Procedure, 24 December 1702, Edinburgh

Att Edinburgh the Twentie thrid day of July J^aj vii^c and two years

A1702/7/31

A1702/7/31¹

Act

Act of Banishment Allaster More

Anent the petition given in to the Lords of her Majesties privy Councill be Alexander Mcdonald alias Allaster More Shewing That wher the Commissioners of Justiciary for the Northern district haveing upon two Severall processes condemned the poor petitioner to dye on the […] day of […] Last by past The Saids Lords were graciously pleased by ane act on the Fifteinth day of January therafter To Commute the said sentance of death against the petitioner; But then did not declare the Commutation or what other punishment the petitione Should undergoe in place therof; after this ther was² ther two processes raised and insisted in against the petitioner Notwithstanding of the Saids Lords act of Commutation in the petitioners favors and whilst the petitioner was Servus poene and at the saids Lords disposall The petitioner Should not at present Complain or insist on any informalities or Nullities of the two Last processes and the Sentance of Death of new again pronunced against the petitioner on them; The Saids Lords by their act the twentieth Sixth day of March Last were graciously pleased again to discharge the execution of this Last Sentance untill the Nynth day of June Last inclusive and therafter till the saids Lords farder orders The petitioner doeth still most humbly and earnestly begg and Supplicat the Saids Lords pity and mercy towards the petitioner; And that they would be pleased to Consider that the petitioners greatest enemies never could excuse the petitioner of Murder or any Such barbarity; and that if ever the petitioner hade been guilty of any Irregularities they have proceeded from Necessity and the Misfortune of his education, and that the petitioner was willing to be banished furth of the kingdome under the Severest penalty of death if ever the petitioner returne And for that effect to find Such baill as he was able And Therfore humbly Craveing the saids Lords to Commute this Last Sentance pronunced Against the petitioner And to declare the Commutation both of that and the former and if the saids Lords Should think fitt to banish the petitioner out of the kingdome never to returne and ordaine the petitioner to find baile for that effect that the saids Lords would be pleased to modifie the baile and ordaine the petitioner to be transported from the Tolbooth of Aberdeen to Edinburgh untill their be ane occasion of carieing the petitioner out of the kingdome As the petition bears The Lords of her Majesties privy Councill Haveing Considered the above petition given in to them by Alexander Mcdonald alias Allaster More with a printed paper Given in by the Commissioners of Justiciary of the Northern district, They hereby annull the procedure and Last Sentance of the saids Commissioners of Justiciary Because the adjourning of the said Court of Justiciary and assyzers after they were Sworne and the probation begin to be Ledd; And the Councill Haveing Considered their Commutement of the former Sentence of Death The Saids Lords have banished and hereby Banishes the said Alexander Mcdonald alias Allaster More furth of her Majesties Dominions Never to returne again without her Majesties or the Councills Warrant for that effect; And that In respect he hath granted bond and found Sufficient Caution acted in the books of her Majesties privy Councill That he Shall transport himself furth of her Majesties dominions, and Shall never returne within the Same under the penaltie of Fyve hundred pounds Sterling In caice of faillie, The Councill Recommends to the Lord advocat to raise and follow furth before the Lords Commissioners of Justiciary a process of high Treasone at his Lordships instance Against the said Alexander Mcdonald alias Allaster More betwixt and the tenth of August nixt to come for the said cryme to be insisted in according to Law; And in the mean time discharges the Clerk of Councill to receive any baile upon the Said Banishment before the said tenth of August nixt and gives order and warrant to the magistrats of Aberdeen and keeper of their yolbooth to sett the said Alexander Mcdonald alias Allaster More furth and at Libertie to the effect forsaid how soon the said Baile and Caution Shall be found for transporting himself furth of her Majesties dominions under the paine forsaid betwixt and the first day of January nixt ther after.