Procedure, 19 December 1704, Edinburgh

Att Edinburgh the Nynthteen day of December J^aj vij^c and four years

A1704/12/28

A1704/12/28¹

Commission

Commission for Judgeing and tryeing George and Lauchlane Ratries for Charmeing withcraft etc

The Lords of Her Majesties privie Councill Being informed That George and Lauchlane Ratries present prisoners at Inverness are alleadged guilty of the horrid Crimes of Mischeivous Charmes By Witch Craft and Malifice, sorcerie or Nicromancie or airt and pairt of the termes of Act, 73: parliament 9th Queen Mary ² 1563. Against David Spaldine younger of Ashintullie And Considering It will be a great deall of Charges and Expensses To bring in the saids George and Lauchlane Ratries to this place in order to tryall Before the Lords Commissioners of Justiciarie besides that several inconveniencies may aryse by there Transportation And the saids Lords Lykewayes Considering That this horrid Crime cannot be tryed and Judged by any persons in the Country without a warrand and Commission from their Lordships for that effect. And the saids Lords being desirous to have the said matter brought to a tryal That the persons guilty may receave condigne punishment and others may be deterred from committing so horrid a Crime in tyme comeing: They doe heirby Give Full power warrand and Commission To Alexander Grant younger of that ilk Sherriff principall of the Sherriffdome of Inverness, David Polson of Kinmyles Sherriff Depute of the said Shyre, The Laird of Culodin, The Laird of Kilravock […] Baillie Commissary of Inverness, William Duff of Diple, and Mr Simon McKenzie of Allangrange Advocat And Declairs any five of the saids persons To be a sufficient Quorum The said Sherriff principall or Sherriff Deput being allwayes one. To take tryall of, And to Judge and doe Justice upon the saids George and Lauchline Ratries for the saids Crimes of Charming by Witch Craft and Malifice Sorcerie, or Nicromancie or as airt and pairt in the termes forsaid And in order thereto To meet and Conveen Att Inverness The Tuenty Thrid day of January nixt to come, And there to accept of this present Commission And upon there acceptance To administrat the oath of fidelity To the person whom James Montgomery of Langshaw Clerk to the Justice Court, Shall Nominat Deput and Substitute, To be Clerk to this present Commission; With power to the saids Commissioners or their said Quorum To choyse their oun Clerk (for whom they shall be answerable) In case the said James Montgomery shall refuise To Nominat a Clerk in this matter, he being first requyred soe to doe; With power Lykewaeyes to the saids persons heirby Commissionat or their said Quorum To Creat make and Constitute Serjants Dempsters and other members of the said Court And to ishew out and raise precepts or Lybells of Indictment at the instance of […] Procurator Fiscall for Her Majesties interest in the said matter Against the said George and Lauchlane Ratries accused for charming by witchcraft malifice sorcerie or Nicromancie as said is: For summonding and citeing of them upon Fyfteen dayes By delyvering to them a full Coppie of the Lybell of Indictment with the names and designationes of the Assyzers and witnesses subjoyned and for citeing the assyzers and witnesses in the ordinary manner and under the pains and Certifications To compear before the saids Commissioners heirby Commissionat or their said Quorum Att Inverness With power also to them to amerciat and fyne the absent Assyzers and witnesses And the amerciaments and fynes to uplift for ther oun use and behoove And to adjourne themselves from tyme to time till the relivancie be discust To the effect that the pannals being fully heard The saids Commissioners or their said Quorum may Judge and determine the said relivancie of the Lybell And to call ane Inqueist of fourty five persons who are to be cited on the assyze of the saids pannals and a List of their names and designationes given in to the saids persons accused with their Lybells as said is, And after discussing of the relivancie of the said Lybell in presence of the saids persons of Inqueist By pronunceing Interloquitor thereon. Out of that number To choyse ane assyze of Fyfteen and to administrat to them the ordinary oath in the usewall termes. And with power also to the saids Commissioners or their said Quorum To examine the witnesses to be cited in presence of the saids pannals and sworn inqueist upon the points that shall be admitted to probation And immediatly thereafter without any Adjournment To remitt the said Lybell and Interloquitor To be given by them anent the relivancie thereof, and the Depositiones of the witnesses To be taken in manner forsaid To the knowledge of the said Inqueist and Assyze, Who without delay or goeing out of the Court are to be inclos’d by themselves And are heirby Appointed to remain so inclosed, and non suffered to be with them or to have access to them, or any of themselves suffered to goe out, untill they be aggreed and Conclud their Answer And to Elect a Chancellor or President, With a Clerk of their oun number And after reading and peruseing of the said Indictment, Interloquitor to be pronunced theron, and Depositiones of the witnesses to be taken in presence of the saids pannells or not according to Law As they will be answerable to God and a Good Conscience And that they drew up the verdict accordingly Bearing what way every Asizer doeth vote and delyver the samen Being first subscrybed by the Chancellor and Clerk, and sealled by the hand of their Chancellor or president To the saids Commissioners or their said Quorum Whom they heirby Authorize and Commissionat To advyse the haill proces And verdict of the Inqueist And give and pronunce sentance Condemnator or Absolvitor in the said matter According to Justice And in case the saids persons shall find The saids pannells guilty of the Crimes laid to their Charge. With power to the saids Commissioners or their said Quorum or their said Quorum To Decerne and Adjudge them to be Execute to death Within such space and after such manner as they shall think fitt And appoints the saids Commissioners their said Quorum or Clerk To transmitt the haill process which shall be led before them against the saids George and Lauchline Ratries and the several stepps thereof and verdict of the Inqueist To be given thereupon To the saids Lords of Her Majesties privie Council Betuixt and the Tuenty two day of March nixt to come To be considered by them And discharges the said Commissioners or their said quorum To suffer the sentance which Shall be pronunced by them against the saids pannells To be put to Execution or to appoint or affix a day for executeing thereof Without Speciall order or warrand had and obtained from the saids Lords of privie Council for that effect And Generallie with power to the saids Commissioners or their said Quorum To Act doe and performe All and Sundry other things whatsomever compitent and incumbent to be acted done and performed by any Commissioners of Justiciary hitherto Nominated and Appointed by the saids Lords of privie Council And the saids Lords appoints the saids Commissioners or their said Quorum Within the space of a moneth after pronunceing and Executeing their sentance in this matter To report to the Lords Commissioners of Justiciary or the Clerk of the Criminall Court Ane authentick Extract under their hands of the said proces sentance, and the manner of Executting 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 answeable. Given Att Edinburgh the Nynthteen day of December J^aj vij^c and four years. Sic Subscribitur Tweeddale Cancelor Annandale P Sutherland Buchan Loudoun Northesk Belcarres James Steuart Forfar Dunmore Ruglen Belhaven.