Act, 15 January 1702, Edinburgh

Procedure, 24 December 1702, Edinburgh

Att Edinburgh the Fifteinth day of January Jaj viic and two years

A1702/1/121

Act

Act Commuting the Sentance against Allaster More from Death to Banishment

Anent a Petition given in and presented to the Lords of his Majesties privy Councill be Alexander Mcdonald alias Allaster More Shewing That the petitioner being condemned to die on the 23d Instant by the Commissioners of Justiciary for the Northern district The petitioner Seing the Same wes approven by the Saids Lords But did humbly begg and Supplicat, That the saids Lords would be pleased to extend that pittie and Mercie to the petitioner which the saids Lords hade formerly done to others as great Criminalls as the petitioner Since the happy revolution And to excite the Saids Lords Clemencie and Compassion The petitioner most earnestly beseech the Saids Lords would be pleased to Consider first the missfortune of the petitioners education haveing been hitherto brought up in great Ignorance; And that Notwithstanding therof his greatest enemies hade not hitherto nor could they Accuse the petitioner of blood, Murder or any Such barbaratie; But that any crimes or Irregularities the petitioner hade been guilty off, Hade proceeded aither from Necessitie or his blind Complyance with and following those on whom the petitioner depended /2o/ The petitioner did Still flatter himself with hopes of Safety Because the Commissioners did contrair to the saids Lords order (as the petitioner conceived) Sentance the petitioner to be execute against a precise determinat time; Notwithstanding of the saids Lords act and order intimate to them to Sist execution untill the process were laid before the Saids Lords and furder orders given theranent; Wherby the petitioner have not hade these due and Serious thoughts of death and Eternity, which were necessary for the petitioner in his condition, And wes then most unfitt and unprepared to dye, Especially Seing ther was no Minister upon the place to exhort him that could Speak his oun language Wherby the petitioner was at present a Singular object of the Saids Lords Clemancy and pittie And Therfore most earnestly intreating the Saids Lords for his Savior Jesus Christs Sake to take his Lamantable condition to their Serious consideration; and aither Mittigat and Change his Sentance of death to banishment perpetuall Imprisonment or what else the Saids Lords Should think fitt under the Severest penalty of death in caice the petitioners Should contraveen or returne to this kingdome Or at Least that the saids Lords would be pleased (out of pitie and regaird to his future State and condition) To grant him a reprive for such a Competent time As the saids Lords Should think fitt that he might the better prepair and dispose himself to die And the petitioner for his long life and happines to his Sacred Majestie and the Saids Lords, and all prosperity to the Government Shall ever pray As the said petition bears The Lords of his Majesties privy Councill haveing Considered the above petition presented to them by Alexander Mcdonald alias Alaster More with the former interloquitor of Councill past upon the eight day of January Current for puting the Sentance of Death pronunced by the Commissioners of Justiciary for the Northern district of the Highlands against the said Alexander Mcdonald alias Allaster More in execution upon the twentie thrid day of this present moneth of January; The Saids Lords of his Majesties privy Councill Have Commuted and Changed and hereby Commutes and Changes the Said Sentance of Death pronunced by the saids Commissioners of Justiciary for the Northern district and appointed to have been execute by the forsaid order of privy Councill from the paines of death and Have Revocked and hereby Revock and discharge the Said former order of privy Councill of the date the Eight day of January Current from takeing effect and being put to executione And have Discharged and hereby Discharges the Saids Magistrates of Aberdeen from putting of the Said Sentance of death pronunced against the Said Alexander Mcdonald alias Allaster More upon the forsaid processes before the Said Commissioners of the Highland Justiciary and mentioned in the Said order of privy Councill to any executione upon the day forsaid or at any time hereafter And the Saids Lords of his Majesties privy Councill Nevertheless hereby Requyre and Command the Saids Magistrates of Aberdeen and keepers of their prison; to hold keep and detaine the person of the said Alexander Mcdonald alias Allaster More prisoner in sure ward firmance and safe Custody within their Tolbooth as they will be answerable untill they shall receive the furder orders of the saids Lords of his Majesties privy Councill thereanent Sic Subscribitur Marchmont Cancellar, Melvill P. Annandale. Lauderdale. Loudoun, Northesk. Tarbat. Montgomry, Lodovick Grant.

Att Edinburgh the Fifteinth day of January Jaj viic and two years

A1702/1/121

Act

Act Commuting the Sentance against Allaster More from Death to Banishment

Anent a Petition given in and presented to the Lords of his Majesties privy Councill be Alexander Mcdonald alias Allaster More Shewing That the petitioner being condemned to die on the 23d Instant by the Commissioners of Justiciary for the Northern district The petitioner Seing the Same wes approven by the Saids Lords But did humbly begg and Supplicat, That the saids Lords would be pleased to extend that pittie and Mercie to the petitioner which the saids Lords hade formerly done to others as great Criminalls as the petitioner Since the happy revolution And to excite the Saids Lords Clemencie and Compassion The petitioner most earnestly beseech the Saids Lords would be pleased to Consider first the missfortune of the petitioners education haveing been hitherto brought up in great Ignorance; And that Notwithstanding therof his greatest enemies hade not hitherto nor could they Accuse the petitioner of blood, Murder or any Such barbaratie; But that any crimes or Irregularities the petitioner hade been guilty off, Hade proceeded aither from Necessitie or his blind Complyance with and following those on whom the petitioner depended /2o/ The petitioner did Still flatter himself with hopes of Safety Because the Commissioners did contrair to the saids Lords order (as the petitioner conceived) Sentance the petitioner to be execute against a precise determinat time; Notwithstanding of the saids Lords act and order intimate to them to Sist execution untill the process were laid before the Saids Lords and furder orders given theranent; Wherby the petitioner have not hade these due and Serious thoughts of death and Eternity, which were necessary for the petitioner in his condition, And wes then most unfitt and unprepared to dye, Especially Seing ther was no Minister upon the place to exhort him that could Speak his oun language Wherby the petitioner was at present a Singular object of the Saids Lords Clemancy and pittie And Therfore most earnestly intreating the Saids Lords for his Savior Jesus Christs Sake to take his Lamantable condition to their Serious consideration; and aither Mittigat and Change his Sentance of death to banishment perpetuall Imprisonment or what else the Saids Lords Should think fitt under the Severest penalty of death in caice the petitioners Should contraveen or returne to this kingdome Or at Least that the saids Lords would be pleased (out of pitie and regaird to his future State and condition) To grant him a reprive for such a Competent time As the saids Lords Should think fitt that he might the better prepair and dispose himself to die And the petitioner for his long life and happines to his Sacred Majestie and the Saids Lords, and all prosperity to the Government Shall ever pray As the said petition bears The Lords of his Majesties privy Councill haveing Considered the above petition presented to them by Alexander Mcdonald alias Alaster More with the former interloquitor of Councill past upon the eight day of January Current for puting the Sentance of Death pronunced by the Commissioners of Justiciary for the Northern district of the Highlands against the said Alexander Mcdonald alias Allaster More in execution upon the twentie thrid day of this present moneth of January; The Saids Lords of his Majesties privy Councill Have Commuted and Changed and hereby Commutes and Changes the Said Sentance of Death pronunced by the saids Commissioners of Justiciary for the Northern district and appointed to have been execute by the forsaid order of privy Councill from the paines of death and Have Revocked and hereby Revock and discharge the Said former order of privy Councill of the date the Eight day of January Current from takeing effect and being put to executione And have Discharged and hereby Discharges the Saids Magistrates of Aberdeen from putting of the Said Sentance of death pronunced against the Said Alexander Mcdonald alias Allaster More upon the forsaid processes before the Said Commissioners of the Highland Justiciary and mentioned in the Said order of privy Councill to any executione upon the day forsaid or at any time hereafter And the Saids Lords of his Majesties privy Councill Nevertheless hereby Requyre and Command the Saids Magistrates of Aberdeen and keepers of their prison; to hold keep and detaine the person of the said Alexander Mcdonald alias Allaster More prisoner in sure ward firmance and safe Custody within their Tolbooth as they will be answerable untill they shall receive the furder orders of the saids Lords of his Majesties privy Councill thereanent Sic Subscribitur Marchmont Cancellar, Melvill P. Annandale. Lauderdale. Loudoun, Northesk. Tarbat. Montgomry, Lodovick Grant.

1. NRS, PC1/52, 333-5.

1. NRS, PC1/52, 333-5.