Act, 28 December 1693, Edinburgh

Edinburgh the Twentie one day of November J^aj vj^c nyntie thrie years

D1693/11/18

D1693/11/18¹

Procedure

Protestatione The Lord Justice Clerk Against The Clerk to the Justice Court.

The Which day The Lords of their majesties privy Councill haveing granted Some Commissiones of Justiciary for trying some persones alledged guilty of murder in the Countrey The Lord Justice Clerk protested against that clause insert in these Commissiones Wherby Mr James Montgomrie Clerk to the Justice Court is authorized to nominat and Commissionat a depute under him to be Clerk to the saids Commissions the same being ane incroachment upon the office of the Lord Justice Clerk In respect the said Mr James is but depute to the Lord Justice Clerk, And so cannot grant any deputatione himself without the Lord Justice Clerks express authority and that by all former Commissiones, The Lord Justice Clerk was in use to nominat Clerks to Commissiones of Justiciary And Therfore protested that any such clause aither in Commissiones allready granted or or² which heirafter shall be granted may nowayes derogate or prejudge the office of Lord Justice Clerk or any priviledges belonging therto Which protestatione the saids Lords of privy Councill has Admitted and heirby Admitts.