Act, 3 April 1706, Edinburgh

Procedure: committee formed, 28 December 1706, Edinburgh

Att Edinburgh the Third day of Apryll Jaj vijc and Six years

A1706/4/51

Act

Repryve In favours of Elizabeth Hunter

Anent the petition given in and presented to the Lords of her Majesties privie Councell by Elizabeth Hunter a poor condemned prisoner in the Tollbooth of Edinburgh, Humbly Shewing that She being but nyne years of age She was taken home by one John Brown her Uncle to his house, wher being naturally weak and Simple, She was keept till She was Sevinteen years of age, and then gott with child by my Uncle himselfe, but concealled her being with child till She brought furth the Same ten weeks befor the tyme, And that without calling for help, For which Crymes being brought befor the Lords of Justiciary, She freely confessed them, only the two midwyves that wer examined as wittnesses in the tryall did both declaire that the child wanted about ten weeks of its full tyme, wherwpon it was thought I was not in the terms of the act of parliament, Since it could not be said I had conceaved her being with Child the wholl tyme lykeas the Child was Still borne, yet by the verdict of the assyze She was brought in guilty both of murder and Incest; But the Lords considering the Circumstances of her case; and her nottor Simplicity and weakness, appoynted the execution of the Sentence to be on the last wednsday of Apryll, on purpose that in the mean tyme, She might apply to the saids Lords of Privie Councell for a repryve and Commutation; and therfor Craveing it might please their lordships the poor Supplicant and to repryve and Commute her Sentence and punishment as ther lordships Should See cause, as the said petition bears, The Lords of her Majesties Privie Councell haveing considered the petition given in to them by Elizabeth Hunter prisoner in the Tollbooth of Edinburgh found guilty of and condemned to dy for the crymes of murder and Incest, Craveing a repryve and Commutation of her Said Sentence and punishment, The saids Lords doe heirby Repryve the said Elizabeth Hunter from the Sentence of death appoynted to be execute upon her the Last wednsday of Apryll instant from the said day To the third Twesday of June nixt to come, And discharges the said sentence of death to be putt in execution against her till the said day; And appoynts and ordains the said sentence of death pronounced against the said Elizabeth Hunter by the Lords of Justiciary, To be putt to punctuall execution against her the said third twesday of June nixt to come, And gives order and warrand to the Magistrats of Edinburgh, to cause the said Sentence of death be putt to punctuall execution against the Said Elizabeth Hunter at the Same place and in the Same maner mentioned and contained in the said Sentence. Sic Subscribitur Sutherland. I.P.D. Buchan. Lauderdale. Forfar. Dunmore. Ruglen. Yester. Elibank. William Morieson. John Erskine.

Att Edinburgh the Third day of Apryll Jaj vijc and Six years

A1706/4/51

Act

Repryve In favours of Elizabeth Hunter

Anent the petition given in and presented to the Lords of her Majesties privie Councell by Elizabeth Hunter a poor condemned prisoner in the Tollbooth of Edinburgh, Humbly Shewing that She being but nyne years of age She was taken home by one John Brown her Uncle to his house, wher being naturally weak and Simple, She was keept till She was Sevinteen years of age, and then gott with child by my Uncle himselfe, but concealled her being with child till She brought furth the Same ten weeks befor the tyme, And that without calling for help, For which Crymes being brought befor the Lords of Justiciary, She freely confessed them, only the two midwyves that wer examined as wittnesses in the tryall did both declaire that the child wanted about ten weeks of its full tyme, wherwpon it was thought I was not in the terms of the act of parliament, Since it could not be said I had conceaved her being with Child the wholl tyme lykeas the Child was Still borne, yet by the verdict of the assyze She was brought in guilty both of murder and Incest; But the Lords considering the Circumstances of her case; and her nottor Simplicity and weakness, appoynted the execution of the Sentence to be on the last wednsday of Apryll, on purpose that in the mean tyme, She might apply to the saids Lords of Privie Councell for a repryve and Commutation; and therfor Craveing it might please their lordships the poor Supplicant and to repryve and Commute her Sentence and punishment as ther lordships Should See cause, as the said petition bears, The Lords of her Majesties Privie Councell haveing considered the petition given in to them by Elizabeth Hunter prisoner in the Tollbooth of Edinburgh found guilty of and condemned to dy for the crymes of murder and Incest, Craveing a repryve and Commutation of her Said Sentence and punishment, The saids Lords doe heirby Repryve the said Elizabeth Hunter from the Sentence of death appoynted to be execute upon her the Last wednsday of Apryll instant from the said day To the third Twesday of June nixt to come, And discharges the said sentence of death to be putt in execution against her till the said day; And appoynts and ordains the said sentence of death pronounced against the said Elizabeth Hunter by the Lords of Justiciary, To be putt to punctuall execution against her the said third twesday of June nixt to come, And gives order and warrand to the Magistrats of Edinburgh, to cause the said Sentence of death be putt to punctuall execution against the Said Elizabeth Hunter at the Same place and in the Same maner mentioned and contained in the said Sentence. Sic Subscribitur Sutherland. I.P.D. Buchan. Lauderdale. Forfar. Dunmore. Ruglen. Yester. Elibank. William Morieson. John Erskine.

1. NRS, PC1/53, 465.

1. NRS, PC1/53, 465.