Warrant, 21 December 1699, Edinburgh

Att Edinburgh The Twelfth day of September J^aj v^ic nynty nyne years

A1699/9/7

A1699/9/7¹

Act

Act Commuteing the Sentence of Death pronunced against David Chapman to Banishment

Anent the Petition given in To the Lords of his majesties privy Councill By David Chapman prisoner in the Tolbooth of Creiff Shewing, That their Petitioner having the Burden of a numerous family and Being under Extream penury want and distress and therby unable To Subsist and maintain himself and them, in this time of great scarcity and dearth was tempted to break into ane house and barn and to pilfer and carry thence some cheese and fifty shilling scots of money and a Sugar Loaf which he lighted upon in the place and carryed away for the present Releif and sustenance of his poor family, For which Being the next day apprehended he did voluntarly confess his crime and restored the goods, But being brought upon his tryall before the Commissioners of Justiciary att Creiff and having their Renewed and adhered to his Former Confession, He was therupon without any other probation by the plurality of ane vote condemned to dy and Sentenced to be Execute upon the Twenty First of this moneth of September, And albeit he does acknowledge the Justice of the forsaid sentence, and the righteous Judgement of God upon the forsaid sentence, yett many of the Commissioners themselves, Being satisfied he should apply to their Lordships, To have the sentence of death changed Into Banishment, And it is hoped some of their Lordships own number will Recomend his caice to their Lordships For that Effect, And Therfore Humbly craving their Lordships in Consideration of the premises To change the sentence of death pronunced against him into Banishment in the Forraign plantationes, never to return under the pain of Having the same Execute against him, and in the mean tyme to discharge the putting the forsaid sentence of death To Execution, as the said petition bears. The Saids Lords of his majesties privy Councill Haveing considered this petition given in to them be the within David Chapman, They doe heirby commute the sentence of death pronunced against the Petitioner by the Commissioners of Justiciary For the Highlands from death, to scourging and banishment And discharges the putting the said sentence of death to Execution against him, in time coming, And decernes and ordains the said David Chapman to be Transported from the said prison of Creiff To the prison or tolbooth of Perth and upon the day of his Transportation To be Scourged by the comon Executioner Through the said Town of Perth, And ordains The magistrats of Perth to see the same done, And ordains him to Continue therin prisoner untill a Ship be going from this Kingdom, And They have Banished and heirby Banishes him to his Majesties plantationes in America, And ordains him to be Shipped in the First Ship going from this to the said plantationes, and discharges him to Return within his Majesties Dominions at any time hereafter without his Majestie or the privy Councill their warrant for that Effect under the pain of Haveing the forsaid sentence of Death put to Execution against him without mercy or furder delay, and the Councill doe heirby appoint and Recomends to the Lords and others Commissioners of his Majesties Justiciary in the Highlands pronuncers of the forsaid sentence of death to see the said sentence as it is now commuted and changed put to Execution and punctually observed in all points as to Banishment and see him shiped. Sic Subcsribitur. Marchmont Cancellar, Argyll, Mar, Crafurd, Lothian, Loudoun, Seafield, Polwarth, Forbes, James Stewart. Arc: Murray.