Commission by the Council, 14 November 1695, Edinburgh

Warrant, 31 December 1695, Edinburgh

At Edinburgh the fourteenth day of November Jaj vjc nynty and fyve years

A1695/11/141

Commission by the Council

Comisione for trying of John Craufurd

The Lords of his Majesties privy Councill being informed That John Craufurd is presently prisoner in the Tolbooth of Dunce in the Shyre of Berwick as alleadged guilty of Thift constantly practised by Him for these severall years bygone And considering That it will be a great daill of Charges and expences to bring the said John Craufurd to this place in ordor to a tryall before the Lords Commissioners of Justiciary Besyde the severall inconveniencies that may arryse by his transportatione And the said Lords lykewayes considering that this cryme cannot be judged and tryed by any persones in the Countrey without a warrand and Commissione from them for that effect And their Lordships being desyreous to have the said matter brought to a tryall That the persone guilty may receive condigne punishment and others may be deterred from committing such crymes in tyme comeing They doe hereby give full power warrand and Commissione To Partick Lord Polwarth Shirriff principall of the said shyre of Berwick and James Home Shirriff deput thereof Sir John Swinton of that ilk Sir John Home of Blackader and Sir Robert Stueart of Allanbank or any three of the foresaid persons whom the said Lords doe Hereby declaire to be a sufficient quorum to take tryall of and to judge and doe justice upon the said John Craufurd prisoner in the said Tolbooth for the said Cryme and ordor thereto to meet and conveen at Dunce the tuenty day of November instant and there to accept of this present commission and upon their acceptance to administrat the oath of fidelity to the persone whom the Lord Justice Clerk or James Montgomerie of Langshaw Clerk to the Justice Court shall deput and substitut to be Clerk in his present Commissione And if the said James Montgomerie shall neglect or delay to deput or 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 Commissionate or their said quorum to create make and Constitut serjants Dempsters and other members of the said Court And to issue out and Cause raise precepts or lybells of indictment at the instance of the procurator Fiscall of the shirriff court of the said shyre procurator Fiscall for his majesties interest in the said matter against the said John Craufurd for ceitting him and the assyers and witneses in the ordinary manner and under the usuall pains and certificationes To compear before the said Commissioners hereby Commissionat or their said quorum at Dunce the […] day of […] with power also to them to amerciat and fyne the absent assysers and witneses and the amerciaments and fynes to uplift for their owne use and behoove and to adjourne themselves from tyme to tyme to the effect that the Pannall being fully heared The said commissioners or their said quorum may judge and determine the relevancy of the Lybell and to call ane inqueist of fourty fyve persons who are to be ceitted on the assyse of the said persone And out of that number to choise ane assyse of fyfteen and to administrat to them the ordinary oath in the usuall tearmes And with power also the said Commissioners or their said quorum To examine the witneses in presence of the said pannall and sworen inqueist upon the poynts that shall be admitted to probatione And therafter to remitt the said Lybell and interloquitor to be taken in maner foresaid to the knowledge of the said inquest and assyse whom they appoynt to elect a Chancellor or President with a Clark And after reading and peruseing of the said indictment interloquitor to be pronounced thereon and depositiones of the witneses to be taken in presence of the said Pannall and assyse and find the lybell proven against the said Pannall or to assoilzie him according to Law as the will be answerable to God and a good Conscience That they draw up their verdict accordingly and delyver the same sealled by the hand of their Chancellor or President to the said persons or their said quorum whom they hereby authorize and Commissionat to advyse the haill proces and verdict of the inqueist with the depositions of the witneses And to give and pronounce sentance condemnitor or absolvitor in the said matter according to justice And in case the said Judges shall find the said pannall guilty of the said Cryme laid to his charge with power to the said Commissioners or their said quorum to decerne and adjudge the said pannall to be Hanged or otherwayes execute within such space and after such manner as they shall think fitt and generally with 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 hitherto nominated and appoynted by the said Lords of privy Councill And they appoynt the said Commissioners or their said quorum within the space of ane moneth after pronounceing and executeing of their sentance in this matter To report to the Lords Comissioners of Justiciary or to the Clerk of the Criminall Court ane authentick coppie under their Hands of their said sentance and the maner of executing thereof to the effect the same may be recorded in the books of Justiciary which the Clark to the Criminall Court is hereby requyred to record therein as he will be answereable Given at Edinburgh the fourteenth day of November Jaj vjc nynty and fyve years sic subscribitur Tweeddale Cancell E Southerland Forfar Carmichaell James Stueart W Anstruther F Montgomerie T Burnet J Maxuell.

At Edinburgh the fourteenth day of November Jaj vjc nynty and fyve years

A1695/11/141

Commission by the Council

Comisione for trying of John Craufurd

The Lords of his Majesties privy Councill being informed That John Craufurd is presently prisoner in the Tolbooth of Dunce in the Shyre of Berwick as alleadged guilty of Thift constantly practised by Him for these severall years bygone And considering That it will be a great daill of Charges and expences to bring the said John Craufurd to this place in ordor to a tryall before the Lords Commissioners of Justiciary Besyde the severall inconveniencies that may arryse by his transportatione And the said Lords lykewayes considering that this cryme cannot be judged and tryed by any persones in the Countrey without a warrand and Commissione from them for that effect And their Lordships being desyreous to have the said matter brought to a tryall That the persone guilty may receive condigne punishment and others may be deterred from committing such crymes in tyme comeing They doe hereby give full power warrand and Commissione To Partick Lord Polwarth Shirriff principall of the said shyre of Berwick and James Home Shirriff deput thereof Sir John Swinton of that ilk Sir John Home of Blackader and Sir Robert Stueart of Allanbank or any three of the foresaid persons whom the said Lords doe Hereby declaire to be a sufficient quorum to take tryall of and to judge and doe justice upon the said John Craufurd prisoner in the said Tolbooth for the said Cryme and ordor thereto to meet and conveen at Dunce the tuenty day of November instant and there to accept of this present commission and upon their acceptance to administrat the oath of fidelity to the persone whom the Lord Justice Clerk or James Montgomerie of Langshaw Clerk to the Justice Court shall deput and substitut to be Clerk in his present Commissione And if the said James Montgomerie shall neglect or delay to deput or 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 Commissionate or their said quorum to create make and Constitut serjants Dempsters and other members of the said Court And to issue out and Cause raise precepts or lybells of indictment at the instance of the procurator Fiscall of the shirriff court of the said shyre procurator Fiscall for his majesties interest in the said matter against the said John Craufurd for ceitting him and the assyers and witneses in the ordinary manner and under the usuall pains and certificationes To compear before the said Commissioners hereby Commissionat or their said quorum at Dunce the […] day of […] with power also to them to amerciat and fyne the absent assysers and witneses and the amerciaments and fynes to uplift for their owne use and behoove and to adjourne themselves from tyme to tyme to the effect that the Pannall being fully heared The said commissioners or their said quorum may judge and determine the relevancy of the Lybell and to call ane inqueist of fourty fyve persons who are to be ceitted on the assyse of the said persone And out of that number to choise ane assyse of fyfteen and to administrat to them the ordinary oath in the usuall tearmes And with power also the said Commissioners or their said quorum To examine the witneses in presence of the said pannall and sworen inqueist upon the poynts that shall be admitted to probatione And therafter to remitt the said Lybell and interloquitor to be taken in maner foresaid to the knowledge of the said inquest and assyse whom they appoynt to elect a Chancellor or President with a Clark And after reading and peruseing of the said indictment interloquitor to be pronounced thereon and depositiones of the witneses to be taken in presence of the said Pannall and assyse and find the lybell proven against the said Pannall or to assoilzie him according to Law as the will be answerable to God and a good Conscience That they draw up their verdict accordingly and delyver the same sealled by the hand of their Chancellor or President to the said persons or their said quorum whom they hereby authorize and Commissionat to advyse the haill proces and verdict of the inqueist with the depositions of the witneses And to give and pronounce sentance condemnitor or absolvitor in the said matter according to justice And in case the said Judges shall find the said pannall guilty of the said Cryme laid to his charge with power to the said Commissioners or their said quorum to decerne and adjudge the said pannall to be Hanged or otherwayes execute within such space and after such manner as they shall think fitt and generally with 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 hitherto nominated and appoynted by the said Lords of privy Councill And they appoynt the said Commissioners or their said quorum within the space of ane moneth after pronounceing and executeing of their sentance in this matter To report to the Lords Comissioners of Justiciary or to the Clerk of the Criminall Court ane authentick coppie under their Hands of their said sentance and the maner of executing thereof to the effect the same may be recorded in the books of Justiciary which the Clark to the Criminall Court is hereby requyred to record therein as he will be answereable Given at Edinburgh the fourteenth day of November Jaj vjc nynty and fyve years sic subscribitur Tweeddale Cancell E Southerland Forfar Carmichaell James Stueart W Anstruther F Montgomerie T Burnet J Maxuell.

1. NRS, PC1/50, 259-61.

1. NRS, PC1/50, 259-61.