Act, 14 August 1702, Edinburgh

Procedure, 24 December 1702, Edinburgh

Att Edinburgh The Fourteinth day of August Jaj viic and two years. Called Extraordinary

A1702/8/171

Act

Act The Earle Marishall anent Allaster More

Anent the petition given in to the Lords of her Majesties privy Councill be William Earle Marishall Shewing That the Saids Lords haveing been pleased by their interloquitor of the twenty thrid of July last to Comute the Sentance of Death pronounced against Alexander Mcdonald alias Alaster More into perpetuall banishment on his finding Caution for fyve hundred pounds Sterling that he Should transport himself out of her Majesties dominions and never returne to the same under the paine of death, And Seing the petitioner haveing now become Cautioner for the said Alaster More under the forsaid penalty in the termes of the Saids Lords interloquitor Wherby the petitioner was concerned to take care of his being transported; And it being necessary for that effect that a Competent time be allowed and he brought and keept prisoner in this place wher most frequent occassiones could be hade to cary him abroad; and the petitioner being willing to run the hazard of his transportation hither, And detaineing of him untill ane Occasion offer And Therfore Humbly Craveing the Saids Lords would be pleased to grant warrant to the magistrates of Aberdeen to delyver the persone his order That he might be brought to the Tolbooth of Edinburgh and their keept untill he be sent abroad And that the Saids Lords would Discharge any warrant granted by her Majesties advocat for arreisting of him on a Suggestion of Treason In regaird the Same was past from by his Lordship As also that the Saids Lords would allow him to be transported any time betwixt and the first of January nixt As the said petition bears. The Lords of her Majesties privy Councill Haveing heard and Considered the above petition presented to them by William Earle Marishall And haveing Likewayes Considered a former interloquitor and delyverance granted by them upon a petition presented by Alexander McDonald alias Alaster More upon the Sixteinth day of July Last; Wherby the Sentance of Death past upon the Said Alaster More wes Commuted and Changed to his being banished furth of her Majesties Dominions and to deport furth of the Same betwixt and the first day of January nixt to come; And that her Majesties advocat hade Since the Said interloquitor Changing the forsaid Sentance of Death into Banishment given order to the magistrats of Aberdeen to keep and detaine the said Alexander Mcdonald alias Alaster More prisoner in their Tolbooth till he Should answer to ane accusation for the crime of Treason at her Majesties advocats instance against him The Saids Lords of her Majesties privy Councill Revock and recall the forsaid order given by her Majesties advocat And notwithstanding therof Allow and requyre the Magistrats of the said burgh of Aberdeen and keeper of their Tolbooth to delyver the persone of the said Alexander Mcdonald alias Alaster More to the said William Earle Marishall or any haveing his order in wryting to be by him brought in safe Custody as a prisoner from Aberdeen to the burgh of Edinburgh to be Committed prisoner to the Tolbooth of the said burgh, Their to be keeped and detained in sure firmance and custody, and the Magistrats of the said burgh of Edinburgh and the keeper of their Tolbooth are hereby requyred to receive and detaine him prisoner in their Tolbooth untill he shall be caried thence and Shiped aboard of any Ship which Shall carie him furth of her Majesties dominions betwixt and the first day of January nixt.
That he shall be a true prisoner at Aberdeen dureing his abode ther and in the Tolbooth of Edinburgh and upon the road in passing from Aberdeen to Edinburgh and shall neither run away or make his escape upon the said road or furth of any of the saids Tolbooth, But be and continue a leill and true prisoner therin2 untill he shall be Shyped aboard and depart furth of her majesties dominions betwixt and the day forsaid under the paine and penalty of Fyve hundred pounds Sterling in caice he shall transgress any part of the premisses.

Att Edinburgh The Fourteinth day of August Jaj viic and two years. Called Extraordinary

A1702/8/171

Act

Act The Earle Marishall anent Allaster More

Anent the petition given in to the Lords of her Majesties privy Councill be William Earle Marishall Shewing That the Saids Lords haveing been pleased by their interloquitor of the twenty thrid of July last to Comute the Sentance of Death pronounced against Alexander Mcdonald alias Alaster More into perpetuall banishment on his finding Caution for fyve hundred pounds Sterling that he Should transport himself out of her Majesties dominions and never returne to the same under the paine of death, And Seing the petitioner haveing now become Cautioner for the said Alaster More under the forsaid penalty in the termes of the Saids Lords interloquitor Wherby the petitioner was concerned to take care of his being transported; And it being necessary for that effect that a Competent time be allowed and he brought and keept prisoner in this place wher most frequent occassiones could be hade to cary him abroad; and the petitioner being willing to run the hazard of his transportation hither, And detaineing of him untill ane Occasion offer And Therfore Humbly Craveing the Saids Lords would be pleased to grant warrant to the magistrates of Aberdeen to delyver the persone his order That he might be brought to the Tolbooth of Edinburgh and their keept untill he be sent abroad And that the Saids Lords would Discharge any warrant granted by her Majesties advocat for arreisting of him on a Suggestion of Treason In regaird the Same was past from by his Lordship As also that the Saids Lords would allow him to be transported any time betwixt and the first of January nixt As the said petition bears. The Lords of her Majesties privy Councill Haveing heard and Considered the above petition presented to them by William Earle Marishall And haveing Likewayes Considered a former interloquitor and delyverance granted by them upon a petition presented by Alexander McDonald alias Alaster More upon the Sixteinth day of July Last; Wherby the Sentance of Death past upon the Said Alaster More wes Commuted and Changed to his being banished furth of her Majesties Dominions and to deport furth of the Same betwixt and the first day of January nixt to come; And that her Majesties advocat hade Since the Said interloquitor Changing the forsaid Sentance of Death into Banishment given order to the magistrats of Aberdeen to keep and detaine the said Alexander Mcdonald alias Alaster More prisoner in their Tolbooth till he Should answer to ane accusation for the crime of Treason at her Majesties advocats instance against him The Saids Lords of her Majesties privy Councill Revock and recall the forsaid order given by her Majesties advocat And notwithstanding therof Allow and requyre the Magistrats of the said burgh of Aberdeen and keeper of their Tolbooth to delyver the persone of the said Alexander Mcdonald alias Alaster More to the said William Earle Marishall or any haveing his order in wryting to be by him brought in safe Custody as a prisoner from Aberdeen to the burgh of Edinburgh to be Committed prisoner to the Tolbooth of the said burgh, Their to be keeped and detained in sure firmance and custody, and the Magistrats of the said burgh of Edinburgh and the keeper of their Tolbooth are hereby requyred to receive and detaine him prisoner in their Tolbooth untill he shall be caried thence and Shiped aboard of any Ship which Shall carie him furth of her Majesties dominions betwixt and the first day of January nixt.
That he shall be a true prisoner at Aberdeen dureing his abode ther and in the Tolbooth of Edinburgh and upon the road in passing from Aberdeen to Edinburgh and shall neither run away or make his escape upon the said road or furth of any of the saids Tolbooth, But be and continue a leill and true prisoner therin2 untill he shall be Shyped aboard and depart furth of her majesties dominions betwixt and the day forsaid under the paine and penalty of Fyve hundred pounds Sterling in caice he shall transgress any part of the premisses.

1. NRS, PC1/52, 445-6.

2. The word ‘till’ scored out here.

1. NRS, PC1/52, 445-6.

2. The word ‘till’ scored out here.