Act, 28 December 1693, Edinburgh

Att Edinburgh the Threttieth day of November J^aj vi^c nyntie thrie years

A1693/11/42

A1693/11/42¹

Act

Change of Euphan Colstains sentence

The Councell Being Informed by their Majesties Advocat That Euphan Colstaine is appoynted to death by the Lords Commissioners of Justiciary for murdering of a Chyld But that their sentence proceeded upon the Late Act of parliament Declaring it death for any woman That being knouen to be uith Chyld shall bring furth her chyld uithout Calling for the assistance of women If the Chyld be found dead altho the Chyld be borne dead And that their Lordships did not find any mark of violence proven to be upon the Chylds body when It was Found And that therfore they had given her a Long day And the Lord Justice Clark declared in name of the rest of the Justices that they uould be uilling the sentence uere altered The Saids Lords Doe Heirby alter the sentence of death pronunced against the said Euphan to Banishment And therfore they discharge the putting of the said sentence of death to executione Against her And Have Banished and heirby Banishes her to their Majesties plantationes in America In respect she hath Inacted her self In the books of privie Councell That she shall transport herself to the saids plantationes and never Returne therfrom under the paine of death to be execute Against her uithout mercy by putting the said sentence Into executione And appoyntes her to remaine prisoner in the said tolbooth untill the first ship bound for their Majesties plantationes in America be ready to saile And ordaines the Magistrats of Edinburgh to see her putt on board the same sic subscribitur Tueeddall canll Southerland Linlithgow Annandall Tarbat Stair Beilhaven John Lauder W Anstruther