Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh The Fourteenth day of August J^aj vii^c years

A1700/8/19

A1700/8/19¹

Commission

Commission for trying and Judgeing Jean Hay alleadged guilty of murdering her own Child

His Majesties high Commissioner, And The Lords of his Majesties privy Councill, Being Informed That Jean Hay in the parish of Alloway in the Barrony of Tillibody, and sheriffdome of Clackmannan, and now prisoner in the Tolbooth of Alloway, Is alledged guilty of the horrid and unnaturall Cryme of murdering her own Child, And Considering It will be a great deal of Charges and Expenses, To bring the said Jean Hay to this place, in order to a tryall before the Lords Commissioners of Justiciary, Besides That severall Inconveniencies may arise by her Transportation, And his Grace and their Lordships Likeways Considering That this Horrid Cryme cannot be Tryed and Judged by any persones in the Countrey, without a warrand and Commission from them for that Effect, And his Majesties high Commissioner and the Lords of his majesties privy Councill being Desireous, To have the said matter Brought to a tryall, That the person guilty may Receave Condign punishment, and others may be deterred from Committing so Horrid a Cryme in tyme coming. They Doe heirby Give Full power warrand and Commission To Mr Robert Stewart Commissar […] And Sheriff of the Shyre, Sir John Erskine of Alva Captain John Erskine his uncle, Livetennent Colonell James Bruce of Kennet, Mr Alexander Abercromby of Tillibody Advocat, Robert Alexander Factor To the Earle of Mar and Alexander Inglis Factor To the Estate of Clackman And declares any Three of the forsaids persones to be a Sufficient quorum, The Sheriff being always one of them And The saids Commissioners or their said quorum, being qualified by Taking the oath of alledgance, and subscriving the same with the assurance, and association before they Enter upon the Execution of their offices, be vertue heirof To Take Tryall off and to Judge, and doe Justice upon the said Jean Hay, for the said horrid Cryme of murder And in order therto, To meet and Conveen att […] And There to accept of this present Commission, And upon their acceptance To adminsitrat the oath of fidelity, To the person whom the Lord Justice Clerk, and James Montgomry of Langshaw, Clerk to the Justice Court, shall depute and Substitute, To be Clerk to this present Commission, With power to the Saids Commissioners or their said quorum, To Choice their own Clerk For whom They shall be answerable In caice That The Saids Lord Justice-Clerk, and James Montgomry shall Refuse, To nominat a Clerk in this matter, They being First Required so to doe, with power likeways To the saids persones heirby Commissioned or their said quorum, To Creat make and Constitute, Serjeants, Dempsters, and other members of the said Court And to Issue out and Cause raise Precepts or Lybells of Indytement att the Instance of […] procurator Fiscall, for his majesties Interest in the said matter, against the said Jean-Hay accused for the said Horrid Cryme of murder, For Summonding and Citeing her upon Fifteen days by delivering to her a Full Coppie of the Lyble and Indictment, with the names And designationes of the assizers and witnesses Subjoined, and For citeing the assizers and witnesses in the ordinary maner, and under the usual paines and Certificationes, To Compear before the saids Commissioners, heirby Commissionat or their said quorum att […] With power also to them, To amerciat and Fyne the Absent assizers and witnesses. and the amerciaments and Fynes to uplift, for their own use and behoove, And To Adjourn themselves from tyme to tyme, Till the Relevancy be discust To the Effect, That the Pannell being Fully heard, The Saids Commissioners or their said quorum, may Judge and determine the said Relevancy of the Lybell, And To Call ane Inqueist of Fourty five persones, who are to be Cited on the Assize of the said Pannell, and a List of their names and designationes given in to the said person accused with her Lybell, In presence of the saids persones of Inqueist By pronunceing ane Interloquitor theron, Out of that numbar To Choice and assize of Fifteen, And To administrat to them the ordinary Oath in the usuall way, And with power also to the saids Commissioners or their said quorum To Examine the witnesses to be Cited in presence of the said Pannell, and sworn Inqueist, upon the points That shall be admitted to probation, And Immediatly thereafter, without any adjournment, To Remitt the said Lyble and Interloquitor to be given by them anent the Relevancy thereof and the depositiones of the Witnesses to be taken in manner forsaid, To the Knowledge of the Said Inqueist and assize, who without delay or going out of the Court, are to be Inclosed by themselves, and heirby appointed To Remain so Inclosed, and none Suffered to be with them or to have access to them, or any of themselves Suffered to goe out, untill they be agreed and Conclude their answer, And To Elect a Chancellor or President, with a Clerk of their own number, And after reading and peruseing of the said Indictment, Interloquitor to be pronunced thereon, and depositiones of the Witnesses, To be taken in presence of the said pannell and assize, They are to Find The Lybell proven against the said Pannell or not, according to law as they will be answerable to God and a good Conscience, And That they draw up their verdict accordingly, Bearing what way Every assizer doth vote, and deliver the samen being First subscrived, by the Chancellor and Clerk and Sealed by the hand of their Chancellor or President, To the saids Commissioners or their said quorum whom they heirby authorize and Commissionat to advise the haill process, and verdict of the Inqueist, And to give and pronunce sentence Condemnator or Absolvitor in the said matter, according to Justice, And in caice the saids persones shall find the pannell guilty of the Cryme layed to her Charge, With power to the saids Commissioners or their said quorum, To Decerne and adjudge her to be hanged or otherways to be Execute to the death after such a manner as they shall Think Fitt, And Appoints the saids Commissioners there said quorum and Clerk, To Transmitt the haill process, which shall be laid before them against the said pannell and severall steps therof and verdict of the Inqueist, To be given therupon, To his Grace and their Lordships Betwixt and […] To be Considered be them, And discharges the Saids Commissioners, or their said quorum To Suffer the Sentence which shall be pronunced be them, To be put to Execution or to appoint or affix a day for Executeing thereof, without Speciall order and warrand hade and obtained from his Majesties high Commissioner and Lords of privy Councill for that Effect And generally with Full power to the Saids Commissioners or their said quorum, To act doe and perform all and Sundry other things whatsomever Competent and Incumbent, to be acted done or performed by any Commissioners of Justiciary hitherto nominated and appointed By his Grace and their Lordships and They heirby appoint the Saids Commissioners or their said quorum within the Space of […] after pronuncing and Executing on their Sentence in this matter, upon Special warrant To be given by his Grace and their Lordships for doing the same, To Report to the Lords Commissioners of Justiciary or to the Clerk of the Criminall Court ane authentick Coppie under their hands of their said process Sentence and the manner of Executeing therof, To the Effect the same may be Recorded in the books of Justiciary which the Clerk to the Criminall Court, is heirby Required to Record therin as he will be answerable, Given at Edinburgh The Fourteenth day of August, on Thousand and Seven Hundereth years. Sic Subscribitur Marchmont Cancellar, Argyll, Crafurd, Mar, Morton Cassilis Lothian, Annandale Tarbat, Forbes, James Stewart, David Home.