Commission by the Council, 26 May 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Tuenty Sixt day of Maij Jaj vjc nyntie tuo years

A1692/5/1731

Commission by the Council

Commission of Justiciary for tryeing Andrew and James Liddells for stealling of sheep

The Lords of there Majesties privie Councill being Informed that Andrew Liddell sometyme in Finnighaugh and James Liddell his sone are taken reed hand with sheep stollen by them off the Muires of Fintrie And that they are Imprisoned and Examined by the shirreff deput of Stirling shyre and Confessed the thift And Considering It will be a great daill of charges befor the Lords Commissioners of Justiciarie Besydes that severall Inconveniencies may arryse by there transportatione And the saids Lords Lykewayes Considering that the said thift Cannot be tryed and Judged by any persones in the Countrey without a warrand and Commissione from there Lordships for that effect and there 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 Comitting the Lyke crymes in tyme comeing They Doe hereby Give full power warrand and Commissione to John Wordie of Tarbrex shirreff deput of the shyre of Stirling John Dick Late proveist of Stirling John Callender of Craigforth William Livingstoun of Greenyairds and Mr Robert Murray of Livilands or any three of them who are hereby declared to be a Quorum The said Shirreff deput being alwayes on of the three, To take tryall of and to Judge and doe Justice upon the saids Andrew and James Liddells And In order thereunto To meet and Conveen at Stirling the First day of Junij next to come And there to accept of this present Comissione And upon there acceptance To administrate the oath of fidelity to the persone whom James Montgomery of Langshaw Clerk to the Justice court shall deput and substitute to be Clerk to this present Commission And If the said James Montogomerie shall neglect or delay to deput or substitute a Clerk as said is being requyred thereto with power to the saids Commissioners or 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 other2 members of the said Court And to Issue out and Cause raise precepts or Lybells of Indytement at the instance of John Mairtine wodsetter in Stirling procurator Fiscall for there majestyes interest in the said matter againest the saids sheep steallers for summonding and Citeing them and the assessory and witnesses in the ordinarie maner and under the usuall pains and Certificationes To Compear befor the saids Commmissioners hereby Commissionate or there said quorum at […] the […] day of […] with power also to them to amerciat and fyne the absent assysers and witnesses and the americaments and fynes to uplift for there oune use and behoof and And to adjourne themselves from tyme to tyme To the effect that the pannells 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 fitted on the assyse of the saids sheep steallers and out of that number to choise ane assyse of Fyftein And to administrat to them the ordinary oath in the usuall termes And with power also to the saids Commissioners or there said quorum to examine the witnesses to be Cited In presence of the saids pannalls and sworne Inqueist upon the points that shall be found relevant and admitted to probatione And therefter to remitt the said Lybell and interloquitor to be given by them anent the relevancie 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 Chancellour or president with a Clerk And after reading and peruseall of the said Indytement Interloquitor to be given therein and depositiones of the witnesses to be taken In presence of the saids pannalls and assyse To Find the Lybell proven againest the saids pannalls or to assoilzie them 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 Comissioners or there said quorum When the saids Lords 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 pannalls guilty of the Crymes Laid to there Charges With power to the saids Commissioners or there said quorum To Decerne and adjudge them to be hanged or otherwayes to be execute within such tyme and after such maner as they shall think fitt And generallie with power to the saids Commissioners or there said quorum to act doe and performe all and sundrie things whatsomever competent and Incumbent to be acted doune and performed by any Commissioners of Justiciarie hitherto Nominate and appointed be the saids Lords of privie Councill signed at Edinburgh the Tuentie sixt day of Maij Jaj vjc and nyntie tuo years Sic Subscribitur Tweeddale Cancel: Queensberrie Drumlangrig Linlithgow Lothian Forfar Breadalbane Stair John Lauder Archibald Murray

At Edinburgh 26 May 1692

A1692/5/1731

Commission by the Council

Commission of justiciary for trying Andrew and James Liddell for stealing sheep

The lords of their majesties’ privy council being informed that Andrew Liddell, sometime in Finnighaugh and James Liddell his son were taken red-handed with sheep stolen by them off the Muirs of Fintry and that they are imprisoned and examined by the sheriff depute of Stirlingshire and confessed to the theft, and considering it will be a great deal of charges before the lords commissioners of justiciary, and that several inconveniencies may arise by their transportation, and the said lords also considering that the said theft 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 wishing to have the said matter brought to a trial so that the guilty persons may receive appropriate punishment and others may be deterred from committing similar crimes in time coming, they hereby give full power, warrant and commission to John Wordie of Tarbrex, sheriff depute of the shire of Stirling, John Dick, former provost of Stirling, John Callander of Craigforth, William Livingston of Greenyards and Mr Robert Murray of Livilands or any three of them who are hereby declared to be a quorum, the said sheriff depute being always one of the three, to take trial of and judge and do justice upon the said Andrew and James Liddell, and in order thereunto to meet and convene at Stirling on 1 June next to come, and there to accept this present commission and upon their acceptance to administer the oath of fidelity to the person whom James Montgomery of Langshaw, clerk to the justice court, shall depute and substitute to be clerk to this present commission, and if the said James Montgomery shall neglect or delay to depute or substitute a clerk, being required thereto, with power to the said commissioners or their said quorum to choose their own clerk for whom they shall be answerable; with power also to the said persons hereby commissioned or their said quorum, to create, make and constitute serjeants, dempsters and other members of the said court and to issue out and raise precepts or libels of indictment at the instance of John Martin, wadsetter in Stirling, procurator fiscal for their majesties’ interest in the said matter, against the said sheep stealers for summoning and citing them and the jury and witnesses in the ordinary manner and under the usual pains and certifications, to appear before the said commmissioners hereby commissioned or their said quorum at […] the […] day of […] with power also to them to fine the absent jury members and witnesses and to uplift the fines for their own use and behoof, and to adjourn themselves from time to time to the effect that the accused being fully heard, the said commissioners or their said quorum may judge and determine the relevance of the libel and call an inquest of 45 persons who are to be put on the assize of the said sheep stealers and out of that number to choose a jury of 15, 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 accused and the sworn inquest upon the points that shall be found relevant and admitted to probation, and thereafter to remit the said libel and interlocutor to be given by them concerning the relevance thereof, and the depositions of the witnesses to be taken in manner foresaid to the knowledge of the said inquest and jury whom they appoint to elect a chancellor or president with a clerk, and after reading and perusal of the said indictment, interlocutor to be given therein and depositions of the witnesses to be taken in presence of the said accused and jury to find the libel proven against the said accused or to absolve them according to law and as they will be answerable to God and a good conscience that they draw up their verdict accordingly and deliver it sealed by the hand of their chancellor or president to the said commissioners or their said quorum when the said lords 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 to condemn or absolve in the said matter according to justice. And in case the said judges shall find the accused guilty of the crimes laid to their charges, with power to the said commissioners or their said quorum to discern and adjudge them to be hanged or otherwise to be executed within such time 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 and incumbent to be acted, done and performed by any commissioners of justiciary previously nominated and appointed by the said lords of privy council. Signed at Edinburgh 26 Maij 1692. Subscribed: Tweeddale Chancellor; Queensberry; Drumlanrig; Linlithgow; Lothian; Forfar; Breadalbane; Stair; John Lauder; Archibald Murray.

1. PC1/48, 226-8.

2. The word ‘officers’ scored out here.

1. PC1/48, 226-8.