Procedure, 19 December 1704, Edinburgh

Edinburgh 19th December 1704

D1704/12/9

D1704/12/9¹

Warrant

Warrand for allowing George and Lauchlin Rattryes open prison, and to be taken out of the Dungeon

Anent the petition given in and presented to His Grace the Lord High Chancellour and remanent Lords of her Majesties most honorable privie Councill by George and Lauchlan Rattrayes for the present prisoners at Inverness, Shewing That their Lordships haveing been pleased the other day to grant a Commission for trying them at Inverness upon certain alleadged Crymes laid to their charge by David Spalding younger of Ashintillie, as to which they begg leave most humbly to represent, primo Their Lordships haveing upon the first application remitted the matter to a Committie in order to inquyre into the severall facts alleadged, and their Lordships haveing heard the Declaration of one Mr Pearson ane episcopall Minister did think there was ground for granting ane Commission, Wheras Insofarras Concerns him Lauchlan Rattray there was nothing att all alleaged againest him, And therfore it Seemed most unreasonable that an Commission Should be granted for tryeing of him, when it was plain and clear, that nothing was so much as alleadged or insinuat againest him befor the Committie, Secundo They haveing been Seased by My Lord Advocats order, and for severall weeks kept prisoners in Ashintillies own house, and there in a most barbarous maner (which in due tyme shall be laid more fully befor their Lordships) and therafter were sent to Inverness, and that out of design that so their tryall might be made there, where Ashintillie hes all his Relations on the mother-syde, to witt the McIntosh’s, and where they have no Friend nor acquaintance So that it appears highly reasonable that their tryall Should not be in that place, But in some other indifferent place where neither Ashintillie nor they could pretend to any Interest Tertio They have been these severall moneths bygon keept in ane Dungeon, under ane Arch of the Bridge of Inverness (albeit he the said George be above Sixtie years of age) where there was neither fire, bedding, Candle, nor window, by which their treatment appears to be as Brutes and not as reasonable Creatures, And therfore they ought to be putt into the Toun prison, and allowed bedding, fire, and Candle, and all their Friends and Relations allowed access to them, for giveing advyce in order to defend themselves againest this unjust proces Quarto Seeing a Commission was granted for their tryall it doeth not appear reasonable that the list of Commissioners given in by Ashintillie Should be regairded by their Lordships, for if there were a Nomination taken from anie, no doubt their petitioners Defenders are in the preferrable case, and especially that they have no acquaintance in that place, and that the pursuer is in the midst of his Relations, And therfor they gave in the following list, whom they presume their Lordships will think most proper and disinterested, viz: The Laird of Brodie one of their Lordships own number, the Laird of Grant elder, the Lairds of Kilravock and Culloden all members of parliament In the nixt place that their Lordships will be pleased to appoynt a peremptor Short day for the Commission to meet upon, that They be not detained prisoners at the Complainers pleasure And in the last place, They humbly intreat that whatever probation be adduced, or whatever Verdict be returned by the Assize that there be no Sentence pronounced againest their petitioners, untill first the whole proces and Steps therof be laid befor, and Considered by their Lordships that So in case anie undue procedure be made against them, even to their Lordships conviction, they might not be branded, as persons under the sentence of death; Craveing it might thertore please their Lordships Seriously to Consider the premisses, and to find that he the said Lauchlan Rattray ought not to be Suspected to anie tryall but Sett at libertie upon Caution, Seeing nothing was informed against him, befor the Committie, and Ordain the tryall to be in anie other place except Inverness where all Ashintillie relations are so numerous, And to ordaine them to be taken out of the forsaid Dungeon, and carried to the Toun prison, And there allowed bedding, fire, and Candle, and their friends and procurators allowed free access to them, And to appoynt ane peremptor Short day for their tryall, And lykewayes have no regaird to the Commissioners named by Ashintillie, and to stop the pronounceing of anie Sentence againest them untill such tyme as the whole proces be laid befor their Lordships and their petitioners shall ever pray, as the said petition bears, The Lords of her Majesties privie Councill having Considered the petition given in to them by George and Lauchlan Rattrays, and the same being read in their presence, The saids Lords Doe heirby Appoynt and Ordain the petitioners to be taken out of the Dungeon, in which they are at present, and carried to the Toun prison of Inverness, and there to be allowed fyre bedding and Candle, and their Friends and procurators free access to them.