Procedure, 19 December 1704, Edinburgh

Att Edinburgh the Twenty thrid day of November J^aj vij^c and four years

A1704/11/21

A1704/11/21¹

Act

Reprive to Elizabeth Hailburton

Anent the petition given in and presented to the Lords of Her Majesties privy Council By Elizabeth Haliburton present prisoner in the Tolbooth of Edinburgh Shewing That where the petitioner being sentenced by the Lords of Justiciary to death, for concealling her being with Child and not calling for help the time of the birth, She doeth acknowledge that the saids Lords their sentence is most just and aggreeable to the Late Act of Parliament But that the Child was really dead in her Belly several dayes before the birth thereof, And the petitioner had before the Child become dead in her belly prepared cloaths for it; And which was known to severall Nighbours about; But the petitioner haveing gotten a great bruise by a Load of Coalls accidentally fallen on her The Child became bruised to death in her belly seaveral dayes before the bring furth therof; And the petitioner not knowing the severe strickness of the Late Act of Parliament, Did without any constraint narrate the whole matter of fact to several nighbours about And particularly that the Child had been several dayes dead in her belly before the bearing therof by the said accident. And Therefore Craveing to the effect aftermentioned as the said petition Bears. The Lords of Her Majesties privie Council haveing considered the above petition given into them By Elizabeth Haliburton present prisoner in the Tolbooth of Edinburgh And the samen being read in there presence The saids Lords of Her Majesties privie Councill Have Changed and heirby Changes the sentence of death pronunced against the said Elizabeth to transportation And have Appointed and heirby Appoints the petitioner to be transported to any of Her Majesties plantations in America with the first shipe goeing there And in the mean whyle to remain and continue in prison ay and whyle she be transported as said is, And have Discharged and heirby Discharges the sentence of death pronunced by the forsaids Commissioners of Justiciary to be put to any farder Execution against the petitioner upon the accompt forsaid And Commands and ordains the Magistrats of Edinburgh and keepers of their Tolbooth; To keep hold and detaine the petitioner therein ay and whyle she be transported as said is, And appoints the petitioner before her being transported To Enact her selfe in the Books of privy Councill never to return to this Kingdome under the paine of death. Sic Subscribitur Annandale P Crafurd Leven, Northesk, Forfar James Steuart A Hope F Montgomerie Pattrick Johnstoun