Act and commissione for trying the incendiaries and plotteres

Our soverane lord and estates of parliament, haveing takine to consideracion that in the sessione of parliament conveened by his majesties authoritie wpoun the ellevint day of June 1640 yeeres full power and warrand was givene to the praeses and quorum of the committie of estates therine appoynted for directing, in the kingis majesties name and in name of the estates of parliament, sommondes and preceptes to the lyone king at armes and his brethrene herauldis, pursevantes and maisseires to warne and chairge the persones wnderwrittin, viz: Johne, erle of Traquair, Sir Robert Spootswode of Donypace, kyncht, Sir Johne Hay of Landes, late clerke register, Doctor Walter Ballcanquell and Maister Johne Maxwell, somtyme pretendit beshope of Rose, to compeir personally befor the parliament at certane dayes and dyettes bygone; and that conforme to the said warrand of parliament sommondis were raised and intendit at the instance of Sir Thomas Hope of Craighall, kyncht barronet, and at the instance of Sir Thomas Nicolsone of Carnok, knight barronet, Maisters Rodger Mowat, Alexander Peirsonem, James Baird and Thomas Nicolsone, procuratores of the estate, to compeir before the kingis majestie and estates of parliament at certane dayes and dyettes now bygone to ansuer for the crymes of treasone and other crymes conteened in the said sommondis and preceptes of the dait the [...] day of [...] yeires. And alse our soverane lord and estates of parliament, considering that sommondis and actiones are depending before our said soverane lord and the estates of this present parliament against James, erle of Montrose, Archbald, lord Naper, Sir George Stirling of Keir, kyncht, Sir Archbald Stewart of Blakehall as haveing beine plotteres, devyseres and machinatoures of courses aganes the publick weale, and as haveing bene the committeres of other severall crymes and foirfaultes particularlie specified and conteened in the said sommondis reaised and depending against the said Erle of Montrose, Lord Naper, Lairdes of Keir and Blakehall befor the kingis majestie and the estates of this present parliament of the dait the [...] day of [...] 1641 yeeres, as the samene at mair lenth beires, therefore our soverane lord and the estats of this present parliament, for the further examinatione and tryell of the persones abovespecified, ther guiltienes of the poyntes and crymes abovewrittine conteyned in the sommondis particularlie and respectivelie abovenamed, gives and grantes by thir presentes full power, authority and commissione to the persones eftirmentioned, viz: Johne, lord Loudoun, chancellor, Johne, erle of Lauderdaill, [...], erle of Weymes, Robert, lord Burghlie, James, lord Couper, George, lord Forrester, Sir Johne Hammiltoune of Prestoune, Sir Williame Cokeburne of Langtoun, Harie Montgomerie of Giffen, Sir George Dundas of that Ilk, Sir Johne Wauchope of Nidrie, Williame Rige, for the toune of Linlithgow, George Bell, Thomas Bruce for Stirveling, Maister George Gray for Haddingtoun, George Gairdine for Bruntyland and Robert Cunynghame for the toune of Kinghorne, James Suord for St Androes, and Sir Alexander Gibsone of Durie and Sir Adame Hepburne of Humbie, tuo of the ordinar senatoures of the colledge of justice, or to any quorum of the said nomber of the saidis persones being present for the tyme (which quorum shall consist of nyne, tuo being of ilke estate, by the saidis tuo judges abovenamed) to proceed in all further examinacion of the poyntis of the saidis crymes consisting in facto and that by examinatione of witness and by write or other probatione competent of the law againest so many of the persones foirsaidis as are not compeiring without all farder citatione in respect of ther absence and contumacy; and als to call and conveene befor them the foirsaidis persones aboverehearsed in the said sommondis, particularlie and respectivly abovewrittin, so many of them as are incarcerate before them at such dayes and dyetes as they most conveniently shall appoynt at Edinburghe, the fourt day of Januar nixtocome, which is appoynted to be the first day of ther meeting; and ordeanes these who are incarcerated to be cited personally and these who are out of the cuntrey at the mercat croce of Edinburghe peir and shore of Leith, to ansuer before the saidis persones commissioneres appoynted by thir presents for the crymes particularlie and respectively conteyned in the said sommondis abovewrittin, to the effect they may be further examinat by them and may object against such witness as shall be cited to compeir to depone in the said mater. With full power and commissione to the saides persones or quorum foirsaid to proceed in the cognitione of the crymes particularlie and respective abovewrittin, to the discussing of the relevancie of the sommondis particularlie and respective abovewrittin, and to the receiveing of all lauchfull probatione in the saidis crymes abovewrittin againest the saidis persones particularlie sommondit as is abovewrittin; and to that effect, to direct ther precepts and sommondis for sommonding of witness in the particulare crymes respective abovespecified, wnder the paine of horneing, and generally all and sindrie other thinges to doe for the exact tryell of the saidis persones, provyding allwayes that the saidis persons commissioneres as is abovespecified, appoynted by thir presentes, shall not proceed, lykeas our soverane lord and estates of parliament presentlie conveened by thir presentes dischairges the saidis commissioneres and quorum foirsaid to proceed to any decisione in the said poyntes or crymes or to pronunce any sentance convictive againest the saidis persones particularlie abovewrittin sommoned to this present parliament, particularlie and respective as said is, bot only that the commissioneres foirsaidis shall doe ther diligence in the poyntes particularlie abovespecified committed to them in discussing the relevancy of the said sommondis, particularlie and respective abovewrittin, and in receiveing all legall probatione therwpoun. And the commissioneres or quorum forsaid to proceed with all diligence and make ther report conserneing the relevancy and how far they shall find the same proved or not without pronunceing any further sentance against them or any of them, and that they finishe the process and tryell befor the first day of Merch nixtocome.

  1. NAS, PA2/22, f.182v-184r.