Act, 27 December 1694, Edinburgh

Att Edinburgh the Tuentieth day of February J^aj vi^c nyntie four years

A1694/2/34

A1694/2/34¹

Act

Repryve John Eliot

Anent the petitione given in to the Lords of their Majesties privy Councill Be John Eliot prisoner in the tolbooth of Edinburgh Sheuing That wher the petitioner being apprehended by ane ordor from the Lord Advocat and Committed prisoner to the tolbooth of Edinburgh was therafter processed before the Criminall Court and by the verdict of ane assyze found guilty and airt and pairt In forging a Recept from Jean and Margaret Lands And therupon sentenced to be execute to death upon the tuenty first day of this Current month of February which being to morrow He Humbly Craved to Lay before their Lordships his sad and deplorable condition In having been the tooll to the deceast Daniell Nicolsone and Mistress Pringle In all the accession he had to that forgerie For being reduced to extream povertie and uant of bread for his Life and under a state and Condition of bodily health which made him Loathsome to himself and shunned by all his kinsmen and acquantance was pitched upon by Daniell Nicolsone and Mistress Pringle as the fittest Instrument they could choyse to serve their designes and releiff they affoorded him to his present wants and necessities by Giving him money to Live on and furnishing him with Lodging and the Large promises and oaths they Gave him to have the decease of his body Cured if gold or money or could doe it which overcame the petitioner wholly to their designes of which he gave of all ane Ingenious account to their Majesties Advocat he knew of that matter and both of his oune accession and the necessity which hes noe Law he was under to Comply with Daniell Nicolsone and Mistress Pringle proposalls And which Ingenious acknouledgment of the petitioners both discovered the necessary witnesses to the Advocat and Laid open the haill Circumstances of the matter of fact so as affoorded positive and full probatione against Daniell Nicolsone and Mistress Pringle which otherwayes their Majesties Advocat Could not have had And which Confession the petitioner stedfastly ouned before the Judges of the Criminall Court Throuing himself on his Majesties mercy and had sentence pronunced against him without any other probatione but his oune acknouledgment And seing the petitioners Cryme was only the procuring witnesses to subscryve the said false recept and that noe hurt or prejudice folloued theron and that he Ingeniously Confest and cast himself upon the Kings mercy and had the assured hopes of the Judges favour Tho they uould grant him noe such express Conditione and that ther uas noe probatione Led against him as is alwayes in use to be done when ther is a designe to punish Capitally although the party should Confess and that he threw himself on his Majesties mercy wher never as yet any perished And that Its hoped both the Lords of Justiciary that are of their Lordships Number and the Lord Advocat with the sollicitor will declare to their Lordships How Ingenuous the petitioner was in his Confessione and of hou great effect wes to Convict Nicolsone and Mistress Pringle of the Crymes wherof they uere the Leoure and Contryvors as well as the Cause of his present misirie And that already the publict justice of the natione is satisfied by their being execute for the Complicatione of Crymes they were found guilty off (off the greatest and most part therof) the petitioner wes never accused And that the Criminall Judges neither pronunced Interloquitor nor sentence against the petitioner But upon the Confest accession forsaid and gave him the favour of a Longer day as the petitioner hoped off purpose to represent his caice to their Lordships for turning the sentence of death Into banishment which the petitioner beleevs the Judges themselves would have done if not tyed up to Judge according to strict Law or at Least from the Consideratione of the premisses to Grant a Repryve for some Competent tyme to the petitioner that he may not be surprized with so fatall a stroak as death And for which he hes not made the necessary preparationes aither for his soull or body upon the hope of mercy upon the ground abovewrytten and that he may send for his wyfe and his sister and have the benefite of Ministers to prepare his soull to appear before his eternall Judge And therfore Humbly Craving their Lordships In Consideratione of the premisses and of the petitioners deplorable Conditione and good Ground he had to Hope for mercy to ordane the petitioner to be Banished furth of their Majesties dominiones and never to returne under the paine of death or at Least to Grant a Repryve for some Competent tyme to prepare him for another Life and that Ministers may attend him for that effect as the said petitione Bears The saids Lords of their Majesties privie Councill Councill² Having Considered this petitione given in to them Be the above John Eliot They heirby suspended the putting of the sentence of death pronunced against the petitioner to executione untill weddensday the seventh of march nixt to Come Inclusive And appoints the magistrats of Edinburgh to see the said sentence putt to executione upon the said day precisely And ordaines Intimatione heirof to be made to the saids magistrats sic subscribitur Tueeddall cancel: Melvill Southerland Leven Forfar Kintoir Tarbat Beilhaven T Livingstoune