Tag Archives: January

Procedure, 7 January 1703, Edinburgh

Posted on by

Att Edinburgh The Seventh day of January One Thousand seven Hundred and thrie years

A1703/1/31

Procedure

Litera Magistri Roderici Mackenzie de Prestonhall De officio Justiciarii Clerici in Regno Scotiae

Commission under the great seall of this kingdome In Favors of Mr Rodrick Mckenzie of Prestonhall to be Lord Justice Clerk of this kingdome being presented by Mr Thomas Pringle one of the Clerks of privy Councill was Read and ordered to be recorded; and therafter delyvered by the Earle of Buchan preses for the time to the said Mr Roderick Mckenzie who received the samen upon his knees as use is; and therafter did qualifie himself to her Majestie by swearing the Oath of alledgance and Subscrybing the Samen with the assurance, and the Earle of Buchan Lord preses for the time did tender the oath de fideli to him
Followes the Commission.
Anna Dei Gratia Magnae Brittaniae Franciae et Hiberniae Regina fideique defensor Omnibus probis hominibus suis ad quos presentes Literae Nostrae pervenerint Salutem Quando quidem nos abeunde2 satisfacti de integretati3 et eximiis animi dotibus Fidelissimi et dilectissimi Nostri Magistri Roderici Mackenzie de Prestonhall unde pro Munere loco et officio Justiciarii Nostri Clerici infra praedictum Nostrum Regnum Scotiae Fungendis usquequaque sit Idoneus Noveritis igiter4 Nos Nominasse Constituisse et Ordinasse Sicuti nos tenore presentium Nominamus Constituimus et Ordainamus5 Memoratum Magistrum Rodoricum Mackenzie Durante nostro beneplacito solummodo Nostrum Justiciarium Clericum Clericum dicti Regni Nostri Scotiae Dando Concedendo et Disponendo praefato Magistro Rodorico Mackenzie Durante Spatio antedicto dictum Munus et officium Justiciarii Clerici Cum omnibus honoribus priviledgiis feodis proficuis Immunitatibus et Casualitatibus quibus cunque eo spectantibus per eum tam plenarie et libere in quovis respectu et conditione gaudendis et possidendis; Ac quovis alii in dicto officio predecessores eodem potiti sunt aut quovis tempore retroacto potiri potuerant In Cujus Rei Testimonium presentibus Magnum Sigillum Nostrum Appendi praecipimus apud Aulum6 Nostram de St James’s Trigesimo primo die Mensis Decembris ; Anno Domini Millesimo septingentessimo secundo et Anno regni Nostri primo Per Signaturam Manu S: D: N: Reginae supra scriptam; Wryten on the back thus; Wryten to the great seall and Registrat the sixth day of January 1703. Sic subscribitur Charles Kerr. Sealled at Edinburgh the Sixth day of January Jaj viic and thrie years By Speciall Order till the Seall be renewed Sic Subscribitur Alexander Ogilvie.

Att Edinburgh The Seventh day of January One Thousand seven Hundred and thrie years

A1703/1/31

Procedure

Litera Magistri Roderici Mackenzie de Prestonhall De officio Justiciarii Clerici in Regno Scotiae

Commission under the great seall of this kingdome In Favors of Mr Rodrick Mckenzie of Prestonhall to be Lord Justice Clerk of this kingdome being presented by Mr Thomas Pringle one of the Clerks of privy Councill was Read and ordered to be recorded; and therafter delyvered by the Earle of Buchan preses for the time to the said Mr Roderick Mckenzie who received the samen upon his knees as use is; and therafter did qualifie himself to her Majestie by swearing the Oath of alledgance and Subscrybing the Samen with the assurance, and the Earle of Buchan Lord preses for the time did tender the oath de fideli to him
Followes the Commission.
Anna Dei Gratia Magnae Brittaniae Franciae et Hiberniae Regina fideique defensor Omnibus probis hominibus suis ad quos presentes Literae Nostrae pervenerint Salutem Quando quidem nos abeunde2 satisfacti de integretati3 et eximiis animi dotibus Fidelissimi et dilectissimi Nostri Magistri Roderici Mackenzie de Prestonhall unde pro Munere loco et officio Justiciarii Nostri Clerici infra praedictum Nostrum Regnum Scotiae Fungendis usquequaque sit Idoneus Noveritis igiter4 Nos Nominasse Constituisse et Ordinasse Sicuti nos tenore presentium Nominamus Constituimus et Ordainamus5 Memoratum Magistrum Rodoricum Mackenzie Durante nostro beneplacito solummodo Nostrum Justiciarium Clericum Clericum dicti Regni Nostri Scotiae Dando Concedendo et Disponendo praefato Magistro Rodorico Mackenzie Durante Spatio antedicto dictum Munus et officium Justiciarii Clerici Cum omnibus honoribus priviledgiis feodis proficuis Immunitatibus et Casualitatibus quibus cunque eo spectantibus per eum tam plenarie et libere in quovis respectu et conditione gaudendis et possidendis; Ac quovis alii in dicto officio predecessores eodem potiti sunt aut quovis tempore retroacto potiri potuerant In Cujus Rei Testimonium presentibus Magnum Sigillum Nostrum Appendi praecipimus apud Aulum6 Nostram de St James’s Trigesimo primo die Mensis Decembris ; Anno Domini Millesimo septingentessimo secundo et Anno regni Nostri primo Per Signaturam Manu S: D: N: Reginae supra scriptam; Wryten on the back thus; Wryten to the great seall and Registrat the sixth day of January 1703. Sic subscribitur Charles Kerr. Sealled at Edinburgh the Sixth day of January Jaj viic and thrie years By Speciall Order till the Seall be renewed Sic Subscribitur Alexander Ogilvie.

1. NRS, PC1/52, 487-8.

2. Sic.

3. Sic.

4. Sic.

5. Sic.

6. Sic.

1. NRS, PC1/52, 487-8.

2. Sic.

3. Sic.

4. Sic.

5. Sic.

6. Sic.

Procedure, 7 January 1703, Edinburgh

Posted on by

Att Edinburgh The Seventh day of January One Thousand seven Hundred and thrie years

A1703/1/21

Procedure

[Buchan elected Preses]

In absence of the Lord Chancelor and president of privy Councill the Earle of Buchan elected preses.

Att Edinburgh The Seventh day of January One Thousand seven Hundred and thrie years

A1703/1/21

Procedure

[Buchan elected Preses]

In absence of the Lord Chancelor and president of privy Councill the Earle of Buchan elected preses.

1. NRS, PC1/52, 487.

1. NRS, PC1/52, 487.

Sederunt, 7 January 1703, Edinburgh

Posted on by

Att Edinburgh The Seventh day of January One Thousand seven Hundred and thrie years1

A1703/1/12

Sederunt

Sederunt:
Earl of Buchan; Earl of Eglingtoun; Earl of Loudoune; Lord Register; Lord Advocat; Lord Aberurchill; Lord Halcraig; Lord Crossrig; Lord Rankeilor; Lord Phesdoe; Mr Fra: Montgomry

Att Edinburgh The Seventh day of January One Thousand seven Hundred and thrie years1

A1703/1/12

Sederunt

Sederunt:
Earl of Buchan; Earl of Eglingtoun; Earl of Loudoune; Lord Register; Lord Advocat; Lord Aberurchill; Lord Halcraig; Lord Crossrig; Lord Rankeilor; Lord Phesdoe; Mr Fra: Montgomry

1. NRS, PC1/52, 487.

2. NRS, PC1/52, 487.

1. NRS, PC1/52, 487.

2. NRS, PC1/52, 487.

Act, 29 January 1702, Edinburgh

Posted on by

Att Edinburgh the Twenty Nynth day of January Jaj viic and two years

A1702/1/181

Act

Act Liberating Patrick Lesslie Count of the Empyre.

Anent a Petition given in to the Lords of his Majesties privy Councill be Patrick Lessly of Balquhyne Count of the Empyre Shewing That wher the petitioner was apprehended at his oun house and brought prisoner to the Tolbooth of Aberdeen by a party of Souldiers haveing warrand as the petitioner Supposed from a Committie of the saids Lords number The petitioner must with all Submission profess that it was a very great Surprize Since he was then not only aged and infirme but hade Lived and behaved himself with all possible care and Caution to give no offence to the Government in any thing; And as for what the petitioner did apprehend might have been the Occasion for granting the forsaid order The Countes of Seaforth her carieing her sone away; the Earle, and her daughter furth of the kingdome; The petitioner did Sinceirly protest the petitioner hade neither knowledge of it nor occasion to it, and if in any thing else the petitioner was chargeable the petitioner was most ready to vindicat and Submitt himself to the saids Lords as became a good and peaceable Subject Seing That then the petitioner was old and infirme as was Notour and hade also as he hoped Lived hitherto inoffencively As also that knew him could testifie And Therfore humbly Supplicating the saids Lords to the effect aftermentioned. The Lords of his Majesties privy Councill haveing Considered the above petition given in to them be Patrick Leslie of Balquhyne Count of the Empyre They hereby Give Order and warrand to the Magistrats of Aberdeen and keeper of their Tolbooth to sett the petitioner at Libertie furth therof In Respect before extracting hereof he hath given bond and found sufficient Caution Acted in the books of his Majesties privy Councill That the said Patrick Lesslie should appear and answer to any Lybell that should be offered against him for the cryme or offence wherwith he is charged before their Lordships at any time within the Space of six Moneths Under the penaltie of Thrie Thousand merks Scots in the termes of the act of parliament for preventing wrongeous Imprisonment.

Att Edinburgh the Twenty Nynth day of January Jaj viic and two years

A1702/1/181

Act

Act Liberating Patrick Lesslie Count of the Empyre.

Anent a Petition given in to the Lords of his Majesties privy Councill be Patrick Lessly of Balquhyne Count of the Empyre Shewing That wher the petitioner was apprehended at his oun house and brought prisoner to the Tolbooth of Aberdeen by a party of Souldiers haveing warrand as the petitioner Supposed from a Committie of the saids Lords number The petitioner must with all Submission profess that it was a very great Surprize Since he was then not only aged and infirme but hade Lived and behaved himself with all possible care and Caution to give no offence to the Government in any thing; And as for what the petitioner did apprehend might have been the Occasion for granting the forsaid order The Countes of Seaforth her carieing her sone away; the Earle, and her daughter furth of the kingdome; The petitioner did Sinceirly protest the petitioner hade neither knowledge of it nor occasion to it, and if in any thing else the petitioner was chargeable the petitioner was most ready to vindicat and Submitt himself to the saids Lords as became a good and peaceable Subject Seing That then the petitioner was old and infirme as was Notour and hade also as he hoped Lived hitherto inoffencively As also that knew him could testifie And Therfore humbly Supplicating the saids Lords to the effect aftermentioned. The Lords of his Majesties privy Councill haveing Considered the above petition given in to them be Patrick Leslie of Balquhyne Count of the Empyre They hereby Give Order and warrand to the Magistrats of Aberdeen and keeper of their Tolbooth to sett the petitioner at Libertie furth therof In Respect before extracting hereof he hath given bond and found sufficient Caution Acted in the books of his Majesties privy Councill That the said Patrick Lesslie should appear and answer to any Lybell that should be offered against him for the cryme or offence wherwith he is charged before their Lordships at any time within the Space of six Moneths Under the penaltie of Thrie Thousand merks Scots in the termes of the act of parliament for preventing wrongeous Imprisonment.

1. NRS, PC1/52, 336-7.

1. NRS, PC1/52, 336-7.

Warrant, 29 January 1702, Edinburgh

Posted on by

Att Edinburgh the Twenty Nynth day of January Jaj viic and two years

A1702/1/171

Warrant

Warrant for delyvering Duncan Mcfarline to Captain Lander to be a souldier

The Councill Doe hereby Give order and warrand to the Magistrats of Edinburgh and keeper of their Tolbooth to delyver the person of Duncan Mcfarlane prisoner therin to Captain Andrew Lauder to be caried abroad by him to serve as a Souldier in his Majesties Service The said Captain Lauder first paying the Goodman of the said Tolbooth for the Mantinance of the said Duncan Mcfarlane as also the house dues due by the said Duncan Mcfarlane from the date of his consent to goe abroad with the said Captain Lauder as said is which was upon the Twenty thrid day of January instant.

Att Edinburgh the Twenty Nynth day of January Jaj viic and two years

A1702/1/171

Warrant

Warrant for delyvering Duncan Mcfarline to Captain Lander to be a souldier

The Councill Doe hereby Give order and warrand to the Magistrats of Edinburgh and keeper of their Tolbooth to delyver the person of Duncan Mcfarlane prisoner therin to Captain Andrew Lauder to be caried abroad by him to serve as a Souldier in his Majesties Service The said Captain Lauder first paying the Goodman of the said Tolbooth for the Mantinance of the said Duncan Mcfarlane as also the house dues due by the said Duncan Mcfarlane from the date of his consent to goe abroad with the said Captain Lauder as said is which was upon the Twenty thrid day of January instant.

1. NRS, PC1/52, 336.

1. NRS, PC1/52, 336.

Act, 29 January 1702, Edinburgh

Posted on by

Att Edinburgh the Twenty Nynth day of January Jaj viic and two years

A1702/1/161

Act

Act approveing the Imprisoneing of Patrick Lesly

The Marques of Annandale and Sir James Stewart his Majesties Advocat as being two of the Committee appointed to enquire how, by whom and after what manner the Earle of Seaforth was caried out of this kingdome Haveing Reported to the Lords of his Majesties privy Councill; That the Committie hade Issued our orders for apprehending of Patrick Lesslie of Balquhyn Count of the Empyre and […] his brother a Jesuit who is in popish orders as being accessory to the carieing furth of this kingdome the person of the said Earle of Seaforth; And that by vertue of the said Orders the said Count Lesslie is apprehended and incarcerat within the Tolbooth of Aberdeen; The saids Lords doe hereby approve of the forsaid orders of the said Committie for apprehending and Committing as aforsaid.

Att Edinburgh the Twenty Nynth day of January Jaj viic and two years

A1702/1/161

Act

Act approveing the Imprisoneing of Patrick Lesly

The Marques of Annandale and Sir James Stewart his Majesties Advocat as being two of the Committee appointed to enquire how, by whom and after what manner the Earle of Seaforth was caried out of this kingdome Haveing Reported to the Lords of his Majesties privy Councill; That the Committie hade Issued our orders for apprehending of Patrick Lesslie of Balquhyn Count of the Empyre and […] his brother a Jesuit who is in popish orders as being accessory to the carieing furth of this kingdome the person of the said Earle of Seaforth; And that by vertue of the said Orders the said Count Lesslie is apprehended and incarcerat within the Tolbooth of Aberdeen; The saids Lords doe hereby approve of the forsaid orders of the said Committie for apprehending and Committing as aforsaid.

1. NRS, PC1/52, 336.

1. NRS, PC1/52, 336.

Sederunt, 29 January 1702, Edinburgh

Posted on by

Att Edinburgh the Twenty Nynth day of January Jaj viic and two years1

A1702/1/152

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Marquis of Annandale; Earl of Crafurd; Earl of Loudoun; Earl of Northesk; Earl of Forfar; Viscount Tarbat; Viscount Rosbery; Lord Boyle; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchle; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Phesdoe; Mr Fr: Montgomry; Laird of Grant; Lord Provest of Edinburgh; Laird of Meggins

Att Edinburgh the Twenty Nynth day of January Jaj viic and two years1

A1702/1/152

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Marquis of Annandale; Earl of Crafurd; Earl of Loudoun; Earl of Northesk; Earl of Forfar; Viscount Tarbat; Viscount Rosbery; Lord Boyle; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchle; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Phesdoe; Mr Fr: Montgomry; Laird of Grant; Lord Provest of Edinburgh; Laird of Meggins

1. NRS, PC1/52, 335.

2. NRS, PC1/52, 335.

1. NRS, PC1/52, 335.

2. NRS, PC1/52, 335.

Order, 22 January 1702, Edinburgh

Posted on by

Att Edinburgh The Twenty two day of January Jaj viic and two years

A1702/1/141

Order

Order to the Macers to advertise the Committie anent the Mint

The Lords of his Majesties privy Councill Ordaines their Macers to acquaint the Committie anent the Mint Viz The Duke of Argyll Marques of Annandale, Earles of Marr, Leven, Hyndford, Secretary of State; Viscount Tarbat Lord Polwarth; Lord Forbes Lord president of Session Lord Advocat; Lord thesaurer depute Lord Justice Clerk Lords Philiphaugh and Halcraig Mr Francis Montgomry and Sir Robert Sinclair of Stivensone to meet upon Munday nixt being the twenty sixth instant at ten of the Cloak in the forenoon, In his Majesties Mint house; And Recommends to them to take tryall of his Majesties Mint Conforme to the acts of parliament anent the Mint And to hear and consider all such other overtures or propossalls as shall be made to their Lordships by the Generall or other officers or Servants of his Majesties Minthouse and to Report their oppinion to the Councill and Continues the quorum of the said Committie as formerly being any fyve of them

Att Edinburgh The Twenty two day of January Jaj viic and two years

A1702/1/141

Order

Order to the Macers to advertise the Committie anent the Mint

The Lords of his Majesties privy Councill Ordaines their Macers to acquaint the Committie anent the Mint Viz The Duke of Argyll Marques of Annandale, Earles of Marr, Leven, Hyndford, Secretary of State; Viscount Tarbat Lord Polwarth; Lord Forbes Lord president of Session Lord Advocat; Lord thesaurer depute Lord Justice Clerk Lords Philiphaugh and Halcraig Mr Francis Montgomry and Sir Robert Sinclair of Stivensone to meet upon Munday nixt being the twenty sixth instant at ten of the Cloak in the forenoon, In his Majesties Mint house; And Recommends to them to take tryall of his Majesties Mint Conforme to the acts of parliament anent the Mint And to hear and consider all such other overtures or propossalls as shall be made to their Lordships by the Generall or other officers or Servants of his Majesties Minthouse and to Report their oppinion to the Councill and Continues the quorum of the said Committie as formerly being any fyve of them

1. NRS, PC1/52, 335.

1. NRS, PC1/52, 335.

Sederunt, 22 January 1702, Edinburgh

Posted on by

Att Edinburgh The Twenty two day of January Jaj viic and two years1

A1702/1/132

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Marquis of Annandale; Earl of Crafurd; Earl of Lauderdale; Earl of Lowdon; Viscount Tarbat; Lord Montgomry; Lord Boyle; Lord Advocat; Lord Justice Clerk; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Laird of Grant; Laird of Meggins

Att Edinburgh The Twenty two day of January Jaj viic and two years1

A1702/1/132

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Marquis of Annandale; Earl of Crafurd; Earl of Lauderdale; Earl of Lowdon; Viscount Tarbat; Lord Montgomry; Lord Boyle; Lord Advocat; Lord Justice Clerk; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Laird of Grant; Laird of Meggins

1. NRS, PC1/52, 335.

2. NRS, PC1/52, 335.

1. NRS, PC1/52, 335.

2. NRS, PC1/52, 335.

Act, 15 January 1702, Edinburgh

Posted on by

Att Edinburgh the Fifteinth day of January Jaj viic and two years

A1702/1/121

Act

Act Commuting the Sentance against Allaster More from Death to Banishment

Anent a Petition given in and presented to the Lords of his Majesties privy Councill be Alexander Mcdonald alias Allaster More Shewing That the petitioner being condemned to die on the 23d Instant by the Commissioners of Justiciary for the Northern district The petitioner Seing the Same wes approven by the Saids Lords But did humbly begg and Supplicat, That the saids Lords would be pleased to extend that pittie and Mercie to the petitioner which the saids Lords hade formerly done to others as great Criminalls as the petitioner Since the happy revolution And to excite the Saids Lords Clemencie and Compassion The petitioner most earnestly beseech the Saids Lords would be pleased to Consider first the missfortune of the petitioners education haveing been hitherto brought up in great Ignorance; And that Notwithstanding therof his greatest enemies hade not hitherto nor could they Accuse the petitioner of blood, Murder or any Such barbaratie; But that any crimes or Irregularities the petitioner hade been guilty off, Hade proceeded aither from Necessitie or his blind Complyance with and following those on whom the petitioner depended /2o/ The petitioner did Still flatter himself with hopes of Safety Because the Commissioners did contrair to the saids Lords order (as the petitioner conceived) Sentance the petitioner to be execute against a precise determinat time; Notwithstanding of the saids Lords act and order intimate to them to Sist execution untill the process were laid before the Saids Lords and furder orders given theranent; Wherby the petitioner have not hade these due and Serious thoughts of death and Eternity, which were necessary for the petitioner in his condition, And wes then most unfitt and unprepared to dye, Especially Seing ther was no Minister upon the place to exhort him that could Speak his oun language Wherby the petitioner was at present a Singular object of the Saids Lords Clemancy and pittie And Therfore most earnestly intreating the Saids Lords for his Savior Jesus Christs Sake to take his Lamantable condition to their Serious consideration; and aither Mittigat and Change his Sentance of death to banishment perpetuall Imprisonment or what else the Saids Lords Should think fitt under the Severest penalty of death in caice the petitioners Should contraveen or returne to this kingdome Or at Least that the saids Lords would be pleased (out of pitie and regaird to his future State and condition) To grant him a reprive for such a Competent time As the saids Lords Should think fitt that he might the better prepair and dispose himself to die And the petitioner for his long life and happines to his Sacred Majestie and the Saids Lords, and all prosperity to the Government Shall ever pray As the said petition bears The Lords of his Majesties privy Councill haveing Considered the above petition presented to them by Alexander Mcdonald alias Alaster More with the former interloquitor of Councill past upon the eight day of January Current for puting the Sentance of Death pronunced by the Commissioners of Justiciary for the Northern district of the Highlands against the said Alexander Mcdonald alias Allaster More in execution upon the twentie thrid day of this present moneth of January; The Saids Lords of his Majesties privy Councill Have Commuted and Changed and hereby Commutes and Changes the Said Sentance of Death pronunced by the saids Commissioners of Justiciary for the Northern district and appointed to have been execute by the forsaid order of privy Councill from the paines of death and Have Revocked and hereby Revock and discharge the Said former order of privy Councill of the date the Eight day of January Current from takeing effect and being put to executione And have Discharged and hereby Discharges the Saids Magistrates of Aberdeen from putting of the Said Sentance of death pronunced against the Said Alexander Mcdonald alias Allaster More upon the forsaid processes before the Said Commissioners of the Highland Justiciary and mentioned in the Said order of privy Councill to any executione upon the day forsaid or at any time hereafter And the Saids Lords of his Majesties privy Councill Nevertheless hereby Requyre and Command the Saids Magistrates of Aberdeen and keepers of their prison; to hold keep and detaine the person of the said Alexander Mcdonald alias Allaster More prisoner in sure ward firmance and safe Custody within their Tolbooth as they will be answerable untill they shall receive the furder orders of the saids Lords of his Majesties privy Councill thereanent Sic Subscribitur Marchmont Cancellar, Melvill P. Annandale. Lauderdale. Loudoun, Northesk. Tarbat. Montgomry, Lodovick Grant.

Att Edinburgh the Fifteinth day of January Jaj viic and two years

A1702/1/121

Act

Act Commuting the Sentance against Allaster More from Death to Banishment

Anent a Petition given in and presented to the Lords of his Majesties privy Councill be Alexander Mcdonald alias Allaster More Shewing That the petitioner being condemned to die on the 23d Instant by the Commissioners of Justiciary for the Northern district The petitioner Seing the Same wes approven by the Saids Lords But did humbly begg and Supplicat, That the saids Lords would be pleased to extend that pittie and Mercie to the petitioner which the saids Lords hade formerly done to others as great Criminalls as the petitioner Since the happy revolution And to excite the Saids Lords Clemencie and Compassion The petitioner most earnestly beseech the Saids Lords would be pleased to Consider first the missfortune of the petitioners education haveing been hitherto brought up in great Ignorance; And that Notwithstanding therof his greatest enemies hade not hitherto nor could they Accuse the petitioner of blood, Murder or any Such barbaratie; But that any crimes or Irregularities the petitioner hade been guilty off, Hade proceeded aither from Necessitie or his blind Complyance with and following those on whom the petitioner depended /2o/ The petitioner did Still flatter himself with hopes of Safety Because the Commissioners did contrair to the saids Lords order (as the petitioner conceived) Sentance the petitioner to be execute against a precise determinat time; Notwithstanding of the saids Lords act and order intimate to them to Sist execution untill the process were laid before the Saids Lords and furder orders given theranent; Wherby the petitioner have not hade these due and Serious thoughts of death and Eternity, which were necessary for the petitioner in his condition, And wes then most unfitt and unprepared to dye, Especially Seing ther was no Minister upon the place to exhort him that could Speak his oun language Wherby the petitioner was at present a Singular object of the Saids Lords Clemancy and pittie And Therfore most earnestly intreating the Saids Lords for his Savior Jesus Christs Sake to take his Lamantable condition to their Serious consideration; and aither Mittigat and Change his Sentance of death to banishment perpetuall Imprisonment or what else the Saids Lords Should think fitt under the Severest penalty of death in caice the petitioners Should contraveen or returne to this kingdome Or at Least that the saids Lords would be pleased (out of pitie and regaird to his future State and condition) To grant him a reprive for such a Competent time As the saids Lords Should think fitt that he might the better prepair and dispose himself to die And the petitioner for his long life and happines to his Sacred Majestie and the Saids Lords, and all prosperity to the Government Shall ever pray As the said petition bears The Lords of his Majesties privy Councill haveing Considered the above petition presented to them by Alexander Mcdonald alias Alaster More with the former interloquitor of Councill past upon the eight day of January Current for puting the Sentance of Death pronunced by the Commissioners of Justiciary for the Northern district of the Highlands against the said Alexander Mcdonald alias Allaster More in execution upon the twentie thrid day of this present moneth of January; The Saids Lords of his Majesties privy Councill Have Commuted and Changed and hereby Commutes and Changes the Said Sentance of Death pronunced by the saids Commissioners of Justiciary for the Northern district and appointed to have been execute by the forsaid order of privy Councill from the paines of death and Have Revocked and hereby Revock and discharge the Said former order of privy Councill of the date the Eight day of January Current from takeing effect and being put to executione And have Discharged and hereby Discharges the Saids Magistrates of Aberdeen from putting of the Said Sentance of death pronunced against the Said Alexander Mcdonald alias Allaster More upon the forsaid processes before the Said Commissioners of the Highland Justiciary and mentioned in the Said order of privy Councill to any executione upon the day forsaid or at any time hereafter And the Saids Lords of his Majesties privy Councill Nevertheless hereby Requyre and Command the Saids Magistrates of Aberdeen and keepers of their prison; to hold keep and detaine the person of the said Alexander Mcdonald alias Allaster More prisoner in sure ward firmance and safe Custody within their Tolbooth as they will be answerable untill they shall receive the furder orders of the saids Lords of his Majesties privy Councill thereanent Sic Subscribitur Marchmont Cancellar, Melvill P. Annandale. Lauderdale. Loudoun, Northesk. Tarbat. Montgomry, Lodovick Grant.

1. NRS, PC1/52, 333-5.

1. NRS, PC1/52, 333-5.