Act, 18 June 1706, Edinburgh

Procedure: committee formed, 28 December 1706, Edinburgh

Att Edinburgh the Eighteinth day of June Jaj vijc and six years

A1706/6/221

Act

Commutement of Elizabeth Hunters Sentence of death to Banishment

Anent the petition given in and presented to the Lords of her Majesties privie Counsell By poor Elizabeth Hunter Shewing That wher the petitioner was condemned by Sentance of the Lords of Justiciary for murdering her own Child, and for Incest committed with her Uncle, She acknowledges the Justice of the Sentence, But does only humbly represent to ther lordships that the murder was found against her upon the Act of parliament for concealling and not calling for help, And yet the wittnesses Skilled women declaired that It was delyvered ten weeks befor my tyme, 2o/ For the Incest the petitioner was keept and bredd with her Uncle from nyne years of age, and was not yet above eighteen, and was knowen to be naturally Simple and weak, and wholly ignorant of the guilt of Such a Cryme; So that her condition is in effect miserable, and Such as deserves the Saids Lords compassion, wherof the Lords of Justiciary wer visibly convinced, And therfor Craveing it might please the saids Lords after the Repryve they had given the petitioner already to this day, To Commute her Sentence of death to banishment, or any other punishment ther lordships in ther mercie and Clemencie Should think meet, as the said petition bears, The Lords of her Majesties privie Councell haveing considered the petition given in to them by poor Elizabeth Hunter, and the Samen being read in their presence, The Saids Lords have Commuted and changed, the Sentence of death pronounced against the petitioner by the Lords Commissioners of Justiciary for murdering her own Child and Incest, Committed with her own Uncle; To banishment furth of the Kingdome; And have discharged and heirby discharge the said sentence of death to be putt in execution against the said Elizabeth Hunter for the crymes forsaid, And in place therof have decerned and ordained, and heirby decerns and ordains the said Elizabeth Hunter to enact herselfe in the Books of privie Councell that She Shall depairt furth of this kingdome betwixt and the Tenth day of July nixt to come, And Shall never returne therto without her Majestie or the Councells leave under the pain of death; And ordains the Magistrats of Edinburgh and keepers of ther Tollbooth instantly to Sett the Said Elizabeth att liberty upon her inacting herselfe in maner forsaid. Sic Subscribitur Montrose P. Buchan. Forfar. James Murray. William Anstruther. A Hope. John Maxwell. Gilbert Eliot. James Stewart. Robert Steuart.

Att Edinburgh the Eighteinth day of June Jaj vijc and six years

A1706/6/221

Act

Commutement of Elizabeth Hunters Sentence of death to Banishment

Anent the petition given in and presented to the Lords of her Majesties privie Counsell By poor Elizabeth Hunter Shewing That wher the petitioner was condemned by Sentance of the Lords of Justiciary for murdering her own Child, and for Incest committed with her Uncle, She acknowledges the Justice of the Sentence, But does only humbly represent to ther lordships that the murder was found against her upon the Act of parliament for concealling and not calling for help, And yet the wittnesses Skilled women declaired that It was delyvered ten weeks befor my tyme, 2o/ For the Incest the petitioner was keept and bredd with her Uncle from nyne years of age, and was not yet above eighteen, and was knowen to be naturally Simple and weak, and wholly ignorant of the guilt of Such a Cryme; So that her condition is in effect miserable, and Such as deserves the Saids Lords compassion, wherof the Lords of Justiciary wer visibly convinced, And therfor Craveing it might please the saids Lords after the Repryve they had given the petitioner already to this day, To Commute her Sentence of death to banishment, or any other punishment ther lordships in ther mercie and Clemencie Should think meet, as the said petition bears, The Lords of her Majesties privie Councell haveing considered the petition given in to them by poor Elizabeth Hunter, and the Samen being read in their presence, The Saids Lords have Commuted and changed, the Sentence of death pronounced against the petitioner by the Lords Commissioners of Justiciary for murdering her own Child and Incest, Committed with her own Uncle; To banishment furth of the Kingdome; And have discharged and heirby discharge the said sentence of death to be putt in execution against the said Elizabeth Hunter for the crymes forsaid, And in place therof have decerned and ordained, and heirby decerns and ordains the said Elizabeth Hunter to enact herselfe in the Books of privie Councell that She Shall depairt furth of this kingdome betwixt and the Tenth day of July nixt to come, And Shall never returne therto without her Majestie or the Councells leave under the pain of death; And ordains the Magistrats of Edinburgh and keepers of ther Tollbooth instantly to Sett the Said Elizabeth att liberty upon her inacting herselfe in maner forsaid. Sic Subscribitur Montrose P. Buchan. Forfar. James Murray. William Anstruther. A Hope. John Maxwell. Gilbert Eliot. James Stewart. Robert Steuart.

1. NRS, PC1/53, 475.

1. NRS, PC1/53, 475.