Edinburgh The Tuenty one day of March J^aj vij^c and Four years

A1704/3/30

A1704/3/30¹

Commission by the Council

Commission for Judgeing and trying of Elspeth Archbald and Christian Mair

Commission for trying and Judgeing Elspeth Archbald and Christian Mair Read voted approven and signed and ordered to be recorded Wherof the Tennor followes
The Lords of Her Majesties privie Councill Being informed That Elspeth Archbald in the paroch of Banchrie And Christian Mair in the paroch of Aberdour presently prisoners withine the Tolbuith and prison of Aberdeen Are alleadged guilty of the horrid Crime of Murthering their owen Children And Considering It will be a great deall of Chairges and Expensses to bring the saids Elspeth Archbald and Christian Mair to this place in order to tryall befoir the Lords Commissioners off Justiciarie Besyde that severall inconveniencies may aryse by their transportatione And the saids Lords lykewayes considering That this horrid Crime cannot be tryed and Judged by any person in the Country without awarrand and Commission from their Lordships for that Effect And the saids Lords being desirous to have the said matter brought to atryall that the persons guilty may receave condigne punishment and others may be deterred from committing soe horrid a Crime intyme Comeing They Doe Heirby Give full power warrand and Commission To Andrew Fraser of Kinmundie and George Keith of Clackria Sherriff Depute of Aberdain and the Eldest Baillie of the said burgh of Aberdain And Declaires any Two of the saids persones to be asufficient quorum To take tryall of and to Judge and doe Justice upon the saids Elspeth Archbald, and Christian Mair for the said crime of Murthering their owen Children and in order therto To meet and conveen Att Aberdain the Eight day of May nixt to come And there to accept of this present Commission and upon their acceptance to administrat the oath of fidelity To the persones whom the Lord Justice Clerk or James Montgomrey of Langshaw Clerk to the Justice Court as deput to the said Lord Justice Clerk shall nominat Depute and Substitut to be Clerk to this present Commission With power to the saids Commissioners or their said Quorum To choyse their owen Clerk for whom they shall be answerable In caice the saids Lords, Justice Clerk and James Montgomry shall refuise to nominat a Clerk in this matter They being first requyred first soe to doe, With power Lykewayes to the saids persones heirby Commissionat or their said quorum To Creat make and Constitute Serjants, dempsters and other members of the said Court And to Ishue out and raise precepts or Lybells or Indictments at the instance of […] procurator Fiscall for her Majesties Intrest in the said matter Againest The saids Elspeth Archbald and Christian Mair accused of Murthering their owen Children for summonding and Citeing of them upon Fyfteen dayes for delyvering to them a Full Coppie of the Lybell of the Indictment with the names and designationes of the assyzers and witnesses subjoyned and for citing the assyzers and witnesses in the ordinary manner and under the pains and Certeficationes To Compeir befoir the saids Commissioners heirby Commissionat or their said quorum att Aberdain With power also to them To amerciat and fyne the absent assyzers and witnesses and the amerciaments and Fynes to uplift for their owen use and behove and to adjourne themselves from tyme to tyme till the Relivancie be discust To the effect that the pannells being fully heard The saids Commissioners or their said Quorum May judge and determine the said Relivancie of the Lybell And to call ane Inquest of Fourty five persones who are to be cited upon the assyze of the saids pannells and alist of their names and designationes Given into the saids persones accused with their lybells as said is And after the discussing of the Relivancy of the said Lybell in presence of the saids persones presence of the saids of Inquest² by pronuncing Interloquitor theron out of that number to Choyse ane assyze off Fyfteen and to administrat 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 pannells and sworn Inqueist upon the points that shall be admitted to probation And immediatly thereafter without any adjournment to remitt the said Lybell and Interloquiter to be given by them anent the Relivancy thereof and the depositiones of the witnesses to be taken in manner forsaid to the knowledge of the said Inquest and Assyze who without delay or goeing out of the Court are to be inclosed by themselves And are heirby appointed to remaine soe inclosed and non suffered to be with them or to have access to them or any of themselves suffered to goe out untill they be aggreed and conclude their answer and to Elect a Chancellor or president with a Clerk of their owen number And after reading and peruseing of the said witnesess to be taken in presence of the saids pannells and assyze They are to find the Lybell proven againest the saids pannells or not according to Law as they will be answerable to God and agood conscience And that they draw up the Verdict accordingly Bearing what way every assyzers doeth vote And delyver the samen being first subscrived by the Chancellour and Clerk and sealled by the hand of their Chancellour or president To the saids Commissioners or their said Quorum Whom they heirby Authorize and Commissionat To advyse the haill processes and verdict of the Inquest And to give and pronunce sentance condematur or absolvitur in the said matter according to Justice And in caice the saids persones shall find the saids pannells guilty of the Crimes laid to their Chairge With power to the saids Commissioners or their said Quorum To Decerne and Adjudge them To be Execute to the death Within such spaces and after such manner as they shall think fitt And appoints the saids Commissioners their said Quorum or Clerk To transmitt the haill proces Which shall be led befoir them againest the saids Elspeth Archbald, and Christian Mair and the severall steps thereof and verdict of the Inquest To be given thereupon To the saids Lords of Her Majesties privie Councill Betuixt and the Tuenty fyft day of Jully nixt to come To be considered by them And Dischairges the saids Commissioners or their said Quorum To suffer the sentance which shall be pronunced by them againest the saids pannells To be putt to Executione or to appoint or affix a day for Executing thereof without speciall order or warrand had and obtained from the saids Lords of privie Councill for that Effect And Generallie with power To the saids Commissioners or their said Quorum To act doe and performe All and Sundrie things whatsomever Compitent 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 the saids Lords appoints The saids Commissioners or their said Quorum within the space of a moneth after pronunceing and Executing 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 the 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 answerable Given Att Edinburgh The Tuenty first day of March J^aj vij^c and four years Sic Subscribitur Buchan I:P:D: Loudoun Roseberie Glasgow Garnock. Hew Dalrymple James Steuart W Morisone H Cuninghame.