Commission by the Council, 7 April 1698, Edinburgh

Decreet, 29 December 1698, Edinburgh

Att Edinburgh The seventh day of Aprile Jaj vjc nynty Eight years

A1698/4/91

Commission by the Council

Commission For Judging and trying of Robert Johnstoun all cadged guilty of Murdering his own Wife not Extracted

The Lords of his majesties privy Councill Being Informed That Robert Johnstoun son to Oliver Johnstoun in Suanie in the paroch of Birssie is alleadged guilty of murdering Margaret Johnstoun his own wife And Considering it will be a great Deal of charges and Expenses To Bring the said Robert Johnstoun To this place In order To a Tryall Before the Lords Commissioners of Justiciary besides that severall Inconveniencies may arise by his transportation And their Lordships Likewise 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 desireous To have the said matter brought to a Tryall That the persone guilty may receave condigne punishment and others may be deterred from Committing so horrid a cryme in tyme Coming. They Doe heirby Give full power warrant and Commission To William Meinzies of Raw writer to the Signet Stewart and Justiciar Deput of Orkney and Zetland Henry Graham of Braikness Elder James Baikie of Tankerness James Graham of Grahamshall Elder Robert Stewart of Newark David Traill of Beba and George Traill Late provost of Kirkwall or any Three of them to be a quorum The said Stewart and Justiciar Deput being always one of the Three 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 of and to Judge and doe Justice upon the said Robert Johnstoun for the said Crime of Murder and In order thereto to meet and Conveen att […] 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 Deput and substitute to be Clerk To this present 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 Commissionat or their said quorum To Create make and Constitute Serjants Dempsters and other members of the said court, And To Isue out and cause Raise precepts or Lybles of Indictment att the Instance of […] procurator Fiscall for his majesties Interest in the said matter against the said Robert Johnstoun accused for murder For summonding and citeing him upon Fifteen days by delivering to him a full Coppie of the Lyble or Indictment with the names and designationes of the assizers and Witnesses subjoined and For citeing the assizers and Witnesses in the ordinary manner and under the usual pains and Certifications To Compear before the saids Commissioners heirby Commissionat or their said quorum att […] With power also To them to amerciat and fine the absent assizers 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 pannel being fully heard The saids Commissioners or their said quorum may Judge and Determine the said Relevancy of the Lyble And to call ane Inquest of Fourty Five persons who are to be cited on the assize of the said pannell and a List of ther names and designationes given In to the said person accused with his Lyble as said is And after the discussing of the Relevancy of the said Lyble in presence of the said persons of Inqueist by pronunceing ane Interloquitor thereon out of that number to choice ane assize of Fifteen and to administrat to them The ordinary oath in the usual terms, And with power also to the saids Commissioners or ther said quorum To Examine The witnesses to be cited in presence of the said pannell and sworn Inquest upon the points That shall be admitted To pobatione And Immediatly therafter without any adjournment To Remitt the said Lyble and Interloquitor to be given by them anent the Relevancy therof And the depositiones of the Witnesses to be taken in manner forsaid to the Knowledge of the said Inquiest 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 perusing of the said Indictment Interloquitor to be pronunced therein 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 their verdict accordingly Bearing what way Every assizer doth vote and deliver the samen being First subscrived by the Chancellor and Clerk, and sealed by the hand of their Chancelor or President To the saids Commissioners or their said quorum Whom they heirby authorise 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 pannell guilty of the Cryme layed to his charge with power to the saids Commissioners or their said quorum To Decerne and adjudge him 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 saids Commissioners 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 said Commissioners or their said quorum within the space of […] 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 samen may be Recorded in the Books of Justiciar which the Clerk to The Criminall Court is heirby required to record therein as he will be answerable. Givin att Edinburgh The seventh day of Aprile Jaj vic nynty Eight years. Sic subscribitur Annandale P. Southerland, Ruglen Tarbat, Yester, Carmichaell, James Stewart Adam Cockburn Robert Sinclair.

Att Edinburgh The seventh day of Aprile Jaj vjc nynty Eight years

A1698/4/91

Commission by the Council

Commission For Judging and trying of Robert Johnstoun all cadged guilty of Murdering his own Wife not Extracted

The Lords of his majesties privy Councill Being Informed That Robert Johnstoun son to Oliver Johnstoun in Suanie in the paroch of Birssie is alleadged guilty of murdering Margaret Johnstoun his own wife And Considering it will be a great Deal of charges and Expenses To Bring the said Robert Johnstoun To this place In order To a Tryall Before the Lords Commissioners of Justiciary besides that severall Inconveniencies may arise by his transportation And their Lordships Likewise 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 desireous To have the said matter brought to a Tryall That the persone guilty may receave condigne punishment and others may be deterred from Committing so horrid a cryme in tyme Coming. They Doe heirby Give full power warrant and Commission To William Meinzies of Raw writer to the Signet Stewart and Justiciar Deput of Orkney and Zetland Henry Graham of Braikness Elder James Baikie of Tankerness James Graham of Grahamshall Elder Robert Stewart of Newark David Traill of Beba and George Traill Late provost of Kirkwall or any Three of them to be a quorum The said Stewart and Justiciar Deput being always one of the Three 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 of and to Judge and doe Justice upon the said Robert Johnstoun for the said Crime of Murder and In order thereto to meet and Conveen att […] 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 Deput and substitute to be Clerk To this present 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 Commissionat or their said quorum To Create make and Constitute Serjants Dempsters and other members of the said court, And To Isue out and cause Raise precepts or Lybles of Indictment att the Instance of […] procurator Fiscall for his majesties Interest in the said matter against the said Robert Johnstoun accused for murder For summonding and citeing him upon Fifteen days by delivering to him a full Coppie of the Lyble or Indictment with the names and designationes of the assizers and Witnesses subjoined and For citeing the assizers and Witnesses in the ordinary manner and under the usual pains and Certifications To Compear before the saids Commissioners heirby Commissionat or their said quorum att […] With power also To them to amerciat and fine the absent assizers 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 pannel being fully heard The saids Commissioners or their said quorum may Judge and Determine the said Relevancy of the Lyble And to call ane Inquest of Fourty Five persons who are to be cited on the assize of the said pannell and a List of ther names and designationes given In to the said person accused with his Lyble as said is And after the discussing of the Relevancy of the said Lyble in presence of the said persons of Inqueist by pronunceing ane Interloquitor thereon out of that number to choice ane assize of Fifteen and to administrat to them The ordinary oath in the usual terms, And with power also to the saids Commissioners or ther said quorum To Examine The witnesses to be cited in presence of the said pannell and sworn Inquest upon the points That shall be admitted To pobatione And Immediatly therafter without any adjournment To Remitt the said Lyble and Interloquitor to be given by them anent the Relevancy therof And the depositiones of the Witnesses to be taken in manner forsaid to the Knowledge of the said Inquiest 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 perusing of the said Indictment Interloquitor to be pronunced therein 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 their verdict accordingly Bearing what way Every assizer doth vote and deliver the samen being First subscrived by the Chancellor and Clerk, and sealed by the hand of their Chancelor or President To the saids Commissioners or their said quorum Whom they heirby authorise 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 pannell guilty of the Cryme layed to his charge with power to the saids Commissioners or their said quorum To Decerne and adjudge him 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 saids Commissioners 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 said Commissioners or their said quorum within the space of […] 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 samen may be Recorded in the Books of Justiciar which the Clerk to The Criminall Court is heirby required to record therein as he will be answerable. Givin att Edinburgh The seventh day of Aprile Jaj vic nynty Eight years. Sic subscribitur Annandale P. Southerland, Ruglen Tarbat, Yester, Carmichaell, James Stewart Adam Cockburn Robert Sinclair.

1. NRS, PC1/51, 413-5.

1. NRS, PC1/51, 413-5.