Tag Archives: January

Warrant, 19 January 1699, Edinburgh

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Att Edinburgh The nynteenth day of January Jaj vjc nynty and nyne years

A1699/1/121

Warrant

Warrand for changing the sentence of death to Banishment pronunced against Scarlet Young and Bailies

The Lords of his Majesties privy Councill Doe heirby Commute and Change, The Sentence of death pronunced by the Lords Commissioners of his majesties Justiciarie against John Scarlet and Wiliam Young, James Wiliam Patrick and Wiliam Bailies all presently prisoners in the Tolbooth of Edinburgh from death, The saids hail forsaids persons first Inacting themselves in the books of privy Councill That they shall depairt furth of his majesties Dominions to his Majesties plantationes in America. And That they shall never Return within his majesties Dominions under the pain of having the forsaid sentence of death pronunced against them put to Execution without mercy or furder delay And In Respect the said John Scarlet hes given Bond and fund sufficient Caution acted in the Books of privy Councill That he shall depairt to the forsaids plantations and never Return within his Majesties Dominions under the penalty of five Hundereth merks by and attour the putting the sentence of death to Execution against him, as said is. And In Respect the saids four persons abovenamed called Bailies have also Given Bond and found sufficient Caution acted in manner forsaid That they shall depairt to his Majesties plantations and never Return within his Majesties Dominions under the penalty of five Hundered merks To be paid be them and their Cautioners Besides the Execution of the forsaid sentence of death pronunced against them as said is And The Saids Lords Appoints the magistrats of Edinburgh To cause convoy the hail persons abovenamed from their Tolbooth of Edinburgh under a sufficient Guard. And to see them shiped in the ships lying in the road or harbour of Leith, Designing for his Majesties plantations in America, And appoints the said John Scarlet and Wiliam Young to be keeped in Irons from the said Tolbooth to the ship sic subscribitur Marchmont Cancellar. Argyll. Crafurd. Marr Morton, Loudoun, Strathnaver. A: Hope G Home.

Att Edinburgh The nynteenth day of January Jaj vjc nynty and nyne years

A1699/1/121

Warrant

Warrand for changing the sentence of death to Banishment pronunced against Scarlet Young and Bailies

The Lords of his Majesties privy Councill Doe heirby Commute and Change, The Sentence of death pronunced by the Lords Commissioners of his majesties Justiciarie against John Scarlet and Wiliam Young, James Wiliam Patrick and Wiliam Bailies all presently prisoners in the Tolbooth of Edinburgh from death, The saids hail forsaids persons first Inacting themselves in the books of privy Councill That they shall depairt furth of his majesties Dominions to his Majesties plantationes in America. And That they shall never Return within his majesties Dominions under the pain of having the forsaid sentence of death pronunced against them put to Execution without mercy or furder delay And In Respect the said John Scarlet hes given Bond and fund sufficient Caution acted in the Books of privy Councill That he shall depairt to the forsaids plantations and never Return within his Majesties Dominions under the penalty of five Hundereth merks by and attour the putting the sentence of death to Execution against him, as said is. And In Respect the saids four persons abovenamed called Bailies have also Given Bond and found sufficient Caution acted in manner forsaid That they shall depairt to his Majesties plantations and never Return within his Majesties Dominions under the penalty of five Hundered merks To be paid be them and their Cautioners Besides the Execution of the forsaid sentence of death pronunced against them as said is And The Saids Lords Appoints the magistrats of Edinburgh To cause convoy the hail persons abovenamed from their Tolbooth of Edinburgh under a sufficient Guard. And to see them shiped in the ships lying in the road or harbour of Leith, Designing for his Majesties plantations in America, And appoints the said John Scarlet and Wiliam Young to be keeped in Irons from the said Tolbooth to the ship sic subscribitur Marchmont Cancellar. Argyll. Crafurd. Marr Morton, Loudoun, Strathnaver. A: Hope G Home.

1. NRS, PC1/51, 520-1.

1. NRS, PC1/51, 520-1.

Sederunt, 19 January 1699, Edinburgh

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Att Edinburgh The nynteenth day of January Jaj vjc nynty and nyne years1

A1699/1/112

Sederunt

Lord Chancellor; Earl of Argyle; Earl of Crafurd; Earl of Mar; Earl of Morton; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Annandale; Lord Strathnaver; Lord Ruthven; Lord President of Session; Lord Advocate; Lord Justice-Clerk; Lord Philiphaugh; Lord Rankillor; Lord Phesdoe; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Lord Provost of Edinburgh

Att Edinburgh The nynteenth day of January Jaj vjc nynty and nyne years1

A1699/1/112

Sederunt

Lord Chancellor; Earl of Argyle; Earl of Crafurd; Earl of Mar; Earl of Morton; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Annandale; Lord Strathnaver; Lord Ruthven; Lord President of Session; Lord Advocate; Lord Justice-Clerk; Lord Philiphaugh; Lord Rankillor; Lord Phesdoe; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Lord Provost of Edinburgh

1. NRS, PC1/51, 520.

2. NRS, PC1/51, 520.

1. NRS, PC1/51, 520.

2. NRS, PC1/51, 520.

Procedure, 17 January 1699, Edinburgh

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Att Edinburgh The seventeenth day of January Jaj vjc nynty and nyne years

A1699/1/101

Procedure

[No public business]

Ther was no publick Bussiness done this day.

Att Edinburgh The seventeenth day of January Jaj vjc nynty and nyne years

A1699/1/101

Procedure

[No public business]

Ther was no publick Bussiness done this day.

1. NRS, PC1/51, 520.

1. NRS, PC1/51, 520.

Sederunt, 17 January 1699, Edinburgh

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Att Edinburgh The seventeenth day of January Jaj vjc nynty and nyne years1

A1699/1/92

Sederunt

Lord Chancellor; Earl of Argyle; Earl of Mar; Earl of Loudoun; Earl of Leven; Earl of Annandale; Earl of Northesk; Lord Polwarth; Lord Carmichaell; Lord Ruthven; Lord Advocate; Lord Justice-Clerk; Lord Aberuchill; Laird of Grant; Laird of Pollock; Laird of Stevensone; Lord Provost of Edinburgh

Att Edinburgh The seventeenth day of January Jaj vjc nynty and nyne years1

A1699/1/92

Sederunt

Lord Chancellor; Earl of Argyle; Earl of Mar; Earl of Loudoun; Earl of Leven; Earl of Annandale; Earl of Northesk; Lord Polwarth; Lord Carmichaell; Lord Ruthven; Lord Advocate; Lord Justice-Clerk; Lord Aberuchill; Laird of Grant; Laird of Pollock; Laird of Stevensone; Lord Provost of Edinburgh

1. NRS, PC1/51, 520.

2. NRS, PC1/51, 520.

1. NRS, PC1/51, 520.

2. NRS, PC1/51, 520.

Act, 12 January 1699, Edinburgh

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Att Edinburgh The Twelfth day of January Jaj vjc nynty and nyne years

A1699/1/81

Act

Act of Liberation Dingwal and Ross

Anent The Petition given in to the Lords of his majesties privy Councill By Rorie Dingwall and Alexander Ross prisoners within the Tolbooth of Edinburgh Shewing That being cited to, and Examined as witnesses, In the action pursued at the Laird of Balnagouns Instance against the Earle of Tullibardine before their Lordships. They by Reason of the prevaricatione of their depositiones were by their Lordships order Incarcerat. It is Therfore Humbly Represented That they being but Two rurall illiterat young men and never being before any Court whatsomever in their life, And far Less before their Lordships, The next greatest Court of the nation, And that the Earle of Tullibardines Lawyers so damped them with Renewed Interrogators not to them Intelligible, They humbly acknowledge now when it is made understood to them, That they did prevaricat in some Circumstances, But as they still solemnly adhere to the substance of their depositiones, so they plead for Gods sake, That their Lordships would shew them pity having nothing to Leave upon for this moneth by past. And Therfore humbly Craving to the Effect underwrittin as the said petition Bears. The saids Lords of his majesties privy Councill Having considered this petition given in to them By the above Rory Dingwall and Alexander Ross, And they considering also That by their order of the Twenty Seventh of December Last, found no need to give order to his Majesties Advocate for pursueing the saids petitioners Criminally, The saids Lords In Respect That the Earle of Tullibardine nor any other person concerned hes not Insisted against them, since that time doe heirby give order and warrant to the magistrats of Edinburgh and Keeper of their Tolbooth to set the petitioners at Liberty furth thereof for which this shall be to all concerned a sufficient warrand.

Att Edinburgh The Twelfth day of January Jaj vjc nynty and nyne years

A1699/1/81

Act

Act of Liberation Dingwal and Ross

Anent The Petition given in to the Lords of his majesties privy Councill By Rorie Dingwall and Alexander Ross prisoners within the Tolbooth of Edinburgh Shewing That being cited to, and Examined as witnesses, In the action pursued at the Laird of Balnagouns Instance against the Earle of Tullibardine before their Lordships. They by Reason of the prevaricatione of their depositiones were by their Lordships order Incarcerat. It is Therfore Humbly Represented That they being but Two rurall illiterat young men and never being before any Court whatsomever in their life, And far Less before their Lordships, The next greatest Court of the nation, And that the Earle of Tullibardines Lawyers so damped them with Renewed Interrogators not to them Intelligible, They humbly acknowledge now when it is made understood to them, That they did prevaricat in some Circumstances, But as they still solemnly adhere to the substance of their depositiones, so they plead for Gods sake, That their Lordships would shew them pity having nothing to Leave upon for this moneth by past. And Therfore humbly Craving to the Effect underwrittin as the said petition Bears. The saids Lords of his majesties privy Councill Having considered this petition given in to them By the above Rory Dingwall and Alexander Ross, And they considering also That by their order of the Twenty Seventh of December Last, found no need to give order to his Majesties Advocate for pursueing the saids petitioners Criminally, The saids Lords In Respect That the Earle of Tullibardine nor any other person concerned hes not Insisted against them, since that time doe heirby give order and warrant to the magistrats of Edinburgh and Keeper of their Tolbooth to set the petitioners at Liberty furth thereof for which this shall be to all concerned a sufficient warrand.

1. NRS, PC1/51, 519.

1. NRS, PC1/51, 519.

Order, 12 January 1699, Edinburgh

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Att Edinburgh The Twelfth day of January Jaj vjc nynty and nyne years

A1699/1/71

Order

Recommendation To the Lord Advocate To write to the sheriff deput of Renfrew anent some witches

The Lords of his Majesties privy Councill doe heirby allow and Recomend to his Majesties Advocate to write to the sheriff deput of Renfrew, That the Councill doe allow the said sheriff deput To see to the mantenance of such persons as he hes prisoners within the Tolbooth of […] for witchcraft in such Reasonable manner as he can best furnish the saids persons not Exceeding ane groat in the day for the mantenance of each person, And that the Councill will give to the sheriff depute a Recommendation to the Lords Commissioners of his Majesties Thesaury for reimbursement whensoever he shall crave the same from their Lordships.

Att Edinburgh The Twelfth day of January Jaj vjc nynty and nyne years

A1699/1/71

Order

Recommendation To the Lord Advocate To write to the sheriff deput of Renfrew anent some witches

The Lords of his Majesties privy Councill doe heirby allow and Recomend to his Majesties Advocate to write to the sheriff deput of Renfrew, That the Councill doe allow the said sheriff deput To see to the mantenance of such persons as he hes prisoners within the Tolbooth of […] for witchcraft in such Reasonable manner as he can best furnish the saids persons not Exceeding ane groat in the day for the mantenance of each person, And that the Councill will give to the sheriff depute a Recommendation to the Lords Commissioners of his Majesties Thesaury for reimbursement whensoever he shall crave the same from their Lordships.

1. NRS, PC1/51, 519.

1. NRS, PC1/51, 519.

Commission by the Council, 12 January 1699, Edinburgh

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Att Edinburgh The Twelfth day of January Jaj vjc nynty and nyne years

A1699/1/61

Commission by the Council

Commission To Livetennent Caldwel anent forstallers

The Lords of his majesties privy Councill Taking to their consideration That the proclamation against Regrating of victuall and forstallers, of the date the fifteenth of November last, Hath not as yet taken Effect, And been duely observed, and it being necessary for the more Effectual Execution of the said proclamation and restraining the abuses discharged by the several acts of parliament therein mentioned. That some particular person be Intrusted and appointed to look after and take care that the said proclamation be punctualy obeyed and observed, And whom the saids Lords may Require to give ane account from time to time of his diligence in the premises. Therfore The Lords of his majesties privy Councill, Gives full power warrand and Commission To Livetennent […] Caldwell To make Inquirie and search who holds up any victuall in Girnells and does not Expose the samen to sale as the ordinary price Rules in the Countrey for the tyme, contrary to the saids Laws and acts of parliament. And to Conveen and prosecute the Transgressours Before the Judge or Judges Competent, As also To Conveen call and pursue before any of the magistrats mentioned in the said proclamation all persons whatsoever who sell by hail sale or Retaile any meal Bought in publict mercats and such who Buy any other Grain in publict mercat and sell the samen again in whole sale or Retaile in the same Kind as it is bought, and not first made in malt, or Grund in flowr, or meal, Before the sale of the samen, And also all persons whatsoever buying oats or pease, whither in publict mercats or otherways and selling the same Either in whole Sale or retaile Before they be first made in meal, Except what oats are or Shall Be bought and Retailed by the Commissaries of the army for the provision of the horse and Dragoons presently Employed in his Majesties Service, And what are or shal be bought and Retailed by the Stablers and Inn-Keepers within their own houses, with power to the said Livetennent […] Caldwell, To pursue all and any of the persons who shall Contraveen the premises in any sort, before any of the Magistrats or Justices of peace or other Judges mentioned in the said Proclamation where the Contravention is Committed and to obtain them fyned in the soume of Ten pounds scots for Each Boll of meall or other victuall sold or Retailed contrare to the said proclamation. And The Saids Lords heirby appoint and assign to him the one half of the saids fynes wherin the saids persons shall be Convict Conform to the forsaid proclamation. And Likewise to prosecute and obtain Convicted before the magistrats forsaids, all persons guilty of forstalling Contrary to the acts of parliament and forsaid proclamation. That is to say all persons who Buys victuall Coming to fair or mercat or makes any Contract or promise for buying the same before the said victuall shall be in the fair or mercat place ready to be sold or shall make any motion By word write or message for raiseing of the prices or dearer selling of the said victuall, or who shall disswade any from coming and bringing the forsaid victuall to fair or mercat. And for the said Livetennent […] Caldwell his Encouradgement, The saids Lords decerne and ordain the fynes of all persons to be Convict in Transgressing the premises to be paid in and belong to him. Viz: for the first fault fourty pounds. and for the second fault Ane Hundered merks, and for the Third fault the hail moveables of the Transgressour, And the saids Lords doe heirby Require and Command all magistrats and officers of the Law To Concur with and give their assistance to the said Livetennent […] Caldwell in the punctuall Execution of this present Commission which is heirby declared to Endure and Continue during the Councils pleasure allenarly, And to be without hinderance and but prejudice to any other person whatsoever to Inform against and prosecute and upon Conviction to uplift the fines of the transgressors of the proclamation abovementioned and acts of parliament therein specified and the other benefits therein provided. And the saids Lords heirby ordain the said Livetennent […] Caldwell to find sufficient Caution acted in their Books to Execute this Commission with all diligence faithfully without Either oppressing any of his majesties Leidges or vexing them with unnecessary pursuits or Conniving with the Transgressors of the forsaid proclamation In any Sort, And that under the pain or penalty of six Hundered pounds Scots in caice of failzie. Sic subscribitur Marchmont Cancellar, Argyle, Morton, Lauderdale Annandale, Strathnaver, Polwarth, James Stewart, James Murray.

Att Edinburgh The Twelfth day of January Jaj vjc nynty and nyne years

A1699/1/61

Commission by the Council

Commission To Livetennent Caldwel anent forstallers

The Lords of his majesties privy Councill Taking to their consideration That the proclamation against Regrating of victuall and forstallers, of the date the fifteenth of November last, Hath not as yet taken Effect, And been duely observed, and it being necessary for the more Effectual Execution of the said proclamation and restraining the abuses discharged by the several acts of parliament therein mentioned. That some particular person be Intrusted and appointed to look after and take care that the said proclamation be punctualy obeyed and observed, And whom the saids Lords may Require to give ane account from time to time of his diligence in the premises. Therfore The Lords of his majesties privy Councill, Gives full power warrand and Commission To Livetennent […] Caldwell To make Inquirie and search who holds up any victuall in Girnells and does not Expose the samen to sale as the ordinary price Rules in the Countrey for the tyme, contrary to the saids Laws and acts of parliament. And to Conveen and prosecute the Transgressours Before the Judge or Judges Competent, As also To Conveen call and pursue before any of the magistrats mentioned in the said proclamation all persons whatsoever who sell by hail sale or Retaile any meal Bought in publict mercats and such who Buy any other Grain in publict mercat and sell the samen again in whole sale or Retaile in the same Kind as it is bought, and not first made in malt, or Grund in flowr, or meal, Before the sale of the samen, And also all persons whatsoever buying oats or pease, whither in publict mercats or otherways and selling the same Either in whole Sale or retaile Before they be first made in meal, Except what oats are or Shall Be bought and Retailed by the Commissaries of the army for the provision of the horse and Dragoons presently Employed in his Majesties Service, And what are or shal be bought and Retailed by the Stablers and Inn-Keepers within their own houses, with power to the said Livetennent […] Caldwell, To pursue all and any of the persons who shall Contraveen the premises in any sort, before any of the Magistrats or Justices of peace or other Judges mentioned in the said Proclamation where the Contravention is Committed and to obtain them fyned in the soume of Ten pounds scots for Each Boll of meall or other victuall sold or Retailed contrare to the said proclamation. And The Saids Lords heirby appoint and assign to him the one half of the saids fynes wherin the saids persons shall be Convict Conform to the forsaid proclamation. And Likewise to prosecute and obtain Convicted before the magistrats forsaids, all persons guilty of forstalling Contrary to the acts of parliament and forsaid proclamation. That is to say all persons who Buys victuall Coming to fair or mercat or makes any Contract or promise for buying the same before the said victuall shall be in the fair or mercat place ready to be sold or shall make any motion By word write or message for raiseing of the prices or dearer selling of the said victuall, or who shall disswade any from coming and bringing the forsaid victuall to fair or mercat. And for the said Livetennent […] Caldwell his Encouradgement, The saids Lords decerne and ordain the fynes of all persons to be Convict in Transgressing the premises to be paid in and belong to him. Viz: for the first fault fourty pounds. and for the second fault Ane Hundered merks, and for the Third fault the hail moveables of the Transgressour, And the saids Lords doe heirby Require and Command all magistrats and officers of the Law To Concur with and give their assistance to the said Livetennent […] Caldwell in the punctuall Execution of this present Commission which is heirby declared to Endure and Continue during the Councils pleasure allenarly, And to be without hinderance and but prejudice to any other person whatsoever to Inform against and prosecute and upon Conviction to uplift the fines of the transgressors of the proclamation abovementioned and acts of parliament therein specified and the other benefits therein provided. And the saids Lords heirby ordain the said Livetennent […] Caldwell to find sufficient Caution acted in their Books to Execute this Commission with all diligence faithfully without Either oppressing any of his majesties Leidges or vexing them with unnecessary pursuits or Conniving with the Transgressors of the forsaid proclamation In any Sort, And that under the pain or penalty of six Hundered pounds Scots in caice of failzie. Sic subscribitur Marchmont Cancellar, Argyle, Morton, Lauderdale Annandale, Strathnaver, Polwarth, James Stewart, James Murray.

1. NRS, PC1/51, 517-8.

1. NRS, PC1/51, 517-8.

Sederunt, 12 January 1699, Edinburgh

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Att Edinburgh The Twelfth day of January Jaj vjc nynty and nyne years1

A1699/1/52

Sederunt

Lord Chancellor; Earl of Argylle; Earl of Crafurd; Earl of Morton; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Annandale; Earl of Northesk; Lord Strathnaver; Lord Polwarth; Lord Carmichaell; Lord Ruthven; Lord Advocate; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crosrigg; Lord Rankillor; Lord Phesdoe; Laird of Grant; Laird of Pollock; Lord Provost of Edinburgh

Att Edinburgh The Twelfth day of January Jaj vjc nynty and nyne years1

A1699/1/52

Sederunt

Lord Chancellor; Earl of Argylle; Earl of Crafurd; Earl of Morton; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Annandale; Earl of Northesk; Lord Strathnaver; Lord Polwarth; Lord Carmichaell; Lord Ruthven; Lord Advocate; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crosrigg; Lord Rankillor; Lord Phesdoe; Laird of Grant; Laird of Pollock; Lord Provost of Edinburgh

1. NRS, PC1/51, 517.

2. NRS, PC1/51, 517.

1. NRS, PC1/51, 517.

2. NRS, PC1/51, 517.

Act, 5 January 1699, Edinburgh

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Att Edinburgh The Fifth day of January Jaj vjc nynty and nine years

A1699/1/41

Act

Reprive To William Young

The Lords of his Majesties privy Councill Doe heirby Reprive William Young Sentenced to dy for Robbery and pickery, and discharges the sentence of Death pronunced against him to be put to Execution against him till the Twelfth day of January Instant Inclusive, And ordains the magistrats of Edinburgh To see the said sentence put to Execution against the said Wiliam Young upon the Thirteenth day of the said moneth of January Instant without furder delay. Sic subscribitur Marchmont Cancellar. Argyll. Crafurd. Mar. Morton. Loudoun. Strathnaver. A: Hope. James Falconer. George Home.

Att Edinburgh The Fifth day of January Jaj vjc nynty and nine years

A1699/1/41

Act

Reprive To William Young

The Lords of his Majesties privy Councill Doe heirby Reprive William Young Sentenced to dy for Robbery and pickery, and discharges the sentence of Death pronunced against him to be put to Execution against him till the Twelfth day of January Instant Inclusive, And ordains the magistrats of Edinburgh To see the said sentence put to Execution against the said Wiliam Young upon the Thirteenth day of the said moneth of January Instant without furder delay. Sic subscribitur Marchmont Cancellar. Argyll. Crafurd. Mar. Morton. Loudoun. Strathnaver. A: Hope. James Falconer. George Home.

1. NRS, PC1/51, 517.

1. NRS, PC1/51, 517.

Act, 5 January 1699, Edinburgh

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Att Edinburgh The Fifth day of January Jaj vjc nynty and nine years

A1699/1/31

Act

Reprive To John Scarlet

Anent The Petition given in to the Lords of his majesties privy Councill By John Scarlet prisoner in the Tolbooth of Edinburgh Shewing, That whereas he is sentenced by the Lords of his majesties Justiciary To undergo the pain of death upon the sixth of January Instant, for the Crime of thift, And Albeit he acknowledges the Justice of the Sentence, yet the said Crime not being universally punishable by so severe a sentence as Death, But by the practice of the most of neighbouring nations hes only ane arbitrary and far milder punishment Inflicted thereupon, And he having served abroad in this majesties Service and therby Evidenced his affection to the Government, and willingness furder to serve untill the Regiment wherein he served was disbanded and thereby Reduced to great wants and Misery, which made him fall in the misfortune now layed to his Charge and for which he is to undergo the said pain unless their Lordships Take his forsaid Circumstances to their Consideration, and according to their wonted Clemency preveen the same. And Therfore Humbly Craving to the Effect underwrittin as the said petition bears. The saids Lords of his majesties privy Councill Having considered this petition given in to them By the above John Scarlet, They doe heirby Reprive the petitioner and discharges the sentence of death pronunced against him to be put to Execution against him till the Twelfth day of January Instant Inclusive, And ordains the Magistrats of Edinburgh To see the Said Sentence put to Execution against the said petitioner upon the Thirteenth day of the said moneth of January Instant without furder delay. Sic subscribitur Marchmont Cancellar. Argyll. Crafurd. Mar. Morton. Loudoun. Strathnaver. A: Hope. James Falconer. George Home.

Att Edinburgh The Fifth day of January Jaj vjc nynty and nine years

A1699/1/31

Act

Reprive To John Scarlet

Anent The Petition given in to the Lords of his majesties privy Councill By John Scarlet prisoner in the Tolbooth of Edinburgh Shewing, That whereas he is sentenced by the Lords of his majesties Justiciary To undergo the pain of death upon the sixth of January Instant, for the Crime of thift, And Albeit he acknowledges the Justice of the Sentence, yet the said Crime not being universally punishable by so severe a sentence as Death, But by the practice of the most of neighbouring nations hes only ane arbitrary and far milder punishment Inflicted thereupon, And he having served abroad in this majesties Service and therby Evidenced his affection to the Government, and willingness furder to serve untill the Regiment wherein he served was disbanded and thereby Reduced to great wants and Misery, which made him fall in the misfortune now layed to his Charge and for which he is to undergo the said pain unless their Lordships Take his forsaid Circumstances to their Consideration, and according to their wonted Clemency preveen the same. And Therfore Humbly Craving to the Effect underwrittin as the said petition bears. The saids Lords of his majesties privy Councill Having considered this petition given in to them By the above John Scarlet, They doe heirby Reprive the petitioner and discharges the sentence of death pronunced against him to be put to Execution against him till the Twelfth day of January Instant Inclusive, And ordains the Magistrats of Edinburgh To see the Said Sentence put to Execution against the said petitioner upon the Thirteenth day of the said moneth of January Instant without furder delay. Sic subscribitur Marchmont Cancellar. Argyll. Crafurd. Mar. Morton. Loudoun. Strathnaver. A: Hope. James Falconer. George Home.

1. NRS, PC1/51, 516.

1. NRS, PC1/51, 516.