Act, 27 December 1694, Edinburgh

At Edinburgh. Thursday the 11th October 1694

A1694/10/19

A1694/10/19¹

Commission by the Council

Commissione of Justiciary for trying Margaret Watt and Alexander Barrie

The Lords of their majesties privy Councill being informed That Margaret Watt lawful daughter to John Watt in Brightie and Alexander Barry Tennent to Balgay Is presently Prisoners in the tolbooth of Forfar as alleadged guilty of murdering of a child brought furth by the said Margaret and Considering that it will be a great daill of charges and expenceis to bring the said Margaret Watt and Alexander Barrie to this place in ordor to a tryall before the Lords Commissioners of Justiciarie besyds the severall Inconveniencies that may arryse by their transportatione and the said Lords lykewayes considering that this cryme cannot be tryed and judged by any persones in the Country without a warrand and Commissione from their Lordships for that effect and their Lordships being desyrous to have the said matter brought to a tryall That the persons guilty may receive condigne punishment and others may be deterred from Committing such cryms in tyme comeing They doe hereby give full pouer warrand and Commissione to Master William Aikman of Cairney Advocat shirriff Depute of the shirrifdome of Forfare George Lyone of Wester Ogille David Huntar of Burgesyde Hendry Lindsay of Cairne and Robert Davidsone of Balgay or any three of them who are hereby declared to be a quorum The said Master William Aikmane shirriff Deput, being alwayes one of the said three, To take tryall of and to Judge and doe Justice upon the said Margaret Watt and Alexander Barrie presentlie prisoners in the said Tolbooth for the said Cryme and in ordor therto To meet and conveen at Forfar the nynteenth day of October instant and there to accept of this present Commissione and upon their acceptance to administrate the oath of fidelity to the persone whom James Montgomerie of Langshaw Clerk to the Justice Court, shall deput and substitut to be Clerk to this present Commissione and if the said James Montgomrie shall neglect or delay To deput and substitut a Clerk as said is, being requyred thereto With power to the said Commissioners or their said quorum To Choise their owne Clerk for whom they shall be answerable With power lykewayes to the persones hereby Commissionat or the said quorum To Create make and constitut serjants Dempsters and other members of the said Court and to Issue owt and cause raise precepts on lybells of indytment at the instance of William Dickisone toune Clerk of Forfar procurator Fiscall for his majesties interest in the said matter against the said Margaret Watt and Alexander Barrie for ceitting them and the assysers and witneses in the ordinary manner and under the usuall paines and certificationes To compear before the said Commissioners hereby commissionat or their said quorum at Forfar the tuenty sexth day of october instant With full power also to them To amerciate and fyne the absent assysers and witnesses and the amerciaments and fynes to uplift for their owne use and behoofe, and to adjourne themselves from tyme to tyme to the effect that the pannells being fully heared The said commissioners of their said quorum may judge and determine the relevancie of the lybell and To call ane inqueist of fourty fyve persones who are to be ceitted on the assyse of the said persones and out of that number To choyse ane assyse of fifteen and to administrat to them the ordinary oathe in the usuall termes And with power also to the said Commissioners or their said quorum to examine the witnesses ceitted in presence of the said pannells and sworne inqueist upon the poynts that shall be admitted to probatione and therafter to remitt the said lybell and interloquitor to be given by them anent the relevancie thereof and the depositiones of the Witnesses to be taken in maner foresaid to the knowledge of the said inqueist and assyse whom they appoynt to elect a Chancellor or precedent with a Clerk and after reading and perusall of the said Indytment interloquitor to be pronounced thereon and depositiones of the witnesses to be taken in presence of the said Pannells and assyse To find the lybell proven against the said pannells or to assoilzie them according to Law as they will answere to God and a good conscience, That they draw up their verdict accordingly and delyver the same sealled by the Hand of their Chancelor or precident To the said persones or their Quorum whom they hereby authorize and Commissionat to advyse the haill proces and verdict of the inqueist with the depositiones of the witnesses and to give and pronounce sentance condemnator or absolvitor in the said matter according to Justice and in case the said Judges shall find the pannells guilty of the cryme layed to their Charge With power to the said Commissioners or their said quorum to decerne and adjudge the said Pannells to be hanged or otherwayes execute within such space and after such manner as they shall think fitt And generally with full power to the said Commissioners or their said quorum to act doe and performe all and sundrie things whatsomever competent and incumbent to be acted done and performed by any Commissioners of Justiciary hereto nominate and appoynted by the said Lords of privey Councill and the said Lords appoynts the said Commissioners or their said quorum within the space of tuentie dayes after pronounceing and executeing of their sentance in this matter To report to the Lords Commissioners of Justitiary or to the Clerk of the Criminall Court ane Authentick extract under the Hands of their said sentance and the manner of executeing thereof to the effect the same may be recorded in the books of justiciary which the Clerk to the Criminall Court is hereby requyred to record therin as he shall be answerable Given at Edinburgh the eleventh day of October J^aj vj^c nynty and Four years Sic subscributur Tweeddale Sutherland Strathmore Lothian Forfar Tarbat Polwarth Archibald Murray Robert Sinclair John Maxwell T Livingstone