Judicial Proceeding, 16 July 1706, Edinburgh

Procedure: committee formed, 28 December 1706, Edinburgh

Att Edinburgh the Sixteinth day of July Jaj vijc and Six years

A1706/7/141

Judicial Proceeding

Approbation of the Sentence of death pronounced by the Comissioners appoynted for trying George and Lauchlane Rattrayes for the crymes of witchcraft Sorcery and Charmeing

Sir James Steuart her Majesties Advocat haveing represented to the Board that the Commissioners appoynted for trying of George and Lauchlane Rattrayes for the Crymes of witchcraft, sorcery and charmeing, had made report of the said tryall, The Lords of her Majesties Privie Councell Recommended to the said Sir James Steuart, and Lord Justice Clerk To peruse and consider the said2 proces and tryall Against the Saids George and Lauchlane Rattrayes and to report, And the Said Committie not haveing mett, and the affair Lying over till the twentie fyfth day of June last, att which tyme the Same being again moved, The Saids Lords of her Majesties Privie Councell did therby Recomend to the former Committie appoynted to Consider the said proces and Sentence pronounced against the said George and Lauchlane Rattrayes to meet the nixt day therafter att three acloak in the afternoon, And added the Lords Ensteruther, Rankeillor and Minto to the Said Committie, and declaired any two a Quorum, And to report, Therafter wpon the Ellevinth day of July instant the said Committie haveing mett, and perused and considered the report of the said proces, as also the Commission of the Lords of Councell, with the Indytement wherupon the said tryall proceeded, They Fand the tryall was att the instance of the procurator Fiscall named in the Commission of Councell for her Majesties Interest, And that the Commissioners have3 therin proceeded orderly by giveing ther Interloquitor, Setting ane Assyse, and takeing the probation in Due manner, And that the verdict is distinct and aggreeable to the probation, And therfor are of oppinion that the wholl tryall is orderly proceeded, And remitted to the Lords of Councell to approve and ratifie the Same according to the reserve in their Commission given for that effect as the said report bears, And wpon the day and date of thir presents The Saids Lords of her Majesties Privie Councell haveing considered the said above report, And the Samen with a petition be the saids George and Lauchlane Rattrayes being read in ther presence, The Saids Lords have Approven and heirby Approves of the Report of the Said Committie In the haill heads, articles and clauses therof, And have found and heirby Finds that the Commissioners nominat by the Councell have proceeded orderly by giveing ther Interloquitor, Setting ane Assyze, and takeing the probation in due maner, And that the verdict is distinct and aggreeable to the probation, And have Ratified and Approven, and heirby Ratifies and approves of the Sentence of death pronounced theron against the Saids George and Lauchlane Rattrayes, And have appoynted and ordained and heirby appoynts and ordains the Magistrats of Inverness to See and cause the Said Sentence of death pronounced against them by the Commissioners appoynted theranent, Be putt in execution against them wpon the Last wednsday of September nixt to come, att the Same place, and in the Same maner mentioned in the said Sentence Sic Subscribitur Montrose P. Buchan. Northesk. Forfar. Torphichen. Elibank. James Steuart. Gilbert Eliot. Archibald Douglass.

At Edinburgh 16 July 1706

A1706/7/141

Judicial Proceeding

Approbation of the sentence of death pronounced by the commissioners appointed for trying George and Lauchlan Rattray for the crimes of witchcraft, sorcery, and charming

Sir James Stewart, her majesty’s advocate, having represented to the board that the commissioners appointed for trying of George and Lauchlan Rattray for the crimes of witchcraft, sorcery, and charming had made report of the said trial, the lords of her majesty’s privy council recommended to the said Sir James Stewart, and [Adam Cockburn] lord justice clerk, to peruse and consider the said process and trial against the said George and Lauchlan Rattray and to report. And the said committee not having met, and the affair lying over till 25 June last, at which time the same being again moved, the said lords of her majesty’s privy council did thereby recommend to the former committee appointed to consider the said process and sentence pronounced against the said George and Lauchlan Rattray to meet the next day thereafter at three o’clock in the afternoon, and added [William] Lord Anstruther, [Sir Archibald Hope] Lord Rankeillor, and [Gilbert Elliot] Lord Minto to the said committee, and declared any two a quorum, and to report. Thereafter upon 11 July instant the said committee having met, and perused and considered the report of the said process, as also the commission of the lords of council, with the indictment whereupon the said trial proceeded, they found the trial was at the instance of the procurator fiscal named in the commission of council for her majesty’s interest, and that the commissioners have therein proceeded orderly by giving their interlocutor, setting an assize, and taking the probation in due manner, and that the verdict is distinct and agreeable to the probation, and therefor are of opinion that the whole trial is orderly proceeded, and remitted to the lords of council to approve and ratify the same according to the reserve in their commission given for that effect, as the said report bears. And upon the day and date of these present, the said lords of her majesty’s privy council having considered the said above report, and the same with a petition by the said George and Lauchlan Rattray being read in their presence, the said lords have approved and hereby approve of the report of the said committee in the whole heads, articles, and clauses thereof, and have found and hereby finds that the commissioners nominated by the council have proceeded orderly by giving their interlocutor, setting an assize, and taking the probation in due manner, and that the verdict is distinct and agreeable to the probation, and have ratified and approved, and hereby ratify and approve of the sentence of death pronounced thereon against the said George and Lauchlan Rattray, and have appointed and ordained and hereby appoint and ordain the magistrates of Inverness to see and cause the said sentence of death pronounced against them by the commissioners appointed thereanent be put in execution against them upon the last Wednesday of September next to come, at the same place, and in the same manner mentioned in the said sentence. Sic Subscribitur Montrose president; Buchan; Northesk; Forfar; Torphichen; Elibank; James Stewart; Gilbert Elliot; Archibald Douglas.

1. NRS, PC1/53, 480.

2. The word ‘report’ scored out here.

3. Insertion.

1. NRS, PC1/53, 480.

2. The word ‘report’ scored out here.

3. Insertion.