[1661/1/312]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, taking into their consideration a supplication presented to them by George, lord Banff, George [Ogilvy], master of Banff, Mr Thomas Mortimer, portioner of Boigtoun, William Ogilvie, younger of Bauchlaw, Walter Ogilvie, son to the deceased John Ogilvie of Glassauch, Alexander Brockie, servitor to my Lord Banff, Alexander Brockie, tenant to the said lord, and James Brockie, notary public in Banff, showing that where his majesty's commissioner and honourable court of parliament, having heard and considered the supplication presented to them in relation to the alleged slaughter committed upon the deceased Mr John Gordon of Barrallmad for a precognition and previous trial of the circumstances of the same, and that, after deliberation, they having appointed the procedure and way of the said slaughter to be tried by way of precognition by his majesty's privy council and, in the meantime, the said estates did discharge all criminal procedure against the supplicants until 1 June next, now so near approaching, and longer as it should be found convenient by the privy council, as the act of precognition bears; and seeing that apparently the said privy council will not sit down before 1 June is past, so that the supplicants will lose the benefit of the said act of precognition unless the same is prorogated to such a competent time after the downsitting of the privy council as probation may be deduced in the said matter; and therefore, craving that the foresaid former act of precognition might be prorogated until such time after his majesty's privy council shall sit down and be established, as the supplicants may have competent time to get probation led and deduced in the said matter after downsitting of the secret council and, in the meantime, that all criminal procedure might be discharged in the said matter until such time as the precognition foresaid might be put to a final close by the said lords of privy council, and also craving warrant to summon witnesses for trial of the said matter or otherwise to remit the same to the said lords of privy council for granting of letters for that effect. And having also considered the foresaid act of precognition, of the date 29 January last, with the report of the commissioners of parliament appointed for bills thereupon, to whom the said matter was referred, and being therewith well and ripely advised, his majesty, with advice and consent of the said estates of parliament, prorogates the foresaid act of precognition formerly granted in the said matter of the date above-written until 31 July next, and recommends to the lords of his majesty's privy council to take trial in the said matter conforming to the tenor of the foresaid act of precognition, and hereby grants power to them to emit precepts for summoning of all parties concerned therein and such witnesses as shall be condescended on for clearing of the said matter, to compear before them, at such days and places as they shall appoint, to bear witnessing in the said matter, with such certification as is ordinary to be granted by them in the like case and, in the meantime, yet as of before, discharges all criminal process against the said supplicants until 31 July next, and longer as shall be found convenient by the said lords of privy council to appoint.
The lord commissioner continue the parliament until Wednesday at 9 o'clock.