in the said first year of the reign of our said Lord the King, and in the year of our Lord one thousand eight hundred and twenty. C. HOPE, S. COPY of the Circuit Paper, as approved by the Commissioners, Scotland.-Special Commission of Oyer and Terminer, 1st George Fourth, 1820. Stirlingshire.-Friday, June 23d, at Stirling. Stirlingshire.-Precept to Sheriff for Grand Jury. Stirlingshire, to wit.-David Boyle, Esquire, Justice Clerk of our Lord the King, in that part of the united kingdom of Great Britain and Ireland called Scotland; George Fergusson, Esquire, of Hermand; Adam Gillies, Esquire, of Gillies; David Monypenny, Esquire, of Pitmilly; Archibald Campbell, Esquire, of Succoth; and Alexander Maconochie, Esquire, of Meadowbank; Commissioners of our Lord the King, of Justiciary, in that part of the united kingdom of Great Britain and Ireland called Scotland, Justices and Commissioners of our said Lord the King, assigned by letters patent of our said Lord the King, under the Great Seal of the united kingdom of Great Britain and Ireland, made by virtue of, and according to, the form of the Statute made in the seventh year of the reign of the Lady Anne, late Queen of Great Britain, &c., entitled, "An Act for improving the Union of the two Kingdoms," to us and others, in the same letters patent named, and to any two or more of us, and them directed (of whom our said Lord the King willed that one of us, the said David Boyle, or the Justice Clerk for the time being, George Fergusson, Adam Gillies, David Monypenny, Archibald Campbell, and Alexander Maconochie, or the Commissioners of Justiciary for the time being, should be one,) to inquire, by the oath of good and lawful men of the county of Stirling, in that part of the united kingdom of Great Britain and Ireland called Scotland, and by other ways, means, and methods, by which we and others, our fellows, Justices and Commissioners aforesaid, shall or may better know, as well within liberties as without, by whom the truth of the matter may be better known and inquired into, of all high treasons, and misprisions of high treason, within the shire or county aforesaid, as well within liberties as without, by whomsoever, and in what manner soever, and by whom, when, how, and after what manner done, committed, or perpetrated, and of all other articles and circumstances concerning the premises, and every of them, or any of them, in any manner whatsoever; and the same high treasons, and misprisions of high treason, according to the form of the statute, to hear and determine. To the Sheriff of the county of Stirling aforesaid, greeting-We, on the behalf of our said Lord the King, do command you, firmly enjoining you, that you do not omit, by reason of any liberty in your Bailiwick, but that you cause to come before us and others, our fellows, Justices and Commissioners aforesaid, in the said letters patent named and assigned, or before any two or more of us and them, (of whom our said Lord the King willed that one of us, the said David Boyle, or the Justice Clerk for the time being, George Fergusson, Adam Gillies, David Monypenny, Archibald Campbell, and Alexander Maconochie, or the Commissioners of Justiciary for the time being, should be one,) at the town of Stirling, in your said county, on Friday, the twenty-third day of June inst., at the hour of nine in the forenoon of the same day, twenty-four good and lawful men of your said county, to inquire, present, do, and execute, all and singular those things with which they shall be then and there charged and enjoined, and that you give notice to all Justices of the Peace, and Chief Constables, in your said county, that they be then and there in their proper persons, to do whatsoever to their respective offices in this behalf appertains to be done; and that you have then and there the names of the said Jurors, Justices of the Peace, and Chief Constables; and also that this Precept, given under our hands and seals at Edinburgh, the sixth day of June, in the first year of the reign of our Sovereign Lord, George the Fourth, by the grace of God of the united kingdom of Great Britain and Ireland King, Defender of the Faith, and in the year of our Lord one thousand eight hundred and twenty : D. BOYLE, AD. GILLIES. D. MONYPENNY, ARCHD. CAMpbell. ALEX. MACONOCHIE. The Sheriff's return on the back of the above Precept. "The execution of this Precept appears by the schedules hereto annexed. "The answer of "R. MACDONALD, Sheriff Depute." STIRLING. 23d June, 1820. Stirlingshire.-At a special Session of Oyer and Terminer, holden in, and for the County of Stirling, at the town of Stirling, in the said county, on Friday, the twentythird of June, in the first year of the reign of our Sovereign Lord George the Fourth, by the grace of God of the united kingdom of Great Britain and Ireland King, Defender of the Faith, before Charles Hope, Esquire, President of the College of Justice of our said Lord the King, in that part of the united kingdom of Great Britain and Ireland, called Scotland; the Right Honourable David Boyle, Esquire, Justice Clerk of our said Lord the King, in the aforesaid part of the said united kingdom; the Right Honourable Sir Samuel Shepherd, Knight, Chief Baron of our said Lord the King, of his Court of Exchequer, in the aforesaid part of the said united kingdom; the Right Honourable William Adam, Esquire, Chief Commissioner of the Jury Court in Civil Causes, in the aforesaid part of the united kingdom; and George Fergusson, Esquire, of Hermand, and Adam Gillies, Esquire, of Gillies, two of the Commissioners of our said Lord the King, of Justiciary, in the aforesaid part of the said united kingdom, and others their fellows, Justices and Commissioners of our said Lord; The Minister delivered a prayer to the Court and auditory; The Cryer made proclamation and opened the Court. Mr Thomas George Knapp, as Clerk to the Commission, informed the Lords Commissioners, that there were two commissions, one in Latin, and the other in English; they were both laid on the Table, and their Lordships directed that the English Commission should be read. The Clerk then read the English Special Commission, of Oyer and Terminer, as directed by the Court. James Rae, of Parliament Square, Edinburgh, was appointed Cryer of the Court; John Morison, a Macer of the High Court of Justiciary, was appointed to take care of the respective witnesses, and deliver the several bills to the Macer attending the Grand Jury; and William Green, a Macer of the Jury Court, was appointed to attend upon, and deliver the respective bills to the Grand Jury. The Clerk laid before their Lordships a letter from Lord Sidmouth, Secretary of State, to the Lord President of the Court of Session, dated 31st May, 1820; and their Lordships directed, that such letter should be entered in the minutes of the Court. The following is a copy of such letter: "MY LORD, "Whitehall, 31st May, 1820. "His Majesty, having been pleased to issue a Commission of Oyer and Terminer, under the Great Seal of Great Britain, for the trial of High Treasons, in the shires of Stirling, Lanark, Dumbarton, Renfrew, and Ayr, directed to the Lord Justice General, your Lordship, the Lord Justice Clerk, the Lord Chief-Baron, the Lord Chief-Commissioner of the Jury Court, and the five Lords of Justiciary, of whom, any two are competent to form a Court, provided the Lord Justice-Clerk, or one of the Lords of Justiciary, be one,-I am to signify to your Lordship, the King's pleasure, that the business of this Commission shall be transacted so as to interfere as little as possible with the ordinary business of the Courts of Law in North Britain; and with this view, not more than two of the Lords of Justiciary, besides the Lord Justice-Clerk, shall sit at any one time, which two shall be the two seniors, if health and other circumstances shall permit, and in default of either of them, his place shall be supplied by the next in seniority. "I have the honour to be, 66 My Lord, "Your Lordship's most obedient, humble servant, "SIDMOUTH." The Cryer made proclamation for the Sheriff, to deliver his returns to their Lordship's precept. The Sheriff delivered in to the Senior Judge, that precept and his returns thereon, which were delivered by the Judge to the Clerk. The returns consisted of a Calendar of all the prisoners; a list of the Magistrates of Stirlingshire, and a list of the Grand Jury, all on parchment, with a return that there were no high constables in that county. The Clerk then called over the names of the Justices, and marked those who appeared, and answered to their names. The Cryer made proclamation for the attendance of the Grand Jury. The Clerk then called over the names of the Grand Jury, and marked the numbers on the pannel against the names of those who appeared; the Cryer repeating those names. They were as follows:-The Honourable Mr Abercromby having been previously approved of and appointed Foreman by the Court: 1. The Honourable GEORGE ABERCROMBY. 2. Sir THOMAS LIVINGSTONE, Bart. 3. Sir JAMES RIDDELL, Bart. 4. PETER SPIERS, Esq. 5. WILLIAM MOREHEAD, Esq. 6. NINIAN LEWIS, Esq. |