Act, 19 April 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Nynteint day of Apryll Jaj vjc and Nyntie tuo years

A1692/4/101

Act

Repryve Alexander Halyburtoun

Anent the petitione Given in to the Lords of there Majesties privie Councill be Alexander Halyburtoun prisoner in the tolbooth of Edinburgh Shewing That where the supplicant haveing been Indyted and accused befor the Lords of Justiciary for haveing accession to the surpryseing the Garisone and Fort of the Bass The petitioner did propone no Legall defence But gave in a representation of his Circumstances to there Lordships as is more fully contained in former applicationes of this nature And upon the petitioners being convict by the verdict of ane Inquest The petitioner did make ane absolute submission to his Royall Majesty And albeit the Lords of Justiciary did proceed to pronunce the Sentence of death againest the petitioner yet In regaird of the petitioners said submissione they porogatt the tyme thereoff till the tuenty fyfth day of Maij next To the effect That the petitioner might make applicatione by the saids Lords of privie Councill there mediatione to his majesty for a remissione And accordingly the petitioner haveing given in a petitione for this effect the last Councill day There Lordships remitted the same to tuo of there Number to Consider thereoff and make report againest the next meeting of Councill which being adjourned for such a Considerable tyme And his majesty being now abroad in Flanders upon his Important effairs and no report as yet made to there Lordships by the said Comittee of Councill a Considerable pairt of that tyme which the Lords of Justiciary were pleased to allow for the end and effect forsaid is now elapsed which obleidges the supplicant to have recourse to the saids Lords of privie Councill in this exigence for a further prorogatione as to the execution of any sentence of death againest the petitioner And therefor humbly craveing that the saids Lords would take the petitioners case to there serious consideratione And sieing both at and since the petitioners tryall He did make ane absolute submissione to his Royall majesty That therefore the saids Lords of privie Councilll would be graciously pleased to represent the petitioners case As its attended with all its Circumstances to his Majesty in such favourable termes as there Lordships should think fitt, In doeing whereof the supplicant hes good ground to hope to share of his Majestyes Gracious bountie and pardone as others in the Lyke conditione have done And in regaird that His majesty being now abroad upon so great and pressing effairs which necessarly must take soume Considerable tyme befor his Majestyes Royall pleasure can be knowen as to the petitioners particular case That therefore the saids Lords of privie Councill would be pleased to prorogat the execution of any sentence of death againest the petitioner to so much farder tyme as may subserve to the Lordships getting a returne of what his majesty shall Inclyne to In relation to the premisses As the said petitione bears The saids Lords of there Majestyes privie Councill have considered this petitione Given in to them be the within Alexander Halyburtoun They hereby Repryve the petitioner from the sentence of death pronunced againest him untill the first Thursday of Jullij next to come Inclusive And discharges the Magistrats of Edinburgh and all other persons concerned to putt the said sentence to executione untill the saids day be elapsed

At Edinburgh 19 April 1692

A1692/4/101

Act

Reprieve for Alexander Halyburton

Concerning the petition given in to the lords of their majesties’ privy council by Alexander Halyburton prisoner in the tolbooth of Edinburgh showing that where the supplicant having been indicted and accused before the lords of justiciary for having accession to the surprising of the garrison and fort of the Bass, the petitioner did propone no legal defence but gave in a representation of his circumstances to their lordships as is more fully contained in former applications of this nature, and upon the petitioner being convicted by the verdict of an inquest the petitioner did make an absolute submission to his royal majesty, and albeit the lords of justiciary did proceed to pronounce the sentence of death against the petitioner, yet in regard of the petitioner’s said submission they proroge the time thereof until 25 May next to the effect that the petitioner might make application by the said lords of privy council their mediation to his majesty for a remission, and accordingly the petitioner having given in a petition for this effect the last council day, their lordships remitted the same to two of their number to consider thereof and make report against the next meeting of council which, being adjourned for such a considerable time and his majesty being now abroad in Flanders upon his important affairs and no report as yet made to their lordships by the said committee of council, a considerable part of that time which the lords of justiciary were pleased to allow for the end and effect forsaid is now elapsed, which obliges the supplicant to have recourse to the said lords of privy council in this exigence for a further prorogation as to the execution of any sentence of death against the petitioner, and therefore humbly craving that the said lords would take the petitioner’s case to their serious consideration, and seeing both at and since the petitioner’s trial he did make an absolute submission to his royal majesty, that therefore the said lords of privy council would be graciously pleased to represent the petitioner’s case, as it is attended, with all its circumstances to his majesty in such favourable terms as their lordships should think fit, in doeing whereof the supplicant has good ground to hope to share of his majesties’ gracious bounty and pardon as others in the like condition have done, and in regard that his majesty being now abroad upon so great and pressing affairs which necessarily must take some considerable time before his majesties’ royal pleasure can be known as to the petitioner’s particular case, that therefore the said lords of privy council would be pleased to prorogate the execution of any sentence of death against the petitioner to so much further time as may subserve to the lordships getting a return of what his majesty shall incline to in relation to the premisses, as the said petition bears, the said lords of their majesties’ privy council have considered this petition given into them by the within Alexander Halyburton, they hereby reprieve the petitioner from the sentence of death pronounced against him until the first Thursday of July next to come inclusive, and discharges the magistrates of Edinburgh and all other persons concerned to put the said sentence to execution until the said day is elapsed

1. PC1/48, 137-8.

1. PC1/48, 137-8.