[1567/4/32]¹

Maister George Gordoun Baldornye againis the advocattis

Anent the summonis rasit at the instance of Maister George Gordoun of Baldornye aganis Archibald, erle of Argyle, lord Campbell and Lorne etc., justice generall, Maisteris Johnne Spence of Condye and Robert Creichtoun of Eliok, advocattis to oure soverane lady in hir name and for hir hienes enteress in the actioun and cause underwrittin, and all utheris having or pretending to haif enteress in the mater efter following, tuecheing the productioun be thame befoir oure soverane lady and thre estaitis of parliament of the pretendit process, sensament of parliament and dome of foirfaltour led, deducit and pronuncit in the parliament haldin at the burgh of Edinburgh, the xxviij day of Maii, the yeir of God j^M v^C lxiij yeiris, aganis the said Maister George Gordoun, findand, decernand and for dome gevand that the said Maister George hes committit and done tressoun aganis oure said soverane in counsale geving, conceling of the interpryse and attemptatis efter specifiit to umquhile George, sumtyme erle of Huntlie, George, now erle of Huntlie, than lord Gordoun, Johnne Gordoun of Deskfurd, knycht, and utheris thair complices in the toun of Abirdene, the penult day of August, the yeir of God j^M v^C lxij yeiris, to cum to oure said soveranis lugeing with ane gret parte of armit men and enter violentlie thairintill, and to ask sic thingis of hir hienes as scho culd not gudlie grant of law and justice, and gif hir majestie had refusit, to haif put violent handis in hir and to haif led away hir persoun captive, and with ane deliverit mynd and suir purpoise to haif slane certane of oure said soveranis secrete counsale and lordis of sessioun being than present with hir hienes, or to haif led thame captive as thai suld haif thocht expedient etc.; and als for arte, parte and assistance of the conspiracie imaginat and forthocht be the said umquhile sumtyme Erle of Huntlie, his sonis foirsaidis and utheris personis thair complices, hyding and conceling the samin att Strabogye, the thrid day of September, the yeir of God foirsaid, quhair it wes devsyit and ordanit be the said umquhile erle and personis foirsaidis, with ane ferme purpoise and deliverit mynd, to haif put violent handis in oure said soveranis persoun and in hir counsallouris in maner foirsaid in quhatsumevir place thai thocht maist commodious, and specialie at the burgh of Inverness, and thairefter to haif persewit and invadit oure said soverane be fyre and suerd for hir hienes distructioun, and for the counsale geving and conceling of the purpoise devysit for lying at watche, onsetting and putting of violent handis in hir majesties persoun and hir counsallouris being with hir for the tyme, passand out of Straithylay and Balvanie at the hill of Ardneillie upoun the xxiij day of September, the yeir of God foirsaid, and thairefter to haif put violent handis in hir hienes and in hir saidis counsallouris in the burgh of Inverness under silence of nycht; and alsua for arte, parte, assistance and conceling maid and gewin in the tressonabill halding, furnesing and fortifiing of the castell of Inverness be the space of xvj dais, and geving counsall and assistance to the keiparis thairof to withald the same fra oure said soverane lady; and als for arte, part, consall geving and conceling of the putting of violent handis in oure said soverane and counsallouris foirsaidis passand furth of Invernes to Craigaboyne upoun the watter of Spay upoun the xix day of September foirsaid, as at lenth is contenit in the heidis of the dome, decrete and sentence of the foirfaltour foirsaid, referrit be the said decrete and dome to the ressonis, heidis and crymes foirsaidis libellit and contenit in the said summondis, and, thairfoir, decerning, ordaning and pronunceing be the mouth of Andro Lindesay, dempstar of the said parliament, the said Maister Johnne² Gordounis digneteis, name and memorie to be extinct and deletit, and all his landis, offices and utheris to be confiscat and to remane with oure said soverane fra thine furth in propirtie, and his persoun to be punist to the deid according to the lawis of this realme, as at mair lenth is contenit in the said decrete, sentence and dome of foirfaltour of the dait foirsaid led thairupoun; and siclike tuecheing the productioun be the said justice generall, advocattis, thesaurar and comptrollar foirsaid and remanent personis defendaris befoir oure said soverane and thre estaitis of parliament of the pretendit principall summondis, with the haill executionis maid thairupoun, togidder with the haill pretendit process, actis, allegationis and dependentes led and deducit in the said mater aganis the Maister George, with the depositionis of witnesses, gif ony be, and all uther verificationis, testimoniallis and productionis quhatsumevir led and deducit thairintill, to be sene and considerit be oure said soverane and thre estaitis of parliament foirsaid, and to heir and se the said pretendit sensiament, decrete of parliament foirsaid and dome of foifaltour, with the haill proces led and deducit thairintill sa fer as may be extendit aganis the said Maister George Gordoun, to be retretit, rescindit, cassit, annullit and decernit be decrete and sensiament of parliament to haif bene fra the beginning and to be in all tyme cuming of nane awaill, force, nor effect, with all that followit or may follow thairupoun, and the said Maister George to be reponit and restorit agane to his former and wontit digniteis, name, fame and memorie, and reponit and restorit in integrum aganis the samin pretendit siclike and in the samin place he wes befoir the leding, deduceing and pronunciatioun thairof, and siclike and als frelie as the samin had never bene led and deducit aganis him, for diverse ressonis and causes as at mair lenth is contenit in the said summondis of reductioun. The said Maister George Gordoun of Baldornye being personalie present and the saidis justice generall, advocattis, thesaurare, comptrollar and all utheris havand or pretendand to haif enteress in the said mater being lauchullie summond to this actioun, oftymes callit and not compeirit, the foirsaid partie compeirand, richtis, ressonis and allegationis, togidder with diverse uther probationis producit be the said Maister George for probatioun of the ressonis underwrittin, hard, sene and understand, and oure said soverane lady and thre estaitis of parliament thairwith being ryplie avysit, the quenis grace and thre estaitis of parliament retretis, rescindis, cassis, annullis the said pretendit sensament, decrete of parliament and dome of foirfaltour, with the haill process led and deducit thairintill sa far as extendis or may be extendit aganis the said Maister George Gordoun, and decernis and declaris the samyne to haif bene fra the begynning and to be in all tyme cuming of nane awaill, force nor effect, with all that followit or may follow thairupoun, and reponis and restoris the said Maister George agane to his former and wontit digneteis, name, fame and memorie, and als reponis and restoris the said Maister George in integrum aganis the samin pretendit decrete siclike and in the samin place he wes befoir the leding, deduceing and pronunciatioun thairof, and siclike and als frelie as the samin had never bene led or deducit aganis him, becaus the said Maister George Gordoun, sumtyme of Baldornye, wes allegeit to haif bene summondit to haif compeirit the xxviij day of Maii, the yeir of God j^M v^C lxiij yeiris, in the hour of cause, with continuatioun of dais, in the parliament to haif bene haldin and begun at the burgh of Edinburgh, the xx day of the said moneth of Maii, to haif hard him bene decernit to haif incurrit and committit the crymes of tressoun and lese majestie foirsaidis, and therfore his name, fame and memorie to be extinct and his landis and gudis to be foirfaltit, as the said summondis at lenth proportis, upoun the quhilk xxviij day of Maii, quhilk wes the first day of compeirance in the said summondis, the foirsaidis thre estaitis of parliament procedit upoun the said summondis and crymes contenit thairintill unto the finale end thairof and gave and pronuncit thair decrete and sensiament thairupoun in maner abone specifiit, and alsua the dome of foirfaltour following therupoun the said xxviij day of Maii, withowt ony maner of delay or continewatioun, the said Maister George being absent and not comperand, nowither be him self nor his precuratoris nor na utheris in his name to use ony defence in the said cause, albeit he had mony just defenssis to haif elidit the said summondis and crymes contenit thairintill gif he had compeirit to haif allegeit the samyne, quhilkis wer takin fra him be the said haistie proceding, quhilk maner of proceding wes usit and led contrar him aganis the commone ordour and practik observit within this realme in all tymes preceding the said xxviij day or sensyne, be ressoun that and ony persoun be summond be ane principall summondis at the instance of quhatsumevir personis or for quhatsumevir cause to ane speciall day with continewatioun of dais,³ and thai wordis 'with continewatioun of dais' being contenit and comprehendit in the said summondis, the samin summondis aucht not nor mycht not ressave ony process upoun the first day statute and affixt to the compeirance thairof in absence of the partie defendar, bot the defendar aucht to haif bene abiddin be the juge upoun his comperance with continewatioun of dais thairefter, att the leist quhill the nixt day efter the compeirance foirsaid, and all process upoun the said summondis suld haif stayit to the said nixt, swa that gif ony decrete hapnit to be gewin upoun the said summondis the said first day, the samyne wes null and of nane awaill be the law and practik of this realme observit in all tymes bygane; bot swa it is that the said summondis execute upoun the said Maister George Gordoun to the effect abone specifiit, summonding haif to haif comperit in the said tolbuith of Edinburgh, the said xxviij day of Maii, in the hour of cause, with continewatioun of dais, to haif answerit to the poinctis contenit thairintill, at the quhilk xxviij day, without ony ferder delay or continewatioun, the saidis thre estaitis of the said parliament procedit in the furth geving of the said sensament and decrete and alsua gave dome thairupoun the samn day as said is, the said Maister George being absent and thai not abyding nor staying upoun the cuming of him to the nixt day thairefter to haif defendit in the said cause, and swa secluding and taking fra him the privilege of tyme permittit and gewin to him to haif deliverit with him selff quhidder he wald haif defendit in the said cause or not, and alsua permittit and grantit to him be the ordour and practik observit within this realme in all tymes of befoir and sensyne, and thairefore the said pretendit decrete and sensament of parliament and dome of foirfaltour foirsaid gewin and pronuncit the foirsaid xxviij day of Maii in maner abone expremit aucht and suld be retretit, rescindit, cassit, annullit and decernit be decrete and sensiament of parliament to be haldin in the moneth of Aprile instant to haif bene fra the begynning and to be now in all tyme cuming null in the self and of nane awaill, force nor effect, with all that followit or may follow thairupoun, and the said Maister George to be restorit in integrum aganis the same and in and to his former and wontit dignetie, fame, honour, preheminence, landis and gudis siclike as he wes befoir the leding and deduceing of the same, and siclike and als frelie as the same had never bene led and deducit aganis him, as wes cleirlie understand to oure said soverane lady and thre estaitis of parliament foirsaidis. And als becaus, befoir the day of compeirance and the tyme of the leding and deduceing of the said decrete and sensiament of foirfaltour aganis the said Maister George in maner befoir rehersit, lang of before and als ane gud space thairefter, the said Maister George dewlie and ordourlie wes denunceit oure said soverane ladiis rebell and put to hir horne be vertew of lettrez direct be hir hienes and secrete counsale, chargeing him to compeir befoir oure said soverane and thame at ane certane day than of befoir to ansuer to sic thingis as suld haif bene laid to his charge at his cuming, as the saidis lettrez, executioun and indorsatioun of horning maid thairupoun at length proportis, quhairby the said Maister George than wes alluterlie unable and had na personage to stand in jugement for defence of his said just cause, he being innocent of the crymes laid to his charge, and thairfore durst not nor mycht not compeir to that effect nor awenture his persoun throw the said horning for defence of his said cause, nor had na sure passage nor access to that effect for dainger and feir of his lyff be ressoun that he, being for the tyme standing at the horne and under summondis of tressoun for abhominiable crymes of tressoun and lese majestie and thairthrow enymye to oure said soverane and liegeis of this realme, and sua it wes lesum to ony his inymeis and unfreindis to haif slane him withowth ony cryme or remeid of law to haif followit thairupoun, and in respect of the said horning na procuratouris mycht nor durst compeir for defence of his said cause, quhairfore the said pretendit decrete, dome and sentence of foirfaitour foirsaid, with the haill actis, ordour and process quhairupoun the samin procedit, is and wes fra the begynning null in the self and of nane awaill, force nor effect, with all that followit or may follow therupoun, and the said Maister George to be restorit in integrum aganis the said pretendit decrete, sentence and dome of foirfaltour and to his former and wontit fame, honour, dignetie, preheminence, landis, offices and gudis, siclike as he wes before the tyme of the geving, leding and deduceing of the said pretendit decrete, sentence and dome of foirfaltour led and deducit aganis him, as wes inlikewyse cleirlie understand to oure said soverane lady and thre estaitis of parliament foirsaidis. Be ressoun the foirsaidis twa ressonis abonewrittin contenit in the said summondis being fundin relevant be oure said soverane and thre estaitis of parliament foirsaid, the said Maister Georgoun instantlie previt the foirsaid secund ressoun sufficientlie and the first previs the self, as wes inlikewyse cleirlie understand to oure said soverane lady and thre estaitis of parliament foirsaid; and ordanis lettrez to be direct to mak publicatioun heirof at all places neidfull, gif neid beis, in forme as effeiris.