Tag Archives: acta

Warrant, 3 October 1704, Edinburgh

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Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/91

Warrant

Warrand Dischargeing Thurstouns Commission

The Lords of her Majesties privie Councill Doe heirby Recall the Commission granted to Lodwick Cant younger of Thurstoun for hindering the import of English victuall And discharges the said Lodwick or any other his Deputs and servants To put the said Commission to any farder Execution after the date heirof, till farder orders of Councill theranent And appoints her Majesties Solicitors to intimat the premisses to the said Lodwick Cant with all dispatch.

Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/91

Warrant

Warrand Dischargeing Thurstouns Commission

The Lords of her Majesties privie Councill Doe heirby Recall the Commission granted to Lodwick Cant younger of Thurstoun for hindering the import of English victuall And discharges the said Lodwick or any other his Deputs and servants To put the said Commission to any farder Execution after the date heirof, till farder orders of Councill theranent And appoints her Majesties Solicitors to intimat the premisses to the said Lodwick Cant with all dispatch.

1. NRS, PC1/53, 283.

1. NRS, PC1/53, 283.

Procedure, 3 October 1704, Edinburgh

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Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/81

Procedure

Recommendation to the Lord Advocat To wryt to the Duke of Gordon and Borlam anent the Garrison of Fort William

The Lords of Her Majesties privie Councill Recommends to Sir James Steuart her Majesties Advocat To wryt to his Grace The Duke of Gordon, Anent provyding the Garrison of Fort William with fewall And to wryt as his Lordship shall think most propper To McIntosh of Borlum Baillie to the said Duke anent his hindering the Garrison to provyde fewall to themselves, To the end noe hinderance may be made to their effectuall provyding fewall for the said Garrison and lying in the same, As they had formerly been in use to doe.

Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/81

Procedure

Recommendation to the Lord Advocat To wryt to the Duke of Gordon and Borlam anent the Garrison of Fort William

The Lords of Her Majesties privie Councill Recommends to Sir James Steuart her Majesties Advocat To wryt to his Grace The Duke of Gordon, Anent provyding the Garrison of Fort William with fewall And to wryt as his Lordship shall think most propper To McIntosh of Borlum Baillie to the said Duke anent his hindering the Garrison to provyde fewall to themselves, To the end noe hinderance may be made to their effectuall provyding fewall for the said Garrison and lying in the same, As they had formerly been in use to doe.

1. NRS, PC1/53, 282.

1. NRS, PC1/53, 282.

Warrant, 3 October 1704, Edinburgh

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Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/71

Warrant

Warrand anent the payment of the Aliment and house dues of prisoners

Her Majesties Advocat haveing represented to the board that there were several prisoners for Crimes sent in to the Tolbooth of Edinburgh who were in hazard to starve, The keeper refuseing to aliment them In respect he gets no payment. The Lords of her Majesties privie Councill Doe heirby Appoint and Ordaine The Magistrats of Edinburgh, To make payment to George Drummond keeper of their Tolbooth of the house dues of all such prisoners as have been or shall be incarcerat for murder, theift and other such Crimes And recommends the said George Drummond to the Lords Commissioners of Her Majesties Theasaury for present and immediat payment of the aliment of such prisoners; And also of the house dues of all prisoners imprisoned on accompt and by order of the Government.

Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/71

Warrant

Warrand anent the payment of the Aliment and house dues of prisoners

Her Majesties Advocat haveing represented to the board that there were several prisoners for Crimes sent in to the Tolbooth of Edinburgh who were in hazard to starve, The keeper refuseing to aliment them In respect he gets no payment. The Lords of her Majesties privie Councill Doe heirby Appoint and Ordaine The Magistrats of Edinburgh, To make payment to George Drummond keeper of their Tolbooth of the house dues of all such prisoners as have been or shall be incarcerat for murder, theift and other such Crimes And recommends the said George Drummond to the Lords Commissioners of Her Majesties Theasaury for present and immediat payment of the aliment of such prisoners; And also of the house dues of all prisoners imprisoned on accompt and by order of the Government.

1. NRS, PC1/53, 282.

1. NRS, PC1/53, 282.

Warrant, 3 October 1704, Edinburgh

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Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/61

Warrant

Warrand for disposeing of Theives now at Peebles to be souldiers.

The Lords of her Majesties privy Councill Doe heirby appoint and Ordaine John Murray late Dragoon in my Lord Teviots Regiment, John and William Mitchells, Robert Broun and William Thomson alias Peter Anderson Now prisoners in the Tolbooth of Peebles and convict of Thift before the Magistrats of the said Burgh And by their sentence remitted to the Lords of Councill to be banished or other wayes disposed off as their Lordships should think fitt, To be delyvered to any of her Majesties officers to be transported as Recruites to Flanders, And that at the sight and by the order and Disposall of the Marques of Annandale Lord president of privie Councill and the Earle of March.

Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/61

Warrant

Warrand for disposeing of Theives now at Peebles to be souldiers.

The Lords of her Majesties privy Councill Doe heirby appoint and Ordaine John Murray late Dragoon in my Lord Teviots Regiment, John and William Mitchells, Robert Broun and William Thomson alias Peter Anderson Now prisoners in the Tolbooth of Peebles and convict of Thift before the Magistrats of the said Burgh And by their sentence remitted to the Lords of Councill to be banished or other wayes disposed off as their Lordships should think fitt, To be delyvered to any of her Majesties officers to be transported as Recruites to Flanders, And that at the sight and by the order and Disposall of the Marques of Annandale Lord president of privie Councill and the Earle of March.

1. NRS, PC1/53, 282.

1. NRS, PC1/53, 282.

Warrant, 3 October 1704, Edinburgh

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Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/51

Warrant

Warrand for Banishing Mr James Innes a preist

The Lords of her Majesties privie Councill Haveing called for and examined Master James Innes a supposed preist, And who was by their Lordships sentence banished the Kingdome on that account upon the fyfteen of August Jaj vijc years, Under the name of Mr James Innes alias Clark And he haveing accknowledged himselfe to be popish and refused to signe the formula appointed by Act of parliament, And that he had used Change of names. The saids Lords of her Majesties privy Councill, Have appointed and ordained, And heirby Appoints and ordaines The Magistrats of Edinburgh and keeper of their Tolbooth, To sett the said Mr James Innes at Liberty furth of their said Tolbooth upon his giveing Bond and finding sufficient Caution That he shall depart furth of this Kingdome Betuixt and the first day of November nixt to come, And report sufficient Certificat of his being furth of this Kingdome and of her Majesties other Dominions betuixt and the first day of January nixt to come; And that he shall not return therto without Her Majestie or the Privie Councills leave under the paine of Death; And in the mean tyme that he shall live peaceablie under and with all submission to Her Majesties Government, And shall not Act consult nor contrive any thing to the prejudice therof Nor converse nor Correspond with any of her Majesties Rebells And that under the penalty of Two Hundered pounds sterling in case he transgress any pairt of the premisses.

Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/51

Warrant

Warrand for Banishing Mr James Innes a preist

The Lords of her Majesties privie Councill Haveing called for and examined Master James Innes a supposed preist, And who was by their Lordships sentence banished the Kingdome on that account upon the fyfteen of August Jaj vijc years, Under the name of Mr James Innes alias Clark And he haveing accknowledged himselfe to be popish and refused to signe the formula appointed by Act of parliament, And that he had used Change of names. The saids Lords of her Majesties privy Councill, Have appointed and ordained, And heirby Appoints and ordaines The Magistrats of Edinburgh and keeper of their Tolbooth, To sett the said Mr James Innes at Liberty furth of their said Tolbooth upon his giveing Bond and finding sufficient Caution That he shall depart furth of this Kingdome Betuixt and the first day of November nixt to come, And report sufficient Certificat of his being furth of this Kingdome and of her Majesties other Dominions betuixt and the first day of January nixt to come; And that he shall not return therto without Her Majestie or the Privie Councills leave under the paine of Death; And in the mean tyme that he shall live peaceablie under and with all submission to Her Majesties Government, And shall not Act consult nor contrive any thing to the prejudice therof Nor converse nor Correspond with any of her Majesties Rebells And that under the penalty of Two Hundered pounds sterling in case he transgress any pairt of the premisses.

1. NRS, PC1/53, 281-2.

1. NRS, PC1/53, 281-2.

Order, 3 October 1704, Edinburgh

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Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/41

Order

Recommendation to the Lord Advocat To sett at Liberty Issobell Adam suspect of Witch Craft

Her Majesties Advocat haveing represented to the board, That in obediance to their Lordships former Recommendation for persueing the witches in Pittenweem, he had called for and examined Issobell Adam said to be the most Notorious Witch, and the Laid said to be tormented, And finding noe evidence from their Examinationes to be the ground of a proces, Gave it as his oppinion That the Lords of privie Councill should allow him to sett the said Issobell Adam at liberty and lett the proces fall; The Lords of her Majesties privie Councill Have allowed and heirby allowes Sir James Steuart her Majesties Advocat To cause Liberat Issobell Adam suspect of Witchcraft, and to let the proces against her on that accompt fall, and desist from the prosecuting her for the same.

Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/41

Order

Recommendation to the Lord Advocat To sett at Liberty Issobell Adam suspect of Witch Craft

Her Majesties Advocat haveing represented to the board, That in obediance to their Lordships former Recommendation for persueing the witches in Pittenweem, he had called for and examined Issobell Adam said to be the most Notorious Witch, and the Laid said to be tormented, And finding noe evidence from their Examinationes to be the ground of a proces, Gave it as his oppinion That the Lords of privie Councill should allow him to sett the said Issobell Adam at liberty and lett the proces fall; The Lords of her Majesties privie Councill Have allowed and heirby allowes Sir James Steuart her Majesties Advocat To cause Liberat Issobell Adam suspect of Witchcraft, and to let the proces against her on that accompt fall, and desist from the prosecuting her for the same.

1. NRS, PC1/53, 281.

1. NRS, PC1/53, 281.

Proclamation, 3 October 1704, Edinburgh

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Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/31

Proclamation

Proclamation Adjourning the parliament to the 16 of December

Proclamation for Adjourning the Parliament to the Sixteenth of December, Read signed and ordered to be Recorded and printed and published which was accordingly this day done, Whereof the tennor followes
Ann By the Grace of God, Queen of Great Brittain France and Ireland Defender of the faith To our Lion King at arms, and his Breithren Heraulds, Macers of our privie Councell, pursevants, Messengers at arms our Sherriffs in that pairt Conjunctlie and seaverallie Speciallie Constitute Greeting, Forasmuchas By the last Act of the last Session of the Current Parliament of this our Ancient Kingdome The said parliament was Adjourned to the seventh day of October current, And seeing the state of our affairs, Doe not require the meeting of our said parliament so soon as the said seventh day of October, To which it was Adjourned. Therefore Wee with advice of the Lords of our privie Councill, Have Adjourned and heirby Adjourn, the meeting of our said parliament from the said seventh day of this present moneth of October, To the Sixteen day of December nixt to come, Requiring heirby and Commanding, All Noblemen, Officiers of state, and Commissioners for shires and Burrows, Members of the said parliament To attend the meeting of our said Parliament Att Edinburgh the sixteen day of December nixt to come, To which it is now Adjourned, in the usuall way, upon the accustomed Certificationes and under the pains contained in the Laws made theranent. Our Will is Herefore And we Charge yow strictly and Command, That incontinent thir our Letters seen ye pass, To the mercat Cross of Edinburgh, And to the mercat Crosses of the haill remanent head burghs of the several shyres and steuartries within this our Ancient Kingdome And there in our name and Authority by open Proclamation make publict Intimation that our said parliament is Adjourned to the said Sixteenth day of December next to come And ordains thir presents to be printed and published. Given under our signet Att Edinburgh the Thrid day of October And of our Rigne the Thrid year 1704.

Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/31

Proclamation

Proclamation Adjourning the parliament to the 16 of December

Proclamation for Adjourning the Parliament to the Sixteenth of December, Read signed and ordered to be Recorded and printed and published which was accordingly this day done, Whereof the tennor followes
Ann By the Grace of God, Queen of Great Brittain France and Ireland Defender of the faith To our Lion King at arms, and his Breithren Heraulds, Macers of our privie Councell, pursevants, Messengers at arms our Sherriffs in that pairt Conjunctlie and seaverallie Speciallie Constitute Greeting, Forasmuchas By the last Act of the last Session of the Current Parliament of this our Ancient Kingdome The said parliament was Adjourned to the seventh day of October current, And seeing the state of our affairs, Doe not require the meeting of our said parliament so soon as the said seventh day of October, To which it was Adjourned. Therefore Wee with advice of the Lords of our privie Councill, Have Adjourned and heirby Adjourn, the meeting of our said parliament from the said seventh day of this present moneth of October, To the Sixteen day of December nixt to come, Requiring heirby and Commanding, All Noblemen, Officiers of state, and Commissioners for shires and Burrows, Members of the said parliament To attend the meeting of our said Parliament Att Edinburgh the sixteen day of December nixt to come, To which it is now Adjourned, in the usuall way, upon the accustomed Certificationes and under the pains contained in the Laws made theranent. Our Will is Herefore And we Charge yow strictly and Command, That incontinent thir our Letters seen ye pass, To the mercat Cross of Edinburgh, And to the mercat Crosses of the haill remanent head burghs of the several shyres and steuartries within this our Ancient Kingdome And there in our name and Authority by open Proclamation make publict Intimation that our said parliament is Adjourned to the said Sixteenth day of December next to come And ordains thir presents to be printed and published. Given under our signet Att Edinburgh the Thrid day of October And of our Rigne the Thrid year 1704.

1. NRS, PC1/53, 280-1.

1. NRS, PC1/53, 280-1.

Letter: royal, 3 October 1704, Edinburgh

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Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/21

Letter: royal

Letter from the Queen’s Majestie To The Councill for Adjourning the parliament to the 16 of December

Letter from her Majestie to the Councill for Adjourning the parliament to the Sixteenth of December nixt, Read and ordered to be recorded Wherof the tennor followes.
Supra Scribitur Anne Regina
Right Trusty and right well beloved Cousin and Councellor, Right Trusty and entirely beloved Cousins and Councellors, Right trusty and well beloved Cousins and Councellors, Right Trusty and weell beloved Councellors, And Trusty and weell beloved Councellors We Greet yow well. Whereas by the last Act of the last Session of our Current Parliament of that our Ancient Kingdome, The same was Adjourned to the seventh day of October next to come, And whereas the state of our affairs doeth not require this meeting so soon; It is our Will and pleasure, And we doe heirby Authorize and require yow, To ishue furth a Proclamation in our name Continueing the Adjournment of that our Parliament, To the Sixteen day of December next ensueing the date of these presents And requiring all the members thereof to attend that day at Edinburgh in the usuall way and under the accustomed Certifications. For doeing wherof this shall be your warrand, And so we bid yow heartily fairweell. Given at our Court Att Windsor Castle the Tuenty fourth day of September 1704 And of our Rigne the Thrid year. By Her Majesties Command Sic Subscribitur Cromertie

Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/21

Letter: royal

Letter from the Queen’s Majestie To The Councill for Adjourning the parliament to the 16 of December

Letter from her Majestie to the Councill for Adjourning the parliament to the Sixteenth of December nixt, Read and ordered to be recorded Wherof the tennor followes.
Supra Scribitur Anne Regina
Right Trusty and right well beloved Cousin and Councellor, Right Trusty and entirely beloved Cousins and Councellors, Right trusty and well beloved Cousins and Councellors, Right Trusty and weell beloved Councellors, And Trusty and weell beloved Councellors We Greet yow well. Whereas by the last Act of the last Session of our Current Parliament of that our Ancient Kingdome, The same was Adjourned to the seventh day of October next to come, And whereas the state of our affairs doeth not require this meeting so soon; It is our Will and pleasure, And we doe heirby Authorize and require yow, To ishue furth a Proclamation in our name Continueing the Adjournment of that our Parliament, To the Sixteen day of December next ensueing the date of these presents And requiring all the members thereof to attend that day at Edinburgh in the usuall way and under the accustomed Certifications. For doeing wherof this shall be your warrand, And so we bid yow heartily fairweell. Given at our Court Att Windsor Castle the Tuenty fourth day of September 1704 And of our Rigne the Thrid year. By Her Majesties Command Sic Subscribitur Cromertie

1. NRS, PC1/53, 279-280.

1. NRS, PC1/53, 279-280.

Sederunt, 3 October 1704, Edinburgh

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Att Edinburgh the Thrid day of October Jaj vijc and four years1

A1704/10/12

Sederunt

Marquis of Annandale p:C:; Earl of Crafoord; Earl of Mar; Earl of Mortoun; Earl of Buchan; Earl of Lauderdale; Earl of Findlatter; Earl of Leven; Earl of Dunmore; Earl of Roseberry; Earl of Hopetoun; Lord Advocat; Laird of Collingtoun; Laird of Stivenson; Laird of Prestongrange

Att Edinburgh the Thrid day of October Jaj vijc and four years1

A1704/10/12

Sederunt

Marquis of Annandale p:C:; Earl of Crafoord; Earl of Mar; Earl of Mortoun; Earl of Buchan; Earl of Lauderdale; Earl of Findlatter; Earl of Leven; Earl of Dunmore; Earl of Roseberry; Earl of Hopetoun; Lord Advocat; Laird of Collingtoun; Laird of Stivenson; Laird of Prestongrange

1. NRS, PC1/53, 279.

2. NRS, PC1/53, 279.

1. NRS, PC1/53, 279.

2. NRS, PC1/53, 279.

Commission by the Council, 5 September 1704, Edinburgh

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Att Edinburgh the fyfth day of September Jaj vijc and four years

A1704/9/111

Commission by the Council

Commission for Judgeing and trying of John Roy, Elspeth Tulloch and Jannet Dallas for murdering Children

The Lords of her Majesties privie Councill Being informed That John Roy maltman in Nairn, Elspeth Tulloch his servitrix and Jannet Dallas servitrix to John Sinclair in Tumnacroich present prisoners in the Tolbooth of Nairn are alleadged guilty of the horrid cryme of murdering their own Children And considering it will be a great deall of Charges and Expensses to bring the saids John Roy, Elspeth Tulloch and Jannet Dallas to this place in order to a tryall before the Lords Commissioners of Justiciary beside that severall inconveniencies may aryse by their Transportation And the saids Lords Lykewayes Considering That this horrid cryme cannot be tryed and judged by any persons in the Country without a warrand and Commission from their Lordships for that effect, And the saids Lords being desireous to have the said matter brought to a tryall That the persons guilty may receave Condigne punishment and others may be detterred from Committing so horrid a Cryme in tyme Comeing They Doe heirby Give Full power Warrand and Commission To the sherriff principall of Nairn or his Deputs, Heugh Ross of Kilraak, John Forbes of Culloden […] Sutherland of Kirstirie […] Broddy of Aslisk, Heugh Ross of Clava, Alexander Dumbar of Beash, Heugh Ross of Breadlie. And Declaires any three of the saids persons to be a sufficient Quorum, The sherriff principall or Sherrif Depute being allwayes one. To take tryall of and to Judge and doe Justice upon the saids John Roy, Elspeth Tulloch and James Dallas for the said Crime of murdering their oun Children And in order therto, To meet and Conveen att […] the Thrid day of October nixt to Come And there to accept of this present Commission, and upon their acceptance to administrat the oath of fidelity to the persons whom the Lord Justice Clerk or James Montgomery of Langshaw Clerk to the Justice Court as Deput to the said Lord Justice Clerk, Shall nominat Depute and substitute to be Clerk to this present Commission. With power to the saids Commissioners or their said Quorum to Choyse there oun Clerk (for whom they shall be answerable) In case the said Lord Justice Clerk and James Montgomerie shall refuise to Nominat a Clerk in this matter They being first required soe to doe. With power Lykewayes to the saids persons 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 of Indictments at the instance of […] Procurator Fiscall for her Majesties Interest in the said matter against the saids John Roy, Elspeth Tulloch, and Jannet Dallas accused for murdering their oun Children, for summonding and citeing of them upon fyfteen dayes By delyvering to them ane full Coppie of the Lybell of the Indictment, With the names and designationes of the Assyssers and witnesses subjoyned and for citeing the assyssers and witnesses in the ordinary manner, And under the pains and Certifications To Compear before the saids Commissioners heirby Commissionat or their said Quorum att […] With power also to them to amerciat and fyne to uplift for their oun use and behoove, And to adjourn themselves from time to time till the relivance be discussed. To the effect that the pannalls being fully heard. The saids Commissioners or their said Quorum may Judge and determine the said relivancie of the Lybell. And to call ane Inqueist of fourty five persons Who are to be cited on the assyze of the saids pannals, and a list of their names and Designationes given into the saids persons accused with ther Lybells as said is And after discussing of the relivancie of the said Lybell in presence of the saids persons of Inqueist by pronunceing Interloquitor thereon, Out of that number to Choyse ane assyze of Fyfteen And to administrat to them the ordinary oath in the usuall termes. And with power also to the saids Commissioners and sworn Inqueist upon the points that shall be admitted to probation And immediatly thereafter without any Adjournment To remitt the said Lybell and Interloquitor to be given by them anent the relivancie therof 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 them selves. And are appointed to remaine so 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 oun number, And after reading thereon, and Depositiones of the witnesses to be taken in presence of the saids pannells or not, according to the Law as they will be answerable to God and a good Conscience. And that they draw up the verdict accordingly. Bearing what way every assysser doeth vote, and Delyver the samen being first subscryved by the Chancellor or president, To the saids Commissioners or their said quorum Whom they heirby Authorize and Commissionat to advise the haill proces and verdict of the Inqueist, And give and pronunce, Sentance Condemnator or absolvitor, in the said matter, According to Justice And in case the saids persons Shall find the saids pannals guilty of the Crimes laid to their Charge With power to the Saids Commissioners or their said Quorum To Decerne and Adjudge them to be Execute to death within such space and after such a 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 before them against the saids John Roy, Elspeth Tulloch, and Jannet Dallas, And the seaverall steps therof and Verdict of the Inqueist to be given therupon to the saids Lords of her Majesties privie Councill Betuixt and the first day of January nixt to come, To be considered by them. And Discharges the saids Commissioners or their said Quorum To suffer the sentance which shall be pronunced by them against the saids pannals to be put to Execution 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 other 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 said Commissioners or their said Quorum within the space of a moneth after pronunceing and Executing their Sentance in this matter. To report to the Lords Commissioners of Justiciary or to the Clerk of the Councill Court ane authentick Extract under their hands of the said proces, sentance and the manner of Executeing thereof, To the effect the same may be recorded in the books of Justiciary, Which the Clerk to the Criminall Court is hereby requyred to record therein, as he will be answerable. Given Att Edinburgh the fyfth day of September Jaj vijc and four years. Sic Subscribitur Seafield cancellar Sutherland, Mar, Buchan, Eglingtoune, Loudoun, Kintore Dunmore Hyndfoord, W Anstruther, W Morisone, W Cuninghame.

Att Edinburgh the fyfth day of September Jaj vijc and four years

A1704/9/111

Commission by the Council

Commission for Judgeing and trying of John Roy, Elspeth Tulloch and Jannet Dallas for murdering Children

The Lords of her Majesties privie Councill Being informed That John Roy maltman in Nairn, Elspeth Tulloch his servitrix and Jannet Dallas servitrix to John Sinclair in Tumnacroich present prisoners in the Tolbooth of Nairn are alleadged guilty of the horrid cryme of murdering their own Children And considering it will be a great deall of Charges and Expensses to bring the saids John Roy, Elspeth Tulloch and Jannet Dallas to this place in order to a tryall before the Lords Commissioners of Justiciary beside that severall inconveniencies may aryse by their Transportation And the saids Lords Lykewayes Considering That this horrid cryme cannot be tryed and judged by any persons in the Country without a warrand and Commission from their Lordships for that effect, And the saids Lords being desireous to have the said matter brought to a tryall That the persons guilty may receave Condigne punishment and others may be detterred from Committing so horrid a Cryme in tyme Comeing They Doe heirby Give Full power Warrand and Commission To the sherriff principall of Nairn or his Deputs, Heugh Ross of Kilraak, John Forbes of Culloden […] Sutherland of Kirstirie […] Broddy of Aslisk, Heugh Ross of Clava, Alexander Dumbar of Beash, Heugh Ross of Breadlie. And Declaires any three of the saids persons to be a sufficient Quorum, The sherriff principall or Sherrif Depute being allwayes one. To take tryall of and to Judge and doe Justice upon the saids John Roy, Elspeth Tulloch and James Dallas for the said Crime of murdering their oun Children And in order therto, To meet and Conveen att […] the Thrid day of October nixt to Come And there to accept of this present Commission, and upon their acceptance to administrat the oath of fidelity to the persons whom the Lord Justice Clerk or James Montgomery of Langshaw Clerk to the Justice Court as Deput to the said Lord Justice Clerk, Shall nominat Depute and substitute to be Clerk to this present Commission. With power to the saids Commissioners or their said Quorum to Choyse there oun Clerk (for whom they shall be answerable) In case the said Lord Justice Clerk and James Montgomerie shall refuise to Nominat a Clerk in this matter They being first required soe to doe. With power Lykewayes to the saids persons 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 of Indictments at the instance of […] Procurator Fiscall for her Majesties Interest in the said matter against the saids John Roy, Elspeth Tulloch, and Jannet Dallas accused for murdering their oun Children, for summonding and citeing of them upon fyfteen dayes By delyvering to them ane full Coppie of the Lybell of the Indictment, With the names and designationes of the Assyssers and witnesses subjoyned and for citeing the assyssers and witnesses in the ordinary manner, And under the pains and Certifications To Compear before the saids Commissioners heirby Commissionat or their said Quorum att […] With power also to them to amerciat and fyne to uplift for their oun use and behoove, And to adjourn themselves from time to time till the relivance be discussed. To the effect that the pannalls being fully heard. The saids Commissioners or their said Quorum may Judge and determine the said relivancie of the Lybell. And to call ane Inqueist of fourty five persons Who are to be cited on the assyze of the saids pannals, and a list of their names and Designationes given into the saids persons accused with ther Lybells as said is And after discussing of the relivancie of the said Lybell in presence of the saids persons of Inqueist by pronunceing Interloquitor thereon, Out of that number to Choyse ane assyze of Fyfteen And to administrat to them the ordinary oath in the usuall termes. And with power also to the saids Commissioners and sworn Inqueist upon the points that shall be admitted to probation And immediatly thereafter without any Adjournment To remitt the said Lybell and Interloquitor to be given by them anent the relivancie therof 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 them selves. And are appointed to remaine so 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 oun number, And after reading thereon, and Depositiones of the witnesses to be taken in presence of the saids pannells or not, according to the Law as they will be answerable to God and a good Conscience. And that they draw up the verdict accordingly. Bearing what way every assysser doeth vote, and Delyver the samen being first subscryved by the Chancellor or president, To the saids Commissioners or their said quorum Whom they heirby Authorize and Commissionat to advise the haill proces and verdict of the Inqueist, And give and pronunce, Sentance Condemnator or absolvitor, in the said matter, According to Justice And in case the saids persons Shall find the saids pannals guilty of the Crimes laid to their Charge With power to the Saids Commissioners or their said Quorum To Decerne and Adjudge them to be Execute to death within such space and after such a 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 before them against the saids John Roy, Elspeth Tulloch, and Jannet Dallas, And the seaverall steps therof and Verdict of the Inqueist to be given therupon to the saids Lords of her Majesties privie Councill Betuixt and the first day of January nixt to come, To be considered by them. And Discharges the saids Commissioners or their said Quorum To suffer the sentance which shall be pronunced by them against the saids pannals to be put to Execution 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 other 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 said Commissioners or their said Quorum within the space of a moneth after pronunceing and Executing their Sentance in this matter. To report to the Lords Commissioners of Justiciary or to the Clerk of the Councill Court ane authentick Extract under their hands of the said proces, sentance and the manner of Executeing thereof, To the effect the same may be recorded in the books of Justiciary, Which the Clerk to the Criminall Court is hereby requyred to record therein, as he will be answerable. Given Att Edinburgh the fyfth day of September Jaj vijc and four years. Sic Subscribitur Seafield cancellar Sutherland, Mar, Buchan, Eglingtoune, Loudoun, Kintore Dunmore Hyndfoord, W Anstruther, W Morisone, W Cuninghame.

1. NRS, PC1/53, 276-9.

1. NRS, PC1/53, 276-9.