Commission, 4 February 1701, Edinburgh

Procedure, 30 December 1701, Edinburgh

Att Edinburgh The Fourth day of February Jaj viic and One years

A1701/2/91

Commission

Commission for Judging James Rinny and his Son

The Commission underwrittin being Read was voted approven and Signed, whereof the tenor Follows.
His majesties high Commissioner, and the Lords of privy Councill Being Informed That James Rainie late in Lanerk, and James Rinny his Son are alleadged guilty of the horrid Crymes of Thift and Robbery, and Considering It will be a great deall of Charges and Expenses, to bring the forsaid 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 the saids Lords likeways Considering That the saids Crymes cannot be tryed and Judged by any persons in the Countrey without a Warrant and Commission from them for that Effect, and The saids Lords being desireous 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 Crymes in tyme coming, Do Therfore Give full power Warrand and Commission To Mungo Campbell of Netherplace Robert Campbell writer in Edinburgh Sheriff deputs of Air, Hugh Muir of Auchindram, Mr William Cunynghame of Brownhill Advocat, Mungo Campbell merchant in Air […] Kennedy of Dalsarrock and […] Brisban late Provost of Air, and declares any Three of the forsaids persons Commissioners to be a Sufficient Quorum, one of the said Sheriff deputs, Being always one, and the Saids Commissioners or their Said Quorum, Being qualified by taking the oath of alledgance and Subscribing 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 do Justice upon the fornamed persons for the said Cryme of Thift and Robberty, and in order therto, To meet and Conveen at Air the Twenty Fifth day of February, and There to accept of this present Commission, and upon their acceptance To administrat the oath of Fidelity, to the person whom the Lord Justice Clerk, and James Montgomry of Langshaw Clerk to the Justice Court, Shall deput 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 said Lord Justice Clerk, and James Montgomry, Shall Refuse to Nominat a Clerk in this matter They being first Required So to do, With power likeways to the saids persons heirby Commissioned or their Said Quorum, To Creat make and Constitute Serjeants dempsters and other members of the said Court, and to Isue out and cause raise precepts or Lybles of Indictment at the Instance of James Blair procurator Fiscall for his Majesties Interest in the said matter against the said James Rinny and James Rinny his son for the forsaid Cryme of Thift and Robbery, for Summonding and citeing them upon Fifteen days by delivering to ilk one of them a full Coppy of the Lyble or Indictment with the names and designations of the assizers and witnesses in the ordinar way, and under the usuall pains and Certifications To Compear before the saids Commissioners heirby Commissionat or their said quorum at Air The […] day of […] With power also to them to ammerciat and Fyne the absent assizers and witnesses, and the amerciaments and Fynes to uplift for their own use and behoofe, and to adjourn themselves from tyme to tyme till the Relevancy be discust, To the Effect that the pannells being fully heard, The Saids Commissioners or their said Quorum may Judge and determine the said Relevancy of the Lyble And to Call ane Inqueist of Fourty Five persons, who are to be cited one the assize of the saids pannalls, and a List of their names, and designations given in to the saids persons accused with the Lyble as said is, and after discussing the Relevancy of the said Lyble, In presence of the saids persons of Inqueist by pronunceing ane Interloquiter theron out of that number, To Choice ane assize of Fifteen, and to administrat to them the ordinary oath in the usuall terms, and with power also to the saids Commissioners or their said quorum, to Examine the witnesses to be cited in presence of the saids pannalls and Sworn Inqueist, upon the points that Shall be admitted to probation, and Immediatly therafter without any adjournment to Remitt the Said Lyble and Interloquitor to be given by them anent the Relevancy therof, and the depositions 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 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 theron, and depositions of the Witnesses to be taken in presence of the saids 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 subsrived 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 advyse the haill proces 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 persons Commissioners, Shall find the pannells guilty of the Cryme laid to their Charge, with power to the saids Commissioners or their said Quorum To decern and adjudge them 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 or their said quorum To transmitt the haill proces which shall be led before them against the saids pannels and severall Steps therof and Verdict of the Inqueist to be given therupon, To the Saids Lords of privy Councill betwixt and the Fifteenth day of march next to come to be Considered by them, and discharges the Saids Commissioners or their said quorum, To Suffer the Sentence which Shall be pronunced against the Saids pannells to be put to Execution, or to appoint or affix a day for Executing therof, 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 whatsoever Competent and Incumbent to be acted done or performed by any Commissioners or their said quorum 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 their Sentance in this matter upon Speciall warrant to be given by the saids Lords of privy Councill for doing the same to Report to the Lords Commissioners of Justiciary or to the Clerk of the Criminall Court ane authentick Coppy under their hands of the saids proces Sentence and manner of Executing thereof to the Effect the Samen may be Recorded in the books of Justiciary which the Clerk of the Criminall Court, Is heirby Required to Record therein, as he will be answerable. Given at Edinburgh The Fourth day of February one Thousand seven hundered and one years Sic Subscribitur Melvill P.; Mar, Morton, Leven, Annandale, Northesk, Kintore, Tarbat, James Steuart.

Att Edinburgh The Fourth day of February Jaj viic and One years

A1701/2/91

Commission

Commission for Judging James Rinny and his Son

The Commission underwrittin being Read was voted approven and Signed, whereof the tenor Follows.
His majesties high Commissioner, and the Lords of privy Councill Being Informed That James Rainie late in Lanerk, and James Rinny his Son are alleadged guilty of the horrid Crymes of Thift and Robbery, and Considering It will be a great deall of Charges and Expenses, to bring the forsaid 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 the saids Lords likeways Considering That the saids Crymes cannot be tryed and Judged by any persons in the Countrey without a Warrant and Commission from them for that Effect, and The saids Lords being desireous 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 Crymes in tyme coming, Do Therfore Give full power Warrand and Commission To Mungo Campbell of Netherplace Robert Campbell writer in Edinburgh Sheriff deputs of Air, Hugh Muir of Auchindram, Mr William Cunynghame of Brownhill Advocat, Mungo Campbell merchant in Air […] Kennedy of Dalsarrock and […] Brisban late Provost of Air, and declares any Three of the forsaids persons Commissioners to be a Sufficient Quorum, one of the said Sheriff deputs, Being always one, and the Saids Commissioners or their Said Quorum, Being qualified by taking the oath of alledgance and Subscribing 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 do Justice upon the fornamed persons for the said Cryme of Thift and Robberty, and in order therto, To meet and Conveen at Air the Twenty Fifth day of February, and There to accept of this present Commission, and upon their acceptance To administrat the oath of Fidelity, to the person whom the Lord Justice Clerk, and James Montgomry of Langshaw Clerk to the Justice Court, Shall deput 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 said Lord Justice Clerk, and James Montgomry, Shall Refuse to Nominat a Clerk in this matter They being first Required So to do, With power likeways to the saids persons heirby Commissioned or their Said Quorum, To Creat make and Constitute Serjeants dempsters and other members of the said Court, and to Isue out and cause raise precepts or Lybles of Indictment at the Instance of James Blair procurator Fiscall for his Majesties Interest in the said matter against the said James Rinny and James Rinny his son for the forsaid Cryme of Thift and Robbery, for Summonding and citeing them upon Fifteen days by delivering to ilk one of them a full Coppy of the Lyble or Indictment with the names and designations of the assizers and witnesses in the ordinar way, and under the usuall pains and Certifications To Compear before the saids Commissioners heirby Commissionat or their said quorum at Air The […] day of […] With power also to them to ammerciat and Fyne the absent assizers and witnesses, and the amerciaments and Fynes to uplift for their own use and behoofe, and to adjourn themselves from tyme to tyme till the Relevancy be discust, To the Effect that the pannells being fully heard, The Saids Commissioners or their said Quorum may Judge and determine the said Relevancy of the Lyble And to Call ane Inqueist of Fourty Five persons, who are to be cited one the assize of the saids pannalls, and a List of their names, and designations given in to the saids persons accused with the Lyble as said is, and after discussing the Relevancy of the said Lyble, In presence of the saids persons of Inqueist by pronunceing ane Interloquiter theron out of that number, To Choice ane assize of Fifteen, and to administrat to them the ordinary oath in the usuall terms, and with power also to the saids Commissioners or their said quorum, to Examine the witnesses to be cited in presence of the saids pannalls and Sworn Inqueist, upon the points that Shall be admitted to probation, and Immediatly therafter without any adjournment to Remitt the Said Lyble and Interloquitor to be given by them anent the Relevancy therof, and the depositions 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 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 theron, and depositions of the Witnesses to be taken in presence of the saids 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 subsrived 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 advyse the haill proces 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 persons Commissioners, Shall find the pannells guilty of the Cryme laid to their Charge, with power to the saids Commissioners or their said Quorum To decern and adjudge them 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 or their said quorum To transmitt the haill proces which shall be led before them against the saids pannels and severall Steps therof and Verdict of the Inqueist to be given therupon, To the Saids Lords of privy Councill betwixt and the Fifteenth day of march next to come to be Considered by them, and discharges the Saids Commissioners or their said quorum, To Suffer the Sentence which Shall be pronunced against the Saids pannells to be put to Execution, or to appoint or affix a day for Executing therof, 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 whatsoever Competent and Incumbent to be acted done or performed by any Commissioners or their said quorum 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 their Sentance in this matter upon Speciall warrant to be given by the saids Lords of privy Councill for doing the same to Report to the Lords Commissioners of Justiciary or to the Clerk of the Criminall Court ane authentick Coppy under their hands of the saids proces Sentence and manner of Executing thereof to the Effect the Samen may be Recorded in the books of Justiciary which the Clerk of the Criminall Court, Is heirby Required to Record therein, as he will be answerable. Given at Edinburgh The Fourth day of February one Thousand seven hundered and one years Sic Subscribitur Melvill P.; Mar, Morton, Leven, Annandale, Northesk, Kintore, Tarbat, James Steuart.

1. NRS, PC1/52, 170-4.

1. NRS, PC1/52, 170-4.