Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the nynth day of July J^aj vj^c nyntie six years

A1696/7/18

A1696/7/18¹

Commission by the Council

Commission for trying Isobell Andersone

The Lords of his majesties privie Councill Being Informed that Isobell Andersone servitrix to Robert Forbes att the miln of Creichie is presently prisoner in the tolbooth of Aberdein as alleadged guiltie of murdering her oune Chyld And Considering that it will be a Great deall of charges and expences to bring the said Isobell Andersone to this place in order to a tryall before the Lords Commissioners of Justiciary besyds the severall Inconveniencies that may arrise by her transportation And the saids Lords Lykeuayes Considering that this Crime Cannot be Judged and tryed by any persons in the Countrey uithout a warrand and Commission from them for that effect And the saids Lords being desyrous to have the said matter brought to a tryall that the person guiltie may receave Condigne punishment and others may be deterred from Committing such ane unnaturall Crime in tyme coming They doe heirby Give full pouer warrand and Commission to Andrew Frazer of Kilmundie shirref Deput of Aberdeen George Keith of Creichie Mr James Gray of Balgouny James Gordon of Seatoune and […] Eldest baillzie of Aberdeen or any three of the saids persons whom the saids Lords doe heirby declare to be a sufficient Quorum The saids shirreff deput being aluayes one of the said three To take tryall of and to Judge and doe Justice upon the said Isobell Andersone prisoner in the said tolbooth for the said horrid Crime And in order therunto To meet and Conveen at Aberdeen the tuenty nynth day of July instant And ther to accept of this Commission And upon their acceptation to administrat the oath of fidelity to the persone whom the Lord Justice Clerk or James Montgomery of Langshaw Clerk to the Justice Court shall Deput and substitut to be Clerk to this present commission and if the saids Lord Justice Clerk or James Montgomery shall neglect or delay to deput or 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 servants Dempsters and other members of the said Court And to Issue out and Cause raise precepts or Lybells of Indictment at the instance of Alexander Lesly wryter in Aberdeen procurator fiscall for his Majesties Intrest in the said matter against the said Isobell Anderson for Citing her the Assysers and witnesses in the ordinary manner and under the usuall paines and certifications to compear before the saids commissioners heirby commissionat or their said quorum at Aberdeen the […] therafter with pouer also to them to amerciat and fyne the absent assysers and witnesses and the amerciaments and fynes to uplift for their oune use and behoove 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 inqueist of fourtie 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 witnesses in presence of the said pannell and suorne 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 depositions of the witnesses to be taken in manner forsaid to the knouledge of the said inquiest and assise whom they appoint to elect a chancelor or president with 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 pannell or to assoilzie her 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 said quorum whom they heirby authorize and commissionat to advyse the haill proces 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 said pannell guiltie of the crime Laid to her charge To Decerne and adjudge the said pannell to be hanged or otheruayes execute to the death uithin such space and after such manner as they shall think fitt And Generallie with pouer to the saids Commissioners or their said quorum to act doe and perform all and sundrie 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 privie Councill and they heirby appoint the saids commissioners or their said quorum within the space of a month after pronuncing and executing of their sentence in this matter to report to the saids Lords Commissioners of his Majesties Justiciary or to the Clerk of the Criminall Court ane authentik coppie under their hands of their said proces sentence and the manner of execution therof To the effect the same may be recorded in the books of Justiciary which the Clerk to the Criminall Court is heirby requyred to record therin as he will be ansuerable Given att Edinburgh the nynth day of Jullie J^aj vj^c nyntie six years sic subscribitur Poluarth cancelar Melvill Southerland Morton Leven Annandale Yester Montgomery Ruthven W Anstruther F Montgomery