Act, 16 June 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Sixteint Day off Junij Jaj vjc nyntie tuo years

A1692/6/601

Act

Repryve Halyburtoun and Fraser

Anent the petition given in to the Lords of there majesties privie Councill be Alexander Halyburtoun and William Fraser prisoners in the tolbooth of Edinburgh Shewing That where the petitioners haveing been accused befor the Lords of Justiciarie as haveing accession to the surpryzeing of the Bass and for there other crymes relative thereto mentioned in there Lybell And for which upon there Judiciall acknowledgement they were convict by the verdict of ane Inqueist and sentenced to dye And which sentence wes to have been putt in executione upon the tuentie fyfth day of Maij Last And the petitioners haveing made severall former representationes of there case shall forbear now to give there Lordships any further trouble in a new repetitione thereof save that by reasone of the particular Circumstances that attended the same and of there Judiciall2 submissione to his Royall majestie There Lordships were not only graciously pleased to prorogate the execution of the said sentence till the first day of Jully next But were Lykewayes pleased to recomend to the Lord Chancellour to transmitt the state of the petitioners case to the Lord Secretary In order to the petitioners obtaining remissions for there saids crymes out of his sacred majestyes Clemencie and goodnes And accordingly the petitioners are Informed that his Lordship hes sent up a representatione of the petitioners And hes allowed the supplicants to apply for remissiones as aforsaid which the petitioners as poor prisoners doe acknowledge with all the thankfull resentments in there power to be ane act equally pious and Just in the saids Lords And in regaird that His majesty for the present is abroad in Flanders upon the great and weightie effairs of the natione upon the heid of his army And so its presumed cannot for a Competent tyme vaick or have Leasure to consider the petitioners particular case And the petitioners out of the sense and experience of the saids Lords there former goodnes And that Its Impossible they can expect a returne from Flanders of His majestyes Royall pleasure anent the petitioners condition Betuixt and the said first Frydday of Jullij are Encouraged of new to apply to the saids Lords for a further prorogatione as to the execution of the sentence of death againest the petitioners And Because His majesties conveniencie in the present pressure of effairs as to the tyme of a returne Cannot be particularly Condescended upon Therefore Humbly Craveing That there Lordships will not only be pleased to grant the petitioners a further repryve as a forsaid But if their3 Lordships shall think fitt That the same may be Indefinite as to any day untill his majestyes Royall pleasure be known in the premises or at Least to such a Long competent tyme as may be presumed sufficient to get a returne from his majestie after full consideration of the petitioners particular cases As the said petitione bears The Saids Lords of there Majestyes privie Councill haveing considered this petition given in to them be the above Alexander Halyburton and William Fraser They hereby Repryve the petitioners from the sentence of death proununced againest them be the Lords Commissioners of [Justiciary] And discharges the Magistrats of Edinburgh or any others to putt the same to execution untill His majesties pleasure is known in this matter And appoints Intimation hereof to be made to the saids magistrats.

At Edinburgh 16 June 1692

A1692/6/601

Act

Reprieve for Halyburton and Fraser

Concerning the petition given in to the lords of there majesties’ privy council by Alexander Halyburton and William Fraser, prisoners in the tolbooth of Edinburgh, shewing that where the petitioners, having been accused before the lords of justiciary as having accession to the surprising of the Bass and for their other crimes relative thereto mentioned in their libel, and for which upon their judicial acknowledgement they were convicted by the verdict of an inquest and sentenced to die, and which sentence was to have been put in execution upon 25 May last, and the petitioners having made several former representations of their case shall forbear now to give their lordships any further trouble in a new repetition thereof save that by reason of the particular circumstances that attended the same and of their judicial submission to his royal majesty, their lordships were not only graciously pleased to postpone the execution of the said sentence till the 1 July next but were likewise pleased to recommend to the lord chancellor to transmit the state of the petitioners’ case to the lord secretary in order to the petitioners’ obtaining remissions for their said crimes out of his sacred majesty’s clemency and goodness; and accordingly the petitioners are informed that his lordship has sent up a representation of the petitioners and has allowed the supplicants to apply for remissions as aforesaid, which the petitioners as poor prisoners acknowledge with all the thankful expressions in their power to be an act equally pious and just in the said lords; and in regard that his majesty for the present is abroad in Flanders upon the great and weighty affairs of the nation at the head of his army and so it is presumed cannot for a competent time stop or have leisure to consider the petitioners’ particular case, and the petitioners out of the sense and experience of the said lords their former goodness and that it is impossible they can expect a return from Flanders of his majesty’s royal pleasure concerning the petitioners’ condition before the said first Friday of July, are encouraged of new to apply to the said lords for a further postponement of the execution of the sentence of death against the petitioners, and because his majesty’s convenience in the present pressure of affairs as to the time of a return cannot be particularly condescended upon, therefore humbly craving that their lordships will not only be pleased to grant the petitioners a further reprieve as aforesaid, but if their lordships shall think fit, that the same may be indefinite as to any day until his majesty’s royal pleasure is known in the premises or at least to such a long competent time as may be presumed sufficient to get a return from his majesty after full consideration of the petitioners’ particular cases, as the said petition bears. The said lords of their majesties’ privy council, having considered this petition given in to them by the above Alexander Halyburton and William Fraser, they hereby reprieve the petitioners from the sentence of death pronounced against them by the lords commissioners of [justiciary] and discharge the magistrates of Edinburgh or any others to putt the same to execution until his majesty’s pleasure is known in this matter, and they appoint intimation hereof to be made to the said magistrates.

1. PC1/48, 265-6.

2. The word ‘Confessiones’ is scored out here.

3. Inserted above the line.

1. PC1/48, 265-6.