Warrant, 31 December 1695, Edinburgh

At Edinburgh the fyfth day of December J^aj vj^c nyntie and fyve years

A1695/12/6

A1695/12/6¹

Commission by the Council

Commissione for trying Bessie Scott

The Lords of his Majesties privy Councill being informed that Bessie Scott daughter to James Scot Coaler in Carterhaugh servitrix to Thomas Andersone in Howfoord is presently prisoner in the Tolbooth of Selkirk as alleadged guilty of murdering her murdering her² owne Child in the moneth of August or September Last And considering it will be a great daill of Charges and expences to bring the said Bessie Scot to this place in ordor to a tryall before the Lords Commissioners of Justiciary besydes the severall inconveniencies that may arryse by her transportatione And the said Lords Lykewayes considering that the said cryme cannot be judged or tryed 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 guilty may receive condigne punishment and others may be deterred from committing such ane unnaturall Cryme in tyme Comeing They doe Hereby give full power warrand and Commissione to James Pringle of Torwoodlie James Scot of Galla John Scott of Woolle John Scot of Gilmescleugh younger Francis Scot of […] Michaell Andersone of Tushilaw and James Mitchellhill present Baillie of Selkirk or any three of the said persons with Master John Murray Advocat Shirrif deput of Selkirk whom the said Lords doe hereby declare to be a Sufficient quorum to take tryall of and judge and doe justice upon the said Bessie Scot Prisoner in the said Tolbooth for the said horride cryme And in ordor thereto To meet and Conveen at Selkirk the tuenty one day of January next to Come and then to accept of this Commissione and upon their acceptance to administut the oaths of fidelity to the persone whome the Justice Clerk and James Montgomrie of Langshaw Clerk to the justice Court shall depute and substitut to be Clerk to this present Commission and if the said James Montgomerie shall neglect or delay to depute or substitute a Clerk as said is being requyred thereto With full power to the said Commissioners or ther said quorum to Choise their oune Clerk for whom they shall be answerable With full power lykewayes to the persones Hereby Commissionat or their said quorum to Create make and Constitut Serjants Dempsters and other members of the said Court and to issue out and raise precepts or lybells of indictment at the instance of Alexander Young procurator fiscall to the Shirriff Court of Selkirk procurator Fiscall for his majesties interest in the said matter against the said Bessie Scott for ceitting her the assesers and witneses in the ordinary maner and under the usuall pains and certificationes To compear before the said Commissioners or ther said quorum at Selkirk the eighteen day of February therefter With power also to them to amerciat and fyne the absent assesers and witneses and the amerciaments and fynenes 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 ther 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 the said number to choise ane assyse of fyfteen and to administrat to them the ordinary oath in the usuall termes. and with power also to the said Commissioners or ther said quorum to examine the witneses in presence of the pannall and sworne 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 therof and the depositiones of the witneses to be taken in maner foresaid to the knowledge of the said inquest and assyse whom they appoynt to elect a Chanceller or precident with a Clark and after reading and peruseing of the said indictment interloquitor to be pronounced theron and depositions 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 be answerable to God and a good Conscience That they draw up ther verdict accordingly and delyver the same sealled by the Hand of ther Chancellor or president to the said persones or ther said quorum whom they Hereby Authorize and Commissionate to advyse the haill proces and verdict of the inqueist with the depositions of the witneses and to give and pronounce sentance Condemnitor or absolvitor in the said matter according to justice and in case the said judges shall find the said pannall guilty of the said cryme Laid to her charge With power to the said Commissioners or their said quorum to act doe and performe all and sundrie things whatsomever Competent and incumbent to be acted done and performed by any Commissioners of justiciary hetherto nominated by the said Lords of privy Councill. And they appoynt the said Commissioners or their said quorum within the space of ane moneth after pronounceing and executeing their sentance in this matter To report to the Lords Commissioners of Justiciary or to the Clerk of the Criminall Court ane authentick coppie under their Hands of their said sentance and the manner of executeing thereof To the effect the 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 Edinburgh the fyfth day of December J^aj vj^c nynty and fyve years sic subscribitur Tweeddale Cancel Southerland Forfar Tarbat Carmichaell J Stueart Adam Cockburne Archibald Murray Robert Sinclair Robert Cheisley