Commission by the Council, 22 February 1694, Edinburgh

Act, 27 December 1694, Edinburgh

Att Edinburgh The Tuenty second day of February Jaj vic nyntie four years

A1694/2/371

Commission by the Council

Commissione of Justiciary for trying Janets Stevensons and Cairns

The Lords of their Majesties privie Councill Being Informed That Janet Thomsone and Janet Cairnes servitrixes to William Fisher in Killmarnock, who are presently prisoners in the tolbooth of Killmarnock as alleadged guilty of murdering a Chyld alleadged brought furth be the said Janet Thomsone And Considering that It will be a Great dale of charges and expences to bring the saids Janet Thomsone and Janet Cairnes to this place In ordor to a tryall before the Lords Commissioners of Justiciary Besyds the severall Inconvenencies that may aryse by their transportatione And the saids Lords Lykewayes Considering that this Cryme Cannot be Judged and tryed by any persones in the Country without 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 power warrand and Commissione to James Brisbane Baillie of Cunynghame John Hamilton his substitut William Muir of Roualland John Craufurd of Craufurdland Mr Alexander Craufurd of 2 Fergushill John Hamiltone of Grainge and Charles Dallrymple factor to the Earle of Killmarnock or any three of them who are heirby declared to be a quorum The saids William Muir of Roualland or John Craufurd of Craufurdlands being aluayes one of the said quorum to take tryall of And to Judge and doe Justice upon the said Janet Thomsone and Janet Cairnes presently prisoners in the said tolbooth for the said Cryme And In ordor therto To meet and Conveen at Killmarnock the Eight day of March nixt to Come And ther to acceptance of this present commissione and upon their acceptance to administrat the oath of fidelity to the persone whom James Muntgomery of Langshaw 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 with pouer to the saids Commissioners or their said Quorum to Choyse their oune Clark for whom they shall be ansuerable with pouer Lykewayes to the persones 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 3 precepts or Lybells of Indictment att the Instance of Mathew Adam officer to the Earle of Killmarnock procurator fiscall for his Majesties Intrest in the said matter Against the saids Janet Thomsone and Janet Cairnes for 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 Commissionat as said is or their said Quorum at Killmarnock the tuenty fourth day of March therafter the said month with full pouer also to them to amerciat and fyne the absent assysers and witnesses and the amerciaments and fynes to uplift for their oune use and behoofe and to 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 Inquiest of fourtie five persones who are to be Cited on the assysse of the saids persones and out of that number to choyse ane assyse of fifteen And to administrat to them the ordinary oath in the usuall termes And with pouer also to the saids Commissioners or their said Quorum to examine the witnesses Cited in presence of the saids pannells and suorn Inqueist upon the poynts that shall be admitted to probatione And therafter to remitt the said Lybell and Interloquitor to be Given be them anent the relevancy therof and the depositiones of the witnesses to be taken In manner forsaid To the knouledge of the said Inquiest and assyse whom they appoint to Elect a Chancelor or president with a Clark And after reading and perusing of the said Indictment Interloquitor to be pronunced theron and depositiones of the witnesses to be taken in presence of the saids pannells and assyse To find the Lybell proven against the saids pannells or to assoillzie them according to Law as they uill ansuer to God and a good conscience That they draw up the verdict accordingly and delyver the same sealled by the hand of their Chancelor or president to the saids persones or their Quorum whom they heirby authorize and Commissionat to advyse the haill process and verdict of the Inqueist with the depositiones of the witnesses 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 pannells guiltie of the Cryme Laid to their charge with pouer to the saids Commissioners or their said quorum To decerne and adjudge the saids pannells to be hanged or otherwise execute within such space and after such manner as they shall think fitt And Generally with 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 nominat and appointed by the saids Lords of privie Councill And the saids Lords appoints the saids Commissioners or their said quorum uithin the space of ane month after pronuncing and executing of their sentence In this matter To report to the Lords Commissioners of Justiciary or to the Clark of the Criminall Court 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 to the Criminall Court Is heirby requyred to record therin as he will be ansuerable Given att Edinburgh the tuenty tuo day of February Jaj vic nyntie four years sic subscribitur Tueeddale cancel: Melvill p. s Southerland Linlithgow Leven Forfar Kintoir Tarbat Raith Rossh Beilhaven F Muntgomery Robert Sinclar T: Livingstone

Att Edinburgh The Tuenty second day of February Jaj vic nyntie four years

A1694/2/371

Commission by the Council

Commissione of Justiciary for trying Janets Stevensons and Cairns

The Lords of their Majesties privie Councill Being Informed That Janet Thomsone and Janet Cairnes servitrixes to William Fisher in Killmarnock, who are presently prisoners in the tolbooth of Killmarnock as alleadged guilty of murdering a Chyld alleadged brought furth be the said Janet Thomsone And Considering that It will be a Great dale of charges and expences to bring the saids Janet Thomsone and Janet Cairnes to this place In ordor to a tryall before the Lords Commissioners of Justiciary Besyds the severall Inconvenencies that may aryse by their transportatione And the saids Lords Lykewayes Considering that this Cryme Cannot be Judged and tryed by any persones in the Country without 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 power warrand and Commissione to James Brisbane Baillie of Cunynghame John Hamilton his substitut William Muir of Roualland John Craufurd of Craufurdland Mr Alexander Craufurd of 2 Fergushill John Hamiltone of Grainge and Charles Dallrymple factor to the Earle of Killmarnock or any three of them who are heirby declared to be a quorum The saids William Muir of Roualland or John Craufurd of Craufurdlands being aluayes one of the said quorum to take tryall of And to Judge and doe Justice upon the said Janet Thomsone and Janet Cairnes presently prisoners in the said tolbooth for the said Cryme And In ordor therto To meet and Conveen at Killmarnock the Eight day of March nixt to Come And ther to acceptance of this present commissione and upon their acceptance to administrat the oath of fidelity to the persone whom James Muntgomery of Langshaw 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 with pouer to the saids Commissioners or their said Quorum to Choyse their oune Clark for whom they shall be ansuerable with pouer Lykewayes to the persones 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 3 precepts or Lybells of Indictment att the Instance of Mathew Adam officer to the Earle of Killmarnock procurator fiscall for his Majesties Intrest in the said matter Against the saids Janet Thomsone and Janet Cairnes for 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 Commissionat as said is or their said Quorum at Killmarnock the tuenty fourth day of March therafter the said month with full pouer also to them to amerciat and fyne the absent assysers and witnesses and the amerciaments and fynes to uplift for their oune use and behoofe and to 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 Inquiest of fourtie five persones who are to be Cited on the assysse of the saids persones and out of that number to choyse ane assyse of fifteen And to administrat to them the ordinary oath in the usuall termes And with pouer also to the saids Commissioners or their said Quorum to examine the witnesses Cited in presence of the saids pannells and suorn Inqueist upon the poynts that shall be admitted to probatione And therafter to remitt the said Lybell and Interloquitor to be Given be them anent the relevancy therof and the depositiones of the witnesses to be taken In manner forsaid To the knouledge of the said Inquiest and assyse whom they appoint to Elect a Chancelor or president with a Clark And after reading and perusing of the said Indictment Interloquitor to be pronunced theron and depositiones of the witnesses to be taken in presence of the saids pannells and assyse To find the Lybell proven against the saids pannells or to assoillzie them according to Law as they uill ansuer to God and a good conscience That they draw up the verdict accordingly and delyver the same sealled by the hand of their Chancelor or president to the saids persones or their Quorum whom they heirby authorize and Commissionat to advyse the haill process and verdict of the Inqueist with the depositiones of the witnesses 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 pannells guiltie of the Cryme Laid to their charge with pouer to the saids Commissioners or their said quorum To decerne and adjudge the saids pannells to be hanged or otherwise execute within such space and after such manner as they shall think fitt And Generally with 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 nominat and appointed by the saids Lords of privie Councill And the saids Lords appoints the saids Commissioners or their said quorum uithin the space of ane month after pronuncing and executing of their sentence In this matter To report to the Lords Commissioners of Justiciary or to the Clark of the Criminall Court 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 to the Criminall Court Is heirby requyred to record therin as he will be ansuerable Given att Edinburgh the tuenty tuo day of February Jaj vic nyntie four years sic subscribitur Tueeddale cancel: Melvill p. s Southerland Linlithgow Leven Forfar Kintoir Tarbat Raith Rossh Beilhaven F Muntgomery Robert Sinclar T: Livingstone

1. NRS, PC1/49, 269-71.

2. The word ‘Crafurdhill’ scored out here.

3. The phrase ‘Lybells or’ scored out here.

1. NRS, PC1/49, 269-71.

2. The word ‘Crafurdhill’ scored out here.

3. The phrase ‘Lybells or’ scored out here.