Act, 19 April 1692, Edinburgh

Act, 29 December 1692, Edinburgh

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

A1692/4/111

Act

Repryve William Fraser

Anent the petitione Given in to the Lords of there Majestyes privie Council be William Fraser prisoner in the tolbooth of Edinburgh Shewing That where the supplicant being accused befor the Lords of Justiciary for haveing accession to the assisting of these who surprysed the garisone of the Bass The petitioner declyned to propone any Legall defence But gave in a humble representatione of his Circumstances the tyme of his tryall And made ane absolute submissione to his Royall majesty for his gracious pardone and Indemnity Whereupon albeit the Lords of Justiciary proceeded to the pronunceing the sentence of death againest the petitioner yet they superceeded the tyme of the executeing thereof till the tuenty fyfth day of May next That the petitioner might thereby have opportunitie by there Lordships of privie Councills mediation to applye to his Majesty to the end and effect forsaid and accordingly the petitioner the last Councill day gave in a supplicatione to the saids Lords of privie Councill Containing the full representatione of his case and of his forsaid submissione And which there Lordships were pleased to remitt to a Comittee of there oune Number who upon Consideratione thereoff wes to make report of the samen at 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 in this exigency for ane farder prorogatione as to the execution of any sentence of death againest the petitioner And therefore Craveing2 that there Lordships would be pleased to take the petitioners case to there serious consideratione and since both at and since the petitioners tryall he did make ane absolute submissione to his Royall majesty That therefore there Lordships 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 shall think fitt In doeing whereof the supplicant hes good ground to hope to share of his majestyes gracious bounty and pardone as others in the Lyke cases have done and in regaird that his Majesty is now abroad upon so great and pressing effairs which necessarly must take some considerable tyme before his Royall pleasure can be knowen as to the petitioners particular case That therefore there Lordships would be graciously pleased to prorogate the executione of any sentence of death3 againeste the petitioner to so much further tyme as may subserve to the saids Lords there getting a returne of what his majesty shall Inclyne to In relatione to the premisses As the said petitione bears The Saids Lords of there Majestyes privie Councill haveing Considered this petitione Given in to them be the above William Fraser They hereby Repryve the petitioner from the sentence of death pronunced againest him untill the first Thursday of Julij next to come Inclusive, and discharges the magistrats of Edinburgh and all other persones concerned to putt the said sentence to executione untill the said day be elapsed

At Edinburgh 19 April 1692

A1692/4/111

Act

Reprieve of William Fraser

Concerning the petition given in to the lords of their majesties’ privy council by William Fraser, prisoner in the tolbooth of Edinburgh, showing that where the supplicant being accused before the lords of justiciary for having accession to the assisting of these who surprised the garrison of the Bass, the petitioner declined to propone any legal defence, but gave in a humble representation of his circumstances the time of his trial and made an absolute submission to his royal majesty for his gracious pardon and indemnity, whereupon albeit the lords of justiciary proceeded to the pronouncing of the sentence of death against the petitioner, yet they superseded the time of the execution thereof until 25 May next, that the petitioner might thereby have opportunity by their lordships of privy council’s mediation to apply to his majesty to the end and effect forsaid, and accordingly the petitioner the last council day gave in a supplication to the said lords of privy council containing the full representation of his case and of his forsaid submission, and which their lordships were pleased to remit to a committee of their own number who upon consideration thereof was to make report of the same at 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 in this exigency for a further prorogation as to the execution of any sentence of death against the petitioner, and therefore craving that their lordships would be pleased to take the petitioner’s case to their serious consideration, and since both at and since the petitioner’s trial he did make an absolute submission to his royal majesty that therefore their lordships would be graciously pleased to represent the petitioner’s case as it’s attended with all its circumstances, to his majesty in such favourable terms as their lordships shall think fit, in doing whereof the supplicant has good ground to hope to share of his majesty’s gracious bounty and pardon as others in the like cases have done, and in regard that his majesty is now abroad upon so great and pressing affairs which necessarily must take some considerable time before his royal pleasure can be known as to the petitioner’s particular case, that therefore their Lordships would be graciously pleased to prorogate the execution of any sentence of death against the petitioner to so much further time as may subserve to the said lords their 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 having considered this petition given in to them by the above William Fraser, 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, 138-9.

2. The phrase ‘therefore Craveing’ is written over ‘the said petitioner’.

3. The words ‘of death’ have been inserted above the line.

1. PC1/48, 138-9.