[1641/7/57]¹

Procedure: commission for examining witnesses at London

Commission for examination of witnesses at London upon the libel against the incendiaries

The which day the estates of parliament, now convened by his majesty's special authority, taking to their consideration the hazard of the perishing of the probation necessary to be deduced for proving of the summons, or any member or article thereof depending before them against those incendiaries cited to the parliament, and specially against John [Stewart], earl of Traquair, Sir Robert Spottiswood [of Dunipace], Sir John Hay [of Bara], clerk register, Doctor Walter Balcanquall and Master John Maxwell, sometime pretended bishop of Ross, have for preventing of that hazard given and granted and by this commission give and grant full power and commission to John [Leslie], earl of Rothes, John [Campbell], lord Loudoun, Sir Patrick Hepburn of Waughton, Sir William Douglas of Cavers, John Smith [of Grotehill], bailie of Edinburgh, and Hugh Kennedy, burgess of Ayr (or any three of them, the Earl of Rothes or the Lord Loudoun being always one of those three), with power to them to choose a clerk to examine, take and receive the oaths and depositions of William [Alexander], earl of Stirling.

And each one of them severally upon such points, heads, articles and members respectively of the said summons, and upon the several facts and crimes specified therein, and upon all interrogatories which they shall receive under the hands of [Sir Thomas Hope of Craighall], king's advocate, procurators of the estate, or any of them, in so far as they know and shall be directed at them relating thereto, and upon every particular interrogator resulting thereupon for clearing of the truth and verity thereof, and for this effect to cause them be solemnly sworn and examined upon their great oaths regarding their knowledge relating thereto to examine between the [...] day of [...] and the [...] day of [...] next. And further, because the estates are informed and understand that those persons underwritten, namely: [Henry Montagu, earl of Manchester], my lord privy seal of England, [Philip Herbert], my lord Pembroke, [Philip Wharton], my lord Wharton, [Edward Montagu], my lord Mandeville, [Henry Carey], earl of Dover, [William Laud], bishop of Canterbury, [...] are also necessary witnesses to be used in the said matter and will not be liable to compear before the said commissioners but at their pleasure, not being natives of this kingdom, therefore the said estates give full power and commission to the six commissioners above-named (or any three of them, the Earl of Rothes or the Lord Loudoun being one of three as said is) to intreat the parliament of England, or any subaltern judicatory of that kingdom, to grant and direct precepts and warrants for causing and compelling the persons above-named, or any of them, to compear before the said commissioners, or any three of them as said is, to be examined and to testify upon their great oath regarding the truth and verity of the premises or any point, member, head or article thereof, and upon their knowledge relating thereto, or otherwise to deal with the parliament of England, or any subaltern judicatory, that they would give order for examining the said witnesses (who are not natives) in the premises. And ordain the said commissioners (or any three of them, Rothes or Loudoun being one as said is) to cause the said persons to be deeply sworn upon their great oaths to testify the truth regarding the premises or any point, article or member thereof, and upon the interrogatories to be proposed and directed at them for clearing of the same. And also ordain the said commissioners, or any three of them as said is, to cause the depositions of the whole persons to be received as said is, to be authentically written, subscribed and closed by the receivers thereof, and thereafter reported with all convenient diligence to the parliament of Scotland the [...] day of [...] next, with continuation of days, that thereafter they may proceed and administer justice in the foresaid process against the incendiaries above-named as they in equity and justice shall find the same to deserve.