Procedure: commission for trying delinquents
Commissioune for trying of the delinquentis

The estates of parliament, now presentlie conveind be vertew of the last act of the last parliament haldine be his matie and thrie estates in anno 1641 yeires, haveing takene to ther consideration that the persones eftirspecified, viz: Sir Johne Gordoun of Haddo, knycht, George Gordoun of Geicht, Johne Dalgarno of Auchmunill, Captain Johne Logie, sone to Mr Andro Logie, sumtyme minister at Rayne, Rodger Lindesay of Maynes, Johne Sturgioun of Torrerie and Williame Maxwell of Midkeltoune are pairtly ceited to appeir before this present parliament, and pairtly takine and apprehendit and now in firmance within the tolbooth of Edinburghe for diverse and sundrie, greate and hayneous crymes alledged committed be them, and that it is expedient they be tryed and examinat of all maner of legall probatione usit aganes them, to the effect that they may be pronunced guiltie or innocent of such crymes as are to be laid to ther chairge and accordinglie censured or declaired frie eftir the tryell to be led aganes them according to ther demeritts. And farder, considdering that for the better effectuating quherof it is necessar that ane commissione be granted to such of ther owne nomber as they shall thinke expedient and such otheres as they shall thinke fit to joyne with them for taking of the said tryell and considdering of the just desertes merited be the foirsaids persones, thairfore they have givine and granted and be thir presentes gives and grantes full power, authoritie and commissione to the particulare persones eftirspecified, viz: Alexander, erle of Linlithgow, Johne, erle of Weymes, Alexander, lord Elphingstoun, Johne, lord Bargany, Sir James Stewart, shirreffe of Boote, Andro Agnew, appeirand of Lochnaw, shereff of Galloway, Maister George Dundas of Maner, Johne Shaw of Grenocke, Robert Mekilljohne, burges of Edinburghe, Robert Arnot, burges of Pearthe, Mr Robert Cunynghame, burges of Kinghorne and Allane Dunlop, burges of Irving, and to Sir Johne Hammiltoune of Orbestoun, knicht, justice clerke, Maisteres Alexander Collvill of Blair and James Robertoun, his maties justice deputts (not as ordinarie judges in the office of justiciarie, but as commissionares delegat be the saids estats of parliament with the remanent commissioneres foirsaids), or to ony quorum of the said nomber of the persones foirsaids being present for the tyme, which quorum shall consist of nyne, quherof tuo being of ilke estate, and of the said justice clerke and justice deputtes, to proceid in the foirsaid tryell againes the saidis persones and to receive dittayes aganes them and discuss the relevancy therof and to receive all lawfull probatione, ather wpoun ther owne depositiones or wpoun the depositiones of witness or other probatione led or to be led aganes them, and accordinglie with power to them to find and decerne the foirsaids persones guilty or innocent according to their owne depositiones or the depositiones of witness and other probatione led or to be led aganes them as said is, without proceiding to the knowledge of ane inquest or assyiss; with full power to the saids commissionares, or such ane nomber of them as is appoynted be ane quorum in maner abovewrittin, to deduce all sort of legall probatione be writ, witness or wther wayes of the competent of the law, and to use repetitione of all former probatione alreddy ledd and depositiones of pairties and witness alreddy received for tryell of the saids crymes; and with power to call the saids delinquentes before them at such dyetts as they shall appoynt to ansuer to the crymes particularly and respective conteyned in the saids dittayes to be givine in aganes them in maner abovewrittin, and, for that effect, if need beis, to direct ther preceptes or sommonds for sommonding of witness wnder the paine of horneing for proveing of the saids crymes aganes the saidis delinquentes; and the saidis estates of parliament be thir presentes dischairges the saidis commissioneres and ther quorum foirsaid to pronunce any sentance of censure or punishment aganes the foirsaids persones, bot ordeanes them to report betuixt and the nynteine day of Junii instant what they find aganis the foirsaids persones eftir tryell to the saids estates of parliament, quha, be thir presentes, hes reserved the soll and only power of censureing and punishing of them in ther owne hand.

  1. NAS. PA2/23, f.8v-9r. Back