Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh The seventh day of July J^aj vj^c nyntie Eight years

A1696/7/12

A1696/7/12¹

Commission by the Council

Commission for Judging James Mcharg of Bestiality

The Lords of his Majesties privie Councill Being Informed that James McHarg in Moss of Cree who is prisoner in the tolbooth is alleadged guiltie of the horrid and unnaturall Crime of bestiality And Considering that it will be a Great deall of charges and expences to bring the said John McHarg to this place In order to a tryall before the Lords Commissioners of Justiciary Besyds that severall Inconveniencies may arrise by his transportation And the saids Lords Lykeuise Considering that this horrid Cryme Cannot be tryed and Judged by any persons in the Countrey without a warrand and Commission from their Lordships for that effect And their Lordships being desyrous to have the said Crime brought to a tryall That the person Guiltie may receave Condign punishment and others may be deterred from Committing so horrid and unnaturall a Crime In tyme coming They doe heirby Give Full pouer warrand and Commission to James Agnew Fiar of Lochnaw shirreff principall of the shirrefdome of Wigtoune Robert Mcdugall younger of Logan Androw Agnew of Seuchan William Moir shirref deput of the said shire and Alexander Paterson toune clerk of Stranrawer or any three of them whom The saids Lords Doe heirby Declare to be a sufficient Quorum The said shirreff principall being aluayes one of the three To take tryall of And to Judge and Doe Justice upon the said James Mcharg presently prisoner in the said tolbooth for the said unnaturall Crime And In order therto To meet and Conveen at Stranrauer the threttieth day of July instant And ther to accept of this present Commission And upon their acceptance to administrat the oath of fidelity to the persone whom the Lord Justice Clerk or James Montgomerie of Langshau Clerk to the Justice Court shall Deput and substitut to be clerk to this present Commission And if the said Lord Justice Clerk or James Montgomery shall neglect or delay to deput and substitut a Clerk as said is Being requyred therto with pouer to the saids Commissioners or their said Quorum to Choise their oune Clerk for whom they shall be ansuerable with pouer Lykeuayes to the persons heirby Commissionat or their said Quorum To Creat make and Constitut serjants Dempsters and others members of the said Court And to Issue out and Cause raise precepts or Lybells of Indictment at the Instance of John Auld wryter at Wigtoun procurator fiscall for his Majesties Intrest in the said matter against the said James Mcharg For Citing him and the assysers and uitnesses in the ordinary manner and under the usuall pain’s and Certifications To Compear before the saids Commissioners heirby Commissionat or their said quorum at Stranrauer the […] day of […] therafter with pouer also to them to amerciat and fyne the absent Assysers and uitnesses And the amerciaments and fynes to uplift for their oune use and behoofe And to adjurne themselves from tyme to tyme To the effect that the pannell being fullie heard The saids Commissioners or their said Quorum may Judge and determine the relevancy of the Lybell And to Call ane Inquiest of Fourty five persons who are to be Cited on the assyse of the said persone And out of that Number to Choise ane assyse of Fifteen And to administrat to them the ordinary oath in the usuall terms And with pouer also to the saids Commissioners or their said Quorum to examine the uitnesses Cited in presence of the said pannell and suorn Inquiest upon the points that shall be admitted to probation And therafter to remitt the said Lybell 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 knouledge of the said inqueist and assyse whom they appoint to elect a Chancelor or president uith a Clerk And after reading and perusing of the said Indictment Interloquitor to be pronunced theron and depositiones of the witnesses to be taken in presence of the said pannell and assyse To Find the Lybell proven against the said pennell or to Assoilzie him according to Law as they will be ansuerable to God and a good Conscience That they draw up their verdict accordingly and Delyver the same sealled by the hand of their Chancelor or president to the saids persons or their Quorum whom they heirby authorize and Commissionat to advyse the haill process and verdict of the Inquiest with the depositions of the witnesses And to Give and pronunce sentence Condemnator or absolvitor in the said matter according to Justice And in case the saids Judges shall find the pannell guiltie of the horride and unnaturall crime Laid to his charge with pouer to the saids Commissioners or their said Quorum To Decerne and adjudge the said pannell to be execute to the death uithin such space and after such manner as they shall think fitt And Generallie with Full pouer to the saids Commissioners or their said Quorum To Act doe and performe all and sundrie things whatsoever Competent 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 saids Commissioners or their said Quorum uithin the space of a month after pronuncing and executing of their sentence In this matter to Report to the Lords Commissioners of Justiciarie or to the Clerk of the Criminall Court ane authentick extract under their hands of their said proces sentence and the manner of executing therof 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 therin as he will be ansuerable Given at Edinburgh the seventh day of July 1696 years sic subscribitur Poluarth cancelar Melvill PS Queensberrie Southerland Morton Leven Annandale Yester Ruthven James Ogilvie James Steuart