Commission by the Council, 21 February 1706, Edinburgh

Procedure: committee formed, 28 December 1706, Edinburgh

Att Edinburgh the Twentie first day of February Jaj vijc and Six years

A1706/2/141

Commission by the Council

Commission for Judgeing and trying house breakers etc

The Lords of her Majesties Privie Councell being Informed that John Hay younger Cap: maker att Inshyra, John Brown elder a horner, John Brown younger dragoun, Angus Fraser Horner Sophia Murray, Christian Moir, Jannet Brown, Katharine Rotsone and Janet Rotson present prisoners in the Tollbooth of Pearth, as also that George Gordon alias Mcwattie Sometyme Smith, Isobell Murray his Spous, and Sister to the said Sophia Murray, and John Anderson alias Soulie prisoners in the Tollbooth of Stirling, are alleadged guilty of the horride crymes of murder or man-Slaughter, Roberie, thift, recept of thift, and other attrocious crymes, and considering it will be great charges and expenses to bring the forsaids persons to this place In order to tryall befor the Lords Commissioners of Justiciary, besydes that severall Inconveniencies may aryse by ther transportation; And the saids Lords lykewayes considering that the saids crymes cannot be Judged and tryed by any persons in the Countrie without a warrand and Commission from them for that effect, and the saids Lords being desyreous 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 crymes in tyme comeing, Doe therfor Give full power, warrand and Commission to […] Viscount of Stormount, […] Ramsay Shirreff deput of Pearth, […] Bennet Shirreff deput of Stirling, Alexander Robertson provest of Pearth, […] Christie Baillie in Stirling, Sir Patrick Murray of Auchtertyre, and […] Craigie of Dumbarnie And declairs any fyve of the forsaids persons Commissioners to be a Sufficient Quorum, one of the saids Shirreff deputs being alewayes one; And the saids Commissioners or ther said Quorum being alewayes qualified by takeing the oath of alleadgance and Subscrybeing the Same with the Asureance befor they enter wpon the execution of ther offices by vertue heirof, To take tryall of and to Judge and doe Justice wpon the foirnamed persons for the saids crymes of murder or man-slaughter, Roberie, thift, recept of thift and other crymes abovewryten, and in order therto to meet and conveine at Pearth the Twentie eight day of March nixt to come, and their to accept of this present Commission, And upon ther acceptance to administrat the oath of fidelity to the persone whom the Lord Justice Clerk or James Montgomrie of Langshaw Clerk to the Justice Court as deput to the said Lord Justice Clerk, Shall nominat depute and Substitut to be Clerk to this present Commission; With power the saids Commissioners or ther said quorum to choyse ther own Clerk (for whom they Shall be answerable) In case the said Lord Justice Clerk and James Montgomrie Shall refuse to nominat a Clerk in this matter they being first requyred so to doe, with power lykewayes to the saids persons heirby Commissionat or ther said Quorum, to creat, make and constitut, serjeants, dempsters and other members of the said Court, and to issue out and raise precepts or lybells of Indictments at the instance of […] procurator Fiscall for her Majesties Interest in the said matter against the saids John Hay younger, John Browns elder and younger Angus Fraser, Sophia Murray, Christian Moir, Janet Brown, Katharine and Janet Rotsons George Gordon, Isobell Murray and John Andersone for the crymes abovementioned for Summonding and citeing of them upon fyftein dayes by delyvering to them a full coppie of the lybell or Indytement, with the names and designations of the assyzers and wittnesses subjoyned, And for citeing the assyzers and wittnesses in the ordinary maner and wnder the pains and certifications usuall in Such cases, To Compear befor the Saids Commissioners heirby Commissionat or ther said Quorum at Pearth […] with power also to them to amerciat and fyne the absent assyzers and wittnesses, and the amerciaments and fynes to uplift for ther own use and behooff, And to adjurne themselves from tyme to tyme till the relivancie be discussed, To the effect that the pannells being fully heard, The Saids Commissioners or ther said quorum may Judge and determine the relivancie of the said lybell, and to Call ane Inquest of fourtie fyve persons who are to be cited on the assyze of the saids pannells, and a list of ther names and designations given to the saids persons accused, with ther lybells as said is, And after discussing of the relivancie of the saids lybells, In presence of the saids persons of Inquest by pronounceing Interloquitor theron, out of that number to choyse ane assyze of fyftein, and to administrat to them the ordinary oath in the usuall terms; And with power also to the saids Commissioners or ther said quorum to examine the wittnesses to be cited In presence of the saids pannells and Sworne Inquest upon the poynts that Shall be admitted to probation, And imediatly therafter without any adjurnment to remitt the said Lybell and Interloquitor to be given by them anent the relivancie therof and the depositions of the wittnesses to be taken in maner forsaid, To the knowledge of the said assyze, who without delay or goeing out of the Court are to be inclosed by themselves and are heirby appoynted to remaine so inlosed, and non Suffered to be with them, or to have access to them, or any of themselves sufferred to goe out, wntill they be aggreed and conclude ther answer, and to elect a Chancellor or president with a Clerk of ther own number, and after reading and peruseing of the said Indytement, Interloquitor to be pronounced theron, and depositions of the wittnesses to be taken in presence of the saids pannalls and assyze, They are to find the said lybell proven against the saids pannells or not, according to law, as they will be answerable to God and a good conscience, And that they draw up the verdict accordingly, bearing what way every assyzer doth vote, and delyver the Samen, being first Subscribed by the Chancellor and Clerk, and Sealled by the hand of ther Chancellor or president, To the saids Commissioners or ther said Quorum, whom they heirby Authorize and Commissionat to advyse the haill proces and verdict of the Inquest, and give and pronounce Sentence condemnator or absolvitor in the said matter according to Justice, and in case the saids persons Shall find the saids pannalls guilty of the crymes laid to ther charge with power to the saids Commissioners or ther said Quorum To decerne and adjudge them to be execute to death, within Such Space and after Such maner as they Shall think fitt; And appoynts the Saids Commissioners ther said quorum or Clerk to transmitt the haill proces that Shall be laid befor them against the saids John Hay, John Browns elder and younger, Angus Fraser, Sophia Murray, Christian Moir, Janet Brown, Katharine and Jannet Rotsons, George Gordon, Isobell Murray and John Anderson, and the Severall Steps therof, and verdict of the In quest to be given therupon, To the saids Lords of her Majesties Privie Councell betwixt and the Twentie fyfth day of June nixt to come, to be considered by them; And discharges the saids Commissioners or ther said Quorum to Sufferr the Sentence which Shall be pronounced by them against the saids pannells to be putt to execution, or to appoynt or affix a day for executeing therof, without Speciall order or warrand had or obtained from the saids Lords of Privie Councell for that effect, And Generallie with power to the Saids Commissioners or ther Said Quorum To Act, doe and performe all and Sundrie other things whatsomever competent and incumbent to be acted, done and performed by any Commissioners of Justiciary hitherto nominat and appoynted by the saids Lords of Privie Councell; And the Saids Lords appoynts the saids Commissioners, or ther said Quorum within the Space of a moneth after pronounceing and executing their Sentence in this matter, To report to the Lords Commissioners of Justiciary, or to the Clerk of the Criminall Court, and authentick extract wnder their hands, off the said proces, Sentence, and the maner of executeing 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 answerable; Given att Edinburgh the twentie first day of February Jaj vijc and Six years, Sic Subscribitur Sutherland P. Montrose. Buchan. Craufurd, Forfar, Ruglen. Cromartie. Glasgow. James Steuart. Robert Dundas.

At Edinburgh 21 February 1706

A1706/2/141

Commission by the Council

Commission for judging and trying house breakers etc

The lords of her majesty’s privy council being informed that John Hay younger capmaker at Inchyra, John Brown elder a horner, John Brown younger dragoon, Angus Fraser horner, Sophia Murray, Christian Moir, Janet Brown, Katharine Robertson, and Janet Robertson, present prisoners in the tolbooth of Perth, as also that George Gordon, alias Mcwattie sometime Smith, Isobel Murray his spouse, and sister to the said Sophia Murray, and John Anderson alias Soulie prisoners in the tolbooth of Stirling, are alleged guilty of the horrid crimes of murder or manslaughter, robbery, theft, receipt of stolen goods, and other atrocious crimes, and considering [there] will be great charges and expenses [in bringing] the foresaid persons to this place in order to [go to] trial before the lord commissioners of justiciary, besides that several inconveniencies may arise by their transportation; and the said lords likewise considering that the said crimes cannot be judged and tried by any person in the country without a warrant and commission from them for that effect, and the said lords being desirous to have the said matter brought to a trial, that the persons guilty may receive condign punishment, and others may be deterred from committing such crimes in time coming, do therefor give full power, warrant, and commission to […] viscount of Stormount, […] Ramsay, sheriff depute of Parth, […] Bennet, sheriff depute of Stirling, Alexander Robertson. provost of Parth, […] Christie, bailie in Stirling, Sir Patrick Murray of Auchtertyre, and […] Craigie of Dumbarnie, and declare any five of the foresaid persons, commissioners, to be a sufficient quorum, one of the said sheriff deputes being always one; and the said commissioners or there said quorum being always qualified by taking the oath of allegiance and subscribing the same with the assurance before they enter upon the execution of their offices by virtue hereof, to take trial of and to judge and do justice upon the forenamed persons for the said crimes of murder or manslaughter, robbery, theft, receipt of stolen goods, and other crimes above written, and in order thereto to meet and convene at Perth 28 March next to come, and there to accept of this present commission, and upon their acceptance to administer the oath of fidelity to the person whom [Adam Cockburn] the lord justice clerk or James Montgomery of Langshaw, clerk to the justice court as depute to the said lord justice clerk, shall nominate, depute, and substitute to be clerk to this present commission. With power [to] the said commissioners or their said quorum to choose their own clerk (for whom they shall be answerable) in case the said lord justice clerk and James Montgomerie shall refuse to nominate a clerk in this matter, they being first required so to do, with power likewise to the said persons hereby commissioned or their said quorum to create, make, and constitute sergeants, dempsters, and other members of the said court, and to issue out and raise precepts or libels of indictments at the instance of […] procurator fiscal for her majesty’s interest in the said matter against the said John Hay younger, John Brown elder and younger, Angus Fraser, Sophia Murray, Christian Moir, Janet Brown, Katharine and Janet Robertson, George Gordon, Isobel Murray, and John Anderson for the crimes abovementioned; for summoning and citing of them upon fifteen days by delivering to them a full copy of the libel or indictment with the names and designations of the assizers and witnesses subjoined; and for citing the assizers and witnesses in the ordinary manner and under the pains and certifications usual in such cases to appear before the said commissioners hereby commissioned or their said quorum at Perth […]; with power also to them to amerciate and fine the absent assizers and witnesses, and the amercements and fines to uplift for their own use and behove; and to adjourn themselves from time to time till the relevancy be discussed, to the effect that the panels being fully heard, the said commissioners or their said quorum may judge and determine the relevancy of the said libel; and to call an inquest of forty-five persons who are to be cited on the assize of the said panels, and a list of their names and designations given to the said persons accused, with their libels as said is; and after discussing of the relevancy of the said libels, in presence of the said persons of inquest by pronouncing interlocutor thereon, out of that number to choose an assize of fifteen, and to administer to them the ordinary oath in the usual terms; and with power also to the said commissioners or their said quorum to examine the witnesses to be cited in presence of the said panels and sworn inquest upon the points that shall be admitted to probation; and immediately thereafter without any adjournment to remit the said libel and interlocutor to be given by them concerning the relevancy thereof and the depositions of the witnesses to be taken in manner foresaid, to the knowledge of the said assize, who without delay or going out of the court are to be enclosed by themselves and are hereby appointed to remain so enclosed, and none suffered to be with them, or to have access to them, or any of themselves suffered to go out, until they be agreed and conclude their answer, and to elect a chancellor or president with a clerk of their own number, and after reading and perusing of the said indictment, interlocutor to be pronounced thereon, and depositions of the witnesses to be taken in presence of the said panels and assize, they are to find the said libel proven against the said panels or not, according to law, as they will be answerable to God and a good conscience; and that they draw up the verdict accordingly, bearing what way every assizer does vote, and deliver the same, being first subscribed by the chancellor and clerk, and sealed by the hand of their chancellor or president, to the said commissioners or their said quorum, whom they hereby authorise and commission to advise the whole process and verdict of the inquest, and give and pronounce sentence condemnatory or absolvitory in the said matter according to justice; and in case the said persons shall find the said panels guilty of the crimes laid to their charge, with power to the said commissioners or their said quorum to discern and adjudge them to be executed to death, within such space and after such manner as they shall think fit; and appoint the said commissioners their said quorum or clerk to transmit the whole process that shall be laid before them against the said John Hay, John Brown elder and younger, Angus Fraser, Sophia Murray, Christian Moir, Janet Brown, Katharine and Janet Robertson, George Gordon, Isobel Murray, and John Anderson, and the several steps thereof, and verdict of the inquest to be given thereupon, to the said lords of her majesty’s privy council between [now] and 25 June next to come, to be considered by them; and discharge the said commissioners or their said quorum to suffer the sentence which shall be pronounced by them against the said panels to be put to execution, or to appoint or affix a day for executing thereof, without special order or warrant had or obtained from the said lords of privy council for that effect; and generally with power to the said commissioners or their said quorum to act, do, and perform all and sundry other things whatsoever competent and incumbent to be acted, done, and performed by any commissioners of justiciary hitherto nominated and appointed by the said lords of privy council. And the said lords appoint the said commissioners, or their said quorum, within the space of a month after pronouncing and executing their sentence in this matter, to report to the lord commissioners of justiciary, or to the clerk of the criminal court, an authentic extract under their hands of the said process, sentence, and the manner of executing thereof, to the effect the same may be recorded in the books of justiciary, which the clerk to the criminal court is hereby required to record therein, as he will be answerable. Given at Edinburgh 21 February 1706. Sic Subscribitur Sutherland preses; Montrose; Buchan; Crawford; Forfar; Ruglen; Cromartie; Glasgow; James Stewart; Robert Dundas.

1. NRS, PC1/53, 447-9.

1. NRS, PC1/53, 447-9.