20 May 1650

On the fifth day of parliament

[Examination of the earl of Montrose and others; remit and membership of committee for dispatches extended; sentence pronounced against the earl of Montrose]

Prayers heard and rolls called.

The estates of parliaments appoint the committee who examined James Graham, [earl of Montrose] to enquire of Lieutenant Colonel Wallace and others if any thing of matters of importance has passed between him and James Graham since his going to prison, and, if need be, to examine James Graham and interrogate him further upon those particulars.

The estates of parliament give the same power to the committee appointed for examination of prisoners as was given to the committee of processes in former parliaments, and add one of every estate, who shall be named by the several bodies to the said committee, and ordain them to examine and report. And further ordain them to intimate to Lieutenant Colonel Sibbald that if he does not give them satisfaction with his examination, that then the parliament will ordain him to be tortured.

The doom and sentence of forfeiture against James Graham, [earl of Montrose] pronounced to him and ordained to be put to execution in manner therein mentioned.

  1. NAS. PA3/2, f.5r. Back
  2. 'Bodies' written in the margin. Back
  3. NAS. PA3/2, f.5r-5v. Back
  4. 'Committee of witches' written in the margin. Back
  5. 'Addition to the prisoners and processes' written in the margin. Back
  6. 'Exchequer' written in the margin. Back
  7. Inserted in APS. Taken from the Index to the acts of parliament of this session. See A1650/5/127. Back
[Continuation; visiting access to the earl of Montrose]

Ordain the committee for the prisoners to meet in the exchequer house at 2 o'clock in the afternoon, and the parliament to meet at 4 o'clock.

The parliament gives warrant that any friends of James Graham, [earl of Montrose] whom he desires to speak with may have access to him and to speak to him only in presence of two of the magistrates or of Major Wallace and Major Weir and the keeper of the tolbooth.

  1. NAS. PA3/2, f.5r. Back
  2. 'Bodies' written in the margin. Back
  3. NAS. PA3/2, f.5r-5v. Back
  4. 'Committee of witches' written in the margin. Back
  5. 'Addition to the prisoners and processes' written in the margin. Back
  6. 'Exchequer' written in the margin. Back
  7. Inserted in APS. Taken from the Index to the acts of parliament of this session. See A1650/5/127. Back

Same day, after noon

[Committee elected for trying witches; additions to the committee for prisoners and processes; sitting of the exchequer, justice courts and committees of war]

The noblemen nominate upon the committee for considering the papers given in against witches [John Hay], earl of Tweeddale, [John Elphinstone], lord Balmerino and [Robert Balfour], lord [Balfour of] Burleigh. The barons nominate [Sir James Hope of] Hopetoun, [John Hepburn of] Waughton and [Robert Hepburn of] Keith. The burghs nominate Mr John Hay, Mr Robert Barclay and Thomas MacBirnie.

The noblemen added to the committee of processes [Walter Sandilands], lord Torphichen. The barons added [Sir James Hope], laird of Hopetoun. The burghs added Mr John Hay.

The parliament appoints the exchequer and the justice courts and the committees of war of the shires to sit at occasions as they think necessary, notwithstanding of the sitting of the parliament.

  1. NAS. PA3/2, f.5r. Back
  2. 'Bodies' written in the margin. Back
  3. NAS. PA3/2, f.5r-5v. Back
  4. 'Committee of witches' written in the margin. Back
  5. 'Addition to the prisoners and processes' written in the margin. Back
  6. 'Exchequer' written in the margin. Back
  7. Inserted in APS. Taken from the Index to the acts of parliament of this session. See A1650/5/127. Back
[Various letters read and approved; orders given to two regiments; instructions to the laird of Scotscraig read]

Letters to the commissioners from the parliament and another to the lieutenant general read in parliament and approved.

Orders granted to Colonel [James Campbell of] Lawers' regiment to remove to Fife and to Colonel Arnott's troop to remove to those parts northward where Colonel Kerr's troop lies.

Letter from Queen [Christina] of Sweden to the estates of parliament of 22 March 1650; another from the king of France of the [...] day of [...]; another from the queen mother of [...] the day of [...] read in parliament. The last two given up to [Alexander Lindsay], lord Balcarres.

Mr Andrew Cant, with certain other commissioners of the general assembly, did present to the parliament their letter to their commissioners, which was read in parliament with the instructions.

Instructions from the parliament to [Arthur Erskine], laird of Scotscraig read.

  1. NAS. PA3/2, f.5r. Back
  2. 'Bodies' written in the margin. Back
  3. NAS. PA3/2, f.5r-5v. Back
  4. 'Committee of witches' written in the margin. Back
  5. 'Addition to the prisoners and processes' written in the margin. Back
  6. 'Exchequer' written in the margin. Back
  7. Inserted in APS. Taken from the Index to the acts of parliament of this session. See A1650/5/127. Back
[Submission from the commissioners of the kirk; striking of new coin; expenses for a messenger to carry letters to the commissioners sent to the king]

Mr Andrew Cant, with certain others of the commissioners of the general assembly, did represent to the parliament that it was the opinion of the commissioners of the assembly that with all possible conveniency the letters and instructions to the commissioners might be sent away either to the north or to Holland or both, and declared their letters were in readiness and they are acted upon the occasion.

Ordain a letter to be directed to Sir John Smith [of Grotehill] to make matrices of the king's portrait for coin, and in case of absence of Mr John Smith, to the conservator or James Ellis, factor, according to the several sizes to be sent under the hand of Sir James Hope, general of the mint-house.

Ordain [Sir James Stewart of Kirkfield and Coltness], provost of Edinburgh, to appoint and have in readiness a man for carrying of the letters to Holland to the commissioners, and to see for his charges.

  1. NAS. PA3/2, f.5r. Back
  2. 'Bodies' written in the margin. Back
  3. NAS. PA3/2, f.5r-5v. Back
  4. 'Committee of witches' written in the margin. Back
  5. 'Addition to the prisoners and processes' written in the margin. Back
  6. 'Exchequer' written in the margin. Back
  7. Inserted in APS. Taken from the Index to the acts of parliament of this session. See A1650/5/127. Back
[Supplications read and approved; letters and papers sent to the commissioners of the kirk; allowance to prisoners held in Edinburgh; continuation]

Supplication Mr James Morrison, minister, read and passed.

The letters, papers and whole instructions and letters sent from the parliament to the commissioners of the general assembly and communicated to them by [Archibald Campbell], marquis of Argyll, [Sir David Home], laird of Wedderburn and [Sir James Stewart of Kirkfield and Coltness], provost of Edinburgh.

[Orders to the town of Edinburgh to pay 6s per day to stranger officer prisoners, and they to have their relief]

Supplication given in by the stranger officer prisoners for aliment or liberation read and passed according to the deliverance.

Ordain the committee for witches to meet tomorrow at 8 o'clock, and the committee for prisoners to meet presently, and the parliament to meet at 10 o'clock.

  1. NAS. PA3/2, f.5r. Back
  2. 'Bodies' written in the margin. Back
  3. NAS. PA3/2, f.5r-5v. Back
  4. 'Committee of witches' written in the margin. Back
  5. 'Addition to the prisoners and processes' written in the margin. Back
  6. 'Exchequer' written in the margin. Back
  7. Inserted in APS. Taken from the Index to the acts of parliament of this session. See A1650/5/127. Back