Commission by the council, 13 October 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Thretteint Day off October Jaj vjc nynty tuo years

A1692/10/221

Commission by the council

Comission for tryeing and Judgeing Paull Cleroch

The Lords of there majesties privie Councill Being Informed that Paull Cleiroch is guiltie of Notorious thifts and robberyes And that he is Comitted prisoner to the tolbooth of […] for the same and the saids Lords Considering that the said Paull Cannot be tryed and Judged by any persone in the Countrie without warrand and Commissione from there Lordships for that effect and that it will cost charge and expenses and severall Inconveniences may aryse In bringing the said Paull to this place In order to a tryall befor the Lords of Justiciarie And being desyrous that the matter be brought to a tryall And the said Paull If guiltie may receave condigne punishment and others may be deterred from Committing the Lyke in tyme comeing They hereby Give Full power warrand and Commissione to James Drumond of Gairdrum stewart deput of the stewartrie of Stratherne to take tryall of and to Judge and doe Justice upon the said Paull Cleiroch and in order thereto to meet att […] the […] day of […] and there to accept of this present Comission and upon his acceptance to administrate the oath of fidelitie to the persone whom James Montgomerie of Langshaw Clerk to the Justice court shall deput and substitute to be clerk to this present Comission And If the said James Montgomerie being requyred shall neglect or delay to deput and substitute a Clerk as said is with power to the said James Drummond to choise his oune Clerk For whom he shall be ansuerable with power Lykewayes to the said James Drumond hereby Comissionat to creat make and constitute serjeants dempsters and other members of the said court And to Issue out and Cause raise precepts or Lybells of Indytement at the Instance of […] procurator Fiscall for his majesties Interest in the said matter againest the said Paull Cleiroch for summonding and Citeing him the assysers and witnesses in the ordinarie maner and under the usuall pains and Certificationes To Compear befor the said Stewart deput hereby Comissionat att […] the […] day of […] with power also to him to amerciat and fyne the absent assysers and witnesses And the amerciaments and fynes to uplift for his oune use and behoove And to adjourne himself from tyme to tyme To the effect The pannell being fully heard The said Stewart deput may Judge and determine the relevancie of the Lybell and to call ane Inqueist of Fourtie Fyve persones who are to be Cited on the assysse of the said Paull Cleiroch And out of that number choise ane assyse of Fyftein And to administrat to them the ordinarie oath in the usuall termes And with power also to the said stewart deput to examine the witnesses to be cited In presence of the said pannell and sworne Inqueist upon the points that shall be admitted to probatione And thereafter to remit the said Lybell and Interloquitor to be given be him anent the relevancie thereof And the depositiones of the witnesses to be taken In maner forsaid to the knowledge of the said Inqueist and assyse whom they Appoint to elect a Chancellor or president with a Clerk and after reading and peruseall of the said Indytement to be pronunces thereon and depositiones of the winesses to be taken In presence of the said pannell and assyse To find the Lybell proven againest the said pannell or to assoilzie him according to Law and as they will be ansuerable to God and a Good Conscience That they draw up there verdict accordingly and delyver the samen sealled by the hand of there Chancellour or president to the said stewart deput whom they hereby authorize and Commissionat to advyse the haill process and verdict of the Inqueist with the depositioning of the witnesses And to give and pronunce sentence Condemnator or absolvitor in the said matter according to Justice And in case the stewart deput shall find the pannell Guiltie of the Crymes Laid to his charge with power to the said stewart deput to decerne and adjudge him to be hanged or otherwayes to be execute within such space and after such maner as he shall think fitt And Generallie with power to the said stewart deput to act doe and performe all and sundrie things whatsomever competent and Incumbent to be acted done and performed by any Comissioners of Justiciarie hitherto nominate and appoynted by the saids Lords of privie Councill Given at Edinburgh the thretteint day of october Jaj vjc and nyntie tuo years sic subscribitur Tweeddale Cancel. Drumlangrig Beilhaven William Master of Forbes William Anstruther Archibald Murray Thomas Livingstoun William Lockhart Patrick Murray

At Edinburgh 13 October 1692

A1692/10/221

Commission by the council

Commission for trying and Judging Paul Cleroch

The lords of their majesties’ privy council being informed that Paull Cleiroch is guiltie of Notorious thifts and robberyes And that he is Comitted prisoner to the tolbooth of […] for the same and the saids Lords Considering that the said Paull Cannot be tryed and Judged by any persone in the Countrie without warrand and Commissione from there Lordships for that effect and that it will cost charge and expenses and severall Inconveniences may aryse In bringing the said Paull to this place In order to a tryall befor the Lords of Justiciarie And being desyrous that the matter be brought to a tryall And the said Paull If guiltie may receave condigne punishment and others may be deterred from Committing the Lyke in tyme comeing They hereby Give Full power warrand and Commissione to James Drumond of Gairdrum stewart deput of the stewartrie of Stratherne to take tryall of and to Judge and doe Justice upon the said Paull Cleiroch and in order thereto to meet att […] the […] day of […] and there to accept of this present Comission and upon his acceptance to administrate the oath of fidelitie to the persone whom James Montgomerie of Langshaw Clerk to the Justice court shall deput and substitute to be clerk to this present Comission And If the said James Montgomerie being requyred shall neglect or delay to deput and substitute a Clerk as said is with power to the said James Drummond to choise his oune Clerk For whom he shall be ansuerable with power Lykewayes to the said James Drumond hereby Comissionat to creat make and constitute serjeants dempsters and other members of the said court And to Issue out and Cause raise precepts or Lybells of Indytement at the Instance of […] procurator Fiscall for his majesties Interest in the said matter againest the said Paull Cleiroch for summonding and Citeing him the assysers and witnesses in the ordinarie maner and under the usuall pains and Certificationes To Compear befor the said Stewart deput hereby Comissionat att […] the […] day of […] with power also to him to amerciat and fyne the absent assysers and witnesses And the amerciaments and fynes to uplift for his oune use and behoove And to adjourne himself from tyme to tyme To the effect The pannell being fully heard The said Stewart deput may Judge and determine the relevancie of the Lybell and to call ane Inqueist of Fourtie Fyve persones who are to be Cited on the assysse of the said Paull Cleiroch And out of that number choise ane assyse of Fyftein And to administrat to them the ordinarie oath in the usuall termes And with power also to the said stewart deput to examine the witnesses to be cited In presence of the said pannell and sworne Inqueist upon the points that shall be admitted to probatione And thereafter to remit the said Lybell and Interloquitor to be given be him anent the relevancie thereof And the depositiones of the witnesses to be taken In maner forsaid to the knowledge of the said Inqueist and assyse whom they Appoint to elect a Chancellor or president with a Clerk and after reading and peruseall of the said Indytement to be pronunces thereon and depositiones of the winesses to be taken In presence of the said pannell and assyse To find the Lybell proven againest the said pannell or to assoilzie him according to Law and as they will be ansuerable to God and a Good Conscience That they draw up there verdict accordingly and delyver the samen sealled by the hand of there Chancellour or president to the said stewart deput whom they hereby authorize and Commissionat to advyse the haill process and verdict of the Inqueist with the depositioning of the witnesses And to give and pronunce sentence Condemnator or absolvitor in the said matter according to Justice And in case the stewart deput shall find the pannell Guiltie of the Crymes Laid to his charge with power to the said stewart deput to decerne and adjudge him to be hanged or otherwayes to be execute within such space and after such maner as he shall think fitt And Generallie with power to the said stewart deput to act doe and performe all and sundrie things whatsomever competent and Incumbent to be acted done and performed by any Comissioners of Justiciarie hitherto nominate and appoynted by the saids Lords of privie Councill Given at Edinburgh the thretteint day of october Jaj vjc and nyntie tuo years sic subscribitur Tweeddale Cancel. Drumlangrig Beilhaven William Master of Forbes William Anstruther Archibald Murray Thomas Livingstoun William Lockhart Patrick Murray

1. PC1/48, 426-8.

1. PC1/48, 426-8.