Act, 9 December 1701, Edinburgh

Procedure, 30 December 1701, Edinburgh

Att Edinburgh The Nynth day of December Jaj viic and one years

A1701/12/71

Act

Act Dischargeing the putting of any sentence against Alaster More to Executione till the whole steps of the proces be Reported to the Councell

Anent a Petition given in to the Lords of his Majesties privy Councill by Allaster More Mcdonald now prisoner in the Tolbooth of Aberdeen Shewing That the petitioner did not only appear before the Lords of Justiciary at Edinburgh But likewayes has applied to them in the express termes of the Sixth act of the Eight and Ninth Sessiones of this Current parliament and made intimation of their Lordships interloquitor theron to his Majesties advocat upon the twenty fourth day of September Last But the saids Lords Notwithstanding therof haveing by their warrand upon the fourth of November Ordered his transportation from the Tolbooth of Edinburgh to the Tolbooth of Aberdeen in order to a legall tryall before the Commissioners of Justiciary of the Northern district for certaine crymes alledged Committed by the petitioner and accordingly being pannalled before the saids Commissioners and put to the knowledge of ane inqueist Ther is a verdict returned against him finding the Lybell proven; And in which tryall the petitioner humbly conceived he did meett with very hard and unusuall Measure as will appear by the particulars following, which his greatest enemies who were upon the place neither can nor will deny Viz /1o/ Albeit by the uncontraverted practice of this and all other nationes all pannells and Criminalls whatsoever after their receiveing indytment are allowed the benefit of free prison; yet the petitioner being fast in the Stocks and Manacles upon his hands when he received his indytment upon the twelth of November Last He was still continued under the saids Irons and fetters in the said Stocks and Manacles therafter; untill he was brought into the pannal to underly the Law; and even ther the Manacles were Still upon his hands; which the saids Lords knew to be contrair to the practise of this or any other Nations in case of pannals /2o/ The petitioner haveing Sent to Imploy Some procurators in Aberdeen for pleading his defence in Law; He found they were all ingadged and taken up by this pursuers except one young man who hade never appeared in a Criminall tryall before that time /3o/ The petitioners said procurators haveing objected that some of the Commissioners hade Imployed And Consulted Lawiers and given them money to prosecute the petitioners blood and so could not Sitt as the petitioners Judges; The Said declinator was rejected with great heat and indignation, And Notwithstanding that some of the Commissioners then present desired the declinator to be marked and recorded, yet the same was refused and the petitioner only allowed to take instruments in the hands of the Clerk as ane extrinsick Nottar And wherupon Severalls of the Commissioners removed out of Court. 4o/ Albeit ther was a Multitude of witnesses against the petitioner yet all of them deponed that they never Saw the petitioner before he was lately imprisoned, Except one Boy and a Girle; Neither of which could be received as habite witnesses against the petitioner; Because the Crime Lybelled being ane open robery and depredation and not crimen domesticum et privilegiatum, No women would be received as habite witnesses for proveing the Same, 2o/ The Said Girle neither did nor could give any other Causa Scientia But that She Saw one present of the petitioners bulk And thought that the petitioners bigg Stature that2 the petitioner was the Man, and could not be possitive that it was the petitioner; only apprehended the petitioner was the man by his bulk, 3o/ The boy deponed and acknowledged that the time of the Commission of the said alledged crymes he was then only goeing in Thretein years of age; And so by the opinion of all Lawiers would not be admitted as a witnes for proveing a Capitall cryme Neither was he possitive that he did See the petitioner then present but that he thought the petitioner was Like the Man whom he Saw ther, and yet upon these two depositiones ther is a verdict returned finding the petitioner guilty of the haill Lybell; And to convince the Saids Lords of the great malice designed against the petitioner before he came out of the pannal ther was a new indytment put in into the petitioners plaid Chargeing the petitioner to underly the Law upon the Sixteinth instant as Airt and part of all the crymes Committed by the late Viscount of Dundie and his adherents in the late rebellion in anno 1689 and therafter which might convince the saids Lords with what eagernes the petitioners blood is sought And Therfore Humbly beseeching the Saids Lords to Commiserat his sad and distressed condition; and to ordaine the petitioner to be releived from the present Stress the petitioner was under by Stocks and Manacles; and to delyver the petitioner from those who have appeared so eager in pursuit of his life And to pronunce what Sentance the saids Lords Should think Just against him to which he should Cheirfully Submitt or at least discharge any Sentance to be put in executione against the petitioner untill the proces and probatione be transmitted to and considered by the saids Lords as the petition bears The Lords of his Majesties privy Councill haveing Considered the above petition given in to them be Allaster More Mcdonald with ane instrument mentioned therin and given in therwith They doe hereby Discharge any Sentence pronunced or to be pronunced by the saids Commissioners of Justiciary against the said Allaster More alias Mcdonald Upon the lybell raised at the instance of Mr Alexander Lessby procurator Fiscall to the Court of Justiciary appointed for the Northern district and verdict of the assysers passed theron to be put to execution against the petitioner or upon any other Lybell to be raised against him untill first the whole process witnesses depositiones and verdict of the assysers and other proceedings therin be transmitted from and by the saids Commissioners to the saids Lords of privy Councill, and therafter the Councills furder orders to be given theranent.

Att Edinburgh The Nynth day of December Jaj viic and one years

A1701/12/71

Act

Act Dischargeing the putting of any sentence against Alaster More to Executione till the whole steps of the proces be Reported to the Councell

Anent a Petition given in to the Lords of his Majesties privy Councill by Allaster More Mcdonald now prisoner in the Tolbooth of Aberdeen Shewing That the petitioner did not only appear before the Lords of Justiciary at Edinburgh But likewayes has applied to them in the express termes of the Sixth act of the Eight and Ninth Sessiones of this Current parliament and made intimation of their Lordships interloquitor theron to his Majesties advocat upon the twenty fourth day of September Last But the saids Lords Notwithstanding therof haveing by their warrand upon the fourth of November Ordered his transportation from the Tolbooth of Edinburgh to the Tolbooth of Aberdeen in order to a legall tryall before the Commissioners of Justiciary of the Northern district for certaine crymes alledged Committed by the petitioner and accordingly being pannalled before the saids Commissioners and put to the knowledge of ane inqueist Ther is a verdict returned against him finding the Lybell proven; And in which tryall the petitioner humbly conceived he did meett with very hard and unusuall Measure as will appear by the particulars following, which his greatest enemies who were upon the place neither can nor will deny Viz /1o/ Albeit by the uncontraverted practice of this and all other nationes all pannells and Criminalls whatsoever after their receiveing indytment are allowed the benefit of free prison; yet the petitioner being fast in the Stocks and Manacles upon his hands when he received his indytment upon the twelth of November Last He was still continued under the saids Irons and fetters in the said Stocks and Manacles therafter; untill he was brought into the pannal to underly the Law; and even ther the Manacles were Still upon his hands; which the saids Lords knew to be contrair to the practise of this or any other Nations in case of pannals /2o/ The petitioner haveing Sent to Imploy Some procurators in Aberdeen for pleading his defence in Law; He found they were all ingadged and taken up by this pursuers except one young man who hade never appeared in a Criminall tryall before that time /3o/ The petitioners said procurators haveing objected that some of the Commissioners hade Imployed And Consulted Lawiers and given them money to prosecute the petitioners blood and so could not Sitt as the petitioners Judges; The Said declinator was rejected with great heat and indignation, And Notwithstanding that some of the Commissioners then present desired the declinator to be marked and recorded, yet the same was refused and the petitioner only allowed to take instruments in the hands of the Clerk as ane extrinsick Nottar And wherupon Severalls of the Commissioners removed out of Court. 4o/ Albeit ther was a Multitude of witnesses against the petitioner yet all of them deponed that they never Saw the petitioner before he was lately imprisoned, Except one Boy and a Girle; Neither of which could be received as habite witnesses against the petitioner; Because the Crime Lybelled being ane open robery and depredation and not crimen domesticum et privilegiatum, No women would be received as habite witnesses for proveing the Same, 2o/ The Said Girle neither did nor could give any other Causa Scientia But that She Saw one present of the petitioners bulk And thought that the petitioners bigg Stature that2 the petitioner was the Man, and could not be possitive that it was the petitioner; only apprehended the petitioner was the man by his bulk, 3o/ The boy deponed and acknowledged that the time of the Commission of the said alledged crymes he was then only goeing in Thretein years of age; And so by the opinion of all Lawiers would not be admitted as a witnes for proveing a Capitall cryme Neither was he possitive that he did See the petitioner then present but that he thought the petitioner was Like the Man whom he Saw ther, and yet upon these two depositiones ther is a verdict returned finding the petitioner guilty of the haill Lybell; And to convince the Saids Lords of the great malice designed against the petitioner before he came out of the pannal ther was a new indytment put in into the petitioners plaid Chargeing the petitioner to underly the Law upon the Sixteinth instant as Airt and part of all the crymes Committed by the late Viscount of Dundie and his adherents in the late rebellion in anno 1689 and therafter which might convince the saids Lords with what eagernes the petitioners blood is sought And Therfore Humbly beseeching the Saids Lords to Commiserat his sad and distressed condition; and to ordaine the petitioner to be releived from the present Stress the petitioner was under by Stocks and Manacles; and to delyver the petitioner from those who have appeared so eager in pursuit of his life And to pronunce what Sentance the saids Lords Should think Just against him to which he should Cheirfully Submitt or at least discharge any Sentance to be put in executione against the petitioner untill the proces and probatione be transmitted to and considered by the saids Lords as the petition bears The Lords of his Majesties privy Councill haveing Considered the above petition given in to them be Allaster More Mcdonald with ane instrument mentioned therin and given in therwith They doe hereby Discharge any Sentence pronunced or to be pronunced by the saids Commissioners of Justiciary against the said Allaster More alias Mcdonald Upon the lybell raised at the instance of Mr Alexander Lessby procurator Fiscall to the Court of Justiciary appointed for the Northern district and verdict of the assysers passed theron to be put to execution against the petitioner or upon any other Lybell to be raised against him untill first the whole process witnesses depositiones and verdict of the assysers and other proceedings therin be transmitted from and by the saids Commissioners to the saids Lords of privy Councill, and therafter the Councills furder orders to be given theranent.

1. NRS, PC1/52, 323-6.

2. The word ‘He’ scored out here.

1. NRS, PC1/52, 323-6.

2. The word ‘He’ scored out here.