[1641/8/186]¹

Act and commission for trying the incendiaries and plotters

Our sovereign lord and estates of parliament, having taken to consideration that in the session of parliament convened by his majesty's authority upon 11 June 1640 full power and warrant was given to the president and quorum of the committee of estates therein appointed for directing, in the king's majesty's name and in name of the estates of parliament, summons and precepts to the lyon king at arms and his brethren heralds, pursuivants and macers to warn and charge the persons underwritten, namely: John [Stewart], earl of Traquair, Sir Robert Spottiswood of Dunipace, knight, Sir John Hay of Landis, late clerk register, Doctor Walter Balcanquall and Master John Maxwell, sometime pretended bishop of Ross, to compear personally before the parliament at certain days and diets bygone; and that according to the said warrant of parliament summons were raised and intended at the instance of Sir Thomas Hope of Craighall, knight baronet, and at the instance of Sir Thomas Nicolson of Carnock, knight baronet, Masters Roger Mowat, Alexander Pearson, James Baird and Thomas Nicolson, procurators of the estate, to compear before the king's majesty and estates of parliament at certain days and diets now bygone to answer for the crimes of treason and other crimes contained in the said summons and precepts of the date the [...] day of [...] years. And also our sovereign lord and estates of parliament, considering that summons and actions are depending before our said sovereign lord and the estates of this present parliament against James [Graham], earl of Montrose, Archibald [Napier], lord Napier, Sir George Stirling of Keir, knight, and Sir Archibald Stewart of Blackhall as having been plotters, devisers and machinators of courses against the public well, and as having been the committers of other several crimes and forfeitures particularly specified and contained in the said summons raised and depending against the said Earl of Montrose, Lord Napier, lairds of Keir and Blackhall before the king's majesty and the estates of this present parliament of the date the [...] day of [...] 1641, as the same at more length bears, therefore our sovereign lord and the estates of this present parliament, for the further examination and trial of the persons above-specified, their guiltiness of the points and crimes above-written contained in the summons particularly and respectively above-named, give and grant by this commission full power, authority and commission to the persons after-mentioned, namely: John [Campbell], lord Loudoun, chancellor, John [Maitland], earl of Lauderdale, [John Wemyss], earl of Wemyss, Robert [Balfour], lord [Balfour of] Burleigh, James [Elphinstone], lord Coupar, George [Forrester], lord Forrester, Sir John Hamilton of Preston, Sir William Cockburn of Langton, [Sir] Harry Montgomery of Giffen, Sir George Dundas of that Ilk, Sir John Wauchope of Niddrie, William Rigg [of Aithernie], for the town of Linlithgow, George Bell, Thomas Bruce for Stirling, Master George Gray for Haddington, George Gardyne for Burntisland and Robert Cunningham for the town of Kinghorn, James Sword for St Andrews, and Sir Alexander Gibson of Durie and Sir Adam Hepburn of Humbie, two of the ordinary senators of the college of justice, or to any quorum of the said number of the said persons being present for the time (which quorum shall consist of nine, two being of each estate, by the said two judges above-named) to proceed in all further examination of the points of the said crimes consisting in fact and that by examination of witnesses and by writ or other probation competent of the law against so many of the persons foresaid as are not compearing without all further citation in respect of their absence and contumacy; and also to call and convene before them the foresaid persons above-rehearsed in the said summons, particularly and respectively above-written, so many of them as are incarcerated before them at such days and diets as they most conveniently shall appoint at Edinburgh, 4 January next, which is appointed to be the first day of their meeting; and ordains those who are incarcerated to be cited personally and those who are out of the country at the market cross of Edinburgh and pier and shore of Leith, to answer before the said commissioners appointed by this act for the crimes particularly and respectively contained in the said summons above-written, to the effect they may be further examined by them and may object against such witnesses as shall be cited to compear to testify in the said matter. With full power and commission to the said persons or quorum foresaid to proceed in the cognition of the crimes particularly and respectively above-written, to the discussing of the relevancy of the summons particularly and respectively above-written, and to the receiving of all lawful probation in the said crimes above-written against the said persons particularly summoned as is above-written; and to that effect, to direct their precepts and summons for summoning of witnesses in the particular crimes respectively above-specified, under the pain of horning, and generally all and sundry other things to do for the exact trial of the said persons, providing always that the said commissioners as are above-specified, appointed by this commission, shall not proceed, likewise our sovereign lord and estates of parliament presently convened by this commission discharge the said commissioners and quorum foresaid to proceed to any decision in the said points or crimes or to pronounce any sentence convictive against the said persons particularly above-written summoned to this present parliament, particularly and respectively as said is, but only that the commissioners foresaid shall do their diligence in the points particularly above-specified committed to them in discussing the relevancy of the said summons, particularly and respectively above-written, and in receiving all legal probation thereupon. And the commissioners or quorum foresaid to proceed with all diligence and make their report concerning the relevancy and how far they shall find the same proved or not without pronouncing any further sentence against them or any of them, and that they finish the process and trial before 1 March next.