Commission by the Council, 9 July 1696, Edinburgh

Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the nynth day of July Jaj vjc nyntie six years

A1696/7/161

Commission by the Council

Commission for trying Isobell Fentoune

The Lords of his Majesties privie Councill Being Informed that Elizabeth Fentoune prisoner in the tolbooth of Pearth is presently prisoner in the tolbooth of […] as alleadged guiltie of murdering her oune Chyld And Considering that it will be a Great dale of charges and expences to Bring the said Elizabeth Fentoune to this place in order to a tryall before the Lords Commissioners of Justiciary Besyds the severall Inconveniencies that may arryse by her transportation And the saids Lords Lykewayes Considering that this Crime Cannot be Judged and tryed by any persons in the Countrey without 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 persone 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 Alexander Blair of Corbs shirreff deput of Pearth Mr James Craigie younger of Dumbarnie and Lauchlane McIntosh tutor of Dalmungo To take tryall of And to Judge and doe Justice upon the said Elizabeth Fentoune, prisoner in the said tolbooth for the said horrid Crime, and in order therto To meet and Conveen at Pearth the threttie one of July instant And ther to accept of this Commission And upon their acceptance 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 full pouer to the saids Commissioners to Choise their oune Clerk for whom they shall be ansuerable uith full pouer Lykeuayes to the persons heirby Commissionat to Creat make and Constitut serjants dempsters and other members of the said Court and to Issue out and Cause raise precepts or Lybells of Indictment at the instance of John Whyte wryter in Pearth procurator fiscall ther, procurator fiscall for his majesties intrest in the said matter against the said Elizabeth Fentoune for Citing her the assyzers and uitnesses in the ordinary manner and under the usuall paines and Certifications To Compear before the saids Commissioners heirby Commissionat the […] day therafter with pouer also to them to amerciat and fyne the absent assyzers and witnesses And the amerciaments and fynes to uplift for their oune use and behove And to adjurne themselves from tyme to tyme To the effect that the pannell being fullie heard The saids Commissioners may Judge and determine the relevancy of the Lybell And to Call ane Inquiest 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 tearms And with pouer also to the saids Commissioners to examine the witnesses 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 Inquiest 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 uitnesses to be taken in presence of the said pannell and assize To Find the Lybell proven against the said pannell or to assoilzie her according to Law As they uill 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 whom they heirby authorize and Commissionat to advyse the haill proces and verdict of the Inquiest uith the depositiones of the uitnesses 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 said Crime Laid to her charge with pouer to the saids Commissioners To decerne and adjudge the said pannell to be hanged or otheruayes execute to the death within such space and after such a manner as they shall think fitt And appoints the saids Commissioners and Clerk to transmitt the haill proces which shall be laid before them against the said Elizabeth Fentoune and severall stepps therof and verdict of the Inquiest to be Given therupon to the saids Lords of his Majesties privie Councill betuixt and the Fifteenth day of September next To be Considered by them And discharges the saids Commissioners to suffer the sentence which shall be pronunced by them against the said Elizabeth Fentoun to be putt to executione or to appoint or affix a day for executing therof without speciall order and warrand had and obtained from the saids Lords of privie Counsell for that effect And Generallie uith full pouer to the saids Commissioners to Act doe and performe all and sundrie things whatsoever Competent and Incumbent to be acted, done or performed by any Commissioners of Justiciary hitherto nominated and appointed by the saids Lords of privie Counsell And they heirby appoint the saids Commissioners uithin the space of ane month after pronuncing and executing of their sentence in this matter upon speciall warrand to be Given by the Councill for doing the same To report to the Lords Commissioners of his Majesties Justiciary or to the Clerk of the Criminall Court ane authentick coppie 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 heirby requyred to record therin as he will be ansuerable Given at Edinburgh the nynth day of Jullie Jaj vjc nyntie six years sic subscribitur Poluarth cancelar Melvill p:s Southerland Morton Leven Annandale Yester Montgomerie W Anstruther Ruthven Fra Montgomery

Att Edinburgh the nynth day of July Jaj vjc nyntie six years

A1696/7/161

Commission by the Council

Commission for trying Isobell Fentoune

The Lords of his Majesties privie Councill Being Informed that Elizabeth Fentoune prisoner in the tolbooth of Pearth is presently prisoner in the tolbooth of […] as alleadged guiltie of murdering her oune Chyld And Considering that it will be a Great dale of charges and expences to Bring the said Elizabeth Fentoune to this place in order to a tryall before the Lords Commissioners of Justiciary Besyds the severall Inconveniencies that may arryse by her transportation And the saids Lords Lykewayes Considering that this Crime Cannot be Judged and tryed by any persons in the Countrey without 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 persone 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 Alexander Blair of Corbs shirreff deput of Pearth Mr James Craigie younger of Dumbarnie and Lauchlane McIntosh tutor of Dalmungo To take tryall of And to Judge and doe Justice upon the said Elizabeth Fentoune, prisoner in the said tolbooth for the said horrid Crime, and in order therto To meet and Conveen at Pearth the threttie one of July instant And ther to accept of this Commission And upon their acceptance 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 full pouer to the saids Commissioners to Choise their oune Clerk for whom they shall be ansuerable uith full pouer Lykeuayes to the persons heirby Commissionat to Creat make and Constitut serjants dempsters and other members of the said Court and to Issue out and Cause raise precepts or Lybells of Indictment at the instance of John Whyte wryter in Pearth procurator fiscall ther, procurator fiscall for his majesties intrest in the said matter against the said Elizabeth Fentoune for Citing her the assyzers and uitnesses in the ordinary manner and under the usuall paines and Certifications To Compear before the saids Commissioners heirby Commissionat the […] day therafter with pouer also to them to amerciat and fyne the absent assyzers and witnesses And the amerciaments and fynes to uplift for their oune use and behove And to adjurne themselves from tyme to tyme To the effect that the pannell being fullie heard The saids Commissioners may Judge and determine the relevancy of the Lybell And to Call ane Inquiest 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 tearms And with pouer also to the saids Commissioners to examine the witnesses 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 Inquiest 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 uitnesses to be taken in presence of the said pannell and assize To Find the Lybell proven against the said pannell or to assoilzie her according to Law As they uill 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 whom they heirby authorize and Commissionat to advyse the haill proces and verdict of the Inquiest uith the depositiones of the uitnesses 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 said Crime Laid to her charge with pouer to the saids Commissioners To decerne and adjudge the said pannell to be hanged or otheruayes execute to the death within such space and after such a manner as they shall think fitt And appoints the saids Commissioners and Clerk to transmitt the haill proces which shall be laid before them against the said Elizabeth Fentoune and severall stepps therof and verdict of the Inquiest to be Given therupon to the saids Lords of his Majesties privie Councill betuixt and the Fifteenth day of September next To be Considered by them And discharges the saids Commissioners to suffer the sentence which shall be pronunced by them against the said Elizabeth Fentoun to be putt to executione or to appoint or affix a day for executing therof without speciall order and warrand had and obtained from the saids Lords of privie Counsell for that effect And Generallie uith full pouer to the saids Commissioners to Act doe and performe all and sundrie things whatsoever Competent and Incumbent to be acted, done or performed by any Commissioners of Justiciary hitherto nominated and appointed by the saids Lords of privie Counsell And they heirby appoint the saids Commissioners uithin the space of ane month after pronuncing and executing of their sentence in this matter upon speciall warrand to be Given by the Councill for doing the same To report to the Lords Commissioners of his Majesties Justiciary or to the Clerk of the Criminall Court ane authentick coppie 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 heirby requyred to record therin as he will be ansuerable Given at Edinburgh the nynth day of Jullie Jaj vjc nyntie six years sic subscribitur Poluarth cancelar Melvill p:s Southerland Morton Leven Annandale Yester Montgomerie W Anstruther Ruthven Fra Montgomery

1. NRS, PC1/50, 585-7.

1. NRS, PC1/50, 585-7.