[1641/8/136]¹

Procedure: commission

Commission to the Lord Almonte and his baillie to ane assyse

The quhilk day James, lord Almont exhibit and producit in oppine and plaine parliament in presence of his majestie and estates of parliament this paper falloweing: At Faullkir, the tuentie nyne day of October 1641 yeires, the quhilke day in presence of the right honorable Williame Liveingstoune of Westquarter, baillie to ane noble and potent Lord James, lord Almont and Callender, compeired James Sandilandis in Warrandhill and accusit Johne Jervie, younger, in Castlecairne, for steilling of ane blake horse of thrie yeere old from the said James furth of ane stable in Lanerke upoun the eighteine of October instant, the said horse being sadlit and brydlit; and the said Johne Jervie, being apprehendit and takine within the burghe of Faulkirke wpoun the tuentie eight day of October instant, and being imprisoned, and compeirand in judgment this day and being examinat anent the steilling of the said horse, confessit the steilling and taking away of the said horse the foirsaid day and forth of the said stable in Lanarke, and declaired that he brought the said horse to Bonnockburne wher he sold him to Johne Dounie for fourtie merkis one shillingis money for sadle, and alltogidder confess lykewayes that he stoll ane gray stage of tuo yeir old from James Weir at Carloke, the said staige being tedderit at the bake of the kirke yaird upoun the xxij of October instant, and that he niffered that staige with ane Johne Buchanane and that he gott tuentie pundis money and ane horse worth tuentie merkis, and that he agreed with the said James Weir (being challenged) and gave him fyftie pundis for the said staige. And being accused be James Scott at Killsythe for steilling of ane gray horse of four yeir old, the space of eight dayes or therby before fastingevine lastbypast, off the grasse at Killsythe, and whilke horse he had sold to James Shawe in Boge, the said John Jervie confess the selling of ane gray horse to the said Johne² Shawe within the burghe of Linlithgow for fourtie merkis sex shillingis eight pennyes, bot denyes that he stoll that horse bot declaired that he bought him from ane Alester Buchanane upoun ane Mononday at ellevine houres beforenoone ane mylle on the northsyd of Glasgowe, goeing to the mercat therof, and that he payed tuentie sex pundis ten shillingis for the said horse and that he had ane rashe colthellter in his head, and that he came with the said horse to Skeathmure one the Tuysday nixt thaireftir. Quhilke paper, conteyneing the confessione and declaratione abovementionat, being publictlie red in audience of his majestie and estates of parliament and the samene being tane in consideracion be them, his majestie and estates of parliament foirsaidis gives and grantes pouer and commissione to the said James, lord Almont, or his baillie of the regalitie and barronie of Faulkirk and Callender, to put the said Johne Jervie, younger, delinquent abovedesignit, to the knowledge and tryell of ane assyse and inquest, and according to the veredict of the said inqueist to absolve or condemne the said Johne Jervie delinquent, according as the said assyse shall find him innocent or guilty wpoun the foirsaid dittay, confessione and declaratione abovementionat, and if he shall be fund guilty, with pouer to them to cause put him to executione and execut dome and sentance wpoun him accordinglie conforme to the lawes of the cuntrie in the lyike caiss; and for this effect, grantes pouer and warrand to the said James, lord Almont, or his baillie foirsaid, to affix, sit and hold courtes and to creat all memberes of court necessar and to attache the said delinquent, chairg and sommond witneses if neid beis and persons of inqueist for cognoscing of the mater and fact abovespecefit, and the absentes to amerciat and wnlaw and the samene wnlawes to exact and wplifte, and the saidis courtes to fense, adjorne and continowe to sicke dyetes as shall be fund expedient, and generally with pouer to doe and exerce everie thing necessar conserneing the premiss which righteouslie or laufullie may be done anent the premiss conforme to the lawes and practique of this kingdome in the lykecaises, quhairanent thir presents shall be ane sufficient warrand.