Act, 26 November 1695, Edinburgh

Warrant, 31 December 1695, Edinburgh

At Edinburgh tuesday the tuenty sexth day of November Jaj vjc nynty and fyve years

A1695/11/261

Act

Act George Cumine

Anent the petitione given in to the Lords of his Majesties privy Councill by George Cumeing prisoner in the Tolbooth of Edinburgh Shewing That where he being indicted at the instance of his majesties Advocat and Captaine Stevensone one of the Captains in the Lord Lindsays Regiment for the Slaughter of Patrick Falconer ane Irishman a Souldier in the said Captains company And the indictment being found relevant and admitted to probatione the petitioner was found guilty by the assyse of manslaughter and thereupon received the sentance of death to be execute the eighteen day of December next as to which he Humbly represents with all due submissione to the Sentance That the true matter of fact was That he and the three young men his Comerads returning from the Countery in the beginning of September Last, when2 they came to the West Port about nyne of cloak at night the petitioner stept asyde to call for his cloak at a house where he had Left it when he went out of Toune And his three Comerads waiting for him on the street Three Souldiers (3whereof the said Patrick Falconer was one passed by them and being by them asked what a cloak it was he heared them answere his Comerads rudelie upon which the petitioner gave the souldiers some opprobrious words, which (far by his designe) did so irritate them That two of them immediatlie drew their Baganots and passing by the said petitioners three Comerads with their baganots drawn advanced towards the petitioner which moved him when they were within the lenth of his sword to draw the same and so we were engadged till one of his Comerads came up and disarmed one of the Souldiers But Falconer the defunct continowing to assault the said petitioner till He received many blows and halks yet to be seen upon the small sword he had in his hand he received a wound in the bodie and dyed the next day By all which it is evident that what happned was so far from any precogitate malice that he had not so much as the least knowledge of the persone And though in the petitioners unhappy folly he might have uttered some ill words too usuall on such occasiones yet it was a hard unequall and violent returne to come upon the petitioner standing out of the way in the night seasone with two drawn baganots and that if the defunct had not been obstinat in attacking4 petitioners lyfe his lyfe had never suffered But acknowledging in the first place the righteous judgement of God and professing againe all due submissione to the sentance past against him he is far from makeing any defence but doe intirely throw himself upon the said Lords gratious and equitable compassione The petitioner is a young man whose former lyfe and way was never knowen to be offensive and the rise of this quarrell was only unfortunate folly and the circumstances of his case were so convinceing even to Captaine Stevensone and the rest of the officers of the Regement That the Captain went to his majesties Advocat before the tryall and consented for his part the dyet should be deserted And the petitioner is perswaded That his majesties Advocat5 Thought that a matter of blood could not be past without a Tryall yet both he and the Lords of Justiciary and his assysers are fully satisfied that the petitioners Case and circumstances deserve the mitigatione of their Lordships Compassion and therfore humbly Craveing in maner and to the effect aftermentioned as the said petitione bears The Lords of his majesties privy Councill haveing considered the said petitione given in to them by the said George Cumeing with another petitione given in to them by the said Captaine Robert Hamilton Captaine in Collonell John Buchans Regiment in Flanders with the said George Cuming his consent wryten upon the said petitione They Hereby change the sentence of death pronounced by the Lord Justice Clerk and Lords Commissioners of Justiciary against the said George into Banishment and the said Lords doe Hereby banish the said George Cuming furth of this Kingdome And ordaines the magistrats of Edinburgh and keeper of their Tolbooth to sett the said George furth thereof and delyver him to the said Captaine Robert Hamilton to be carried aboard by him as a Souldier in his majesties service upon the Captaines recept of him and discharges the magistrats of Edinburgh and all others quhomsoever from putting the foresaid sentance of death into executione against the said George In respect the said George Coming hes enacted himself in the books of privy Councill That He shall depart furth of his majesties Dominions and shall goe aboard with the said Captaine Hamilton as a souldier in his majesties service and that he shall never returne within his majesties dominions under the paine of haveing the former sentance of death put to executione against him without mercie sic subscribitur Twerdale Southerland Forfar Tarbat Carmichaell6 James Stueart John Lauder Adam Cockburne W Anstruther Archibald Murray.

At Edinburgh tuesday the tuenty sexth day of November Jaj vjc nynty and fyve years

A1695/11/261

Act

Act George Cumine

Anent the petitione given in to the Lords of his Majesties privy Councill by George Cumeing prisoner in the Tolbooth of Edinburgh Shewing That where he being indicted at the instance of his majesties Advocat and Captaine Stevensone one of the Captains in the Lord Lindsays Regiment for the Slaughter of Patrick Falconer ane Irishman a Souldier in the said Captains company And the indictment being found relevant and admitted to probatione the petitioner was found guilty by the assyse of manslaughter and thereupon received the sentance of death to be execute the eighteen day of December next as to which he Humbly represents with all due submissione to the Sentance That the true matter of fact was That he and the three young men his Comerads returning from the Countery in the beginning of September Last, when2 they came to the West Port about nyne of cloak at night the petitioner stept asyde to call for his cloak at a house where he had Left it when he went out of Toune And his three Comerads waiting for him on the street Three Souldiers (3whereof the said Patrick Falconer was one passed by them and being by them asked what a cloak it was he heared them answere his Comerads rudelie upon which the petitioner gave the souldiers some opprobrious words, which (far by his designe) did so irritate them That two of them immediatlie drew their Baganots and passing by the said petitioners three Comerads with their baganots drawn advanced towards the petitioner which moved him when they were within the lenth of his sword to draw the same and so we were engadged till one of his Comerads came up and disarmed one of the Souldiers But Falconer the defunct continowing to assault the said petitioner till He received many blows and halks yet to be seen upon the small sword he had in his hand he received a wound in the bodie and dyed the next day By all which it is evident that what happned was so far from any precogitate malice that he had not so much as the least knowledge of the persone And though in the petitioners unhappy folly he might have uttered some ill words too usuall on such occasiones yet it was a hard unequall and violent returne to come upon the petitioner standing out of the way in the night seasone with two drawn baganots and that if the defunct had not been obstinat in attacking4 petitioners lyfe his lyfe had never suffered But acknowledging in the first place the righteous judgement of God and professing againe all due submissione to the sentance past against him he is far from makeing any defence but doe intirely throw himself upon the said Lords gratious and equitable compassione The petitioner is a young man whose former lyfe and way was never knowen to be offensive and the rise of this quarrell was only unfortunate folly and the circumstances of his case were so convinceing even to Captaine Stevensone and the rest of the officers of the Regement That the Captain went to his majesties Advocat before the tryall and consented for his part the dyet should be deserted And the petitioner is perswaded That his majesties Advocat5 Thought that a matter of blood could not be past without a Tryall yet both he and the Lords of Justiciary and his assysers are fully satisfied that the petitioners Case and circumstances deserve the mitigatione of their Lordships Compassion and therfore humbly Craveing in maner and to the effect aftermentioned as the said petitione bears The Lords of his majesties privy Councill haveing considered the said petitione given in to them by the said George Cumeing with another petitione given in to them by the said Captaine Robert Hamilton Captaine in Collonell John Buchans Regiment in Flanders with the said George Cuming his consent wryten upon the said petitione They Hereby change the sentence of death pronounced by the Lord Justice Clerk and Lords Commissioners of Justiciary against the said George into Banishment and the said Lords doe Hereby banish the said George Cuming furth of this Kingdome And ordaines the magistrats of Edinburgh and keeper of their Tolbooth to sett the said George furth thereof and delyver him to the said Captaine Robert Hamilton to be carried aboard by him as a Souldier in his majesties service upon the Captaines recept of him and discharges the magistrats of Edinburgh and all others quhomsoever from putting the foresaid sentance of death into executione against the said George In respect the said George Coming hes enacted himself in the books of privy Councill That He shall depart furth of his majesties Dominions and shall goe aboard with the said Captaine Hamilton as a souldier in his majesties service and that he shall never returne within his majesties dominions under the paine of haveing the former sentance of death put to executione against him without mercie sic subscribitur Twerdale Southerland Forfar Tarbat Carmichaell6 James Stueart John Lauder Adam Cockburne W Anstruther Archibald Murray.

1. NRS, PC1/50, 266-8.

2. The word ‘we’ scored out here.

3. Closing bracket missing.

4. The word ‘my’ scored out here.

5. The word ‘that’ scored out here.

6. The phrase ‘John Laud.’ scored out here

1. NRS, PC1/50, 266-8.

2. The word ‘we’ scored out here.

3. Closing bracket missing.

4. The word ‘my’ scored out here.

5. The word ‘that’ scored out here.

6. The phrase ‘John Laud.’ scored out here