Scottish Privy Council Records

Att Edinburgh the Tenth day of Apryll 1705 Councill extraordinary

A1705/4/12¹

Act

Act Commouting the Sentence of death Against Barbara Tanahill to Banishment

Anent the petition given in and presented to the Lords of her Majesties privie Councell by Barbara Tannahill of the Parishine of Libbertoun condemned for Incest. Shewing that her Sister having been married to James Drysdale in the said parish after her decease I lived alone with him in the house which was the occasion of our Sin and transgression, And the petitioner falling with child upon examination She freely confessed, he was the father of it, but withall told how that in a maner he had forced her, And they being both conveened befor the Lords of Justiciary, She adheared befor ther lordships and the assyse to her confession once and again, albeit at the same tyme he obstinatly denyed all, And now Seeing the petitioners Sentence to dy the Last wednsday of this moneth, doth only proceed upon her own confession, which yet she qualified with the tentation of ther being alone in the house, and of his useing force and constraint, and that the incest is only inferred from ther collaterall relation and in poynt of affinity, And that the Judges have also Shewed great Commissration of the petitioners case, And therfor humbly craveing it might please ther lordships wpon consideration of the premisses to commiserat the petitioners Sad condition and to commute her Sentence from death to banishment, or any other pain ther lordships should be pleased to inflict, or at least to repryve her to a longer day that the matter may be perfectly understood, As the said petition bears, The Lords of her Majesties Privie Councell haveing considered the petition given in to them By Barbara Tannahill in the parishine of Libbertoun, Condemned for Incest, And the Samen being read in ther presence, The Saids Lords have Commuted, and Changed, and heirby Commutes and Changes the Sentence of death pronounced against the said Barbara Tannahill To Banishment furth of this kingdome And have discharged and heirby discharges the Sentence of death pronounced against her by the Commissioners of Justiciary, To be putt to any further execution against her upon the accompt forsaid; And in place therof have Banished and heirby Banishes the said Barbara Tannahill furth of this kingdome, And have discharged and heirby discharges her ever to returne therto, under the pain of death, And appoynts the Magistrats of Edinburgh and keepers of ther Tollbooth to Sett the person of the said Barbara Tannahill at liberty furth of the Same, Wpon her enacting herselfe in the books of privie Councell that She Shall depairt furth of this kingdome, and not therto under the pain of death, and that She Shall depairt furth therof as said is, betwixt and the fyfteinth day of May nixt to come Sic Subscribitur Seafeild Cancellar. Lauderdale. Belcarres. Roseberie. George Baillie. F Montgomrie. James Steuart. Buchan. Loudoun.

At Edinburgh 10 April 1705. Council extraordinary

A1705/4/12¹

Act

Act commuting the sentence of death against Barbara Tanahill to banishment

Concerning the petition given in and presented to the lords of her majesty’s privy council by Barbara Tannahill of the parish of Libberton condemned for incest, showing that her sister, having been married to James Drysdale in the said parish, after her decease I lived alone with him in the house, which was the occasion of our sin and transgression, and the petitioner falling with child, upon examination she freely confessed, he was the father of it, but also told how that in a manner he had forced her, and they being both convened before the lords of justiciary, she adhered before their lordships and the assize to her confession once and again, albeit at the same time he obstinately denied all. And now seeing the petitioner’s sentence to die the last Wednesday of this month does only proceed upon her own confession, which yet she qualified with the temptation of their being alone in the house, and of his using force and constraint, and that the incest is only inferred from their collateral relation and in point of affinity, and that the judges have also showed great commiseration of the petitioner’s case, and therefor humbly craving it might please their lordships, upon consideration of the premises, to commiserate the petitioner’s sad condition and to commute her sentence from death to banishment, or any other pain their lordships should be pleased to inflict, or at least to reprieve her to a longer day that the matter may be perfectly understood, as the said petition bears. The lords of her majesty’s privy council having considered the petition given in to them by Barbara Tannahill in the parish of Libberton, condemned for incest, and the same being read in their presence, the said lords have commuted, and changed, and hereby commute and change the sentence of death pronounced against the said Barbara Tannahill to banishment forth of this kingdom. And have discharged and hereby discharge the sentence of death pronounced against her by the commissioners of justiciary to be put to any further execution against her upon the account foresaid. And in place thereof have banished and hereby banish the said Barbara Tannahill forth of this kingdom, and have discharged and hereby discharge her ever to return thereto, under the pain of death. And appoint the magistrates of Edinburgh and keepers of their tolbooth to set the person of the said Barbara Tannahill at liberty forth of the same, upon her enacting herself in the books of privy council that she shall depart forth of this kingdom, and not [return] thereto under the pain of death, and that she shall depart forth thereof as said is, between [now] and 15 May next to come. Sic Subscribitur Seafield chancellor, Lauderdale, Balcarres, Roseberry, George Baillie, Francis Montgomerie, James Stewart, Buchan, Loudoun.

1. NRS, PC1/53, 386.