Commission by the Council, 1 March 1698, Edinburgh

Decreet, 29 December 1698, Edinburgh

Att Edinburgh The First Day of March Jaj vjc nynty Eight years

A1698/3/21

Commission by the Council

Commission for Judging of Elspeth McCourn and Mary Millar alledged Guilty of Witch-Craft

The Lords of his majesties privy Councill Being Informed That Elspeth McCourn and Mary Millar Both within the Stewartrie of Kirkcudbright presently prisoners within the Tolbooth of Kirkcud-Bright are alledged Guilty of the Horrid cryme of witchcraft and hes committed severall malifices And Considering it will be a great deal of charges and Expenses to Bring the saids Elspeth McCourn and Mary Millar to this place in order to a Tryall Before The Lords Commissioners of Justiciarie besides that severall Inconveniencties may arrise by ther Transportation And the saids Lords Likeways Considering That this horrid cryme cannot be tryed and Judged by any persons in the Countrey without a warrant and Commission from their Lordships 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 so horrid a Crime in tyme coming They Doe heirby Give full power warrand and Commission To Sir John Maxwell of Pollock […] Maxwell of Dalswintoune Hugh Mcgussock of Rusco Adam Newall of Barskeroch […] Dumbar of Macbrymore Thomas Alexander Stewart Deput of Kirkcudbright Robert McCleland of Barmagahane and Mr Alexander Ferguson of Isle Advocate and Declares any Three of the forsaids persones to be a sufficient quorum The said stewart Deput of Kirkcudbright being one of the Three To tak tryall of and to Judge and doe Justice upon the saids Elspeth McCourn and Mary Millar for the said Crime of witchcraft And In order thereto to meet and Conveen att Kirkcud-bright the second Friday of Aprile next to Come And ther To accept of this present Commission And upon there acceptance to administrate the oath of fidelity To the person who in The Lord Justice-Clerk or James Montgomrie 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 ther own Clerk for whom they shall be answerable in caice that the saids Lords Justice-Clerk and James Montgomery shall refuse To nominate a Clerk in this matter, They being first Required so to doe with power Likeways to the saids persons hereby Commissionat or their said quorum To Creat make and Constitute Serjants, Dempsters and other members of the said Court And to Issue out and raise precepts or Lybles of Indictments att the Instance of Samuell Caremont writer at Kirkcudbright procurator fiscall for his majesties Interest in the said matter against the saids Elspeth McCourn and Mary Millar accused of witchcraft for summonding and Citeing of them upon Fifteen days by delivering to them a full Coppie of the Lyble of the Indytement with the names and designations of the Assissers and witnesses Subjoned and for citeing the assissers and witnesses in the ordinary manner and under the paines and Certifications To Compear Before The saids Commissioners heirby Commissionat or ther said quorum att […] with power also to them to amerciat and fine the absent assiszes and witnesses and the amerciaments and fines To uplift for ther own use and Behoove And to Adjourn them selves 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 Relevancie of the Lyble And to call ane Inquiest of fourty five persons who are to be cited on the assisse of the saids pannells and a List of ther names and designationes given in 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 persones of Inquiest By pronunceing ane Interloquitor thereon, out of that number to choice ane assize of fifteen and To Administrat to them the ordinary oath in the usual terms And with power also to the saids Commissioners or ther said quorum To Examine the Witnesses to be cited in presence of the saids Pannells and Sworn Inquest upon the points That shall be admitted to probatione and immediatly therafter without any adjournment To Remitt the said Lyble and Interloquitor to be given be them anent the Relevancy thereof and the Depositions of the Witnesses To be taken in manner forsaid To the Knowledge of the said Inquiest 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 goe out untill they be agreed and conclude their answer And to Elect a Chancelor or president with a Clerk of the own number and after reading and perusing of the said Indytement Interloquitor be pronunced thereon and depositions of the witnesses To be taken in presence of the saids pannells and assise They are To find the Lyble proven against the said pannells or not according to Law as they will be answerable to God and a good Conscience and That they draw up Ther verdict accordingly Bearing what Way Every assiser doth vote And Deliver the samen being first subscrived by the Chancellor and Clerk and sealed by the Hand of their Chancelor or president to the saids Commissioners or their said quorum whom they heirby authorize and Comissionat To advise the hail process and verdict of the Inquiest 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 saids pannells guilty of the crymes layed to their charge with power to the saids Commissioners or their said quorum To Decerne and Adjudge Them to be Burned or otherwise To be Execute to the Death within such space and after such a manner as they shall think fitt, And Appoints The saids Commissioners their said quorum or Clerk To Transmitt the hail process which shall be Led before them against the saids Elspeth McCourn or Mary Millar, 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 fifteenth Day of June next to come 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 said pannells to be putt To Execution or to appoint or affix a day for executing thereof without special order and warrant hade and obtained from the saids Lords of privy Councill for that Effect and generally with power to the saids Comissioners or their said quorum to act doe and perform all and sundry things whatsomever competent and Incumbent to be acted done and performed and appointed by the saids Lords of privy Councill And The saids Lords appoints the saids Commissioners or there said quorum within the space of ane moneth after pronuncing and Executing their sentence in this matter To Report to the Lords Commissioners of Justiciary or to the Clerk of the Criminall Court ane authentick Extract under ther hands of the said process sentence and the manner of Executing thereof 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 therein, as he will be answerable Givin att Edinburgh the First Day of March Jaj vic nyntie Eight years sic subscribitur Marchmont Cancellar Southerland Buchan Carmichael James Stewart John Lauder A: Hope Archibald Murray Archibald Mure.

Att Edinburgh The First Day of March Jaj vjc nynty Eight years

A1698/3/21

Commission by the Council

Commission for Judging of Elspeth McCourn and Mary Millar alledged Guilty of Witch-Craft

The Lords of his majesties privy Councill Being Informed That Elspeth McCourn and Mary Millar Both within the Stewartrie of Kirkcudbright presently prisoners within the Tolbooth of Kirkcud-Bright are alledged Guilty of the Horrid cryme of witchcraft and hes committed severall malifices And Considering it will be a great deal of charges and Expenses to Bring the saids Elspeth McCourn and Mary Millar to this place in order to a Tryall Before The Lords Commissioners of Justiciarie besides that severall Inconveniencties may arrise by ther Transportation And the saids Lords Likeways Considering That this horrid cryme cannot be tryed and Judged by any persons in the Countrey without a warrant and Commission from their Lordships 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 so horrid a Crime in tyme coming They Doe heirby Give full power warrand and Commission To Sir John Maxwell of Pollock […] Maxwell of Dalswintoune Hugh Mcgussock of Rusco Adam Newall of Barskeroch […] Dumbar of Macbrymore Thomas Alexander Stewart Deput of Kirkcudbright Robert McCleland of Barmagahane and Mr Alexander Ferguson of Isle Advocate and Declares any Three of the forsaids persones to be a sufficient quorum The said stewart Deput of Kirkcudbright being one of the Three To tak tryall of and to Judge and doe Justice upon the saids Elspeth McCourn and Mary Millar for the said Crime of witchcraft And In order thereto to meet and Conveen att Kirkcud-bright the second Friday of Aprile next to Come And ther To accept of this present Commission And upon there acceptance to administrate the oath of fidelity To the person who in The Lord Justice-Clerk or James Montgomrie 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 ther own Clerk for whom they shall be answerable in caice that the saids Lords Justice-Clerk and James Montgomery shall refuse To nominate a Clerk in this matter, They being first Required so to doe with power Likeways to the saids persons hereby Commissionat or their said quorum To Creat make and Constitute Serjants, Dempsters and other members of the said Court And to Issue out and raise precepts or Lybles of Indictments att the Instance of Samuell Caremont writer at Kirkcudbright procurator fiscall for his majesties Interest in the said matter against the saids Elspeth McCourn and Mary Millar accused of witchcraft for summonding and Citeing of them upon Fifteen days by delivering to them a full Coppie of the Lyble of the Indytement with the names and designations of the Assissers and witnesses Subjoned and for citeing the assissers and witnesses in the ordinary manner and under the paines and Certifications To Compear Before The saids Commissioners heirby Commissionat or ther said quorum att […] with power also to them to amerciat and fine the absent assiszes and witnesses and the amerciaments and fines To uplift for ther own use and Behoove And to Adjourn them selves 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 Relevancie of the Lyble And to call ane Inquiest of fourty five persons who are to be cited on the assisse of the saids pannells and a List of ther names and designationes given in 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 persones of Inquiest By pronunceing ane Interloquitor thereon, out of that number to choice ane assize of fifteen and To Administrat to them the ordinary oath in the usual terms And with power also to the saids Commissioners or ther said quorum To Examine the Witnesses to be cited in presence of the saids Pannells and Sworn Inquest upon the points That shall be admitted to probatione and immediatly therafter without any adjournment To Remitt the said Lyble and Interloquitor to be given be them anent the Relevancy thereof and the Depositions of the Witnesses To be taken in manner forsaid To the Knowledge of the said Inquiest 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 goe out untill they be agreed and conclude their answer And to Elect a Chancelor or president with a Clerk of the own number and after reading and perusing of the said Indytement Interloquitor be pronunced thereon and depositions of the witnesses To be taken in presence of the saids pannells and assise They are To find the Lyble proven against the said pannells or not according to Law as they will be answerable to God and a good Conscience and That they draw up Ther verdict accordingly Bearing what Way Every assiser doth vote And Deliver the samen being first subscrived by the Chancellor and Clerk and sealed by the Hand of their Chancelor or president to the saids Commissioners or their said quorum whom they heirby authorize and Comissionat To advise the hail process and verdict of the Inquiest 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 saids pannells guilty of the crymes layed to their charge with power to the saids Commissioners or their said quorum To Decerne and Adjudge Them to be Burned or otherwise To be Execute to the Death within such space and after such a manner as they shall think fitt, And Appoints The saids Commissioners their said quorum or Clerk To Transmitt the hail process which shall be Led before them against the saids Elspeth McCourn or Mary Millar, 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 fifteenth Day of June next to come 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 said pannells to be putt To Execution or to appoint or affix a day for executing thereof without special order and warrant hade and obtained from the saids Lords of privy Councill for that Effect and generally with power to the saids Comissioners or their said quorum to act doe and perform all and sundry things whatsomever competent and Incumbent to be acted done and performed and appointed by the saids Lords of privy Councill And The saids Lords appoints the saids Commissioners or there said quorum within the space of ane moneth after pronuncing and Executing their sentence in this matter To Report to the Lords Commissioners of Justiciary or to the Clerk of the Criminall Court ane authentick Extract under ther hands of the said process sentence and the manner of Executing thereof 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 therein, as he will be answerable Givin att Edinburgh the First Day of March Jaj vic nyntie Eight years sic subscribitur Marchmont Cancellar Southerland Buchan Carmichael James Stewart John Lauder A: Hope Archibald Murray Archibald Mure.

1. NRS, PC1/51, 386-9.

1. NRS, PC1/51, 386-9.