Warrant, 31 December 1695, Edinburgh

At Holyrudhouse the tuenty eight day of May one thousand sex Hundred nynty and fyve years

A1695/5/26

A1695/5/26¹

Commission by the Council

[Judicial commission Margaret Mckean for child murder]

His majesties high Commissioner and the Lords of his majesties privy Councill being informed That Margaret Mckean in Couperhill in the paroch of Keith is presently prisoner in the Tolbooth of Bamffe as alleadged guilty of murdering her owne Child brough furth by her in Apryl last and Considering That it will be a great daill of charges and expences to bring the said Margaret Mckean to this place in ordor to a tryall before the said Commissioners of Justitiary besyde the severall inconveniencies that may arrise by her transportatione and his Grace and their Lordships lykwise Considering That the Cryme cannot be tryed and judged by any persones in the Countrey without a warrand and Commissione from them for that effect and his Grace and their Lordships being desyreous to have the said matter brought to a trijall that the persone guiltie may receive condigne punishment and others may be deterred from Committing such Crymes in tyme comeing They doe hereby give full power warrand and Commissione To Nicolas Dumbar of Castlefeild shirriff Depute of the Shyre of Bamff Alexander Oglivie of Forglen Alexander Hay of Arnbath Master William Joass of Culenad and John Gordon Baillie of Bamff or any three of the foresaid persones whom his Grace and ther Lordships doe hereby declaire to be a sufficient quorum The said shirriff deput being alwayes one of the three To take tryall of and to Judge and doe justice upon the said Margaret Mckean present Prisoner in the said Tolbooth for the said Cryme and in ordor thereto To meet and conveen at Bamff the eleventh day of October next to come and there to accept of this present Comissione and upon ther accepting to administrate the oaths of fidelity to the persone quhom James Montgomerie of Langshaw Clerk to the Justice Court shall deput and substitut to be Clerk to this present Commissione and if the said James Montgomerie shall neglect or delay to deput or substitut a Clark as said is being requyred thereto with pouer to the said Commissioners or ther said quorum to choyse ther owne Clerk for quhom they shall be answereable With power lykewayes to the persons hereby Commissionat or ther said quorum To creat make and Constittut Serjants dempsters and other members of the said Court and To issue out and Cause raise precepts or lybells of indictment at the instance of […] procurator Fiscall of the shirriff Court of Bamff for his majesties interest in the said matter against the said Margaret Mckean for ceitting her and the assysers and witneses in the ordinary maner and under the usuall paines and certifications To compear before the said Commissioners hereby Commissionat or their said quorum at Bamff the […] day of […] with full power also to them to amerciat and fyne the absent assysers and witneses and the amerciaments and fynes to uplift for their owne use and behoove and to adjourne themselves from tyme to tyme To the effect that the Pannall being fully heared The said Commissioners or their said quorum may Judge and determine the Relevancie of the Lybell and to call ane inqueist of fourty fyve persones who are to be ceitted on the assyse of the said persone and out of that number to Choise ane assyse of fyfteen and to administrate to them the ordinary oath in the usuall tearmes and with power also to the said Commissioners or their said quorum to examine the witneses cited in presence of the said Pannall and sworen inqueist upon the poynts that shall be admitted to probatione And therafter to remitt the said Lybell and interloquitor to be given by them anent the Relevancie thereof and the depositiones of the witneses to be taken in manerforesaid to the knowledge of the said inqueist and assyse whom they appoynt to elect a Chancellor or president with a Clark and after reading and peruseing of the said indictment interloquitor to be pronounced theron and depositiones of the witneses to be taken in presence of the said pannall and assyse To find the lybell proven against the said Pannall or to assoilzie her according to Law as they will answere to God and a good Conscience That they draw up their verdict accordingly and delyver the same sealled by the hand of their Chancellor or President to the said persones or their quorum whom they hereby authorize and Commissionat to advyse the Haill proces and verdict of the inqueist with the depositiones of the witneses and to give and pronounce sentance Condemnator or absolvitor in the said matter according to Justice and in Case the said Judges shall find the said Pannall guilty of the Cryme laid to her Charge with power to the said Commissioners or their said quorum to decerne and adjudge the said pannall to be hanged or otherwayes execute within such space and after such maner as they shall think fitt And generally with full power to the said Commissioners or their said quorum to act doe and performe all and sundrie other things quhatsomever competent and incumbent to be acted, done and performed by any Commissioners of Justiciary ² hetherto nominat and appoyntment by his Grace and the said Lords of privie Councill and they appoynt the said Commissioners or their said quorum within the space of ane moneth after pronounceing and executing of the sentance in this matter To report to the Lords Commissioners of Justiciary or to the Clerk of the Criminal Court ane authentick extract under their Hands of ther said sentance and the maner of executeing thereof to the effect they same may be recorded in the books of Justiciary Which the Clerk to the Criminall Court is hereby requyred to record therein as He will be answerable Given at Halyrudehouse the tuenty eight day of may J^aj vj^c nynty and fyve years sic subscribitur Annandale p Melvill PS Argyle Erroll Southerland Mortoune Cassillis Linlithgow Lothian Forfar Kintore Breadalbane Yester