Warrant, 23 January 1705, Edinburgh

Act, 12 March 1705, Edinburgh

Att Edinburgh the Twentie third day of January Jaj vijc and fyve yeirs

A1705/1/211

Warrant

Warrand for transporting four women from Aberdeen to be tryed befor the Justice Court

Anent the petition given in and presented to the Lords of her Majesties privie Counsell By Andrew Fraser of Kinnmundie and George Keith of Clackriach Shirreff deputs of Aberdeen, Shewing that wher ther four women then prisoners In the Tollbooth of Aberdeen for the alleadged crymes of murdering their own children Viz Elizabeth Archibald In the parish of Banchory, Christian Mair in the parish of Aberdour Isobell Walker in the parish of Kinairnie, and Isobell Law in the parish of New-Machar, and who wer Sent in to the petitioners as Shirreffs of the Shyre and have continued in prisone for a considerable tyme, And who truly have nothing wherby to maintaine themselves, except what wee allow them out of charitie And Seeing it was highly reasonable that they Should be brought wnto a tryall which the petitioners conceaved themselves not capable to doe, unless they wer for that end Impowered by the saids Lords, as was usuall to be done in the lyke cases, or otherwayes that they Should be brought South, and tryed heir befor the Lords of Justiciary, And therfor Craving it might please the saids Lords to consider the premisses, and to ordaine the forsaids persons either to be transmitted heir to Edinburgh from Shirreff to Shirreff, or otherwayes to grant warrand and Commission to the petitioners, and such others as the saids Lords should please to adjoyne for Judgeing the saids persons and bringing them to a legall tryall, with power and warrand to them for granting warrand to cite wittnesses and assyzers, and to doe all other things requisite theranent, which are usuall In the lyke case, as the said petition bears, The Lords of her Majesties privie Counsell haveing upon the Sixteenth day of January instant Considered the said petition given in to them by the saids shirreff deputs of Aberdeen, and the Same being read in ther presence, They delayed the advyseing therof, Lykeas upon the day and date of ther presents, The saids Lords of her Majesties priviy Counsell haveing again considered the said petition given in to them by the saids shirreff deputs of Aberdeen, and the Samen being read in their presence, The Saids Lords doe heirby Appoynt and Ordaine the four women mentioned in the said petition prisoners in the Tollbooth of Aberdeen To be brought over to Edinburgh from Shirreff to Shirreff to be tryed befor the Justice Court their, and Recommends to Sir James Steuart her Majesties Advocat to Judge and prosecute them accordingly, And Ordains the Magistrats of Edinburgh to receive them prisoners when they come accordingly.

At Edinburgh 23 January 1705

A1705/1/211

Warrant

Warrant for transporting four women from Aberdeen to be tried before the justiciary court

Concerning the petition given in and presented to the lords of her majesty’s privy council by Andrew Fraser of Kinmundy and George Keith of Clackriach, sheriff deputes of Aberdeen, showing that where the four women then prisoners in the tolbooth of Aberdeen for the alleged crimes of murdering their own children viz Elizabeth Archibald in the parish of Banchory, Christian Mair in the parish of Aberdour, Isobel Walker in the parish of Kinearny, and Isobel Law in the parish of New Machar, and who were sent in to the petitioners as sheriffs of the shire, and have continued in prison for a considerable time, and who truly have nothing whereby to maintain themselves, except what we allow them out of charity. And seeing it was highly reasonable that they should be brought to a trial, which the petitioners conceived themselves not capable to do, unless they were for that end empowered by the said lords, as was usual to be done in the like cases, or otherwise that they should be brought south, and tried here before the lords of justiciary, and therefore craving it might please the said lords to consider the premises, and to ordain the foresaid persons either to be transmitted here to Edinburgh from sheriff to sheriff, or otherwise to grant warrant and commission to the petitioners, and such others as the said lords should please to adjoin, for judging the said persons and bringing them to a legal trial, with power and warrant to them for granting warrant to cite witnesses and assizers, and to do all other things requisite thereon, which are usual in the like cases, as the said petition bears. The lords of her majesty’s privy council having upon 16 January instant considered the said petition given in to them by the said sheriff deputes of Aberdeen, and the same being read in their presence, they delayed the advising thereof. Likewise upon the day and date of these present, the said lords of her majesty’s privy council having again considered the said petition given in to them by the said sheriff deputes of Aberdeen, and the same being read in their presence, the said lords do hereby appoint and ordain the four women mentioned in the said petition, prisoners in the tolbooth of Aberdeen, to be brought over to Edinburgh from sheriff to sheriff to be tried before the justice court there, and recommends to Sir James Stewart, her majesty’s advocate, to judge and prosecute them accordingly. And ordain the magistrates of Edinburgh to receive them prisoners when they come accordingly.

1. NRS, PC1/53, 348-9.

1. NRS, PC1/53, 348-9.