Commission by the Council, 8 August 1695, Edinburgh

Warrant, 31 December 1695, Edinburgh

At Edinburgh the eight day of August Jaj vjc nynty and fyve years

A1695/8/111

Commission by the Council

Comissione for tryeing Mcconochies.

The Lords of his Majesties privy Councill being informed That […] Mcconachie spouse to […] McRorie at the milne burne of Inverness and […] Mcconachie, spouse to […] Mcquibane in the Castle hill near Inverness are alleadged guilty of the horrid cryme of wichgraft for which they are presently prisoners in the Tolbooth of Inverness and Considering it will be a great dale of charges and expences to bring the saids […] Mcconachies to this place in ordor to Her tryall before the Lords Commissioners of Justiciary besyds that severalls inconveniences may arryse by their transportatione and the said Lords lykewise Considering that this horrid Cryme can not be tryed and judged 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 brough to a tryall That the persones guilty may receive condigne punishment and others may be deterred from committing so horrid a Cryme in tyme comeing They doe Hereby give full power warrand and Commissione to Master David Polsone of Kinmilnes Shirriff deput of Inverness William Baillie Commissar thereof Alexander Chisholme Baillie to the Lord Lovatt Duncan Forbes of Collodean […] Cuthbert of Castlehill and […] Duff provost of Inverness or any three of them who are Hereby declared to be a quorum to take tryall of and to judge and doe Justice upon the said […] Mcconachies presently prisoners in the said Tolbooth for the said Horrid Cryme of witchcraft and in ordor thereto To meet and Conveen at Inverness the twenty nynth day of August instant and there to accept of this present Commissione and upon their acceptance to administrat the oathe of fidelity to the persone whom James Montgomrie of Langshaw Clerk to the Justice Court shall deput and substitut to be Clerk to this present Commissione and if the said James Montgomrie shall neglect or delay to deput or substitut a Clerk as said is being requyred therto With power to the said Commissioners or ther said quorum to choise ther owne Clerk for whom they shall be answerable with power lykewise to the said Commissioners 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 Cause raise precepts or lybells of inditment at the instance of David Comming wryter at Inverness procurator Fiscall for his majesties interest in the said matter against the saids […] for ceitting them and the assysers and witneses in the ordinary maner and under the usuall pains and certificationes to compear before the said Commissioners hereby Comissionat or ther said quorum at Inverness the […] day of […] therafter with full power alse to them to amerciat and fyne the absent assysers and witneses and the amerciaments and fynes to uplift for ther owne use and behoove and to adjourne themselves from tyme to tyme to the effect that the pannells being fully Heard The said Commissioners or their said quorum may judge and determine the relevancy of the lybell and to call ane inqueist of fourty fyve persones who are to be ceitted on the assyse of the said persona and out of that number to choise ane assyse of fyfteen, and to administrat to them the ordinary oath in the usuall tearmes, and with power also to the said Comissioners or their said quorum to examine the witneses ceitted in presence of the said pannalls and sworen 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 inqueist and assyse whom they appoynt to elect a Chancellor or President with a Clerk and after reading and peruseing of the said indictment interloquitor to be pronounced thereon and depositions of the witneses to be taken in presence of the said pannalls and assyse To find the lybell proven against the said pannals or to assoilzie them according to Law as the answere to God and a good Conscience That they draw up their verdict accordingly and delyver the same sealled by the hand of their Chancellor or President to the said persons or their quorum whom they Hereby authorize and Commissionate to advyse the haill proces and verdict of the inqueist with the depositiones of the witneses and to give and pronounce sentance Condemnator or absolvitor in the said matter according to Justice And in case the said judges shall find the said pannalls guilty of the said horrid cryme Laid to their Charge, With power to the said Commissioners or their said quorum to decerne and adjudge the said Panalls to be burned or otherwayes execute to death within such space and after such maner as they shall think fitt And generally, with full power to the said Commissioners or their said quorum to act doe and performe all and sundrie2 things quhatsomer Competent and incumbent to be acted done and performed by any Commissioners of Justiciary3 Hetherto nominated and appoynted by the said Lords of privy Councill And the said Lords appoynts the said Commissioners or their said quorum within the space of ane moneth after pronounceing and executing of their sentance 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 Sentance and the maner of executeing 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 therein as He will be ansuerable Given at Edinburgh the eight day of August Jaj vjc nynty and fyve years sic subscribitur Tweeddale Melvill PS Cassillis Leven Forfar Beilhaven Polwarth J Johnstoune Ludovick Grant G Campbell Robert Cheisley.

At Edinburgh the eight day of August Jaj vjc nynty and fyve years

A1695/8/111

Commission by the Council

Comissione for tryeing Mcconochies.

The Lords of his Majesties privy Councill being informed That […] Mcconachie spouse to […] McRorie at the milne burne of Inverness and […] Mcconachie, spouse to […] Mcquibane in the Castle hill near Inverness are alleadged guilty of the horrid cryme of wichgraft for which they are presently prisoners in the Tolbooth of Inverness and Considering it will be a great dale of charges and expences to bring the saids […] Mcconachies to this place in ordor to Her tryall before the Lords Commissioners of Justiciary besyds that severalls inconveniences may arryse by their transportatione and the said Lords lykewise Considering that this horrid Cryme can not be tryed and judged 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 brough to a tryall That the persones guilty may receive condigne punishment and others may be deterred from committing so horrid a Cryme in tyme comeing They doe Hereby give full power warrand and Commissione to Master David Polsone of Kinmilnes Shirriff deput of Inverness William Baillie Commissar thereof Alexander Chisholme Baillie to the Lord Lovatt Duncan Forbes of Collodean […] Cuthbert of Castlehill and […] Duff provost of Inverness or any three of them who are Hereby declared to be a quorum to take tryall of and to judge and doe Justice upon the said […] Mcconachies presently prisoners in the said Tolbooth for the said Horrid Cryme of witchcraft and in ordor thereto To meet and Conveen at Inverness the twenty nynth day of August instant and there to accept of this present Commissione and upon their acceptance to administrat the oathe of fidelity to the persone whom James Montgomrie of Langshaw Clerk to the Justice Court shall deput and substitut to be Clerk to this present Commissione and if the said James Montgomrie shall neglect or delay to deput or substitut a Clerk as said is being requyred therto With power to the said Commissioners or ther said quorum to choise ther owne Clerk for whom they shall be answerable with power lykewise to the said Commissioners 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 Cause raise precepts or lybells of inditment at the instance of David Comming wryter at Inverness procurator Fiscall for his majesties interest in the said matter against the saids […] for ceitting them and the assysers and witneses in the ordinary maner and under the usuall pains and certificationes to compear before the said Commissioners hereby Comissionat or ther said quorum at Inverness the […] day of […] therafter with full power alse to them to amerciat and fyne the absent assysers and witneses and the amerciaments and fynes to uplift for ther owne use and behoove and to adjourne themselves from tyme to tyme to the effect that the pannells being fully Heard The said Commissioners or their said quorum may judge and determine the relevancy of the lybell and to call ane inqueist of fourty fyve persones who are to be ceitted on the assyse of the said persona and out of that number to choise ane assyse of fyfteen, and to administrat to them the ordinary oath in the usuall tearmes, and with power also to the said Comissioners or their said quorum to examine the witneses ceitted in presence of the said pannalls and sworen 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 inqueist and assyse whom they appoynt to elect a Chancellor or President with a Clerk and after reading and peruseing of the said indictment interloquitor to be pronounced thereon and depositions of the witneses to be taken in presence of the said pannalls and assyse To find the lybell proven against the said pannals or to assoilzie them according to Law as the answere to God and a good Conscience That they draw up their verdict accordingly and delyver the same sealled by the hand of their Chancellor or President to the said persons or their quorum whom they Hereby authorize and Commissionate to advyse the haill proces and verdict of the inqueist with the depositiones of the witneses and to give and pronounce sentance Condemnator or absolvitor in the said matter according to Justice And in case the said judges shall find the said pannalls guilty of the said horrid cryme Laid to their Charge, With power to the said Commissioners or their said quorum to decerne and adjudge the said Panalls to be burned or otherwayes execute to death within such space and after such maner as they shall think fitt And generally, with full power to the said Commissioners or their said quorum to act doe and performe all and sundrie2 things quhatsomer Competent and incumbent to be acted done and performed by any Commissioners of Justiciary3 Hetherto nominated and appoynted by the said Lords of privy Councill And the said Lords appoynts the said Commissioners or their said quorum within the space of ane moneth after pronounceing and executing of their sentance 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 Sentance and the maner of executeing 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 therein as He will be ansuerable Given at Edinburgh the eight day of August Jaj vjc nynty and fyve years sic subscribitur Tweeddale Melvill PS Cassillis Leven Forfar Beilhaven Polwarth J Johnstoune Ludovick Grant G Campbell Robert Cheisley.

1. NRS, PC1/50, 237-9.

2. The word ‘and’ scored out here.

3. The word ‘hereafter’ scored out here.

1. NRS, PC1/50, 237-9.

2. The word ‘and’ scored out here.

3. The word ‘hereafter’ scored out here.