[1649/1/374]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration the supplication given in to them by James Monorgan, lawful son to the late Gilbert Monorgan, sometime of that ilk, making mention that where it was the supplicant's great misfortune in the month of [...] 1648 to accidently kill the late Thomas Jackson, portioner of Carsegrange, for which misfortunate fact he was apprehended and imprisoned within the town of Dundee, where he has remained this very long time past in very great misery; and now the kin and friends of the said late Thomas Jackson, out of certain knowledge that the aforesaid misfortunate fact was committed by him accidently and without any forethought felony, have granted and subscribed to the said supplicant an ample letter of slains, as the same subscribed by Elizabeth Clerk, the mother, and Gilbert Jackson, the only brother of the said late Thomas Jackson, of the date 28 February last, whereby they acknowledged the aforesaid fact and crime to have been accidentally committed by the supplicant, therewith produced bears. And seeing the said supplicant is prisoner within the said tolbooth of Dundee for the aforesaid fact, the magistrates of the said burgh cannot without danger put him to liberty without express warrant for that effect, supplicating therefore that the said estates might be pleased to pity the supplicant's distressed and miserable condition of imprisonment, being a poor, distressed gentleman and having no means to support his natural life so long as he is prisoner, and to give warrant to the provost and bailies of Dundee to put him to liberty out of their said prison house, in respect of the aforesaid letter of slains therewith produced, as at more length is contained in the said supplication. Which supplication, together with the report of the committee of bills concerning their opinion relating thereto, together also with the aforesaid letter of slains granted by the friends of the said late Thomas Jackson in favour of the said supplicant (whereby they acknowledged that the aforesaid slaughter was accidental), being considered by the estates of parliament, the said estates, before warrant be granted to put the supplicant to liberty, ordain report to be made by the magistrates of Dundee to the parliament or to the committee of estates of the true occasion of the aforesaid slaughter and whether or not the same did truly fall out by accident, as is affirmed by the said supplication and acknowledged by the said letters of slains. And for that effect the said estates of parliament hereby give power and commission to the bailies of the said burgh of Dundee, or any two of them, to take true and exact trial of the manner and occasion of the said slaughter and whether the same did fall out upon occasion or ground of any preceding quarrel or forethought felony between the supplicant and the said late Thomas Jackson, or if the same fell out by accident, according to the said supplication and letter of slains aforesaid; and ordain the said bailies of Dundee to make report to the said estates of parliament or committee of estates of the truth and verity of the said matter under their hands and subscriptions. And if the said committee of estates shall find by the aforesaid report that the aforesaid slaughter did fall out accidentally and not upon occasion or ground of any preceding quarrel or forethought felony between the said parties, in that case the said estates of parliament hereby give warrant and power to the said committee of estates to give order and warrant to the magistrates of the said burgh of Dundee to put the said James Monorgan to liberty out of their tolbooth and prison house of Dundee.