Act, 23 July 1706, Edinburgh

Att Edinburgh the Twentie third day of July Jaj vijc and Six yeirs

A1706/7/171

Act

Commutement of Bessie Muckiesons Sentence of Death to banishment

Anent the Supplication given in and presented to the Lords of her Majesties Privie Councell By Bessie Muckiesone prisoner in the Tollbooth of Edinburgh, Humbly Shewing That She being Incarcerat these two years bygone wpon account of bearing a Child gotten by Robert Boggie of Kenniestoun in Fyfe, She had to Gods glory, and peace of her own Conscience, As the Lords of Justiciary will declaire, Ingenuously confest the way and maner of her guilt, And the treacherous dealing, and abominable Councill given to her a poor ignorant woman by the said Robert Boggie the father for concealling the said Child, (For which She humbly conceaved he ought to be confronted and censured) But by divyne providence the child tho2 borne dead, was never wronged in its birth, and it was knowen She was with Child but concealled the bearing to her great and wnspeakable Lamentation, For which She Justly deserved to Sufferr; And Seeing She was a poor miserable object, and ane ignorant wretch destitut of freinds, throwing herselfe att ther lordships foot stooll for pity and accustomed clemency That the Just Sentence of her deserved death might be mitigat and changed into banishment, That She might be a living monument of a true penitent for her abominable guilt, And therfor Craveing to the effect wnderwrittin, As the said petition bears, The Lords of her Majesties Privie Councell haveing considered the petition given in to them By Bessie Muckiesone prisoner in the Tollbooth of Edinburgh, And the Samen being read in ther presence, The Saids Lords have Commuted and Changed, and heirby Commutes and Changes the Sentance of death pronounced against the Petitioner by the Commissioners of Justiciary for the cryme of concealling the birth of her own Child, from death to banishment furth of this kingdome, And have discharged and heirby discharges the said sentence of death to putt to any farder execution against the petitioner in tyme comeing, And in place therof have Decerned and Ordained, And heirby decerns and ordains the petitioner to inact herselfe in the books of privie Councell that She Shall depairt furth of this kingdome betwixt and the fyfteinth day of August nixt to come, And Shall never returne therto, without her Majestie or the Privie Councells leave wnder the paine of death; And ordains the magistrats of Edinburgh, and keepers of ther Tollbooth to Sett the petitioner att liberty wpon her inacting herselfe in maner forsaid Sic Subscribitur Montrose P. Buchan. Findlater. Northesk. Forfar. Dunmore. James Steuart. William Anstruther. John Maxwell. Alexander Campbell.

At Edinburgh 23 July 1706

A1706/7/171

Act

Commutation of Bessie Muckieson’s sentence of death to banishment

Concerning the supplication given in and presented to the lords of her majesty’s privy council by Bessie Muckieson, prisoner in the tolbooth of Edinburgh, humbly showing that she being incarcerate these two years bygone upon account of bearing a child gotten by Robert Boggie of Kennieston in Fife, she had to God’s glory, and peace of her own conscience, as the lords of justiciary will declare, ingenuously confessed the way and manner of her guilt, and the treacherous dealing and abominable counsel given to her, a poor ignorant woman, by the said Robert Boggie, the father, for concealing the said child (for which she humbly conceived he ought to be confronted and censured), but by divine providence the child though born dead was never wronged in its birth, and it was known she was with child, but concealed the bearing to her great and unspeakable lamentation, for which she justly deserved to suffer. And seeing she was a poor miserable object, and an ignorant wretch destitute of friends, throwing herself at their lordships’ foot-stool for pity and accustomed clemency that the just sentence of her deserved death might be mitigated and changed into banishment, that she might be a living monument of a true penitent for her abominable guilt, and therefor craving to the effect underwritten, as the said petition bears. The lords of her majesty’s privy council having considered the petition given in to them by Bessie Muckieson, prisoner in the tolbooth of Edinburgh, 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 petitioner by the commissioners of justiciary for the crime of concealing the birth of her own child from death to banishment forth of this kingdom. And have discharged and hereby discharge the said sentence of death to put to any further execution against the petitioner in time coming. And in place thereof have discerned and ordained, and hereby discern and ordain the petitioner to enact herself in the books of privy council that she shall depart forth of this kingdom between [now] and 15 August next to come, and shall never return thereto, without her majesty’s or the privy council’s leave, under the pain of death. And ordain the magistrates of Edinburgh, and keepers of their tolbooth, to set the petitioner at liberty upon her enacting herself in manner foresaid Sic Subscribitur Montrose president; Buchan; Findlater; Northesk; Forfar; Dunmore; James Stewart; William Anstruther; John Maxwell; Alexander Campbell.

1. NRS, PC1/53, 481.

2. Insertion. This appears above the word ‘was’, which has been scored out.

1. NRS, PC1/53, 481.

2. Insertion. This appears above the word ‘was’, which has been scored out.

Letter: royal, 23 July 1706, Edinburgh

Att Edinburgh the Twentie third day of July Jaj vijc and Six yeirs

A1706/7/161

Letter: royal

Letter from the Queen to the Counsell adding Sir Alexander Campbell of Cessnock to the Councell

Letter from the Queens Majestie to the Councell adding Sir Alexander Campbell of Cessnock, one of the Senators of the Colledge of Justice, To the Privie Councell, Read and ordered to be recorded, and the said Lord Cessnock being Called in qualified himselfe to her Majestie by Swearing the oath of alleadgance, And Subscrybeing the Same with the assureance, And therafter the Marques of Montrose Lord President of Privie Councell did tender to his lordship the oath de fidely, and then his lordship took his place att the Board accordingly.
Sic Supra Scribitur
Anne Regina
Right trustie and right well beloved Cousine and Councellor, Right trustie and intirely 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, wheras in consideration of the Lyaltie and abilities of Sir Alexander Campbell of Cessnock, one of the Senators of our Colledge of Justice, wee have thought fitt to add him to the privie Councell of that our kingdome, It is therfor our will and pleasure, And wee doe heirby authorise and requyre yow to admitt and receive him into that our privie Counsell In the ordinary forme and methode in the lyke cases accustomed For doeing wherof this Shall be your warrant; So wee bidd yow heartily fairwell; Given att our Court att Windsor Castell the twenty nynth day of June Jaj vijc and Six and of our reigne the fyfth year, By her Majesties Command Sic Subscribitur Loudoun.

At Edinburgh 23 July 1706

A1706/7/161

Letter: royal

Letter from the queen to the council adding Sir Alexander Campbell of Cessnock to the council

Letter from the queen’s majesty to the council adding Sir Alexander Campbell of Cessnock, one of the senators of the college of justice, to the privy council, read and ordered to be recorded, and the said Lord Cessnock being called in qualified himself to her majesty by swearing the oath of allegiance and subscribing the same with the assurance, and thereafter [James Graham] the marquis of Montrose, lord president of privy council did tender to his lordship the oath de fideli, and then his lordship took his place at the board accordingly.
Sic Supra Scribitur
Anne Regina
Right trusty and right well beloved cousin and councillor, right trusty and entirely beloved cousins and councillors, right trusty and well beloved cousins and councillors, right trusty and well beloved councillors, and trusty and well beloved councillors, we greet you well. Whereas in consideration of the loyalty and abilities of Sir Alexander Campbell of Cessnock, one of the senators of our college of justice, we have thought fit to add him to the privy council of that our kingdom, it is therefor our will and pleasure, and we doe hereby authorise and require you to admit and receive him into that our privy council in the ordinary form and method in the like cases accustomed. For doing whereof this shall be your warrant. So we bid you heartily farewell. Given at our court at Windsor Castle 29 June 1706, and of our reign the fifth year. By her majesty’s command Sic Subscribitur Loudoun.

1. NRS, PC1/53, 480-1.

1. NRS, PC1/53, 480-1.

Sederunt, 23 July 1706, Edinburgh

Att Edinburgh the Twentie third day of July Jaj vijc and Six yeirs1

A1706/7/152

Sederunt

Marquis of Montrose P.; Earl of Buchan; Earl of Findlater; Earl of Northesk; Earl of Forfar; Earl of Dunmore; Lord Haddo; Lord Register; Lord Advocat; Lord Arniestoun; Lord Ensteruther; Lord Rankeillor; Lord Pollock; Lord Cessnock; Lord Minto

At Edinburgh 23 July 17061

A1706/7/152

Sederunt

[James Graham] marquis of Montrose president; [David Erskine] earl of Buchan; [James Ogilvie] earl of Findlater; [David Carnegie] earl of Northesk; [Archibald Douglas] earl of Forfar; [Charles Murray] earl of Dunmore; [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; [Sir Alexander Campbell] Lord Cessnock; [Gilbert Elliot] Lord Minto

1. NRS, PC1/53, 480.

2. NRS, PC1/53, 480.

1. NRS, PC1/53, 480.

2. NRS, PC1/53, 480.