Scottish Privy Council Records

Att Edinburgh the Twentie third day of July J^aj vij^c and Six yeirs

A1706/7/17¹

Act

Commutement of Bessie Muckiesons Sentence of Death to banishment

Anent the Supplication given in and presented to the Lords of her Majesties Privie Councell By Bessie Muckiesone prisoner in the Tollbooth of Edinburgh, Humbly Shewing That She being Incarcerat these two years bygone wpon account of bearing a Child gotten by Robert Boggie of Kenniestoun in Fyfe, She had to Gods glory, and peace of her own Conscience, As the Lords of Justiciary will declaire, Ingenuously confest the way and maner of her guilt, And the treacherous dealing, and abominable Councill given to her a poor ignorant woman by the said Robert Boggie the father for concealling the said Child, (For which She humbly conceaved he ought to be confronted and censured) But by divyne providence the child tho² borne dead, was never wronged in its birth, and it was knowen She was with Child but concealled the bearing to her great and wnspeakable Lamentation, For which She Justly deserved to Sufferr; And Seeing She was a poor miserable object, and ane ignorant wretch destitut of freinds, throwing herselfe att ther lordships foot stooll for pity and accustomed clemency That the Just Sentence of her deserved death might be mitigat and changed into banishment, That She might be a living monument of a true penitent for her abominable guilt, And therfor Craveing to the effect wnderwrittin, As the said petition bears, The Lords of her Majesties Privie Councell haveing considered the petition given in to them By Bessie Muckiesone prisoner in the Tollbooth of Edinburgh, And the Samen being read in ther presence, The Saids Lords have Commuted and Changed, and heirby Commutes and Changes the Sentance of death pronounced against the Petitioner by the Commissioners of Justiciary for the cryme of concealling the birth of her own Child, from death to banishment furth of this kingdome, And have discharged and heirby discharges the said sentence of death to putt to any farder execution against the petitioner in tyme comeing, And in place therof have Decerned and Ordained, And heirby decerns and ordains the petitioner to inact herselfe in the books of privie Councell that She Shall depairt furth of this kingdome betwixt and the fyfteinth day of August nixt to come, And Shall never returne therto, without her Majestie or the Privie Councells leave wnder the paine of death; And ordains the magistrats of Edinburgh, and keepers of ther Tollbooth to Sett the petitioner att liberty wpon her inacting herselfe in maner forsaid Sic Subscribitur Montrose P. Buchan. Findlater. Northesk. Forfar. Dunmore. James Steuart. William Anstruther. John Maxwell. Alexander Campbell.

At Edinburgh 23 July 1706

A1706/7/17¹

Act

Commutation of Bessie Muckieson’s sentence of death to banishment

Concerning the supplication given in and presented to the lords of her majesty’s privy council by Bessie Muckieson, prisoner in the tolbooth of Edinburgh, humbly showing that she being incarcerate these two years bygone upon account of bearing a child gotten by Robert Boggie of Kennieston in Fife, she had to God’s glory, and peace of her own conscience, as the lords of justiciary will declare, ingenuously confessed the way and manner of her guilt, and the treacherous dealing and abominable counsel given to her, a poor ignorant woman, by the said Robert Boggie, the father, for concealing the said child (for which she humbly conceived he ought to be confronted and censured), but by divine providence the child though born dead was never wronged in its birth, and it was known she was with child, but concealed the bearing to her great and unspeakable lamentation, for which she justly deserved to suffer. And seeing she was a poor miserable object, and an ignorant wretch destitute of friends, throwing herself at their lordships’ foot-stool for pity and accustomed clemency that the just sentence of her deserved death might be mitigated and changed into banishment, that she might be a living monument of a true penitent for her abominable guilt, and therefor craving to the effect underwritten, as the said petition bears. The lords of her majesty’s privy council having considered the petition given in to them by Bessie Muckieson, prisoner in the tolbooth of Edinburgh, and the same being read in their presence, the said lords have commuted and changed, and hereby commute and change, the sentence of death pronounced against the petitioner by the commissioners of justiciary for the crime of concealing the birth of her own child from death to banishment forth of this kingdom. And have discharged and hereby discharge the said sentence of death to put to any further execution against the petitioner in time coming. And in place thereof have discerned and ordained, and hereby discern and ordain the petitioner to enact herself in the books of privy council that she shall depart forth of this kingdom between [now] and 15 August next to come, and shall never return thereto, without her majesty’s or the privy council’s leave, under the pain of death. And ordain the magistrates of Edinburgh, and keepers of their tolbooth, to set the petitioner at liberty upon her enacting herself in manner foresaid Sic Subscribitur Montrose president; Buchan; Findlater; Northesk; Forfar; Dunmore; James Stewart; William Anstruther; John Maxwell; Alexander Campbell.

1. NRS, PC1/53, 481.