[1633/6/55]¹

Commission regarding the criminal judicatory

In the parliament held at Edinburgh, 28 June 1633, regarding the supplication and petition given in and presented to his majesty and estates of parliament by the justice deputes and [Sir George Elphinstone of Blythswood], justice clerk of the kingdom of Scotland, making mention that whereas King James, of blessed memory, being truly informed of the great decay of the most ancient criminal judicatory of this kingdom, and how by injury of time it had been dispossessed of many privileges and liberties only proper to it, and how the judges of the said court were altogether unprovided of convenient fees to maintain a dignity due to their place; in consideration whereof, his majesty was pleased, with advice of the estates of parliament, to grant a commission to a number of the honourable council who, by the advice of some lawyers, might meet and convene to consider every thing that should be thought expedient to restore and re-establish the said judicatory to the ancient dignity and integrity in all things, but that true it was that the said lords commissioners then appointed did never meet for the effect foresaid, so that nothing as yet was done as had been before resolved. In respect whereof, the said supplicants did humbly supplicate his majesty and the estates convened in this present parliament to grant a new commission to such persons as his majesty and estates foresaid should think fit to meet and convene for the causes foresaid, and to report their diligence to his majesty between now and some certain day thereafter, as the said supplication bears. Which being read in audience of his majesty and estates of parliament foresaid, and the same being heard and considered by them, our sovereign lord and estates foresaid remitted and referred, likewise by this commission they remit and refer to the lords of his majesty's most honourable privy council of the said kingdom of Scotland, to consult and consider of the said supplication and of the contents and desire thereof; and thereafter, with power to the said lords to give answer thereto or to determine therein as they should think fit and expedient.