Commission by the Council, 2 July 1696, Edinburgh

Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the second day of Jullie Jaj vjc nyntie six years

A1696/7/21

Commission by the Council

Commission for trying John Simpson anent a rapt

The Lords of his Majesties privie Councill Being Informed that John Sympsone who is presently prisoner in the tolbooth of2 Dunse as alleadged gulty of a rapt or Committing violence upon the persone of […] Moffet in Kramikreuk And Considering it will be a Great deall of charges and expences to bring the said John Sympson to this place in order to a tryall before the Lords Commissioners of Justiciary besyds the severall Inconvencies that may arrise by his transportatione And the saids Lords Lykeuayes Considering that this Cryme Cannot be Judged and tryed by any persons in the Country uithout a warrand and Commission from them for that effect And the saids Lords being desyrous to have the said matter brought to a tryall That the persone guiltie may receave Condigne punishment and others may be deterred from Committing such ane unnaturall Crime in tyme coming They doe heirby Give full pouer warrand and Commission to Sir John Home of Blackader Sir Robert Steuart of Allanbank George Home of Kimergem George Home of Bassendine and James Home of Flask shirreff Deput of the shire of Berwick, or any three of the forsaids persons The said shirref deput being aluayes one of the Quorum whom the saids Lords doe heirby declare to be a sufficient Quorum To take tryall of and to Judge and Doe Justice upon the said John Sympsone prisoner in the said tolbooth for the said horrid Crime And In order therto To Meet and Conveen at Dunse the tuenty tuo day of Jullie Instant And ther to accept of this Commission And upon their acceptance to administrat the oath of fidelity to the persone whom the Lord Justice Clerk or James Muntgomery of Langshaw Clerk to the Justice Court shall deput and substitut to be Clerk to this present Commission And if the saids Lord Justice Clerk or James Muntgomery shall neglect or delay to depute or substitut a clerk as said is Being requyred therto with full pouer to the saids Commissioners or their said quorum to Choise their oune Clerk for whom they shall be ansuerable with full pouer Lykewayes to the persons heirby Commissionat or their said quorum to Creat 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 John Allane Indueller in Whitsome procurator fiscall for his majesties Intrest in the said matter against the said John Simpsone For Citing him the Assysers and uitnesses in the ordinarie manner and under the usuall pains and Certifications to Compear before the saids Commissioners heirby Commissionat or their said quorum at Dunse the […] day therafter with pouer also to them to amerciat and fyne the absent assysers and uitnesses and the amerciaments and fynes to uplift for their oune use and behoove And to adjurne themselves from tyme to tyme To the effect that the pannell being fullie heard The saids Commissioners or ther said quorum may Judge and determine the relevancy of the Lybell And to Call ane Inquiest of Fourtie five persons who are to be Cited on the assyse of the said persone And out of that number to Chose ane assyse of Fifteen And to administrat to them the ordinary oath in the usuall tearms And with pouer also to the saids Commissioners or their said quorum to examine the witnesses in presence of the said pannell and suorne Inquiest upon the points that shall be admitted to probatione And therafter to remitt the said Lybell and Interloquitor to be Given by them anent the relevancy therof and the depositions of the uitnesses to be taken In manner forsaid to the knouledge of the said inquiest and assyse whom they appoint to elect Chancelor or president with a Clerk And after reading and perusing of the said Indictment Interloquitor to be pronunced theron and depositions of the uitnesses to be taken in presence of the said pannell and assyse To find the Lybell proven against the said pannell or to assoilze according to Law as they uill be ansuerable to God and a Good conscience That they drau up their verdict accordingly and delyver the same sealled by the hand of their Chancelor or president to the saids persons or their said quorum whom they heirby authorize and Commissionat to advyse the haill proces and verdict of the Inquiest with the Depositiones of the uitnesses to be taken in presence of the said pannell and assyse And 3 to Give and pronunce sentence Condemnator or absolvitor in the said matter according to Justice And in caise the saids Judges shall find the pannell guiltie of the said Cryme Laid to his charge with pouer to the saids Commissioners or their said quorum To decerne and adjudge the said pannell to be hanged or otherwayes execute to the Death uithin such space and after such manner as they shall think fitt And appoints the saids Commissioners or their said quorum or Clerk to transmitt the haill proces which shall be Ledd before them against the said John Simpsone and severall stepps therof and verdict of the inquiest to be therupon to the saids Lords of his Majesties privie Counsell betuixt and the first day of september next to Come To be Considered by them And discharges the saids Commissioners or their said quorum to suffer the sentence which shall be pronunced by them against the said John Sympson to be putt to execution or to appoint or affix a day for executing therof uithout speciall order and warrand had and obtained from the saids Lords of privie Councell for that effect And Generallie uith pouer to the saids Commissioners or ther 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 appointed by the saids Lords of privie Counsell And they heirby appoint the saids Commissioners or their said quorum uithin the space of ane month after pronuncing and executing their said sentence in this matter upon speciall warrand to be Given by the Councill for doing the same To report to the Lords Commissioners of Justiciary or to the Clerks of the Criminall Court ane authentick Coppie under their hands of their said proces sentence and manner of executing therof To the effect the same may be recorded in the Books of Justiciary which the Clerk to the Criminall Court is heirby requyred to record therin as he will be ansuerable Given at Edinburgh the second day of Jullie Jaj vjc nyntie six years sic subscribitur Poluarth cancellar Melvill Southerland John Hamilton Raith Robert Cheislie

Att Edinburgh the second day of Jullie Jaj vjc nyntie six years

A1696/7/21

Commission by the Council

Commission for trying John Simpson anent a rapt

The Lords of his Majesties privie Councill Being Informed that John Sympsone who is presently prisoner in the tolbooth of2 Dunse as alleadged gulty of a rapt or Committing violence upon the persone of […] Moffet in Kramikreuk And Considering it will be a Great deall of charges and expences to bring the said John Sympson to this place in order to a tryall before the Lords Commissioners of Justiciary besyds the severall Inconvencies that may arrise by his transportatione And the saids Lords Lykeuayes Considering that this Cryme Cannot be Judged and tryed by any persons in the Country uithout a warrand and Commission from them for that effect And the saids Lords being desyrous to have the said matter brought to a tryall That the persone guiltie may receave Condigne punishment and others may be deterred from Committing such ane unnaturall Crime in tyme coming They doe heirby Give full pouer warrand and Commission to Sir John Home of Blackader Sir Robert Steuart of Allanbank George Home of Kimergem George Home of Bassendine and James Home of Flask shirreff Deput of the shire of Berwick, or any three of the forsaids persons The said shirref deput being aluayes one of the Quorum whom the saids Lords doe heirby declare to be a sufficient Quorum To take tryall of and to Judge and Doe Justice upon the said John Sympsone prisoner in the said tolbooth for the said horrid Crime And In order therto To Meet and Conveen at Dunse the tuenty tuo day of Jullie Instant And ther to accept of this Commission And upon their acceptance to administrat the oath of fidelity to the persone whom the Lord Justice Clerk or James Muntgomery of Langshaw Clerk to the Justice Court shall deput and substitut to be Clerk to this present Commission And if the saids Lord Justice Clerk or James Muntgomery shall neglect or delay to depute or substitut a clerk as said is Being requyred therto with full pouer to the saids Commissioners or their said quorum to Choise their oune Clerk for whom they shall be ansuerable with full pouer Lykewayes to the persons heirby Commissionat or their said quorum to Creat 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 John Allane Indueller in Whitsome procurator fiscall for his majesties Intrest in the said matter against the said John Simpsone For Citing him the Assysers and uitnesses in the ordinarie manner and under the usuall pains and Certifications to Compear before the saids Commissioners heirby Commissionat or their said quorum at Dunse the […] day therafter with pouer also to them to amerciat and fyne the absent assysers and uitnesses and the amerciaments and fynes to uplift for their oune use and behoove And to adjurne themselves from tyme to tyme To the effect that the pannell being fullie heard The saids Commissioners or ther said quorum may Judge and determine the relevancy of the Lybell And to Call ane Inquiest of Fourtie five persons who are to be Cited on the assyse of the said persone And out of that number to Chose ane assyse of Fifteen And to administrat to them the ordinary oath in the usuall tearms And with pouer also to the saids Commissioners or their said quorum to examine the witnesses in presence of the said pannell and suorne Inquiest upon the points that shall be admitted to probatione And therafter to remitt the said Lybell and Interloquitor to be Given by them anent the relevancy therof and the depositions of the uitnesses to be taken In manner forsaid to the knouledge of the said inquiest and assyse whom they appoint to elect Chancelor or president with a Clerk And after reading and perusing of the said Indictment Interloquitor to be pronunced theron and depositions of the uitnesses to be taken in presence of the said pannell and assyse To find the Lybell proven against the said pannell or to assoilze according to Law as they uill be ansuerable to God and a Good conscience That they drau up their verdict accordingly and delyver the same sealled by the hand of their Chancelor or president to the saids persons or their said quorum whom they heirby authorize and Commissionat to advyse the haill proces and verdict of the Inquiest with the Depositiones of the uitnesses to be taken in presence of the said pannell and assyse And 3 to Give and pronunce sentence Condemnator or absolvitor in the said matter according to Justice And in caise the saids Judges shall find the pannell guiltie of the said Cryme Laid to his charge with pouer to the saids Commissioners or their said quorum To decerne and adjudge the said pannell to be hanged or otherwayes execute to the Death uithin such space and after such manner as they shall think fitt And appoints the saids Commissioners or their said quorum or Clerk to transmitt the haill proces which shall be Ledd before them against the said John Simpsone and severall stepps therof and verdict of the inquiest to be therupon to the saids Lords of his Majesties privie Counsell betuixt and the first day of september next to Come To be Considered by them And discharges the saids Commissioners or their said quorum to suffer the sentence which shall be pronunced by them against the said John Sympson to be putt to execution or to appoint or affix a day for executing therof uithout speciall order and warrand had and obtained from the saids Lords of privie Councell for that effect And Generallie uith pouer to the saids Commissioners or ther 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 appointed by the saids Lords of privie Counsell And they heirby appoint the saids Commissioners or their said quorum uithin the space of ane month after pronuncing and executing their said sentence in this matter upon speciall warrand to be Given by the Councill for doing the same To report to the Lords Commissioners of Justiciary or to the Clerks of the Criminall Court ane authentick Coppie under their hands of their said proces sentence and manner of executing therof To the effect the same may be recorded in the Books of Justiciary which the Clerk to the Criminall Court is heirby requyred to record therin as he will be ansuerable Given at Edinburgh the second day of Jullie Jaj vjc nyntie six years sic subscribitur Poluarth cancellar Melvill Southerland John Hamilton Raith Robert Cheislie

1. NRS, PC1/50, 573-5.

2. The word ‘Edinburgh’ scored out here.

3. The phrase ‘to Find the Lybell proven against’ scored out here.

1. NRS, PC1/50, 573-5.

2. The word ‘Edinburgh’ scored out here.

3. The phrase ‘to Find the Lybell proven against’ scored out here.