Act, 27 December 1694, Edinburgh

Att Edinburgh the sixteenth day of January J^aj vi^c nyntie four years

A1694/1/26

A1694/1/26¹

Act

[Banishment William Aird]

Anent the petitione given In to the Lords of their Majesties privie Councell Be Collonell John Buchan Sheuing That wheras William Aird souldier in the petitioners regiment sometyme agoe was sentenced to death for the slaughter of a woman in Leith And from tyme to tyme repryved by the saids Lords upon Consideratione that the slaughter was accidentall and that the poor man deserved pitty and Compassione and tyme to apply for his Majesties royall Grace and pardon which accordingly being done to both Secretaries they seem unwilling to Give the King any trowble uithout the consent of the freinds (which could not be expected uithout money wherof the souldier was destitute) And therfore advysed the petitioner to apply to the saids Lords to have the sentence of death changed to that of banishment wherby the man uill be saved and noe occasione of offence remaine And therfore Humbly Supplicating the saids Lords uould be pleased so to alter the said sentence and allow the petitioner to putt it in executione in Carrying him allong uith his regiment that was lyke to Goe out of Scotland as the said petitione Bears The Lords of their Majesties privie Councell having Considered the above petitione Given in Be Collonell Buchane for the said William Aird They heirby alter the sentence of Death pronunced against the said William Aird to Banishment And discharges the putting the said sentence of death to executione Against him And have banished and heirby Banishes the said William Aird furth of their Majesties dominiones And discharges him to returne therto under the paine of Death to be execute Against him uithout mercy And appoyntes the said William Aird to Continow prisoner untill some of their Majesties forces be transported from this to Flanders And ordaines the Magistrats of Edinburgh and Keeper of their tolbooth to delyver him to Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this Kingdome or any officer In their Majesties forces whom he shall appoynte to be by him transported furth of their Majesties dominiones as a souldier In any place of their Majesties regiments In respect he hes Inacted himself in the books of privie Councell That he shall depart furth of their Majesties dominiones and never returne therto under the paine of death to be execute Against him uithout mercy By putting the said former sentence pronunced against him to executione And that he shall goe abroad as a souldier in any regiment of their Majesties forces uith any officer that the said Sir Thomas Livingstoune shall appoynte sic subscribitur Tueeddall cancel: JpD Linlithgow Annandall Tarbat Beilhaven William Master of Forbess James Steuart John Lauder Thomas Livingstoune