Act, 28 May 1695, Edinburgh

Warrant, 31 December 1695, Edinburgh

At Holyrudhouse the tuenty eight day of May one thousand sex Hundred nynty and fyve years

A1695/5/251

Act

[Act changing sentence of John Mcmillan]

Anent the petitione given in to his Majesties high Comissioner and the Lords of his Majesties privy Councill by John Mcmillan Smyth prisoner in the Tolbooth of Edinburgh Shewing That where the said petitioner’s conditione is sufficiently know’n to the said Lords and that he hes been prisoner in the Tolbooth of Edinburgh now almost sex years and seeing that he hoped the said Lords were satisfied that the sentance he stands under should not be execute against him and that he hath a poor wyfe and sex Children and yet is most willing either to be removed as a Prisoner to the Castle of Edinburgh and there to worke in his trade as a smyth for his Majesties service or to be banished to Flanders to serve there as a souldier And therfore humbly2 Craveing the said Lords might Commiserat his conditione and either to change his imprisonment or banish him to Flanders both for his majesties service as the said Lords should see Cause as the said petitione bears.
His majesties high Commissioner and the Lords of privy Councill haveing considered the foresaid petitione given in to them by the said John McMillane They Hereby change the sentance of death pronounced against the said petitioner by the Lords Commissioners of Justiciary into Banishment and hereby banish the said petitioner furth of his majesties Dominions and Discharges him to returne within the same In respect the said petitioner hes inacted himself in the books of privy Councill That He should depart furth of these dominions and never returne to the same under the paine of haveing the foresaid sentance of death formerly pronounced against him put to executione without farder delay or any hope of mercie and appoynts him To depairt out of the Dominions betwixt and the first day of July next And gives ordor and warrand to the magistrats of Edinburgh and Keeper of their Tolbooth to sett the said petitioner furth thereof upon inacting himself as said is sic subscribitur Annandale p 3 Melvill Argyle Southerland Leven Raith Carmichaell J Johnstoune James Stueart Fr Montgomorie Adam Cockburne Lodovick Grant

At Holyrudhouse the tuenty eight day of May one thousand sex Hundred nynty and fyve years

A1695/5/251

Act

[Act changing sentence of John Mcmillan]

Anent the petitione given in to his Majesties high Comissioner and the Lords of his Majesties privy Councill by John Mcmillan Smyth prisoner in the Tolbooth of Edinburgh Shewing That where the said petitioner’s conditione is sufficiently know’n to the said Lords and that he hes been prisoner in the Tolbooth of Edinburgh now almost sex years and seeing that he hoped the said Lords were satisfied that the sentance he stands under should not be execute against him and that he hath a poor wyfe and sex Children and yet is most willing either to be removed as a Prisoner to the Castle of Edinburgh and there to worke in his trade as a smyth for his Majesties service or to be banished to Flanders to serve there as a souldier And therfore humbly2 Craveing the said Lords might Commiserat his conditione and either to change his imprisonment or banish him to Flanders both for his majesties service as the said Lords should see Cause as the said petitione bears.
His majesties high Commissioner and the Lords of privy Councill haveing considered the foresaid petitione given in to them by the said John McMillane They Hereby change the sentance of death pronounced against the said petitioner by the Lords Commissioners of Justiciary into Banishment and hereby banish the said petitioner furth of his majesties Dominions and Discharges him to returne within the same In respect the said petitioner hes inacted himself in the books of privy Councill That He should depart furth of these dominions and never returne to the same under the paine of haveing the foresaid sentance of death formerly pronounced against him put to executione without farder delay or any hope of mercie and appoynts him To depairt out of the Dominions betwixt and the first day of July next And gives ordor and warrand to the magistrats of Edinburgh and Keeper of their Tolbooth to sett the said petitioner furth thereof upon inacting himself as said is sic subscribitur Annandale p 3 Melvill Argyle Southerland Leven Raith Carmichaell J Johnstoune James Stueart Fr Montgomorie Adam Cockburne Lodovick Grant

1. NRS, PC1/50, 199-200.

2. Insertion.

3. One illegible word scored out here.

1. NRS, PC1/50, 199-200.

2. Insertion.

3. One illegible word scored out here.