Edinburgh The Tuenty fifth of Apprill J^aj vij^c and four years

A1704/4/6

A1704/4/6¹

Decreet

Decreit Her Majesties Advocate² Against Higland Clanns

Anent The Lybell Or Letters of Complaint Raised and persewed befoir the Lords of Her Majesties privie Councill At the instance of Sir James Steuart Her Majesties Advocat for Her highness intrest in the matter underwrittin Mentioning That where By diverse Lawes and Acts of parliament Made for secureing the pace and quiet of the Highlands and Countries adjacent and keeping good order within the same And particularly by the Nynty Thrid Act of the Eleventh parliament King James the sixth It is statute and ordained That all Land lords and Baillies of Lands in the Highlands where broken men duelt or does dwell should be chairged To find sufficient Caution and sovertie Landed men in the In-Countrie To the contentment of His Majestie and his privie Councill within Fyfteen dayes nixt after the Chairge under the pain of Rebellion and if they failzie To put them to the horne In manner aftermentioned That is to say If any of their men tennents servants or Indwellers upon their Lands Roomes steedings or possessiones or within their Baillieries Committs any mastery Reiff, Theiffs or Resett of Theiffs Depredationes open and avoued fire raisings open deadly feads That the Land Lords and Baillies on whose Lands and in whose Jurisdictiones they dwell shall bring and present the persones Complained of To Justice to abide tryall and underlye the Law for the same And that the saids Land Lords and Baillies be debt bound to satisfie the pairty skaithed And to refound content and pay to them their heirships and skaiths of their oun proper goods and Lands according to the availl and quantitie taken from the Complainer As the samen shall be modefied in manner and upon the termes mentioned in the said Act And Sykelyke By the Threety nynth Act of the fourth Session of King William’s Parliament His Majestie and the Estates of parliament Considering that the extending of the Acts made anent Clanns and their Cheiftans for the more effectuall repressing Thifts and Depredationes in the Highland’s May also be singularly usefull for preserving the publict pace Did Therefore by the said Act Extend the same to the cause of the publict pace and for preserving thereof alse weell as the caice of the saids Thifts and Depredations As the saids Acts at Length bears And Whereas The Lords of Her Majesties privy Councill By their Act of the date The seventhteen of March Instant In persewance of the forsaids acts of parliament Have found it necessary That the persones underwrittin shall be cited in manner specified in the saids Acts of parliament To the day particularly aftermentioned Therfore Necessary it is That the Complainer have Letters Direct at his instance againest them To cite them To Compeir befoir the saids Lords of Her Majesties privy Councill And bring with them and find sufficient Inland Caution in manner specified in the forsaids Acts of parliament And Because It may be pretended by sundrie of the saids persones who shall be Chairged To find the Caution forsaid That they cannot saifly appear befoir the saids Lords without protection to them for such a Compitent tyme As the Lords of Her Majesties privy Councill shall think fitt That therefore the saids Lords would be pleased to Declair That the Coppie to be given thereupon shall be a sufficient protection to each of the saids person’s from all Civill debts for Ten dayes befoir the day of Compearance And Fyfteen dayes thereafter Conforme to the Exception of the Act of parliament J^aj vj^c and Eighty one anent protectiones And anent the Chairge given to Duncan Mcphearson of Clunie Defender To have Compeired befoir the Lords of Her Majesties privy Councill upon the day and date of thir presents To have answered to the foirsaid Complaint And to have heard and seen such order and course taken thereanent As appertaines As the saids Lords of privy Councill shall think fitt under the pain of Rebellion and putting of him to the horn with Certefication As in the Lybell or Letters of Complaint and Executiones thereof at more Length is Contained Which Lybell Being upon the day and date of thir presents Called And the persewar Compearing personally at the Barr and Duncan McPhearson defender absent And the Lybell with a petition by the Defender and ane testificat on soule and Conscience under the hands of the Minister and Elders of the place Being read The Councill appointed and ordaines The Defender to give Bond in the termes of the Lybell under the penalty of Three Thousand merks scots money And allowes The Clerks of privy Councill To receave the Laird of Grant as Cautioner for him And doe excuse his absence in regaird of the Indisposition attested by the forsaid Testificat.