Act, 27 February 1705, Edinburgh

Act, 12 March 1705, Edinburgh

Att Edinburgh the Twentie Sevinth day of February Jaj vijc and fyve years

A1705/2/311

Act

Act and Sentence Against Elspet Tulloch and Jannet Dallas

The Lords of her Majesties Privie Councill Doe heirby Nominat and Appoint the Lords Advocat, Justice Clerk, Hallcraig, Ensteruther and Phesdo, To be a Committie to peruse and consider the report of the tryall of John Roy and others for murder befor the Shirreff of the Shirreffdome of Nairne and his deputs and others, and declairs any two a Quorum, and to report to the Councill nixt Counsell day, The Said Committie haveing mett, And consdiered the said report, Made ther verball report In maner and to the effect wnderurytten The Lords of her Majesties privie Councill haveing this day considered the report of the Comittie appoynted to consider the proces at the instance of the procurator Fiscall of Nairne against John Roy, Elspeth Tulloch and Jannet Dallas, The saids Lords Doe heirby Approve of the procedure of the Commissioners appoynted theranent Insofarras concerns Elspeth Tulloch and appoynts them to proceed to pronounce Sentence for the ordinary punishment of death against the said Elspeth Tulloch, And appoynt a day for her execution, And see the Samen be done accordingly, And as for Jannet Dallas the saids Lords Finds She ought only to be lyable in ane arbitrary punishment, In respect of the qualitie contained in her confession Which the saids Lords determine to be Scourging through the head burgh of the Shyre wher the cryme was committed, and banishment out of the kingdome sic subscribitur Tweeddale Cancellr I.P.D. Rothes p.s. Loudoun, Buchan, Belhaven, James Steuart, Adam Cockburne, John Home, W Anstruther.

At Edinburgh 27 February 1705

A1705/2/311

Act

Act and sentence against Elspet Tulloch and Jannet Dallas

The lords of her majesty’s privy council do hereby nominate and appoint [Sir James Stewart of Goodtrees] lord advocate, [Adam Cockburn] justice clerk, [Sir James Hamilton] Lord Halcraig, [Sir William Anstruther] Lord Anstruther and [Sir James Falconer] Lord Phesdo, to be a committee to peruse and consider the report of the trial of John Roy and others for murder before the sheriff of the sheriffdom of Nairn and his depute and others, and declare any two a quorum, and to report to the council [the] next council day. The said committee having met and considered the said report, made their verbal report in manner and to the effect underwritten. The lords of her majesty’s privy council having this day considered the report of the committee appointed to consider the process at the instance of the procurator fiscal of Nairn against John Roy, Elspeth Tulloch, and Jannet Dallas, the said lords do hereby approve of the procedure of the commissioners appointed therein insofar as concerns Elspeth Tulloch, and appoints them to proceed to pronounce sentence for the ordinary punishment of death against the said Elspeth Tulloch, and appoint a day for her execution, and see the same be done accordingly. And as for Jannet Dallas, the said lords find She ought only to be liable in an arbitrary punishment, in respect of the quality contained in her confession, which the said lords determine to be scourging through the head burgh of the shire where the crime was committed, and banishment out of the kingdom sic subscribitur Tweeddale chancellor I.P.D., Rothes p.s., Loudoun, Buchan, Belhaven, James Stewart, Adam Cockburn, John Home, W. Anstruther.

1. NRS, PC1/53, 366.

1. NRS, PC1/53, 366.