Domestic annals of Scotland : $b from the revolution to the rebellion of 1745Chambers, Robert
History
Domestic annals of Scotland : $b from the revolution to the rebellion of 1745
Chambers, Robert
Scotland -- History -- 1689-1745
In the ensuing June, a poor woman of the same sort, named Janet Cook,
residing in Leith, was denounced for offences in which a father and son
were associated—a turpitude which excited a religious horror, and caused
her to be regarded as a criminal of the highest class. The Lord Advocate
reported of Janet to the Privy Council, that she had been put under the
consideration of the Lords of Justiciary, as a person against whom
‘probation could not be found,’ but that the Lords were nevertheless ‘of
opinion she might be banished the kingdom,’ and she herself had
‘consented to her banishment.’ The Lords of the Privy Council seem to
have had no more difficulty about the case than those of [Sidenote:
1695.] the Court of Justiciary had had; they ordered that Janet should
depart furth of the kingdom and not return, ‘under the highest pains and
penalties.’
In January 1696, a woman named Elizabeth Waterstone, imprisoned on a
charge identical in all respects with the above, was, in like manner,
without trial, banished, with her own consent, to the plantations.
On the 7th of February 1697, four boys who were notorious thieves, and
eight women who were that and worse, were called before the magistrates
of Edinburgh, and ‘interrogat whether or not they would consent freely
to their own banishment furth of this kingdom, and go to his majesty’s
plantations in America.’ ‘They one and all freely and unanimously
consented so to do,’ and arrangements were made by the Privy Council for
their deportation accordingly. It was only ordained regarding the boys
that Lord Teviot might engage them as recruits for Flanders, in which
case he was immediately to commence maintaining them.
On the 15th February 1698, Robert Alexander, ‘a notorious
horse-stealer,’ now in prison, was willing to appease justice by
consenting to banishment without trial. He likewise made discoveries
enabling several countrymen to recover their horses. The Privy Council
therefore ordained him to be transported by the first ship to the
plantations of America, not to return thence under pain of death.
William Baillie, ‘ane Egyptian,’ prisoner in the Tolbooth of Edinburgh,
but regarding whom we hear of no specific offence and no trial, was
summarily ordered (Sep. 12, 1699) to be transported in the first ship
going to the plantations, the skipper to be allowed a proper gratuity
from the treasury, and at the same time to give caution for five hundred
merks that he would produce a certificate of the man being landed in
America.[139]
It was long before justice in Scotland took any qualm about this
free-and-easy way of dealing with accused persons. So late as 1732, two
men of humble rank—Henderson, a sedan-carrier, and Hamilton, a
_street-cadie_—suspected of being accessory to the murder of an
exciseman, having _petitioned_ for banishment before trial, were sent
from the jail in Edinburgh to Glasgow, there to wait a vessel for the
plantations.[140]
[Sidenote: 1695. APR. 3.]
Public-domain text, read in full here on John Shaqi.
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