Att Edinburgh the Fourteenth day January J^aj vi^c nyntie seven years

A1697/1/13

A1697/1/13¹

Commission by the Council

Commission for trying and judging Fergusons in Forfar

The Lords of his Majesties privie Councill Being Informed that Alexander and James Fergusons are presently prisoners in the tolbooth of Forfar and accused for the Crime of thift And Considering that it will be a Great deall of charges and expences to bring these persons to this place In order to a tryall before the Lords Commissioners of Justiciary Besyds that severall Inconveniences may arise by their transportation And the saids Lord Lykeuayes Considering that that Crime Cannot be tryed and judged by any persone in the Countrey without a warrand and Commission from their Lordships for that effect And the saids Lords being desyrous to have the said matter brought to a tryall That the persons guiltie of the said Crime of thift may receave Condign punishment and others may be detered from Committing the Lyke in tyme coming They doe heirby Give full pouer warrand and Commission to the Earle of Strathmore Shirreff principall of the Shire of Forfar Francis Erskine of Kirkbuddo David Hunter of Burnsyde Andrew Hunter of Dod Henry Lindsay of Cairn Mr […] Gray Shirreff deput of Forfar and Gilbert Auchinheile of that ilk or any three of them The Shirreff or his deput being aluayes one of the three who are hereby declared to be a quorum To take tryall of and doe Justice upon the said Alexander and James Fergusons prisoners in the said Tolbooth of Forfar for the forsaid alleadged Crime of theft And In order therunto To meet and Conveen at the tolbooth of Forfar the Eighteenth or nynteenth day of February nixt to Come And ther to accept of this present Commissione And upon their acceptance to administrat the oath of Fidelity to the persone whom the Lord Justice Clerk and James Montgomery of Langshaw Clerk to the Justice Court shall deput and substitut to be Clerk to this present Commission with pouer to the saids Commissioners or their said quorum to Choise ther oune Clerk for whom they shall be Ansuerable In caise that the said Lord Justice Clerk and James Montgomery of Langshaw Shall refuise to nominat a Clerk in this matter They bring first required so to doe With pouer Lykewise to the saids persons heirby Commissionat or their said quorum to Creat make and Constitut Serjants Dempsters and other members of the said Court And to Issue and cause raise precepts on Lybells or Indytment at the instance of William Ure procurator fiscall for his Majesties Interest in the said matter against the saids tuo persons accused for thift For summonding and Citing them upon fifteen dayes By delyvering to them full Coppies of the Lybells or Indictments uith the names and designations of the Assysers and witnesses Subjoyned And for Citing the Assysers and witnesses in the ordinary manner and under the usuall paines and Certificationes To Compear before the saids Commissioners heirby Commissionat or their said quorum att Forfar tolbooth the nynth day of March nixt to Come with pouer also to them to amerciat and fyne the absent Assysters and witnesses And the amerciaments and fynes to uplift for their oune use and behoofe And to adjurne themselves from tyme to tyme till the relevancy be discust To the effect that the pannells being fullie heard The saids Commissioners or their said quorum may Judge and determine the said relevancy of the Lybell And to Call ane Inquest of Fourtie five persons who are to be Cited on the Assyse of the saids tuo persons and a List of their names and designationes Given in to the tuo persones accused with their Lybells as said is And after the discussing of the relevancy of the said Lybell In presence of the saids persons of Inquest By pronouncing ane Interloqutor theron Out of that Number to Choise ane Assyse of Fifteen And to administrat to them the ordinary oath in the usuall tearms And uith pouer also to the saids Commissioners or their said quorum to examine the uitnesses to be Cited In presence of the saids pannells and suorn Inquest upon the points that shall be admitted to probation And Immediately therafter uithout any adjurnment to remitt the said Lybell and Interloqutor to be Given by them anent the relevency therof and the depositiones of the knouledge of the said Inquest and assyse uithout delay or going out of the Court are to be Inclosed by themselves And are heirby appointed to remaine So Inclosed and none suffered to be uith them or have access to them or any of themselves suffered to goe out untill they be aggreed and Conclude their Ansuer And to Elect a Chancelor or president uith a Clerk of their oune Number And after reading and perusing of the said Indictment Interloqutor to be pronounced thereon and Depositiones of the witnesses to be taken in presence of the said pannells and Assyse They are to find the said Lybell proven against the saids pannells or not according to Law as they will be Ansuerable to God and a Good Conscience And that they draw up their verdict accordingly Bearing what way every Assyser doeth vote and delyver the samen being first Subsryved by the Chancelor and Clerk and sealled by the hand of their Chancelor or president to the saids Commissioners or their said quorum whom they heirby authorize and Commissionat to advyse the haill proces and verdict of the Inquest And to Give and pronounce sentence Condemnator or absolvitor in the said matter according to Justice And In caise the saids persons shall find the pannells guilty of the Crime Laid to their charge With pouer to the Saids Commissioners or their said quroum to decerne and adjudge them to be hanged or otheruayes to be execute to the death within such space and after such manner as they shall think fitt And Generallie uith 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 privy Councill And the saids Lords appoints the saids Commissioners or their said quorum uithin the space of ane month after procuring and executing of their sentence 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 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 required to record therin as he will be Ansuerable Given at Edinburgh the Fourteenth day of January J^aj vi^c nyntie seven years sic subscribitur Poluarth Cancelar Queensberry Lauderdale Forfar Teviot Beilhaven James Steuart William Anstruther A: Hope.