Warrant, 21 December 1699, Edinburgh

Att Edinburgh The Sixth day of March J^aj vi^c Nyntie Nyne years

D1699/3/8

D1699/3/8¹

Act

Act Mr William Fraser Minister

Anent the petition given in to the Lords of his Majesties privy Councill be Mr William Frazer minister of the Gospell, Shewing That wher Jean Gordon Spouse to Mr William Fraser Minister at Slaines father to the petitioner haveing Laboured for severall years of a distemper and Frenzie of mynd which brought on her a decay of body So that in October Last She was found dead in her bed in a morning Wherupon Some of her freinds did raise a most uncharratable and unjust report of her being poysoned by the petitioner her step sone notwithstanding that it was nottour that he was at Aberdein, Twentie four myles off the day before she dyed, and tho the body of the said Jean Gordon was seen after her death by all the Nighbours about Lying in her ² dead Cloathes more then Twentie four hours and to the veiw of all, and therafter decently interred at the Sight of the gentrie and Commons of the Countrey therabout Yet therafter So malicious were the freinds of the said Jean Gordon that upon applicatione to his majesties advocat who was informed by them that the said Jean Gordon was poysioned and bleed to death by the petitioners they obtained ane warrand to William Hay of Earnhill baillie to the Earle of Erroll for takeing a precognition of all persones in and about the house wher the said Jean dyed, and in order therto he Caused digg up the body of the said Jean Gordon out of her grave, and haveing brought ale persones that were in and about the said house and the petitioner amongest the rest he did in presence of severall Gentlmen with him veiw the Corps of the said Jean Gordon which was altogither free of any mark of violence and after haveing Caused Mr William Dunbar minister at Cruden pray to god to discover the actors of any violence done to the said Jean Gordon (if any was) and therafter did Cause the petitioner with the other persones of the family touch the the³ body of the said Jean Gordon, notwithstanding wherof their appeared nothing upon the body to make the Least indicatione of her haveing been murdered and the precognition taken and reported to his majesties advocat a while agoe makes nothing out against the petitioner of his being either actors of or Accessory to the death of the Said Jean Gordon yet notwithstanding of what is above represented the freinds of the said Jean Gordon Caused Imprison the petitioner in the Tolbooth of Aberdeen wher he had Lyen upwards of thrie moneths to the ruine of himself and his Small familly, and non of them all this time have insisted against him, Bot now as the petitioner is infomed they designe to give him ane indictment before the Commissioners of Justiciary of Alerdein⁴ many wherof are relations to the said Jean Gordone wher the petitioner Cannot expect ane Impartiall tryall and upon the grounds follwing he contends that he ought to be tryed only before the Lords of Justiciary if they doe insist against him, For first the Commissioners of Justiciary their Commissione reaches only to the depredations and roberies Committed in the Highlands (⁵Secundo the Cryme of Murder alleadged against the petitioner being a Clandistine Cryme; and to be inferred as much from presumptions as from any positive probation The Lords of Justiciary are the only fitt Judges to Cognose in the like matter, Tertio the petitioner by a tryall in the Countrey will want the benefite of Councill, Which is both Just to be given and necessary to be hade by all persones who are pannalled for their Life, And Therfore humbly Craveing the saids Lords would be pleased to ordaine the freinds of the said Jean Gordon to insist with all conveniencie against the petitioner allenarly before the Lord Justice Generall and Commissioners of the Justiciary, and that betwixt and ane Certain day and in case they doe not insist to Grant Warrand to the Shirriff of Aberdeen to sett the petitioner at Libertie and seing the petitioner was willing to abyde a tryall before the Lords of Justiciary and that the petitioner could not find Caution to Sist himself here that therfore the Shirreff Aberdein by a pass Comitatus Sist the petitioner ther wher the petitioner might be able to vindicat himself of the Malicious Calumnies and Crymes Laid to his charge as the petition bears. The Lords of his Majesties privy Councill haveing Considered the above petition given into them by the above Mr William Fraser Minister They doe hereby appoint the freinds of the above Jean Gordon to insist against the petitioner before the Lord Justice Generall Justice depute and Lords Commissioners of his Majesties Justiciary allenarly and before no other Court whatsomever and appoints the petitioners tryall to be before the saids Judges allenarly.