Regarding the supplication presented for [James Graham], earl of Montrose, craving advocates to be commanded to consult and plead for him and that the supplicant may have liberty to meet with [Archibald Napier, lord] Napier, [Sir George Stirling of] Keir and [Sir Archibald Stewart], laird of Blackhall to advise upon the common defence.
[1641/7/54]*[print] [email] [cite] [preceding] [following]
This supplication being read in audience of the estates of parliament they appoint all the advocates whom the supplicant shall employ (except those who are employed for the pursuer) to consult with [James Graham], earl of Montrose, and declare that they will have consideration what advocates shall be allowed to plead for him when the process comes to be discussed and disputed and that it be determined whether the matter shall be determined by voice or in writing; and for the second part of the bill find that the Earl of Montrose ought not to meet with the other three who are not yet cited. And also the estates find it expedient that a committee be appointed for considering the process and for more probation against those persons in the castle, and if it be necessary that Montrose be further interrogated, and in that case of further interrogation, to draw up the interrogatories, and that all expedition may be used for giving citation to [Archibald Napier], lord Napier, lairds [Sir George Stirling] of Keir and [Sir Archibald Stewart of] Blackhall and [Lieutenant Colonel] Walter Stewart, and nothing to be determined in this committee before the same be reported in parliament. Likewise the estates of parliament nominate and appoint the persons underwritten for this committee regarding those in the castle, namely: for the nobility, [John Gordon, earl of] Sutherland, [George Forrester, lord] Forrester, [John Elphinstone, lord] Balmerino and [Robert Balfour, lord Balfour of] Burleigh; for the barons, [Sir Henry Montgomery of] Giffen, [Sir Robert Innes of] Innes, [Sir William Cockburn of] Langton and [Alexander Gordon of] Earlston; for the burghs, [John Williamson], commissioner of Kirkcaldy, [William Simpson, commissioner for] Dysart, [James Rose of Merkinsche, commissioner for] Inverness and [William Glendinning of Gelstoun, commissioner for] Kirkcudbright, with Master Adam Hepburn of Humbie, and give power to this committee to call to them any number of parliament they please to nominate, and appoint this committee to meet in the lower exchequer house to consider the process and former probation and to draw up interrogatories against Montrose if they find it necessary that he be further examined, as also to give order for summoning the Lord Napier, the lairds of Keir, Blackhall and Walter Stewart, and grant them power to do everything necessary and expedient in the premises and to report to the parliament but not to determine by themselves.
[1641/7/55]*[print] [email] [cite] [preceding] [following]
Master Thomas Nicolson, one of the procurators for the estates, declared that he insisted at this time against [John Stewart], earl of Traquair, Sir John Hay [of Bara], clerk register, Sir Robert Spottiswood [of Dunipace] and Master John Maxwell, sometime pretended bishop of Ross, and produced summons with the executions thereof.
The defenders above-named being thrice publicly called at the public places and doors of the parliament house, and none compearing for any of them, but all of them being absent, whereupon and whole premises the said Master Thomas Nicolson asked instruments.
The estates of parliament nominate and appoint the committee underwritten for the incendiaries, namely: for the nobility, [Archibald Campbell], earl of Argyll, [Alexander Montgomery, earl of] Eglinton, [John Kennedy, earl of] Cassilis and [James Ogilvie, earl of] Findlater and [John Hay], lord Yester and [John Sinclair, lord] Sinclair; for the barons, the lairds [Sir Robert Graham] of Morphie, [Robert Pringle of] Stichill, [Sir Robert Grierson of] Lag, [Sir Duncan Campbell of] Auchinbreck, [Sir Patrick Murray of] Elibank and [Sir Thomas Hope of] Kerse; for the burghs [Robert Arnott], commissioner of Perth, [Patrick Leslie, commissioner for] Aberdeen, [James Scott of Logie, commissioner for] Montrose, [John Irvine, commissioner for] Dumfries, [Master George Gray, commissioner for] Haddington and [Master Alexander Douglas of Downies, commissioner for] Banff, or any three of each estate, which is the equal half of the whole number above-named to be the quorum, to be a committee from the estates of parliament for the incendiaries, and regarding the summons and process against them and what may concern the same; with power to them or the quorum foresaid to ordain the procurators for the estate to put the summons and process in order and to take an account of the said procurators their diligence thereof. Item, to get a list of the names of all those who are necessary to be witnesses against any of the incendiaries. Item, to cause draw up precepts for summoning the said witnesses to such days as they please and the precepts to be subscribed by [Robert Balfour, lord Balfour of Burleigh], president of the parliament, at a certain time other than the present or in the present. Item, to design the witnesses out of the country that commission may be granted for them. Item, to examine the witnesses who shall compear upon oath or otherwise. Item, if the witnesses compear not, to represent the same to the parliament that they may direct precepts for apprehending and warding them or take any other course the parliament shall think fitting. Item, to take any other probation which the committee or quorum thereof shall find right and legal, with power also to do all and every thing which they think necessary for the business, providing they do not determine but report to the parliament, and ordain the committee to appoint diets and keep meetings at all convenient times to the effect before rehearsed.