Tag Archives: 10 April 1705

Act, 10 April 1705, Edinburgh

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Att Edinburgh the Tenth day of Apryll 1705 Councill extraordinary

A1705/4/121

Act

Act Commouting the Sentence of death Against Barbara Tanahill to Banishment

Anent the petition given in and presented to the Lords of her Majesties privie Councell by Barbara Tannahill of the Parishine of Libbertoun condemned for Incest. Shewing that her Sister having been married to James Drysdale in the said parish after her decease I lived alone with him in the house which was the occasion of our Sin and transgression, And the petitioner falling with child upon examination She freely confessed, he was the father of it, but withall told how that in a maner he had forced her, And they being both conveened befor the Lords of Justiciary, She adheared befor ther lordships and the assyse to her confession once and again, albeit at the same tyme he obstinatly denyed all, And now Seeing the petitioners Sentence to dy the Last wednsday of this moneth, doth only proceed upon her own confession, which yet she qualified with the tentation of ther being alone in the house, and of his useing force and constraint, and that the incest is only inferred from ther collaterall relation and in poynt of affinity, And that the Judges have also Shewed great Commissration of the petitioners case, And therfor humbly craveing it might please ther lordships wpon consideration of the premisses to commiserat the petitioners Sad condition and to commute her Sentence from death to banishment, or any other pain ther lordships should be pleased to inflict, or at least to repryve her to a longer day that the matter may be perfectly understood, As the said petition bears, The Lords of her Majesties Privie Councell haveing considered the petition given in to them By Barbara Tannahill in the parishine of Libbertoun, Condemned for Incest, And the Samen being read in ther presence, The Saids Lords have Commuted, and Changed, and heirby Commutes and Changes the Sentence of death pronounced against the said Barbara Tannahill To Banishment furth of this kingdome And have discharged and heirby discharges the Sentence of death pronounced against her by the Commissioners of Justiciary, To be putt to any further execution against her upon the accompt forsaid; And in place therof have Banished and heirby Banishes the said Barbara Tannahill furth of this kingdome, And have discharged and heirby discharges her ever to returne therto, under the pain of death, And appoynts the Magistrats of Edinburgh and keepers of ther Tollbooth to Sett the person of the said Barbara Tannahill at liberty furth of the Same, Wpon her enacting herselfe in the books of privie Councell that She Shall depairt furth of this kingdome, and not therto under the pain of death, and that She Shall depairt furth therof as said is, betwixt and the fyfteinth day of May nixt to come Sic Subscribitur Seafeild Cancellar. Lauderdale. Belcarres. Roseberie. George Baillie. F Montgomrie. James Steuart. Buchan. Loudoun.

 

At Edinburgh 10 April 1705. Council extraordinary

A1705/4/121

Act

Act commuting the sentence of death against Barbara Tanahill to banishment

Concerning the petition given in and presented to the lords of her majesty’s privy council by Barbara Tannahill of the parish of Libberton condemned for incest, showing that her sister, having been married to James Drysdale in the said parish, after her decease I lived alone with him in the house, which was the occasion of our sin and transgression, and the petitioner falling with child, upon examination she freely confessed, he was the father of it, but also told how that in a manner he had forced her, and they being both convened before the lords of justiciary, she adhered before their lordships and the assize to her confession once and again, albeit at the same time he obstinately denied all. And now seeing the petitioner’s sentence to die the last Wednesday of this month does only proceed upon her own confession, which yet she qualified with the temptation of their being alone in the house, and of his using force and constraint, and that the incest is only inferred from their collateral relation and in point of affinity, and that the judges have also showed great commiseration of the petitioner’s case, and therefor humbly craving it might please their lordships, upon consideration of the premisses, to commiserate the petitioner’s sad condition and to commute her sentence from death to banishment, or any other pain their lordships should be pleased to inflict, or at least to reprieve her to a longer day that the matter may be perfectly understood, as the said petition bears. The lords of her majesty’s privy council having considered the petition given in to them by Barbara Tannahill in the parish of Libberton, condemned for incest, and the same being read in their presence, the said lords have commuted, and changed, and hereby commute and change the sentence of death pronounced against the said Barbara Tannahill to banishment forth of this kingdom. And have discharged and hereby discharge the sentence of death pronounced against her by the commissioners of justiciary to be put to any further execution against her upon the account foresaid. And in place thereof have banished and hereby banish the said Barbara Tannahill forth of this kingdom, and have discharged and hereby discharge her ever to return thereto, under the pain of death. And appoint the magistrates of Edinburgh and keepers of their tolbooth to set the person of the said Barbara Tannahill at liberty forth of the same, upon her enacting herself in the books of privy council that she shall depart forth of this kingdom, and not [return] thereto under the pain of death, and that she shall depart forth thereof as said is, between [now] and 15 May next to come. Sic Subscribitur Seafield chancellor; Lauderdale; Balcarres; Rosebery; George Baillie; Francis Montgomerie; James Stewart; Buchan; Loudoun.

 

1. NRS, PC1/53, 386.

1. NRS, PC1/53, 386.

Decreet, 10 April 1705, Edinburgh

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Att Edinburgh the Tenth day of Apryll 1705 Councill extraordinary

A1705/4/111

Decreet

Interloquitor anent Captain Green

Letter from the Queens Majestie to the Councill In answer to ther Lordships letter to her Majestie of the date the 28th March Last bypast, being read was ordered to be recorded, and a petition being presented and given in to ther Lordships by Captain Thomas Green, Captain John Mader, James Simpsone, Andrew Robiesone, George Kitchine, James Browne, George Glen, Henry Geigle, and George Taylor, And the Samen with ane attested double and coppie of ane Affidavid emitted and given by Israell Phippenny, and Peter Freeland at the burgh of Portsmouth in England being all read in ther presence and after reasoning and debate theron, It went to the vote, Grant to the petitioners a repryve for a short2 day in the nixt week till ther may be a full Councell or not, And the Rolls being called, And the votes marked ther was three of the Councell for granting a repryve, And other three not, all the rest present as marked in the Sederunt being either non Liquid or refuseing to vote, It came to the Lord Chancellors casting vote his lordship declaired he was willing to give his vote and Signe the repryve, If he knew that a Quorum of ther lordships would Signe the Same, without which the order of Councell for a repryve, would be ineffectuall, And accordingly ther lordships being asked on by one If they would Signe the Said repryve, And all of them declyned, except three besyds those who voted repryve, And the Lord Chancellor who made but Sevine, And so not a Sufficient Quorum for Syneing a valide repryve, wherfor the prisoners wer Left to the Course of Justice upon expyreing of the former repryve.

At Edinburgh 10 April 1705. Council extraordinary

A1705/4/111

Decreet

Interlocutor concerning Captain Green

Letter from the queen’s majesty to the council in answer to their lordships’ letter to her majesty of the date 28 March last by past, being read was ordered to be recorded, and a petition being presented and given in to their lordships by Captain Thomas Green, Captain John Mader, James Simpson, Andrew Robieson, George Kitchin, James Brown, George Glen, Henry Geigle, and George Taylor, and the same with an attested double and copy of an affidavit emitted and given by Israel Phippenny and Peter Freeland at the burgh of Portsmouth in England being all read in their presence, and after reasoning and debate thereon, it went to the vote, grant to the petitioners a reprieve for a short day in the next week until their may be a full council, or not. And the rolls being called, and the votes marked, there were three of the council for granting a reprieve, and [an] other three not, all the rest present as marked in the sederunt being either non liquid or refusing to vote, it came to [James Ogilvie, early Seafield] [the] lord chancellor’s casting vote, his lordship declared he was willing to give his vote and sign the reprieve, if he knew that a quorum of their lordships would sign the same, without which the order of council for a reprieve would be ineffectual. And accordingly their lordships being asked one by one if they would sign the said reprieve, and all of them declined, except three besides those who voted reprieve, and the lord chancellor who made but seven, and so not a sufficient quorum for signing a valid reprieve, therefore the prisoners were left to the course of justice upon expiring of the former reprieve.

1. NRS, PC1/53, 385-6.

2. An illegible word scored out here.

1. NRS, PC1/53, 385-6.

2. An illegible word scored out here.

Letter: royal, 10 April 1705, Edinburgh

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Att Edinburgh the Tenth day of Apryll 1705 Councill extraordinary

A1705/4/101

Letter: royal

Letter from the Queen to the Councell anent Captain Green and Crew

Letter from the Queens Majestie to the Councill anent Captain Green and his Crew being read was ordered to be recorded, wherof the tenor follows
Sic Suprascribitur Anne Regina
Right trustie and right well beloved Cousine and Councellor, Right trustie and right well beloved Cousins and Councellors, Right trustie and well beloved Cousins and Councellors, Right trustie and well beloved Councellors, and trustie and well beloved Councellors, wee greet yow well. Wee received yours of the twentie eight of March last, with the abstracts of the proces against Captain Green and his Crew, and are well Satisfied with the expressions by which yow testifie yor deference to our Commands, and the regaird yow bear to our Royall prerogative: Ther being application made to ws by the owners of Captain Greens Shipe, And the freinds of the delinquents, And representations given in by them, wee thought it reasonable to us2 to have ane accompt of the wholl matter, And of the evidences against the Criminalls, that wee might know in tyme if any of them had been wnwillingly or unfortunately involved in the guilt laid to ther charge, And if by penitence and inenuitie they Should appear to deserve mercie, Therfor we wrott a letter to yow wnder our own hand of the 27. Last, ordering that the Sentence might be prorogued till the tryall wer laid before ws, And wee think fitt to acquaint yow that what was wrott yow on the 24. by our Commissioner to our Chancellor wpon this Subject was by our express order. Wee Shall persue the tryall as Soon as possible, And alewayes have a particular regaird to yor recommendation in pardoning those, whose behavior Shall appear to plead for compassion, and in leaving Such whose guilt renders them wnworthie of our favour to the due Course of Justice. Wee have given orders for a Remission to Thomas Lintsteed as yow desyre, And approve of your making use of that already Sent In favours of George Haynes, who by ther confessions have given considerable Light in that matter; And so wee bid yow heartily farwell. Given at our Court at St James’s the third day of Apryll 1705. And of our reigne the fourt year, By her Majesties Command, Sic Subscribitur Alexander Wedderburne.

At Edinburgh 10 April 1705. Council extraordinary

A1705/4/101

Letter: royal

Letter from the queen to the council concerning Captain Green and crew

Letter from the queen’s majesty to the council concerning Captain [Thomas] Green and his crew being read was ordered to be recorded, whereof the tenor follows:
Sic Suprascribitur Anne Regina
Right trusty and right well beloved cousin and counsellor, right trusty and right well beloved cousins and counsellors, right trusty and well beloved cousins and counsellors, right trusty and well beloved counsellors, and trusty and well beloved counsellors, we greet yow well. We received yours of 28 March last, with the abstracts of the process against Captain Green and his crew, and are well satisfied with the expressions by which you testify your deference to our commands, and the regard you bear to our royal prerogative. There being application made to us by the owners of Captain Green’s ship, and the friends of the delinquents, and representations given in by them, we thought it reasonable to us to have an account of the whole matter, and of the evidence against the criminals, that we might know in time if any of them had been unwillingly or unfortunately involved in the guilt laid to their charge, and if by penitence and ingenuity they should appear to deserve mercy. Therefor we wrote a letter to you under our own hand of 27 [March] last, ordering that the sentence might be prorogued until the trial was laid before us. And we think fit to acquaint you that what was written [to] you on 24 [March] by our commissioner to our chancellor upon this subject was by our express order. We shall peruse the trial as soon as possible, and always have a particular regard to your recommendation in pardoning those, whose behaviour shall appear to plead for compassion, and in leaving such whose guilt renders them unworthy of our favour to the due course of justice. We have given orders for a remission to Thomas Lintsteed as you desire, and approve of your making use of that already sent in favour of George Haynes, who by their confessions have given considerable light in that matter. And so we bid you heartily farewell. Given at our court at St James’s 3 April 1705. And of our reign the fourth year. By her majesty’s command, Sic Subscribitur Alexander Wedderburn.

1. NRS, PC1/53, 385.

2. The phroase ‘for us’ is an insertion.

1. NRS, PC1/53, 385.

Sederunt, 10 April 1705, Edinburgh

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Att Edinburgh the Tenth day of Apryll 1705 Councill extraordinary1

A1705/4/92

Sederunt

Lord Chancellor; Marquis of Lothian; Earl of Southerland; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Ballcarras; Earl of Forfar; Earl of Roseberrie; Lord Advocat; Lord Theasaurer Deput; Livt Generall Ramsay; Mr Fr Montgomrie; Lord Provest of Edinburgh

At Edinburgh 10 April 1705. Council extraordinary1

A1705/4/92

Sederunt

[James Ogilvie, earl of Seafield] lord chancellor; [William Kerr] marquis of Lothian; [John Gordon] earl of Sutherland; [David Erskine] earl of Buchan; [John Maitland] earl of Lauderdale; [Hugh Campbell] earl of Loudoun; [Colin Lindsay] earl of Balcarres; [Archibald Douglas] earl of Forfar; [Archibald Primrose] earl of Rosebery; [Sir James Stewart of Goodtrees] lord advocate; [George Baillie of Jerviswood] lord treasurer depute; Lieutenant General [George] Ramsay; Francis Montgomerie; [Sir Patrick Johnston] lord provost of Edinburgh

1. NRS, PC1/53, 385.

2. NRS, PC1/53, 385.

1. NRS, PC1/53, 385.

2. NRS, PC1/53, 385.