Act, 27 December 1694, Edinburgh

At Edinburgh thursday 6th December 1694

A1694/12/14

A1694/12/14¹

Commission by the Council

Commissione of Justiciary for trying of Ogilvie and her husband of murder

The following Commissione being read wes approven and signed
The Lords of their majesties Privy Councill being informed That Margaret Ogilvie and Patrick Sim Her husband are prisoners in the Tolbooth of Tolbooth of² Bamff as alleadged guilty of murdering Alexander Gabriell, indweller in Bamff and considering that it will be a great deall of charges and expences to bring the said Margaret Oglivie and Patrick Sim to this place in ordor to a tryalle before the Lords Commissioners of Justitiary besyds That severall inconveniencies may arryse by their transportation and the said Lords Lykewayes considering That the said murder cannot be tryed and judged by any persons in the Countrey without warrand and commissione from the said Lords for that effect, In respect the said persones not being taken rid hand, the tyme allowed by law To inferior Judges for judgeing of the said Cryme is already elapsed since the alleadged committing of the said murder and the said Lords being desyrous to have the said matter brought to a tryall That the persones guilty may receive condigne punishment That others may be deterred from Committing such crymes in tyme comeing They doe hereby give full power warrand and Commissione To Sir Patrick Oglivie of Boyne Alexander Oglivie of Frogland William Dumbar of Durne Nicolas Dunbar of Castlefeild shirriff deput of Bamff and Alexander Hay of Ardinboath or any three of them who are Hereby declared to be quorum The said William Dumbar Shirriff Depute being alwayes one of the three To take tryall of, judge and doe justice upon the said murders presently prisoners in the said Tolbooth for the said cryme And in ordor thereunto To meet and conveen at Bamff the tuentie eight day December instant and There to accept of this present Commissione and upon their acceptance to administrat the oath of fidelity to the persone whom James Montgomrie of Langshaw Clerk to the Criminall Court shall depute and substitute to be Clerk to this present Commissione and if the said James Montgomrie of Langshaw shall neglect or delay to depute or substitute a Clark as said is (being requyred thereto) With power to the said Commissioners or their said quorum to choise their owne Clark for whom they shall be answerable With power lykeas To the persones Hereby Commissionat 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 lybells of indytment at the instance of […] procurator fiscalle for his Majesties interest in the said matter against the said murderers for ceitting them and the assysers and witnesses in the ordinary manner and under the usuall pains and certificationes To Compear before the said Commissioners Hereby Commissionate With full power to them To amerciate and fyne the absent assysers and witnesses and the amerciaments to uplift for their owne use and behove and to adjourn themselves from tyme to tyme to the effect That the pannells being fully heared The said Comissioners 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 persons and out of that 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 their said quorum To examine the witneses ceitted in presence of the said pannells and sworn 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 maner foresaid to the knowledge of the said inqueist and assyse Whom they appoynt to elect a Chanceller or president with a Clark and after the peruseing of the said indytement interloquitor to be pronounced thereon and depositiones of the witneses to be taken in presence of the said pannells and assyse To find the lybell proven against the saids pannells or to assoilzie them according to Law as they will be answerable to God and a Good Conscience and that they draw up their verdict accordinglie and delyver the same sealled by the hands of the Chancellor or president to the said persones or their quorum whom they Hereby authorize and Commissionate To advyse the Haill proceses and verdict of the inqueist and to give and pronounce sentance condemnator or absolvitor in the said matter according to Justice and after pronounceing of the sentance in this matter if the same be condemnator before executeing thereof To returne the same to the said Lords of their Majesties privy Councille to the effect they may give their ordor theranent and in case they shall appoynt the sentance to he put in executione Then appoynts 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 hereto nominat and appoynted by the said Lords of privy Councille 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 Justiciary or the Clerk of the Criminall Court ane authentick extract 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 Justitiary which the Clerk to the Criminall Court is Hereby requyred to record therein as He would be answerable Given at Edinburgh the sexth day of December J^aj vj^c nynty and four years Annandale P Sutherland Morton Cassillis Lothian Forfar Breadalbane James Stueart Robert Sinclair John Maxuell