Commission by the Council, 5 September 1704, Edinburgh

Procedure, 19 December 1704, Edinburgh

Att Edinburgh the fyfth day of September Jaj vijc and four years

A1704/9/111

Commission by the Council

Commission for Judgeing and trying of John Roy, Elspeth Tulloch and Jannet Dallas for murdering Children

The Lords of her Majesties privie Councill Being informed That John Roy maltman in Nairn, Elspeth Tulloch his servitrix and Jannet Dallas servitrix to John Sinclair in Tumnacroich present prisoners in the Tolbooth of Nairn are alleadged guilty of the horrid cryme of murdering their own Children And considering it will be a great deall of Charges and Expensses to bring the saids John Roy, Elspeth Tulloch and Jannet Dallas to this place in order to a tryall before the Lords Commissioners of Justiciary beside that severall inconveniencies may aryse by their Transportation And the saids Lords Lykewayes Considering That this horrid cryme cannot be tryed and judged by any persons in the Country without a warrand and Commission from their Lordships for that effect, And the saids Lords being desireous to have the said matter brought to a tryall That the persons guilty may receave Condigne punishment and others may be detterred from Committing so horrid a Cryme in tyme Comeing They Doe heirby Give Full power Warrand and Commission To the sherriff principall of Nairn or his Deputs, Heugh Ross of Kilraak, John Forbes of Culloden […] Sutherland of Kirstirie […] Broddy of Aslisk, Heugh Ross of Clava, Alexander Dumbar of Beash, Heugh Ross of Breadlie. And Declaires any three of the saids persons to be a sufficient Quorum, The sherriff principall or Sherrif Depute being allwayes one. To take tryall of and to Judge and doe Justice upon the saids John Roy, Elspeth Tulloch and James Dallas for the said Crime of murdering their oun Children And in order therto, To meet and Conveen att […] the Thrid day of October nixt to Come And there to accept of this present Commission, and upon their acceptance to administrat the oath of fidelity to the persons whom the Lord Justice Clerk or James Montgomery of Langshaw Clerk to the Justice Court as Deput to the said Lord Justice Clerk, Shall nominat Depute and substitute to be Clerk to this present Commission. With power to the saids Commissioners or their said Quorum to Choyse there oun Clerk (for whom they shall be answerable) In case the said Lord Justice Clerk and James Montgomerie shall refuise to Nominat a Clerk in this matter They being first required soe to doe. With power Lykewayes to the saids persons heirby Commissionat or their said Quorum To Creat make and Constitute Serjants Dempsters and other members of the said Court, And to ishue out and raise precepts or lybells of Indictments at the instance of […] Procurator Fiscall for her Majesties Interest in the said matter against the saids John Roy, Elspeth Tulloch, and Jannet Dallas accused for murdering their oun Children, for summonding and citeing of them upon fyfteen dayes By delyvering to them ane full Coppie of the Lybell of the Indictment, With the names and designationes of the Assyssers and witnesses subjoyned and for citeing the assyssers and witnesses in the ordinary manner, And under the pains and Certifications To Compear before the saids Commissioners heirby Commissionat or their said Quorum att […] With power also to them to amerciat and fyne to uplift for their oun use and behoove, And to adjourn themselves from time to time till the relivance be discussed. To the effect that the pannalls being fully heard. The saids Commissioners or their said Quorum may Judge and determine the said relivancie of the Lybell. And to call ane Inqueist of fourty five persons Who are to be cited on the assyze of the saids pannals, and a list of their names and Designationes given into the saids persons accused with ther Lybells as said is And after discussing of the relivancie of the said Lybell in presence of the saids persons of Inqueist by pronunceing Interloquitor thereon, Out of that number to Choyse ane assyze of Fyfteen And to administrat to them the ordinary oath in the usuall termes. And with power also to the saids Commissioners and sworn Inqueist upon the points that shall be admitted to probation And immediatly thereafter without any Adjournment To remitt the said Lybell and Interloquitor to be given by them anent the relivancie therof and the Depositiones of the witnesses to be taken in manner forsaid To the knowledge of the said Inquest and assyze Who without delay or goeing out of the Court are to be inclosed by them selves. And are appointed to remaine so inclosed and non suffered to be with them or to have access to them or any of themselves suffered to goe out untill they be aggreed and conclude their answer; And to Elect a Chancellor or President with a Clerk of their oun number, And after reading thereon, and Depositiones of the witnesses to be taken in presence of the saids pannells or not, according to the Law as they will be answerable to God and a good Conscience. And that they draw up the verdict accordingly. Bearing what way every assysser doeth vote, and Delyver the samen being first subscryved by the Chancellor or president, To the saids Commissioners or their said quorum Whom they heirby Authorize and Commissionat to advise the haill proces and verdict of the Inqueist, And give and pronunce, Sentance Condemnator or absolvitor, in the said matter, According to Justice And in case the saids persons Shall find the saids pannals guilty of the Crimes laid to their Charge With power to the Saids Commissioners or their said Quorum To Decerne and Adjudge them to be Execute to death within such space and after such a manner as they Shall think fitt, And Appoints the saids Commissioners their said Quorum or Clerk, To transmitt the haill proces which shall be led before them against the saids John Roy, Elspeth Tulloch, and Jannet Dallas, And the seaverall steps therof and Verdict of the Inqueist to be given therupon to the saids Lords of her Majesties privie Councill Betuixt and the first day of January nixt to come, To be considered by them. And Discharges the saids Commissioners or their said Quorum To suffer the sentance which shall be pronunced by them against the saids pannals to be put to Execution or to Appoint or affix a day for Executing thereof without speciall order or warrand had and obtained from the saids Lords of privie Councill for that effect And Generallie with power to the saids Commissioners or their said Quorum To act doe and performe All and Sundrie other things whatsomever Compitent and incumbent to be acted done and performed by any Commissioners of Justiciary hitherto Nominated and Appointed by the saids Lords of privie Councill, And the saids Lords Appoints the said Commissioners or their said Quorum within the space of a moneth after pronunceing and Executing their Sentance in this matter. To report to the Lords Commissioners of Justiciary or to the Clerk of the Councill Court ane authentick Extract under their hands of the said proces, 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 Att Edinburgh the fyfth day of September Jaj vijc and four years. Sic Subscribitur Seafield cancellar Sutherland, Mar, Buchan, Eglingtoune, Loudoun, Kintore Dunmore Hyndfoord, W Anstruther, W Morisone, W Cuninghame.

Att Edinburgh the fyfth day of September Jaj vijc and four years

A1704/9/111

Commission by the Council

Commission for Judgeing and trying of John Roy, Elspeth Tulloch and Jannet Dallas for murdering Children

The Lords of her Majesties privie Councill Being informed That John Roy maltman in Nairn, Elspeth Tulloch his servitrix and Jannet Dallas servitrix to John Sinclair in Tumnacroich present prisoners in the Tolbooth of Nairn are alleadged guilty of the horrid cryme of murdering their own Children And considering it will be a great deall of Charges and Expensses to bring the saids John Roy, Elspeth Tulloch and Jannet Dallas to this place in order to a tryall before the Lords Commissioners of Justiciary beside that severall inconveniencies may aryse by their Transportation And the saids Lords Lykewayes Considering That this horrid cryme cannot be tryed and judged by any persons in the Country without a warrand and Commission from their Lordships for that effect, And the saids Lords being desireous to have the said matter brought to a tryall That the persons guilty may receave Condigne punishment and others may be detterred from Committing so horrid a Cryme in tyme Comeing They Doe heirby Give Full power Warrand and Commission To the sherriff principall of Nairn or his Deputs, Heugh Ross of Kilraak, John Forbes of Culloden […] Sutherland of Kirstirie […] Broddy of Aslisk, Heugh Ross of Clava, Alexander Dumbar of Beash, Heugh Ross of Breadlie. And Declaires any three of the saids persons to be a sufficient Quorum, The sherriff principall or Sherrif Depute being allwayes one. To take tryall of and to Judge and doe Justice upon the saids John Roy, Elspeth Tulloch and James Dallas for the said Crime of murdering their oun Children And in order therto, To meet and Conveen att […] the Thrid day of October nixt to Come And there to accept of this present Commission, and upon their acceptance to administrat the oath of fidelity to the persons whom the Lord Justice Clerk or James Montgomery of Langshaw Clerk to the Justice Court as Deput to the said Lord Justice Clerk, Shall nominat Depute and substitute to be Clerk to this present Commission. With power to the saids Commissioners or their said Quorum to Choyse there oun Clerk (for whom they shall be answerable) In case the said Lord Justice Clerk and James Montgomerie shall refuise to Nominat a Clerk in this matter They being first required soe to doe. With power Lykewayes to the saids persons heirby Commissionat or their said Quorum To Creat make and Constitute Serjants Dempsters and other members of the said Court, And to ishue out and raise precepts or lybells of Indictments at the instance of […] Procurator Fiscall for her Majesties Interest in the said matter against the saids John Roy, Elspeth Tulloch, and Jannet Dallas accused for murdering their oun Children, for summonding and citeing of them upon fyfteen dayes By delyvering to them ane full Coppie of the Lybell of the Indictment, With the names and designationes of the Assyssers and witnesses subjoyned and for citeing the assyssers and witnesses in the ordinary manner, And under the pains and Certifications To Compear before the saids Commissioners heirby Commissionat or their said Quorum att […] With power also to them to amerciat and fyne to uplift for their oun use and behoove, And to adjourn themselves from time to time till the relivance be discussed. To the effect that the pannalls being fully heard. The saids Commissioners or their said Quorum may Judge and determine the said relivancie of the Lybell. And to call ane Inqueist of fourty five persons Who are to be cited on the assyze of the saids pannals, and a list of their names and Designationes given into the saids persons accused with ther Lybells as said is And after discussing of the relivancie of the said Lybell in presence of the saids persons of Inqueist by pronunceing Interloquitor thereon, Out of that number to Choyse ane assyze of Fyfteen And to administrat to them the ordinary oath in the usuall termes. And with power also to the saids Commissioners and sworn Inqueist upon the points that shall be admitted to probation And immediatly thereafter without any Adjournment To remitt the said Lybell and Interloquitor to be given by them anent the relivancie therof and the Depositiones of the witnesses to be taken in manner forsaid To the knowledge of the said Inquest and assyze Who without delay or goeing out of the Court are to be inclosed by them selves. And are appointed to remaine so inclosed and non suffered to be with them or to have access to them or any of themselves suffered to goe out untill they be aggreed and conclude their answer; And to Elect a Chancellor or President with a Clerk of their oun number, And after reading thereon, and Depositiones of the witnesses to be taken in presence of the saids pannells or not, according to the Law as they will be answerable to God and a good Conscience. And that they draw up the verdict accordingly. Bearing what way every assysser doeth vote, and Delyver the samen being first subscryved by the Chancellor or president, To the saids Commissioners or their said quorum Whom they heirby Authorize and Commissionat to advise the haill proces and verdict of the Inqueist, And give and pronunce, Sentance Condemnator or absolvitor, in the said matter, According to Justice And in case the saids persons Shall find the saids pannals guilty of the Crimes laid to their Charge With power to the Saids Commissioners or their said Quorum To Decerne and Adjudge them to be Execute to death within such space and after such a manner as they Shall think fitt, And Appoints the saids Commissioners their said Quorum or Clerk, To transmitt the haill proces which shall be led before them against the saids John Roy, Elspeth Tulloch, and Jannet Dallas, And the seaverall steps therof and Verdict of the Inqueist to be given therupon to the saids Lords of her Majesties privie Councill Betuixt and the first day of January nixt to come, To be considered by them. And Discharges the saids Commissioners or their said Quorum To suffer the sentance which shall be pronunced by them against the saids pannals to be put to Execution or to Appoint or affix a day for Executing thereof without speciall order or warrand had and obtained from the saids Lords of privie Councill for that effect And Generallie with power to the saids Commissioners or their said Quorum To act doe and performe All and Sundrie other things whatsomever Compitent and incumbent to be acted done and performed by any Commissioners of Justiciary hitherto Nominated and Appointed by the saids Lords of privie Councill, And the saids Lords Appoints the said Commissioners or their said Quorum within the space of a moneth after pronunceing and Executing their Sentance in this matter. To report to the Lords Commissioners of Justiciary or to the Clerk of the Councill Court ane authentick Extract under their hands of the said proces, 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 Att Edinburgh the fyfth day of September Jaj vijc and four years. Sic Subscribitur Seafield cancellar Sutherland, Mar, Buchan, Eglingtoune, Loudoun, Kintore Dunmore Hyndfoord, W Anstruther, W Morisone, W Cuninghame.

1. NRS, PC1/53, 276-9.

1. NRS, PC1/53, 276-9.