Undecima dies sessionis parliamenti
[1641/7/53]*[print] [email] [cite] [preceding] [following]
Rolles called and prayeris said.
Anente the supplicatione presentit for the Erle of Montroise, craveing advocatis to be commandit to consult and plead for him and that the supplicant may have libertie to meit with Naper, Keir and the Laird of Blakehall to advyse wpoun the commoune defence.
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This supplicatione being red in audience of the estates of parliament they appoynt all the advocatis whome the supplicant shall employ (except these who are imployed for the perswar) to consult with the Erle of Montroise, and declaires that they will have consideratione what advocatis shall be allowed to plead for him when the proces cumes to be agitated and disputed and that it be determined whither the mater shall bee determined viva voce or scripto; and for the second part of the bill findis that the Erle of Montroise aught not to meit with the other three who are not yit citit. And als the estates findis it expedient that ane committie be appoynted for considering the proces and for more probatione againes these persones in the castle, and if it be necessar that Montroise be farder interrogat, and in that caise of farder interrogatione, to draw up the interrogatouris, and that all expeditione may be usit for giveing citatione to the Lord Naper, lairdis of Keir and Blakhall and Walter Stewart, and nothing to be determined in this committie befor the samene be reported in parliament. Lykeas the estates of parliament nominatis and appoyntes the persones wnderwrittin for this commitie anent these in the castle, viz: for the nobilitie, Sutherland, Forrester, Balmerino and Burghlie; for the barones, Giffin, Innes, Langtoun and Erlestoun; for the burrowes, the comissioneris of Kirkcaldie, Dysert, Innernes and Kirkecudbrighe, with Maister Adame Hepburne of Humbi, and gives power to this committie to call to them any nomber of parliament they please to nominat, and appoyntis this committie to meit in the laich exchequer hous to consider the proces and former probatioune and to draw wp interrogatouris againes Montroise if they find it necessar that be farder examinat, as also to give order for sommonding the Lord Naper, the lairdis of Keir, Blackhall and Walter Stewart, and grantes them power to doe every thing necessar and expedient in the premiss and to report to the parliament bot not to determine be themselves.
[1641/7/55]*[print] [email] [cite] [preceding] [following]
Maister Thomas Nicolsone, one of the procuratouris for the estates, declaired that he insistit at this tyme againes the Erle of Traquair, Sir Johne Hay, clerke register, Sir Robert Spotisswood [...] and Maister Johne Maxwell, sometyme pretendit beshope of Ros, and produced somondis with the executiones therof.
The defenderis abovenamed being thryse publictlie callit at the publicke places and doores of the parliament house, and none compeirand for ony of theme, but all of theme being absent, quharupon and haill premiss the said Maister Thomas Nicolsone askit instrumentis.
The estates of parliament nominatis and appoyntes the committie wnderittine for the incendiaries, viz: for the nobilitie, the Erles of Argyle, Eglingtoune, Cassillis and Findlater and the Lordis Yester and Sinclare; for the barrones, the lairdis of Morphie, Stitchell, Lag, Auchinleck, Elibank and Kerse; for the burrowis the commissioneris of Pearth, Aberdeene, Montrois, Drumfreis, Haddington and Bamffe, or any thrie of ilke estat, whilke is the equall halfe of the haill nomber abovenamed to be the quorum, to be ane committee from the estates of parliament for the incendaries, and anent the sommondis and proces againes them and what may concerne the samene; with pouer to them or the quorum foirsaid to ordeane the procuratoris for the estate to put the sommondis and proces in order and to take ane accompt of the saidis procuratouris ther diligence therof. Item, to get a list of the names of all these who are necessarie to be witness aganes any of the incendaries. Item, to cause draw up preceptis for sommonding the saids witness to suche dayes as they please and the preceptis to be subscryved by the preeses of the parliament at a certain time other than the present or in the present. Item, to designe the witness out of the cuntrie that commissione may be granted for them. Item, to examine the witness who shall compeir wpoun oath or wtherwayes. Item, if the witness compeir not, to represent the same to the parliament that they may direct preceptis for apprehending and wairding them or take any other course the parliament shall thinke fitting. Item, to take any other probatione whilke the committie or quorum therof shall find right and legall, with pouer also to doe all and everie thing which they thinke necessarie for the busines, provyding they doe not determine but report to the parliament, and ordeanes the committie to appoynt dyetis and keepe meitingis at all conveuient tymes to the effect before rehearsed.