Att Edinburgh the Tuentie Fyfth Day of Februarij Jaj vjc Nyntie tuo years
A1692/2/117
A1692/2/117
Commission by the Council
Commission for tryeing Jonathan Grant Guilty of Murder
The Lords of there Majestyes privie Counsell being Informed that Jonathan Grant prisoner in the tolbooth of Aberdein who wes Apprehended and Imprisoned by Colonell Buchan at Aberdein as alleadged guilty of the murder of […] serjeant to Major Pattone who wes lately murdered in the Cairne of Month and Considering that it will be a great daill of charges and expenses to bring the said Jonathan to this place In order to a tryall befor the Lords Comissioners of Justiciarie besydes that severall Inconveniencies may aryse by his transportatione And the saids Lords lykewayes considering that the said Jonathan cannot be tryed and judged by any persones in the countrey without ane warrand and Commissione from there Lordships for that effect And ther Lordships being desyrous to have the said matter brought to a tryall that the said Jonathan If guilty may receive Condigne punishment and others may be deterred from Comitting the Lyke crymes in tyme comeing They doe hereby give full power warrand and Commissione to […] or any tuo of them to take tryall of and to Judge and doe Justice upon the said Jonathan Grant And in order thereunto to meet and conveen att […] the […] day of […] and there to accept of this present Comissione and upon there acceptance to administrat the oath of fidelity to the persone whom James Montgomerie of Longshaw Clerk to the Justice court shall deput and substitute to be Clerk to the present Commissione And If the said James Montgomerie shall neglect or delay to deput and substitute a Clerk as said is being requyred thereto With power to the saids Comissioners there said quorum to Choise there oune Clerk For whom they shall be ansuerable With power lykewayes to the saids persones hereby Commissionat or there said quorum to Creat Make and Constitute Serjeants dempsters and other members of court And to Issue out and cause raise precepts or Lybells of Indytement at the instance of […] procurator fiscall for his majestyes interest in the said matter againest the said Jonathan Grant for Summonding and Citeing him and the assysers and witnesses in the ordinarie maner and under the usuall paines and Certificiations To Compear befor the saids Commissioners hereby Commissionatt or there said quorum att […] the […] day of […] with power also to them to amerciat and fyne the absent assysers and witnesses and the amerciaments and fynes to uplift for there oune use and behooff And to adjourne themselves from tyme to tyme to the effect that the pannell being fully heard The saids Commissioners or there said quorum May Judge and determine the relevancie of the Lybell And to Call ane Inquest of Fourty fyve persones who are to be Cited on the assyse of the said Jonathan Grant And out of that Number to choise ane assyse of Fyftein And to administrat to them the ordinarie oath in the usuall termes And with power also to the saids Comissioners or there said quorum To examine the witnesses to be Cited in presence of the said pannell and sworne Inqueist upon the points that shall be admitted to probatione And thereafter to remitt the said Lybell and Interloquitor to be given be them anent the relevancy thereof and the depositiones of the witnesses to be taken in maner forsaid to the knowledge of the said Inqueist and assyse whom they appoint to elect a Chancellor or president with a Clerk and efter reading and perusall of the said Indytement Interloquitor to be pronunced thereon and depositiones of the witnesses to be taken in presence of the said pannell and assyse To Find the Lybell proven againest the said pannell, or to assoilzie him According to Law And as they will be ansuerable to God and a Good conscience That they draw up there verdict accordingly and delyver the samen sealled by the hand of there Chancellour or president to the saids persones or there said quorum whom they hereby authorize and Commissionat to advyse the haill process and verdict of the Inquest 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 pannell guiltie of the Crymes Laid to his charge, With power to the saids Commissioners or there said quorum to decerne and adjudge him to be hanged otherwayes to be execute within such space and after such maner as they shall think fitt And generallie with power to the saids Comissioners or there said quorum to act doe and performe all and sundrie things whatsomever Competent or Incumbent to be acted done and perfomed by any Comissioners of Justiciarie hitherto Nominate and appoynted by the saids Lords of privie Counsell sic subscribitur Tweeddale Cancel: Douglas Crafurd Mortoun Leven Raith Ruthven Polwarth Balfour Ludowick Grant. Robert Sinclair.
At Edinburgh 25 February 1692
A1692/2/117
Commission by the Council
Commission for trying Jonathan Grant guilty of murder
The lords of their majesties’ privy council being informed that Jonathan Grant prisoner in the tolbooth of Aberdeen, who was apprehended and imprisoned by Colonel Buchan at Aberdeen as alleged guilty of the murder of […] serjeant to Major Patton who was lately murdered in the Cairn o’ Mont, and considering that it will be a great deal of charges and expenses to bring the said Jonathan to this place in order to a trial before the lords commissioners of justiciary, besides that several inconveniencies may arise by his transportation, and the said lords likewise considering that the said Jonathan cannot be tried and judged by any persons in the country without a warrant and commission from their lordships for that effect, and their lordships being desirous to have the said matter brought to a trial that the said Jonathan if guilty may receive condign punishment and others may be deterred from committing the like crimes in time coming, they do hereby give full power, warrant and commission to […] or any two of them to take trial of and to judge and do justice upon the said Jonathan Grant. And in order thereunto to meet and convene at […] the […] day of […] and there to accept of this present commission and upon their acceptance, to administrate the oath of fidelity to the person whom James Montgomerie of Longshaw, clerk to the justice court shall depute and substitute to be clerk to the present commission. And if the said James Montgomerie shall neglect or delay to depute and substitute a clerk as said is, being required thereto, with power to the said commissioners their said quorum to choose their own clerk for whom they shall be answerable. With power likewise to the said persons hereby commissioned or their said quorum to create, make, and constitute serjeants, dempsters, and other members of court, and to Issue out and cause raise precepts or libels of indictment at the instance of […] procurator fiscal for their majesties’ interest in the said matter against the said Jonathan Grant, for summoning and citing him and the assizers and witnesses in the ordinary manner and under the usual pains and certifications to compear before the said commissioners hereby commissioned or their said quorum at […] the […] day of […], 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 to the effect that the pannel being fully heard the said commissioners or their said quorum may judge and determine the relevancy of the libel. And to call an inquest of forty-five persons who are to be cited on the assize of the said Jonathan Grant, and out of that number to choose an assize of fifteen, and to administrate 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 panel and sworn inquest upon the points that shall be admitted to probation, and thereafter to remit the said libel and interlocutor to be given by them anent the relevancy thereof, and the depositions of the witnesses to be taken in manner foresaid to the knowledge of the said inquest and assize whom they appoint to elect a chancellor or president with a clerk and after reading and perusal of the said indictment, interlocutor to be pronounced thereon and depositions of the witnesses to be taken in presence of the said panel and assize. To find the libel proven against the said panel, or to assoil him according to law and as they will be answerable to God and a good conscience. That they draw up their verdict accordingly and deliver the same sealed by the hand of their chancellor or president to the said persons or their said quorum whom they hereby authorise and commission to advise the whole process and verdict of the inquest with the depositions of the witnesses. And to give and pronounce sentence condemnatory or absolvitory in the said matter according to justice. And in case the said judges shall find the panel guilty of the crimes laid to his charge, with power to the said commissioners or their said quorum to discern and adjudge him to be hanged [or] otherwise to be executed within such space and after such manner as they shall think fit. And generally with power to the said commissioners or their said quorum to act, do, and perform all and sundry things whatsoever competent or incumbent to be acted, done, and performed by any commissioners of justiciary hitherto nominated and appointed by the said lords of privy council. sic subscribitur [John Hay, earl of Tweeddale] chancellor, [James Douglas] marquis of Douglas, [William Lindsay] earl of Crawford, [James Douglas] earl of Morton, [David Leslie] earl of Leven, [Alexander Melville, Lord] Raith, [David, Lord] Ruthven, [Sir Patrick Hume, Lord] Polwarth, [Robert] Balfour, Ludovick Grant, Robert Sinclair.
