Tag Archives: 18 June 1706

Warrant, 18 June 1706, Edinburgh

Posted on by

Att Edinburgh the Eighteinth day of June Jaj vijc and six years

A1706/6/231

Warrant

Warrand and Instructions to the pairtie of the force sent to Hawick

The Lords of her Majesties privie Councell haveing upon a representation made to them by the Shirreff of Teviotdale, how that Companies of Lawless vagabonds and Sorners, Infest the said Shyre by breaking of houses, robbing and away takeing honest mens goods, and have dared to resist by armes, and unto blood such as have been sent to suppress and sease them, Thought fitt to order a pairtie of her Majesties forces under the Comand of […] to goe and ly at the town of Hawick and ther to be assistant to the said shirreff when requyred by him to goe and pass upon these lawless vagabounds and Sorners, when and wher they Shall be found to be breaking the peace and Infefting the Countrey by violence and other deeds of oppression, Doe heirby declaire for the warrand and Security of the said pairtie and Souldiers that shall be imployed as said is, That when and as off as upon the requisition of the said Shirreff; They Shall goe in greater or lesser pairties to the Suppressing and Seasing of the forsaid vagabounds and Sorners, In ther lawless and wicked practices They Shall happen to be by them opposed and resisted in hostile maner, Then it Shall be lawfull to the forsaid Shirreff or pairties greater or lesser to use all maner of force by subdueing and apprehending the forsaid lawless vagabounds and Sorners, And that if upon the said violent resistance made by them to her Majesties forces authorised and imployed as said is, any battery, blood, mutillation or slaughter shall follow against these lawless and wicked men, The said Shirreff, her Majesties forces both Commanders and Souldiers, and ther assistants, shall be Indemnified and never questioned for the Same, And that the forsaid force used in maner and for the end forsaid for Suppressing and Seasing of the said wicked persons, and all that may happen theron, Shall be repute good Service to her Majestie, and the peace and quyet of her Government. Sic Subscribitur Montrose P. Buchan. Forfar. Dunmore. Cromartie. Haddo. James Murray. James Steuart. Robert Dundas. Gilbert Eliot.

At Edinburgh 18 June 1706

A1706/6/231

Warrant

Warrant and instructions to the party of the forces sent to Hawick

The lords of her majesty’s privy council having upon a representation made to them by the sheriff of Teviotdale [Roxburghshire], how that companies of lawless vagabonds and sorners infest the said shire by breaking of houses, robbing, and taking away honest men’s goods, and have dared to resist by arms, and unto blood such as have been sent to suppress and seize them, thought fit to order a party of her majesty’s forces under the command of […] to go and lie at the town of Hawick and there to be assistant to the said sheriff when required by him to go and pass upon those lawless vagabonds and sorners when and where they shall be found to be breaking the peace and infesting the country by violence and other deeds of oppression, do hereby declare for the warrant and security of the said party and soldiers that shall be employed as said is, that when and as often as upon the requisition of the said sheriff they shall go in greater or lesser parties to the suppressing and seizing of the foresaid vagabonds and sorners in their lawless and wicked practices, they shall happen to be by them opposed and resisted in hostile manner, then it shall be lawful to the foresaid sheriff or parties greater or lesser to use all manner of force by subduing and apprehending the foresaid lawless vagabonds and sorners, and that if upon the said violent resistance made by them to her majesty’s forces authorised and employed as said is, any battery, blood, mutilation, or slaughter shall follow against these lawless and wicked men, the said sheriff, her majesty’s forces both commanders and soldiers, and their assistants shall be indemnified and never questioned for the same, and that the foresaid force used in manner and for the end foresaid for suppressing and seizing of the said wicked persons, and all that may happen thereon, shall be repute good service to her majesty and the peace and quiet of her government. Sic Subscribitur Montrose president; Buchan; Forfar; Dunmore; Cromartie; Haddo; James Murray; James Stewart; Robert Dundas; Gilbert Elliot.

1. NRS, PC1/53, 475.

1. NRS, PC1/53, 475.

Act, 18 June 1706, Edinburgh

Posted on by

Att Edinburgh the Eighteinth day of June Jaj vijc and six years

A1706/6/221

Act

Commutement of Elizabeth Hunters Sentence of death to Banishment

Anent the petition given in and presented to the Lords of her Majesties privie Counsell By poor Elizabeth Hunter Shewing That wher the petitioner was condemned by Sentance of the Lords of Justiciary for murdering her own Child, and for Incest committed with her Uncle, She acknowledges the Justice of the Sentence, But does only humbly represent to ther lordships that the murder was found against her upon the Act of parliament for concealling and not calling for help, And yet the wittnesses Skilled women declaired that It was delyvered ten weeks befor my tyme, 2o/ For the Incest the petitioner was keept and bredd with her Uncle from nyne years of age, and was not yet above eighteen, and was knowen to be naturally Simple and weak, and wholly ignorant of the guilt of Such a Cryme; So that her condition is in effect miserable, and Such as deserves the Saids Lords compassion, wherof the Lords of Justiciary wer visibly convinced, And therfor Craveing it might please the saids Lords after the Repryve they had given the petitioner already to this day, To Commute her Sentence of death to banishment, or any other punishment ther lordships in ther mercie and Clemencie Should think meet, as the said petition bears, The Lords of her Majesties privie Councell haveing considered the petition given in to them by poor Elizabeth Hunter, and the Samen being read in their presence, The Saids Lords have Commuted and changed, the Sentence of death pronounced against the petitioner by the Lords Commissioners of Justiciary for murdering her own Child and Incest, Committed with her own Uncle; To banishment furth of the Kingdome; And have discharged and heirby discharge the said sentence of death to be putt in execution against the said Elizabeth Hunter for the crymes forsaid, And in place therof have decerned and ordained, and heirby decerns and ordains the said Elizabeth Hunter to enact herselfe in the Books of privie Councell that She Shall depairt furth of this kingdome betwixt and the Tenth day of July nixt to come, And Shall never returne therto without her Majestie or the Councells leave under the pain of death; And ordains the Magistrats of Edinburgh and keepers of ther Tollbooth instantly to Sett the Said Elizabeth att liberty upon her inacting herselfe in maner forsaid. Sic Subscribitur Montrose P. Buchan. Forfar. James Murray. William Anstruther. A Hope. John Maxwell. Gilbert Eliot. James Stewart. Robert Steuart.

At Edinburgh 18 June 1706

A1706/6/221

Act

Commutation of Elizabeth Hunter’s sentence of death to banishment

Concerning the petition given in and presented to the lords of her majesty’s privy council by poor Elizabeth Hunter, showing that where the petitioner was condemned by sentence of the lords of justiciary for murdering her own child, and for incest committed with her uncle, she acknowledges the justice of the sentence, but does only humbly represent to their lordships that the murder was found against her upon the act of parliament for concealing and not calling for help, and yet the witnesses, skilled women, declared that it was delivered ten weeks before my time. Secondly, for the incest the petitioner was kept and bred with her uncle from nine years of age, and was not yet above eighteen, and was known to be naturally simple and weak, and wholly ignorant of the guilt of such a crime, so that her condition is in effect miserable, and such as deserves the said lords’ compassion, whereof the lords of justiciary were visibly convinced, and therefore craving it might please the said lords after the reprieve they had given the petitioner already to this day, to commute her sentence of death to banishment, or any other punishment their lordships in their mercy and clemency should think fitting, as the said petition bears. The lords of her majesty’s privy council having considered the petition given in to them by poor Elizabeth Hunter, and the same being read in their presence, the said lords have commuted and changed the sentence of death pronounced against the petitioner by the lord commissioners of justiciary for murdering her own child and incest committed with her own uncle to banishment forth of the kingdom. And have discharged and hereby discharge the said sentence of death to be put in execution against the said Elizabeth Hunter for the crimes foresaid. And in place thereof have discerned and ordained, and hereby discern and ordain the said Elizabeth Hunter to enact herself in the books of privy council that she shall depart forth of this kingdom between [now] and 10 July next to come, and shall never return thereto without her majesty’s or the council’s leave under the pain of death. And ordain the magistrates of Edinburgh and keepers of their tolbooth instantly to set the said Elizabeth at liberty upon her enacting herself in manner foresaid. Sic Subscribitur Montrose president; Buchan; Forfar; James Murray; William Anstruther; Archibald Hope; John Maxwell; Gilbert Eliot; James Stewart; Robert Stewart.

1. NRS, PC1/53, 475.

1. NRS, PC1/53, 475.

Sederunt, 18 June 1706, Edinburgh

Posted on by

Att Edinburgh the Eighteinth day of June Jaj vijc and six years1

A1706/6/212

Sederunt

Marquis of Montrose P.; Earl of Buchan; Earl of Forfar; Earl of Dunmore; Earl of Ruglen; Earl of Cromartie; Lord Haddo; Lord Register; Lord Advocat; Lord Arniestoun; Lord Ensteruther; Lord Rankeillor; Lord Pollock; Lord Tilliecultrie; Lord Minto

At Edinburgh 18 June 17061

A1706/6/212

Sederunt

[James Graham] marquis of Montrose president; [David Erskine] earl of Buchan; [Archibald Douglas] earl of Forfar; [Charles Murray] earl of Dunmore; [John Hamilton] earl of Ruglen; [George Mackenzie] earl of Cromartie; [William Gordon] Lord Haddo; [Sir James Murray of Philiphaugh] lord register; [Sir James Stewart of Goodtrees] lord advocate; [Robert Dundas] Lord Arniston; [William] Lord Anstruther; [Sir Archibald Hope] Lord Rankeillor; [Sir John Maxwell] Lord Pollok; [Robert Stewart] Lord Tillicoultry; [Gilbert Elliot] Lord Minto

1. NRS, PC1/53, 474.

2. NRS, PC1/53, 474.

1. NRS, PC1/53, 474.

2. NRS, PC1/53, 474.