-laws wherupon Letters of Criminall Caption were Issued out against them upon he 7th of July Last as the forsaid Decreet of the Lords of Justiciarie with the registrat Letters of Dennunciatione and Execution therof and Letters of Caption more fully bears. And seing That by his Majesties most gracious Letter to their Lordships in Reference to their petitioners caice, His majestie is pleased To declare That it is below the Justice of his Government That any of his Loyall subjects should be disappointed of the benefite of his Laws. His Majestie Therfore requires their Lordships To fall on methods for reducing the saids rebells and reposessing ther petitioner in his said Lands and Estate And considering That no method can be more Effectual for the saids Ends Then the renewing of the said Commission It being their petitioners Lenity In not Executing the samen hitherto In hopes of the said Coll McDonald and his accomplices their being reclaimed according to the professions and promises made that obstructed the same till now. And seing the Granting of such a Commission in the terms that ther petitioner proposes in most suitable to the Laws and practique of this Realm In so farr as (1mo) It is observed by all that have written of our Laws That in caices of Removal from Lands wher Deits of Removal and denunciations thereon, proves ineffectual The Extraordinary Remedy of Ejectione and the repossessing the partie manu militari or by Commission of fire and Sword is practised according to the principles of common Law allowing the Executione of all Sentences by forcible Remedies where the ordinary Remedies prove ineffectuall as McKenzie observes in his Institutions page 390. (2do) A Commission of fire and Sword was formerly and most successfully granted to their petitioner against Sir Ewen Cameron of Lochzeal anno 1663 Be vertue whereof Ther petitioner Came to peaceable possession of that pairt of his estate illegaly posest be him, And the Like Commission was Granted to Dumbar of Grange anno 1667 against Robert Dumbar of Burgie, By vertue wherof the said Robert was Ejected and Grange putt in the peaceable possession of the house and Estate of Burgie besyde that It is well Knowen That the Earle of Argile was allowed the lyke Commission against McLean. (3tio) Ther petitioner Craves not his Commission to be Renewed against any indefinitely that were the accomplices of the said Coll McDonald and his father in tyme past But such of them as are nominatim and per Expressum denunced out-laws and fugitives and duely registrat and under Caption ut supra and against the said Coll and such persons as shall adventure to associat themselves to him in opposition to the Execution of the said Commission or shall offer to resist the repossessing of their petitioner in his saids Lands and Estate in the termes of the said first Commission, sua That their petitioner proposes nothing by which honnest and Innocent men may be prejudged It being in the power of the Leidges by not making opposition To Secure themselves (4to) The Governour and Garrison of Fortwilliam Being Keeped on foot Expresly for rendring the highlands more peacable and orderly in their obedience to the Lawes The petitioner humbly supposes That the said Governour with sua many of his Regiment as he or the Commanding officers at Fortwilliam for the tyme being shall think meet might be reasonably Joyned with their petitioner in the Commission, Speacialy Considering that ther petitioners Lands of Brae-Lochaber lyes within four or five miles of the Garrison of Fortwilliam. And Therfore Humbly craving To the Effect underwritten as the said petition Bears. The saids Lords of his majesties privy Councill having Considered the above petition given in to them by the above Laird of Mcintosh, They doe heirby Renew the petitioners Commission of fire and sword to the persones mentioned in the said Commission The saids persons Being either qualified already or qualifieing themselves in the Terms of the act of parliament by swearing the oath of alledgance and signing the assurance to his majestie appointed by act of Parliament And That before ane magistrat or Judge Competent Before the persons not yett qualified Enter upon the Exercise of of2 any any pairt of their office by vertue of the said Commission And Sicklike in the Terms of the Letters of Concurrance and Intercomuning mentioned in and produced with the said Petition, The saids Lords doe heirby Renew such Like Letters with a farder prohibition against the Leidges That none of them presume To take possession of the petitioners Lands in Brae-Lochaber or any pairt therof in vice and place of the present usurping possessors without the petitioners speciall warrand under the pain of being in the Like manner Ejected by force of fire and sword they first Being convicted thereof.

Att Edinburgh The Twenty second day of February Jaj vjc nynty Eight years

A1698/2/321

Act

Act Renewing McKintoshes Commission for raising fire and sword against Colonell McDonald and others

Anent the Petition given in to the Lords of his majesties privy Councill By Lauchlan McIntosh of that Ilk. Shewing That where ther Petitioner having obtained severall Commissions of fire and sword from the Government for the Tyme for recovering possession of his Lands of Keppock, Glenroe, Glenspean and his other Lands in the braes of Lochaber from the deceast Archbiald McDonald in Keppoch and from this Coll McDonald his son and that be force of arms, In respect of their most contumacious slighting of the ordinary remedies provided by Law as the Commission dated in September 1681 In the Reign of King Charles the 2nd obtained against this Coll McDonald his said umquhill father and such as should Become his accomplices in oppositione to the Execution of the said Commission and another act of privy Councill Renewing the said Commission against this Coll McDonald nominatim upon the death of his said father, dated the first of March 1688 with the printed Letters of Intercommuning in the reign of the Late King James against the said Coll McDonald per Expressum for his resisting the forsaid Commission anent the Repossessing of ther said petitioner and murthering of Captain McKenzie and some of the standing forces with diverse Gentlemen of their petitioners nearest Relations and followers by Surprisall heirwith produced doth testifie Likeas for the forsaids very Crymes He the said Coll McDonald was not only of new again declared fugitive by sentence of the Lords Commissioners of Justiciarie upon the 14th of June Last But Likeways Ane hundereth and Thirty persones more of his accomplices nomiantion and who accordingly upon the nynteenth of the said moneth of June were all denunced fugitives and out-laws wherupon Letters of Criminall Caption were Issued out against them upon he 7th of July Last as the forsaid Decreet of the Lords of Justiciarie with the registrat Letters of Dennunciatione and Execution therof and Letters of Caption more fully bears. And seing That by his Majesties most gracious Letter to their Lordships in Reference to their petitioners caice, His majestie is pleased To declare That it is below the Justice of his Government That any of his Loyall subjects should be disappointed of the benefite of his Laws. His Majestie Therfore requires their Lordships To fall on methods for reducing the saids rebells and reposessing ther petitioner in his said Lands and Estate And considering That no method can be more Effectual for the saids Ends Then the renewing of the said Commission It being their petitioners Lenity In not Executing the samen hitherto In hopes of the said Coll McDonald and his accomplices their being reclaimed according to the professions and promises made that obstructed the same till now. And seing the Granting of such a Commission in the terms that ther petitioner proposes in most suitable to the Laws and practique of this Realm In so farr as (1mo) It is observed by all that have written of our Laws That in caices of Removal from Lands wher Deits of Removal and denunciations thereon, proves ineffectual The Extraordinary Remedy of Ejectione and the repossessing the partie manu militari or by Commission of fire and Sword is practised according to the principles of common Law allowing the Executione of all Sentences by forcible Remedies where the ordinary Remedies prove ineffectuall as McKenzie observes in his Institutions page 390. (2do) A Commission of fire and Sword was formerly and most successfully granted to their petitioner against Sir Ewen Cameron of Lochzeal anno 1663 Be vertue whereof Ther petitioner Came to peaceable possession of that pairt of his estate illegaly posest be him, And the Like Commission was Granted to Dumbar of Grange anno 1667 against Robert Dumbar of Burgie, By vertue wherof the said Robert was Ejected and Grange putt in the peaceable possession of the house and Estate of Burgie besyde that It is well Knowen That the Earle of Argile was allowed the lyke Commission against McLean. (3tio) Ther petitioner Craves not his Commission to be Renewed against any indefinitely that were the accomplices of the said Coll McDonald and his father in tyme past But such of them as are nominatim and per Expressum denunced out-laws and fugitives and duely registrat and under Caption ut supra and against the said Coll and such persons as shall adventure to associat themselves to him in opposition to the Execution of the said Commission or shall offer to resist the repossessing of their petitioner in his saids Lands and Estate in the termes of the said first Commission, sua That their petitioner proposes nothing by which honnest and Innocent men may be prejudged It being in the power of the Leidges by not making opposition To Secure themselves (4to) The Governour and Garrison of Fortwilliam Being Keeped on foot Expresly for rendring the highlands more peacable and orderly in their obedience to the Lawes The petitioner humbly supposes That the said Governour with sua many of his Regiment as he or the Commanding officers at Fortwilliam for the tyme being shall think meet might be reasonably Joyned with their petitioner in the Commission, Speacialy Considering that ther petitioners Lands of Brae-Lochaber lyes within four or five miles of the Garrison of Fortwilliam. And Therfore Humbly craving To the Effect underwritten as the said petition Bears. The saids Lords of his majesties privy Councill having Considered the above petition given in to them by the above Laird of Mcintosh, They doe heirby Renew the petitioners Commission of fire and sword to the persones mentioned in the said Commission The saids persons Being either qualified already or qualifieing themselves in the Terms of the act of parliament by swearing the oath of alledgance and signing the assurance to his majestie appointed by act of Parliament And That before ane magistrat or Judge Competent Before the persons not yett qualified Enter upon the Exercise of of2 any any pairt of their office by vertue of the said Commission And Sicklike in the Terms of the Letters of Concurrance and Intercomuning mentioned in and produced with the said Petition, The saids Lords doe heirby Renew such Like Letters with a farder prohibition against the Leidges That none of them presume To take possession of the petitioners Lands in Brae-Lochaber or any pairt therof in vice and place of the present usurping possessors without the petitioners speciall warrand under the pain of being in the Like manner Ejected by force of fire and sword they first Being convicted thereof.

1. NRS, PC1/51, 368-70.

2. Sic.

1. NRS, PC1/51, 368-70.

2. Sic.

Act, 22 February 1698, Edinburgh

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Att Edinburgh The Twenty second day of February Jaj vjc nynty Eight years

A1698/2/311

Act

Liberation Fraser of Eregie and others

The Lords of his majesties privie Councill Doe heirby give order and warrand to the Magistrats of Edinburgh and Keeper of the Tolbooth To sett at Libertie furth thereof the persons of John Frazer of Eregie Thomas Fraser of Gartelege Alexander Fraser younger of Eregie John Fraser of Munchegavie and John Fraser of Knockhalem presently prisoners therein, come from Inverness They first giving Bond and finding sufficient Caution acted in the books of privy Councill That they shall Leave peaceablie under and with all Submission To the present Government of his Majesty King William, And That They shall not Act Consult nor Contrive any thing in prejudice thereof nor shall not Converse or Correspond with any Rebells and that they shall appear before the saids Lords of privy Councill whensoever they shall be called for or required for that Effect under the penalty of one Thousand merks Scotts money for ilk ane of the persons above named in caice they shall transgress in any pairt of the premisis.

Att Edinburgh The Twenty second day of February Jaj vjc nynty Eight years

A1698/2/311

Act

Liberation Fraser of Eregie and others

The Lords of his majesties privie Councill Doe heirby give order and warrand to the Magistrats of Edinburgh and Keeper of the Tolbooth To sett at Libertie furth thereof the persons of John Frazer of Eregie Thomas Fraser of Gartelege Alexander Fraser younger of Eregie John Fraser of Munchegavie and John Fraser of Knockhalem presently prisoners therein, come from Inverness They first giving Bond and finding sufficient Caution acted in the books of privy Councill That they shall Leave peaceablie under and with all Submission To the present Government of his Majesty King William, And That They shall not Act Consult nor Contrive any thing in prejudice thereof nor shall not Converse or Correspond with any Rebells and that they shall appear before the saids Lords of privy Councill whensoever they shall be called for or required for that Effect under the penalty of one Thousand merks Scotts money for ilk ane of the persons above named in caice they shall transgress in any pairt of the premisis.

1. NRS, PC1/51, 367-8.

1. NRS, PC1/51, 367-8.

Sederunt, 22 February 1698, Edinburgh

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Att Edinburgh The Twenty second day of February Jaj vjc nynty Eight years1

A1698/2/302

Sederunt

Lord Chancelor; Marquis of Tweddale; Earl of Southerland; Earl of Buchan; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Ruglen; Lord Montgomery; Lord Forbes; Lord Carmichaell; Lord Ruthven; Lord Advocate; Lord Justice-Clerk; Lord Philiphaugh; Lord Halcraig; Lord Enstruther; Lord Rankillor; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson; Laird of Cessnock; Lord Provost of Edinburgh; Laird of Kelburne; Sir Patrick Murray

Att Edinburgh The Twenty second day of February Jaj vjc nynty Eight years1

A1698/2/302

Sederunt

Lord Chancelor; Marquis of Tweddale; Earl of Southerland; Earl of Buchan; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Ruglen; Lord Montgomery; Lord Forbes; Lord Carmichaell; Lord Ruthven; Lord Advocate; Lord Justice-Clerk; Lord Philiphaugh; Lord Halcraig; Lord Enstruther; Lord Rankillor; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson; Laird of Cessnock; Lord Provost of Edinburgh; Laird of Kelburne; Sir Patrick Murray

1. NRS, PC1/51, 367.

2. NRS, PC1/51, 367.

1. NRS, PC1/51, 367.

2. NRS, PC1/51, 367.