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.

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 inArms 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 left blank day of left blank And for their Diſobedience and Contempt, duly denunced, and put to the Horn upon the left blank day of the ſaid Month of left blank 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 myLady'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 hadconveened 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 armedMen 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 theLords, 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 themtaken 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.

A Paragraph of another Letter.