[1641/8/85]¹

Procedure: commission

Commission for trial of Helen Moyes

Our sovereign lord and estates of parliament, being informed that Helen Moyes in Erroll being suspected to have been with child in the month of September or thereby 1640, and that upon the foresaid suspicion there being search and trial made within and about the dwelling house of Helen Duncan in Erroll, mother to the said Helen Moyes, where she remained, and that after exact searching there was found covered under the earth at the neuk of the said house the flesh and bones of a young infant, which being remonstrated to the late committee of estates residing at Edinburgh, they did grant commission to certain barons and gentlemen within the parish of Erroll to take all trial possible for discovery of the foresaid fact and for bringing the same to light; according to the which commission, exact trial being taken and reported to the said committee of estates upon 14 July last, which report being considered by them, they did ordain the said Helen Moyes to be transported to the tolbooths of Edinburgh or Perth to be kept in custody until further order were given for putting of the said matter to a further trial. And seeing the trial and punishment of the foresaid fact may be most properly and conveniently done in those bounds where the same has been committed and by those persons who have formerly taken trial therein as being best acquainted with the truth and circumstances thereof, therefore our said sovereign lord and estates of parliament do hereby grant full power and commission from them to Sir Patrick Ogilvie of Inchmartine, knight, Sir Thomas Blair of Balthayock, Sir Peter Hay of Megginch, bailie of Erroll, Peter Hay of Leys, William Kinman of Hill and Patrick Brown of Horne, or any three of them, as judges delegated by his majesty and the parliament to the effect specified above and below, with Master Henry Kinross, sheriff clerk of Perth, or his depute, to be clerk to the said judges to take and use all further trial, insight and examination necessary for the clear discovery of the foresaid murder and bringing of the same to light and to use all lawful means and ways necessary for clearing and discovery thereof; and after full trial and examination taken therein, with power to the said judges or any three of them to put the said matter to the knowledge and trial of an assize and inquest, and, according to the verdict of the said inquest, with power to the said judges to absolve or condemn the said Helen Moyes, accordingly as the said assize shall find her innocent or guilty; and if she shall be found guilty, with power to the said judges to cause put her to execution and execute doom and sentence upon her, according to the laws of the country, and for that effect this commission grants power and warrant to the said judges or any three of them to affix, sit and hold courts in the said matter and to create and constitute all members of court necessary, and to arrest the said delinquent, charge and summon witness and persons of inquest for examining of the foresaid fact and murder, and the absents to fine and the same fines to exact and uplift, and the said justice courts to fence, adjourn and continue to such diets as they shall find expedient, and generally with power to them to do and exercise everything necessary concerning the premises, or which righteously or lawfully may be done relating thereto; concerning which, this commission shall be to the said judges, their clerk and all others whom the same may concern a sufficient warrant.