Commission by the Council, 29 December 1698, Edinburgh

Decreet, 29 December 1698, Edinburgh

Att Edinburgh The Twenty nynth day of December Jaj vjc nynty Eight years

A1698/12/301

Commission by the Council

Commission For Trying and Judging Elizabeth Bruce alleadged Guilty of murdering of her own child

The Lords of his majesties privy Councill Being Informed That Elizabeth Bruce Servitrix to John Leith in Cairnbrogie now prisoner in Aberdeen Tolbooth is alleadged guilty of murdering of her own Child. And Considering it will be a great deal of charges and Expenses To Bring the said Elizabeth Bruce to this place in order to a Tryall Before the Lords Commissioners of Justiciary Besides That severall Inconveniencies may arrise by her Transportation. And their Lordships Likeways Considering, That this horrid Crime Cannot be tried and Judged by any persons in the Countrey without a warrant and Commission from them for that Effect. And The saids Lords Being desyreous To have the said matter Brought to a Tryall, That the person guilty may Receave Condign punishment and others may be deterred from committing So horrid a Crime in tyme coming. They doe Heirby give full power warrand and Commission To Andrew Fraser of Kinmundie Sheriff deput of the shire of Aberdeen, Mr James Gray of Balgonnie, George Keith of Clackrich, George Paton of Grandholm Alexander Forbes of Ludquhairn and Andrew Logie of Loan head or any four of them, The said sheriff deput being always one of them to be a quorum, And The saids Commissioners or their said quorum being qualified by taking the oath of alledgance and Assurance, before they Enter upon the Execution of their office be vertue heirof, To take tryall off and to Judge and doe Justice upon the said Elizabeth Bruce for the said Crime of murder and in order thereto, To meet and Conveen at Aberdeen The Tenth day of January Jaj vic nynty and nyne years. And There to accept of this present Commission And upon their acceptance To Administrate the oath of fidelity To the person whom the Lord Justice-Clerk and James Montgomry of Langshaw clerk to the Justice-Court shall depute and substitute to be clerk to this Commission with power to the saids Commissioners or their said quorum, To Choice their own Clerk for whom they shall be answerable In caice That the said Lord Justice-Clerk and James Montgomry shall Refuse to nominate a Clerk in this matter they being first Required so to doe, With power Likeways to the saids persons heirby Commissionate or their said quorum, To Creat make and Constitute Serjants Dempsters and other members of the said Court and to Issue out and Cause Raise precepts or Libels of Indictment at the Instance of Alexander Lesly procurator fiscall to the sheriff Court of Aberdeen, To be procurator fiscall for his majesties Interest in the said matter against the said Elizabeth Bruce accused of murdering her own Child, for summonding and Citeing her upon fifteen days by delivering to her a full Coppie of the Lyble or Indictment with the names and designations of the Assisers and witnesses Subjoined and for Citeing the assisers and witnesses in the ordinary manner, and under the usual pains and Certifications To Compear before the saids Commissioners heirby Commissionate or their said quorum at […] With power also to them to amerciat and fine the Absent Assisers and witnesses and the amerciaments and fines to uplift for their own use and behoove And to Adjourn themselves from tyme to Tyme, till the Relevancy be discust, To the Effect that the pannell being fully heard The saids Commissioners or their said quorum may Judge and determine the said Relevancy of the Lyble and to Call ane Inqueist of Fourty five persones who are to be Cited on the assize of the said pannell, and a List of their names and designations given in to the said person accused with her Lyble as said is. And After the discussing the Relevancy of the said Lyble, In presence of the saids persons of Inqueist by pronunceing ane Interloquitor thereon out of that number to choice ane Assize of fifteen And to Administrate to them, The ordinary oath in the usual termes And with power also to the saids Commissioners or their said quorum To Examine the Witnesses to be cited in presence of the said pannell and Sworn Inqueist upon the points That shall be admitted to probation And Immediatly thereafter without any adjournment To Remitt the said Lyble and Interloquitor to be given by them anent the Relevancy thereof and the depositions of the witnesses to be taken in manner forsaid To the Knowledge of the said Inqueist and assize who without delay or going out of the Court are to be Inclosed by themselves. And are heirby appointed to Remain So Inclosed And none Suffered to be with them or to have access to them or any of themselves suffered to goe out untill they be agreed and Conclude their answer. And to Elect a Chancellor or president with a Clerk of their own number, And after Reading and peruseing of the said Indytement, Interloquitor to be pronunced thereon, and depositiones of the witnesses to be taken in presence of the said pannell and Assize They are to find the Lyble proven against the said pannell or not according to Law. as they will be answerable to God and a Good Conscience, And That they draw up the verdict accordingly Bearing what way Every assiser doth vote, and sealed by the hand of their Chancellor or president, To the saids Commissioners or their said quorum, whom they heirby authorize and Commissionat To advise the hail process and verdict of the Inqueist And to give and pronunce Sentence Condemnator or Absolvitor in the said matter, according to Justice And in caice the saids persons shall find the pannells guilty of the Crime Laid to her charge with power to the saids Commissioners or their said quorum To Decerne and Adjudge her to be hanged or otherways to be Execute To the death within such space and after such a manner, as they shall think fitt And Generally with power to the said Comissioners or their said quorum To act doe and perform all and sundry things whatsomever Competent and Incumbent to be acted done and performed by any Commissioners of Justiciary hitherto nominated and appointed by the saids Lords of privy Councill And The saids Lords appoints the saids Commissioners or their said Quorum within the space of a moneth after pronunceing and Executing of their sentence in this matter, To Report to the Lords Commissioners of Justiciary or to the Clerk of the Criminall Court ane authentick Extract under their hands, of their said process sentence and the manner of Executing thereof To the Effect the same may be Recorded in the Books of Justiciary which the Clerk to the Criminall Court is heirby Required to Record therein, as he will be answerable Given att Edinburgh The Twenty nynth day of December Jaj vic nynty Eight years. Sic subscribitur Marchmont Cancellar. Marr. Lothian. Loudown. Carmichaell. James Stewart. David Home. Francis Montgomry. Ludovick Grant. G Home.

Att Edinburgh The Twenty nynth day of December Jaj vjc nynty Eight years

A1698/12/301

Commission by the Council

Commission For Trying and Judging Elizabeth Bruce alleadged Guilty of murdering of her own child

The Lords of his majesties privy Councill Being Informed That Elizabeth Bruce Servitrix to John Leith in Cairnbrogie now prisoner in Aberdeen Tolbooth is alleadged guilty of murdering of her own Child. And Considering it will be a great deal of charges and Expenses To Bring the said Elizabeth Bruce to this place in order to a Tryall Before the Lords Commissioners of Justiciary Besides That severall Inconveniencies may arrise by her Transportation. And their Lordships Likeways Considering, That this horrid Crime Cannot be tried and Judged by any persons in the Countrey without a warrant and Commission from them for that Effect. And The saids Lords Being desyreous To have the said matter Brought to a Tryall, That the person guilty may Receave Condign punishment and others may be deterred from committing So horrid a Crime in tyme coming. They doe Heirby give full power warrand and Commission To Andrew Fraser of Kinmundie Sheriff deput of the shire of Aberdeen, Mr James Gray of Balgonnie, George Keith of Clackrich, George Paton of Grandholm Alexander Forbes of Ludquhairn and Andrew Logie of Loan head or any four of them, The said sheriff deput being always one of them to be a quorum, And The saids Commissioners or their said quorum being qualified by taking the oath of alledgance and Assurance, before they Enter upon the Execution of their office be vertue heirof, To take tryall off and to Judge and doe Justice upon the said Elizabeth Bruce for the said Crime of murder and in order thereto, To meet and Conveen at Aberdeen The Tenth day of January Jaj vic nynty and nyne years. And There to accept of this present Commission And upon their acceptance To Administrate the oath of fidelity To the person whom the Lord Justice-Clerk and James Montgomry of Langshaw clerk to the Justice-Court shall depute and substitute to be clerk to this Commission with power to the saids Commissioners or their said quorum, To Choice their own Clerk for whom they shall be answerable In caice That the said Lord Justice-Clerk and James Montgomry shall Refuse to nominate a Clerk in this matter they being first Required so to doe, With power Likeways to the saids persons heirby Commissionate or their said quorum, To Creat make and Constitute Serjants Dempsters and other members of the said Court and to Issue out and Cause Raise precepts or Libels of Indictment at the Instance of Alexander Lesly procurator fiscall to the sheriff Court of Aberdeen, To be procurator fiscall for his majesties Interest in the said matter against the said Elizabeth Bruce accused of murdering her own Child, for summonding and Citeing her upon fifteen days by delivering to her a full Coppie of the Lyble or Indictment with the names and designations of the Assisers and witnesses Subjoined and for Citeing the assisers and witnesses in the ordinary manner, and under the usual pains and Certifications To Compear before the saids Commissioners heirby Commissionate or their said quorum at […] With power also to them to amerciat and fine the Absent Assisers and witnesses and the amerciaments and fines to uplift for their own use and behoove And to Adjourn themselves from tyme to Tyme, till the Relevancy be discust, To the Effect that the pannell being fully heard The saids Commissioners or their said quorum may Judge and determine the said Relevancy of the Lyble and to Call ane Inqueist of Fourty five persones who are to be Cited on the assize of the said pannell, and a List of their names and designations given in to the said person accused with her Lyble as said is. And After the discussing the Relevancy of the said Lyble, In presence of the saids persons of Inqueist by pronunceing ane Interloquitor thereon out of that number to choice ane Assize of fifteen And to Administrate to them, The ordinary oath in the usual termes And with power also to the saids Commissioners or their said quorum To Examine the Witnesses to be cited in presence of the said pannell and Sworn Inqueist upon the points That shall be admitted to probation And Immediatly thereafter without any adjournment To Remitt the said Lyble and Interloquitor to be given by them anent the Relevancy thereof and the depositions of the witnesses to be taken in manner forsaid To the Knowledge of the said Inqueist and assize who without delay or going out of the Court are to be Inclosed by themselves. And are heirby appointed to Remain So Inclosed And none Suffered to be with them or to have access to them or any of themselves suffered to goe out untill they be agreed and Conclude their answer. And to Elect a Chancellor or president with a Clerk of their own number, And after Reading and peruseing of the said Indytement, Interloquitor to be pronunced thereon, and depositiones of the witnesses to be taken in presence of the said pannell and Assize They are to find the Lyble proven against the said pannell or not according to Law. as they will be answerable to God and a Good Conscience, And That they draw up the verdict accordingly Bearing what way Every assiser doth vote, and sealed by the hand of their Chancellor or president, To the saids Commissioners or their said quorum, whom they heirby authorize and Commissionat To advise the hail process and verdict of the Inqueist And to give and pronunce Sentence Condemnator or Absolvitor in the said matter, according to Justice And in caice the saids persons shall find the pannells guilty of the Crime Laid to her charge with power to the saids Commissioners or their said quorum To Decerne and Adjudge her to be hanged or otherways to be Execute To the death within such space and after such a manner, as they shall think fitt And Generally with power to the said Comissioners or their said quorum To act doe and perform all and sundry things whatsomever Competent and Incumbent to be acted done and performed by any Commissioners of Justiciary hitherto nominated and appointed by the saids Lords of privy Councill And The saids Lords appoints the saids Commissioners or their said Quorum within the space of a moneth after pronunceing and Executing of their sentence in this matter, To Report to the Lords Commissioners of Justiciary or to the Clerk of the Criminall Court ane authentick Extract under their hands, of their said process sentence and the manner of Executing thereof To the Effect the same may be Recorded in the Books of Justiciary which the Clerk to the Criminall Court is heirby Required to Record therein, as he will be answerable Given att Edinburgh The Twenty nynth day of December Jaj vic nynty Eight years. Sic subscribitur Marchmont Cancellar. Marr. Lothian. Loudown. Carmichaell. James Stewart. David Home. Francis Montgomry. Ludovick Grant. G Home.

1. NRS, PC1/51, 513-15.

1. NRS, PC1/51, 513-15.