Warrant, 31 December 1695, Edinburgh

At Edinburgh tuesday 29th January 1695

A1695/1/50

A1695/1/50¹

Commission by the Council

Commissione for trying and Judgeing William Petrie

The Lords of his majesties privy Councill being informed That William Petrie ane vagabond Beggar is presently prisoner in the Tolbooth of Aberdeen as alleadged guilty of Murdering Margaret Craige relict of […] Andersone in Ladysfoord And Considering That it will be a great deall of Charges and expences to bring the said William Petrie to this place in ordor to a tryall before the Lords Commissioners of Justitiary Besyds the severall inconveniencies that may arrise by his transportatione and the said Lords Lykewayes considering That this Cryme cannot be tryed and judged by any persones in the Countrey without a warrand and Commissione from their Lordships for that effect And the said Lords being desyrous to have the said matter brought to a tryall 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 the Earle of Erroll shirriff principall of the Shyre of Aberdeen Andrew Frazer of Kilmundie shirriff Deput of the said shyre Sir John Forbes of Cragyvar James Gordon of Seatoune George Keith of Crachie and George Patone of Grandhame and Declairs any three of the Commissioners to be a sufficient quorum The shirriff deput being alwayes one of the three To take tryall of and to judge and doe Justice upon the said William Petrie presentlie prisoner in the said Tolbooth for the said Cryme And in ordor thereto To meett and Conveen at Aberdeen the tuentie second day of February next to come and there to accept of this present Commissione and upon their acceptance to administrat the oath of fedelitie to the persone whom James Montgomerie of Langshaw Clerk to the Justice Court shall depute and substitut to be Clerk to this present Commissione and if the said James Montgomerie Shall neglect or delay to deput and substitut a Clark as said is being requyred therto With power to the said Commissioners or their said quorum to choise their owne Clerk for whom they shal be answerable with power lykewayes to the persones hereby Commissionat or their said quorum To […] make and Constitut Serjants Dempsters or other members of the said Court and to issue out and cause raise precepts or lybells of indictment at the instance of Alexander Leslie procurator fiscall for his Majesties interest in the said matter against the said William Petrie for ceitting him and the assysors and witneses in the ordinary maner and under the usuall payns and certifications To Compear befor the said Commissioners hereby Commissionat or their said quorum at Aberdeen the […] day of […] therafter With full power also to them to amerciate and fyne the absent assysors and witneses and the amerciaments and fynes to uplift for their owne use and behove and to adjourne themselves from tyme to tyme to the effect that the pannell 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 fourtie fyve persons 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 administrat to them the ordinary oath in the usuall terms And with power also to the said Commissioners or their said quorum to examine the witneses ceitted in presence of the said pannell and sworn inqueist upon the poynts that shall be admitted to probatione And thereafter to remitt the said lybell and interloqutor to be given by them anent the relevancie thereof and the depositiones of the witneses to be taken in maner foresaid to the knowledge of the said inqueist and assyse whom they appoynt to elect a Chancellor or president with a Clerk And also reading and peruseing of the said indictment interloqutor to be pronounced thereon and the depositiones of the witneses to be taken in presence of the said pannell and assyse To find the Lybell proven against the said pannal or to assoilzie him according to Law as they will be answerable to God and a good Conscience That they draw up their verdict accordinglie and delyver the same sealled by the hand of their Chancellor or president to the said persons or their said quorum whom they hereby authorise 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 of absolvitor in the said matter according to Justice and in Caise the said Judges shall find the said pannalle guiltie of the Cryme layed to his 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 generallie with full power to the said Commissioners or their said quorum to act doe and performe all and sundrie other things competent and incumbent to be acted done and performed by any Comissioners of Justitiary hetherto nominated and appoynted by the said Lords of privie Councill And the said Lords Appoynts the said Commissioners or their said quorum within the space of tuentie dayes after pronounceing and executeing of their sentance in this matter To report to the Lords Commissioners of Justitiarie or to the Clerk of the Criminall Court ane authentick extract under their hands of the said sentance and the maner of executeing therof to the effect the same may be recorded in the books of Justitiary which the Clerk to the Criminall Court is hereby requyred to record therein as he will be answerable Given at Edinburgh the tuentie nynth day of January J^aj vj^c nynty and fyve years sic subscribitur Annandale P Melvill J Morton Cassillis Forfar Breadalbane Tarbatt Carmichaell T Burnet