Tag Archives: August

Sederunt, 9 August 1703, Edinburgh

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Att Holyruidhouse the Nynth day of August Jaj vijc and thrie years1

A1703/8/52

Sederunt

Her Majesties Commissioner; Lord Chancelor; Marquis of Annandale pC; Marquis of Atholl P S; Earl of Erroll; Earl of Marr; Earl of Mortoune; Earl of Glencairn; Earl of Eglingtoune; Earl of Galloway; Earl of Leven; Earl of Dunmore; Viscount Stair; Lord Forbes; Lord Boyle T:D:; Lord Register; Lord Advocat; Livt Genall Ramsay; Mr Fra: Montgomry; Cavers; Laird of Kilbirny; Laird of Prestongrange; Lord Provost of Edinburgh.

Att Holyruidhouse the Nynth day of August Jaj vijc and thrie years1

A1703/8/52

Sederunt

Her Majesties Commissioner; Lord Chancelor; Marquis of Annandale pC; Marquis of Atholl P S; Earl of Erroll; Earl of Marr; Earl of Mortoune; Earl of Glencairn; Earl of Eglingtoune; Earl of Galloway; Earl of Leven; Earl of Dunmore; Viscount Stair; Lord Forbes; Lord Boyle T:D:; Lord Register; Lord Advocat; Livt Genall Ramsay; Mr Fra: Montgomry; Cavers; Laird of Kilbirny; Laird of Prestongrange; Lord Provost of Edinburgh.

1. NRS, PC1/53, 21.

2. NRS, PC1/53, 21.

1. NRS, PC1/53, 21.

2. NRS, PC1/53, 21.

Procedure, 7 August 1703, Edinburgh

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Att the Abbay of Holyruidhouse the Seventh day of August Jaj vijc and thrie years

A1703/8/41

Procedure

Committee anent Major Generall Buchan

His Grace her Majesties high Commissioner Haveing represented to the Lords of her Majesties privy Councill That Major Generall Thomas Buchan who is Lately come from France and Surrendered himself to his Grace, Wherupon his Grace had taken the said Major Generalls engadgment upon his word of honour to remain in his Lodging till the Councills farder orders His Grace and Lords of her Majesties privy Councill Doe hereby Nominat the Lord president of privy Councill, Lord privy Seall, Lord Secretary Tarbat, Lords thesaurer depute, present of Session Register, Advocat and Justice Clerk as a Committie to Consider the Capitulation betwixt the said Major Generall and the Government and upon what conditiones he was sent abroad and to Call for and examine him anent his returning from France and to enquyre what other persones are lately returned from thence who were their before and at the time of the indemnity And Recommends to the said Committie to meett at the Abbay of Holyruidhouse on Munday morning at Nyne of the Cloak And to report to the Councill the next Councill day, And Declaires any thrie a Sufficient qworum, and appoints the macers of Councill to make intimation to the said Major Generall Thomas Buchan That he attend the said Committee of Councill upon the day and at the time above mentioned and in the meantime that he is under his parroll of honour to keep his confinement to his oun Chamber untill the day and hour forsaids.

Att the Abbay of Holyruidhouse the Seventh day of August Jaj vijc and thrie years

A1703/8/41

Procedure

Committee anent Major Generall Buchan

His Grace her Majesties high Commissioner Haveing represented to the Lords of her Majesties privy Councill That Major Generall Thomas Buchan who is Lately come from France and Surrendered himself to his Grace, Wherupon his Grace had taken the said Major Generalls engadgment upon his word of honour to remain in his Lodging till the Councills farder orders His Grace and Lords of her Majesties privy Councill Doe hereby Nominat the Lord president of privy Councill, Lord privy Seall, Lord Secretary Tarbat, Lords thesaurer depute, present of Session Register, Advocat and Justice Clerk as a Committie to Consider the Capitulation betwixt the said Major Generall and the Government and upon what conditiones he was sent abroad and to Call for and examine him anent his returning from France and to enquyre what other persones are lately returned from thence who were their before and at the time of the indemnity And Recommends to the said Committie to meett at the Abbay of Holyruidhouse on Munday morning at Nyne of the Cloak And to report to the Councill the next Councill day, And Declaires any thrie a Sufficient qworum, and appoints the macers of Councill to make intimation to the said Major Generall Thomas Buchan That he attend the said Committee of Councill upon the day and at the time above mentioned and in the meantime that he is under his parroll of honour to keep his confinement to his oun Chamber untill the day and hour forsaids.

1. NRS, PC1/53, 20-1.

1. NRS, PC1/53, 20-1.

Sederunt, 7 August 1703, Edinburgh

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Att the Abbay of Holyruidhouse the Seventh day of August Jaj vijc and thrie years1

A1703/8/32

Sederunt

Her Majesties Commissioner; Lord Chancelor; Marquis of Annandale pC:; Earl of Galloway; Earl of Lowdoune; Viscount Stair; Lord Boyle T:d:; Master of Tarbat; Lord president of session; Lord Register; Lord Advocat; Lord Aberurchill; Mr Fra: Montgomry; Shirriff of Bute; Laird of Kilbirny; Laird of Hopetoune

Att the Abbay of Holyruidhouse the Seventh day of August Jaj vijc and thrie years1

A1703/8/32

Sederunt

Her Majesties Commissioner; Lord Chancelor; Marquis of Annandale pC:; Earl of Galloway; Earl of Lowdoune; Viscount Stair; Lord Boyle T:d:; Master of Tarbat; Lord president of session; Lord Register; Lord Advocat; Lord Aberurchill; Mr Fra: Montgomry; Shirriff of Bute; Laird of Kilbirny; Laird of Hopetoune

1. NRS, PC1/53, 20.

2. NRS, PC1/53, 20.

1. NRS, PC1/53, 20.

2. NRS, PC1/53, 20.

Act, 4 August 1703, Edinburgh

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Att Edinburgh the Fourth day of August Jaj vijc and thrie years Called Extraordinary

A1703/8/21

Act

Act Captain Mathew Campbell

Anent the Petition given in to her majesties Commissioner and2 the Lords of her Majesties privy Councill be Captain Mathew Campbell Shewing That his Grace and the saids Lords would be pleased to consider That the season of the year was farr spent and that by the petitioners instructiones from the saids Lords the petitioner is oblidged to keep Commpany with Captain Gordon and the rest of the vessells the Length of the Orkneyes And Therfore humbly Craveing the said Lords would be pleased to alter the first two articles of his instructiones By allowing the petitioner to make the best of his way for the west Seas wher he was appointed to Cruize and to take allong with the petitioner what Shipps were goeing his way As also that the saids Lords would be pleased to give him ane precept upon the Commissars for Eleven pounds Sterling which the petitioner hade payed since he came in for two top-masts and too yeards In Regaird the old ones were useless and rotten which could not be known while they carried saile as the petition bears His Grace her Majesties high Commissioner and the Lords of her Majesties privy Councill Haveing Considered the above petition given in to them by Captain Mathew Campbell and the Samen being Read in their presence His Grace and the saids Lords doe hereby appoint the said Appoint the said Captain Mathew Campbell Immediately to pursue his voyadge from the Road of Leith to the west Seas for the Cruize formerly appointed him their notwithstanding of any article of his former instructiones to the Contrary.

Att Edinburgh the Fourth day of August Jaj vijc and thrie years Called Extraordinary

A1703/8/21

Act

Act Captain Mathew Campbell

Anent the Petition given in to her majesties Commissioner and2 the Lords of her Majesties privy Councill be Captain Mathew Campbell Shewing That his Grace and the saids Lords would be pleased to consider That the season of the year was farr spent and that by the petitioners instructiones from the saids Lords the petitioner is oblidged to keep Commpany with Captain Gordon and the rest of the vessells the Length of the Orkneyes And Therfore humbly Craveing the said Lords would be pleased to alter the first two articles of his instructiones By allowing the petitioner to make the best of his way for the west Seas wher he was appointed to Cruize and to take allong with the petitioner what Shipps were goeing his way As also that the saids Lords would be pleased to give him ane precept upon the Commissars for Eleven pounds Sterling which the petitioner hade payed since he came in for two top-masts and too yeards In Regaird the old ones were useless and rotten which could not be known while they carried saile as the petition bears His Grace her Majesties high Commissioner and the Lords of her Majesties privy Councill Haveing Considered the above petition given in to them by Captain Mathew Campbell and the Samen being Read in their presence His Grace and the saids Lords doe hereby appoint the said Appoint the said Captain Mathew Campbell Immediately to pursue his voyadge from the Road of Leith to the west Seas for the Cruize formerly appointed him their notwithstanding of any article of his former instructiones to the Contrary.

1. NRS, PC1/53, 20.

2. The phrase ‘her majesties Commissioner and’ is an insertion.

1. NRS, PC1/53, 20.

2. The phrase ‘her majesties Commissioner and’ is an insertion.

Sederunt, 4 August 1703, Edinburgh

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Att Edinburgh the Fourth day of August Jaj vijc and thrie years Called Extraordinary1

A1703/8/12

Sederunt

Her Majesties Commissioner; Lord Chancelor; Earl of Crafurd; Earl of Marr; Earl of Mortoun; Earl of Leven; Viscount Tarbat; Lord Boyle T:D:; Master of Tarbat; Lord Justice Clerk; Lord Aberurchill; Mr Fra: Montgomry; Shirriff of Bute; Laird of Stivenson.

Att Edinburgh the Fourth day of August Jaj vijc and thrie years Called Extraordinary1

A1703/8/12

Sederunt

Her Majesties Commissioner; Lord Chancelor; Earl of Crafurd; Earl of Marr; Earl of Mortoun; Earl of Leven; Viscount Tarbat; Lord Boyle T:D:; Master of Tarbat; Lord Justice Clerk; Lord Aberurchill; Mr Fra: Montgomry; Shirriff of Bute; Laird of Stivenson.

1. NRS, PC1/53, 19.

2. NRS, PC1/53, 19.

1. NRS, PC1/53, 19.

2. NRS, PC1/53, 19.

Act, 14 August 1702, Edinburgh

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Att Edinburgh The Fourteinth day of August Jaj viic and two years. Called Extraordinary

A1702/8/171

Act

Act The Earle Marishall anent Allaster More

Anent the petition given in to the Lords of her Majesties privy Councill be William Earle Marishall Shewing That the Saids Lords haveing been pleased by their interloquitor of the twenty thrid of July last to Comute the Sentance of Death pronounced against Alexander Mcdonald alias Alaster More into perpetuall banishment on his finding Caution for fyve hundred pounds Sterling that he Should transport himself out of her Majesties dominions and never returne to the same under the paine of death, And Seing the petitioner haveing now become Cautioner for the said Alaster More under the forsaid penalty in the termes of the Saids Lords interloquitor Wherby the petitioner was concerned to take care of his being transported; And it being necessary for that effect that a Competent time be allowed and he brought and keept prisoner in this place wher most frequent occassiones could be hade to cary him abroad; and the petitioner being willing to run the hazard of his transportation hither, And detaineing of him untill ane Occasion offer And Therfore Humbly Craveing the Saids Lords would be pleased to grant warrant to the magistrates of Aberdeen to delyver the persone his order That he might be brought to the Tolbooth of Edinburgh and their keept untill he be sent abroad And that the Saids Lords would Discharge any warrant granted by her Majesties advocat for arreisting of him on a Suggestion of Treason In regaird the Same was past from by his Lordship As also that the Saids Lords would allow him to be transported any time betwixt and the first of January nixt As the said petition bears. The Lords of her Majesties privy Councill Haveing heard and Considered the above petition presented to them by William Earle Marishall And haveing Likewayes Considered a former interloquitor and delyverance granted by them upon a petition presented by Alexander McDonald alias Alaster More upon the Sixteinth day of July Last; Wherby the Sentance of Death past upon the Said Alaster More wes Commuted and Changed to his being banished furth of her Majesties Dominions and to deport furth of the Same betwixt and the first day of January nixt to come; And that her Majesties advocat hade Since the Said interloquitor Changing the forsaid Sentance of Death into Banishment given order to the magistrats of Aberdeen to keep and detaine the said Alexander Mcdonald alias Alaster More prisoner in their Tolbooth till he Should answer to ane accusation for the crime of Treason at her Majesties advocats instance against him The Saids Lords of her Majesties privy Councill Revock and recall the forsaid order given by her Majesties advocat And notwithstanding therof Allow and requyre the Magistrats of the said burgh of Aberdeen and keeper of their Tolbooth to delyver the persone of the said Alexander Mcdonald alias Alaster More to the said William Earle Marishall or any haveing his order in wryting to be by him brought in safe Custody as a prisoner from Aberdeen to the burgh of Edinburgh to be Committed prisoner to the Tolbooth of the said burgh, Their to be keeped and detained in sure firmance and custody, and the Magistrats of the said burgh of Edinburgh and the keeper of their Tolbooth are hereby requyred to receive and detaine him prisoner in their Tolbooth untill he shall be caried thence and Shiped aboard of any Ship which Shall carie him furth of her Majesties dominions betwixt and the first day of January nixt.
That he shall be a true prisoner at Aberdeen dureing his abode ther and in the Tolbooth of Edinburgh and upon the road in passing from Aberdeen to Edinburgh and shall neither run away or make his escape upon the said road or furth of any of the saids Tolbooth, But be and continue a leill and true prisoner therin2 untill he shall be Shyped aboard and depart furth of her majesties dominions betwixt and the day forsaid under the paine and penalty of Fyve hundred pounds Sterling in caice he shall transgress any part of the premisses.

Att Edinburgh The Fourteinth day of August Jaj viic and two years. Called Extraordinary

A1702/8/171

Act

Act The Earle Marishall anent Allaster More

Anent the petition given in to the Lords of her Majesties privy Councill be William Earle Marishall Shewing That the Saids Lords haveing been pleased by their interloquitor of the twenty thrid of July last to Comute the Sentance of Death pronounced against Alexander Mcdonald alias Alaster More into perpetuall banishment on his finding Caution for fyve hundred pounds Sterling that he Should transport himself out of her Majesties dominions and never returne to the same under the paine of death, And Seing the petitioner haveing now become Cautioner for the said Alaster More under the forsaid penalty in the termes of the Saids Lords interloquitor Wherby the petitioner was concerned to take care of his being transported; And it being necessary for that effect that a Competent time be allowed and he brought and keept prisoner in this place wher most frequent occassiones could be hade to cary him abroad; and the petitioner being willing to run the hazard of his transportation hither, And detaineing of him untill ane Occasion offer And Therfore Humbly Craveing the Saids Lords would be pleased to grant warrant to the magistrates of Aberdeen to delyver the persone his order That he might be brought to the Tolbooth of Edinburgh and their keept untill he be sent abroad And that the Saids Lords would Discharge any warrant granted by her Majesties advocat for arreisting of him on a Suggestion of Treason In regaird the Same was past from by his Lordship As also that the Saids Lords would allow him to be transported any time betwixt and the first of January nixt As the said petition bears. The Lords of her Majesties privy Councill Haveing heard and Considered the above petition presented to them by William Earle Marishall And haveing Likewayes Considered a former interloquitor and delyverance granted by them upon a petition presented by Alexander McDonald alias Alaster More upon the Sixteinth day of July Last; Wherby the Sentance of Death past upon the Said Alaster More wes Commuted and Changed to his being banished furth of her Majesties Dominions and to deport furth of the Same betwixt and the first day of January nixt to come; And that her Majesties advocat hade Since the Said interloquitor Changing the forsaid Sentance of Death into Banishment given order to the magistrats of Aberdeen to keep and detaine the said Alexander Mcdonald alias Alaster More prisoner in their Tolbooth till he Should answer to ane accusation for the crime of Treason at her Majesties advocats instance against him The Saids Lords of her Majesties privy Councill Revock and recall the forsaid order given by her Majesties advocat And notwithstanding therof Allow and requyre the Magistrats of the said burgh of Aberdeen and keeper of their Tolbooth to delyver the persone of the said Alexander Mcdonald alias Alaster More to the said William Earle Marishall or any haveing his order in wryting to be by him brought in safe Custody as a prisoner from Aberdeen to the burgh of Edinburgh to be Committed prisoner to the Tolbooth of the said burgh, Their to be keeped and detained in sure firmance and custody, and the Magistrats of the said burgh of Edinburgh and the keeper of their Tolbooth are hereby requyred to receive and detaine him prisoner in their Tolbooth untill he shall be caried thence and Shiped aboard of any Ship which Shall carie him furth of her Majesties dominions betwixt and the first day of January nixt.
That he shall be a true prisoner at Aberdeen dureing his abode ther and in the Tolbooth of Edinburgh and upon the road in passing from Aberdeen to Edinburgh and shall neither run away or make his escape upon the said road or furth of any of the saids Tolbooth, But be and continue a leill and true prisoner therin2 untill he shall be Shyped aboard and depart furth of her majesties dominions betwixt and the day forsaid under the paine and penalty of Fyve hundred pounds Sterling in caice he shall transgress any part of the premisses.

1. NRS, PC1/52, 445-6.

2. The word ‘till’ scored out here.

1. NRS, PC1/52, 445-6.

2. The word ‘till’ scored out here.

Act, 14 August 1702, Edinburgh

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Att Edinburgh The Fourteinth day of August Jaj viic and two years. Called Extraordinary

A1702/8/161

Act

Act In favors of the Lady Lovatts

Anent the petition given in to the Lords of her Majesties privy Councill be Aemelia Lady Dowager of Lovatts and Emelia Lady Lovat Shewing The horrid Crymes Committed by Captain Fraser and his accomplices upon the petitioners persones honours and estates are so well known to the Saids Lords that it was needles to repeat them; His late Majestie did remitt the Convocationes and perdulian for which he and his accomplices Stood forfaulted; It being boldly asserted in the Captains behalf that he was able to defend himself against the rapt by due course of Law; Notwithstanding wherof after her Majesties advocat hade sett him a day of tryall for the rapt and hade given him previously out Letters of exculpation; yet being Conscious of his horid guilt and that the probatione was bot tuo, tuo, clear against him he fled the toune the very morning of the tryall And was declared fugative and went up to London; In hopes that those who procured the first Remission would have procured a Second which his late Majestie out of his great piety Declared he would never Remitt or indemnifie; Wherupon he repaired to the North of Scotland and Skulked up and doun at first in the Countries of Aird and Stratherrick which belongs to the petitioners and endeavoured by four means to obtaine from the petitioners vassells and tennents a Contrabution which many of them out of fear of his ill; and Some out of kyndnes to him granted, and being farder Imboldned by his their Compliance he did Stent upon each roome in both Countries Such a Soume of money as he pleased and did Levy the Same by Military execution upon Such as wes refractory and in the mean time threatned the petitioners factors and doers with present death if they offered to raise any of the petitioners farmes from their tennents; Wherupon the petitioners were in February Last Necessitate to mean them selves to the saids Lords for letters of intercommuning against him which were granted and published and therafter he withdrew out of the Countrey with a Conisderable Soume of money which he Levied theron in maner forsaid; Leaving his brother on the head of Thretty or Fourty Robers and outlawes who went Continually up and doune the Countrey exacting free quarter takeing up the petitioners customes breaking their Girnells and takeing out therof what meall they pleased; Threatening beatting and invadeing the petitioners factors and Chamberlands; all which they did with a high hand without any controll from any of her Majesties forces Lying therabout and the factors haveing applyed to the Commissioners of Justiciary that they might have a Competent number of the forces Lying in that Countrey to protect them against those Lawless theifes and Robers all the assistance they sent was only Ten men of Captain Grants Company who were ordered to Lye in the Aird for Security of the peace; John Fraser the Captains brother to be avenged on the petitioners factors for the application to the Commissioners of Justiciary Did Convocat in the Countrey of Stratherrick Fiftie brocken men and with those came to the Countrey of the Aird upon the Fifth instant and raised as he went through that Countrey two or thrie hundred men and women and with them assaulted the house of Tanellan wher Captain John Mckenzie ane of the petitioners Baillies Lived and wher the ten men of Captain Grants Company resided and desired them to Surrender themselves prisoners to them, And Because they refused So to doe they sett fire to the Said house and brunt the Same to ashes and whole office houses therabout; which forced Captain Mckenzie and the Souldiers with him and Mr Heugh Fraser of Eskadale another of the petitioners baillies and George Mckenzie a Servant of Prestonhalls to render themselves who were all detained and made prisoners with Livetenent Cameron who Commanded the party and after some Litle tyme they dismissed Captain Grants ten men but Caried the Livetennent; The two Baillies and George Mckenzie as it were in Triumph throw the Countrey to the end of Lochnes and haveing Dissmissed the nixt morning the Livetenent; They caried with them the other thrie prisoners (abuseing them in a most barbarous maner) to the Countrey of Stratherrick and whither they be dead or alyve the petitioners know not; all which to of truth The Shirriff deputes Letter wryten to her Majesties advocat at the desire of the Commissioners of Justiciary And the Livetenents information to them doe Sufficiently verifie; which was Such ane imparaleeled peace of Insolence as hade not been heard of in2 the Countrey for ane age and if a remeedy were not provyded be the Saids Lords It was hard to know how farr these might goe and of what dangerous Consequence it might be to the peace of that Countrey; And Therfore Humbly Craveing the Saids Lords would be pleased to appoint Such a Competent number of Forces as in the Saids Lords wisdomes think fitt to protect the petitioners her Majesties dutifull and peaceable Subjects in the petitioners rights and properties and to pursue these troops of rebells and oppressours untill they be brought to condigne punishment; and Likewayes to Command and the Shirriffs of the Shyre of Pearth; Invernes Ross, Nairne and Cromartie to raise the passe Comitatus for pursueing and apprehending the said rebells when within their respective Shyres in order to apprehend and being them to punishment As the petition bears. The Lords of her Majesties privy Councill haveing heard and Considered the above petition presented to them by Emelia Lady Dowager of Lovat and Emilea Lady Lovat her daughter with A missive Letter from the Shirif depute of Invernes in name and by order of the Commissioners of Justiciary for the northerne district for the highlands relative to the matter represented in the said petition The Saids Lords of her Majesties privy Councill Requyre and give orders to Captain William Grant presently to march with the whole Company of foot under his Command from the Severall posts wher they lye and are quartured To the Countreyes and bounds of Stratherrick and Aird; and their quarter and take up posts for two third parts of his Said Company and officers therof in the most fitt and Convenient places within the Said Countrey and bounds of Stratherrick and for the other third part of the Company Suitably Commanded within the Said bounds of the Countrey of Aird; and Requyre and appoints Brigadeer Generall Maitland Commander of Fort William to give orders to the Commanding officer of the detatched Garisones at Invergarry and Island Donald each of them to Send ten men duely Commanded to reinforce the said Captain Grant by the one ten at the Countrey of Stratherrick; and other ten at the Said Countrey and bounds of Aird; and that the Said Captain Grant and his Said Company with the Saids two detatchments from the saids Garisones continue and remaine within the Saids Countries of Stratherrick and Aird untill the Councills furder order theranent or that they be orderly releived by other forces sent from the Commander in Cheif for that effect and dureing their aboad in the Said Countreyes of Stratherrick and Aird The Saids Lords Requyres and Commands the Said Captain William Grant with the officers of his Said Company and the officers of the saids two detatchments under his Command to use exact dilligence for keeping the peace of the Said Countrey and to give ready and effectuall assistance to the execution of Law against all who Shall anywayes disturb the Same; and to Seize upon and Committ to Custody the persones of any who shall presume to disturb the Same and doe their outmost dilligence to Seize take and apprehend Such persones of the name of Fraser or their accomplices as have been or Shall be declared fugative and outlaw by the Lords Justice Generall and Commissioner of Justiciary for the Highlands from time to time or any who have been accessory to the burning of the house of Tanellan and delyver them prisoners to the Shirrif of the nixt adjacent Shyre, or the Magistrates of the nixt burgh Royall ther to be detained till they be brought to due tryall and Condigne punishment; And Sicklyke the Saids Lords of her Majesties privy Councill Requyre and Command the Shirriffs of the respective Shyres of Invernes Ross, Cromaty and Nairne, and their deputes if need bees to raise and Conveen the posse Commitatus of the saids respective Shyres; and with them in assistance and Conjunction with Mr Rory McKenzie of Prestonhall or the baillies and Chamberlands of the saids Ladies of Lovatt To Search for pursue take and apprehend within their respective Jurisdictiones the persones of any of the said name of Fraser or their accomplices who are already declared fugative, Or who have been accessory to or conneived in the burning of the said house of Fanellan and to call for the assistance of the said Captain William Grant; and the Company of Souldiers under his Command and the saids two detatchments or Such Numbers therof as they Shall think necessary for that effect from time to time who are hereby Requyred to fortifie and assist them for the ends forsaids and when any of the saids persones fugatives or Concerned in the Crymes forsaid Shall flee furth of their respective Shyres That they give notice to the Shirriffs of the nixt Shyre or Baillie of the nixt adjacent Regality to follow and pursue them untill they be apprehended and brought to Condigne punishment according to the Lawes and acts of parliament; And the saids Lords Ordaine Captain […] Campbell of Phinab so to order and dispose of the Company under his Command That he may Secure and See to the Custody of the Highlands from the posts wher the said Company was formerly disposed as farr north as the river of Spey.

Att Edinburgh The Fourteinth day of August Jaj viic and two years. Called Extraordinary

A1702/8/161

Act

Act In favors of the Lady Lovatts

Anent the petition given in to the Lords of her Majesties privy Councill be Aemelia Lady Dowager of Lovatts and Emelia Lady Lovat Shewing The horrid Crymes Committed by Captain Fraser and his accomplices upon the petitioners persones honours and estates are so well known to the Saids Lords that it was needles to repeat them; His late Majestie did remitt the Convocationes and perdulian for which he and his accomplices Stood forfaulted; It being boldly asserted in the Captains behalf that he was able to defend himself against the rapt by due course of Law; Notwithstanding wherof after her Majesties advocat hade sett him a day of tryall for the rapt and hade given him previously out Letters of exculpation; yet being Conscious of his horid guilt and that the probatione was bot tuo, tuo, clear against him he fled the toune the very morning of the tryall And was declared fugative and went up to London; In hopes that those who procured the first Remission would have procured a Second which his late Majestie out of his great piety Declared he would never Remitt or indemnifie; Wherupon he repaired to the North of Scotland and Skulked up and doun at first in the Countries of Aird and Stratherrick which belongs to the petitioners and endeavoured by four means to obtaine from the petitioners vassells and tennents a Contrabution which many of them out of fear of his ill; and Some out of kyndnes to him granted, and being farder Imboldned by his their Compliance he did Stent upon each roome in both Countries Such a Soume of money as he pleased and did Levy the Same by Military execution upon Such as wes refractory and in the mean time threatned the petitioners factors and doers with present death if they offered to raise any of the petitioners farmes from their tennents; Wherupon the petitioners were in February Last Necessitate to mean them selves to the saids Lords for letters of intercommuning against him which were granted and published and therafter he withdrew out of the Countrey with a Conisderable Soume of money which he Levied theron in maner forsaid; Leaving his brother on the head of Thretty or Fourty Robers and outlawes who went Continually up and doune the Countrey exacting free quarter takeing up the petitioners customes breaking their Girnells and takeing out therof what meall they pleased; Threatening beatting and invadeing the petitioners factors and Chamberlands; all which they did with a high hand without any controll from any of her Majesties forces Lying therabout and the factors haveing applyed to the Commissioners of Justiciary that they might have a Competent number of the forces Lying in that Countrey to protect them against those Lawless theifes and Robers all the assistance they sent was only Ten men of Captain Grants Company who were ordered to Lye in the Aird for Security of the peace; John Fraser the Captains brother to be avenged on the petitioners factors for the application to the Commissioners of Justiciary Did Convocat in the Countrey of Stratherrick Fiftie brocken men and with those came to the Countrey of the Aird upon the Fifth instant and raised as he went through that Countrey two or thrie hundred men and women and with them assaulted the house of Tanellan wher Captain John Mckenzie ane of the petitioners Baillies Lived and wher the ten men of Captain Grants Company resided and desired them to Surrender themselves prisoners to them, And Because they refused So to doe they sett fire to the Said house and brunt the Same to ashes and whole office houses therabout; which forced Captain Mckenzie and the Souldiers with him and Mr Heugh Fraser of Eskadale another of the petitioners baillies and George Mckenzie a Servant of Prestonhalls to render themselves who were all detained and made prisoners with Livetenent Cameron who Commanded the party and after some Litle tyme they dismissed Captain Grants ten men but Caried the Livetennent; The two Baillies and George Mckenzie as it were in Triumph throw the Countrey to the end of Lochnes and haveing Dissmissed the nixt morning the Livetenent; They caried with them the other thrie prisoners (abuseing them in a most barbarous maner) to the Countrey of Stratherrick and whither they be dead or alyve the petitioners know not; all which to of truth The Shirriff deputes Letter wryten to her Majesties advocat at the desire of the Commissioners of Justiciary And the Livetenents information to them doe Sufficiently verifie; which was Such ane imparaleeled peace of Insolence as hade not been heard of in2 the Countrey for ane age and if a remeedy were not provyded be the Saids Lords It was hard to know how farr these might goe and of what dangerous Consequence it might be to the peace of that Countrey; And Therfore Humbly Craveing the Saids Lords would be pleased to appoint Such a Competent number of Forces as in the Saids Lords wisdomes think fitt to protect the petitioners her Majesties dutifull and peaceable Subjects in the petitioners rights and properties and to pursue these troops of rebells and oppressours untill they be brought to condigne punishment; and Likewayes to Command and the Shirriffs of the Shyre of Pearth; Invernes Ross, Nairne and Cromartie to raise the passe Comitatus for pursueing and apprehending the said rebells when within their respective Shyres in order to apprehend and being them to punishment As the petition bears. The Lords of her Majesties privy Councill haveing heard and Considered the above petition presented to them by Emelia Lady Dowager of Lovat and Emilea Lady Lovat her daughter with A missive Letter from the Shirif depute of Invernes in name and by order of the Commissioners of Justiciary for the northerne district for the highlands relative to the matter represented in the said petition The Saids Lords of her Majesties privy Councill Requyre and give orders to Captain William Grant presently to march with the whole Company of foot under his Command from the Severall posts wher they lye and are quartured To the Countreyes and bounds of Stratherrick and Aird; and their quarter and take up posts for two third parts of his Said Company and officers therof in the most fitt and Convenient places within the Said Countrey and bounds of Stratherrick and for the other third part of the Company Suitably Commanded within the Said bounds of the Countrey of Aird; and Requyre and appoints Brigadeer Generall Maitland Commander of Fort William to give orders to the Commanding officer of the detatched Garisones at Invergarry and Island Donald each of them to Send ten men duely Commanded to reinforce the said Captain Grant by the one ten at the Countrey of Stratherrick; and other ten at the Said Countrey and bounds of Aird; and that the Said Captain Grant and his Said Company with the Saids two detatchments from the saids Garisones continue and remaine within the Saids Countries of Stratherrick and Aird untill the Councills furder order theranent or that they be orderly releived by other forces sent from the Commander in Cheif for that effect and dureing their aboad in the Said Countreyes of Stratherrick and Aird The Saids Lords Requyres and Commands the Said Captain William Grant with the officers of his Said Company and the officers of the saids two detatchments under his Command to use exact dilligence for keeping the peace of the Said Countrey and to give ready and effectuall assistance to the execution of Law against all who Shall anywayes disturb the Same; and to Seize upon and Committ to Custody the persones of any who shall presume to disturb the Same and doe their outmost dilligence to Seize take and apprehend Such persones of the name of Fraser or their accomplices as have been or Shall be declared fugative and outlaw by the Lords Justice Generall and Commissioner of Justiciary for the Highlands from time to time or any who have been accessory to the burning of the house of Tanellan and delyver them prisoners to the Shirrif of the nixt adjacent Shyre, or the Magistrates of the nixt burgh Royall ther to be detained till they be brought to due tryall and Condigne punishment; And Sicklyke the Saids Lords of her Majesties privy Councill Requyre and Command the Shirriffs of the respective Shyres of Invernes Ross, Cromaty and Nairne, and their deputes if need bees to raise and Conveen the posse Commitatus of the saids respective Shyres; and with them in assistance and Conjunction with Mr Rory McKenzie of Prestonhall or the baillies and Chamberlands of the saids Ladies of Lovatt To Search for pursue take and apprehend within their respective Jurisdictiones the persones of any of the said name of Fraser or their accomplices who are already declared fugative, Or who have been accessory to or conneived in the burning of the said house of Fanellan and to call for the assistance of the said Captain William Grant; and the Company of Souldiers under his Command and the saids two detatchments or Such Numbers therof as they Shall think necessary for that effect from time to time who are hereby Requyred to fortifie and assist them for the ends forsaids and when any of the saids persones fugatives or Concerned in the Crymes forsaid Shall flee furth of their respective Shyres That they give notice to the Shirriffs of the nixt Shyre or Baillie of the nixt adjacent Regality to follow and pursue them untill they be apprehended and brought to Condigne punishment according to the Lawes and acts of parliament; And the saids Lords Ordaine Captain […] Campbell of Phinab so to order and dispose of the Company under his Command That he may Secure and See to the Custody of the Highlands from the posts wher the said Company was formerly disposed as farr north as the river of Spey.

1. NRS, PC1/52, 440-4.

2. Insertion.

1. NRS, PC1/52, 440-4.

2. Insertion.

Order, 14 August 1702, Edinburgh

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Att Edinburgh The Fourteinth day of August Jaj viic and two years. Called Extraordinary

A1702/8/151

Order

Recomendation to the Thesaury In favors of James Clerk Engraver

The Signets of Councill and Session being Engraven by James Clerk Engraver in her Majesties Mint according to ane former warrant for that effect of the date the […] day of […] Jaj viic and two years The Samen were produced in presence of the Lords of her Majesties privy Councill and approven off Accordingly and ordained to be made use of as formerly the old Sigents were; And the old Signets being also in presence of the Saids Lords produced, The Samen were defaced and brocken and the Silver of the brocken Signet was delyvered to John Stewart under keeper The Saids Lords of her Majesties privy Councill; Doe hereby Recommend the Said James Clerk Engraver to the Lords of her Majesties thesaurie for Such a Competent Soume to be payed to him for his expences and paines in Engraveing the Saids Sealls of Councill and Session as their Lordships Should think fitt to modifie.

Att Edinburgh The Fourteinth day of August Jaj viic and two years. Called Extraordinary

A1702/8/151

Order

Recomendation to the Thesaury In favors of James Clerk Engraver

The Signets of Councill and Session being Engraven by James Clerk Engraver in her Majesties Mint according to ane former warrant for that effect of the date the […] day of […] Jaj viic and two years The Samen were produced in presence of the Lords of her Majesties privy Councill and approven off Accordingly and ordained to be made use of as formerly the old Sigents were; And the old Signets being also in presence of the Saids Lords produced, The Samen were defaced and brocken and the Silver of the brocken Signet was delyvered to John Stewart under keeper The Saids Lords of her Majesties privy Councill; Doe hereby Recommend the Said James Clerk Engraver to the Lords of her Majesties thesaurie for Such a Competent Soume to be payed to him for his expences and paines in Engraveing the Saids Sealls of Councill and Session as their Lordships Should think fitt to modifie.

1. NRS, PC1/52, 440.

1. NRS, PC1/52, 440.

Proclamation, 14 August 1702, Edinburgh

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Att Edinburgh The Fourteinth day of August Jaj viic and two years. Called Extraordinary

A1702/8/141

Proclamation

[Proclamation for dissolving parliament]

Proclamation in the termes of the Above Letter for disolveing the present Current parliament was approven and Signed; and ordered to be printed published and recorded.
Anne by the Grace of God Queen of Great Brittain France and Ireland defender of the faith To […] Our Lyon King at armes his bretheren Heraulds Macers of our privy Councill, pursevants; Messengers at armes Our Shirriffs in that part Conjunctllie and Severallie Specially Constitute Greeting Forasmuchas the Current parliament of this our ancient kingdome by the Last act of the Last Session therof bearing date the thretieth of June last by past, Stands adjurned till the eighteinth of August instant And wee haveing thought fitt for diverse Important and weighty Considerationes to put ane end to it by the disolutione therof Therfore Wee with the advice of the Lords of our privy Councill hereby Dissolve our Said parliament And Declare the Same to be disolved accordingly. And wee Considering That wee are ingadged at present in a most Just and necessary war against France and Spain And that by acts past in the parliaments both of this our ancient kingdome and that of England wee are Impowered to nominat Commissioners to treat of ane union betwixt these our kingdomes of Scotland and England and of other things matters and causes relateing therto Conforme to the tenor of the Saids acts Which Wee furthwith intend to doe The Conclusione of which union to be established and ratified in both parliaments will undoubtedly conduce to the Lasting peace and wellfare of both kingdomes For these Causes And that Wee Judge it necessary their Should be a parliament in being that may Meet when wee find the Occasiones of this our ancient kingdome Shall requyre it; And So Soon As the Circumstances of our affairs will admitt Wee have thought fitt to publish and doe hereby with advice forsaid publish and make knowen to all our Leidges that wee are resolved Speedily to indict a new parliament Our Will is Herefore and wee Charge yow Strictly and Command That incontinent thir our Letters seen yee pass to the Marcat Cross of Edinburgh And to the marcat Crosses of the remanent head burghs of the Severall Shires and Stewartries within this our ancient kingdome And ther in our name and authority make publication of this our proclamation Desolveing our Said Current parliament And that the Same is accordingly desolved And that wee are resolved Speedily to induct a new parliament to meett when the Occasiones of our kingdome Shall requyre it; And So Soon as the Circumstances of our affairs will admitt; And Ordaines these presents to be printed and published that non may pretend Ignorance Sic Subscribitur.

Att Edinburgh The Fourteinth day of August Jaj viic and two years. Called Extraordinary

A1702/8/141

Proclamation

[Proclamation for dissolving parliament]

Proclamation in the termes of the Above Letter for disolveing the present Current parliament was approven and Signed; and ordered to be printed published and recorded.
Anne by the Grace of God Queen of Great Brittain France and Ireland defender of the faith To […] Our Lyon King at armes his bretheren Heraulds Macers of our privy Councill, pursevants; Messengers at armes Our Shirriffs in that part Conjunctllie and Severallie Specially Constitute Greeting Forasmuchas the Current parliament of this our ancient kingdome by the Last act of the Last Session therof bearing date the thretieth of June last by past, Stands adjurned till the eighteinth of August instant And wee haveing thought fitt for diverse Important and weighty Considerationes to put ane end to it by the disolutione therof Therfore Wee with the advice of the Lords of our privy Councill hereby Dissolve our Said parliament And Declare the Same to be disolved accordingly. And wee Considering That wee are ingadged at present in a most Just and necessary war against France and Spain And that by acts past in the parliaments both of this our ancient kingdome and that of England wee are Impowered to nominat Commissioners to treat of ane union betwixt these our kingdomes of Scotland and England and of other things matters and causes relateing therto Conforme to the tenor of the Saids acts Which Wee furthwith intend to doe The Conclusione of which union to be established and ratified in both parliaments will undoubtedly conduce to the Lasting peace and wellfare of both kingdomes For these Causes And that Wee Judge it necessary their Should be a parliament in being that may Meet when wee find the Occasiones of this our ancient kingdome Shall requyre it; And So Soon As the Circumstances of our affairs will admitt Wee have thought fitt to publish and doe hereby with advice forsaid publish and make knowen to all our Leidges that wee are resolved Speedily to indict a new parliament Our Will is Herefore and wee Charge yow Strictly and Command That incontinent thir our Letters seen yee pass to the Marcat Cross of Edinburgh And to the marcat Crosses of the remanent head burghs of the Severall Shires and Stewartries within this our ancient kingdome And ther in our name and authority make publication of this our proclamation Desolveing our Said Current parliament And that the Same is accordingly desolved And that wee are resolved Speedily to induct a new parliament to meett when the Occasiones of our kingdome Shall requyre it; And So Soon as the Circumstances of our affairs will admitt; And Ordaines these presents to be printed and published that non may pretend Ignorance Sic Subscribitur.

1. NRS, PC1/52, 438-40.

1. NRS, PC1/52, 438-40.

Letter: royal, 14 August 1702, Edinburgh

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Att Edinburgh The Fourteinth day of August Jaj viic and two years. Called Extraordinary

A1702/8/131

Letter: royal

2Letter from the Queen To the Councill for desolveing this Current parliament

Letter from the Queen to the Councill for desolveing this present Current parliament Read and ordered to be Recorded wherof the tenor followes
Sic Supra Scribitur Anne Regina
Right trustie and right well beloved Cousin and Councillor Right trustie and intirely beloved Cousins and Councillors Right trustie and well beloved Cousins and Councillors Right trusty and well beloved Councillors and trusty and weell beloved Councillors; Wee greet yow well; Wheras Our Current parliament of that our ancient kingdome Stands adjourned to the Eighteinth day of this instant And wee haveing thought fitt for diverse Important and weightie Considerationes to put ane end to it by the disolution therof Wee Doe therfore hereby Disolve our said parliament and Declaire the Same to be Dissolved, And it is our Royall Will and pleasure that Yow Issue furth a proclamatione in owr name and by owr Authoritie Dissolveing our said Cwrrent parliament in the ordinary fame and methode observed In such caices and you are to Cause the Said proclamatione to be published at the mercat Cross of Edinburgh and all places needfull and wee Considering that Wee are Engadged att present in a Most Just and Necessar Warr against France and Spaine; and that by acts past in the parliaments both of Scotland and England; Wee are Impowered and doe intend furth with to Nominat Commissioners to treat of ane union between these our kingdomes and of other things matters and Causes relateing therto Conforme to the tenors of the said acts The Conclusion of which Union to be established and ratified in both parliaments will undoubtedly conduce to the Safety peace and wellfare of both Kingdomes For which causes; and that wee Judge it necessary ther Should be a parliament in being that may meett when wee find the occasion of that our kingdome Shall requyre it; And So Soon as the Circumstances of our affairs will admitt Wee have thought fitt to Signifie to yow That wee are Resolved Speedily to induct a new parliament And this our Royall intention yow are to publish and make knowen to our good Subjects for doeing of all which this shall be your warrant; And So wee bid yow heartily farewell, Given at our Court at Windsour Castle the Eight day of August 1702 and of our Reign the first year. By her Majesties Command, Sic Subscribitur Seafeild.

Att Edinburgh The Fourteinth day of August Jaj viic and two years. Called Extraordinary

A1702/8/131

Letter: royal

2Letter from the Queen To the Councill for desolveing this Current parliament

Letter from the Queen to the Councill for desolveing this present Current parliament Read and ordered to be Recorded wherof the tenor followes
Sic Supra Scribitur Anne Regina
Right trustie and right well beloved Cousin and Councillor Right trustie and intirely beloved Cousins and Councillors Right trustie and well beloved Cousins and Councillors Right trusty and well beloved Councillors and trusty and weell beloved Councillors; Wee greet yow well; Wheras Our Current parliament of that our ancient kingdome Stands adjourned to the Eighteinth day of this instant And wee haveing thought fitt for diverse Important and weightie Considerationes to put ane end to it by the disolution therof Wee Doe therfore hereby Disolve our said parliament and Declaire the Same to be Dissolved, And it is our Royall Will and pleasure that Yow Issue furth a proclamatione in owr name and by owr Authoritie Dissolveing our said Cwrrent parliament in the ordinary fame and methode observed In such caices and you are to Cause the Said proclamatione to be published at the mercat Cross of Edinburgh and all places needfull and wee Considering that Wee are Engadged att present in a Most Just and Necessar Warr against France and Spaine; and that by acts past in the parliaments both of Scotland and England; Wee are Impowered and doe intend furth with to Nominat Commissioners to treat of ane union between these our kingdomes and of other things matters and Causes relateing therto Conforme to the tenors of the said acts The Conclusion of which Union to be established and ratified in both parliaments will undoubtedly conduce to the Safety peace and wellfare of both Kingdomes For which causes; and that wee Judge it necessary ther Should be a parliament in being that may meett when wee find the occasion of that our kingdome Shall requyre it; And So Soon as the Circumstances of our affairs will admitt Wee have thought fitt to Signifie to yow That wee are Resolved Speedily to induct a new parliament And this our Royall intention yow are to publish and make knowen to our good Subjects for doeing of all which this shall be your warrant; And So wee bid yow heartily farewell, Given at our Court at Windsour Castle the Eight day of August 1702 and of our Reign the first year. By her Majesties Command, Sic Subscribitur Seafeild.

1. NRS, PC1/52, 437-8.

2. The letters ‘Proc’ scored out here.

1. NRS, PC1/52, 437-8.

2. The letters ‘Proc’ scored out here.