Act, 4 April 1693, Edinburgh

Act, 28 December 1693, Edinburgh

Edinburgh the Fourth day of Aprill Jaj vjc nyntie thrie years

D1693/4/21

Act

Act Margrat Smith

Anent a Petition given in to the Lords of their majesties privy Councill be Margrat Smith relict of William Fulfoot serjand in Bridgadier Ramsays regiement of foot Shewing That quherby order of their Majesties advocat John Beatton Serjand in the said regiement was Comitted prisoner in the Tolbooth of Edinburgh as being delated for the murder of the said William Fulfoot her husband in Holland And though the cryme be nottour enough and could be sufficiently proven at the place quher it was Committed (as ane letter under the hand of Captain Francis Sinclair one of the Captaines of the said Regiement would testifie) yet no pregnant nor sufficient prooff can be adduced heir In Regaird the witnesses cannot be brought over from Holland now at the opening of the Campaigne And tho it can2 be Sufficiently proven by severall officers of the armie in Flanders for the present at this plaice, That the said Serjand Beatton is a deserter upon the forsaid cryme And Lykewayes the persones who were ordered to apprehend him would testifie his consisting of the guilt yet non of these being sufficient and pregnant probation to inferr capitall punishment And Therfore Humbly Craveing the saids Lords for the reasones forsaid to send back the said Beatton prisoner to the regiement quher3 he served and quher the crime can be sufficiently proven to Flanders with the first occasion of a Fleet goeing thither that he may be Judged ther and receive condigne punishment according to his Demerit as the said petition bears The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Margrat Smith They Refuse the desyre therof Bot appoints the above John Beatton to Continue prisoner till farder order of Councill And approves of what the said Advocat has done, In Imprisoneing the said John And in the mean tyme allowes the petitioner to find out probation against the said John at this place.

Edinburgh the Fourth day of Aprill Jaj vjc nyntie thrie years

D1693/4/21

Act

Act Margrat Smith

Anent a Petition given in to the Lords of their majesties privy Councill be Margrat Smith relict of William Fulfoot serjand in Bridgadier Ramsays regiement of foot Shewing That quherby order of their Majesties advocat John Beatton Serjand in the said regiement was Comitted prisoner in the Tolbooth of Edinburgh as being delated for the murder of the said William Fulfoot her husband in Holland And though the cryme be nottour enough and could be sufficiently proven at the place quher it was Committed (as ane letter under the hand of Captain Francis Sinclair one of the Captaines of the said Regiement would testifie) yet no pregnant nor sufficient prooff can be adduced heir In Regaird the witnesses cannot be brought over from Holland now at the opening of the Campaigne And tho it can2 be Sufficiently proven by severall officers of the armie in Flanders for the present at this plaice, That the said Serjand Beatton is a deserter upon the forsaid cryme And Lykewayes the persones who were ordered to apprehend him would testifie his consisting of the guilt yet non of these being sufficient and pregnant probation to inferr capitall punishment And Therfore Humbly Craveing the saids Lords for the reasones forsaid to send back the said Beatton prisoner to the regiement quher3 he served and quher the crime can be sufficiently proven to Flanders with the first occasion of a Fleet goeing thither that he may be Judged ther and receive condigne punishment according to his Demerit as the said petition bears The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Margrat Smith They Refuse the desyre therof Bot appoints the above John Beatton to Continue prisoner till farder order of Councill And approves of what the said Advocat has done, In Imprisoneing the said John And in the mean tyme allowes the petitioner to find out probation against the said John at this place.

1. NRS, PC2/24, 205v-206r.

2. The word ‘not’ scored out here.

3. Insertion.

1. NRS, PC2/24, 205v-206r.

2. The word ‘not’ scored out here.

3. Insertion.