A short Account of the Process and Trial at the Instance of His Majesty's Advocate, by special Order of His Majesty's Privy Council, against Thomas Frazer of Beaufort, and Captain Simeon. Frazer his Son, and their Complices, for the Crimes of Treason, and other Crimes contained in their Indictment.  
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 alleging (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, (though People of no Estate, and who for a long time had lived precariously by the allowance and tolerance 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 than 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 Extremities, will best appear from the two libels or Inditements, which upon t● occasion are raised against them; the just and full doubles thereof were and are as follows.  

The just double of the first Libel or Indictment exhibit and insisted upon, by his Majesty's Advocate, before the Lords of her Majesty's Justiciary at Edinburgh, the 5th. day of September 1698, Against Thomas Fraser of Beaufort, and Captain Simon Fraser his Son, and their Accomplices afternamed.  
THat where, by the Laws of this, and all other well governed Nations, the Crimes of Treason and Rebellion; As likewise of unlawful Leagues and Combinations, and the convocating and conveening of Subjects in Arms, without the warrant of Authority, and the ocupying, possessing, stuffing, and fortifying of Houses and Forts, with armed Men, and other Provisions: As also, the waylay, Seizing, Apprehending, and making free Subject's Prisoners, and detaining them in privato carcere, or in Bondage and Captivity, and treating them with Insolence and Cruelty: As likewise, the ravishing or offering to Ravish Women by Force and Violence, and without Respect to the Quality or Condition of the People injured, or even to common Humanity; and the persisting in the said Violence, Rapt, and Ravishing, by carrying the Ravished about from Place to Place, at the pleasure of the Ravisher, are punishable with Confiscation of Life, Lands, and Goods. Likeas, by the Act of Parliament King James 1st. Par. 1st. Cap. 3d. It is statute, That no man openly Rebel against us, under the pain of Forfeiture of Life and Goods. And by the Act of Parliament James the 2d. Parl. 6. Cap. 24. It is statute, That who commits Treason against Our Person and Majesty, rises in feir of War against Us, Resets and supplies such as have committed Treason, or stuffs their Houses, and holds them against us, or stuffs Houses of their own, in furtherance of Rebels, shall be punished as Traitors. And by the Act of Parliament Queen Mary, Par. 9 Cap. 75. It is statute, That none attempt to do, or rise any Bands of Men of War, on Horse or Foot, with Culverings, Pistols, Picks, Spears, or other Munition bellical, without special Licence in writ of our Sovereign Lady, and her Successors, under the pain of Death, to be execute upon the raisers of the said Bands. As also upon them that raises and conveens in the Bands. And by the Act, James 6th Parl. 8th. Cap. 131. It is statute, That none of our Subjects presume to convocat, conveen, or assemble, for holding of Councils to treat, consult, or determine in any matter of State, Civil or Ecclesiastic, except in the ordinary Judgement, without our special Command, or express Licence, under the pain made against such as unlawfully convocats our Leidges. And by another Act James 6th. Parl. 10th. Chap. 12. It is statute, That no Leagues or Bands be made against our Subjects, of any Degree, without Privity and consent, under the pain to be holden and execute as movers of Sedition, to the breach of the peace: Which two last Act are ratified by Charles 2d. Parl. 1st. Cap. 4th. And by the Act Charles 2d. Par. 1. Chp. 5th. It is declared, That it is, and shall be high Treason to the Subjects of this Kingdom. or any number of them, more or lesle, upon any Ground or pretext whatsoever, to rise and continued in Arms, to maintain any Forts, Strength, or Garrisons, or to make any Treaties or leagues with Foreigners, or amongst themselves, without our special Authority and Approbation, first had, and obtained thereto. And by the Act Charles 2d. Par. 1st. Session 2d. cap. 2d. It is statute and declared, That to plot, contrive, or intent to levy War, or to take up Arms against us, or any commissionat by us, is punishable as high Treason. Likeas, by the Act Charles 2d. parl, 2d. Cap. 11th. It is statute, That in time coming, in all cases of Treasonable rising in Arms, and open, and manifest Rebellion against us and our Authority, our Advocate for the time, may and aught to insist against, and prosecute such persons as he shall be ordered by us, or our privy Council to Pursue: And if they be Cited and do not compear, the Judges (notwithstanding of their absence) may and aught to proceed to consider, and give Interlocutor upon the Libel; and if it be found Relevant, admit the same to the knowledge of an Assize, and upon their Verdict, found the same to be proven, The Doom and Sentence of Forfeiture aught to proceed, and be given in the same manner, as if the persons accused had compeared, and were present. Which raising Convocatting and Conveening in Arms without or against our Authority, which the other Crimes foresaid are highly aggravated, and the Treason and Rebellion yet more open and manifest, while the persons guilty presume to persist and continued therein, after having been charged in our Name, by our Officers, or by a Herald thereto Waranted, to lay down their Arms, and tender their persons to bide the Law; under the pain of Rebellion. As also, by the 34th Act Parliament 1st. Sess. 1st. Ch. 2d. It is statute, That the celebrater of Clandestine Marriages be banished the Kingdom, never to return under the pain of Death. NEVERTHELEES, It is of verity, That Captain Simon Fraser, Elder lawful Son to Thomas Fraser of Beaufort, William Fraser of Foger, Hugh Fraser in K●nmonavie, William Fraser in Dulleraig, William Fraser of Erechit, Alexander Fraser of Kilduthill younger, Hugh Fraser, alias Huiston Oig in Leadclune, Alexander Fraser in Ruthven, John Fraser his Brother, Alexander Fraser Son to Farratin, Alexander Frasor Son to Meggivie, Tais Fraser Brother to Litlegarth, Thomas Huiston Son to the Minister of Stratherick, Aeneas Macbaine Brother to Drummond Macbaine, Hugh Fraser Son to Struie, Hugh Fraser younger of Boch rubine, John Fraser Brother to Old Kilduthill, Mayor Thomas Fraser Elder of Struie, Hugeh Fraser Brother to Srechits, and John Fraser younger of Meggive, Shaking of all fear of God and regard to our Laws and Authority, are guilty, airt and part of the Crimes above and under mentioned. In so far as, The said Captain Simon Fraser having on one or other of the days of the Month of September last sent to the foresaids persons to come and meet him at Moniack, a House belonging to 
                
           Fraser of Strichen, they agreed and came to the foresaid House, belonging to Strichen, and there than being several other Gentlemen of the Name of razor and others; They unlawfully leagued and combined together for to rise in Arms and prosecute their mischievous Practices. Likeas, for their better effectuating thereof, Intimation having been made by one or other of the People abovementioned to the Men of Stratherick, (which is a part of the Lord Lovats Estate and Interest,) They within three or four days after the meeting at Strichens House, did rendezvous about two hundred Men in Arms at Esseck. And when the Men of Stratherick, did come to the said Rendezvous at Esseck, about two hundred Men in Arms, as said is, the said Thomas and Simon Frasers of Beaufort, and the other People above-complained upon, did encourage these Men, unlaufully conveened in Arms, as said is, by swearing, and causing them swear to join and concur for maintaining the saids Thomas and Simon Fraser's Pretences to the Estate of Lovat, against all Opposers. Likeas after the Rendezvous, the said Thomas and Simon Frasers, and others above complained upon, that had been at the Rendezvous, went into a Change-House near by, and there contrived and drew up the Letter subscribed by them, directed to the Lord Fraser: And of which Letter a Copy is hereto subjoined (the principle being put in the Clerk of Justiciaries hands) and doth manifestly contain an unlawful League and Combination, for mutual Adherance in their wicked Designs, which League and Combination is the rather aggravated than paliated by any exeception therein of the King and Government, as being protestatio contrario facto. Likeas, the said Letter of Association doth also contain bold and wicked Threaten against the Lord Saltoun, and false and undue Reflections and Insinuations against the Marquis of Athol and his Family. And this Letter being framed, and agreed to as said is, to be sent to the Lord Fraser, after his parting from the Banders and Leaguers, doth further declared their purpose to continued in the said unlawful Association, and to have the same recorded ad futuram rei memoriam. And the Letter was accordingly sent to the Lord Fraser, to his House of 
                
           The Lord Saltoun having go North the next day, to visit the Lady Dowager of Lovat at her House of Castledounie, after he had stayed there a few days, and as he was returning homeward with the Lord Mungo Murray, Son to the Marquis of Athol, and some other Gentlemen, by the way passing throw the Wood of Bonchrew, about four Miles from Castledounie, the said Lord Saltoun, Lord Mungo Murray, and their Company, were upon the sixth, or one or other of the days of October last, surprised by the said Captain Simon Fraser and his Father, who having convocat a great many Men in Arms, above fourscore, or a hundred, did place themselves in ambush, for waylay and seizing the said Lord Saltoun, Lord Mungo Murray, and their Company. Whom they accordingly s; eised with great Violence and Barbarity, Disarming, Dismounting, throwing them down, and Beating them, with many Threaten, to Murder them outright. And the said Thomas and Simon Frasers having, with their foresaid Company, (whereof several were Subscibers of the foresaid Letter of Association) taken Prisoners the Lord Saltoun, Lord Mungo Murray, and their Company, unable to resist so great a Force, they caused them to Mount on little pitiful Beasts, instead of their own Horses, whereof they had robbed them as also of their Armr, and other things about them, and thus carried them away Captives, under their Guards of Men and Arms, to the House of Fanellan, where they made them close Prisoners every one in a Room by himself, for the space of six or seven days, having in the mean time fortified and stuffed the House with Armed Men and other Provisions. And further, in prosecution of their wicked Band and League to rise in Arms, the said Thomas and Simon Frasers, and their Complices, sent the Fiery Cross through the Country, to raise their Men and People in Arms; whereby they conveened to the Number of two hundred Men in Arms, to assist and join with the saids Frasers, and others above-complained upon, in their foresaid open and manifest Insurrection and Rebellion: In further prosecuting whereof, the said Thomas and Simon Frasers, and their Complices above-complained upon, did the same day that they made the Lord Saltoun, Lord Mungo Murray, and others their Prisoners, march with a Company of about one Hundred Men in Arms, to the Lady Lovat's House of Castledounie, and there, violently and wickedly seized upon the Widow Lady and her Servants, and made them Prisoners; and rob and spoiled the Goods in and about the House, at their pleasure. And thus the said Thomas and Simon Frasers, and their Complices above complained upon, having broken out into open Rebellion and Arms, and seized the foresaid two Houses with the Prisoners therein, they garisoned the same, and appointed Captains, and other Officers over their Troops and Garrisons: And adding yet more Barbarity to all their Violence, they set up a Gallows before the House of Fanellan, and in the View of the Windows where the Prisoners were, threatening to hung them thereon. And by sending thee said Fiery Cross as said is, they convocat and convened yet more Men in Arms, and after they had keeped the saids Prisoners, some six or seven days in the foresaid Captivity and Terrors, they carried them from Fanellan by armed Guards, to the Isle of Aigies, where they keeped them Prisoners in a Creel House for their Lodging, and did treat them in a most miserable manner, so that the Lord Saltoun fell so sick, that they were obliged to dismiss him, but still keeping the Lord Mungo Murray Prisoner for some days thereafter: And about the same time, they have the Lady Dowager of Lovat still their Prisoner in Castledounie. And during their Imprisonment, the said Thomas and Simon Frasers, and their Complices above-complained upon, propone Conditions, extort Articles and Agreements, and whatever they pleased to demand, there being no resisting such a wicked and barbarous Force, which continually proceeded to greater Violence and Barbarity. For not only the said Thomas and Simon Frasers and their said Complices, refused to lay down their Arms, and desist from their Violence, when commanded and charged by the Sheriff of Inverness; But going on in their Villainous Barbarities, they keeped the said Lady Dowager, in most miserable Captivity. And when nothing that she could propose or promise' would satisfy them, the said Captain Simon takes up the most Mad and Villainous Resolution that ever was heard of: For all in a sudden, he and his saids Complices makes the Lady close Prisoner in her Chamber, under his armed Guards; And than comes upon her, with Mr. Robert Monro Minister at Abertarse, and three or four Ruffians in the Night time, about two or three in the Morning in the Month of October last, or one or other of the days of the said Month of October last: And having dragged out her Maids, Agnes Mackbrayer, and 
                
           Fraser, he proposes to the Lady, that she should Mary him. And when she fell in Lamenting and Crying, the great Pipe was blown up, to drown her cries, and the wicked Villains order the Minister to proceed. And though she protested with Tears and Cries, and also offered all promises of any thing else, and declared she would sacrifice her Life, sooner than consent to their Proposal, nevertheless the said Minister proceeds, and declares them Married People: And Hugh Fraser of Kinmonavie, and the said Hutcheon Oig, (both of them Thiefs and Murderers) are appointed for her waiting Maids. And though she often swarfed and again cried out most grievously, yet not relenting, but the Bagpipe is blown up as formerly, and the foresaid Ruffians rend of her Clotheses, cutting her Stays with their Durks, and so thrust her into her Bed. After this most horrid violent Rapt, when the Lady's Friends offered to make some Attempt, for her Rescue out of Captain Simon's hand's, the said Captain Simon, and his said Complices, carry her away to the Hills, and raising the Country, to the number of four or five hundred Men in Arms, of their own Name and Dependers, did detain still the afflicted Lady, and did stand to their own Defence. And further, when the Lords of our Privy Council, having Intelligence of this Violence and Insurrection in Arms, and of the foresaid wicked Practices and Rebellion of the said Frasers, and others above complained upon, did order an Herald to charge the said Traitors and Rebels, to lay down their Arms, and set the Lady at Liberty, and tender themselves Prisoners, to abide the Law: And did also order the Sheriff, with the Pass Comitatus, as likewise our Troops and Forces to march against them, and subdue them. Yet the foresaids Thomas and Simon Frasers, and their saids Complices, disobeyed the said Charge, and in manifest Contempt thereof, continued in Arms and Rebellion for a considerable time after they were so charged, and detained the said Lady Prisoner for several days thereafter. By all which it is evident, that the whole foresaids' People, and each of them Respective, are guilty as Actors, at lest as airt and part, of the Crimes of Treason and open Rebellion, convocating and conveening in Arms, unlawful Banding and Leaguing, Robbery, Ravishment, and the other Violences and Crimes abovementioned, or of one or other of them. As also, the said Mr. Robert Monro Minister, is guilty of celebrating a Clandestine Marriage: Which being found by the Knowledge of an Inquest, they aught to be punished by Confiscation of Life, Lands, Honours, and Goods, and other pains of Law, to the Example and Terror of others to commit the like in time coming.   

Follows the just Double of the Second Lybel or Indictment against the Frasers.  
THat where, by the Laws of this, and all other well governed Realms, the Crimes of Treason and Rebellion, and open Insurrection in Arms, as likewise of unlawful Leagues and Combinations, and the Convocating or Conveening of our Subjects in Arms, without the Warrant of our Authority, and the Occupying, Possessing, Stuffing, and Fortifying of Houses, and Fortifying of Houses and Forts with Armed Men, and other Provisions: As also the waylay, seizing, apprehending, and making free Subject's Prisoners, and detaining them by Violence in Bondage and Captivity, and treating them with all hardships, are punishable with Confiscation of Life, Lands and Goods: Likewise by the Act of Parliament, Ja. 1st. Par. 1st. Cap. 3d. It is Statute, That no Man openly Rebel against us, under the Pain of Forfeiture of Life and Goods: And by the Act of Parliament Ja. 2d. Par. 6th. Cap. 24th. It is Statute, That who commits Treason against our Person and Majesty, rises in Feir of War against us, resets and supplies such as have committed Treason, or Stuffs their Houses and holds them against us, or Stuffs Houses of their own in Furtherance of Rebels, shall be punished as Traitors. And by the Act of Parliament Queen Mary, Par. 9th. Cap. 75. It is Statute, That none attempt to do or raise any Bands of Men of War, upon Horse or Foot, with Culverings, Pistols, Picks, Spears, or other Munition Bellical, without special Licence in Writ of her Majesty and her Successors, under the Pain of Death to be execute upon the Raiser's of the saids Bands, as also upon them that rises and conveens in Bands. And by the Act, Ja. 6th. Par. 8th. Cap. 131. It is Statute, That none of our Subjects presume to Convocat, Conveen or Assemble for holding of Councils, to treat, consult, or determine in any Matter of State, Civil or Ecclesiastic, except in the ordinary Judgements, without our special Command or express Licence, under the Pains made against such as unlawfully Convocats our Liege's: And by another Act, Ja. 6th. Par. 10th Cap. 12th It is Statute, That no Leagues or Bands be made amongst our Subjects of any Degree, without our Privity and Consent, under the Pain to be holden and execute as Movers of Sedition to the Breach of the Peace. Which two last Acts are ratified, Ch. 2d. Par. 1st. Cap. 4th. And by the Act, Ch. 2d. Par. 1st. Cap. 5. It is Declared, That it is, and shall be High Treason to the Subjects of this Kingdom, or any number of them, more or lesle, upon any Ground or pretext whatsoever, to rise and continued in Arms, to maintain any Forts, strengths or Garrisons, or to make any Treaties or Leagues with Foreigners, or amongst themselves, without our special Authority and Approbation first had and obtained thereto. And by the Act, Ch. 2d. Par. 1st. Ses. 2d. Cap. 2d. It is statute and declared, That to plot, contrive, or intent to levy War, or to take up arms against us, or any Commissionat by us, is punishable as high Treason. Likeas, by the Act, Ch. 2d. Par. 2d. Cap. 11th. It is statute, That in time coming, in all Cases of Treasonable rising in Arms, and open and manifest Rebellion against us and our Authority, our Advocate for the time, may, and aught to insist, and prosecute such People, as he shall be ordered by us, and our Privy Council to pursue. And if they be cited, and do not appear, the Justices notwithstanding of their Absence, may, and aught to proceed to consider, and give Interlocutor upon the Libel: And if it be found relevant, admit the same to the knowledge of an Assize, and upon their Verdict, finding the same to be proven, the Doom and Sentence of Forfeiture aught to proceed, and be given in the same manner, as if the People accused had compeared, and were present. Which raising, convocating, and conveening in Arms, without, or against our Authority, with the other Crimes foresaid, are highly aggravated, and the Treason and Rebellion becomes yet more wicked and attrocious, when they are perpetrat by People under Process for former Treasons, and other capital and wicked Crimes, and after having been Charged in our Name by our Officers, or by a Herald thereto warranted, to lay down their Arms, and tender their People to abide the Law, under the pain of Rebellion. Likeas, to attempt to seize, and actually seize, and keep back by force and Violence, People cited, and under Bail, to appear before the Court of Justiciary, or any other Court or Judicature, to bear Witness, and give evidence, or for any other Cause or effect. As also, to extort by Force and Violence, Bonds, Declarations, or any other Writ or Paper from any one of our free Liege's, are likewise Crimes of a high nature, and aught to be severely punished. NEVERTHELESS, it is of verity, That the said Thomas and Simon Frasers, and the whole other persons above complained upon, shaking of all fear of God, and regard to our Laws and Authority, are guilty, airt and part, of the Crimes above, and after mentioned. In so far as the said Captain Simon Fraser and his Complices above named, being either already under a Process of Treason, or designing to frustrate the foresaid Process raised against others of their Accomplices, did upon the occasion that certain persons Witnesses, were to come, or be brought from Stratherick, and the bounds adjacent thereto, within the Shire of Inverness, for to give evidence in the said Process anent the Crimes of Treason, and others therein libelled, wickedly add to all their former Rebellions, and wicked horrid Crimes, their convocating and conveening in Arms of Men, to the Number of Two or Three hundred Men lesle or more; who appearing in an open Insurrection, and manifest Rebellion in Arms, did upon the fifteenth of June last bypast, the sixteenth, seventeenth, and eighteenth, or one or orher of the days of the said Month, March in feir of War, and open Hostility, against certain of our loyal Subjects, conveened by our Authority: And for furthering of Justice within the foresaid bounds of Stratherick, and others within the Shire of Inverness, and their invading and encompassing, threatening and overmastering them, did seize upon their People, and make them Prisoners, and violently keeped back such as were either cited, or under Bail, to appear and give Evidence and Witness in the Process abovementioned. As also, they extorted from our free Liege's, certain Bonds, Declarations and Writs, according to their own wicked Imaginations and Purposes: Likeas, that they might raise and promote their foresaid manifest Insurrection and Rebellion, they sent the fiery Cross through the Country (a sign and symbol used amongst them, to gather their Complices in Arms) for making Insurrection and Rebellions, and other unlawful Convocations: As also, they did place a Garrison in John Frasers House of Meiklegart in Stratherick, and in a word, have committed most manifest Treason and Rebellion by open rising in Arms against our Laws and Authority, and using Hostilities and Violences upon our good Subjects. By all which it is manifest, That the foresaids persons complained upon, or one or other of them, are guilty of the Crimes of open and manifest Rebellion in Arms, Treason, unlawful Convocations, Violent Imprisonment, and the hail other Crimes above libelled: Which being found by the knowledge of an Inquest, they aught to be condignly punished by the Forfeiture of Life, Lands, Honour, and Goods; to the Example and Terror of others to commit the like in time coming.   
This being the Libels and Inditements raised and pursued by his Majesty's Advocate, against the forenamed People, and the Criminal Letters, containing the same, with the Execution thereof by Pursuivants and Heralds, with Coats of Arms displayed, and sound of Trumpet, and other Solemnities appointed by Act of Parliament, having been duly returned to the Clerk of the foresaid Court of Justiciary, at the Days and Diets thereof: His Majesty's Advocate, after the Court was fenced, and that he had first given in the Order and Warrant of the Lords of his Majesty's Privy Council, for his pursuing of the foresaid Process of Treason, produced the criminal Letters of Treason duly execute; and the Pursuivant who execute the Letters, with his Witnesses being solemnly sworn, and having made faith upon the Truth of the Executions, his Majesty's Advocate 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, Mayor 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 Advocate, deserted the Diet as to certain other persons contained in the Indictment, and his Majesty's Advocate, 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, though 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 Assize.  
And the Assize consisting of fifteen People, being called and chosen out of the forty five People 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 not objection being moved against them, they were all lawfully sworn.  
And than his Majesty's Advocate produced for Probation the Letters abovementioned 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, tender up the houses by them stuffed and fortified, and to submit themselves, and enter their persons in Prison, in the Tolbooth of Inverness, to underly and abide the Law, within the space of Forty Eight Hours, under the pain of Treason and Rebellion, and denuncing them as such to the Horn. And also (in case of their Disobedience) commanding the Sheriff of Inverness, and all other his Majesty's Officers, and good Subjects, to rise, concur, and act in Arms in feir of War, for reducing the said Rebels and Traitors to Obedience, and to apprehended and bring them to underly the Law, as the saids Letters more fully bear, together with the Execution of the saids Letters, whereby it appeared, That the foresaid Defenders were both lawfully charged upon the 
            
       day of 
            
       And for their Disobedience and Contempt, duly denunced, and put to the Horn upon the 
            
       day of the said Month of 
            
       thereafter. And for the more Verification of the said Charge and Execution, his Majesty's Advocate did further adduce the Pursuivant 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, etc. 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 Majesty's Advocate 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 allege, 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 rendered 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 Outlawrie 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 Liege's; but the persons insisted against, not compearing, his Majesty's Advocate 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 College 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 though it was not to be expected, that Eleven Witnesses should depone uniformly against Twenty People, all engaged in a Treasonable Combination, and rising in Arms, consisting of several steps, Convocations, Rebellions, Meetings, Acts 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 lest two or three Witnesses to prove their Accession: And further, 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 seizing of the Prisoners. 3. The taking the House of Fanellan, and keeping the Prisoners under Guards therein. 4. The keeping Garrisons and Guards upwards of a Hundred Men in the House of Fanellan and Castledounie. 5. The raising of the Country by sending the fiery Cross, and making the Cry called the Coronoch pass thorough 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 Sentinels and Guards, and detatching of Parties. 8. Their marching with their Prisoners under Armed Guards thorough 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 seizing his Majesty's free Liege's, 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 Liege's, and those persons of Honour and Quality, the making and treating them as Prisoners with all severity, the threatening 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, thorough the most Barbarous and Mountainous places that can be imagined, and extorting from her, by the Extremities of Violence, such Write and Declarations, as they were pleased to demand: All these Aggravations were also proven by the foresaid Witnesses, at lest 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 Sentinels 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 Garrison of armed Men in the House. Depones, That he saw at Fanellan, about two or three days after the Lord Saltoun, etc. 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, etc. 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 Sentinels at the Gate, and that he saw Captain Simon Fraser about the same time there. Depones, He saw Sentinels sitting on the Treshold of my Lady's Chamber Door, and that they continued there for a Night, after which time, the Deponent went away. Depones, He saw Parties sent from Fanellan to Castledounie too and from 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 close 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 than 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 Sentinels 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 Forty 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 close to my Lord Saltoun and Lord Mungo, and assaulted them with bended Pistols, and commanded them to tender themselves Prisoners, My Lord Saltoun ask 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 threatening them, the Foot having Guns presented and Durks drawn, and the Horseman's Pistols cocked, and thereafter they were set on Country Horse in stead of their own, with Guards in Arms surrounding them, and carried them in that Posture to Fanellan, where they were made close Prisoners in several Rooms, and Sentinels put upon the Rooms, and a Guard keeped in the House, where they stayed four or five Nights. Depones, That immediately thereafter, he heard the Fiery Cross was sent through the Country, 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 Underleaders. 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 Sentinels 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 Forty Years, Married, Purged and Sworn, Depones, That in October last, the Deponent came to the House of Fanellan, where Captain Simon was with two or three hundred Men all Armed, who had conveened there upon a Fiery Cross, which was sent by Captain Simon's Order through the Country, 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 Sentinels 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 meant, he Answered, That it was to terrify 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 sand word through the Country, to raise the Fiery Cross, to warn the Country 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 College 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 tender, 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 sum 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 entreated the Deponent to persuade 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 Mungoes Liberation, and brought them back to Castledounie on Tuesday, to get my Lady's 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 Sentry set at my Lady's Door, and all the rest of the Sentries doubled; and the Deponent himself, after some time, was put under a Guard of Sentinels, 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 Christ's sake take me out of this place either dead or alive, and that he observed my Lady's Face all swollen, and she fell in a Sound 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 Mistress Mackbryar with Commission to repeat the same words to him, which she did. And the Deponent thinks Captain Simon had at lest 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 Bagpipe played about the same time, but knows not whether it was to drown the Voice, or not. And further 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 shunned, telling him, That my Lady did not desire to see him; and the Deponent replied, That it was not done like a Comerad; especially seeing 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 than carried her back again to a little House upon that Island: But the Deponent having asked at Mistress 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 heavy 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 Herald, 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 Sentinels 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, Mistress Mackbryar, Mistress Janet Fraser, and the Deponent out of her Room, and made them Prisoners in another Room, That about two of the Clock in the Morning, two armed Men came, and carried the Deponent back to the Lady's Chamber, where she did see the Lady sitting on the Ground, her Hair hanging down about her Head, leaning backward upon the Bed-stock; That one Donald Beaton was pulling of my Lady's Shoes, and Captain Simon was holding Aquavitae and burnt Feathers to her Nose, because she was than in a swarf; that thereafter they commanding the Deponent to take of my Lady's Shoes, and when she offered so to do, my Lady spurned her away with her feet, showing her unwillingness; That the Deponent refusing to take of her Clotheses, Captain Simon ordered to beaten her; that Fraser of Kinmonavie did than hold up the Lady in his Arms, and Captain Simon pulled of 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 cut her Stays with his Durk; and than they threw the Lady upon the Bed: But the Deponent saying that she would take of 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 of, and commanded to put the Deponent out of the Room; and than they turned the Lady upon her Face, and stretched out her Arms, and so took of 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 Bagpipe 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 hung 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 Daylight. 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 cried: 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 than 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, though 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 immediately 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 Sentries set on my Lady's Chamber-door, the Deponent and Mistress 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 Clotheses, 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 Writ.  
Likeas Christian Macklain, late Servitrix to James Fraser of Relict, did likewise in her Deposition agreed 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 shame 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 Bagpipes playing, and yet she heard my Lady's Voice so loud, that the Sound of the Bagpipe did not drown her Voice. Depones, That she saw Kinmonavie drawing a Durk from one of the Sentries 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 herself 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 People insisted against, all in Arms, and saw a great many more 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 Writ. Sic Subscribitur, Thomas Fraser.  
All which Depositions, as to the Sentries set within, and without the Lady's Chamber, and the Violence than done her, and the playing of the Bagpipe to suppress her Cries, 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 Advocate did also produce, and lay before the Assize, the principal Letters mentioned in the first Libel, Writ 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 Assize did return their Verdict, bearing, That they all in one Voice did found the Libel, with the Aggravations thereof, as the same was restricted by the Interlocutor of the Lords, clearly proven against the said Captain Simon Fraser, and the other People insisted against in absence, as said is.  
After opening and reading of which Verdict of Assize, the Lords Justice General, Justice Clerk, and Commissioners of Justiciary, in respect thereof, Discerned and Adjudged the said Captain Simon Fraser, and the whole People 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, Steeding, 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 than 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 lest Scruple or Doubt, as to the orderly Procedure, and just Issue of this Trial.  
It may possibly occur, that all the foresaid Convocations, Meetings and Acts in Arms, were only upon the Occasion of a pretended private Quarrel, and not designed against His Majesty and his Government. And further, that the foresaids People found guilty, did several times openly declare, That from all their Bonds and Engagements to maintain and stand by one another, the King was expressly 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 lesle, upon any Ground or Pretext whatsoever, to rise and continued in Arms, to maintain Forts or Garrisons, 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 People aught first to consider, that the People found guilty, were the Chief Ringleaders in all the Steps of the foresaid Rebellion, and Barbarous Outrages, and who forced others to take Arms.  
As also they aught to reflect, that several Hundreds whom the Law reaches, are nevertheless past by and overlooked, and the foresaid People only insisted against, as necessary Examples to restrain such Lawless and Pernicious Practices; And that though the foresaid twenty People be condemned, for the Indispensible Maintaining of His Majesty's just Authority, and Repressing and Kerbing the Madness of such Heady Desperate Traitors: Yet the Estate and interest of all of them taken complexly, are not worth Fifty Pound Sterling by Year; nor are they in the lest valuable as to the Peace of the Kingdom, it being known, that the greatest part of them were Thiefs and Murderers, and so glad of any pretence to continued their Lawless Practices, and keep themselves out of the Hands of Justice.  
Some few Months after the foresaid Trial, the saids Hugh Fraser alias Hutcheon Oig, and John Fraser younger of Migavie, two of the Convict People abovenamed, 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 People of their Names and Designations, which judicial Acknowledgement 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 than absent: And they being now brought before the Lords, to hear the time, Place, and Manner of the Execution appointed, the Lords of Justiciary Discerned and adjudged the said Hugh and John Frasers to be taken to the Cross of Edinburgh, upon the fourth of August thereafter, betwixt two and four a Clock in the Afternoon, and there to have their Heads severed from their Bodies.  
It being certain, that there is a Remission under his Majesty's Royal Hand, which is appointed to pass the great Seal per Saltum: It is thought necesary to publish some Paragraphs of two of his Letters, containing dangerous Insinuations against his Majesty, and most Villainous Expressions concerning the late Queen of Blessed Memory, for satisfying all his Majesty's loving Subjects, how unworthy the said Captain Fraser is of his Majesty's Pardon; The true Copy of the saids Paragraphs, whereof the Principals are ready to be produced, is hereto subjoined.  
Beaufort 12 January 1695.  
Tell Sir Robert, That I hope he'll pledge me a Bumper that I am drinking to Q. M. Dredgie.  
Sic subscribitur, Sim. Frazer.  
Direct to Thomas Frazer.  
A Paragraph of another Letter.  
Beaufort 12 January 1695.  
I doubt not you will be in mourning for Queen Mary, but I am resolved to buy none till K. W. die, which perhaps may serve for the next Summer Sure; and I hope you will give me a Hat and Gloves for it.  
Sic subscribitur, Simon Frazer.