Act, 5 January 1699, Edinburgh

Warrant, 21 December 1699, Edinburgh

Att Edinburgh The Fifth day of January Jaj vjc nynty and nine years

A1699/1/31

Act

Reprive To John Scarlet

Anent The Petition given in to the Lords of his majesties privy Councill By John Scarlet prisoner in the Tolbooth of Edinburgh Shewing, That whereas he is sentenced by the Lords of his majesties Justiciary To undergo the pain of death upon the sixth of January Instant, for the Crime of thift, And Albeit he acknowledges the Justice of the Sentence, yet the said Crime not being universally punishable by so severe a sentence as Death, But by the practice of the most of neighbouring nations hes only ane arbitrary and far milder punishment Inflicted thereupon, And he having served abroad in this majesties Service and therby Evidenced his affection to the Government, and willingness furder to serve untill the Regiment wherein he served was disbanded and thereby Reduced to great wants and Misery, which made him fall in the misfortune now layed to his Charge and for which he is to undergo the said pain unless their Lordships Take his forsaid Circumstances to their Consideration, and according to their wonted Clemency preveen the same. And Therfore Humbly Craving to the Effect underwrittin as the said petition bears. The saids Lords of his majesties privy Councill Having considered this petition given in to them By the above John Scarlet, They doe heirby Reprive the petitioner and discharges the sentence of death pronunced against him to be put to Execution against him till the Twelfth day of January Instant Inclusive, And ordains the Magistrats of Edinburgh To see the Said Sentence put to Execution against the said petitioner upon the Thirteenth day of the said moneth of January Instant without furder delay. Sic subscribitur Marchmont Cancellar. Argyll. Crafurd. Mar. Morton. Loudoun. Strathnaver. A: Hope. James Falconer. George Home.

Att Edinburgh The Fifth day of January Jaj vjc nynty and nine years

A1699/1/31

Act

Reprive To John Scarlet

Anent The Petition given in to the Lords of his majesties privy Councill By John Scarlet prisoner in the Tolbooth of Edinburgh Shewing, That whereas he is sentenced by the Lords of his majesties Justiciary To undergo the pain of death upon the sixth of January Instant, for the Crime of thift, And Albeit he acknowledges the Justice of the Sentence, yet the said Crime not being universally punishable by so severe a sentence as Death, But by the practice of the most of neighbouring nations hes only ane arbitrary and far milder punishment Inflicted thereupon, And he having served abroad in this majesties Service and therby Evidenced his affection to the Government, and willingness furder to serve untill the Regiment wherein he served was disbanded and thereby Reduced to great wants and Misery, which made him fall in the misfortune now layed to his Charge and for which he is to undergo the said pain unless their Lordships Take his forsaid Circumstances to their Consideration, and according to their wonted Clemency preveen the same. And Therfore Humbly Craving to the Effect underwrittin as the said petition bears. The saids Lords of his majesties privy Councill Having considered this petition given in to them By the above John Scarlet, They doe heirby Reprive the petitioner and discharges the sentence of death pronunced against him to be put to Execution against him till the Twelfth day of January Instant Inclusive, And ordains the Magistrats of Edinburgh To see the Said Sentence put to Execution against the said petitioner upon the Thirteenth day of the said moneth of January Instant without furder delay. Sic subscribitur Marchmont Cancellar. Argyll. Crafurd. Mar. Morton. Loudoun. Strathnaver. A: Hope. James Falconer. George Home.

1. NRS, PC1/51, 516.

1. NRS, PC1/51, 516.