Procedure: commission to the provest and baillies of Edinburgh
Commissioun to the provest and baillies of Edinburgh

The kingis majestie, his nobilitie and counsall presentlie convenit, movit with the extreme indignitie done to his majestie in the seditious and tressonabill uproare committit aganis his majestie sitting in his seate of justice in the tolbuith of Edinburgh upoun the sevintene day of December last bipast, quhairwithall his majestie, his nobilitie and counsall can burdyn nane bot the provest, bailleis, counsall and haill bodie of the said burgh quhair the said pernicious fact was divisit and execute be sa grit a numour of the burgeses and induellaris of cheifest rank and authortie within the same, that his majestie, his nobilitie and counsaill ar persuadit that the saidis magistratis and bodie of the said toun, be divising, interprising, executing, allowance and ratihabitioun of the said fact, ar universallie giltie of the said odious and tressonabill uproare, the impunitie quhairof micht braid sic dishonnour and unquyetnes to his majestie, his persone, croun and estait as could at na tyme heirefter be sufficientlie repairit; and yit, being desirous that the malice of the pernicious offendaris breid na inconvenient to the weill affectit and obedient inhabitantis of the said burgh, giff ony be, and that the punischement exceid not the personis of the giltie, to the effect the offendaris may underly thair deservit panes and the innocent and obedient inhabitantis of the said burgh may be relevit baith of perrell and infamie dew to the committaris of the said odious and tressonabill attempt, thairfoir his majestie, with avise forsaid, has gevin and grantit and be thir presentis gevis and grantis full pouer and commissioun, expres bidding and chairge to the provest, baillies and counsall of the said burgh, or samony of thair burgeses as thai sall think guid and aggrie amang thame selffis, to try be quhatsumevir forme and maner thay sall think meit all and sindrie personis, divisaris, executouris, arte and pairttakaris of the said tressonabill uproare and insurrectioun, alsweill the personis that ar presentlie detenit for the samyn (quhilkis personis ar presentlie delyverit to the saidis provest, bailleis and counsall with thair depositionis to this effect), as alsua all utheris personis quhilkis ar or salbe suspect to have bene arte, parte or upoun the foirknawlege of the samyn. With power to the saidis provest, bailleis and counsall to follow furth the said tryall be examinatioun, warding, tortour or uther maner of way be avise of Maister Johnne Prestoun, Maister Johnne Schairp, Maister Williame Oliphant, quhairthrow the said tryall and haill circumstanceis thairof may alwayes be had, found oute and delyverit to his majestie in sic forme as thair sall rest, na thing to be done bot justice and executioun to follow thairupoun; and that the saidis provest, bailleis and counsall mak the giltie personis to be suirlie keipit and report thair exact diligence of thair tryall to his majestie without all excuis, schift or delay betuix and the first day of Februar nixtocum, quhairthrow his hienes may proceid thaireftir and minister justice as accordis of the law. And that be thair effectuall diligence heiranent, thay may resolve his majestie, his nobilitie and counsall of the suspicioun consavit be thame of the giltynes of the saidis magistratis and haill bodie of the toun be cleiring of thair awne guid pairtis and presenting to his majesteis selff justice of the speciall offendaris giltie of the devise and executioun of the tressonabill attempt forsaid; certifeing thame and thai failyie, that thay salbe repute, haldin and estemit as arte and pairttakaris of the said tressonabill fact and salbe callit, persewit and punist for the same as tressonabill tratouris to the deid, with all rigour and extremitie.

  1. NAS, PC1/16, 511. Back
  2. 'a: b:' written in darker ink immediately below the title in the margin. Back