At Holyrudehouse thursday the sexteenth day of may Jaj vjc nynty and fyve years
A1695/5/11
A1695/5/111
Commission by the Council
Commissione of Justiciary for tryeing Margaret Baird
His Majesties high Commissioner and the Lords of his majesties privie Councill being informed That Margaret Baird relict of the deceast John Parker in Haining is presentlie prisoner in the Tolbooth of Ayre as alleadged guiltie of murdering her Chyld alleadged brought furth by the said Margaret in march last and Considering it will be a great deall of charges and expences to bring the said Margaret Baird to this place in ordor to a tryall before the Lords Commissioners of Justiciary besyds the severall inconveniencies that may arryse by their transportatione and the said Lords lyke wayes considering that this cryme cannot be tryed and judged by any persones in the Countrey without a warrand and Commissione from their Lordships for that effect and their Lordships being desyreous to have the said matter brought to a tryall that the persone guiltie 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 Mongo Campbell of Nether Place and Master John Cockburne Shirriff deputs of the shyre of […] William Chalmers of Blackrig Allane Chalmers of Sauchrie John Reid of Ballochmyle younger and William Montgomrie of Brigend or any three of the foresaid persones whom the said Lords doe hereby declaire to be a sufficient quorum, one of the said Shirriffs deputs being alwayes one of the three To take tryall of and to judge and2 doe justice upon the said Margaret Baird present Prisoner in the said Tolbooth for the said cryme and in ordor thereto to meet and conveen at Ayre the fourth day of June next to come and there to accept of this principall Commissione and upon their acceptance to administrate the oath of fedelity to the persone whom James Montgomerie of Langshaw Clerk to the Justice Court shall depute and substitut to be Clerk to this present Commissione, and if the said James Montgomerie shall neglect or delay to depute or substitute a Clark as said is being requyred thereto With power to the said Commissioners or their said quorum to Choyse ther owne Clark 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 others members of the said Court and to issue out and Cause raise precepts or lybells of indictment at the instance of […] Blair Wryter in the said burgh of Ayre Procurator Fiscall for his Majesties interest in the said matter against the said Margaret Baird for ceitting her and the assysers and witnesses in the ordinary maner and under the usuall paines and certificationes To compear before the said Commissioners hereby Commissionat or their said quorum at Ayre the tuentie one day of June in the said moneth with full power also to them to amerciat and fyne the absent assysers and witnesses 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 Pannell being fully heared The said Commissioners or ther said quorum may Judge and determine the Relevancie of the Lybell and to call ane inqueist of fourtie fyve persones who are to be ceitted on the assyse of the said persone and out of that number to choyse ane assyse of fyfteen and to administrate to them the ordinary oathe in the usuall tearms and with power also the said Commissioners or their said quorum to examine the witnesses ceitted in presence of the said Pannell and sworen inqueist upon the poynts that shall be admitted to probatione and therafter to remitt the said lybell and interloqutor 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 President with a Clark and after reading and peruseing of the said indictment interloqutor to be pronounced thereon and depositiones of the witnesses to be taken in presence of the said Pannell and assyse to find the lybell proven against the said pannell or to assoilzie her 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 Chancellor or President 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 witneses and to give and pronounce sentance condemnatur or absolvitur in the said matter according to justice And in case the said Judges shall find the said Pannall guilty of the cryme layed to her Charge With power to the said Commissioners or their said quorum to decerne3 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 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 hitherto nominat and appoynted by the said Lords of privie Councill and the said Lords appoynts the said Commissioners or their said quorum within the space of ane moneth after pronounceing and executing of their sentance in this matter To report to the Lords Commissioners of Justiciary or to the Clerk of the Criminall Court ane authentick extract under their hands of their said sentance and the maner 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 therein as he will be answerable Given at Halyrude house the sexteenth day of May Jaj vjc nynty and fyve years sic subscribitur Annandale P Melvill. Argyle Southerland J Morton Cassillis Lothiane Forfar Tarbatt Ross Robert Sinclair
1. NRS, PC1/50, 181-3.
2. The letters ‘oe’ scored out here.
3. The phrase ‘as they shall think fitt’ scored out here.
1. NRS, PC1/50, 181-3.
2. The letters ‘oe’ scored out here.
3. The phrase ‘as they shall think fitt’ scored out here.