Procedure: commission
Commission to [James Livingstone], lord Almond and [William Livingstone of Westquarter], his bailie, to an assize

The which day James, lord Almond exhibited and produced in open and plain parliament in presence of his majesty and estates of parliament this paper following: At Falkirk, 29 October 1641, the which day in presence of the right honourable William Livingstone of Westquarter, bailie to a noble and potent James, lord Almond and Callander, compeared James Sandilands in Warrandhill and accused John Jervie, younger, in Castlecairne, for stealing of a black horse of three year old from the said James out of a stable in Lanark upon 18 October instant, the said horse being saddled and bridled; and the said John Jervie, being apprehended and taken within the burgh of Falkirk upon 28 October instant, and being imprisoned, and compearing in judgment this day and being examined regarding the stealing of the said horse, confessed the stealing and taking away of the said horse the foresaid day and out of the said stable in Lanark, and declared that he brought the said horse to Bannockburn where he sold him to John Downie for 40 merks 1s for saddle, and altogether confessed likewise that he stole a gray staig of two year old from James Weir at Carluke, the said staig being tethered at the back of the kirkyard upon 22 October instant, and that he bartered that staig with a John Buchanan and that he got £20 and a horse worth 20 merks, and that he agreed with the said James Weir (being challenged) and gave him £50 for the said staig. And being accused by James Scott at Kilsyth for stealing of a grey horse of four year old, the space of eight days or thereby before fasting eve last, off the grass at Kilsyth, and which horse he had sold to James Shaw in Boge, the said John Jervie confessed the selling of a grey horse to the said John Shaw within the burgh of Linlithgow for 40 merks 6s 8d, but denies that he stole that horse but declared that he bought him from an Alastair Buchanan upon a Monday at 11 o'clock before noon a mile on the north side of Glasgow, going to the market thereof, and that he paid £26 10s for the said horse and that he had a rush colt halter on his head, and that he came with the said horse to Skaithmuir on the Tuesday next thereafter. Which paper, containing the confession and declaration above-mentioned, being publicly read in audience of his majesty and estates of parliament and the same being taken in consideration by them, his majesty and estates of parliament foresaid give and grant power and commission to the said James, lord Almond, or his bailie of the regality and barony of Falkirk and Callander, to put the said John Jervie, younger, delinquent above-designed, to the knowledge and trial of an assize and inquest, and according to the verdict of the said inquest to absolve or condemn the said John Jervie delinquent, accordingly as the said assize shall find him innocent or guilty upon the foresaid indictment, confession and declaration above-mentioned, and if he shall be found guilty, with power to them to cause put him to execution and execute doom and sentence upon him accordingly according to the laws of the country in the like case; and for this effect, grant power and warrant to the said James, lord Almond, or his bailie foresaid, to affix, sit and hold courts and to create all members of court necessary and to arrest the said delinquent, charge and summon witnesses if need be and persons of inquest for examining of the matter and fact above-specified, and the absents to fine and impose financial penalties and the same fines to exact and uplift, and the said courts to fence, adjourn and continue to such diets as shall be found expedient, and generally with power to do and exercise everything necessary concerning the premises which righteously or lawfully may be done regarding the premises according to the laws and practice of this kingdom in the like cases, for the which this commission shall be a sufficient warrant.

  1. NAS, PA2/22, f.146v-147r. Back
  2. Defined in DSL as a young horse of one to three years, especially one not broken or separated from the herd. Back
  3. Sic. Back