A
short
Account
of
the
Process
and
Trial
at
the
Instance
of
His
Majesty's
Advocat
,
by
special
Order
of
His
Majesty's
Privy
Council
,
against
Thomas
Frazer
of
Beaufort
,
and
Captain
Simeon
.
Frazer
his
Son
,
and
their
Complices
,
for
the
Crimes
of
Treason
,
and
other
Crimes
contained
in
their
Inditement
.
LOrd
Lovat
having
deceased
in
the
year
1696
,
leaving
four
Daughters
under
age
,
in
the
keeping
and
custody
of
their
Mother
;
and
the
Right
of
Succession
,
according
to
the
Tenor
of
the
Lord
Lovat's
Infeftments
,
as
well
as
by
his
own
express
Deeds
,
divolving
upon
the
eldest
Daughter
:
Nevertheless
Thomas
Fraser
of
Beaufort
,
and
Captain
Simeon
Fraser
his
Son
,
pretending
,
That
they
were
the
apparent
Heirs
Male
of
the
Family
,
and
alledging
(
without
any
ground
)
that
the
Right
of
Succession
of
the
Estate
of
Lovat
should
only
appertain
to
them
;
endeavour
to
Possess
those
of
the
Name
,
and
the
Vassals
and
dependers
on
the
Family
,
(
who
make
a
numerous
Clan
in
the
Highland
parts
)
That
the
young
Lady
the
Heiress
was
to
be
disposed
upon
by
her
Mother
and
Friends
,
to
a
Stranger
,
and
that
thereby
their
Clan
and
Chiftainrie
(
Names
of
great
Value
,
with
that
sort
of
people
)
were
to
be
broken
,
and
they
brought
under
Subjection
to
a
Foreign
Lord
and
Master
.
Whereupon
the
said
Thomas
Fraser
,
with
his
Son
Simeon
Fraser
,
(
tho
Persons
of
no
Estate
,
and
who
for
a
long
time
had
lived
precariously
by
the
allowance
and
tollerance
of
the
Lord
Lovat
,
upon
a
piece
of
Land
of
his
called
Beaufort
)
do
enter
into
a
Combination
and
Conspiracy
with
those
of
the
Name
of
Faser
,
whom
they
could
induce
to
follow
them
;
and
first
,
holding
secret
Councils
,
and
signing
Bonds
and
Leagues
amongst
themselves
,
and
then
making
open
Convocations
and
Rendevouzes
in
Arms
,
they
resolve
about
the
Month
of
September
,
1697
,
to
invade
and
possess
the
Estate
and
Lordship
of
Lovat
(
to
which
they
knew
perfectly
that
they
had
no
legal
Right
or
Title
)
by
plain
Force
and
Violence
.
And
thus
proceeding
from
one
Step
and
Degree
of
Violence
to
another
,
they
break
out
into
a
treasonable
rising
in
Arms
,
and
open
and
manifest
Rebellion
against
his
Majesty
.
And
that
attended
with
the
Aggravations
of
such
insolent
and
horrid
Crimes
,
as
have
scarce
been
heard
of
in
any
Civil
Nation
or
Kingdom
.
But
because
the
exact
account
of
these
their
Crimes
and
Treasons
,
as
also
of
the
Method
taken
by
the
Lords
of
his
Majesty's
Privy
Council
to
reduce
them
to
a
better
Mind
,
and
prevent
the
foresaid
Extreamities
,
will
best
appear
from
the
two
libels
or
Inditements
,
which
upon
t●
occasion
are
raised
against
them
;
the
just
and
full
doubles
thereof
were
and
are
as
follows
.
The
just
double
of
the
first
Libel
or
Inditement
exhibit
and
insisted
upon
,
by
his
Majesty's
Advocat
,
before
the
Lords
of
her
Majesties
Justiciary
at
Edinburgh
,
the
5th
.
day
of
September
1698
,
Against
Thomas
Fraser
of
Beaufort
,
and
Captain
Simon
Fraser
his
Son
,
and
their
Accomplices
afternamed
.
THat
where
,
by
the
Laws
of
this
,
and
all
other
well
governed
Nations
,
the
Crimes
of
Treason
and
Rebellion
;
As
likewise
of
unlawful
Leagues
and
Combinations
,
and
the
convocating
and
conveening
of
Subjects
in
Arms
,
without
the
warrand
of
Authority
,
and
the
ocupying
,
possessing
,
stuffing
,
and
fortifying
of
Houses
and
Forts
,
with
armed
Men
,
and
other
Provisions
:
As
also
,
the
way-laying
,
Seising
,
Apprehending
,
and
making
free
Subjects
Prisoners
,
and
detaining
them
in
privato
carcere
,
or
in
Bondage
and
Captivity
,
and
treating
them
with
Insolence
and
Cruelty
:
As
likewise
,
the
ravishing
or
offering
to
Ravish
Women
by
Force
and
Violence
,
and
without
Respect
to
the
Quality
or
Condition
of
the
Persons
injured
,
or
even
to
common
Humanity
;
and
the
persisting
in
the
said
Violence
,
Rapt
,
and
Ravishing
,
by
carrying
the
Ravished
about
from
Place
to
Place
,
at
the
pleasure
of
the
Ravisher
,
are
punishable
with
Confiscation
of
Life
,
Lands
,
and
Goods
.
Likeas
,
by
the
Act
of
Parliament
King
James
1st
.
Par.
1st
.
Cap.
3d.
It
is
statute
,
That
no
man
openly
Rebel
against
us
,
under
the
pain
of
Forfeiture
of
Life
and
Goods
.
And
by
the
Act
of
Parliament
James
the
2d
.
Parl.
6.
Cap.
24.
It
is
statute
,
That
who
commits
Treason
against
Our
Person
and
Majesty
,
rises
in
feir
of
War
against
Us
,
Resets
and
supplies
such
as
have
committed
Treason
,
or
stuffs
their
Houses
,
and
holds
them
against
us
,
or
stuffs
Houses
of
their
own
,
in
furtherance
of
Rebels
,
shall
be
punished
as
Traitors
.
And
by
the
Act
of
Parliament
Queen
Mary
,
Par.
9.
Cap.
75.
It
is
statute
,
That
none
attempt
to
do
,
or
rise
any
Bands
of
Men
of
War
,
on
Horse
or
Foot
,
with
Culverings
,
Pistols
,
Picks
,
Spears
,
or
other
Munition
bellical
,
without
special
License
in
writ
of
our
Sovereign
Lady
,
and
her
Successors
,
under
the
pain
of
Death
,
to
be
execute
upon
the
raisers
of
the
said
Bands
.
As
also
upon
them
that
raises
and
conveens
in
the
Bands
.
And
by
the
Act
,
James
6th
Parl.
8th
.
Cap.
131.
It
is
statute
,
That
none
of
our
Subjects
presume
to
convocat
,
conveen
,
or
assemble
,
for
holding
of
Councils
to
treat
,
consult
,
or
determin
in
any
matter
of
State
,
Civil
or
Ecclesiastick
,
except
in
the
ordinary
Judgement
,
without
our
special
Command
,
or
express
Licence
,
under
the
pain
made
against
such
as
unlawfully
convocats
our
Leidges
.
And
by
another
Act
James
6th
.
Parl.
10th
.
Chap.
12.
It
is
statute
,
That
no
Leagues
or
Bands
be
made
against
our
Subjects
,
of
any
Degree
,
without
Privity
and
consent
,
under
the
pain
to
be
holden
and
execute
as
movers
of
Sedition
,
to
the
breach
of
the
peace
:
Which
two
last
Act
are
ratified
by
Charles
2d
.
Parl.
1st
.
Cap.
4th
.
And
by
the
Act
Charles
2d
.
Par.
1.
Chp.
5th
.
It
is
declared
,
That
it
is
,
and
shall
be
high
Treason
to
the
Subjects
of
this
Kingdom
.
or
any
number
of
them
,
more
or
less
,
upon
any
Ground
or
pretext
whatsoever
,
to
rise
and
continue
in
Arms
,
to
maintain
any
Forts
,
Strength
,
or
Garisons
,
or
to
make
any
Treaties
or
leagues
with
Forreigners
,
or
amongst
themselves
,
without
our
special
Authority
and
Approbation
,
first
had
,
and
obtained
thereto
.
And
by
the
Act
Charles
2d
.
Par.
1st
.
Session
2d
.
cap.
2d
.
It
is
statute
and
declared
,
That
to
plot
,
contrive
,
or
intend
to
levie
War
,
or
to
take
up
Arms
against
us
,
or
any
commissionat
by
us
,
is
punishable
as
high
Treason
.
Likeas
,
by
the
Act
Charles
2d
.
parl
,
2d
.
Cap.
11th
.
It
is
statute
,
That
in
time
coming
,
in
all
cases
of
Treasonable
rising
in
Arms
,
and
open
,
and
manifest
Rebellion
against
us
and
our
Authority
,
our
Advocat
for
the
time
,
may
and
ought
to
insist
against
,
and
prosecute
such
persons
as
he
shall
be
ordered
by
us
,
or
our
privy
Council
to
Pursue
:
And
if
they
be
Cited
and
do
not
compear
,
the
Judges
(
notwithstanding
of
their
absence
)
may
and
ought
to
proceed
to
consider
,
and
give
Interlocutor
upon
the
Libel
;
and
if
it
be
found
Relevant
,
admit
the
same
to
the
knowledge
of
an
Assise
,
and
upon
their
Verdict
,
find
the
same
to
be
proven
,
The
Doom
and
Sentence
of
Forfeiture
ought
to
proceed
,
and
be
given
in
the
same
manner
,
as
if
the
persons
accused
had
compeared
,
and
were
present
.
Which
raising
Convocatting
and
Conveening
in
Arms
without
or
against
our
Authority
,
which
the
other
Crimes
foresaid
are
highly
aggravated
,
and
the
Treason
and
Rebellion
yet
more
open
and
manifest
,
while
the
persons
guilty
presume
to
persist
and
continue
therein
,
after
having
been
charged
in
our
Name
,
by
our
Officers
,
or
by
a
Herauld
thereto
Waranted
,
to
lay
down
their
Arms
,
and
render
their
persons
to
bide
the
Law
;
under
the
pain
of
Rebellion
.
As
also
,
by
the
34th
Act
Parliament
1st
.
Sess.
1st
.
Ch.
2d
.
It
is
statute
,
That
the
celebrater
of
Clandestine
Marriages
be
banished
the
Kingdom
,
never
to
return
under
the
pain
of
Death
.
NEVERTHELEES
,
It
is
of
verity
,
That
Captain
Simon
Fraser
,
Eldest
lawful
Son
to
Thomas
Fraser
of
Beaufort
,
William
Fraser
of
Foger
,
Hugh
Fraser
in
K●nmonavie
,
William
Fraser
in
Dulleraig
,
William
Fraser
of
Erechit
,
Alexander
Fraser
of
Kilduthill
younger
,
Hugh
Fraser
,
alias
Huiston
Oig
in
Leadclune
,
Alexander
Fraser
in
Ruthven
,
Jhon
Fraser
his
Brother
,
Alexander
Fraser
Son
to
Farratin
,
Alexander
Frasor
Son
to
Meggivie
,
Tais
Fraser
Brother
to
Litlegarth
,
Thomas
Huiston
Son
to
the
Minister
of
Stratherick
,
Aeneas
Macbaine
Brother
to
Drummond
Macbaine
,
Hugh
Fraser
Son
to
Struie
,
Hugh
Fraser
younger
of
Boch
rubine
,
John
Fraser
Brother
to
Old
Kilduthill
,
Major
Thomas
Fraser
Elder
of
Struie
,
Hugeh
Fraser
Brother
to
Srechits
,
and
John
Fraser
younger
of
Meggive
,
Shaking
off
all
fear
of
God
and
regard
to
our
Laws
and
Authority
,
are
guilty
,
airt
and
part
of
the
Crimes
above
and
under
mentioned
.
In
so
far
as
,
The
said
Captain
Simon
Fraser
having
on
one
or
other
of
the
days
of
the
Month
of
September
last
sent
to
the
foresaids
persons
to
come
and
meet
him
at
Moniack
,
a
House
belonging
to
Fraser
of
Strichen
,
they
agreed
and
came
to
the
foresaid
House
,
belonging
to
Strichen
,
and
there
then
being
several
other
Gentlemen
of
the
Name
of
raser
and
others
;
They
unlawfully
leagued
and
combined
together
for
to
rise
in
Arms
and
prosecute
their
mischievous
Practices
.
Likeas
,
for
their
better
effectuating
thereof
,
Intimation
having
been
made
by
one
or
other
of
the
Persons
above-mentioned
to
the
Men
of
Stratherick
,
(
which
is
a
part
of
the
Lord
Lovats
Estate
and
Interest
,
)
They
within
three
or
four
days
after
the
meeting
at
Strichens
House
,
did
rendezvous
about
two
hundred
Men
in
Arms
at
Esseck
.
And
when
the
Men
of
Stratherick
,
did
come
to
the
said
Rendezvous
at
Esseck
,
about
two
hundred
Men
in
Arms
,
as
said
is
,
the
said
Thomas
and
Simon
Frasers
of
Beaufort
,
and
the
other
Persons
above-complained
upon
,
did
encourage
these
Men
,
unlaufully
conveened
in
Arms
,
as
said
is
,
by
swearing
,
and
causing
them
swear
to
join
and
concur
for
maintaining
the
saids
Thomas
and
Simon
Fraser's
Pretences
to
the
Estate
of
Lovat
,
against
all
Opposers
.
Likeas
after
the
Rendezvous
,
the
said
Thomas
and
Simon
Frasers
,
and
others
above
complain'd
upon
,
that
had
been
at
the
Rendezvous
,
went
into
a
Change-House
near
by
,
and
there
contriv'd
and
drew
up
the
Letter
subscribed
by
them
,
directed
to
the
Lord
Fraser
:
And
of
which
Letter
a
Copy
is
hereto
subjoyn'd
(
the
principle
being
put
in
the
Clerk
of
Justiciaries
hands
)
and
doth
manifestly
contain
an
unlawful
League
and
Combination
,
for
mutual
Adherance
in
their
wicked
Designs
,
which
League
and
Combination
is
the
rather
aggravated
than
paliated
by
any
exeception
therein
of
the
King
and
Government
,
as
being
protestatio
contrario
facto
.
Likeas
,
the
said
Letter
of
Association
doth
also
contain
bold
and
wicked
Threatnings
against
the
Lord
Saltoun
,
and
false
and
undue
Reflections
and
Insinuations
against
the
Marquess
of
Athol
and
his
Family
.
And
this
Letter
being
framed
,
and
agreed
to
as
said
is
,
to
be
sent
to
the
Lord
Fraser
,
after
his
parting
from
the
Banders
and
Leaguers
,
doth
further
declared
their
purpose
to
continue
in
the
said
unlawful
Association
,
and
to
have
the
same
recorded
ad
futuram
rei
memoriam
.
And
the
Letter
was
accordingly
sent
to
the
Lord
Fraser
,
to
his
House
of
The
Lord
Saltoun
having
gone
North
the
next
day
,
to
visit
the
Lady
Dowager
of
Lovat
at
her
House
of
Castledounie
,
after
he
had
stay'd
there
a
few
days
,
and
as
he
was
returning
homeward
with
the
Lord
Mungo
Murray
,
Son
to
the
Marquess
of
Athol
,
and
some
other
Gentlemen
,
by
the
way
passing
throw
the
Wood
of
Bonchrew
,
about
four
Miles
from
Castledounie
,
the
said
Lord
Saltoun
,
Lord
Mungo
Murray
,
and
their
Company
,
were
upon
the
sixth
,
or
one
or
other
of
the
days
of
October
last
,
surprised
by
the
said
Captain
Simon
Fraser
and
his
Father
,
who
having
convocat
a
great
many
Men
in
Arms
,
above
fourscore
,
or
a
hundred
,
did
place
themselves
in
ambush
,
for
way-laying
and
seising
the
said
Lord
Saltoun
,
Lord
Mungo
Murray
,
and
their
Company
.
Whom
they
accordingly
s
;
eised
with
great
Violence
and
Barbarity
,
Disarming
,
Dismounting
,
throwing
them
down
,
and
Beating
them
,
with
many
Threatnings
,
to
Murther
them
outright
.
And
the
said
Thomas
and
Simon
Frasers
having
,
with
their
foresaid
Company
,
(
whereof
several
were
Subscribers
of
the
foresaid
Letter
of
Association
)
taken
Prisoners
the
Lord
Saltoun
,
Lord
Mungo
Murray
,
and
their
Company
,
unable
to
resist
so
great
a
Force
,
they
caused
them
to
Mount
on
little
pitiful
Beasts
,
instead
of
their
own
Horses
,
whereof
they
had
rob'd
them
as
also
of
their
Armr
,
and
other
things
about
them
,
and
thus
carried
them
away
Captives
,
under
their
Guards
of
Men
and
Arms
,
to
the
House
of
Fanellan
,
where
they
made
them
closs
Prisoners
every
one
in
a
Room
by
himself
,
for
the
space
of
six
or
seven
days
,
having
in
the
mean
time
fortified
and
stuffed
the
House
with
Armed
Men
and
other
Provisions
.
And
further
,
in
prosecution
of
their
wicked
Band
and
League
to
rise
in
Arms
,
the
said
Thomas
and
Simon
Frasers
,
and
their
Complices
,
sent
the
Firie
Cross
through
the
Countrey
,
to
raise
their
Men
and
People
in
Arms
;
whereby
they
conveened
to
the
Number
of
two
hundred
Men
in
Arms
,
to
assist
and
joyn
with
the
saids
Frasers
,
and
others
above-complained
upon
,
in
their
foresaid
open
and
manifest
Insurrection
and
Rebellion
:
In
further
prosecuting
whereof
,
the
said
Thomas
and
Simon
Frasers
,
and
their
Complices
above-complained
upon
,
did
the
same
day
that
they
made
the
Lord
Saltoun
,
Lord
Mungo
Murray
,
and
others
their
Prisoners
,
march
with
a
Company
of
about
one
Hundred
Men
in
Arms
,
to
the
Lady
Lovat's
House
of
Castledounie
,
and
there
,
violently
and
wickedly
seised
upon
the
Widow
Lady
and
her
Servants
,
and
made
them
Prisoners
;
and
robbed
and
spoiled
the
Goods
in
and
about
the
House
,
at
their
pleasure
.
And
thus
the
said
Thomas
and
Simon
Frasers
,
and
their
Complices
above
complained
upon
,
having
broken
out
into
open
Rebellion
and
Arms
,
and
seised
the
foresaid
two
Houses
with
the
Prisoners
therein
,
they
garisoned
the
same
,
and
appointed
Captains
,
and
other
Officers
over
their
Troops
and
Garisons
:
And
adding
yet
more
Barbarity
to
all
their
Violence
,
they
set
up
a
Gallows
before
the
House
of
Fanellan
,
and
in
the
View
of
the
Windows
where
the
Prisoners
were
,
threatning
to
hang
them
thereon
.
And
by
sending
tee
said
Firie
Cross
as
said
is
,
they
convocat
and
conveened
yet
more
Men
in
Arms
,
and
after
they
had
keeped
the
saids
Prisoners
,
some
six
or
seven
days
in
the
foresaid
Captivity
and
Terrors
,
they
carried
them
from
Fanellan
by
armed
Guards
,
to
the
Isle
of
Aigies
,
where
they
keeped
them
Prisoners
in
a
Creel
House
for
their
Lodging
,
and
did
treat
them
in
a
most
miserable
manner
,
so
that
the
Lord
Saltoun
fell
so
sick
,
that
they
were
obliged
to
dismiss
him
,
but
still
keeping
the
Lord
Mungo
Murray
Prisoner
for
some
days
thereafter
:
And
about
the
same
time
,
they
have
the
Lady
Dowager
of
Lovat
still
their
Prisoner
in
Castledounie
.
And
during
their
Imprisonment
,
the
said
Thomas
and
Simon
Frasers
,
and
their
Complices
above-complain'd
upon
,
propone
Conditions
,
extort
Articles
and
Agreements
,
and
whatever
they
pleased
to
demand
,
there
being
no
resisting
such
a
wicked
and
barbarous
Force
,
which
continually
proceeded
to
greater
Violence
and
Barbarity
.
For
not
only
the
said
Thomas
and
Simon
Frasers
and
their
said
Complices
,
refused
to
lay
down
their
Arms
,
and
desist
from
their
Violence
,
when
commanded
and
charged
by
the
Sheriff
of
Inverness
;
But
going
on
in
their
Villainous
Barbarities
,
they
keeped
the
said
Lady
Dowager
,
in
most
miserable
Captivity
.
And
when
nothing
that
she
could
propose
or
promise
would
satisfie
them
,
the
said
Captain
Simon
takes
up
the
most
Mad
and
Villainous
Resolution
that
ever
was
heard
of
:
For
all
in
a
sudden
,
he
and
his
saids
Complices
makes
the
Lady
closs
Prisoner
in
her
Chamber
,
under
his
armed
Guards
;
And
then
comes
upon
her
,
with
Mr.
Robert
Monro
Minister
at
Abertarse
,
and
three
or
four
Ruffians
in
the
Night
time
,
about
two
or
three
in
the
Morning
in
the
Month
of
October
last
,
or
one
or
other
of
the
days
of
the
said
Month
of
October
last
:
And
having
dragged
out
her
Maids
,
Agnes
Mackbrayer
,
and
Fraser
,
he
proposes
to
the
Lady
,
that
she
should
Marry
him
.
And
when
she
fell
in
Lamenting
and
Crying
,
the
great
Pipe
was
blown
up
,
to
drown
her
cryes
,
and
the
wicked
Villains
order
the
Minister
to
proceed
.
And
tho
she
protested
with
Tears
and
Cries
,
and
also
offered
all
promises
of
any
thing
else
,
and
declared
she
would
sacrifice
her
Life
,
sooner
then
consent
to
their
Proposal
,
nevertheless
the
said
Minister
proceeds
,
and
declares
them
Married
Persons
:
And
Hugh
Fraser
of
Kinmonavie
,
and
the
said
Hutcheon
Oig
,
(
both
of
them
Thieves
and
Murtherers
)
are
appointed
for
her
waiting
Maids
.
And
tho
she
often
swarfed
and
again
cryed
out
most
grievously
,
yet
not
relenting
,
but
the
Bag-pipe
is
blown
up
as
formerly
,
and
the
foresaid
Ruffians
rent
off
her
Cloaths
,
cutting
her
Stays
with
their
Durks
,
and
so
thrust
her
into
her
Bed.
After
this
most
horrid
violent
Rapt
,
when
the
Ladies
Friends
offered
to
make
some
Attempt
,
for
her
Rescue
out
of
Captain
Simon's
hands
,
the
said
Captain
Simon
,
and
his
said
Complices
,
carry
her
away
to
the
Hills
,
and
raising
the
Countrey
,
to
the
number
of
four
or
five
hundred
Men
in
Arms
,
of
their
own
Name
and
Dependers
,
did
detain
still
the
afflicted
Lady
,
and
did
stand
to
their
own
Defence
.
And
further
,
when
the
Lords
of
our
Privy
Council
,
having
Intelligence
of
this
Violence
and
Insurrection
in
Arms
,
and
of
the
foresaid
wicked
Practices
and
Rebellion
of
the
said
Frasers
,
and
others
above
complained
upon
,
did
order
an
Herauld
to
charge
the
said
Traitors
and
Rebels
,
to
lay
down
their
Arms
,
and
set
the
Lady
at
Liberty
,
and
render
themselves
Prisoners
,
to
abide
the
Law
:
And
did
also
order
the
Sheriff
,
with
the
Passe
Comitatus
,
as
likewise
our
Troops
and
Forces
to
march
against
them
,
and
subdue
them
.
Yet
the
foresaids
Thomas
and
Simon
Frasers
,
and
their
saids
Complices
,
disobeyed
the
said
Charge
,
and
in
manifest
Contempt
thereof
,
continued
in
Arms
and
Rebellion
for
a
considerable
time
after
they
were
so
charged
,
and
detained
the
said
Lady
Prisoner
for
several
days
thereafter
.
By
all
which
it
is
evident
,
that
the
whole
foresaids
Persons
,
and
each
of
them
Respective
,
are
guilty
as
Actors
,
at
least
as
airt
and
part
,
of
the
Crimes
of
Treason
and
open
Rebellion
,
convocating
and
conveening
in
Arms
,
unlawful
Banding
and
Leaguing
,
Robbery
,
Ravishment
,
and
the
other
Violences
and
Crimes
above-mentioned
,
or
of
one
or
other
of
them
.
As
also
,
the
said
Mr.
Robert
Monro
Minister
,
is
guilty
of
celebrating
a
Clandestine
Marriage
:
Which
being
found
by
the
Knowledge
of
an
Inquest
,
they
ought
to
be
punished
by
Confiscation
of
Life
,
Lands
,
Honours
,
and
Goods
,
and
other
pains
of
Law
,
to
the
Example
and
Terror
of
others
to
commit
the
like
in
time
coming
.
Follows
the
just
Double
of
the
Second
Lybel
or
Inditement
against
the
Frasers
.
THat
where
,
by
the
Laws
of
this
,
and
all
other
well
governed
Realms
,
the
Crimes
of
Treason
and
Rebellion
,
and
open
Insurrection
in
Arms
,
as
likewise
of
unlawful
Leagues
and
Combinations
,
and
the
Convocating
or
Conveening
of
our
Subjects
in
Arms
,
without
the
Warrand
of
our
Authority
,
and
the
Occupying
,
Possessing
,
Stuffing
,
and
Fortifying
of
Houses
,
and
Fortifying
of
Houses
and
Forts
with
Armed
Men
,
and
other
Provisions
:
As
also
the
way-laying
,
seising
,
apprehending
,
and
making
free
Subjects
Prisoners
,
and
detaining
them
by
Violence
in
Bondage
and
Captivity
,
and
treating
them
with
all
hardships
,
are
punishable
with
Confiscation
of
Life
,
Lands
and
Goods
:
Likewise
by
the
Act
of
Parliament
,
Ja.
1st
.
Par.
1st
.
Cap.
3d.
It
is
Statute
,
That
no
Man
openly
Rebel
against
us
,
under
the
Pain
of
Forfeiture
of
Life
and
Goods
:
And
by
the
Act
of
Parliament
Ja.
2d
.
Par.
6th
.
Cap.
24th
.
It
is
Statute
,
That
who
commits
Treason
against
our
Person
and
Majesty
,
rises
in
Feir
of
War
against
us
,
resets
and
supplies
such
as
have
committed
Treason
,
or
Stuffs
their
Houses
and
holds
them
against
us
,
or
Stuffs
Houses
of
their
own
in
Furtherance
of
Rebels
,
shall
be
punished
as
Traitors
.
And
by
the
Act
of
Parliament
Queen
Mary
,
Par.
9th
.
Cap.
75.
It
is
Statute
,
That
none
attempt
to
do
or
raise
any
Bands
of
Men
of
War
,
upon
Horse
or
Foot
,
with
Culverings
,
Pistols
,
Picks
,
Spears
,
or
other
Munition
Bellical
,
without
special
License
in
Writ
of
her
Majesty
and
her
Successors
,
under
the
Pain
of
Death
to
be
execute
upon
the
Raisers
of
the
saids
Bands
,
as
also
upon
them
that
rises
and
conveens
in
Bands
.
And
by
the
Act
,
Ja.
6th
.
Par.
8th
.
Cap.
131.
It
is
Statute
,
That
none
of
our
Subjects
presume
to
Convocat
,
Conveen
or
Assemble
for
holding
of
Councils
,
to
treat
,
consult
,
or
determine
in
any
Matter
of
State
,
Civil
or
Ecclesiastick
,
except
in
the
ordinary
Judgements
,
without
our
special
Command
or
express
License
,
under
the
Pains
made
against
such
as
unlawfully
Convocats
our
Leiges
:
And
by
another
Act
,
Ja.
6th
.
Par.
10th
Cap.
12th
It
is
Statute
,
That
no
Leagues
or
Bands
be
made
amongst
our
Subjects
of
any
Degree
,
without
our
Privity
and
Consent
,
under
the
Pain
to
be
holden
and
execute
as
Movers
of
Sedition
to
the
Breach
of
the
Peace
.
Which
two
last
Acts
are
ratified
,
Ch.
2d
.
Par.
1st
.
Cap.
4th
.
And
by
the
Act
,
Ch.
2d
.
Par.
1st
.
Cap.
5.
It
is
Declared
,
That
it
is
,
and
shall
be
High
Treason
to
the
Subjects
of
this
Kingdom
,
or
any
number
of
them
,
more
or
less
,
upon
any
Ground
or
pretext
whatsoever
,
to
rise
and
continue
in
Arms
,
to
maintain
any
Forts
,
strengths
or
Garisons
,
or
to
make
any
Treaties
or
Leagues
with
Forreigners
,
or
amongst
themselves
,
without
our
special
Authority
and
Approbation
first
had
and
obtained
thereto
.
And
by
the
Act
,
Ch.
2d
.
Par.
1st
.
Ses.
2d
.
Cap.
2d
.
It
is
statute
and
declared
,
That
to
plot
,
contrive
,
or
intend
to
levy
War
,
or
to
take
up
arms
against
us
,
or
any
Commissionat
by
us
,
is
punishable
as
high
Treason
.
Likeas
,
by
the
Act
,
Ch.
2d
.
Par.
2d
.
Cap.
11th
.
It
is
statute
,
That
in
time
coming
,
in
all
Cases
of
Treasonable
rising
in
Arms
,
and
open
and
manifest
Rebellion
against
us
and
our
Authority
,
our
Advocat
for
the
time
,
may
,
and
ought
to
insist
,
and
prosecute
such
Persons
,
as
he
shall
be
ordered
by
us
,
and
our
Privy
Council
to
pursue
.
And
if
they
be
cited
,
and
do
not
appear
,
the
Justices
notwithstanding
of
their
Absence
,
may
,
and
ought
to
proceed
to
consider
,
and
give
Interlocutor
upon
the
Libel
:
And
if
it
be
found
relevant
,
admit
the
same
to
the
knowledge
of
an
Assize
,
and
upon
their
Verdict
,
finding
the
same
to
be
proven
,
the
Doom
and
Sentence
of
Forfeiture
ought
to
proceed
,
and
be
given
in
the
same
manner
,
as
if
the
Persons
accused
had
compeared
,
and
were
present
.
Which
raising
,
convocating
,
and
conveening
in
Arms
,
without
,
or
against
our
Authority
,
with
the
other
Crimes
foresaid
,
are
highly
aggravated
,
and
the
Treason
and
Rebellion
becomes
yet
more
wicked
and
attrocious
,
when
they
are
perpetrat
by
Persons
under
Process
for
former
Treasons
,
and
other
capital
and
wicked
Crimes
,
and
after
having
been
Charged
in
our
Name
by
our
Officers
,
or
by
a
Herauld
thereto
warranted
,
to
lay
down
their
Arms
,
and
render
their
Persons
to
abide
the
Law
,
under
the
pain
of
Rebellion
.
Likeas
,
to
attempt
to
seise
,
and
actually
seise
,
and
keep
back
by
force
and
Violence
,
Persons
cited
,
and
under
Bail
,
to
appear
before
the
Court
of
Justiciary
,
or
any
other
Court
or
Judicature
,
to
bear
Witness
,
and
give
evidence
,
or
for
any
other
Cause
or
effect
.
As
also
,
to
extort
by
Force
and
Violence
,
Bonds
,
Declarations
,
or
any
other
Write
or
Paper
from
any
one
of
our
free
Leiges
,
are
likewise
Crimes
of
a
high
nature
,
and
ought
to
be
severely
punished
.
NEVERTHELESS
,
it
is
of
verity
,
That
the
said
Thomas
and
Simon
Frasers
,
and
the
whole
other
persons
above
complained
upon
,
shaking
off
all
fear
of
God
,
and
regard
to
our
Laws
and
Authority
,
are
guilty
,
airt
and
part
,
of
the
Crimes
above
,
and
after
mentioned
.
In
so
far
as
the
said
Captain
Simon
Fraser
and
his
Complices
above
named
,
being
either
already
under
a
Process
of
Treason
,
or
designing
to
frustrate
the
foresaid
Process
raised
against
others
of
their
Accomplices
,
did
upon
the
occasion
that
certain
persons
Witnesses
,
were
to
come
,
or
be
brought
from
Stratherick
,
and
the
bounds
adjacent
thereto
,
within
the
Shire
of
Inverness
,
for
to
give
evidence
in
the
said
Process
anent
the
Crimes
of
Treason
,
and
others
therein
libelled
,
wickedly
add
to
all
their
former
Rebellions
,
and
wicked
horrid
Crimes
,
their
convocating
and
conveening
in
Arms
of
Men
,
to
the
Number
of
Two
or
Three
hundred
Men
less
or
more
;
who
appearing
in
an
open
Insurrection
,
and
manifest
Rebellion
in
Arms
,
did
upon
the
fifteenth
of
June
last
bypast
,
the
sixteenth
,
seventeenth
,
and
eighteenth
,
or
one
or
orher
of
the
days
of
the
said
Month
,
March
in
feir
of
War
,
and
open
Hostility
,
against
certain
of
our
loyal
Subjects
,
conveened
by
our
Authority
:
And
for
furthering
of
Justice
within
the
foresaid
bounds
of
Stratherick
,
and
others
within
the
Shire
of
Inverness
,
and
their
invading
and
incompassing
,
threatning
and
over-mastering
them
,
did
seise
upon
their
Persons
,
and
make
them
Prisoners
,
and
violently
keeped
back
such
as
were
either
cited
,
or
under
Bail
,
to
appear
and
give
Evidence
and
Witness
in
the
Process
above-mentioned
.
As
also
,
they
extorted
from
our
free
Lieges
,
certain
Bonds
,
Declarations
and
Writs
,
according
to
their
own
wicked
Imaginations
and
Purposes
:
Likeas
,
that
they
might
raise
and
promote
their
foresaid
manifest
Insurrection
and
Rebellion
,
they
sent
the
fiery
Cross
through
the
Country
(
a
sign
and
symbol
used
amongst
them
,
to
gather
their
Complices
in
Arms
)
for
making
Insurrection
and
Rebellions
,
and
other
unlawful
Convocations
:
As
also
,
they
did
place
a
Garison
in
John
Frasers
House
of
Meiklegart
in
Stratherick
,
and
in
a
word
,
have
committed
most
manifest
Treason
and
Rebellion
by
open
rising
in
Arms
against
our
Laws
and
Authority
,
and
using
Hostilities
and
Violences
upon
our
good
Subjects
.
By
all
which
it
is
manifest
,
That
the
foresaids
persons
complained
upon
,
or
one
or
other
of
them
,
are
guilty
of
the
Crimes
of
open
and
manifest
Rebellion
in
Arms
,
Treason
,
unlawful
Convocations
,
Violent
Imprisonment
,
and
the
hail
other
Crimes
above
libelled
:
Which
being
found
by
the
knowledge
of
an
Inquest
,
they
ought
to
be
condignly
punished
by
the
Forfeiture
of
Life
,
Lands
,
Honour
,
and
Goods
;
to
the
Example
and
Terror
of
others
to
commit
the
like
in
time
coming
.
This
being
the
Libels
and
Inditements
raised
and
pursued
by
his
Majesty's
Advocat
,
against
the
forenamed
Persons
,
and
the
Criminal
Letters
,
containing
the
same
,
with
the
Execution
thereof
by
Pursevants
and
Heraulds
,
with
Coats
of
Arms
displayed
,
and
sound
of
Trumpet
,
and
other
Solemnities
appointed
by
Act
of
Parliament
,
having
been
duely
returned
to
the
Clerk
of
the
foresaid
Court
of
Justiciary
,
at
the
Days
and
Diets
thereof
:
His
Majesties
Advocat
,
after
the
Court
was
fenced
,
and
that
he
had
first
given
in
the
Order
and
Warrand
of
the
Lords
of
his
Majesty's
Privy
Council
,
for
his
pursuing
of
the
foresaid
Process
of
Treason
,
produced
the
criminal
Letters
of
Treason
duely
execute
;
and
the
Pursevant
who
execute
the
Letters
,
with
his
Witnesses
being
solemnly
sworn
,
and
having
made
faith
upon
the
Truth
of
the
Executions
,
his
Majesty's
Advocat
declared
,
that
the
persons
summoned
,
against
whom
he
intended
to
insist
,
being
absent
,
and
not
compearing
,
to
underly
the
Law
,
he
did
insist
against
the
persons
after
named
,
in
order
to
their
Forfeiture
in
absence
,
viz.
Captain
Simon
Fraser
,
eldest
lawful
Son
to
Thomas
Fraser
of
Beaufort
,
William
Fraser
of
Foyr
,
Hugh
Fraser
in
Kinmonavie
,
William
Fraser
in
Dulleraig
,
William
Fraser
of
Erech
it
,
Alexander
Fraser
of
Kilduthil
younger
,
Hugh
Fraser
,
alias
Huiston
Oig
in
Leadclune
,
Alexander
Fraser
in
Ruthven
,
John
Fraser
his
Brother
,
Alexander
Fraser
,
Son
to
Farralin
,
Alexander
Fraser
Son
to
Meggivie
,
Tais
Fraser
Brother
to
Litlegarth
,
Thomas
Huiston
Son
to
the
Minister
of
Stratherick
,
Aeneas
Mcbaine
Brother
to
Drummond
Mcbaine
,
Hugh
Fraser
Son
to
Struie
,
Hugh
Fraser
younger
of
Bochrubine
,
John
Fraser
,
Brother
to
old
Kilduthill
,
Major
Thomas
Fraser
Elder
of
Struie
,
Hugh
Fraser
,
Brother
to
Erchit
,
and
John
Fraser
younger
of
Meggivie
.
Whereupon
the
Lords
of
Justiciary
,
having
with
consent
of
his
Majesty's
Advocat
,
deserted
the
Diet
as
to
certain
other
persons
contained
in
the
Inditement
,
and
his
Majesty's
Advocat
,
having
restricted
the
Libels
against
Captain
Simon
Fraser
,
and
the
other
persons
insisted
against
,
to
their
Treasonable
rising
in
Arms
,
and
open
Rebellion
against
his
Majesty
,
in
the
terms
of
the
Act
of
Parliament
1669
,
which
in
the
case
of
these
Crimes
,
allows
and
ordains
Process
of
Treason
to
proceed
before
the
Lords
of
Justiciary
,
against
the
persons
thereof
accused
,
tho
absent
,
with
all
the
Aggravations
libelled
,
or
aggravating
the
said
Treason
and
Rebellion
.
The
Lords
Commissioners
of
Justiciary
,
after
consideration
of
the
saids
Libels
,
and
as
restricted
in
manner
foresaid
,
found
the
said
Libel
so
restricted
,
relevant
,
to
infer
the
pains
of
Treason
,
and
remitted
the
same
to
the
knowledge
of
the
Assise
.
And
the
Assise
consisting
of
fifteen
Persons
,
being
called
and
chosen
out
of
the
forty
five
Persons
that
had
been
named
and
given
out
in
a
List
with
the
Libel
and
Criminal
Letters
,
that
the
Defenders
mtght
see
and
object
(
if
they
had
any
Exception
against
them
)
And
no
objection
being
moved
against
them
,
they
were
all
lawfully
sworn
.
And
then
his
Majesty's
Advocat
produced
for
Probation
the
Letters
above-mentioned
in
the
Libel
,
directed
by
the
Lords
of
his
Majesty's
Privy
Council
against
the
said
Captain
Simon
Fraser
and
his
Complices
,
charging
them
to
lay
down
their
Arms
,
render
up
the
houses
by
them
stuffed
and
fortified
,
and
to
submit
themselves
,
and
enter
their
persons
in
Prison
,
in
the
Tolbooth
of
Inverness
,
to
underly
and
abide
the
Law
,
within
the
space
of
Forty
Eight
Hours
,
under
the
pain
of
Treason
and
Rebellion
,
and
denuncing
them
as
such
to
the
Horn.
And
also
(
in
case
of
their
Disobedience
)
commanding
the
Sheriff
of
Inverness
,
and
all
other
his
Majesty's
Officers
,
and
good
Subjects
,
to
rise
,
concur
,
and
act
in
Arms
in
feir
of
War
,
for
reducing
the
said
Rebels
and
Traitors
to
Obedience
,
and
to
apprehend
and
bring
them
to
underly
the
Law
,
as
the
saids
Letters
more
fully
bear
,
together
with
the
Execution
of
the
saids
Letters
,
whereby
it
appeared
,
That
the
foresaid
Defenders
were
both
lawfully
charged
upon
the
day
of
And
for
their
Disobedience
and
Contempt
,
duly
denunced
,
and
put
to
the
Horn
upon
the
day
of
the
said
Month
of
thereafter
.
And
for
the
more
Verification
of
the
said
Charge
and
Execution
,
his
Majesty's
Advocat
did
further
adduce
the
Pursevant
who
execute
the
same
,
with
the
Witnesses
to
the
Executions
,
who
being
all
solemnly
sworn
,
made
Faith
upon
the
Truth
thereof
in
all
Points
But
here
it
is
to
be
observed
,
That
albeit
the
foresaid
Letters
were
directed
by
the
Lords
of
his
Majesty's
privy
Council
for
charging
the
saids
Defenders
to
lay
down
their
Arms
,
&c.
And
in
case
of
their
Disobedience
for
denuncing
them
Rebels
,
and
commanding
the
Sheriff
of
the
Shire
,
and
all
others
his
Majesty's
Officers
,
and
good
Subjects
,
to
march
against
them
as
such
:
And
that
the
foresaid
Letters
and
Executions
were
also
made
use
of
by
his
Majesties
Advocat
for
a
further
Evidence
of
the
Defenders
Treasonable
rising
in
Arms
in
open
Rebellion
,
in
regard
of
their
obstinate
continuing
in
Arms
after
they
were
thereby
charged
;
yet
that
the
Defenders
might
have
all
fair
Justice
,
and
that
no
pretext
might
be
left
them
to
alledge
,
that
it
was
incongruous
and
unjust
to
proceed
to
try
them
for
their
Crimes
in
Judgement
,
for
adducing
probation
against
them
,
when
in
the
mean
time
they
stood
legally
debarred
,
and
were
rendred
incapable
to
compear
,
as
having
been
denunced
Fugitives
,
and
so
deprived
of
personam
standi
in
judicio
,
care
was
taken
before
the
day
appointed
for
their
Compearance
,
to
take
out
other
Letters
by
Deliverance
of
his
Majesty's
Council
,
for
relaxing
them
from
the
Horn
,
and
discharging
their
Out-Lawrie
as
Fugitives
,
that
if
they
had
pleased
to
compear
in
Judgement
,
and
defend
,
they
might
have
done
it
as
freely
as
any
other
of
his
Majesty's
Lieges
;
but
the
persons
insisted
against
,
not
compearing
,
his
Majesty's
Advocat
went
on
with
his
Probation
.
And
the
principal
points
to
be
proven
conform
to
Interlocutor
,
being
their
treasonable
rising
in
Arms
,
and
open
Rebellion
against
his
Majesty
:
He
adduced
in
all
Fourteen
Witnesses
,
whereof
Eleven
Men
and
three
Women
.
The
Men
,
Alexander
Fraser
of
Balnean
,
Thomas
Fraser
of
Gortilick
,
William
Fraser
of
Kilbokie
,
Robert
Spence
in
Suddie
,
Alexander
Mackinsh
in
Groom
,
Mr.
Leonard
Robertson
of
Stralock
,
Mr.
George
Fraser
,
Sub-principal
of
the
Colledge
of
Aberdeen
,
John
Monro
late
Servitor
to
Captain
Simon
Fraser
,
Alexander
Stewart
,
Brother
to
Ulart
,
Peter
Fraser
Servant
to
Balnean
,
and
William
Oig
Fraser
Tenent
to
Balnean
.
Who
being
all
Witnesses
in
this
Case
above
Exception
,
and
many
of
them
Landed
Men
,
did
prove
the
Defenders
their
Treasonable
rising
in
Arms
,
and
open
Rebellion
,
with
the
greatest
Evidence
that
could
be
desired
.
For
tho
it
was
not
to
be
expected
,
that
Eleven
Witnesses
should
depone
uniformly
against
Twenty
Persons
,
all
engaged
in
a
Treasonable
Combination
,
and
rising
in
Arms
,
consisting
of
several
steps
,
Convocations
,
Rebellions
,
Meetings
,
Actings
in
a
Tract
of
Time
,
and
in
several
places
;
yet
,
it
is
most
clear
and
Apparent
from
the
Testimonies
lying
in
Process
,
and
upon
Record
,
That
against
every
one
of
the
Defenders
,
there
were
at
least
two
or
three
Witnesses
to
prove
their
Accession
:
And
furder
,
That
as
to
the
Principal
and
most
attrocious
Acts
of
their
Treasonable
Insurrection
,
There
was
an
evident
Concurrence
of
the
greatest
part
of
them
all
;
In
as
much
as
the
Witnesses
being
solemnly
sworn
,
did
make
Faith
,
and
give
their
Depositions
upon
the
whole
Points
and
Articles
of
both
the
Libels
,
in
reference
to
all
these
particulars
.
First
,
the
Combination
,
Convocating
,
and
conveening
in
Arms
,
without
any
lawful
Authority
.
2.
The
violent
seising
of
the
Prisoners
.
3.
The
taking
the
House
of
Fanellan
,
and
keeping
the
Prisoners
under
Guards
therein
.
4.
The
keeping
Garisons
and
Guards
upwards
of
a
Hundred
Men
in
the
House
of
Fanellan
and
Castledounie
.
5.
The
raising
of
the
Country
by
sending
the
firie
Cross
,
and
making
the
Cry
called
the
Coronoch
pass
thorow
it
,
the
ordinary
signal
for
raising
the
Country
in
Arms
in
these
parts
.
6.
The
mustering
of
men
in
Arms
,
under
Commanders
,
and
with
Colours
,
sometimes
above
Two
Hundred
,
and
sometimes
above
Three
Hundred
.
7.
The
setting
and
keeping
of
Centinels
and
Guards
,
and
detatching
of
Parties
.
8.
Their
marching
with
their
Prisoners
under
Armed
Guards
thorow
the
Country
,
to
remote
places
.
9.
And
wherein
,
in
effect
the
whole
Defenders
were
engaged
;
Their
continuing
in
Arms
in
feir
of
War
,
and
an
open
hostile
manner
,
sometimes
above
two
hundred
,
after
they
were
charged
in
his
Majesty's
Name
,
by
warrant
of
the
foresaid
Letters
directed
by
the
Lords
of
Privy
Council
,
to
lay
down
their
Arms
under
the
pain
of
Rebellion
.
And
,
10.
and
lastly
,
Their
again
convocating
and
conveening
in
Arms
,
several
Months
after
they
had
been
charged
to
lay
down
their
Arms
,
under
the
pain
of
Rebellion
,
as
said
is
,
to
the
Number
of
Two
or
Three
Hundred
,
and
marching
against
,
and
again
seising
his
Majesty's
free
Lieges
,
for
acting
for
his
Majesty's
Authority
,
and
making
them
Prisoners
.
All
which
particulars
,
the
several
and
manifest
steps
of
a
most
Treasonable
raising
in
Arms
,
and
open
Rebellion
,
having
been
proven
,
and
for
the
greatest
and
most
attrocious
part
against
the
whole
Defenders
.
The
Probation
as
to
the
principal
point
was
concluded
with
the
most
full
and
satisfying
evidence
.
And
as
for
the
Aggravations
,
viz.
The
Injuries
and
Indignities
done
to
his
Majesty's
free
Lieges
,
and
those
persons
of
Honour
and
Quality
,
the
making
and
treating
them
as
Prisoners
with
all
severity
,
the
threatning
them
with
Death
,
by
setting
up
a
Gallows
in
their
View
,
before
their
Windows
,
when
under
close
Restraint
in
several
Chambers
,
their
carrying
them
about
under
Guards
as
Prisoners
,
and
detaining
of
them
for
several
days
,
their
most
inhuman
,
cruel
,
and
barbarous
Usage
of
the
Lady
Dowager
of
Lovat
,
and
carrying
her
with
them
,
in
a
most
Afflicted
captive
Condition
for
several
Weeks
,
thorow
the
most
Barbarous
and
Mountainous
places
that
can
be
imagined
,
and
extorting
from
her
,
by
the
Extremities
of
Violence
,
such
Writings
and
Declarations
,
as
they
were
pleased
to
demand
:
All
these
Aggravations
were
also
proven
by
the
foresaid
Witnesses
,
at
least
two
of
them
to
every
particular
,
of
which
the
following
Testimonies
are
a
positive
proof
,
viz.
Alexander
Fraser
younger
of
Balnean
,
aged
Twenty
One
years
,
examined
,
purged
and
sworn
,
Depones
,
That
he
was
present
at
Fanellan
,
when
he
saw
the
Lord
Mungo
Murray
and
the
Lord
Saltoun
brought
Prisoners
there
,
and
made
close
Prisoners
there
in
several
Rooms
,
with
Centinels
put
on
them
,
and
that
they
were
brought
Prisoners
there
by
Captain
Simon
Fraser
,
and
that
when
they
came
to
Fanellan
,
a
House
belonging
to
the
Laird
of
Kinaries
,
the
Doors
were
shut
close
,
and
they
forced
them
up
,
and
put
a
Garison
of
armed
Men
in
the
House
.
Depones
,
That
he
saw
at
Fanellan
,
about
two
or
three
days
after
the
Lord
Saltoun
,
&c.
was
brought
Prisoner
,
about
two
or
three
hundred
Men
in
Arms
under
Captain
Fraser's
Command
,
and
saw
him
muster
them
there
,
and
that
they
had
Arms
,
such
as
Guns
,
Swords
,
Pistols
,
Targes
,
&c.
Depones
,
That
about
seven
or
eight
days
after
the
Lord
Saltoun
was
made
Prisoner
,
he
was
at
Castledounie
,
where
he
see
the
Lady
Lovat
,
and
that
he
saw
a
number
of
armed
Men
within
the
House
,
and
Centinels
at
the
Gate
,
and
that
he
saw
Captain
Simon
Fraser
about
the
same
time
there
.
Depones
,
He
saw
Centinels
sitting
on
the
Treshold
of
my
Lady's
Chamber
Door
,
and
that
they
continued
there
for
a
Night
,
after
which
time
,
the
Deponent
went
away
.
Depones
,
He
saw
Parties
sent
from
Fanellan
to
Castledounie
too
and
fro
several
times
.
Depones
,
That
after
the
Lord
Saltoun
and
Lord
Mungo
Murray
were
brought
Prisoners
to
Fanellan
,
he
saw
a
Gallows
standing
before
the
Windows
,
where
the
saids
two
Lords
were
keeped
closs
Prisoners
,
which
was
not
there
the
day
they
were
brought
Prisoners
.
Depones
,
That
about
nine
or
ten
days
after
the
Lord
Saltoun
and
the
Lord
Mungo
Murray
were
taken
Prisoners
,
he
did
see
one
Night
at
Castledounie
,
Captain
Simon
Fraser
and
Mr.
Robert
Monro
the
Minister
at
Castledounie
,
and
being
desired
by
Captain
Leonard
Robertson
of
Straloch
,
to
get
him
notice
of
my
Lady's
Condition
,
he
went
to
my
Lady's
Chamber
Door
,
and
heard
her
Sighing
and
Moaning
,
and
it
was
then
about
the
Reik
of
Day
,
and
that
he
heard
the
Pipes
playing
in
the
Dining
Room
next
to
my
Lady's
Chamber
.
The
same
Night
he
saw
my
Lady's
two
Women
in
another
Room
,
with
Centinels
set
upon
them
,
and
the
two
Women
Weeping
,
and
this
was
about
Midnight
he
saw
them
.
And
this
is
the
Truth
,
as
he
shall
Answer
to
GOD.
Sic
Subscribitur
,
Al.
Fraser
.
Lothian
,
I.
P.
D.
Thomas
Fraser
of
Gortulig
,
aged
Thirty
Years
,
Married
,
Purged
and
Sworn
,
Depones
,
That
about
the
beginning
of
October
,
Captain
Simon
Fraser
and
the
Deponent
coming
from
Inverness
,
and
the
Lord
Saltoun
and
the
Lord
Mungo
Murray
from
Castledounie
,
there
having
met
them
in
the
Wood
of
Moncreive
some
Armed
Men
,
when
they
were
met
together
,
they
did
make
up
Thirty
or
Fourty
Foot
,
beside
Horses
,
all
in
Arms
,
where
the
Lord
Saltoun
and
Lord
Mungo
being
Riding
peaceably
,
Captain
Simon
gave
Orders
to
his
Company
,
to
take
my
Lord
Saltoun
either
Dead
or
Alive
,
and
accordingly
came
up
closs
to
my
Lord
Saltoun
and
Lord
Mungo
,
and
assaulted
them
with
bended
Pistols
,
and
commanded
them
to
render
themselves
Prisoners
,
My
Lord
Saltoun
asking
for
what
cause
,
he
Answered
,
because
it
was
his
Pleasure
:
And
the
Deponent
did
see
Captain
Simon
,
and
his
Party
,
Dismounting
and
Disarming
the
Lord
Saltoun
and
Lord
Mungo
,
and
all
that
were
with
them
,
and
threatning
them
,
the
Foot
having
Guns
presented
and
Durks
drawn
,
and
the
Horsemens
Pistols
cocked
,
and
thereafter
they
were
set
on
Countrey
Horse
in
stead
of
their
own
,
with
Guards
in
Arms
surrounding
them
,
and
carried
them
in
that
Posture
to
Fanellan
,
where
they
were
made
closs
Prisoners
in
several
Rooms
,
and
Centinels
put
upon
the
Rooms
,
and
a
Guard
keeped
in
the
House
,
where
they
stay'd
four
or
five
Nights
.
Depones
,
That
immediatly
thereafter
,
he
heard
the
Firie
Cross
was
sent
through
the
Countrey
,
to
conveen
the
Men
,
and
accordingly
the
next
Night
,
there
conveened
at
Fanellan
about
three
or
four
hundred
Men
with
Guns
,
Swords
and
Pistols
,
and
Pipers
:
And
Depones
,
That
they
were
all
commanded
by
Captain
Simon
,
and
under
him
,
by
their
several
Under-Leaders
.
Depones
,
That
there
was
a
considerable
Party
sent
from
Fanellan
,
to
my
Lady
Lovats
House
at
Castledounie
,
and
that
Parties
were
from
time
to
time
relieved
,
and
that
there
were
Centinels
put
upon
several
Rooms
of
the
House
,
and
particularly
upon
my
Lady's
Chamber
,
and
that
he
saw
Captain
Simon
there
,
and
that
he
was
the
Person
that
gave
the
Orders
.
Depones
,
That
he
saw
the
Lord
Saltoun
and
Lord
Mungo
carried
prisoners
to
the
Isle
of
Egies
,
where
they
were
keeped
Prisoners
with
a
Guard
of
Fifty
or
Sixty
Men
in
Arms.
And
this
is
the
Truth
,
as
he
shall
Answer
to
GOD.
Sic
Subscribitur
T.
Fraser
.
Lothian
,
I.
P.
D.
William
Fraser
of
Kilbokie
,
Aged
Fourty
Years
,
Married
,
Purged
and
Sworn
,
Depones
,
That
in
October
last
,
the
Deponent
came
to
the
House
of
Fanellan
,
where
Captain
Simon
was
with
two
or
three
hundred
Men
all
Armed
,
who
had
conveened
there
upon
a
Firie
Cross
,
which
was
sent
by
Captain
Simon's
Order
through
the
Countrey
,
and
it
was
the
third
day
after
the
Lord
Saltoun
and
Lord
Mungo
were
taken
Prisoners
:
And
the
Deponent
saw
them
there
,
and
Guards
and
Centinels
upon
them
as
Prisoners
;
And
likeways
saw
a
Gallows
erected
over
against
the
Windows
of
their
Chambers
:
And
the
Deponent
having
asked
at
Captain
Simon
,
what
that
mean'd
,
he
Answered
,
That
it
was
to
terrifie
the
Lord
Saltoun
and
Lord
Mungo
.
Depones
,
That
he
was
present
when
the
saids
Lords
were
carried
Prisoners
from
Fanellan
to
the
Isle
of
Egies
,
where
they
were
detained
Prisoners
by
the
said
Captain
Simon's
Command
.
Depones
,
That
before
the
Deponent
went
first
to
Fanellan
,
he
was
at
Castledounie
my
Lady
Lovats
Dwelling
,
where
there
was
a
Party
of
upwards
of
three
or
fourscore
of
Armed
Men
,
and
saw
them
keeping
Guard
at
the
Gates
,
and
Captain
Simon
was
there
,
and
gave
them
Orders
as
Commander
.
Robert
Spence
in
Suddie
,
Aged
Twenty
Four
Years
,
Married
,
Purged
and
Sworn
,
Depones
,
That
Captain
Simon
Fraser
having
carried
my
Lady
Lovat
alongst
with
him
from
Kirkhill
,
and
having
heard
,
that
there
was
a
Party
of
Red-Coats
,
with
Lord
James
Murray
and
some
Gentlemen
,
coming
to
rescue
my
Lady
,
Captain
Simon
did
send
word
through
the
Countrey
,
to
raise
the
Firie
Cross
,
to
warn
the
Countrey
to
come
for
their
Defence
.
Depones
,
That
when
my
Lady
left
Captain
Simon
,
there
would
have
been
about
two
or
three
hundred
Men
in
Arms
with
him
.
And
this
is
the
Truth
,
as
he
shall
Answer
to
God.
Sic
Subscribitur
,
Robert
Spence
.
Ad.
Cockburn
,
I.
P.
D.
Mr.
George
Fraser
Sub-Principal
of
the
Colledge
of
Aberdeen
,
Purged
and
Sworn
,
Depones
,
That
when
my
Lord
Saltoun
,
Lord
Mungo
Murray
,
and
others
were
made
Prisoners
the
time
libelled
,
he
was
one
of
the
Company
,
and
that
Captain
Simon
commanded
the
Party
that
apprehended
them
,
which
consisted
or
Fourteen
Horse
and
Fifty
Foot
,
or
thereby
,
all
armed
with
Swords
,
Pistols
and
Guns
;
and
one
of
them
called
Hutcheon
Oig
came
up
with
a
bended
Pistol
on
my
Lord
Saltoun
,
and
desired
them
to
render
,
and
dismounted
them
,
and
put
them
on
little
Horses
,
and
carried
them
Prisoners
to
Fanellan
,
and
keeped
them
there
Prisoners
under
Guards
by
the
space
of
six
days
,
and
that
there
was
a
Gallows
put
up
,
and
there
was
a
Convocation
of
Men
in
Arms
,
sometimes
to
the
number
of
three
or
four
hundred
Men
in
Arms
,
with
Colours
displayed
and
Pipers
playing
.
And
this
is
the
Truth
,
as
he
shall
Answer
to
GOD.
Sic
Subscribitur
,
Geo.
Fraset
.
Lothian
,
I.
P.
D.
And
further
,
the
Detestable
and
Horrid
Violence
done
to
the
Lady
Dowager
by
Captain
Simon
Fraser
,
and
his
wicked
Complices
,
was
yet
more
particularly
and
distinctly
proven
by
Mr.
Leanord
Robertson
of
Straloch
,
and
three
Women
,
who
no
doubt
,
in
a
case
so
Circumstantiat
,
were
not
only
necessary
,
but
most
lawful
sufficient
Witnesses
.
But
because
this
Violence
was
acted
and
perpetrat
by
the
said
Captain
Simon
,
with
such
Cruelty
and
Barbarity
,
as
is
scarce
Credible
,
the
summ
of
the
Evidence
given
in
this
Matter
,
is
here
more
particularly
set
down
as
follows
.
Mr.
Leonard
Robertson
of
Straloch
,
Aged
44.
solutus
,
purged
and
Sworn
,
Depones
That
upon
the
sixteenth
of
October
last
,
being
Saturday
,
he
came
to
Inverness
,
and
was
there
informed
,
that
the
Lady
Dowager
of
Lovat
was
under
Restraint
at
Castledouni
,
whereupon
he
repaired
to
that
place
,
and
after
some
difficulty
made
,
got
Access
to
my
Lady
,
who
acquainted
him
with
the
Proposals
that
Captain
Simon
Fraser
had
made
to
her
;
and
intreated
the
Deponent
to
perswade
the
Lord
Saltoun
,
and
her
Brother
Lord
James
Murray
,
to
condescend
to
the
Terms
;
which
the
Deponent
undertook
:
And
having
returned
to
Inverness
,
prevailed
with
them
to
sign
the
Articles
,
for
her
own
,
and
Lord
Mungo's
Liberation
,
and
brought
them
back
to
Castledounie
on
Tuesday
,
to
get
my
Ladies
hand
to
them
.
Which
being
done
,
the
Deponent
expected
nothing
,
but
that
my
Lady
was
fully
at
liberty
.
But
when
he
was
conveying
her
to
her
Horse
,
they
were
both
stopped
at
my
Lady's
Chamber
Door
,
and
there
was
a
Chair
and
a
Centry
set
at
my
Lady's
Door
,
and
all
the
rest
of
the
Centries
doubled
;
and
the
Deponent
himself
,
after
some
time
,
was
put
under
a
Guard
of
Centinels
,
and
was
so
detained
under
Restraint
,
till
the
next
day
at
ten
of
the
Clock
;
That
complaining
to
Captain
Simon
,
the
Deponent
was
permitted
to
pay
a
Visit
to
my
Lady
,
whom
he
saw
in
a
very
disconsolat
Condition
,
and
softly
spoken
in
his
Ear
,
For
Christs
sake
take
me
out
of
this
place
either
dead
or
alive
,
and
that
he
observed
my
Ladies
Face
all
swollen
,
and
she
fell
in
a
Sownd
the
time
the
Deponent
was
with
her
;
and
the
Lady
suspecting
that
he
had
not
fully
heard
what
she
had
spoken
to
him
,
sent
her
Servant
Mrs.
Mackbryar
with
Commission
to
repeat
the
same
words
to
him
,
which
she
did
.
And
the
Deponent
thinks
Captain
Simon
had
at
least
Three
Hundred
Men
with
him
at
that
time
,
all
well
armed
,
in
,
and
about
the
House
of
Castledounie
,
and
that
he
heard
at
the
time
some
person
lamenting
,
and
the
Bag-pipe
played
about
the
same
time
,
but
knows
not
whether
it
was
to
drown
the
Voice
,
or
not
.
And
furder
depones
,
That
the
next
time
he
saw
my
Lady
,
was
,
That
the
Laird
of
Collodine
,
and
the
Deponent
came
to
the
Water
side
,
near
the
Isle
of
Aigis
;
and
Captain
Simon
having
come
over
to
them
by
Boat
,
the
Deponent
desired
to
see
my
Lady
,
which
he
shun'd
,
telling
him
,
That
my
Lady
did
not
desire
to
see
him
;
and
the
Deponent
replyed
,
That
it
was
not
done
like
a
Comerad
;
especially
seing
it
was
reported
at
Inverness
,
That
my
Lady
was
dead
,
or
near
expiring
.
Captain
Simon
answered
,
That
he
should
be
soon
cleared
of
the
contrary
;
and
returning
in
his
Boat
,
he
caused
bring
out
my
Lady
in
their
sight
:
But
so
weak
,
as
she
was
supported
by
two
,
and
then
carried
her
back
again
to
a
little
House
upon
that
Island
:
But
the
Deponent
having
asked
at
Mrs.
Mackbryar
from
the
other
side
of
the
Water
,
to
try
at
her
Lady
,
if
she
had
discharged
the
Deponent
to
see
her
;
she
went
accordingly
,
and
brought
back
word
,
That
she
desired
nothing
more
than
to
see
the
Deponent
,
except
her
own
Liberation
,
and
to
tell
her
Brother
Lord
James
,
that
she
was
some
better
,
and
lived
longer
than
she
desired
;
And
that
the
Deponent
saw
my
Lady
several
times
after
that
,
where
she
made
heavie
Complaints
of
the
bad
and
rude
usage
she
had
met
with
;
but
her
Guards
,
and
others
suspecting
the
Deponent
,
because
he
would
not
comply
anent
some
Papers
,
they
were
drawing
up
for
their
own
pretended
Security
,
he
had
not
that
free
converse
which
he
had
formerly
;
and
that
this
was
the
third
or
fourth
Night
after
the
Charge
given
them
by
the
Herauld
,
to
dissipat
and
lay
down
their
Arms
,
and
set
my
Lady
at
liberty
.
And
at
the
time
when
my
Lady
parted
with
them
,
and
went
away
with
my
Lord
Forbes
,
the
Deponent
saw
about
two
hundred
Men
in
Arms
with
Captain
Simon
Fraser
.
Sic
Subscribitur
Leonard
Robertson
.
Amilie
Rioch
,
late
Servitrix
to
Lady
Lovat
,
aged
16
years
,
sworn
and
purged
,
depones
,
That
about
the
time
libelled
,
she
being
a
Servant
to
my
Lady
,
Captain
Simon
Fraser
,
with
several
Armed
Men
,
came
to
Castledounie
,
and
set
Centinels
on
my
Lady's
Chamber
without
,
and
within
the
Doors
,
with
drawn
Swords
;
That
Captain
Simons
Men
carried
by
force
my
Lady's
waiting
Maids
,
Mrs.
Mackbryar
,
Mrs.
Janet
Fraser
,
and
the
Deponent
out
of
her
Room
,
and
made
them
Prisoners
in
another
Room
,
That
about
two
of
the
Clock
in
the
Morning
,
two
armed
Men
came
,
and
carried
the
Deponent
back
to
the
Lady's
Chamber
,
where
she
did
see
the
Lady
sitting
on
the
Ground
,
her
Hair
hanging
down
about
her
Head
,
leaning
backward
upon
the
Bed-stock
;
That
one
Donald
Beaton
was
pulling
off
my
Lady's
Shoes
,
and
Captain
Simon
was
holding
Aquavitae
and
burnt
Feathers
to
her
Nose
,
because
she
was
then
in
a
swarf
;
that
thereafter
they
commanding
the
Deponent
to
take
off
my
Lady's
Shoes
,
and
when
she
offered
so
to
do
,
my
Lady
spurned
her
away
with
her
feet
,
shewing
her
unwillingness
;
That
the
Deponent
refusing
to
take
off
her
Cloaths
,
Captain
Simon
ordered
to
beat
her
;
that
Fraser
of
Kinmonavie
did
then
hold
up
the
Lady
in
his
Arms
,
and
Captain
Simon
pulled
off
her
Petticoats
,
and
sought
a
Knife
from
Hugh
Monro
to
cut
her
Stays
;
and
because
he
had
none
,
the
Captain
ordered
Fraser
of
Kinmonavie
to
cutt
her
Stays
with
his
Durk
;
and
then
they
threw
the
Lady
upon
the
Bed
:
But
the
Deponent
saying
that
she
would
take
off
the
Lady's
Stays
,
they
went
a
little
out
of
the
Room
,
in
which
time
the
Deponent
did
again
fasten
the
Stays
;
but
they
returning
,
were
displeased
,
that
the
Stays
were
not
take
off
,
and
commanded
to
put
the
Deponent
out
of
the
Room
;
and
then
they
turned
the
Lady
upon
her
Face
,
and
stretched
out
her
Arms
,
and
so
took
off
her
Stays
,
which
the
Deponent
did
see
,
because
she
went
not
out
of
the
Room
,
but
stood
at
the
foot
of
the
Bed.
And
when
the
Deponent
was
going
away
,
she
heard
my
Lady
cry
,
but
the
Bag-pipe
did
play
all
the
time
in
the
next
Room
to
my
Lady's
Chamber
,
that
her
Cries
might
not
be
heard
.
Depones
,
That
next
Morning
she
went
in
to
the
Lady's
Chamber
,
and
see
her
head
hang
over
the
Bed
,
and
nothing
upon
it
,
except
a
Handkerchief
;
the
Deponent
did
see
all
the
Lady's
Face
swollen
,
and
she
spoke
nothing
,
but
gave
her
a
broad
look
.
And
the
Deponent
thought
that
my
Lady
was
not
sensible
for
a
day
or
two
thereafter
;
for
she
did
not
know
Lord
Mungo
her
Brother
the
next
Morning
,
when
he
came
to
see
her
,
and
when
her
Servant
told
her
,
here
is
your
Brother
at
the
Bed
side
,
the
Lady
asked
,
what
Brother
,
albeit
she
was
looking
him
in
the
Face
with
fair
Day-light
.
Depones
,
That
when
she
and
the
other
Servants
were
carried
by
force
the
first
Night
,
out
of
my
Lady's
Chamber
;
the
Lady
stood
up
,
and
held
out
her
Arms
,
and
cryed
:
And
when
Dumballocks
Lady
came
the
next
Morning
to
the
Room
,
and
called
her
Madam
;
my
Lady
answered
.
Call
me
not
Madam
,
but
the
most
miserable
wretch
alive
.
Depones
,
That
she
see
my
Lady
carried
prisoner
from
Castledounie
to
the
Isle
of
Aigis
at
twelve
of
the
Clock
at
Night
,
and
from
that
to
Culgrain
,
and
from
that
to
Deanie
,
and
then
to
the
Isle
of
Matlie
.
The
Reason
of
her
Knowledge
,
because
she
went
along
with
her
.
This
Deposition
was
the
more
credited
,
That
the
Maid
,
tho
young
,
not
above
sixteen
years
,
did
nevertheless
,
in
the
presence
of
the
Court
,
and
Hundreds
attending
it
,
depone
with
a
firmness
and
constancy
,
particulary
observed
by
all
that
heard
her
,
and
her
foresaid
Deposition
was
immediatly
confirmed
by
Janet
Fraser
,
Daughter
to
Dumballoch
,
who
agreed
in
her
Deposition
with
Amilie
Reoch
,
as
to
the
Violence
put
upon
the
Lady
,
and
her
being
carried
forcibly
from
her
,
and
as
to
the
sad
and
afflicted
Condition
,
wherein
she
see
her
the
next
day
.
Janet
Fraser
,
Daughter
to
Dumballoch
,
aged
16
years
,
unmarried
,
sworn
and
purged
,
depones
,
That
at
the
time
libelled
,
Captain
Simon
Fraser
,
and
several
armed
Men
,
came
to
the
House
of
Castledounie
;
and
thereafter
there
being
Guards
and
Centries
set
on
my
Lady's
Chamber-door
,
the
Deponent
and
Mrs.
Mackbryar
being
my
Lady
Lovats
Servants
,
were
about
Twelve
of
the
Clock
at
Night
,
carried
by
force
out
of
my
Lady's
Chamber
,
and
my
Lady
taking
hold
of
the
Deponents
Cloaths
,
and
crying
out
when
the
Deponent
was
pulled
away
by
Force
,
my
Lady
fell
on
her
Face
.
Depones
,
That
next
Morning
the
Deponent
came
to
my
Lady's
Chamber
,
about
Eight
a
Clock
in
the
Morning
,
and
did
see
my
Lady's
Head
hanging
over
the
Bed-Stock
,
and
see
her
Face
swollen
.
And
the
Deponent
enquiring
anent
my
Lady's
Health
,
my
Lady
answered
,
I
am
Dead
.
And
about
Twelve
a
Clock
that
day
,
my
Lady
appeared
altogether
unsensible
,
and
did
take
the
Deponent
for
Lady
Catharine
my
Lady's
Sister
,
who
had
died
several
Years
before
,
and
about
Four
a
Clock
the
same
Afternoon
,
my
Lady
did
not
know
her
Brother
my
Lord
Mungo
,
and
could
not
speak
to
him
.
Depones
,
that
about
Two
a
Clock
the
same
day
,
my
Lady
fell
in
a
Swerf
and
continued
out
and
in
the
Swerf
about
two
Hours
.
And
this
is
the
Truth
,
as
she
shall
answer
to
God.
And
Depones
she
cannot
Write
.
Likeas
Christian
Macklain
,
late
Servitrix
to
James
Fraser
of
Relict
,
did
likewise
in
her
Deposition
agree
with
them
.
Christian
Macklain
,
late
Servitrix
to
James
Fraser
of
Relict
,
Aged
24
Years
,
un-married
,
Purged
,
and
Sworn
,
and
Interrogat
by
the
Aberuchil
,
and
Mr.
Thomas
Fraser
Sworn
Interpreter
,
in
respect
she
cannot
Speak
the
English
Language
,
Depones
,
That
the
time
Lybelled
,
particularly
that
Night
that
they
talk
of
the
pretended
sham
Marriage
,
she
being
a
Servant
in
the
Family
,
had
the
Charge
of
a
young
Child
,
being
in
the
next
Room
to
my
Lady's
,
and
the
Door
of
my
Lady's
Room
,
and
the
Room
where
the
Deponent
was
being
open
,
and
the
Doors
Guarded
by
Armed
Men
,
she
heard
my
Lady
Moan
and
Lament:
In
the
mean
there
were
Bag-pipes
playing
,
and
yet
she
heard
my
Ladies
Voice
so
loud
,
that
the
Sound
of
the
Bag-pipe
did
not
drown
her
Voice
.
Depones
,
That
she
saw
Kinmonavie
drawing
a
Durk
from
one
of
the
Centries
that
was
at
the
Room
where
the
Deponent
was
,
and
rush
into
the
Room
where
the
Lady
was
with
it
.
Depones
,
That
the
Deponent
was
Guarded
so
strictly
,
that
she
could
get
neither
Meat
nor
Drink
for
her self
nor
the
Child
,
nor
none
allowed
to
come
near
her
from
Twelve
a
Clock
of
the
Day
,
to
Eight
a
Clock
next
Morning
.
Depones
,
she
saw
Captain
Simon
Fraser
there
,
with
the
most
part
of
the
other
Persons
insisted
against
,
all
in
Arms
,
and
saw
a
great
many
moe
People
in
Arms
,
in
and
about
the
House
.
Further
Depones
,
That
before
the
Pipes
were
bended
up
,
she
heard
my
Lady
crying
and
clap
her
hands
,
saying
,
Is
there
no
Person
that
hath
any
Christian
Blood
in
them
,
who
will
have
no
respect
to
my
Woes
,
and
repeated
very
often
,
Lord
have
Mercy
on
her
Soul.
This
is
the
Truth
,
as
she
shall
Answer
to
GOD.
And
Depones
she
cannot
Write
.
Sic
Subscribitur
,
Thomas
Fraser
.
All
which
Depositions
,
as
to
the
Centries
set
within
,
and
without
the
Lady's
Chamber
,
and
the
Violence
then
done
her
,
and
the
playing
of
the
Bag-Pipe
to
suppress
her
Cryes
,
and
the
carrying
of
her
Captive
from
Place
,
to
Place
,
were
further
confirmed
by
what
the
foresaid
Men
Witnesses
did
Declare
in
their
several
Depositions
as
to
these
Points
.
His
Majesty's
Advocat
did
also
produce
,
and
lay
before
the
Assise
,
the
principal
Letters
mentioned
in
the
first
Libel
,
Write
by
Beaufort
Elder
and
Younger
and
their
Complices
,
for
Declaring
their
wicked
Conspiracy
and
Combination
,
and
which
Letter
was
also
Attested
by
several
of
the
Witnesses
.
From
all
which
it
is
most
manifest
,
That
the
Defenders
their
Treasonable
Rising
in
Arms
and
open
Rebellion
against
his
Majesty
,
and
the
Aggravations
above-libelled
,
were
fully
and
clearly
Proven
:
And
accordingly
the
Assise
did
return
their
Verdict
,
bearing
,
That
they
all
in
one
Voice
did
find
the
Libel
,
with
the
Aggravations
thereof
,
as
the
same
was
restricted
by
the
Interlocutor
of
the
Lords
,
clearly
proven
against
the
said
Captain
Simon
Fraser
,
and
the
other
Persons
insisted
against
in
absence
,
as
said
is
.
After
opening
and
reading
of
which
Verdict
of
Assise
,
the
Lords
Justice
General
,
Justice
Clerk
,
and
Commissioners
of
Justiciary
,
in
respect
thereof
,
Decerned
and
Adjudged
the
said
Captain
Simon
Fraser
,
and
the
whole
Persons
contained
in
the
above-written
Verdict
,
to
be
Execute
to
the
Death
,
Demeaned
as
Traitors
,
and
to
undergo
the
Pains
of
Treason
,
and
utter
Punishment
,
appointed
by
the
Laws
of
the
Realm
,
at
such
Times
and
Places
,
and
in
such
Manner
,
as
the
saids
Lords
should
appoint
:
And
ordain
their
Name
,
Fame
,
Memory
and
Honours
to
be
extinct
,
and
their
Arms
to
be
riven
forth
,
and
delete
out
of
the
Books
of
Arms
;
so
that
their
Posterity
may
never
have
Place
,
nor
be
able
hereafter
to
Bruik
or
Joice
any
Honours
,
Offices
,
Titles
,
or
Dignities
,
within
the
Realm
in
time
coming
:
And
to
have
Forfeited
,
Amitted
,
and
Tint
,
all
and
sundry
their
Lands
,
Heretages
,
Tacks
,
Steedings
,
Rooms
,
Possessions
,
Goods
and
Gear
whatsoever
pertaining
to
them
,
to
our
Sovereign
Lord
,
to
remain
perpetually
with
his
Majesty
in
Property
.
And
this
Sentence
was
by
Sound
of
Trumpet
,
and
all
other
Solemnities
,
given
for
Doom
.
For
Conclusion
then
of
this
Account
,
it
remains
only
to
be
remarked
.
First
,
That
both
the
Lybels
are
so
evidently
relevant
,
and
the
Probation
so
full
and
clear
,
that
there
cannot
remain
the
least
Scruple
or
Doubt
,
as
to
the
orderly
Procedure
,
and
just
Issue
of
this
Tryal
.
It
may
possibly
occur
,
that
all
the
foresaid
Convocations
,
Meetings
and
Actings
in
Arms
,
were
only
upon
the
Occasion
of
a
pretended
privat
Quarrel
,
and
not
designed
against
His
Majesty
and
his
Government
.
And
further
,
that
the
foresaids
Persons
found
guilty
,
did
several
times
openly
declare
,
That
from
all
their
Bonds
and
Engagements
to
maintain
and
stand
by
one
another
,
the
King
was
expresly
excepted
.
But
to
this
it
may
be
Answered
,
that
the
Duty
and
Crimes
of
Subjects
are
to
be
measured
and
judged
by
Deeds
,
and
not
by
Words
.
That
the
Words
of
the
Law
are
most
express
,
And
it
shall
be
high
Treason
to
the
Subjects
of
this
Kingdom
,
or
any
Number
of
them
,
more
or
less
,
upon
any
Ground
or
Pretext
whatsoever
,
to
rise
and
continue
in
Arms
,
to
maintain
Forts
or
Garisons
,
to
make
Peace
or
War
,
to
make
Treaties
and
Leagues
with
Foreigners
,
or
amongst
themselves
,
without
his
Majesty's
special
Authority
and
Approbation
first
interponed
thereto
.
That
there
is
nothing
more
easy
and
ordinary
for
Men
,
than
to
colour
their
Treasonable
Rising
in
Arms
,
with
specious
Pretences
and
Excuses
.
And
Lastly
,
That
it
is
most
certain
,
That
as
the
foresaid
Criminals
,
and
their
Complices
,
did
disobey
and
contemn
His
Majesty's
Authority
,
charging
them
to
lay
down
their
Arms
under
the
Pain
of
Rebellion
,
so
had
they
been
able
to
have
opposed
and
overthrown
the
whole
Forces
and
Strength
of
the
Government
,
they
had
certainly
done
it
,
in
the
Prosecution
of
their
Wicked
Designs
.
It
may
likewise
appear
strange
to
some
,
to
hear
and
see
so
many
Forefeited
upon
this
Occasion
.
But
these
Persons
ought
first
to
consider
,
that
the
Persons
found
guilty
,
were
the
Chief
Ring-leaders
in
all
the
Steps
of
the
foresaid
Rebellion
,
and
Barbarous
Outrages
,
and
who
forced
others
to
take
Arms.
As
also
they
ought
to
reflect
,
that
several
Hundreds
whom
the
Law
reaches
,
are
nevertheless
past
by
and
over-look'd
,
and
the
foresaid
Persons
only
insisted
against
,
as
necessary
Examples
to
restrain
such
Lawless
and
Pernicious
Practices
;
And
that
tho
the
foresaid
twenty
Persons
be
condemned
,
for
the
Indispensible
Maintaining
of
His
Majesty's
just
Authority
,
and
Repressing
and
Curbing
the
Madness
of
such
Heady
Desperat
Traitors
:
Yet
the
Estate
and
interest
of
all
of
them
taken
complexly
,
are
not
worth
Fifty
Pound
Sterling
by
Year
;
nor
are
they
in
the
least
valuable
as
to
the
Peace
of
the
Kingdom
,
it
being
known
,
that
the
greatest
part
of
them
were
Thieves
and
Murderers
,
and
so
glad
of
any
pretence
to
continue
their
Lawless
Practices
,
and
keep
themselves
out
of
the
Hands
of
Justice
.
Some
few
Moneths
after
the
foresaid
Tryal
,
the
saids
Hugh
Fraser
alias
Hutcheon
Oig
,
and
John
Fraser
younger
of
Migavie
,
two
of
the
Convict
Persons
above-named
,
being
apprehended
in
the
North
,
were
sent
Prisoners
,
under
a
Guard
of
his
Majesty's
Forces
,
to
the
Tolbooth
of
Edinburgh
:
And
being
called
upon
the
11th
of
April
last
before
the
Lords
of
Justiciary
,
and
Interrogat
,
if
they
did
bear
the
Names
and
Designations
above-written
,
and
if
they
knew
any
others
of
these
names
and
Designations
,
they
acknowledged
their
Names
to
be
as
above
,
viz.
Hugh
Fraser
,
alias
Hutcheon
Oig
,
and
John
Fraser
younger
of
Migavie
,
and
that
they
knew
of
no
other
Persons
of
their
Names
and
Designations
,
which
judicial
Acknowledgment
they
Signed
.
The
said
Hugh
Fraser
,
alias
Hutcheon
Oig
,
and
the
said
John
Fraser
younger
of
Migavie
,
by
the
former
Sentence
,
being
ordained
to
undergo
the
Pains
of
Treason
,
appointed
by
the
Laws
of
this
Kingdom
,
at
such
Times
,
Places
,
and
in
such
Manner
,
as
the
Lords
of
Justiciary
should
appoint
,
in
respect
they
were
then
absent
:
And
they
being
now
brought
before
the
Lords
,
to
hear
the
time
,
Place
,
and
Manner
of
the
Execution
appointed
,
the
Lords
of
Justiciary
Decerned
and
adjudged
the
said
Hugh
and
John
Frasers
to
be
taken
to
the
Cross
of
Edinburgh
,
upon
the
fourth
of
August
thereafter
,
betwixt
two
and
four
a
Clock
in
the
Afternoon
,
and
there
to
have
their
Heads
severed
from
their
Bodies
.
It
being
certain
,
that
there
is
a
Remission
under
his
Majesty's
Royal
Hand
,
which
is
appointed
to
pass
the
great
Seal
per
Saltum
:
It
is
thought
necesary
to
publish
some
Paragraphs
of
two
of
his
Letters
,
containing
dangerous
Insinuations
against
his
Majesty
,
and
most
Villainous
Expressions
concerning
the
late
Queen
of
Blessed
Memory
,
for
satisfying
all
his
Majesty's
loving
Subjects
,
how
unworthy
the
said
Captain
Fraser
is
of
his
Majesty's
Pardon
;
The
true
Copy
of
the
saids
Paragraphs
,
whereof
the
Principals
are
ready
to
be
produced
,
is
hereto
subjoined
.
Beaufort
12
January
1695.
Tell
Sir
Robert
,
That
I
hope
he
'll
pledge
me
a
Bumper
that
I
am
drinking
to
Q.
M.
Dredgie
.
Sic
subscribitur
,
Sim.
Frazer
.
Direct
to
Thomas
Frazer
.
A
Paragraph
of
another
Letter
.
Beaufort
12
January
1695.
I
doubt
not
you
will
be
in
mourning
for
Queen
Mary
,
but
I
am
resolved
to
buy
none
till
K.
W.
die
,
which
perhaps
may
serve
for
the
next
Summer
Sure
;
and
I
hope
you
will
give
me
a
Hat
and
Gloves
for
it
.
Sic
subscribitur
,
Simon
Frazer
.