Att Edinburgh The Twenty day of June J^aj vj^c nynty nyne years

A1699/6/27

A1699/6/27¹

Commission by the Council

Commission for Trying Erasmus Irvine and Margaret Magnus for murthering their own child

Commission for Trying and Judging Erasmus Irvine and Margaret Magnus for murthering their own Child, Read voted Approve and Signed. Whereof the Tenor follows
The Lords of his Majesties privy Councill Being Informed That Erasmus Irvine in Kilbran a wersdaill and Margaret Magnus his servant are prisoners in the Tolbooth of Scallaway and are alleadged guilty of that horrid and unnatural crime of murdering of a Child Brought furth be the said Margaret Magnus To the said Erasmus Irvine in Zetland, And considering it will be a great deal of charges and Expenses To Bring The Said Erasmus Irvine and Margaret Magnus to this place in order to a tryall before the Lords Commissioners of Justiciary Besides That Several Inconveniences may arise by their Transportation, And their Lordships likeways considering That this horrid Crime cannot be tried and Judged by any persones in the Countrey without a warrant and Commission from them for that Effect And The saids Lords Being desyreous To have the said matter Brought to a Tryall, That the persones guilty may Receave condign punishment And others may be deterred from committing So horrid a crime in time comeing They do heirby give full power warrant and Commission To Patrick Lesly of Ustannis present Stewart Deput there, Lawrence Sinclar of Quendale Andrew Bruce of Moroness, Lawrence Stewart of Bigtoune, Mr John Mitchell of West-Shore, John Gifford of Busta, James Scot of Vosgath, Andrew Mowat of Garth, and John Bruce of Aith, or any four of them To be a quorum The said Stewart Deput being one of the Four, And The saids Commissioners or their said quorum, Being qualified by taking the oath of Alledgance and Assurance before they Enter upon the Execution of their office be vertue hereof, To Take tryall of and To Judge and do Justice upon the saids Erasmus Irvine and Margaret Magnus for the said horrid Crime of Murder, And in order thereto, To meet and conveen at Scalaway the fifteenth day of August next to Come, And There to accept of this present Commission And upon their acceptance To administrate the oath of fidelity to the persone whom the Lord Justice-Clerk and James Montgory of Langshaw Clerk to the Justice-court shall Depute and Substitute To be Clerk to this present Commission. With power to the saids Commissioners or their said quorum To choise their own Clerk, for whom they shall be Answerable, In caice That the saids Lord Justice-Clerk and James Montgomry Shall Refuse To nominate a Clerk in this matter. They being first Required So to doe, With power likeways to the saids persones heirby commissionate or their said quorum, To creat make and Constitute Serjeants Dempsters and other members of the said court And To Issue out and cause Raise precepts or Lyble of the Indictments att the Instance of William Murray nottar publict and procurator Fiscall for his majesties Interest in the said matter against the saids Erasmus Irvine and Margaret Magnus accused of murder, for Summonding and citeing them upon fifteen days by delivering to them a full Coppie of the Lyble or Indictment with the names and designationes of the Assizers and witnesses Subjoined, and for citeing the assizers and witnessses in the ordinary manner and under the usual pains and Certificationes To Compear Before the saids Commissioners heirby Commissionat, or their said quorum att […] With power also to them To amerciat and fine the Absent assizers and witnesses, And The amerciaments and fines To uplift for their own use and behoove And To Adjourn themselves from tyme to tyme till the Relevancy be discust To the Effect That the pannells being fully heard, The saids Commissioners or their said quorum may Judge and determine the said Relevancy of the Lyble, And to call ane Inqueist of Fourty five persones who are to be cited on the Assize of the saids pannells and a list of their names and designations given in to the saids persons accused with their Lybles as said is. And after the discussing the Relevancy of the said Lyble, In presence of the saids persons of Inqueist by pronunceing ane Intrloquitor thereon, Out of that number To choize ane assize of fifteen, and to administrate to them the ordinary oath in the usuall termes, And with power also to the saids Commissioners or their said quorum To Examine The Witnesses to be cited in presence of the saids pannels and sworn Inqueist upon the points That Shall be admitted To probation, And Immediatly thereafter without any Adjournment To Remitt the said Lyble and Interloquitor to be given by them anent the Relevancy thereof, and the depositions of the Witnesses to be taken in manner forsaid, To the Knowledge of the said Inqueist and Assize, who without delay or going out of the court are to be Inclosed by themselves and are heirby appointed to Remain So Inclosed and none Suffered to be with them or to have access to them or any of themselves Suffered to go out, untill They be agreed and Concluded their Answer, And To Elect a Chancellor or President with a Clerk of their own number And after Reading and peruseing of the said Indictment Interloquitor to be pronunced thereon, and depositiones of the witnesses To be taken in presence of the saids pannells and assize, They are to Find the Lyble proven against the saids pannels or not according to Law as they will be answerable to God and a good conscience and that they draw up their verdict accordingly Bearing what way Every assizer doth vote, and deliver the samen being first subscrived By the Chancellor and Clerk And Sealed by the hand of their Chancellor or president To the saids Commissioners or their said quorum whom they heirby authorize and Commissionate To advice the hail process and verdict of the Inqueist, And to give and pronunce Sentence Condemnator or Absolvitor in the said matter according to Justice, And in caice The saids persones shall find The saids pannells guilty of the Crime laid to their charge, with power to the saids Commissioners or their said quorum To Decerne and Adjudge Them to be hanged or otherways to be Execute To the death within such space and after such a manner as they shall think fitt, And generally with power to the saids Commissioners or their said quorum To act doe and perform all and sundry 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 privy Councill. And The saids Lords Appoints the saids Commissioners or their said quorum within the space of Threescore dayes after pronunceing and Executing of their Sentence in this matter To Report To the Lords Commissioners of Justiciary or to the Clerk of the Criminal Court, ane authentick Extract under their hands of their said process, Sentence and the manner of Executing thereof, To the Effect the samen may be Recorded in the Books of Justiciary, which the Clerk to the Criminall Court, is heirby Required to Record therein as he will be answerable. Given att Edinburgh The Twenty day of June J^aj vi^c nynty nyne years. Sic Subscribitur Marchmont cancelar Melvill. P. Queensberrie. Mar. Morton, Buchan, Galloway Loudoun. Annandale. Seafield. Carmichaell. Forbes. Heu: Dalrymple. James Stewart.