Sederunt, 13 March 1701(pm), Edinburgh

Procedure, 30 December 1701, Edinburgh

[13 March 1701] Eodem die post meridiem

A1701/3/141

Sederunt

Remitt To the Lords of Justiciary to Execute Anderson and Weir

Anent the Representation given in to the Lords of His majestys Privy Councill by His majestys Advocat, Shewing that the Lords Commissioners of Justiciary upon the Remitt of the Lords of His majestys privy Councill made to them concerning Thomas Anderson and John Weir who have forfeit the Commutation of the Sentence of death pronunced against them2 to banishment, as to Thomas Anderson find That in march i695, The Lords of privy Councill did alter the sentence of death pronunced against him to banishment, not to returne under the pain of death, and that accordingly he was Liberat and Sent to Flanders but having returned and being again apprehend, The Lords of His majestys privy Councill upon the nynth of February i699 did banish him and some others to His majestys plantations in America, They Enacting themselves not to Return to His majestys dominions which is all the order of Councill bears. But their Enactment bears farder that they shall not return within his Majestys dominions under the pain of death, Wherby It appears that the Sentence of death against Anderson was in the year 1695 plainly Commuted under the Condition forsaid, but he having broke the Said Condition, It pleased the Lords of Councill to banish him to America, but without the Certification of death contained in their sentence, albeit it be Express in his Enactment, and as to John Weir, The Commissioners of Justiciary find that by the First deliverance of the Lords of Councill upon the Twenty Seventh day of July 1699, The Sentence of death pronunced against him was Simply Commuted with this addition only that he should Continue in prison untill farder order for his disposall, And that it was not till the Twenty first of December the rafter that they ordained him to be banished, not to return under the pain of death, and that he Enacted himself accordingly, wherby It appears that the First deliverance, did change and take off the Sentence Simply Saving with the addition forsaid, And therfor His Majestys Advocat thought fitt to lay the case again before the Lords of privy Councill, That they may do therin as they shall see cause, as the said representation bears. The Lords of His Majestys privy Councill having considered the above Representation made to them by Sir James Stewart His Majestys Advocat in name of the Commissioners of Justiciary anent John Weir and Thomas Anderson, They notwithstanding of the said representation do heirby Remitt of new to the saids Lords Commissioners of Justiciary to appoint a new day or days for putting the former Sentences of death pronunced against the said Two persons to Execution, and to give order to the Magistrats of Edinburgh to see the said Sentences duely put to Execution upon the day or days to be affixed by the saids Lords Commissioners of Justiciary.

[13 March 1701] Eodem die post meridiem

A1701/3/141

Sederunt

Remitt To the Lords of Justiciary to Execute Anderson and Weir

Anent the Representation given in to the Lords of His majestys Privy Councill by His majestys Advocat, Shewing that the Lords Commissioners of Justiciary upon the Remitt of the Lords of His majestys privy Councill made to them concerning Thomas Anderson and John Weir who have forfeit the Commutation of the Sentence of death pronunced against them2 to banishment, as to Thomas Anderson find That in march i695, The Lords of privy Councill did alter the sentence of death pronunced against him to banishment, not to returne under the pain of death, and that accordingly he was Liberat and Sent to Flanders but having returned and being again apprehend, The Lords of His majestys privy Councill upon the nynth of February i699 did banish him and some others to His majestys plantations in America, They Enacting themselves not to Return to His majestys dominions which is all the order of Councill bears. But their Enactment bears farder that they shall not return within his Majestys dominions under the pain of death, Wherby It appears that the Sentence of death against Anderson was in the year 1695 plainly Commuted under the Condition forsaid, but he having broke the Said Condition, It pleased the Lords of Councill to banish him to America, but without the Certification of death contained in their sentence, albeit it be Express in his Enactment, and as to John Weir, The Commissioners of Justiciary find that by the First deliverance of the Lords of Councill upon the Twenty Seventh day of July 1699, The Sentence of death pronunced against him was Simply Commuted with this addition only that he should Continue in prison untill farder order for his disposall, And that it was not till the Twenty first of December the rafter that they ordained him to be banished, not to return under the pain of death, and that he Enacted himself accordingly, wherby It appears that the First deliverance, did change and take off the Sentence Simply Saving with the addition forsaid, And therfor His Majestys Advocat thought fitt to lay the case again before the Lords of privy Councill, That they may do therin as they shall see cause, as the said representation bears. The Lords of His Majestys privy Councill having considered the above Representation made to them by Sir James Stewart His Majestys Advocat in name of the Commissioners of Justiciary anent John Weir and Thomas Anderson, They notwithstanding of the said representation do heirby Remitt of new to the saids Lords Commissioners of Justiciary to appoint a new day or days for putting the former Sentences of death pronunced against the said Two persons to Execution, and to give order to the Magistrats of Edinburgh to see the said Sentences duely put to Execution upon the day or days to be affixed by the saids Lords Commissioners of Justiciary.

1. NRS, PC1/52, 193.

2. The word ‘by’ scored out here.

1. NRS, PC1/52, 193.

2. The word ‘by’ scored out here.