Commission, 18 July 1699, Edinburgh

Warrant, 21 December 1699, Edinburgh

Att Edinburgh The Eighteenth day of July Jaj vic nynty and nyne years

A1699/7/241

Commission

Commission For Trying and Judgeing Twelve Witches in the north

The Lords of his majesties privy Councill Being Informed That John Glass in Spitle, Donald McKulkie in Drumnamerk, Agnes Desk in Kilraine, Agnes Wrath there, Margaret Monro in Milntoun Barbara Monro Spouse to John Glass forsaid, Margaret Monro his mother, Christian Gilash in Gilkovie, Barbara Rassa in Milnton Mary Keill in Ferrintosh, Mary Glass in Newtoun and Errick Shayne all liveing in the western division of Ross Shire, are alledged guilty of the Diabolical Crimes and charmes of witches and Witchcraft, and Committs Severall other Malifices, And Considering it will be a great deal of Charges and Expenses, To Bring the saids persons to this place in order to a tryall before the Lords Commissioners of Justiciary, Besides That Severall Inconveniencies may arise By their Transportation, And Their Lordships Likeways considering That these horrid crimes cannot be tryed and Judged by any persons in the Countrey without a warrant and Commission for them For that Effect, And The saids Lords being desyreous To have the said matter Brought to a tryall That the persons guilty may Receave condign punishment, and others may be deterred from committing such crimes and malifices in tyme coming. They Doe heirby Give Full powr warrand and Commission To Mr William Robertson of Inches George Ross of Morrange, Mr Alexr Ross of Pit-Kirie Sheriff-deput of Cromarty, Alexr Chisholme Sheriff deput of West-Ross, William Ross of East-Ferm, Sheriff Deput of East-Ross, Mr David Polson of Kinmiles Sheriff Deput of Innverness, William Baillie Commissar of Inverness, or any Five of them to be a quorum, The said sheriff Deput of west-Ross Being one of the number and the saids Commissioners or their said quorum Being qualified by taking the oath of Alledgance and Assurance, Before they Enter upon the Execution of their office, Be vertue hereof To take tryall off and to Judge and doe Justice upon the saids John Glass, Donald McKulkie Agnes Desh Margaret Monro, Barbara Monro, Margaret Monro, Agnes Wrath, Christian Gillash, Barbara Rassa Mary Keill, Mary Glass and Errick Chymie For the saids Diabolicall Crymes and charmes of witches and witchcraft and severall other Malifices, And in order thereto, To meet and Conveen att the Ferry-Town of Kessock-Wester or Fort Ross upon the Twenty Second of August next, And There To Accept this present Commission, And upon their acceptance To administrate the oath of fidelity To the persons whom the Lord Justice-Clerk and James Montgomry of Langshaw Clerk to the Justice Court, shall depute and substitute to be Clerk to the present Commission, with power to the saids Commissioners or their said quorum To choice their own Clerk For whom they shall answerable In caice that the said 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 Commissionat 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 Lybles or Indyckments at the Instance of George Graham writer att Fortsoss procurator fiscal for his Majesties Interest in the said matter against the forsaids persons accused of witches witch-Craft and other malifices For Summonding and citeing them upon Fifteen days, by delivering to them a Full Coppie of the Lyble or Indictment with the names and designationes of the Assizers and Witnesses Subjoined and For citeing the assizers and witnesses in the ordinary manner and under the usual pains and certificationes, To Compear Before the saids Commissioners heirby Commissionat or their said quorum att […] With power also to them To amerciat and fine the absent asiszers and witnesses and the amerciaments and Fines To uplift for their own use and Behoove and to Adjourn themselves from tyme to time Till the Relevancy be discust To the Effect That the pannells be more fully heard, The saids Commissioners or their said quorum may Judge and determine the said Relevancy of the Lyble, And To call ane Inquiry of Fourty Five persones who are to be cited on the Assize of the saids pannells and a List of their names and designationes given to the saids persons accused with their Lybles as said is, and after the discussing the Relevancy of the said Lyble In presence of the saids persons of Inqueist By pronunceing Ane Interloquitor theron Out of that number To choice ane assize of Fifteen And To administrate to them the ordinary oath in the usuall 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 panels and Sworn Inquest, upon the points that shall be admitted to probation, And Immediately thereafter without any Adjournment To Remitt the said Lyble and Interloquitor to be given by them anent the Relevancy thereof and the depositions of the witnesses to be taken in manner forsaid, To the Knowledge of the said Inquest and assize, who with out delay or going out of the Court, are to be Inclosed by themselves, and are 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 go 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 perusing of the said Indictment, Interloquitor to be pronunced thereon and depositiones of the witnesses To be Taken In presence of the said Pannells and assize, They are to find the Lyble proven against the saids pannells 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 Chancelor 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 hail process cited 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 persons shall Find the saids pannells guilty of the Crimes, laid to their charge with power to the saids Commissioners or their said quorum To Decerne and Adjudge them to be Brunt or otherwayes Execute to the death after such a manner as they shall think fitt, And appoints the saids Commissioners and Clerk, To Transmitt the haill process which shall be layed before them against the saids pannells and severall steps thereof, and verdict of the Inqueist to be given thereupon, To the saids Lords of his majesties privy Councill Betwixt and the First Councill day of october next, To be considered be them And discharges the saids Commissioners or their said quorum to Suffer the sentence which shall be pronunced be them against the saids pannells To be put To Execution or to appoint or affix a day for Executeing thereof, without speciall order and warrant hade and obtained from the saids 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 things whatsomever Competent and Incumbent to be acted done or performed by any Comissioners of Justiciary hitherto nominated and appointed by the saids Lords of privy Councill, And they heirby appoint the saids Commissioners or their said quorum within the space of ane moneth after pronunceing and Executeing of their Sentence in this matter upon Special warrant to be given by the Councill 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 thereof, To the Effect the same may be Recorded in the Books of Justiciary, which the Clerk to the criminal court, is heirby Required To Record therein as he will be answerable. Given att Edinburgh The Eighteenth day of July Jaj vic nynty and nyne years. Sic subscribitur Marchmont Cancellar. Melvill. Cassillis. Lauderdale. Leven. Lothian. Forfar. Seafield. Jedburgh. Boyle. Adam Cockburne. James Stewart. F Montgomry.

Att Edinburgh The Eighteenth day of July Jaj vic nynty and nyne years

A1699/7/241

Commission

Commission For Trying and Judgeing Twelve Witches in the north

The Lords of his majesties privy Councill Being Informed That John Glass in Spitle, Donald McKulkie in Drumnamerk, Agnes Desk in Kilraine, Agnes Wrath there, Margaret Monro in Milntoun Barbara Monro Spouse to John Glass forsaid, Margaret Monro his mother, Christian Gilash in Gilkovie, Barbara Rassa in Milnton Mary Keill in Ferrintosh, Mary Glass in Newtoun and Errick Shayne all liveing in the western division of Ross Shire, are alledged guilty of the Diabolical Crimes and charmes of witches and Witchcraft, and Committs Severall other Malifices, And Considering it will be a great deal of Charges and Expenses, To Bring the saids persons to this place in order to a tryall before the Lords Commissioners of Justiciary, Besides That Severall Inconveniencies may arise By their Transportation, And Their Lordships Likeways considering That these horrid crimes cannot be tryed and Judged by any persons in the Countrey without a warrant and Commission for them For that Effect, And The saids Lords being desyreous To have the said matter Brought to a tryall That the persons guilty may Receave condign punishment, and others may be deterred from committing such crimes and malifices in tyme coming. They Doe heirby Give Full powr warrand and Commission To Mr William Robertson of Inches George Ross of Morrange, Mr Alexr Ross of Pit-Kirie Sheriff-deput of Cromarty, Alexr Chisholme Sheriff deput of West-Ross, William Ross of East-Ferm, Sheriff Deput of East-Ross, Mr David Polson of Kinmiles Sheriff Deput of Innverness, William Baillie Commissar of Inverness, or any Five of them to be a quorum, The said sheriff Deput of west-Ross Being one of the number and the saids Commissioners or their said quorum Being qualified by taking the oath of Alledgance and Assurance, Before they Enter upon the Execution of their office, Be vertue hereof To take tryall off and to Judge and doe Justice upon the saids John Glass, Donald McKulkie Agnes Desh Margaret Monro, Barbara Monro, Margaret Monro, Agnes Wrath, Christian Gillash, Barbara Rassa Mary Keill, Mary Glass and Errick Chymie For the saids Diabolicall Crymes and charmes of witches and witchcraft and severall other Malifices, And in order thereto, To meet and Conveen att the Ferry-Town of Kessock-Wester or Fort Ross upon the Twenty Second of August next, And There To Accept this present Commission, And upon their acceptance To administrate the oath of fidelity To the persons whom the Lord Justice-Clerk and James Montgomry of Langshaw Clerk to the Justice Court, shall depute and substitute to be Clerk to the present Commission, with power to the saids Commissioners or their said quorum To choice their own Clerk For whom they shall answerable In caice that the said 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 Commissionat 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 Lybles or Indyckments at the Instance of George Graham writer att Fortsoss procurator fiscal for his Majesties Interest in the said matter against the forsaids persons accused of witches witch-Craft and other malifices For Summonding and citeing them upon Fifteen days, by delivering to them a Full Coppie of the Lyble or Indictment with the names and designationes of the Assizers and Witnesses Subjoined and For citeing the assizers and witnesses in the ordinary manner and under the usual pains and certificationes, To Compear Before the saids Commissioners heirby Commissionat or their said quorum att […] With power also to them To amerciat and fine the absent asiszers and witnesses and the amerciaments and Fines To uplift for their own use and Behoove and to Adjourn themselves from tyme to time Till the Relevancy be discust To the Effect That the pannells be more fully heard, The saids Commissioners or their said quorum may Judge and determine the said Relevancy of the Lyble, And To call ane Inquiry of Fourty Five persones who are to be cited on the Assize of the saids pannells and a List of their names and designationes given to the saids persons accused with their Lybles as said is, and after the discussing the Relevancy of the said Lyble In presence of the saids persons of Inqueist By pronunceing Ane Interloquitor theron Out of that number To choice ane assize of Fifteen And To administrate to them the ordinary oath in the usuall 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 panels and Sworn Inquest, upon the points that shall be admitted to probation, And Immediately thereafter without any Adjournment To Remitt the said Lyble and Interloquitor to be given by them anent the Relevancy thereof and the depositions of the witnesses to be taken in manner forsaid, To the Knowledge of the said Inquest and assize, who with out delay or going out of the Court, are to be Inclosed by themselves, and are 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 go 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 perusing of the said Indictment, Interloquitor to be pronunced thereon and depositiones of the witnesses To be Taken In presence of the said Pannells and assize, They are to find the Lyble proven against the saids pannells 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 Chancelor 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 hail process cited 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 persons shall Find the saids pannells guilty of the Crimes, laid to their charge with power to the saids Commissioners or their said quorum To Decerne and Adjudge them to be Brunt or otherwayes Execute to the death after such a manner as they shall think fitt, And appoints the saids Commissioners and Clerk, To Transmitt the haill process which shall be layed before them against the saids pannells and severall steps thereof, and verdict of the Inqueist to be given thereupon, To the saids Lords of his majesties privy Councill Betwixt and the First Councill day of october next, To be considered be them And discharges the saids Commissioners or their said quorum to Suffer the sentence which shall be pronunced be them against the saids pannells To be put To Execution or to appoint or affix a day for Executeing thereof, without speciall order and warrant hade and obtained from the saids 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 things whatsomever Competent and Incumbent to be acted done or performed by any Comissioners of Justiciary hitherto nominated and appointed by the saids Lords of privy Councill, And they heirby appoint the saids Commissioners or their said quorum within the space of ane moneth after pronunceing and Executeing of their Sentence in this matter upon Special warrant to be given by the Councill 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 thereof, To the Effect the same may be Recorded in the Books of Justiciary, which the Clerk to the criminal court, is heirby Required To Record therein as he will be answerable. Given att Edinburgh The Eighteenth day of July Jaj vic nynty and nyne years. Sic subscribitur Marchmont Cancellar. Melvill. Cassillis. Lauderdale. Leven. Lothian. Forfar. Seafield. Jedburgh. Boyle. Adam Cockburne. James Stewart. F Montgomry.

1. NRS, PC1/52, 7-9.

1. NRS, PC1/52, 7-9.