Procedure: commission
Commissione for tryell of Helene Moyes

Our soverane lord and estates of parliament, being informed that Helene Moyes in Errol being suspect to have beene with child in the moneth of September or therby jM vjC fourtie yeires, and that wpoun the foirsaid suspition there being search and tryell made within and about the duelling house of Helene Duncane in Erroll, mother to the said Helene Moyes, where shoe remained, and that efter exact searchinge ther was fund covered wnder the earth at the neuke of the said house the fleshe and bones of ane young infant, quhilke being remonstrat to the late committie of estates reseiding at Edinburgh, they did grant commissione to certane barrones and gentlemene within the parochine of Erroll to take all tryell possible for discoverie of the foirsaid fact and for bringing the samene to leight; conforme to the whilke commissione, exact tryell being takine and reported to the said committie of estates upoun the fourteene day of Julii last, quhilke report being considerit be them, they did ordeane the said Helene Moyes to be transported to the tollboothes of Edinburghe or Pearth to be keeped in firmance till farder order wer givine for puting of the said mater to a farder tryell. And sieing the tryell and punishment of the foirsaid fact may be most properlie and convenientlie done in these boundis where the samene hes bene committed and be these persones who have formerlie takine tryell therintill as being best acquant with the treuth and circumstances therof, therfor, our said soverane lord and estates of parliament does heerby grant full power and commissione from them to Sir Patrike Ogilvie of Inchmairteene, kyncht, Sir Thomas Blair of Balthyoke, Sir Peiter Hay of Meginshe, baillie of Erroll, Peiter Hay of Leyes, Williame Kinman of Hill and Patrike Broune of Horne, or any three of them, as judges deligat be his majestie and the parliament to the effect above and eftirspecifiit, with Maister Henry Kinrose, shereffe clerke of Pearth, or his deput, to be clerke to the saidis judges to take and use all further tryell, inseight and examinatione necessare for the cleere discovery of the foirsaid murther and bringing of the same to light and to use all laufull meanes and wayes necessar for cleering and discoverie thairof; and efter full tryell and examinatione takine thairintill, with pouer to the saidis judges or any three of them to put the said mater to the knowledge and tryell of ane assyse and inqueist, and, according to the verdite of the said inqueist, with power to the saidis judges to absolve or condemne the said Helene Moyes, according as the said assyse shall find her innocent or guilty; and if shoe shall be fund guiltie, with pouer to the saidis judges to cause put her to executione and execute doome and sentance wpoun hir, according to the lawes of the cuntrie, and for that effect these grantes power and warrand to the saidis judges or ane thrie of them to affix, sit and hold courtes in the said mater and to creat and constitute all memberes of courte necessar, and to atteache the said delinquent, chairge and sommond witness and persons of inqueist for cognosceing of the foirsaid fact and murther, and the absentes to amerciat and wnlaw, and the samene wnlawes to exact and uplifte, and the saidis justice courts to fence, adjorne and continowe to such dyetes as they shall find expedient, and generally with pouer to them to doe and exerce everie thing necessare conserneing the premiss, or quhilke righteouslie or laufully may be done thairanent; quhairanente thir presentes shall be to the saidis judges, ther clerk and all otheres whom the samene may conserne ane sufficient warrand.

  1. NAS, PA2/22, f.130v-131r. Back