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<DATE>2010-12-03</DATE>
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<NAME>Simon Charles</NAME>
<RESP>MURP</RESP>
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<VID>188134</VID>
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<PB N="1" REF="1">
<HEAD>A &s;hort Account of the Proce&s;s and Trial at the In|&s;tance of His Maje&s;ty's Advocat, by &s;pecial Order of His Maje&s;ty's Privy Council, again&s;t <HI>Thomas Fra|zer</HI> of <HI>Beaufort,</HI> and Captain
<HI>Simeon. Frazer</HI> his Son, and their Complices, for the Crimes of Trea&s;on, and other Crimes contained in their Inditement.</HEAD>
<P>LOrd <HI>Lovat</HI> having decea&s;ed in the year 1696, leaving four Daughters under age, in the keeping and cu&s;tody of their Mother; and the Right of Succe&s;|&s;ion, according to the Tenor of the Lord <HI>Lovat</HI>'s Infeftments, as well as by his own expre&s;s Deeds, divolving upon the elde&s;t Daughter: Neverthele&s;s <HI>Thomas Fra&s;er</HI> of <HI>Beaufort,</HI> and Captain <HI>Simeon Fra&s;er</HI> his Son, pretending, That they were the apparent Heirs Male of the Family, and alledging (without any ground) that the Right of Succe&s;&s;ion of the E&s;tate of <HI>Lovat</HI> &s;hould only appertain to them; endeavour to Po&s;&s;e&s;s tho&s;e of the Name, and the Va&s;&s;als and dependers on the Fa|mily, (who make a numerous Clan in the
<HI>Highland</HI> parts) That the young La|dy the Heire&s;s was to be di&s;po&s;ed upon by her Mother and Friends, to a Stran|ger, and that thereby their <HI>Clan</HI> and <HI>Chiftainrie</HI> (Names of great Value, with that &s;ort of people) were to be broken, and they brought under Subjection to a Foreign Lord and Ma&s;ter.</P>
<P>Whereupon the &s;aid <HI>Thomas Fra&s;er,</HI> with his Son
<HI>Simeon Fra&s;er,</HI> (tho Per&s;ons of no E&s;tate, and who for a long time had lived precariou&s;ly by the allowance and tollerance of the Lord
<HI>Lovat,</HI> upon a piece of Land of his called <HI>Beaufort</HI>) do enter into a Combination and Con&s;piracy with tho&s;e of the Name of
<HI>Fa&s;er,</HI> whom they could induce to follow them; and fir&s;t, holding &s;ecret Councils, and &s;igning Bonds and Leagues among&s;t them&s;elves, and then making open Con|vocations and Rendevouzes in Arms, they re&s;olve about the Month of <HI>Septem|ber,</HI> 1697, to invade and po&s;&s;e&s;s the E&s;tate and Lord&s;hip of <HI>Lovat</HI> (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 ano|ther, they break out into a trea&s;onable ri&s;ing in Arms, and open and manife&s;t Rebellion again&s;t his Maje&s;ty. And that attended with the Aggravations of &s;uch in&s;olent and horrid Crimes, as have &s;carce been heard of in any Civil Nation or Kingdom.</P>
<P>But becau&s;e the exact account of the&s;e their Crimes and Trea&s;ons, as al&s;o of the Method taken by the Lords of his Maje&s;ty's Privy Council to reduce them to a better Mind, and prevent the fore&s;aid Extreamities, will be&s;t appear from the two libels or Inditements, which upon t<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter"> occa&s;ion are rai&s;ed again&s;t them; the ju&s;t and full doubles thereof were and are as follows.</P>
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<DIV1 TYPE="indictment">
<HEAD>The ju&s;t double of the fir&s;t Libel or Inditement exhibit and in&s;i&s;ted upon, by his Maje|&s;ty's Advocat, before the Lords of her Maje&s;ties Ju&s;ticiary at <HI>Edinburgh,</HI> the 5th. day of
<HI>September</HI> 1698, Again&s;t <HI>Thomas Fra&s;er</HI> of
<HI>Beaufort,</HI> and Captain <HI>Simon Fra&s;er</HI> his Son, and their Accomplices afternamed.</HEAD>
<P>THat where, by the Laws of this, and all other well governed Nations, the Crimes of Trea&s;on and Rebellion; As likewi&s;e of unlawful Leagues and Combinations, and the convocating and conveening of Subjects in Arms, without the warrand of Authority, and the ocupying, po&s;&s;e&s;&s;ing, &s;tuffing, and fortifying of Hou&s;es and Forts, with armed Men, and other Provi&s;ions: As al&s;o, the way-laying, Sei&s;ing, Apprehending, and making free Subjects Pri&s;oners, and detaining them <HI>in privato carcere,</HI> or in Bondage and Captivity, and treating them with In&s;olence and Cruelty: As likewi&s;e, the ravi&s;hing or offering to Ravi&s;h Women by Force and Violence, and without Re&s;pect to the Quality or Conditi|on of the Per&s;ons injured, or even to common Humanity; and the per&s;i&s;ting in the &s;aid Violence, Rapt, and Ravi&s;hing, by carrying the Ravi&s;hed about from Place to Place, at the plea&s;ure of the Ravi&s;her, are puni&s;hable with Confi&s;cation of Life, Lands, and Goods. Likeas, by the Act of Parliament King
<HI>James</HI> 1&s;t. Par. 1&s;t. Cap. 3d. It is &s;tatute, That no man openly Rebel again&s;t us, under the pain of Forfeiture of Life and Goods. And by the Act of Parliament <HI>James</HI> the 2d. <HI>Parl.</HI> 6. <HI>Cap.</HI> 24. It is &s;tatute, That who commits Trea&s;on again&s;t Our Per&s;on and Maje&s;ty, ri&s;es in feir of War again&s;t Us, Re&s;ets and &s;upplies &s;uch as have commit|ted Trea&s;on, or &s;tuffs their Hou&s;es, and holds them again&s;t us, or &s;tuffs Hou&s;es of their own, in furtherance of Rebels, &s;hall be puni&s;hed as Traitors. And by the Act of Parliament Queen <HI>Mary, Par.</HI>
9. <HI>Cap.</HI> 75. It is &s;tatute, That none attempt to do, or ri&s;e any Bands of Men of War, on Hor&s;e or Foot, with Culverings, Pi|&s;tols, Picks, Spears, or other Munition bellical, without &s;pecial Licen&s;e in writ of our Sovereign Lady, and her Succe&s;&s;ors, under the pain of Death, to be execute upon the rai&s;ers of the &s;aid Bands. As al&s;o upon them that rai&s;es and conveens in the Bands. And by the Act, <HI>James</HI> 6th <HI>Parl.</HI> 8th.
<HI>Cap.</HI> 131. It is &s;tatute, That none of our Subjects pre&s;ume to convocat, conveen, or a&s;&s;emble, for holding of Councils to treat, con&s;ult, or determin in any matter of State, Civil or Ec|cle&s;ia&s;tick, except in the ordinary Judgement, without our &s;pecial Command, or expre&s;s Licence, under the pain made again&s;t &s;uch as unlawfully convocats our Leidges. And by another Act <HI>James</HI> 6th. <HI>Parl.</HI> 10th.
<HI>Chap.</HI> 12. It is &s;tatute, That no Leagues or Bands be made again&s;t our Subjects, of any Degree, without Privity and con&s;ent, under the pain to be holden and execute as movers of Sedi|tion, to the breach of the peace: Which two la&s;t Act are ratified by <HI>Charles</HI> 2d. <HI>Parl.</HI> 1&s;t.
<HI>Cap.</HI> 4th. And by the Act <HI>Charles</HI> 2d. <HI>Par.</HI> 1.
<HI>Chp.</HI> 5th. It is declared, That it is, and &s;hall be high Trea&s;on to the Subjects of this Kingdom. or any number of them, more or le&s;s, upon any Ground or pretext what&s;oever, to ri&s;e and continue in Arms, to maintain any Forts, Strength, or Gari&s;ons, or to make any Treaties or leagues with Forreigners, or among&s;t them&s;elves, without our &s;pecial Authority and Approbation, fir&s;t had, and obtained thereto. And by the Act <HI>Charles</HI>
2d. <HI>Par.</HI> 1&s;t. <HI>Se&s;&s;ion</HI> 2d. <HI>cap.</HI> 2d. It is &s;tatute and declared, That to plot, contrive, or intend to levie War, or to take up Arms again&s;t us, or any commi&s;&s;ionat by us, is puni&s;hable as high Trea&s;on. Likeas, by the Act <HI>Charles</HI> 2d. <HI>parl,</HI> 2d.
<HI>Cap.</HI> 11th. It is &s;tatute, That in time coming, in all ca&s;es of Trea&s;on|able ri&s;ing in Arms, and open, and manife&s;t Rebellion again&s;t us and our Au|thority, our Advocat for the time, may and ought to in&s;i&s;t again&s;t, and pro&s;e|cute<PB N="3" REF="2">&s;uch per&s;ons as he &s;hall be ordered by us, or our privy Council to Pur&s;ue: And if they be Cited and do not compear, the Judges (notwith&s;tanding of their ab&s;ence) may and ought to proceed to con&s;ider, and give Interlocutor upon the Libel; and if it be found Relevant, admit the &s;ame to the knowledge of an A&s;&s;i&s;e, and upon their Verdict, find the &s;ame to be proven, The Doom and Sen|tence of Forfeiture ought to proceed, and be given in the &s;ame manner, as if the per&s;ons accu&s;ed had compeared, and were pre&s;ent. Which rai&s;ing Convocatting and Conveening in Arms without or again&s;t our Authority, which the other Crimes fore&s;aid are highly aggravated, and the Trea&s;on and Rebellion yet more open and manife&s;t, while the per&s;ons guilty pre&s;ume to per&s;i&s;t and continue there|in, after having been charged in our Name, by our Officers, or by a Herauld thereto Waranted, to lay down their Arms, and render their per&s;ons to bide the Law; under the pain of Rebellion. As al&s;o, by the 34th Act Parliament 1&s;t. Se&s;&s;. 1&s;t. <HI>Ch.</HI> 2d. It is &s;tatute, That the celebrater of Clande&s;tine Marriages be bani&s;hed the Kingdom, never to return under the pain of Death. <HI>NEVER|THELEES,</HI> It is of verity, That Captain <HI>Simon Fra&s;er,</HI> Elde&s;t lawful Son to <HI>Thomas Fra&s;er</HI> of <HI>Beaufort, William Fra&s;er</HI> of <HI>Foger, Hugh Fra&s;er</HI> in <HI>K<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">nmonavie, William Fra&s;er</HI> in <HI>Dulleraig, William Fra&s;er</HI> of <HI>Erechit, Alexander Fra&s;er</HI> of <HI>Kil|duthill</HI> younger, <HI>Hugh Fra&s;er,</HI> alias <HI>Hui&s;ton Oig</HI> in <HI>Leadclune, Alexander Fra&s;er</HI> in <HI>Ruthven, Jhon Fra&s;er</HI> his Brother, <HI>Alexander Fra&s;er</HI> Son to <HI>Farratin, Alexander Fra&s;or</HI> Son to <HI>Meggivie, Tais Fra&s;er</HI> Brother to <HI>Litlegarth, Thomas Hui&s;ton</HI> Son to the Mini&s;ter of <HI>Stratherick, Aeneas Macbaine</HI> Brother to <HI>Drummond Macbaine, Hugh Fra&s;er</HI> Son to <HI>Struie, Hugh Fra&s;er</HI> younger of
<HI>Boch rubine, John Fra&s;er</HI> Bro|ther to Old <HI>Kilduthill,</HI> Major
<HI>Thomas Fra&s;er</HI> Elder of <HI>Struie, Hugeh Fra&s;er</HI> Brother to
<HI>Srechits,</HI> and <HI>John Fra&s;er</HI> younger of <HI>Meggive,</HI> 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 &s;o far as, The &s;aid Captain <HI>Simon Fra&s;er</HI> having on one or other of the days of the Month of <HI>September</HI> la&s;t &s;ent to the fore&s;aids per&s;ons to come and meet him at <HI>Moniack,</HI> a Hou&s;e belonging to &leftblank;
<HI>Fra&s;er</HI> of <HI>Strichen,</HI> they agreed and came to the fore&s;aid Hou&s;e, belonging to <HI>Strichen,</HI> and there then being &s;everal other Gentlemen of the Name of <HI>ra&s;er</HI> and others; They unlawfully leagued and combined together for to ri&s;e in Arms and pro&s;ecute their mi&s;chievous Practices. Likeas, for their better effectuating thereof, Intimation having been made by one or other of the Per&s;ons above-mentioned to the Men of
<HI>Stratherick,</HI> (which is a part of the Lord <HI>Lovats</HI> E&s;tate and Intere&s;t,) They within three or four days after the meeting at
<HI>Strichens</HI> Hou&s;e, did rendezvous about two hundred Men in Arms at
<HI>E&s;seck.</HI> And when the Men of <HI>Stratherick,</HI> did come to the &s;aid Rendezvous at <HI>E&s;&s;eck,</HI> about two hundred Men in Arms, as &s;aid is, the &s;aid <HI>Thomas</HI> and <HI>Simon Fra&s;ers</HI> of
<HI>Beaufort,</HI> and the other Per&s;ons above-complained upon, did encourage the&s;e Men, unlaufully conveened in Arms, as &s;aid is, by &s;wearing, and cau&s;ing them &s;wear to join and concur for maintaining the &s;aids
<HI>Thomas</HI> and <HI>Simon Fra&s;er</HI>'s Pretences to the E&s;tate of
<HI>Lovat,</HI> again&s;t all Oppo&s;ers. Likeas after the Rendezvous, the &s;aid <HI>Thomas and Simon Fra&s;ers,</HI> and others above complain'd upon, that had been at the Rendezvous, went into a Change-Hou&s;e near by, and there contriv'd and drew up the Letter &s;ub|&s;cribed by them, directed to the Lord
<HI>Fra&s;er:</HI> And of which Letter a Copy is hereto &s;ubjoyn'd (the principle being put in the Clerk of Ju&s;ticiaries hands) and doth manife&s;tly contain an unlawful League and Combination, for mutual Adhe|rance in their wicked De&s;igns, which League and Combination is the rather ag|gravated than paliated by any exeception therein of the King and Government, as
<PB N="4" REF="3">being <HI>prote&s;tatio contrario facto.</HI> Likeas, the &s;aid Letter of A&s;&s;ociation doth al&s;o contain bold and wicked Threatnings again&s;t the Lord <HI>Saltoun,</HI> and fal&s;e and un|due Reflections and In&s;inuations again&s;t the Marque&s;s of <HI>Athol</HI> and his Family. And this Letter being framed, and agreed to as &s;aid is, to be &s;ent to the Lord <HI>Fra&s;er,</HI> after his parting from the Banders and Leaguers, doth further declared their pur|po&s;e to continue in the &s;aid unlawful A&s;&s;ociation, and to have the &s;ame recorded <HI>ad futuram rei memoriam.</HI> And the Letter was accordingly &s;ent to the Lord
<HI>Fra|&s;er,</HI> to his Hou&s;e of &leftblank; The Lord <HI>Saltoun</HI> having gone North the next day, to vi&s;it the Lady <HI>Dowager</HI> of
<HI>Lovat</HI> at her Hou&s;e of <HI>Ca&s;tledounie,</HI> after he had &s;tay'd there a few days, and as he was returning homeward with the Lord <HI>Mungo Murray,</HI> Son to the Marque&s;s of <HI>Athol,</HI> and &s;ome other Gentlemen, by the way pa&s;|&s;ing throw the Wood of <HI>Bonchrew,</HI> about four Miles from <HI>Ca&s;tledounie,</HI> the &s;aid Lord <HI>Saltoun,</HI> Lord
<HI>Mungo Murray,</HI> and their Company, were upon the &s;ixth, or one or other of the days of <HI>October</HI> la&s;t, &s;urpri&s;ed by the &s;aid Captain <HI>Simon Fra&s;er</HI> and his Father, who having convocat a great many Men in Arms, above four&s;core, or a hundred, did place them&s;elves in ambu&s;h, for way-laying and &s;ei&s;ing the &s;aid Lord <HI>Saltoun,</HI> Lord
<HI>Mungo Murray,</HI> and their Company. Whom they according|ly s;ei&s;ed with great Violence and Barbarity, Di&s;arming, Di&s;mounting, throwing them down, and Beating them, with many Threatnings, to Murther them out|right. And the &s;aid <HI>Thomas</HI> and <HI>Simon Fra&s;ers</HI> having, with their fore&s;aid Compa|ny, (whereof &s;everal were Sub&s;cribers of the fore&s;aid Letter of <HI>A&s;&s;ociation</HI>) taken Pri&s;oners the Lord
<HI>Saltoun,</HI> Lord <HI>Mungo Murray,</HI> and their Company, unable to re|&s;i&s;t &s;o great a Force, they cau&s;ed them to Mount on little pitiful Bea&s;ts, in&s;tead of their own Hor&s;es, whereof they had rob'd them as al&s;o of their Armr, and other things about them, and thus carried them away Captives, under their Guards of Men and Arms, to the Hou&s;e of
<HI>Fanellan,</HI> where they made them clo&s;s Pri&s;oners every one in a Room by him&s;elf, for the &s;pace of &s;ix or &s;even days, having in the mean time fortified and &s;tuffed the Hou&s;e with Armed Men and other Provi&s;ions. And further, in pro&s;ecution of their wicked Band and League to ri&s;e in Arms, the &s;aid <HI>Thomas</HI> and <HI>Simon Fra&s;ers,</HI> and their Complices, &s;ent the Firie Cro&s;s through the Countrey, to rai&s;e their Men and People in Arms; whereby they conveened to the Number of two hundred Men in Arms, to a&s;&s;i&s;t and joyn with the &s;aids <HI>Fra|&s;ers,</HI> and others above-complained upon, in their fore&s;aid open and manife&s;t In|&s;urrection and Rebellion: In further pro&s;ecuting whereof, the &s;aid <HI>Thomas</HI> and
<HI>Si|mon Fra&s;ers,</HI> and their Complices above-complained upon, did the &s;ame day that they made the Lord <HI>Saltoun,</HI> Lord <HI>Mungo Murray,</HI> and others their Pri&s;oners, march with a Company of about one Hundred Men in Arms, to the Lady <HI>Lo|vat</HI>'s Hou&s;e of
<HI>Ca&s;tledounie,</HI> and there, violently and wickedly &s;ei&s;ed upon the Wi|dow Lady and her Servants, and made them Pri&s;oners; and robbed and &s;poiled the Goods in and about the Hou&s;e, at their plea&s;ure. And thus the &s;aid <HI>Thomas</HI> and <HI>Simon Fra&s;ers,</HI> and their Complices above complained upon, having broken out into open Rebellion and Arms, and &s;ei&s;ed the fore&s;aid two Hou&s;es with the Pri&s;oners therein, they gari&s;oned the &s;ame, and appointed Captains, and other Officers over their Troops and Gari&s;ons: And adding yet more Barbarity to all their Violence, they &s;et up a Gallows before the Hou&s;e of <HI>Fanellan,</HI> and in the View of the Windows where the Pri&s;oners were, threatning to hang them there|on. And by &s;ending tee &s;aid Firie Cro&s;s as &s;aid is, they convocat and conveened yet more Men in Arms, and after they had keeped the &s;aids Pri&s;oners, &s;ome &s;ix or &s;even days in the fore&s;aid Captivity and Terrors, they carried them from <HI>Fa|nellan</HI> by armed Guards, to the I&s;le of <HI>Aigies,</HI> where they keeped them Pri&s;oners<PB N="5" REF="3">in a Creel Hou&s;e for their Lodging, and did treat them in a mo&s;t mi&s;erable man|ner, &s;o that the Lord <HI>Saltoun</HI> fell &s;o &s;ick, that they were obliged to di&s;mi&s;s him, but &s;till keeping the Lord <HI>Mungo Murray</HI> Pri&s;oner for &s;ome days thereafter: And about the &s;ame time, they have the Lady
<HI>Dowager</HI> of <HI>Lovat</HI> &s;till their Pri&s;oner in
<HI>Ca&s;tledounie.</HI> And during their Impri&s;onment, the &s;aid
<HI>Thomas</HI> and <HI>Simon Fra&s;ers,</HI> and their Complices above-complain'd upon, propone Conditions, extort Ar|ticles and Agreements, and whatever they plea&s;ed to demand, there being no re|&s;i&s;ting &s;uch a wicked and barbarous Force, which continually proceeded to great|er Violence and Barbarity. For not only the &s;aid <HI>Thomas</HI> and <HI>Simon Fra&s;ers</HI> and their &s;aid Complices, refu&s;ed to lay down their Arms, and de&s;i&s;t from their Vio|lence, when commanded and charged by the Sheriff of <HI>Inverne&s;s;</HI> But going on in their Villainous Barbarities, they keeped the &s;aid Lady <HI>Dowager,</HI> in mo&s;t mi&s;e|rable Captivity. And when nothing that &s;he could propo&s;e or promi&s;e would &s;a|tisfie them, the &s;aid Captain <HI>Simon</HI> takes up the mo&s;t Mad and Villainous Re&s;oluti|on that ever was heard of: For all in a &s;udden, he and his &s;aids Complices makes the Lady clo&s;s Pri&s;oner in her Chamber, under his armed Guards; And then comes upon her, with Mr. <HI>Robert Monro</HI> Mini&s;ter at
<HI>Abertar&s;e,</HI> and three or four Ruffians in the Night time, about two or three in the Morning in the Month of <HI>October</HI> la&s;t, or one or other of the days of the &s;aid Month of <HI>October</HI> la&s;t: And having drag|ged out her Maids, <HI>Agnes Mackbrayer,</HI> and &leftblank;
<HI>Fra&s;er,</HI> he propo&s;es to the La|dy, that &s;he &s;hould Marry him. And when &s;he fell in Lamenting and Crying, the great Pipe was blown up, to drown her cryes, and the wicked Villains order the Mini&s;ter to proceed. And tho &s;he prote&s;ted with Tears and Cries, and al&s;o offe|red all promi&s;es of any thing el&s;e, and declared &s;he would &s;acrifice her Life, &s;ooner then con&s;ent to their Propo&s;al, neverthele&s;s the &s;aid Mini&s;ter proceeds, and declares them Married Per&s;ons: And <HI>Hugh Fra&s;er</HI> of
<HI>Kinmonavie,</HI> and the &s;aid <HI>Hutcheon Oig,</HI> (both of them Thieves and Murtherers) are appointed for her waiting Maids. And tho &s;he often &s;warfed and again cryed out mo&s;t grievou&s;ly, yet not relenting, but the Bag-pipe is blown up as formerly, and the fore&s;aid Ruffians rent off her Cloaths, cutting her Stays with their Durks, and &s;o thru&s;t her into her Bed. After this mo&s;t horrid violent Rapt, when the Ladies Friends offered to make &s;ome Attempt, for her Re&s;cue out of Captain <HI>Simon</HI>'s hands, the &s;aid Captain <HI>Simon,</HI> and his &s;aid Complices, carry her away to the Hills, and rai&s;ing the Countrey, to the number of four or five hundred Men in Arms, of their own Name and Dependers, did detain &s;till the afflicted Lady, and did &s;tand to their own Defence. And further, when the Lords of our Privy Coun|cil, having Intelligence of this Violence and In&s;urrection in Arms, and of the fore|&s;aid wicked Practices and Rebellion of the &s;aid
<HI>Fra&s;ers,</HI> and others above complai|ned upon, did order an Herauld to charge the &s;aid Traitors and Rebels, to lay down their Arms, and &s;et the Lady at Liberty, and render them&s;elves Pri&s;oners, to abide the Law: And did al&s;o order the Sheriff, with the <HI>Pa&s;se Comitatus,</HI> as likewi&s;e our Troops and Forces to march again&s;t them, and &s;ubdue them. Yet the fore&s;aids <HI>Thomas</HI> and <HI>Simon Fra&s;ers,</HI> and their &s;aids Complices, di&s;obeyed the &s;aid Charge, and in manife&s;t Contempt thereof, continued in Arms and Rebellion for a con&s;iderable time after they were &s;o charged, and detained the &s;aid Lady Pri&s;oner for &s;everal days thereafter. By all which it is evident, that the whole fore&s;aids Per&s;ons, and each of them <HI>Re&s;pective,</HI> are guilty as Actors, at lea&s;t as airt and part, of the Crimes of Trea&s;on and open Rebellion, convocating and con|veening in Arms, unlawful Banding and Leaguing, Robbery, Ravi&s;hment, and the other Violences and Crimes above-mentioned, or of one or other of them. As al&s;o, the &s;aid Mr. <HI>Robert Monro</HI> Mini&s;ter, is guilty of celebrating a Clande|&s;tine<PB N="6" REF="4">Marriage: Which being found by the Knowledge of an Inque&s;t, they ought to be puni&s;hed by Confi&s;cation 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.</P>
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<DIV1 TYPE="indictment">
<HEAD>Follows the ju&s;t Double of the Second Lybel or Inditement again&s;t the <HI>Fra&s;ers.</HI></HEAD>
<P>THat where, by the Laws of this, and all other well governed Realms, the Crimes of Trea&s;on and Rebellion, and open In&s;urrection in Arms, as likewi&s;e of unlawful Leagues and Combinations, and the Convocating or Con|veening of our Subjects in Arms, without the Warrand of our Authority, and the Occupying, Po&s;&s;e&s;&s;ing, Stuffing, and Fortifying of Hou&s;es, and Fortifying of Hou&s;es and Forts with Armed Men, and other Provi&s;ions: As al&s;o the way-lay|ing, &s;ei&s;ing, apprehending, and making free Subjects Pri&s;oners, and detaining them by Violence in Bondage and Captivity, and treating them with all hard&s;hips, are puni&s;hable with Confi&s;cation of Life, Lands and Goods: Likewi&s;e by the Act of Parliament,
<HI>Ja.</HI> 1&s;t. <HI>Par.</HI> 1&s;t. <HI>Cap.</HI> 3d. It is Statute, That no Man openly Re|bel again&s;t us, under the Pain of Forfeiture of Life and Goods: And by the Act of Parliament <HI>Ja.</HI> 2d. <HI>Par.</HI> 6th.
<HI>Cap.</HI> 24th. It is Statute, That who commits Trea|&s;on again&s;t our Per&s;on and Maje&s;ty, ri&s;es in Feir of War again&s;t us, re&s;ets and &s;upplies &s;uch as have committed Trea&s;on, or Stuffs their Hou&s;es and holds them again&s;t us, or Stuffs Hou&s;es of their own in Furtherance of Rebels, &s;hall be puni|&s;hed as Traitors. And by the Act of Parliament Queen
<HI>Mary, Par.</HI> 9th. <HI>Cap.</HI> 75. It is Statute, That none attempt to do or rai&s;e any Bands of Men of War, upon Hor&s;e or Foot, with Culverings, Pi&s;tols, Picks, Spears, or other Munition Belli|cal, without &s;pecial Licen&s;e in Writ of her Maje&s;ty and her Succe&s;&s;ors, under the Pain of Death to be execute upon the Rai&s;ers of the &s;aids Bands, as al&s;o upon them that ri&s;es and conveens in Bands. And by the Act, <HI>Ja.</HI> 6th.
<HI>Par.</HI> 8th. <HI>Cap.</HI> 131. It is Statute, That none of our Subjects pre&s;ume to Convocat, Conveen or A&s;&s;emble for holding of Councils, to treat, con&s;ult, or determine in any Matter of State, Civil or Eccle&s;ia&s;tick, except in the ordinary Judgements, without our &s;pecial Command or expre&s;s Licen&s;e, under the Pains made again&s;t &s;uch as un|lawfully Convocats our Leiges: And by another Act, <HI>Ja.</HI> 6th.
<HI>Par.</HI> 10th <HI>Cap.</HI> 12th It is Statute, That no Leagues or Bands be made among&s;t our Subjects of any Degree, without our Privity and Con&s;ent, under the Pain to be holden and execute as Movers of Sedition to the Breach of the Peace. Which two la&s;t Acts are ratified, <HI>Ch.</HI> 2d.
<HI>Par.</HI> 1&s;t. <HI>Cap.</HI> 4th. And by the Act, <HI>Ch.</HI> 2d.
<HI>Par.</HI> 1&s;t. <HI>Cap.</HI> 5. It is Declared, That it is, and &s;hall be High Trea&s;on to the Subjects of this King|dom, or any number of them, more or le&s;s, upon any Ground or pretext what|&s;oever, to ri&s;e and continue in Arms, to maintain any Forts, &s;trengths or Gari|&s;ons, or to make any Treaties or Leagues with Forreigners, or among&s;t them&s;elves, without our &s;pecial Authority and Approbation fir&s;t had and obtained thereto. And by the Act, <HI>Ch.</HI> 2d. <HI>Par.</HI> 1&s;t. <HI>Se&s;.</HI> 2d.
<HI>Cap.</HI> 2d. It is &s;tatute and declared, That to plot, contrive, or intend to levy War, or to take up arms again&s;t us, or any Commi&s;&s;ionat by us, is puni&s;hable as high Trea&s;on. Likeas, by the Act, <HI>Ch.</HI> 2d.
<HI>Par.</HI> 2d. <HI>Cap.</HI> 11th. It is &s;tatute, That in time coming, in all Ca&s;es of Trea|&s;onable ri&s;ing in Arms, and open and manife&s;t Rebellion again&s;t us and our Autho|rity, our Advocat for the time, may, and ought to in&s;i&s;t, and pro&s;ecute &s;uch Per|&s;ons, as he &s;hall be ordered by us, and our Privy Council to pur&s;ue. And if they be cited, and do not appear, the Ju&s;tices notwith&s;tanding of their Ab&s;ence, may,
<PB N="7" REF="4">and ought to proceed to con&s;ider, and give Interlocutor upon the Libel: And if it be found relevant, admit the &s;ame to the knowledge of an A&s;&s;ize, and upon their Verdict, finding the &s;ame to be proven, the Doom and Sentence of Forfei|ture ought to proceed, and be given in the &s;ame manner, as if the Per&s;ons accu|&s;ed had compeared, and were pre&s;ent. Which rai&s;ing, convocating, and con|veening in Arms, without, or again&s;t our Authority, with the other Crimes fore|&s;aid, are highly aggravated, and the Trea&s;on and Rebellion becomes yet more wicked and attrocious, when they are perpetrat by Per&s;ons under Proce&s;s for for|mer Trea&s;ons, 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 Per&s;ons to abide the Law, under the pain of Rebellion. Likeas, to attempt to &s;ei&s;e, and actually &s;ei&s;e, and keep back by force and Violence, Per&s;ons cited, and under Bail, to appear before the Court of Ju&s;ticia|ry, or any other Court or Judicature, to bear Witne&s;s, and give evidence, or for any other Cau&s;e or effect. As al&s;o, to extort by Force and Violence, Bonds, Declarations, or any other Write or Paper from any one of our free Leiges, are likewi&s;e Crimes of a high nature, and ought to be &s;everely puni&s;hed. NEVER|THELESS, it is of verity, That the &s;aid <HI>Thomas</HI> and
<HI>Simon Fra&s;ers,</HI> and the whole other per&s;ons above complained upon, &s;haking off all fear of God, and re|gard to our Laws and Authority, are guilty, airt and part, of the Crimes above, and after mentioned. In &s;o far as the &s;aid Captain <HI>Simon Fra&s;er</HI> and his Complices above named, being either already under a Proce&s;s of Trea&s;on, or de&s;igning to fru|&s;trate the fore&s;aid Proce&s;s rai&s;ed again&s;t others of their Accomplices, did upon the occa&s;ion that certain per&s;ons Witne&s;&s;es, were to come, or be brought from <HI>Strath|erick,</HI> and the bounds adjacent thereto, within the Shire of <HI>Inverne&s;s,</HI> for to give evidence in the &s;aid Proce&s;s anent the Crimes of Trea&s;on, and others therein li|belled, 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 le&s;s or more; who appearing in an open In&s;urrection, and manife&s;t Rebellion in Arms, did upon the fifteenth of <HI>June</HI> la&s;t bypa&s;t, the &s;ix|teenth, &s;eventeenth, and eighteenth, or one or orher of the days of the &s;aid Month, March in feir of War, and open Ho&s;tility, again&s;t certain of our loyal Subjects, conveened by our Authority: And for furthering of Ju&s;tice within the fore&s;aid bounds of <HI>Stratherick,</HI> and others within the Shire of <HI>Inverne&s;s,</HI> and their invading and incompa&s;&s;ing, threatning and over-ma&s;tering them, did &s;ei&s;e upon their Per|&s;ons, and make them Pri&s;oners, and violently keeped back &s;uch as were either ci|ted, or under Bail, to appear and give Evidence and Witne&s;s in the Proce&s;s above-mentioned. As al&s;o, they extorted from our free Lieges, certain Bonds, Decla|rations and Writs, according to their own wicked Imaginations and Purpo&s;es: Like|as, that they might rai&s;e and promote their fore&s;aid manife&s;t In&s;urrection and Re|bellion, they &s;ent the fiery Cro&s;s through the Country (a &s;ign and &s;ymbol u&s;ed among&s;t them, to gather their Complices in Arms) for making In&s;urrection and Rebellions, and other unlawful Convocations: As al&s;o, they did place a Gari&s;on in <HI>John Fra|&s;ers</HI> Hou&s;e of <HI>Meiklegart</HI> in <HI>Stratherick,</HI> and in a word, have committed mo&s;t ma|nife&s;t Trea&s;on and Rebellion by open ri&s;ing in Arms again&s;t our Laws and Autho|rity, and u&s;ing Ho&s;tilities and Violences upon our good Subjects. By all which it is manife&s;t, That the fore&s;aids per&s;ons complained upon, or one or other of them, are guilty of the Crimes of open and manife&s;t Rebellion in Arms, Trea&s;on, unlaw|ful Convocations, Violent Impri&s;onment, and the hail other Crimes above libel|led: Which being found by the knowledge of an Inque&s;t, they ought to be<PB N="8" REF="5">condignly puni&s;hed by the Forfeiture of Life, Lands, Honour, and Goods; to the Example and Terror of others to commit the like in time coming.</P>
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</TEXT></Q>
<P>This being the Libels and Inditements rai&s;ed and pur&s;ued by his Maje&s;ty's Ad|vocat, again&s;t the forenamed Per&s;ons, and the Criminal Letters, containing the &s;ame, with the Execution thereof by Pur&s;evants and Heraulds, with Coats of Arms di&s;played, and &s;ound of Trumpet, and other Solemnities appointed by Act of Parliament, having been duely returned to the Clerk of the fore&s;aid Court of Ju&s;ticiary, at the Days and Diets thereof: His Maje&s;ties Advocat, after the Court was fenced, and that he had fir&s;t given in the Order and Warrand of the Lords of his Maje&s;ty's Privy Council, for his pur&s;uing of the fore&s;aid Proce&s;s of Trea&s;on, produced the criminal Letters of Trea&s;on duely execute; and the Pur&s;evant who execute the Letters, with his Witne&s;&s;es being &s;olemnly &s;worn, and having made faith upon the Truth of the Executions, his Maje&s;ty's Advocat declared, that the per&s;ons &s;ummoned, again&s;t whom he intended to in&s;i&s;t, being ab&s;ent, and not compearing, to underly the Law, he did in&s;i&s;t again&s;t the per&s;ons after named, in order to their Forfeiture in ab&s;ence,
<HI>viz.</HI> Captain <HI>Simon Fra&s;er,</HI> elde&s;t lawful Son to
<HI>Thomas Fra&s;er</HI> of <HI>Beaufort, William Fra&s;er</HI> of <HI>Foyr, Hugh Fra&s;er</HI> in <HI>Kinmo|navie, William Fra&s;er</HI> in <HI>Dulleraig, William Fra&s;er</HI> of <HI>Erech it, Alexander Fra&s;er</HI> of
<HI>Kilduthil</HI> younger, <HI>Hugh Fra&s;er,</HI> alias <HI>Hui&s;ton Oig</HI> in <HI>Leadclune, Alexander Fra|&s;er</HI> in <HI>Ruthven, John Fra&s;er</HI> his Brother, <HI>Alexander Fra&s;er,</HI> Son to <HI>Farralin, Alex|ander Fra&s;er</HI> Son to <HI>Meggivie, Tais Fra&s;er</HI> Brother to
<HI>Litlegarth, Thomas Hui&s;ton</HI> Son to the Mini&s;ter of <HI>Stratherick, Aeneas Mcbaine</HI> Brother to <HI>Drummond Mcbaine, Hugh Fra&s;er</HI> Son to
<HI>Struie, Hugh Fra&s;er</HI> younger of <HI>Bochrubine, John Fra&s;er,</HI> Brother to old <HI>Kilduthill,</HI> Major <HI>Thomas Fra&s;er</HI> Elder of
<HI>Struie, Hugh Fra&s;er,</HI> Brother to <HI>Erchit,</HI> and <HI>John Fra&s;er</HI> younger of <HI>Meggivie.</HI> Whereupon the Lords of Ju&s;ticiary, having with con&s;ent of his Maje&s;ty's Advocat, de&s;erted the Diet as to certain other per&s;ons contained in the Inditement, and his Maje&s;ty's Advocat, having re&s;tricted the Libels again&s;t Captain <HI>Simon Fra&s;er,</HI> and the other per&s;ons in&s;i&s;ted again&s;t, to their Trea&s;onable ri&s;ing in Arms, and open Rebellion again&s;t his Maje&s;ty, in the terms of the Act of Parliament 1669, which in the ca&s;e of the&s;e Crimes, allows and ordains Proce&s;s of Trea&s;on to proceed before the Lords of Ju&s;ticiary, again&s;t the per&s;ons thereof accu&s;ed, tho ab&s;ent, with all the Aggra|vations libelled, or aggravating the &s;aid Trea&s;on and Rebellion. The Lords Commi&s;&s;ioners of Ju&s;ticiary, after con&s;ideration of the &s;aids Libels, and as re|&s;tricted in manner fore&s;aid, found the &s;aid Libel &s;o re&s;tricted, relevant, to infer the pains of Trea&s;on, and remitted the &s;ame to the knowledge of the A&s;&s;i&s;e.</P>
<P>And the A&s;&s;i&s;e con&s;i&s;ting of fifteen Per&s;ons, being called and cho&s;en out of the forty five Per&s;ons that had been named and given out in a Li&s;t with the Libel and Criminal Letters, that the Defenders mtght &s;ee and object (if they had any Excep|tion again&s;t them) And no objection being moved again&s;t them, they were all lawfully &s;worn.</P>
<P>And then his Maje&s;ty's Advocat produced for Probation the Letters above-men|tioned in the Libel, directed by the Lords of his Maje&s;ty's Privy Council again&s;t the &s;aid Captain <HI>Simon Fra&s;er</HI> and his Complices, charging them to lay down their Arms, render up the hou&s;es by them &s;tuffed and fortified, and to &s;ubmit them&s;elves, and enter their per&s;ons in Pri&s;on, in the Tolbooth of <HI>Inverne&s;s,</HI> to underly and abide the Law, within the &s;pace of Forty Eight Hours, under the pain of Trea&s;on and Rebellion, and denuncing them as &s;uch to the Horn. And al&s;o (in ca&s;e of their Di&s;obedience) commanding the Sheriff of
<HI>Inverne&s;s,</HI> and all other his Maje&s;ty's Officers, and good Subjects, to ri&s;e, concur, and act in<PB N="9" REF="5">Arms in feir of War, for reducing the &s;aid Rebels and Traitors to Obedience, and to apprehend and bring them to underly the Law, as the &s;aids Letters more ful|ly bear, together with the Execution of the &s;aids Letters, whereby it appeared, That the fore&s;aid Defenders were both lawfully charged upon the &leftblank; day of &leftblank; And for their Di&s;obedience and Contempt, du|ly denunced, and put to the Horn upon the &leftblank; day of the &s;aid Month of &leftblank; thereafter. And for the more Verification of the &s;aid Charge and Execution, his Maje&s;ty's Advocat did further adduce the Pur&s;evant who execute the &s;ame, with the Witne&s;&s;es to the Executions, who be|ing all &s;olemnly &s;worn, made Faith upon the Truth thereof in all Points</P>
<P>But here it is to be ob&s;erved, That albeit the fore&s;aid Letters were directed by the Lords of his Maje&s;ty's privy Council for charging the &s;aids Defenders to lay down their Arms, <HI>&amp;c.</HI> And in ca&s;e of their Di&s;obedience for denuncing them Re|bels, and commanding the Sheriff of the Shire, and all others his Maje&s;ty's Of|ficers, and good Subjects, to march again&s;t them as &s;uch: And that the fore&s;aid Letters and Executions were al&s;o made u&s;e of by his Maje&s;ties Advocat for a fur|ther Evidence of the Defenders Trea&s;onable ri&s;ing in Arms in open Rebellion, in regard of their ob&s;tinate continuing in Arms after they were thereby charged; yet that the Defenders might have all fair Ju&s;tice, and that no pretext might be left them to alledge, that it was incongruous and unju&s;t to proceed to try them for their Crimes in Judgement, for adducing probation again&s;t them, when in the mean time they &s;tood legally debarred, and were rendred incapable to compear, as having been denunced Fugitives, and &s;o deprived of <HI>per&s;onam &s;tandi in judicio,</HI> care was taken before the day appointed for their Compearance, to take out other Letters by Deliverance of his Maje&s;ty's Council, for relaxing them from the Horn, and di&s;charging their Out-Lawrie as Fugitives, that if they had plea|&s;ed to compear in Judgement, and defend, they might have done it as freely as any other of his Maje&s;ty's Lieges; but the per&s;ons in&s;i&s;ted again&s;t, not compea|ring, his Maje&s;ty's Advocat went on with his Probation. And the principal points to be proven conform to Interlocutor, being their trea&s;onable ri&s;ing in Arms, and open Rebellion again&s;t his Maje&s;ty: He adduced in all Fourteen Witne&s;&s;es, whereof Eleven Men and three Women. The Men, <HI>Alexander Fra&s;er</HI> of <HI>Balnean, Thomas Fra&s;er</HI> of <HI>Gortilick, William Fra&s;er</HI> of <HI>Kilbokie, Robert Spence</HI> in <HI>Suddie, A|lexander Mackin&s;h</HI> in <HI>Groom,</HI> Mr. <HI>Leonard Robert&s;on</HI> of
<HI>Stralock,</HI> Mr. <HI>George Fra&s;er,</HI> Sub-principal of the Colledge of <HI>Aberdeen, John Monro</HI> late Servitor to Captain <HI>Simon Fra&s;er, Alexander Stewart,</HI> Brother to <HI>Ulart, Peter Fra&s;er</HI> Servant to
<HI>Bal|nean,</HI> and <HI>William Oig Fra&s;er</HI> Tenent to
<HI>Balnean.</HI></P>
<P>Who being all Witne&s;&s;es in this Ca&s;e above Exception, and many of them Landed Men, did prove the Defenders their Trea&s;onable ri&s;ing in Arms, and o|pen Rebellion, with the greate&s;t Evidence that could be de&s;ired. For tho it was not to be expected, that Eleven Witne&s;&s;es &s;hould depone uniformly again&s;t Twenty Per&s;ons, all engaged in a Trea&s;onable Combination, and ri&s;ing in Arms, con&s;i&s;ting of &s;everal &s;teps, Convocations, Rebellions, Meetings, Actings in a Tract of Time, and in &s;everal places; yet, it is mo&s;t clear and Apparent from the Te&s;timonies lying in Proce&s;s, and upon Record, That again&s;t every one of the Defenders, there were at lea&s;t two or three Witne&s;&s;es to prove their Acce&s;&s;ion: And furder, That as to the Principal and mo&s;t attrocious Acts of their Trea&s;o|nable In&s;urrection, There was an evident Concurrence of the greate&s;t part of them all; In as much as the Witne&s;&s;es being &s;olemnly &s;worn, did make Faith, and give their Depo&s;itions upon the whole Points and Articles of both the Li|bels,<PB N="10" REF="6">in reference to all the&s;e particulars. Fir&s;t, the Combination, Convocating, and conveening in Arms, without any lawful Authority. 2. The violent &s;ei&s;ing of the Pri&s;oners. 3. The taking the Hou&s;e of <HI>Fanellan,</HI> and keeping the Pri&s;oners under Guards therein. 4. The keeping Gari&s;ons and Guards upwards of a Hun|dred Men in the Hou&s;e of <HI>Fanellan</HI> and <HI>Ca&s;tledounie.</HI> 5. The rai&s;ing of the Country by &s;ending the firie Cro&s;s, and making the Cry called the <HI>Coronoch</HI> pa&s;s thorow it, the ordinary &s;ignal for rai&s;ing the Country in Arms in the&s;e parts. 6. The mu&s;tering of men in Arms, under Commanders, and with Colours, &s;ometimes above Two Hundred, and &s;ometimes above Three Hundred. 7. The &s;etting and keeping of Centinels and Guards, and detatching of Parties. 8. Their marching with their Pri&s;oners 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 ho&s;tile manner, &s;ometimes above two hun|dred, after they were charged in his Maje&s;ty's Name, by warrant of the fore&s;aid Letters directed by the Lords of Privy Council, to lay down their Arms under the pain of Rebellion. And, 10. and la&s;tly, Their again convocating and conveening in Arms, &s;everal Months after they had been charged to lay down their Arms, un|der the pain of Rebellion, as &s;aid is, to the Number of Two or Three Hundred, and marching again&s;t, and again &s;ei&s;ing his Maje&s;ty's free Lieges, for acting for his Maje&s;ty's Authority, and making them Pri&s;oners.</P>
<P>All which particulars, the &s;everal and manife&s;t &s;teps of a mo&s;t Trea&s;onable rai|&s;ing in Arms, and open Rebellion, having been proven, and for the greate&s;t and mo&s;t attrocious part again&s;t the whole Defenders. The Probation as to the principal point was concluded with the mo&s;t full and &s;atisfying evidence.</P>
<P>And as for the Aggravations, <HI>viz.</HI> The Injuries and Indignities done to his Ma|je&s;ty's free Lieges, and tho&s;e per&s;ons of Honour and Quality, the making and trea|ting them as Pri&s;oners with all &s;everity, the threatning them with Death, by &s;etting up a Gallows in their View, before their Windows, when under clo&s;e Re&s;traint in &s;everal Chambers, their carrying them about under Guards as Pri&s;oners, and de|taining of them for &s;everal days, their mo&s;t inhuman, cruel, and barbarous U&s;age of the Lady Dowager of <HI>Lovat,</HI> and carrying her with them, in a mo&s;t Afflicted captive Condition for &s;everal Weeks, thorow the mo&s;t Barbarous and Mountain|ous places that can be imagined, and extorting from her, by the Extremities of Violence, &s;uch Writings and Declarations, as they were plea&s;ed to demand: All the&s;e Aggravations were al&s;o proven by the fore&s;aid Witne&s;&s;es, at lea&s;t two of them to every particular, of which the following Te&s;timonies are a po&s;itive proof, <HI>viz.</HI></P>
<P><HI>Alexander Fra&s;er</HI> younger of <HI>Balnean,</HI> aged Twenty One years, examined, purged and &s;worn, Depones, That he was pre&s;ent at <HI>Fanellan,</HI> when he &s;aw the Lord <HI>Mungo Murray</HI> and the Lord
<HI>Saltoun</HI> brought Pri&s;oners there, and made clo&s;e Pri&s;oners there in &s;everal Rooms, with Centinels put on them, and that they were brought Pri&s;oners there by Captain <HI>Simon Fra&s;er,</HI> and that when they came to <HI>Fa|nellan,</HI> a Hou&s;e belonging to the Laird of <HI>Kinaries,</HI> the Doors were &s;hut clo&s;e, and they forced them up, and put a Gari&s;on of armed Men in the Hou&s;e. De|pones, That he &s;aw at <HI>Fanellan,</HI> about two or three days after the Lord <HI>Saltoun, &amp;c.</HI> was brought Pri&s;oner, about two or three hundred Men in Arms under Cap|tain
<HI>Fra&s;er's</HI> Command, and &s;aw him mu&s;ter them there, and that they had Arms, &s;uch as Guns, Swords, Pi&s;tols, Targes, <HI>&amp;c.</HI> Depones, That about &s;even or eight days after the Lord <HI>Saltoun</HI> was made Pri&s;oner, he was at <HI>Ca&s;tledounie,</HI> where he &s;ee the Lady
<HI>Lovat,</HI> and that he &s;aw a number of armed Men within the Hou&s;e, and Centinels at the Gate, and that he &s;aw Captain <HI>Simon Fra&s;er</HI> about the &s;ame time there. Depones, He &s;aw Centinels &s;itting on the Tre&s;hold of my<PB N="11" REF="6">Lady's Chamber Door, and that they continued there for a Night, after which time, the Deponent went away. Depones, He &s;aw Parties &s;ent from <HI>Fanellan</HI> to <HI>Ca&s;tledounie</HI> too and fro &s;everal times. Depones, That after the Lord <HI>Saltoun</HI> and Lord <HI>Mungo Murray</HI> were brought Pri&s;oners to <HI>Fanellan,</HI> he &s;aw a Gallows &s;tanding before the Windows, where the &s;aids two Lords were keeped clo&s;s Pri&s;o|ners, which was not there the day they were brought Pri&s;oners. Depones, That a|bout nine or ten days after the Lord <HI>Saltoun</HI> and the Lord <HI>Mungo Murray</HI> were taken Pri&s;oners, he did &s;ee one Night at
<HI>Ca&s;tledounie,</HI> Captain <HI>Simon Fra&s;er</HI> and Mr. <HI>Robert Monro</HI> the Mini&s;ter at <HI>Ca&s;tledounie,</HI> and being de&s;ired by Captain <HI>Leo|nard Robert&s;on</HI> of <HI>Straloch,</HI> 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 &s;ame Night he &s;aw my Lady's two Women in another Room, with Centinels &s;et upon them, and the two Women Weeping, and this was about Midnight he &s;aw them. And this is the Truth, as he &s;hall An&s;wer to GOD. <HI>Sic Sub&s;cribitur,</HI> Al. Fra&s;er. <HI>Lothian,</HI> I. P. D.</P>
<P><HI>Thomas Fra&s;er</HI> of <HI>Gortulig,</HI> aged Thirty Years, Married, Purged and Sworn, Depones, That about the beginning of
<HI>October,</HI> Captain <HI>Simon Fra&s;er</HI> and the De|ponent coming from
<HI>Inverne&s;s,</HI> and the Lord <HI>Saltoun</HI> and the Lord <HI>Mungo Murray</HI> from <HI>Ca&s;tledounie,</HI> there having met them in the Wood of
<HI>Moncreive</HI> &s;ome Armed Men, when they were met together, they did make up Thirty or Fourty Foot, be&s;ide Hor&s;es, all in Arms, where the Lord
<HI>Saltoun</HI> and Lord <HI>Mungo</HI> being Rid|ing peaceably, Captain
<HI>Simon</HI> gave Orders to his Company, to take my Lord <HI>Saltoun</HI> either Dead or Alive, and accordingly came up clo&s;s to my Lord
<HI>Saltoun</HI> and Lord <HI>Mungo,</HI> and a&s;&s;aulted them with Bended Pi&s;tols, and commanded them to render them&s;elves Pri&s;oners, My Lord
<HI>Saltoun</HI> asking for what cau&s;e, he An|&s;wered, becau&s;e it was his Plea&s;ure: And the Deponent did &s;ee Captain <HI>Simon,</HI> and his Party, Di&s;mounting and Di&s;arming the Lord <HI>Saltoun</HI> and Lord
<HI>Mungo,</HI> and all that were with them, and threatning them, the Foot having Guns pre|&s;ented and Durks drawn, and the Hor&s;emens Pi&s;tols cocked, and thereafter they were &s;et on Countrey Hor&s;e in &s;tead of their own, with Guards in Arms &s;urroun|ding them, and carried them in that Po&s;ture to
<HI>Fanellan,</HI> where they were made clo&s;s Pri&s;oners in &s;everal Rooms, and Centinels put upon the Rooms, and a Guard keep|ed in the Hou&s;e, where they &s;tay'd four or five Nights. Depones, That immedi|atly thereafter, he heard the Firie Cro&s;s was &s;ent through the Countrey, to con|veen the Men, and accordingly the next Night, there conveened at <HI>Fanellan</HI> about three or four hundred Men with Guns, Swords and Pi&s;tols, and Pipers: And De|pones, That they were all commanded by Captain <HI>Simon,</HI> and under him, by their &s;everal Under-Leaders. Depones, That there was a con&s;iderable Party &s;ent from <HI>Fanellan,</HI> to my Lady <HI>Lovats</HI> Hou&s;e at
<HI>Ca&s;tledounie,</HI> and that Parties were from time to time relieved, and that there were Centinels put upon &s;everal Rooms of the Hou&s;e, and particularly upon my Lady's Chamber, and that he &s;aw Cap|tain <HI>Simon</HI> there, and that he was the Per&s;on that gave the Orders. Depones, That he &s;aw the Lord <HI>Saltoun</HI> and Lord <HI>Mungo</HI> carried pri&s;oners to the I&s;le of <HI>E|gies,</HI> where they were keeped Pri&s;oners with a Guard of Fifty or Sixty Men in Arms. And this is the Truth, as he &s;hall An&s;wer to GOD. <HI>Sic Sub&s;cribitur</HI> T. Fra&s;er. <HI>Lothian,</HI> I. P. D.</P>
<P><HI>William Fra&s;er</HI> of <HI>Kilbokie,</HI> Aged Fourty Years, Married, Purged and Sworn, Depones, That in <HI>October</HI> la&s;t, the Deponent came to the Hou&s;e of <HI>Fanellan,</HI> where Captain <HI>Simon</HI> was with two or three hundred Men all Armed, who had<PB N="12" REF="7">conveened there upon a Firie Cro&s;s, which was &s;ent by Captain
<HI>Simon</HI>'s Order through the Countrey, and it was the third day after the Lord <HI>Saltoun</HI> and Lord <HI>Mungo</HI> were taken Pri&s;oners: And the Deponent &s;aw them there, and Guards and Centinels upon them as Pri&s;oners; And likeways &s;aw a Gallows erected over a|gain&s;t the Windows of their Chambers: And the Deponent having asked at Cap|tain <HI>Simon,</HI> what that mean'd, he An&s;wered, That it was to terrifie the Lord <HI>Sal|toun</HI> and Lord <HI>Mungo.</HI> Depones, That he was pre&s;ent when the &s;aids Lords were carried Pri&s;oners from <HI>Fanellan</HI> to the I&s;le of <HI>Egies,</HI> where they were detained Pri|&s;oners by the &s;aid Captain <HI>Simon</HI>'s Command. Depones, That before the Depo|nent went fir&s;t to <HI>Fanellan,</HI> he was at <HI>Ca&s;tledounie</HI> my Lady <HI>Lovats</HI> Dwelling, where there was a Party of upwards of three or four&s;core of Armed Men, and &s;aw them keeping Guard at the Gates, and Captain <HI>Simon</HI> was there, and gave them Orders as Commander.</P>
<P><HI>Robert Spence</HI> in <HI>Suddie,</HI> Aged Twenty Four Years, Married, Purged and Sworn, Depones, That Captain <HI>Simon Fra&s;er</HI> having carried my Lady <HI>Lovat</HI> a|long&s;t with him from <HI>Kirkhill,</HI> and having heard, that there was a Party of Red-Coats, with Lord <HI>James Murray</HI> and &s;ome Gentlemen, coming to re&s;cue my Lady, Captain
<HI>Simon</HI> did &s;end word through the Countrey, to rai&s;e the Firie Cro&s;s, to warn the Countrey to come for their Defence. Depones, That when my La|dy left Captain <HI>Simon,</HI> there would have been about two or three hundred Men in Arms with him. And this is the Truth, as he &s;hall An&s;wer to God. <HI>Sic Sub&s;cribitur,</HI> Robert Spence. <HI>Ad. Cockburn,</HI> I. P. D.</P>
<P>Mr. <HI>George Fra&s;er</HI> Sub-Principal of the Colledge of
<HI>Aberdeen,</HI> Purged and Sworn, Depones, That when my Lord
<HI>Saltoun,</HI> Lord <HI>Mungo Murray,</HI> and others were made Pri&s;oners the time libelled, he was one of the Company, and that Captain <HI>Simon</HI> commanded the Party that apprehended them, which con&s;i&s;ted or Fourteen Hor&s;e and Fifty Foot, or thereby, all armed with Swords, Pi&s;tols and Guns; and one of them called <HI>Hutcheon Oig</HI> came up with a Bended Pi&s;tol on my Lord <HI>Saltoun,</HI> and de&s;ired them to render, and di&s;mounted them, and put them on little Hor&s;es, and carried them Pri&s;oners to
<HI>Fanellan,</HI> and keeped them there Pri|&s;oners under Guards by the &s;pace of &s;ix days, and that there was a Gallows put up, and there was a Convocation of Men in Arms, &s;ometimes to the number of three or four hundred Men in Arms, with Colours di&s;played and Pipers playing. And this is the Truth, as he &s;hall An&s;wer to GOD. <HI>Sic Sub&s;cribitur,</HI> Geo. Fra|&s;et. <HI>Lothian,</HI> I. P. D.</P>
<P>And further, the Dete&s;table and Horrid Violence done to the Lady Dowager by Captain <HI>Simon Fra&s;er,</HI> and his wicked Complices, was yet more particularly and di&s;tinctly proven by Mr. <HI>Leanord Robert&s;on</HI> of <HI>Straloch,</HI> and three Women, who no doubt, in a ca&s;e &s;o Circum&s;tantiat, were not only nece&s;&s;ary, but mo&s;t lawful &s;ufficient Witne&s;&s;es. But becau&s;e this Violence was acted and perpetrat by the &s;aid Captain <HI>Simon,</HI> with &s;uch Cruelty and Barbarity, as is &s;carce Credible, the &s;umm of the Evidence given in this Matter, is here more particularly &s;et down as follows.</P>
<P>Mr. <HI>Leonard Robert&s;on</HI> of <HI>Straloch,</HI> Aged 44.
<HI>&s;olutus,</HI> purged and Sworn, Depones That upon the &s;ixteenth of
<HI>October</HI> la&s;t, being <HI>Saturday,</HI> he came to
<HI>Inverne&s;s,</HI> and was there informed, that the Lady Dowager of
<HI>Lovat</HI> was under Re&s;traint at <HI>Ca&s;tledouni,</HI> whereupon he repaired to that place, and after &s;ome difficulty made, got Acce&s;s to my Lady, who acquainted him with the Propo&s;als that Captain <HI>Simon Fra&s;er</HI> had made to her; and intreated the Deponent to per&s;wade the Lord <HI>Saltoun,</HI> and her Brother Lord <HI>James Murray,</HI> to conde&s;cend to the Terms;<PB N="13" REF="7">which the Deponent undertook: And having returned to <HI>Inverne&s;s,</HI> prevailed with them to &s;ign the Articles, for her own, and Lord <HI>Mungo</HI>'s Liberation, and brought them back to <HI>Ca&s;tledounie</HI> on <HI>Tue&s;day,</HI> 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 Hor&s;e, they were both &s;top|ped at my Lady's Chamber Door, and there was a Chair and a Centry &s;et at my Lady's Door, and all the re&s;t of the Centries doubled; and the Deponent him|&s;elf, after &s;ome time, was put under a Guard of Centinels, and was &s;o detained under Re&s;traint, till the next day at ten of the Clock; That complaining to Cap|tain <HI>Simon,</HI> the Deponent was permitted to pay a Vi&s;it to my Lady, whom he &s;aw in a very di&s;con&s;olat Condition, and &s;oftly &s;poken in his Ear, <HI>For Chri&s;ts &s;ake take me out of this place either dead or alive,</HI> and that he ob&s;erved my Ladies Face all &s;wollen, and &s;he fell in a Sownd the time the Deponent was with her; and the Lady &s;u&s;pecting that he had not fully heard what &s;he had &s;poken to him, &s;ent her Servant Mrs. <HI>Mackbryar</HI> with Commi&s;&s;ion to repeat the &s;ame words to him, which &s;he did. And the Deponent thinks Captain
<HI>Simon</HI> had at lea&s;t Three Hundred Men with him at that time, all well armed, in, and about the Hou&s;e of <HI>Ca&s;tle|dounie,</HI> and that he heard at the time &s;ome per&s;on lamenting, and the Bag-pipe played about the &s;ame time, but knows not whether it was to drown the Voice, or not. And furder depones, That the next time he &s;aw my Lady, was, That the Laird of
<HI>Collodine,</HI> and the Deponent came to the Water &s;ide, near the I&s;le of <HI>Ai|gis;</HI> and Captain <HI>Simon</HI> having come over to them by Boat, the Deponent de&s;i|red to &s;ee my Lady, which he &s;hun'd, telling him, That my Lady did not de&s;ire to &s;ee him; and the Deponent replyed, That it was not done like a Comerad; e&s;pecially &s;eing it was reported at
<HI>Inverne&s;s,</HI> That my Lady was dead, or near ex|piring. Captain
<HI>Simon</HI> an&s;wered, That he &s;hould be &s;oon cleared of the contra|ry; and returning in his Boat, he cau&s;ed bring out my Lady in their &s;ight: But &s;o weak, as &s;he was &s;upported by two, and then carried her back again to a little Hou&s;e upon that I&s;land: But the Deponent having asked at Mrs.
<HI>Mackbryar</HI> from the other &s;ide of the Water, to try at her Lady, if &s;he had di&s;charged the Depo|nent to &s;ee her; &s;he went accordingly, and brought back word, That &s;he de&s;ired nothing more than to &s;ee the Deponent, except her own Liberation, and to tell her Brother Lord
<HI>James,</HI> that &s;he was &s;ome better, and lived longer than &s;he de&s;i|red; And that the Deponent &s;aw my Lady &s;everal times after that, where &s;he made heavie Complaints of the bad and rude u&s;age &s;he had met with; but her Guards, and others &s;u&s;pecting the Deponent, becau&s;e he would not comply anent &s;ome Papers, they were drawing up for their own pretended Security, he had not that free conver&s;e which he had formerly; and that this was the third or fourth Night after the Charge given them by the Herauld, to di&s;&s;ipat and lay down their Arms, and &s;et my Lady at liberty. And at the time when my Lady parted with them, and went away with my Lord
<HI>Forbes,</HI> the Deponent &s;aw about two hun|dred Men in Arms with Captain
<HI>Simon Fra&s;er. Sic Sub&s;cribitur</HI> Leonard Robert&s;on.</P>
<P><HI>Amilie Rioch,</HI> late Servitrix to Lady <HI>Lovat,</HI> aged
16 years, &s;worn and purged, depones, That about the time libelled, &s;he being a Servant to my Lady, Captain <HI>Simon Fra&s;er,</HI> with &s;everal Armed Men, came to <HI>Ca&s;tledounie,</HI> and &s;et Centinels on my Lady's Chamber without, and within the Doors, with drawn Swords; That Captain
<HI>Simons</HI> Men carried by force my Lady's waiting Maids, Mrs.
<HI>Mackbryar,</HI> Mrs. <HI>Janet Fra&s;er,</HI> and the Deponent out of her Room, and made them Pri&s;oners in another Room, That about two of the Clock in the Morning, two armed<PB N="14" REF="8">Men came, and carried the Deponent back to the Lady's Chamber, where &s;he did &s;ee the Lady &s;itting on the Ground, her Hair hanging down about her Head, lea|ning backward upon the Bed-&s;tock; That one <HI>Donald Beaton</HI> was pulling off my Lady's Shoes, and Captain <HI>Simon</HI> was holding Aquavitae and burnt Feathers to her No&s;e, becau&s;e &s;he was then in a &s;warf; that thereafter they commanding the De|ponent to take off my Lady's Shoes, and when &s;he offered &s;o to do, my Lady &s;purned her away with her feet, &s;hewing her unwillingne&s;s; That the Deponent refu&s;ing to take off her Cloaths, Captain <HI>Simon</HI> ordered to beat her; that <HI>Fra&s;er</HI> of <HI>Kin|monavie</HI> did then hold up the Lady in his Arms, and Captain <HI>Simon</HI> pulled off her Petticoats, and &s;ought a Knife from <HI>Hugh Monro</HI> to cut her Stays; and becau&s;e he had none, the Captain ordered <HI>Fra&s;er</HI> of <HI>Kinmonavie</HI> to cutt her Stays with his Durk; and then they threw the Lady upon the Bed: But the Deponent &s;aying that &s;he would take off the Lady's Stays, they went a little out of the Room, in which time the Deponent did again fa&s;ten the Stays; but they returning, were di&s;plea&s;ed, 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 &s;tretched out her Arms, and &s;o took off her Stays, which the Deponent did &s;ee, becau&s;e &s;he went not out of the Room, but &s;tood at the foot of the Bed. And when the Deponent was going away, &s;he 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 &s;he went in to the Lady's Chamber, and &s;ee her head hang o|ver the Bed, and nothing upon it, except a Handkerchief; the Deponent did &s;ee all the Lady's Face &s;wollen, and &s;he &s;poke nothing, but gave her a broad look. And the Deponent thought that my Lady was not &s;en&s;ible for a day or two thereafter; for &s;he did not know Lord <HI>Mungo</HI> her Brother the next Morning, when he came to &s;ee her, and when her Servant told her, here is your Brother at the Bed &s;ide, the Lady asked, what Brother, albeit &s;he was looking him in the Face with fair Day-light. Depones, That when &s;he and the other Servants were carried by force the fir&s;t Night, out of my Lady's Chamber; the Lady &s;tood up, and held out her Arms, and cryed: And when
<HI>Dumballocks</HI> Lady came the next Morning to the Room, and called her Madam; my Lady an&s;wered. <HI>Call me not Madam, but the mo&s;t mi&s;erable wretch alive.</HI> Depones, That &s;he &s;ee my Lady carried pri&s;o|ner from
<HI>Ca&s;tledounie</HI> to the I&s;le of <HI>Aigis</HI> at twelve of the Clock at Night, and from that to <HI>Culgrain,</HI> and from that to <HI>Deanie,</HI> and then to the I&s;le of <HI>Matlie.</HI> The Rea|&s;on of her Knowledge, becau&s;e &s;he went along with her.</P>
<P>This Depo&s;ition was the more credited, That the Maid, tho young, not above &s;ixteen years, did neverthele&s;s, in the pre&s;ence of the Court, and Hundreds atten|ding it, depone with a firmne&s;s and con&s;tancy, particulary ob&s;erved by all that heard her, and her fore&s;aid Depo&s;ition was immediatly confirmed by <HI>Janet Fra&s;er,</HI> Daughter to
<HI>Dumballoch,</HI> who agreed in her Depo&s;ition with <HI>Amilie Reoch,</HI> as to the Violence put upon the Lady, and her being carried forcibly from her, and as to the &s;ad and afflicted Condition, wherein &s;he &s;ee her the next day.</P>
<P><HI>Janet Fra&s;er,</HI> Daughter to <HI>Dumballoch,</HI> aged 16 years, unmarried, &s;worn and purged, depones, That at the time libelled, Captain <HI>Simon Fra&s;er,</HI> and &s;everal armed Men, came to the Hou&s;e of <HI>Ca&s;tledounie;</HI> and thereafter there being Guards and Centries &s;et on my Lady's Chamber-door, the Deponent and Mrs. <HI>Mackbryar</HI> being my Lady <HI>Lovats</HI> 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
<PB N="15" REF="8">by Force, my Lady fell on her Face. Depones, That next Morning the Depo|nent came to my Lady's Chamber, about Eight a Clock in the Morning, and did &s;ee my Lady's Head hanging over the Bed-Stock, and &s;ee her Face &s;wollen. And the Deponent enquiring anent my Lady's Health, my Lady an&s;wered, <HI>I am Dead.</HI> And about Twelve a Clock that day, my Lady appeared altogether un|&s;en&s;ible, and did take the Deponent for Lady
<HI>Catharine</HI> my Lady's Si&s;ter, who had died &s;everal Years before, and about Four a Clock the &s;ame Afternoon, my Lady did not know her Brother my Lord <HI>Mungo,</HI> and could not &s;peak to him. Depones, that about Two a Clock the &s;ame day, my Lady fell in a Swerf and continued out and in the Swerf about two Hours. And this is the Truth, as &s;he &s;hall an&s;wer to God. And Depones &s;he cannot Write.</P>
<P>Likeas <HI>Chri&s;tian Macklain,</HI> late Servitrix to <HI>James Fra&s;er</HI> of <HI>Relict,</HI> did likewi&s;e in her Depo&s;ition agree with them.</P>
<P><HI>Chri&s;tian Macklain,</HI> late Servitrix to <HI>James Fra&s;er</HI> of <HI>Relict,</HI> Aged 24 Years, un-married, Purged, and Sworn, and Interrogat by the <HI>Aberuchil,</HI> and Mr. <HI>Thomas Fra&s;er</HI> Sworn Interpreter, in re&s;pect &s;he cannot Speak the <HI>Engli&s;h</HI> Lan|guage, Depones, That the time Lybelled, particularly that Night that they talk of the pretended &s;ham Marriage, &s;he 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, &s;he heard my Lady Moan and Lament: In the mean there were Bag-pipes playing, and yet &s;he heard my Ladies Voice &s;o loud, that the Sound of the Bag-pipe did not drown her Voice. Depones, That &s;he &s;aw <HI>Kin|monavie</HI> drawing a Durk from one of the Centries that was at the Room where the Deponent was, and ru&s;h into the Room where the Lady was with it. Depones, That the Deponent was Guarded &s;o &s;trictly, that &s;he could get neither Meat nor Drink for her &s;elf nor the Child, nor none allowed to come near her from Twelve a Clock of the Day, to Eight a Clock next Morning. Depones, &s;he &s;aw Cap|tain <HI>Simon Fra&s;er</HI> there, with the mo&s;t part of the other Per&s;ons in&s;i&s;ted again&s;t, all in Arms, and &s;aw a great many moe People in Arms, in and about the Hou&s;e. Further Depones, That before the Pipes were bended up, &s;he heard my Lady cry|ing and clap her hands, &s;aying, <HI>Is there no Per&s;on that hath any Chri&s;tian Blood in them, who will have no re&s;pect to my Woes,</HI> and repeated very often,
<HI>Lord have Mercy on her Soul.</HI> This is the Truth, as &s;he &s;hall An&s;wer to GOD. And Depones &s;he cannot Write. <HI>Sic Sub&s;cribitur,</HI> Thomas Fra&s;er.</P>
<P>All which Depo&s;itions, as to the Centries &s;et within, and without the Lady's Chamber, and the Violence then done her, and the playing of the Bag-Pipe to &s;uppre&s;s her Cryes, and the carrying of her Captive from Place, to Place, were further confirmed by what the fore&s;aid Men Witne&s;&s;es did Declare in their &s;everal Depo&s;itions as to the&s;e Points.</P>
<P>His Maje&s;ty's Advocat did al&s;o produce, and lay before the A&s;&s;i&s;e, the princi|pal Letters mentioned in the fir&s;t Libel, Write by
<HI>Beaufort</HI> Elder and Younger and their Complices, for Declaring their wicked Con&s;piracy and Combination, and which Letter was al&s;o Atte&s;ted by &s;everal of the Witne&s;&s;es.</P>
<P>From all which it is mo&s;t manife&s;t, That the Defenders their Trea&s;onable Ri&s;ing in Arms and open Rebellion again&s;t his Maje&s;ty, and the Aggravations a|bove-libelled, were fully and clearly Proven: And accordingly the A&s;&s;i&s;e did re|turn their Verdict, bearing, That they all in one Voice did find the Libel, with the Aggravations thereof, as the &s;ame was re&s;tricted by the Interlocutor of the<PB N="16" REF="9">Lords, clearly proven again&s;t the &s;aid Captain <HI>Simon Fra&s;er,</HI> and the other Per|&s;ons in&s;i&s;ted again&s;t in ab&s;ence, as &s;aid is.</P>
<P>After opening and reading of which Verdict of A&s;&s;i&s;e, the Lords Ju&s;tice Gene|ral, Ju&s;tice Clerk, and Commi&s;&s;ioners of Ju&s;ticiary, in re&s;pect thereof, Decerned and Adjudged the &s;aid Captain
<HI>Simon Fra&s;er,</HI> and the whole Per&s;ons contained in the above-written Verdict, to be Execute to the Death, Demeaned as Traitors, and to undergo the Pains of Trea&s;on, and utter Puni&s;hment, appointed by the Laws of the Realm, at &s;uch Times and Places, and in &s;uch Manner, as the &s;aids Lords &s;hould 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; &s;o that their Po&s;terity 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 &s;undry their Lands, Heretages, Tacks, Steedings, Rooms, Po&s;&s;e&s;&s;ions, Goods and Gear what&s;oever pertaining to them, to our Sovereign Lord, to remain perpetually with his Maje&s;ty in Property. And this Sentence was by Sound of Trumpet, and all other Solemnities, given for Doom.</P>
<P>For Conclu&s;ion then of this Account, it remains only to be remarked. <HI>Fir&s;t,</HI> That both the Lybels are &s;o evidently relevant, and the Probation &s;o full and clear, that there cannot remain the lea&s;t Scruple or Doubt, as to the orderly Pro|cedure, and ju&s;t I&s;&s;ue of this Tryal.</P>
<P>It may po&s;&s;ibly occur, that all the fore&s;aid Convocations, Meetings and Actings in Arms, were only upon the Occa&s;ion of a pretended privat Quarrel, and not de&s;igned again&s;t His Maje&s;ty and his Government. And further, that the fore&s;aids Per&s;ons found guilty, did &s;everal times openly declare, That from all their Bonds and Engagements to maintain and &s;tand by one another, the King was expre&s;ly excepted. But to this it may be An&s;wered, that the Duty and Crimes of Subjects are to be mea&s;ured and judged by Deeds, and not by Words. That the Words of the Law are mo&s;t expre&s;s, And it &s;hall be high Trea&s;on to the Subjects of this Kingdom, or any Number of them, more or le&s;s, upon any Ground or Pretext what&s;oever, to ri&s;e and continue in Arms, to maintain Forts or Gari&s;ons, to make Peace or War, to make Treaties and Leagues with Foreigners, or among&s;t them|&s;elves, without his Maje&s;ty's &s;pecial Authority and Approbation fir&s;t interponed thereto. That there is nothing more ea&s;y and ordinary for Men, than to colour their Trea&s;onable Ri&s;ing in Arms, with &s;pecious Pretences and Excu&s;es. And <HI>La&s;tly,</HI> That it is mo&s;t certain, That as the fore&s;aid Criminals, and their Com|plices, did di&s;obey and contemn His Maje&s;ty's Authority, charging them to lay down their Arms under the Pain of Rebellion, &s;o had they been able to have op|po&s;ed and overthrown the whole Forces and Strength of the Government, they had certainly done it, in the Pro&s;ecution of their Wicked De&s;igns.</P>
<P>It may likewi&s;e appear &s;trange to &s;ome, to hear and &s;ee &s;o many Forefeited up|on this Occa&s;ion. But the&s;e Per&s;ons ought fir&s;t to con&s;ider, that the Per&s;ons found guilty, were the Chief Ring-leaders in all the Steps of the fore&s;aid Rebellion, and Barbarous Outrages, and who forced others to take Arms.</P>
<P>As al&s;o they ought to reflect, that &s;everal Hundreds whom the Law reaches, are neverthele&s;s pa&s;t by and over-look'd, and the fore&s;aid Per&s;ons only in&s;i&s;ted a|gain&s;t, as nece&s;&s;ary Examples to re&s;train &s;uch Lawle&s;s and Pernicious Practices; And that tho the fore&s;aid twenty Per&s;ons be condemned, for the Indi&s;pen&s;ible Maintaining of His Maje&s;ty's ju&s;t Authority, and Repre&s;&s;ing and Curbing the Madne&s;s of &s;uch Heady De&s;perat Traitors: Yet the E&s;tate and intere&s;t of all of them<PB N="17" REF="9">taken complexly, are not worth Fifty Pound
<HI>Sterling</HI> by Year; nor are they in the lea&s;t valuable as to the Peace of the Kingdom, it being known, that the greate&s;t part of them were Thieves and Murderers, and &s;o glad of any pretence to conti|nue their Lawle&s;s Practices, and keep them&s;elves out of the Hands of Ju&s;tice.</P>
<P>Some few Moneths after the fore&s;aid Tryal, the &s;aids <HI>Hugh Fra&s;er</HI> alias <HI>Hut|cheon Oig,</HI> and <HI>John Fra&s;er</HI> younger of <HI>Migavie,</HI> two of the Convict Per&s;ons a|bove-named, being apprehended in the North, were &s;ent Pri&s;oners, under a Guard of his Maje&s;ty's Forces, to the Tolbooth of <HI>Edinburgh:</HI> And being cal|led upon the 11th of <HI>April</HI> la&s;t before the Lords of Ju&s;ticiary, and Interrogat, if they did bear the Names and De&s;ignations above-written, and if they knew any others of the&s;e names and De&s;ignations, they acknowledged their Names to be as above, <HI>viz. Hugh Fra&s;er,</HI> alias <HI>Hutcheon Oig,</HI> and <HI>John Fra&s;er</HI> younger of <HI>Migavie,</HI> and that they knew of no other Per&s;ons of their Names and De&s;igna|tions, which judicial Acknowledgment they Signed.</P>
<P>The &s;aid <HI>Hugh Fra&s;er,</HI> alias <HI>Hutcheon Oig,</HI> and the &s;aid <HI>John Fra&s;er</HI> younger of <HI>Migavie,</HI> by the former Sentence, being ordained to undergo the Pains of Trea&s;on, appointed by the Laws of this Kingdom, at &s;uch Times, Places, and in &s;uch Manner, as the Lords of Ju&s;ticiary &s;hould appoint, in re&s;pect they were then ab&s;ent: And they being now brought before the Lords, to hear the time, Place, and Manner of the Execution appointed, the Lords of Ju&s;ticiary Decer|ned and adjudged the &s;aid <HI>Hugh</HI> and <HI>John Fra&s;ers</HI> to be taken to the Cro&s;s of <HI>Edin|burgh,</HI> upon the fourth of <HI>Augu&s;t</HI> thereafter, betwixt two and four a Clock in the Afternoon, and there to have their Heads &s;evered from their Bodies.</P>
<P>It being certain, that there is a Remi&s;&s;ion under his Maje&s;ty's Royal Hand, which is appointed to pa&s;s the great Seal <HI>per Saltum:</HI> It is thought nece&s;ary to publi&s;h &s;ome Paragraphs of two of his Letters, containing dangerous In&s;inuations again&s;t his Maje&s;ty, and mo&s;t Villainous Expre&s;&s;ions concerning the late Queen of Ble&s;&s;ed Memory, for &s;atisfying all his Maje&s;ty's loving Subjects, how unwor|thy the &s;aid Captain <HI>Fra&s;er</HI> is of his Maje&s;ty's Pardon; The true Copy of the &s;aids Paragraphs, whereof the Principals are ready to be produced, is hereto &s;ubjoin|ed.</P>
<LETTER>
<OPENER><DATELINE><HI>Beaufort</HI>
<DATE>12 <HI>January</HI> 1695.</DATE></DATELINE></OPENER>
<P>Tell Sir <HI>Robert,</HI> That I hope he'll pledge me a Bumper that I am drinking to Q. M. Dredgie.</P>
<CLOSER><SIGNED><HI>Sic &s;ub&s;cribitur,</HI> Sim. Frazer.</SIGNED><POSTSCRIPT>
<P>Direct to <HI>Thomas Frazer.</HI></P>
</POSTSCRIPT></CLOSER>
</LETTER>
<P>A Paragraph of another Letter.</P>
<LETTER>
<OPENER><DATELINE><HI>Beaufort</HI>
<DATE>12 <HI>January</HI> 1695.</DATE></DATELINE></OPENER>
<P>I doubt not you will be in mourning for Queen <HI>Mary,</HI> but I am re&s;olved to buy none till K. <HI>W.</HI> die, which perhaps may &s;erve for the next Summer Sure; and I hope you will give me a Hat and Gloves for it.</P>
<CLOSER><SIGNED><HI>Sic &s;ub&s;cribitur,</HI> Simon Frazer.</SIGNED></CLOSER>
</LETTER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
