Commission by the Council, 21 November 1693, Edinburgh

Act, 28 December 1693, Edinburgh

Att Edinburgh The Tuentie first day of november Jaj vic nyntie thrie years

A1693/11/251

Commission by the Council

Commissione for trying Robert Millar2

The Lords of their Majesties privie Councell Being Informed that Alexander Miller in Killen uithin the shirreffdome of Ross Agnas Mculloch his spouse John Miller his son and Donald Taylor also in Killan are presently prisoners in the tolbooth of Tayne as alleadged guilty of murdering Elspeth Miller in the said toune of Killen and ane Chyld ane Infant supposed procreat betuixt her and the said John Miller And Considering that it uill be a Great deall of charges and expensses to bring the saids Alexander Miller Agnas McCulloch John Miller and Donald Taylor to this place In ordor to a tryall before the Lords Commissioners of Justiciary Besyds the severall Inconveniences may arrise by their transportatione And the saids Lords Lykewayes Considering that these Crymes Cannot be tryed and Judged by any persones in the Country uithout a warrand and Commissione from their Lordships for that effect And their Lordships being desyrous to have the said matter brought to a tryall that the persones guilty may receave Condigne punishment and others may be deterred from Committing such Crymes in tyme coming They doe Heirby Give full pouer warrand and Commissione to David Ross of Balnagoune shirreff principall of the shyre of […] and […] his depute George Monro of Colraine George Monro of Newmore Kenneth Mckenzie of Scattuell John Ross of Auchnaclouch Walter Ross provost of Taine Mr John Bayne of Dainly and Mr Alexander Grhame Commissary of Ross or any three of them who are heirby declared to be a Quorum To take tryall off And to Judge and doe Justice upon the saids persones presently prisoners in the said tolbooth for the said Cryme And In ordor therto to meet and Conveen at Taine the tuenty sixth day of december nixt to Come And ther to accept of this present Commissione And upon their acceptance to administrat the oath of fidelity to the persone whom James Muntgomery of Langschau Clark to the Justice Court shall depute and substitut to be Clark to this present Commissione And if the said James Muntgomery shall neglect or delay to depute and substitut a Clark as said is being requyred therto uith pouer Lykewayes to the 3 Said Commissioners or their said Quorum to Choise their oune Clark for whom they uill be ansuerable with pouer also to the persones heirby Commissionat or their said Quorum to Creat make and Constitut serjants Dempsters and other members of the said Courte And to Issue out and Cause raise precepts or Lybells of Indytement at the Instance of Charles Mansone procurator fiscall for his Majesties Intrest in the said matter Against the said Alexander Miller Agnas Mculloch John Miller and Donald Taylor for summonding and Citing them and the Assysers and uitnesses in the ordinary manner and under the usuall paines and Certificationes To Compear before the saids Commissioners Heirby Comraissionat or their said Quorum at Taine the […] day of […] 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 behooff And to And to4 adjurne themselves from tyme to tyme To the effect that the pannells being fully heard The saids Commissioners or their said quorum may Judge and determine the relevancy of the Lybell And to Call ane Inquest of Fourtie five persones who are to be Cited on the assyse of the saids persones and of that number to Choyse ane assyse of Fyfteen And to administrat to them the ordinary oath in the usuall termes And uith pouer also to the saids Commissioners or their said Quorum to examine the uitnesses cited in presence of the saids pannalls and suorne Inquiest upon the poyntes 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 depositiones therof to be taken In manner forsaid To the knouledge of the said Inquiest and assayse whom they appoynte to Elect a Chancellor or president uith a Clark And after reading and perusall of the said Indytment Interloquitor to be pronunced theron and depositiones of the uitnesses to be taken in presence of the saids pannalls and assayse To Find the Lybell proven Against the saids pannalls or to assoillzie them according to Lau as they uill be ansuerable to God and a Good Conscience and that they draw up their verdict accordingly and delyver the same sealled by the hand of their Chancellor or president to the saids persones or their quorum whom they Heirby authorize and Commissionat to advyse the haill process and verdict of the Inquest uith the depositiones of the uitnesses And to Give and pronunce sentence Condemnator or absolvitor in the said matter according to Justice And in case the saids Judges shall find the pannalls guilty of the Cryme Laid to their charge with pouer to the saids Commissioners or their Quorum to decerne and adjudge the saids pannalls to be hanged or otherwayes execute uithin such space and after such manner as they shall think fitt And Generally uith full pouer to the saids 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 saids Lords of privie Councell And the saids Lords appoyntes the saids Commissioners or their said Quorum uithin the space of tuenty dayes after the pronuncing and executing of their sentence in this matter to Report to the Lords Commissioners of Justiciary or to the Clark of the Criminall Courte ane authentick extract under their hands of their said sentence and the manner of executing therof To the effect the same may be Recorded in the books of Justiciary which the Clark of the Criminall Courte Is heirby appoynted to record therin as he will be ansuerable Given at Edinburgh the tuenty first day of November Jaj vic nyntie three years sic subscribitur Tueeddall cancel: Southerland Linlithgow Annandall Forfar Tarbat Strathnaver Stair Raith Beilhaven William Master of Forbess

Att Edinburgh The Tuentie first day of november Jaj vic nyntie thrie years

A1693/11/251

Commission by the Council

Commissione for trying Robert Millar2

The Lords of their Majesties privie Councell Being Informed that Alexander Miller in Killen uithin the shirreffdome of Ross Agnas Mculloch his spouse John Miller his son and Donald Taylor also in Killan are presently prisoners in the tolbooth of Tayne as alleadged guilty of murdering Elspeth Miller in the said toune of Killen and ane Chyld ane Infant supposed procreat betuixt her and the said John Miller And Considering that it uill be a Great deall of charges and expensses to bring the saids Alexander Miller Agnas McCulloch John Miller and Donald Taylor to this place In ordor to a tryall before the Lords Commissioners of Justiciary Besyds the severall Inconveniences may arrise by their transportatione And the saids Lords Lykewayes Considering that these Crymes Cannot be tryed and Judged by any persones in the Country uithout a warrand and Commissione from their Lordships for that effect And their Lordships being desyrous to have the said matter brought to a tryall that the persones guilty may receave Condigne punishment and others may be deterred from Committing such Crymes in tyme coming They doe Heirby Give full pouer warrand and Commissione to David Ross of Balnagoune shirreff principall of the shyre of […] and […] his depute George Monro of Colraine George Monro of Newmore Kenneth Mckenzie of Scattuell John Ross of Auchnaclouch Walter Ross provost of Taine Mr John Bayne of Dainly and Mr Alexander Grhame Commissary of Ross or any three of them who are heirby declared to be a Quorum To take tryall off And to Judge and doe Justice upon the saids persones presently prisoners in the said tolbooth for the said Cryme And In ordor therto to meet and Conveen at Taine the tuenty sixth day of december nixt to Come And ther to accept of this present Commissione And upon their acceptance to administrat the oath of fidelity to the persone whom James Muntgomery of Langschau Clark to the Justice Court shall depute and substitut to be Clark to this present Commissione And if the said James Muntgomery shall neglect or delay to depute and substitut a Clark as said is being requyred therto uith pouer Lykewayes to the 3 Said Commissioners or their said Quorum to Choise their oune Clark for whom they uill be ansuerable with pouer also to the persones heirby Commissionat or their said Quorum to Creat make and Constitut serjants Dempsters and other members of the said Courte And to Issue out and Cause raise precepts or Lybells of Indytement at the Instance of Charles Mansone procurator fiscall for his Majesties Intrest in the said matter Against the said Alexander Miller Agnas Mculloch John Miller and Donald Taylor for summonding and Citing them and the Assysers and uitnesses in the ordinary manner and under the usuall paines and Certificationes To Compear before the saids Commissioners Heirby Comraissionat or their said Quorum at Taine the […] day of […] 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 behooff And to And to4 adjurne themselves from tyme to tyme To the effect that the pannells being fully heard The saids Commissioners or their said quorum may Judge and determine the relevancy of the Lybell And to Call ane Inquest of Fourtie five persones who are to be Cited on the assyse of the saids persones and of that number to Choyse ane assyse of Fyfteen And to administrat to them the ordinary oath in the usuall termes And uith pouer also to the saids Commissioners or their said Quorum to examine the uitnesses cited in presence of the saids pannalls and suorne Inquiest upon the poyntes 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 depositiones therof to be taken In manner forsaid To the knouledge of the said Inquiest and assayse whom they appoynte to Elect a Chancellor or president uith a Clark And after reading and perusall of the said Indytment Interloquitor to be pronunced theron and depositiones of the uitnesses to be taken in presence of the saids pannalls and assayse To Find the Lybell proven Against the saids pannalls or to assoillzie them according to Lau as they uill be ansuerable to God and a Good Conscience and that they draw up their verdict accordingly and delyver the same sealled by the hand of their Chancellor or president to the saids persones or their quorum whom they Heirby authorize and Commissionat to advyse the haill process and verdict of the Inquest uith the depositiones of the uitnesses And to Give and pronunce sentence Condemnator or absolvitor in the said matter according to Justice And in case the saids Judges shall find the pannalls guilty of the Cryme Laid to their charge with pouer to the saids Commissioners or their Quorum to decerne and adjudge the saids pannalls to be hanged or otherwayes execute uithin such space and after such manner as they shall think fitt And Generally uith full pouer to the saids 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 saids Lords of privie Councell And the saids Lords appoyntes the saids Commissioners or their said Quorum uithin the space of tuenty dayes after the pronuncing and executing of their sentence in this matter to Report to the Lords Commissioners of Justiciary or to the Clark of the Criminall Courte ane authentick extract under their hands of their said sentence and the manner of executing therof To the effect the same may be Recorded in the books of Justiciary which the Clark of the Criminall Courte Is heirby appoynted to record therin as he will be ansuerable Given at Edinburgh the tuenty first day of November Jaj vic nyntie three years sic subscribitur Tueeddall cancel: Southerland Linlithgow Annandall Forfar Tarbat Strathnaver Stair Raith Beilhaven William Master of Forbess

1. NRS, PC1/49, 174-7.

2. Entry actually refers to Alexander Miller, his spouse Agnes, son John, and a man named David Taylor.

3. The word ‘persones’ scored out here.

4. Sic.

1. NRS, PC1/49, 174-7.

2. Entry actually refers to Alexander Miller, his spouse Agnes, son John, and a man named David Taylor.

3. The word ‘persones’ scored out here.

4. Sic.