Anent the petitione givine in to the estates of parliament be the generall assemblie, quhairof the tennor fallowes: To the honorable and height court of parliament, the humble petitione of the generall assemblie of the kirke of Scotland. According to the commendable and constant practeise of the generall assemblies of this kirke, we judge it incumbent to us right honorable when the displeasor of the Almightie and the extreme danger of this kirke and kingdome is so wndenyablie demonstrate to the eyes of the whole world by the invasione, increase and success of these barbarous Irishes and treacherous cuntreymene joyned with them, not only out of consience of the trust committed wnto us to proceed with the censures of the kirke aganes these who have joyned or shall happine to joyne themselves with these enemyes of God and his cause, to appoint a solemne fast and humiliatione throw the kingdome and to give warneing to all the ministeres and memberes of this kirke of the dangeres and deuties of the tyme, bot also out of respect to your honoures, who judge not for man bot for the Lord, who is with yow in the judgement and standeth in the congregatione of the mightie, humblie to present your honoures with our thoughtes and desyres concerneing the dewties which the exigencie of this tyme expecteth from your handis. The impunitie of knowne incendiaries and malignantes as by the course of divine providence (permitting these who have formerlie excapted the hand of justice to be the pryme instrumentes of our present troubles) it is held furth for a cause of the wrath which yit burneth more and more, so hath it bene acknowledged before God in our publict humiliationes to be a maine cause of Godes contraversie with the land, ane occasione to the guiltines of the cruelltie, villanie and other mischeifes committed by them and thair falloweres and so ly still wnder the guilt eftir solemne confessione, were ane highe provocatione of God and ane heavie agravatione of our sinne; and one the ane pairt doeth greive the godlie, discourage thair heartes and weakine thair handis, one the other pairt doeth hardine thame who are allreddie engadged to persist in thair wnnaturall and bloodie practises, heartenes otheres who have not hitherto awoved thair malignancie oppinlie to declaire themselves and is laid hold wpoun by the disaffected who ly in wait to find occasiones as fitting to worke the people to ane wnwillingnes of wndergoeing necessarie burthenes for publict good. Althought the Lord hath shewne wnto us great and sore troubles and our heart may be brokine with reproach, shame and dishonour put wpoun us by the vilest amongest men, yit hath he made knowne wnto us the power of his workeing amidest these manifold troubles, bringing foirward the much desyred worke of wniformity in worshipe and governement to a greater perfectione then wes expected (as your honoures and we did sie the other day with joy of heart), which is a testimony from heavine that the Lord heath not left us in the fierie furnas but duelleth still in the middest of the burning bush, and should rouxe wp our drouping spirites to fallow God fullie and quicken our slownes to hasten and helpe the Lord aganes the mightie. In delay there is perrell of strentheneing the arme of the intestine enemy, making faint the heartes of our neighthoures and freendis and disabling us of reacheing helpe of these who are wrestling aganest much oppositione to perfyte the worke of reformatione, the reproach wnder which we ly allmost buried should be so farr from retarding proceedings that it should intend the spirit wnto a higher degrie of desyre and expeede the hand to a speedier actione for vindicating our owne name and that name which is above all names from the daylie reproach of the foolish. May it please thairfore your honoures in zeale of the Lord to proceed with some speedie course of justice aganes such persones as are knowne to have joyned themselves ather actuallie in armes or by thair counsells, supplies and encouragementes have strenthened the hands of the bloodie enemyes wherby a cause of the contraversie shall be removed, the land cleansed of the blood that is shed thairin, the cruell and crooked generatione disheartened, the fainting heartes of the godlie refreshed and thair feeble knees strenthened, and cheerfullie and unanimouslie to resolve wpoun and put in executione all laufull and possible wayes of speedie and active persueing and extirpating these barbarous and wnnaturall enemyes within the kingdome, wherby your thankefullnes to God for prom[ov]eing his owne worke and your endevoures of wniformitie shallbe testified, your sence of the dishonour of this natione and of the danger of delay expressed and your consience wpoun the oath of God wpoun yow manifested. Wee are confident of your honores consience and cair, onlie wee exhorte you in the Lord to wnit your spirites and accelerate your counselles and endevoures and pray the Lord of hostes to prosper your interpryses according to the ingagement of his name, interes of his worke and necessitie of his people to his owne glorie, the establishment of the king's throne in righteousnes, the comfort of his saints and the conversione or confusione of enemyes. Be of good courage and behave your selves valientlie for our people and for the cities of our God arise and the Lord be with yow. Subscribitur, J. Ker. Quhilke supplicatione abovewrittine being red in audience of the estates of parliament, they, in acknouledgement of the cair and vigilencie that the generall assemblie witnesssed by the offer of the foirsaides desyres mentionat in the said supplicatione, doe thairfore ordeane the samene to be recordit in the bookes of parliament as is abovewrittine, and ordeanes and declaires that the constante tenor of thair proceedings and practeises from tyme to tyme shall give ane satisfactorie ansuere to all the poyntes of the foirsaids demandis.
[1645/1/75]*[print] [email] [cite] [preceding] [following]
In the parliament haldin at Edinburghe, the elleventh day of Februar jM vjC and fourtie fyve yeeres be the estates of parliament, now conveend in the second sessioune of this first trienniall parliament be vertewe of the last act of the last parliament haldine be his majestie and thrie estates in anno 1641, anent the sommondes of treasone and forfaltour raisit at the instance of Sir Thomas Hoip of Craighall, knyght barronet, his hienes advocat, and at the instance of Sir Thomas Nicolsone of Carnok, Mr Rodger Mowat, Mr Alexander Pearsone, Mr James Baird and Mr Thomas Nicolsone, advocatis and procurators for the estates of this kingdome, aganis James, erle of Montroise, Robert, erle of Nithisdale, James, vicount of Aboyne, Johne, lord Herreis, Collonell William Stuart, Capitan William Rollok, Sir Philip Nisbet, [...] Hay of Delgatie, Capitan William Home, brothir to [...] Home of Crumstane, and certane uthairs persons contenit in the said summondis of treason and executiones thairof, and the tutors and curators of sa manie of the saids persones as ar minors, if they anie have, for thair entres; that is to say the saidis defenders to have answered for the crymes, factis and deidis particularlie and generallie eftirspecefeit and all uthair crymes that may be layed to thair charges, and thairfore to have hard and sene them decernit and declarit in parliament be the estates or committie thairof to be guiltie of the samen and to have incurred the pane of high treasone aganis our soveraign lord and his crowne and aganis the estates of this his ancient and native cuntrie, and the pane of forfaltour of lyfe, landis, estates and guidis to be execute aganis them be the parliament or estates of this kingdome and the benefite thairof to be applyit to the use of the publict for releife of thair burdingis, or wtherwayis in the option of the parliament or convention of estates or committie of parliament to have hard and sene them uthairwayis censured and punished in thair persones, names and fames and in thair landis, meanes, guidis and estates by fyneing, confyneing or uthairwayis as the parliament or convention of estates or committie of parliament sould find expedient at thair option, sensement and arbitrement, and the benefite thairof to be applyit to the use of the publict and using of the defenders uthirwayis in all hostile maner as open and manifest tratours to the king's majestie and to this kingdome and estates thairof, conforme to the lawis and practice of this realme and justice, reasone, equitie and conscience at the arbitrement, determinatioune and sensement of the parliament or committie thairof or convention of estates or committie of the same for the tyme. Becaus be the comoune law, lawis of natiounes, lawis and practice of this realme and be all justice, ressone, equitie and conscience all leasing makers, taill telleris and false accusers of the estates and subjectis of this realme and thair proceedingis to his majestie as seditione, rebellione and treasonable, all instigatours, frameris and updrawers of strange proclamatiounes and declaratiounes made against his majesties subjectis and estates as rebells and tratours, all that ryise in armes and concurris with the adversaries of this his majesties kingdome for subdewing thair native cuntrie, all that ryise in armes and concurris with the adversaries of this kingdome against the armies leveyed and raised be the convention of estates of this his majesties native kingdome and sent in by them to the kingdome of England for defence of the trew Protestant religion and league and covenant, and all invaderis and assaulteris or subdewars by force of armes of anie tounes, castles or fortis or garisones thairin within this kingdome or the kingdome of England possest and haldin for the tyme be the Scottish armie or anie pairt thairof for his majesties use and defence of religion, all fortifiers, keipars and deteiners of strenthis or castles aganis the estates of this kingdome wha stand to thair covenant for defending the religion, crowne and cuntrie, all who wittinglie and willinglie withdraw thair assistance from thair native cuntrie in hir extremitie and contributis thair helpe and countenance to the adversaries, all who ar ather authours, abaitters, manteaners or suppliers or airt and pairt or have anie hand in the countenancing and concurring with the adversaries of this kingdome to the subdueing and distroyeing thairof, and speciallie these that have seamed to joyne with his majesties subjectes and estates of this kingdom in subscryveing of the Nationall Covenant, and lykewyse be the large treattie confirmed in the parliament of bothe kingdomes of Scotland and England and in speciall in his majesties second parliament haldin be his majestie and his hienes estates of this kingdome in the yeir 1641, it is statut and ordaned that incace anie of his majesties subjectis of anie of his hienes kingdomes sall ryise in armes or mak warre against anie other of the kingdomes and subjectes thairof without consent of the parliament of that kingdome quhairof they ar subjectes or upon whiche they doe depend, that they salbe held, reputed and demained as traitours to the estates quhairof they ar subjectis. Lykeas be the declaratioune of bothe the kingdomes of Scotland and England joyned in armes for the defence of the trew religion it is thair declared be the convention of estates of Scotland at Edinburgh the sext day of Januar lastbypast that if anie of the Scottish nation who have joyned themselfes with the popish, prelaticall and malignant pairtie against the parliament and kingdome of England sould continowe in armes eftir the first day of March lastbypast or withdraw thair assistance from thair native cuntrie of Scotland in the tyme of trouble and danger, that than they ar to be censured and punished as publict enemies to thair cuntrie and trew religion and perfidious transgressours of thair Nationall Covenant, and thair estates to be disposed upon for the use of the publict, and generallie all committers and uthairs accessorie or who ar airt and pairt of and to the crymes, misdeidis and maleversatiounes abone and eftirspecefeit incurris the pane of high treassone and the pane of forfaultrie of lyfe, landis, estates and guids to be applyit to the use of the publict as said is; at the leist ar wthairwayes punishable at the arbitrement, sensement and determinatioune of the parliament in thair lyves, landis, estates and guidis to be applied to the use of the publict and in thair names and fames be fyneing, confyneing or ony uthairwayis as the said parliament sall find expedient. And trew it is that the forenamed persones, defenders, and everie ane of them (at the leist ane or uthair of them) have committed and ar guiltie and culpable (at the leist accessorie or airt and pairt) of and to the high crymes of treasone and uthair crymes, misdeides and malversatiounes ane or mae particularlie and generallie eftirspecefeit in maner followeing, viz: the said James, erle of Montrose, haveing accepted and takine upon him the charge of ane pretendit commission for invading in hostile maner this cuntrie, trew it is and of veritie that the said erle of Montrose and remanent persones abonespecefeit, his associates or adherentis, or ane or uthair of them, in the monethis of Februar, Marche or Apprile lastbypast not onlie joyned themselfis without consent of the parliament of Scotland and wer in armes with the marques of Newcastle, leidar of ane armie in England a[gani]s the kingdome, subjectis and parliament of England and aganis the Scottis armie sent out of this kingdome be the estates thairof for defence of the trew religion, bot also the foresaidis persones not being content to give thair countenance to the said marques of Newcastle within the kingdome of England, bot also they upon the [...] dayis of Apprile lastbypast did in all hostile maner with foote and horse, souldiours and displayed baner entered within this kingdome of Scotland, thair native cuntrie, at Drumfreis, presented themselfis before the toun and took the said toun and manned the samen and keiped it be the space of [...] dayes; be the quhilk hostile invasion the saides persones and everie ane of them (at the leist ane or uthair of them) ar culpable of the high crymes of treason and ar punishable thairfore in maner abone and eftirspecefeit. Secondlie, the said James, erle of Montroise and the persones abonementioned, or ane or uther of them, his associates and adherentes, persisting in thair rebellious and traiterous courses against thair native cuntrie since thair depairture from Drumfreis, have joyned themselfis in armes with Collonell Clavering, ane uthair of the avowed and notor enemies of the parliament of England and estates of this kingdome, without consent of the parliament of this kingdome of Scotland, and by force of armes upon the [...] dayes of Maii lastbypast did in hostile maner beseage Lieutennent Collonell Somervell in the castle of Morpeth, wha for the tyme was capitan of the said castle, keiping the samen for his majesties use be the command of the committie of estates of Scotland resident with the Scotis armie and of the commissionars of the parliament of England and generall of the Scottis armie in England, and thair forced the said Lieutennent Collonell Somervell and his souldiours quhom he had with him for the tyme to yeild the said castle to the erle of Montroise and his associates and adherentes. Thridlie, eftir the taking of the said castle of Morpeth, the said James, erle of Montrose and the persones abonementioned, or ane or uthair of them, his associates and adherentes, persisting in thair rebellious and treasonable course against thair native cuntrie and being joyned in armes with the said Collonell Clavering, the avowed enemie of the parliament of England and of the estates of this kingdome, without consent of the kingdome of Scotland, did by force of armes in the moneth of Maii lastbypast assault the fort upon the water of Tyne in England called the South Sheills keiped and haldin for the tyme be Capitan Thomas Rutherfuird for the use and be the command of the foresaid committie of estates of this kingdome, and forced the said Capitan Thomas Rutherfuird to yeild the said forte to the said Collonell Clavering and the erle of Montroise and thair adherentes and associats; in doeing quhairof, the said James, erle of Montroise and the remanent persones abonenamit, his associates and adherentes (at the leist ane or uthair of them) have contraveened the said large treattie in anno 1641 by ryising in armes against the kingdome and subjectis of England without consent of the parliament of this kingdome, and thairby have committed the crymes of treassone and aucht to be puneist as traitours to the estates of this kingdome, conforme to the said act of the large treattie. And alse the said James, erle of Montroise and remanent persones abonenamit have in maner abonespecefeit persisted and continwed in armes with the popish, prelaticall and malignant pairtie in England eftir the said last day of March lastbypast and thairby have committed the high cryme of treassone abonespecefeit (at the leist ar accessorie thairto or airt and pairt of the samen) and thairfore the forenamit persones, defenders, and ilk ane of them (at the leist ane or uthair of them) have committed and ar culpable (at the leist accessorie or airt and pairt) of and to the high crymes of treassone and uthair crymes, misdeidis and maleversatiounes ane or mae of them particularlie and generallie abonespecefeit, and consequentlie they and ilk ane of them (at the leist ane or uthair of them) have incurred the foresaid pane and punishment of high treasson to be execute aganis them in thair lyves, landes, estates and guidis and the benefite thairof to be applyit to the use of the publict; at the leist they have incurred the foresaid censure and punishment in thair persones, landis and guids and in thair names and fames to be applyit to the use of the publict or utherwise censured and punished as open and manifest traitours and enemies to the kingis majestie and this his kingdome of Scotland and estates thairof according to the nature and qualitie of thair crymes, misdeides and maleversatiounes ane or mae respective foresaid conforme to the lawis and practice of this realme and justice, ressone, equitie and conscience at the arbitrement, determinatioune and sensement of the parliament or committie thairof or convention of estates or committie of the same, conforme to thair sentence, decreit and delyverance to be given and pronuncit aganis the saids defenders thairwith, as the foresaid sumondis of treasson granted be delyverance of the parliament, dated the sevint day of Junii jM vjC and fourtie four yeirs and signet the ellevint day of the samen moneth of Junii the samen yeir, proportis and beirs, and anent the charge given to the saidis James, erle of Montrose, Robert, erle of Nithisdale, James, vicount of Aboyne, Johne, lord Herreis, Collonell William Stuart, Capitan William Rollok, Sir Phillip Nisbet, [...] Hay of Delgatie, Capitan William Home and certaine uthairs persones contenit in the said sumondis, and the tutours and curatours of sa manie of them as ar minors, if they anie have, for thair entress, be James Currie, Ilay herauld, upon the ellevint day of Junii jM vjC and fourtie four yeirs at the mercate croce of Edinburgh and peir and shore of Leith and at everie ane of the samen places be oppine proclamatioune and sound of trumpet, to have compeired before the estates of parliament or before the convention of estates or before the committie of parliament or of the convention of estates or ony of them that sould happine to be sitting at Edinburgh or quhair it sould happine them to be for the tyme the fyiftene day of August than nixtocum and now lastbypast, with continuatione of dayis, to have answered at the instance of his majesties advocat and at the instance of the uthair advocats abonenamit, procurators for the estates of this kingdome, for the caus and to the effect abonementionat; with certificatioune to the dissobeyars if they sould be contumacious and compeir not, the estates of parliament or committie of parliament or convention of estates or committie thairof for the tyme wald than instantlie proceid aganis the saids defenders who did not compeir as rebells and traitours and guiltie of treason aganis the kingis majestie and this kingdom and estates thairof to the forfaulting of thair lyves, landis, estates and guidis to the use of the publict, and that thair absence and contumacie sould be haldin as manifest probatioune of thair guiltines without necessitie of anie farder probatioune, bot if they compeired and remaned present at the haill dyetis of proces that than the parliament or committie thairof or convention of estates or committie thairof or ony of them sittand for the tyme wald proceid aganis the saids defenders upon laufull probatioune to the forfaulting of thair lyves, lands, estates and guids to the use of the publict as said is, conforme to that pairt of the foresaid sumondis of treasone conteining the said certificatioune, as the said executioune subscryvit and stampit be the said James Currie of the date foresaid proportis and beirs. Quhilk sumondis and executiounes thairof foresaidis wer upon the said fyiftene day of August producit before the committie of the estates of parliament than sitting be the said Mr Thomas Nicolsone in name of the kingis majesties advocat and for the said Mr Thomas himselfe and remanent procurators abonenamit for the estates, at whais instance the samen sumondis is raisit. Lykeas the saidis James, erle of Montrose and remanent persones foresaids, his associates and adherentis, wha ar cited be the said sumondis in maner and to the effect foresaid, wer also upon the said fyiftene day of August lastbypast publictlie, judiciallie and oppenlie called at the doore of the parliament hous quhair the said committie was then sitting thrie severall tymes and not compeirand nathair be themselfis nor nane to answer for them and sua wer contumaces of the charge and citatioune foresaid given to them as said is, quhairupon the said Mr Thomas Nicolsone, for himselfe and in name and behalfe foresaid, askit instrumentis and craved that justice might be ministred upon the foresaid sumondis against the saidis persones and that accordinglie decreit and sentence of forfaultour might be given and pronuncit against them be the said committie of the estates of parliament according to the power and warrand given to the committie of the parliament and as the foresaid sumondis sould be fund relivant and proven. Thaireftir the committie of the estates of parliament did heirupon nominat and appoint ane subcomittie of thair awne number to discus, ressave, considder and advyise the relivancie and probatioune of the foresaid sumondis of treason producit and to report the samen and what they sould find thairintill to the said committie of estates or to the parliament; quhilk subcommittie haveing met and conveened to the effect forsaid, the said Sir Thomas Hoip of Craighall, his majesties advocat, Sir Thomas Nicolsone, Mr Rodger Mowat, Alexander Pearsone, James Baird and Thomas Nicolsone, procurators of estates foresaids, compeirit all personallie in presens of the said subcommittie and declared they insistit onlie hoc loco aganis the saidis James, erle of Montrose, Robert, erle of Nithisdale, James, vicount of Aboyne, Johne, lord Herreis, Collonell William Stuart, Capitan William Rollok, Sir Phillip Nisbet, Sir James Leslie, [...] Hay of Delgatie, Capitan William Home, Capitan William Somervell and Capitan Alexander Charters for invading of this kingdome and the toun of Drumfreis foresaid in maner and at the tyme abonespecefeit, and siclyik insisted aganis the saidis James, erle of Montrose, Robert, erle of Nithisdale, James, vicount of Aboyne, John, lord Herreis, Sir James Leslie and [...] Hay of Delgatie for invading and intakeing of the castle of Morpeth in maner abonewrittin, and inlykemaner declared that they insistit aganis the said James, erle of Montrose for joyneing himselfe with Collonell Clavering and his forces about the tyme of the invading of the said castle of Morpeth and for joyning with the said Collonell Clavering at the assaulting of the forte of Southsheills, but prejudice alwayis to the saidis procurators of estate to insist aganis the foresaids persones contenit in the said sumondis upon anie uthair pointis thairinmentioned at ony tyme heireftir upon the same sumondis, and alse but prejudice to the saids procurators of estate to insist aganis the remanent persones contenit in the said sumondis (not insistit aganis at this present) at ony tyme heireftir upon anie point contenit in the said sumondis before the parliament, convention of estates or thair committies. And the saidis haill defenders now insistit aganis being all laufullie summond to have compeired before the estates of parliament or thair committie, wer oftymes called to have compeirit before the said committie of the estates of parliament and thaireftir of new agane, being thrie severall tymes called to have compeirit before the said subcommittie, compeirit not, bot failzeit thairintill to have hard and sene the relivancie and probatioune of the said summondis discust and ressaved aganis them; quhairupon the foresaid subcommittie did proceid in the discussing, ressaveing, considdering and advyissing of the relivancie and probatioune of the foresaid sumondis aganis the persones abonenamit insistit aganis, conforme to the declaratioune abovewrittin, and they haveing discust, ressaved, considdered and advyissed the foresaid relivancie and probatioune of the said sumondis for the persones abonenamit insistit aganis in maner foirsaid, and the samen being drawen up in forme in writ and subscryved be umquhile John, erle of Lauderdale, as president of the foresaid committie, of the date the thrid day of Januar jM vjC and fourtie fyve yeirs, as the report of that commission foresaid granted to them for discussing and ressaveing of the relivancie and probatioune of the said sumondis of the date foresaid subscryved as said is proportis, the samen report sua subscryved was this day producit in open parliament be the said Mr Thomas Nicolsone, for himselfe and in name of the remanent procurators foresaids for the estates, and being publictlie red in audience of the parliament and considdered be the severall bodies of the estates of parliament at thair severall meitingis apairt, the estates of parliament declaires that they will onlie at this tyme tak in consideratioune the foresaid report producit to be advyissit be them onlie to proceid aganis the saidis James, erle of Montroise, Robert, erle of Nithisdale, James, vicount of Aboyne, Johne, lord Herreis, Collonell William Stuart, Capitan William Rollok, Sir Philip Nisbet, [...] Hay of Delgatie and Capitan William Home at this tyme as said is. And the estates declares they pas simpliy fra the said Capitan Alexander Charters in respect of the assurance given to him be James, erle of Callender, lord lieutennent generall, wha had warrand for that effect, and quhilk assurance the said Capitan Alexander Charters accepted conforme to the tennor thairof. And the estates superseides the advyissing of the foresaid report and the proceiding to sentence aganis the remanent persones insistit aganis in the samen report untill sick uthair tyme as the estates sall think expedient. And thaireftir the saidis James, erle of Montroise, Robert, erle of Nithisdale, James, vicount of Aboyne, Johne, lord Herreis, Collonell William Stuart, Capitan William Rollok, Sir Philip Nisbet, [...] Hay of Delgatie and Capitan William Home being all publictlie called thrie severall tymes in audience of the parliament and at the great doore of the parliament hous be the maissers of parliament to have hard and sene the foresaid report producit, advyissed be the estates of parliament and sentence pronuncit against them and everie ane of them conforme to the said sumondis and report foresaid, they compeirit not, nathair themselfis nor no uthair to answer for them; quhairupon the estates of parliament, haveing red, considdered and advyissed the foresaid sumondis and report producit for the pairtis of the nyne persones abonenamit, aganis quhom the estates declares they will onlie advyise the samen at this tyme in maner before declared, the estates of parliament findis the foresaid member of the said sumondis foundit upon the said James, erle of Montrose, Robert, erle of Nithisdale, James, vicount of Aboyne, John, lord Herreis, Collonell William Stuart, Capitan William Rollok, Sir Philip Nisbet, [...] Hay of Delgatie and Capitan William Home, their invading of this kingdome and the toun of Drumfreis in all hostile maner with foote and horse, souldiours and displayed baneris and thair entering within this kingdome at the said toun, presenting themselfis before the same, taking in and manneing of the said toun and keiping of the same be the space of diverse dayis relivant and sufficientlie proven to inferre the pane and punishment of treassone, viz: forfaltor of lyfe, landis, estates and guidis; and in lykemaner findis that point of the said sumondis foundit upon the saids James, erle of Montrose, Robert, erle of Nithisdale, James, vicount of Aboyne, Johne, lord Herreis and [...] Hay of Delgatie, their invading and beseageing of Lieutennent Collonell Somervell at the castle of Morpeth in the moneth of Maii lastbypast, quhilk Lieutennent Colonell Somervell was than keiping the said castle for the use and be the command of the committie of estates of this kingdome, and their forceing of the said lieutennent colonell to yeild the said castle to them, lykewayis relivant and sufficientlie proven to inferre the pane and punishment of treasone, that is to say forfaltour of lyfe, landis, estates and guids; and farder the estates findis that member of the said sumondis foundit upon the said James, erle of Montroise, his joyneing with Collonell Clavering (the avowed enemie of the parliament of England and of the estates of this kingdome) without consent of the parliament of this kingdome by force of armes and his assaulting of the forte upon the water of Tyne called the Southsheills, keiped and haldin for the tyme be the said Capitan Thomas Rutherfuird for the use and be the command of the committie of the estates of this kingdome, and forceing the said Capitan Thomas Rutherfuird to yeild the said forte to the said Colonell Clavering and his contraveining of the article of the treattie abonewrittin (throw the doeing thairof) made in anno 1641 in maner abonementioned; and lykewyse the said erle of Montrose, his joyneing with the said Collonell Clavering at the invading and beseageing of the castle of Morpet in maner and at the tymes abonewrittin also relivant and sufficientlie proven to inferre the pane and punishment of treasone, that is forfaltor of lyfe, landis, estate and guidis. And thairfore the estates of parliament geives furth and pronuncis thair decreit and sentence of forfaltour as followes, viz: the estates findis, decernis and declares that the saidis James, erle of Montrose, Robert, erle of Nithisdale, James, vicount of Aboyne, Johne, lord Herreis, Collonell William Stuart, Capitan William Rollok, Sir Philip Nisbet, [...] Hay of Delgatie and Capitan William Home, brothir to [...] Home of Crumstane, and everie ane of them hes incurred the pane and punishment of treasone, viz: forfaltour of thair lyves, landis, estates, guidis and geir heritable and moveable, and decernis and declaires the foresaids nyne persones abonenamit and everie ane of them traitours to the estates of this kingdome and forfaultis them and ilk ane of them in thair lyves, landis, estates, guidis and geir heritable and moveable to be applyed to the use of the publict; and ordanes the lyoun king at armes to ryve and deleit out of the book of armes in face of parliament and at the croce of Edinburgh eftir sound of trumpet the armes of ilk ane of the foresaids nyne forfaulted persones abonenamit. Quhilk decreit and sentence off forfaltor abonementionat, being publictlie red in audience of the parliament, was given out and pronuncit for doome and law against the nyne persones abonenamit in face of parliament be John Mylne, dempster of parliament. Quhairupon the said Mr Thomas Nicolsone, personallie present in name of the said Sir Thomas Hoip, his majesties advocat, and himselfe and remanent procurators of estate abonenamit, askit instrumentis.†
[1645/1/76]*[print] [email] [cite] [preceding] [following]
In the parliament haldine at Edinburghe, the ellevinth day of Febrar jM vjC and fourtie fyve yeeres be the estates of parliament, now conveend in the second sessione of this first trienniall parliament be vertew of the last act of the last parliament haldine be his majestie and thrie estates in anno 1641, anent the summondis raisit at the instance of Sir Thomas Hoip of Craighall, knyght barronet, his majesties advocat, and alse at the instance of Sir Thomas Nicolsone of Carnok, knyght, Mr Rodger Mowat, Mr Alexander Pearsone, Mr James Baird and Mr Thomas Nicolsone, advocats and procurators for the estates of parliament, aganis James, erle of Montrose, Alexander McDonnald alias Colkittoches sone, James, erle of Airlie, Sir Thomas and Sir David Ogilvies, his sones, John Stewart of Auchannachin, Donnald Glas McRonnald of Keppoche, David Graham of Gorthie, Patrik Graham, fear of Inchebrakie, John McColmie, Donnald Rotsone, tutor of Strowan, Alexander Ogilvie, younger, of Innerquharitie, John Stewart of Sheirglas and certane uthairs persones contenit in the said sumondis and executiounes thairof, and the tutours and curatores of sa manie of the samen persones as ar minours, if they anie have, for thair entress, that is to say the saids defenders to have answered for the crymes, factis and deidis particularlie and generallie underwrittin and all uthair crymes of that kynd quhilk may be layed to thair charges, and to have hard and sene them or ane or uthair of them decernit and declarit be the estates of parliament or convention of estates of this kingdome or be thair or ather of thair committies respective to be guiltie of the saidis crymes and misdeads, and thairfore to have incurrit the pane of high treasone against our soverane lord and his hienes crowne and against the estates of this his ancient and native cuntrie, and pane of forfaltor of lyfe, landis, estates and guidis to be execute against them be the parliament or the convention of estates of this kingdome or be thair or ather of thair committies respective, and the benefite thairof to be applyit to the use of the publict for releife of thair burdings or otherwyse in the option of the parliament to have hard and sene them uthairwayis censured and punished in thair persones, names and fames and in thair landis, guidis and estates by fyneing, confyneing or uthairwayis as the parliament or convention of estates or their or ather of thair committies respective foresaid sall find expedient under the pane of high treason and forfaltor or uthair pane or panes to be inflicted be the parliament or committie thairof or convention of estates or committie thairof at thair option, sensement and arbitrement, and the benefite thairof to be applyit to the use of the publict for releife of the publict burdings, becaus be the comoune law, lawis and statutis of this kingdome and be all justice, reasone, equitie and conscience all persones quhatsumevir who ryses in rebellion, takis up armes or who concurris with the adversaries of this kingdome aganis the estates thairof or armies leveyed be them or be thair committies, and all invaders, assaultours by force of arms of anie of the armies leveyed for defence of this kingdome, all killers of his majesties lieges, takers and apprehenders and imprisoners of them, all wilfull raisers of fyres, burners of houses, corns or kirks, all takers or holders of houses, castles, touns or fortis or garisons thairin within the said kingdome, all persones, being landit men, committers of thift, stouth reiff and robrie ar guiltie of high treason and all who ar ather authours, abaters, manteinars, assisters or suppliers or have anie hand in the countenancing and concurring with the enemies and adversaries of this kingdome, all who goes in to the armies of the rebells and invaders of the kingdome, all who ar airt and pairt of the foresaid crymes or ony of them ar guiltie of high treason and incurris the pane of forfaltor of lyfe, landis, estates and guids to be applyit to the use of the publict as said is, at the least ar uthairwayis punishable at the arbitrement, sensement and determinatioune of the parliament or convention of estates or thair committies respective in thair lyves, landis, estates and guidis to be applyit to the use of the publict and in thair names and fames by fyneing, confyneing and uthairwayis as the said parliament or convention of estates or committies thairof respective sall think expedient. And trew it is that the saidis James, erle of Montroise, Allaster McDonnald alias Colkittoche and remanent defendours abonenamit (or ane or uthair of them) hes upon the first, second and remanent dayis of the moneths of Julii, August, September and October (or ane or uthair of them) in the yeir of God jM vjC fourtie four yeirs cum into this kingdome and led and conducted ane armie of armed Irish men armed in all hostile maner with all kynd of invasive weapons throw this kingdome with displayed baner, and hes sorned from the west sea to the eist sea thairof with the said armie and hes herried, killed, burnt and distroyit his majesties good subjects in all pairtis quhairthrow they led the said rebellious armie; at the leist the saidis defenders and ilk ane of them (at the leist ane or uthair of them) have concurred with, fortified and assisted the saids Irish rebells and gone into the said rebellious armie at severall tymes and places quhen the Irish rebellious armie wer sorneing, waisting and distroyeing his majesties good subjects and thair houses, cornis and guidis throw diverse places of this kingdome; lykeas the said James, erle of Montroise most rebelliouslie and traiterouslie hes behaved himselfe as commander in chiefe of the saidis Irish rebells evir since he joyned with them at diverse tymes and places in maner eftirspecefeit, and especiallie they and ilk ane of them (at the leist ane or uthair of them) come upon the [...] day of August last and besieged the castle of Blair of Atholl and took the samen by force of armes, and lykewyse upon the [...] day of August last invaded the place of Weyme perteining to the laird of Weyme Menzies and wilfullie fyred, burnt and distroyit the houses of the tennents perteining to the said laird of Weyme and his woodes; lykeas the saids defenders and ilk ane of them (at the leist ane or uthair [of] them) cam upon the [...] day of August lastbypast with thair said rebellious armie towardis the toun and frie burgh of Pearth and camped about the same within thrie or foure myles thairof at Tibbermwre to have taken in the said toun and upon the feist day of September lastbypast, at quhilk tyme forces wer raised be the estates of this kingdome for resisting and suppressing of the said rebellious armie led and conducted be the saids defenders, the saids defenders and everie ane of them (at the leist ane or uthair of them) entered in ane cruell combat and conflict with his majesties good subjectis at Tibbermwre neir the said burghe of Pearth and killed and cruellie murthered manie of the good subjectis and took ane great number of them prisoners upon the feildis thair and within the said toun of Pearth, and thaireftir entered the said toun of Perth, spoyled and robbed the samen at thair pleasir; lykeas the said rebellious armie and the saidis defenders and ilke ane of them (at the leist ane or uthair of them) haveing retired furth of the said toun of Pearth upon the [...] day of September lastbypast took with them as prisoners manie of his majesties good subjectis and went in hostile maner and battell array as said is to the Kerse of Gowrie and shirrefdome of Angus and approached to the toun of Dundie and set doune thair camp about Dundie Law, being within a myle of the said toun of Dundie or thairabout, and most proudlie, insolentlie and traiterouslie sumondit the said toun to rander, and being repulsed took thair journey throw Angus quhair they spoyled, herried and brunt all his majesties good subjectis where they come, and straight way marched throw the shireffdome of Kincardine and entered the shireffdome of Abirdene. Lykeas the estats of this kingdome and committie thairof, haveing for the peace and welfare of this kingdome and especiallie of the northern pairtis thairof about the toun of Abirdene granted ane commission to certane [of] his majesties good subjectis for preservatioune of his hienes peace and for the safeguard of his majesties good subjectis in these northern pairtis, and for that effect haveing leveyed and sent to the toun of Abirdene and to these northerne pairtis nixt adjacent thairto certane forces of armed souldiers, horse and foote for preservatioune and defence foresaid and for repressing the cruelties and insolencies of the said rebellious armie and the said defenders, trew it is that the said rebellious armie and the saids defenders and ilk ane of them (at the leist ane or uthair of them) did upon the threttine day of the said moneth of September lastbypast treasonablie and unnaturallie assault the toun of Abirdene quhair the foresaid committie established be the estates of parliament of this kingdome and thair forces wer for the tyme, and did entir in ane cruell combat and conflict with the saidis forces of the estates of this kingdome and with uthairs [of] his majesties good subjectis and cruellie killed and murthered manie of them upon the feildis nixt adjacent to the said toun of Abirdene, and immediatlie thaireftir in hostile and treasonable way entered the said toun of Abirdene, took the same and keiped the same be the space of certane weekis and dayis, and in the meantyme did cruellie, unnaturallie and treasonablie spoilzie, robbe, kill and murther his majesties good subjectis, inhabitantis thairin. Lykeas the said rebellious armie and the saids defendours and everie ane of them (at the leist ane or uthair of them) persewing and followeing furth thair cruell and treasonable designes aganis his majestie, this kingdome and good subjectis thairof, haveing since the said treasonable invasion of the burgh of Abirdene sorned throw the north pairtis of this kingdome and thaireftir returning bak to the shireffdomes of Pearth of Angus, they and ilk ane of them (at the leist ane or uthair of them) upon the aucht and nynt dayes respective of October lastbypast did most cruellie and treasonablie raise wilfull fyre and burnt the house of Litle Blair in the Stormonth and the hous of Ardblair and corneyaird thairof, and sicklyik thaireftir the said rebellious armie and the saids defenders and everie ane of them (at the leist ane or uthair of them) persisting in thair treasonable designes, sent out a pairtie of thair rebellious armie to the burgh of Dundie and wilfullie and treasonablie raised wilfull fyre in the suburbis thairof called the Bonnet Raw. Lykeas the saidis James, erle of Airlie, Sir Thomas and Sir David Ogilvies, his sones, did lykewyse tak up armes aganis this kingdome and estates of the cuntrie and cam with certane horse and foote with them tua nightes before the conflict at Abirdene to the saidis James, erle of Montrose and Alexander McDonnald and remanent Irish rebells and wer present with them at the said conflict and remaned with them a long tyme thaireftir. And sicklyik the said John Stuart of Sheirglas, John Stuart of Innerchannoquhan and Donnald Glas McRonnald of Keppoche hes takine armes aganis the said kingdome and estates of the cuntrie and hes behaved themselfis as capitanes or commanders in the said rebellious armie; and in lyke maner the said David Graham of Gorthie hes takine up armes against the kingdome and estates of the cuntrie with the saidis erle of Montrose, Alexander McDonnald and the Irish rebells foresaids and was commissar of the rebells armie and was present with them at the conflict at Abirdene. Off the quhilks crymes of treason particularlie abonespecefeit (at the least of ane or uthair of them) the said James, erle of Montrose and the remanent defenders abonespecefeit ar principall actours, authours, abaitters or airt and pairt, at the least the saids defenders and everie ane of them (at the leist ane or uthair of them) ar mantenars, assisters or supplears of the said rebellious army, at the least have countenanced and concurred with the said rebellious armie and the said James, erle of Montrose, being enemies, adversars and invaders of this kingdome; at the leist the saids defendars and ilk ane of them (or ane or uthair of them) have keiped intelligence with the said erle of Montroise and the said rebellious armie, adversares and invaders of this kingdome, at the leist the saids defendars and ilk ane of them (or ane or uthair of them) did goe in to the said rebellious armie or to the said James, erle of Montroise since the [...] day of [...] lastbypast, at the leist the saids defenders and ilk ane of them (or ane or uthair of them) ar guiltie and airt and pairt of the foresaids factis and deidis abonespecefeit or ane or uthair of them, and thairfore the saids defenders and ilk ane of them (at the least ane or uthair of them) have committed and ar culpable (at the leist [are] accessorie or airt and pairt) of and to the high crymes of treasone and uthair crymes, misdeidis and maleversatiounes ane or mae particularlie and generallie abonespecefeit, and consequentlie they and ilk ane of them (at the leist ane or uthair of them) have incurred the foresaid pane and punishment of high treason to be execute aganis them in thair persones, lyfes, lands, estats and guids and the benefite thairof to be applyed to the use of the publict; at the leist they have incurred the foresaid censure and punishment in thair persones, names and fames and in thair landis, estates and guids to be applyit to the use of the publict or uthairwayes censured and punished as open and manifest traitours and enemies to our soverane lord and to this kingdome and estates thairof according to the nature and qualitie of thair crymes, misdeidis and maleversatiounes ane or mae respective foresaids, conforme to the lawis and practice of this realme and justice, reasone, equitie and conscience at the arbitrement, sensement and determinatioune of the parliament or committie thairof or convention of estates and committie of the samen, conforme to the sensement, decreit and delyverance to be given and pronuncit aganis the saids defenders thairin, as the foresaid sumondis of treasone granted be delyverance of the lordis commissionars of parliament, daited the tuelt day of October jM vjC fourtie four yeirs and signet the sevint day of November the samen yeir 1644 yeirs, proportis and beiris, and anent the charge given to the saidis James, erle of Montrose, Alexander McDonnald, James, erle of Airlie, Sir Thomas Ogilvie, Sir David Ogilvie, John Stuart, Donnald glas McRonnald, David Graham of Gorthie, Patrik Graham, fear of Inchebrakie, John McColmie, Donnald Rotsone, tutor of Strowan, Alexander Ogilvie, younger, of Innerquharitie, John Stuart of Sheirglas and the tutours and curatours of sa manie of them as ar minors, if they anie have, for their entress. Quhairby the foresaids persones and everie ane of them and thair saids tutours and curatours of sa manie of them as ar minors wer laufullie sumondit, wairned and charged conforme to the ordinance and warrand contenit in the said sumondis, to have compeirit before the estates of parliament or convention of estates or thair committies respective that sould be sittand for the tyme at Edinburgh, or quhair it sould happine them to be for the tyme the sevint day of Januar than nixttocum and now lastbypast, with continwatioune of dayes, to have answered at the instance of his majesties advocat and at the instance of the uthair advocates abonenamit, procurators for the estates of this kingdome, for the crymes, factes and deidis particularlie and generallie abonewrittin, and all uthair crymes of that kynd quhilk might be layed to thair charges, and to have hard and sene them or ane or uthair of them decernit and declarit be the estates of parliament or convention of estates or be thair or ather of thair committies respective to be guiltie of the saids crymes and deidis, and to have incurred the pane of high treasone aganis our soveran lord and his hienes crowne and aganis the estates of this his ancient and native cuntrie and pane of forfaltor of lyfe, landis, estates and guids to be execute against them be the parliament or the convention of estates of this kingdome or be thair or ather of thair committies respective and the benefite thairof to be applyit to the use of the publict for releife of thair burdingis, or uthairwayis in the option of the parliament to have hard and sene them uthairwayis censured and punished in thair persones, names and fames and in thair lands, guids and estates by fyneing, confyneing or uthairwayis as the parliament or convention of estates or thair or ather of thair committies respective foresaid sall find expedient under the pane of high treasone and forfaltor or uthair pane or panes to be inflicted be the parliament or committie thairof or convention of estates or committie thairof at thair option, sensement and arbitrement, and the benefite thairof to be applyed to the use of the publict for releife of thair publict burdings; with certificatioune to the dissobeyars if they be contumacious and compeir not, the estates of parliament or committie thairof or convention of estates or committie thairof wha sould happine to be sittand for the tyme wald than instantlie proceid aganis the saids defenders and everie ane of them wha did not compeir as rebells and traitours and guiltie of highe treasone against the kingis majestie and his hienes crowne and the estates of this kingdome to the forfaulting of thair lyves, landis, estates and guids to be applyed to the use of the publict, and that thair absence and contumacie sould be haldin as manifest probatioune of thair guiltines without necessitie of anie farder probatioune, bot if they compeired and remained present at the haill dyetis of proces, that then the parliament or committie thairof or convention of estates or committie thairof or anie of them as sould happine to be sittand for the tyme wald proceid aganis the saids defenders upon laufull probatioune to the forfaulting of thair lyves, landis, estates and guidis to be applyed to the use of the publict as said is, or uthairwayis be punished and censureing them according to the nature and qualitie of thair crymes, misdeidis and malversationes, and that in the option and arbitrement of the parliament or committie thairof or convention of estates or committie thairof that sould be happine to be sittand for the tyme to be disposed upon be them to the use of the publict, and utherwayis useing of the saids defenders in all hostile maner as open and manifest traitours to the kingis majestie and to this kingdome and estates thairof, conforme to the lawis and practice of this realme and justice, ressone, equitie and conscience at the arbitrement, sensement and determinatioune of the parliament or committie thairof or convention of estates or committie thairof as sould happine to be sittand for the tyme, as the saids executiounes subscryved and stampted be the executours thairof abonenamit of the dates foresaids proportis and beirs. Quhilk summondis and executiounes thairof, being publictlie exhibite in open parliament upon the [...] day of Januar lastbypast be the said Mr Thomas Nicolsone, in name of the kingis majesties advocat and for the said Mr Thomas himselfe and remanent procurators abonenamit for the estates, at whais instance the samen sumondis of treasone and forfaltor is raisit and execute, the samen sumondis and the said James, erle of Montrose, Alexander McDonnald, James, erle of Airlie, Sir Thomas and Sir David Ogilvies, John Stewart of Auchannachine, Donnald Glas McRonnald, David Graham, Patrik Graham, John McColmie, Donnald Rotsone, Alexander Ogilvie and John Stewart of Sheirglas and everie ane of them and the tutours and curatours of sa manie of them as ar minors, if they anie had, for thair entress, wer then thrie severall tymes publictlie called in audience of the parliament and at the great doore of the parliament hous be the ordinar maissers of parliament and compeired not nathair be themselfis nor nane to answer for them, bot wer contumaces of the charge and citatioune abonementioned given to them to the effect abonementionat, quhairupon the said Mr Thomas Nicolsone, for himselfe and in name and behalfe foresaid, askit instrumentis. Thaireftir the estates of parliament did nominat and appoint ane committie of thair awne number to discuss, ressave, considder and advyise the relivancie and probatioune of the foresaid sumondis producit, quhilk committie haveing met and conveened to the effect foresaid, the saidis Sir Thomas Hoip of Craighall, his majesties advocat, Sir Thomas Nicolsone, Master Rodger Mowat, Alexander Pearsone, James Baird and Thomas Nicolsone, procurators for the estates of this kingdome, at whais instance the foresaid sumondis of treason producit is raisit and execute, compeired all personlie in presens of the said committie and declared that they insistit primo loco upon the said sumondis aganis the saids James, erle of Montrose, Alexander McDonnald alias Coilkittokis sone, James, erle of Airlie, Sir Thomas and Sir David Ogilvies, his sones, Alexander Ogilvie, younger, of Innerquharitie, Patrik Grahame, feare of Inchbrakie, David Graham of Gorthie, Johne McColmie, John Stuart of Sheirglas, John Stewart of Auchannachine, Donnald Rotsone, tutor of Strowan, and Donnald Glas McRonnald of Keppoche, but prejudice to them to insist at ony tyme heireftir aganis the haill remanent defenders contenit in the said sumondis and that upon this same sumondis as they sall ressave order from the estates of parliament, convention of estates or thair committies respective. And thaireftir, for instructing of the pointis of the said summondis in a pairt, than producit ane command and ordinance given be the erle of Montroise quhairby the said James, erle of Montroise ordanes all and quhatsumevir trew subjectis that ar able for his majesties service betuixt sixtie and sixtene to repaire to his armie with thair best armes, conforme to the commission given be his majestie to raise his forces within the kingdome of Scotland under the pane of burneing and slayeing of all and quhatsumevir dissobedient persones, as the said ordinance subscryvit with his hand at Forfar, the nynt day of September jM vjC and fourtie four yeirs proportis. And the saidis James, erle of Montroise and remanent persones abonenamit now insistit aganis, being all laufullie sumond in maner and to the effect beforerehearsit and first called in face of parliament and not compeirand as said is, wer lykewyse oftyms callit be the maissers of parliament at the patent doores of the parliament hous to have compeired before the said committie to have hard and sene the relivancie and probatioune of the foirsaid summondis of treasone discust, ressaved, considdered and advyssed be the said committie, and compeired not bot failzeit to compeir as said is; quhairupon the said Mr Thomas Nicolsone, for himselfe and in name of the remanent procurators of estate also, than askit instrumentis, in respect quhairof the said committie did proceid to the discussing of the relivancie of the foresaid sumonds and ressaveing of the probatioune thairof aganis the persones abonenamit now insistit upon in maner before declared. And the said committie haveing diverse and sundrie tymes met and conveened to that effect and considdered and discust the relivancie of the said sumondis, as also ressaved the depositions of diverse and sundrie famous witnesses and uthair probatioune for proving of the pointis of the said sumonds aganis the defenders abonenamit now insistit aganis as said is, they, eftir consideratioune and advyissing thairof and what they had fund concerneing the foresaid relivancie and probatioune, caused draw up in writ thair report of the foresaid commission granted to them for discussing and ressaveing of the relivancie and probatioune thairof foresaid, quhilk was subscryved be the president of that committie and is dated the sevint of Februar instant. Quhilk report sua subscryvit being producit in open parliament and publictlie red in audience of the parliament and thaireftir considdered be the severall bodies of the estates of parliament at thair severall meittingis apairt, and the samen report being this day of new red in audience of the parliament, the estates of parliament declaires that they will onlie at this tyme tak in consideratioune the foresaid report producit to be advyissed be them onlie to proceid aganis the saidis James, erle of Montroise, Alexander McDonnald alias Coilkittok's sone, James, erle of Airlie, Sir Thomas and Sir David Ogilvies, John Stuart of Auchannachine, Donnald Glas McRonnald, David and Patrik Grahames, Johne McColmie, John Stuart of Sheirglas, Donnald Rotsone and Alexander Ogilvie conforme to the declaratioune abonewrittin made be the procurators for the estates, and thaireftir the saidis James, erle of Montroise and remanent persones abonenamit now insistit aganis as said is, being all publictlie called thrie severall tymes in audience of the parliament and at the great doore of the parliament hous be the maiserss of parliament to have hard and sene the foresaid report producit, advyissed be the estates of parliament and sentence pronuncit aganis them and everie ane of them conforme to the samen report and to the desire and conclusion of the foresaid sumondis, they compeired not nathair be themselfis nor na uthair to answer for them; quhairupon the estates of parliament, haveing red, considdered and advyissed the foresaid report and sumondis producit for the pairtis of the threttine persones abonenamed now insistit aganis in maner before declared, they find the proposition of the said sumondis in sa far as the samen is foundit upon the takeing up of armes against the kingdom and estates of the cuntrie relivant aganis the persones now insistit aganis to inferre the pane and punishment of treasone; and siclyik findis that pairt of the proposition of the said sumondis foundit upon the wilfull raisers of fyre, burners of houses, cornis or kirkis relivant aganis the saidis persones lykewyse to inferre the said pane and punishment of treason; and in lykemaner findis that member of the proposition of the said sumondis foundit upon the committing of stouthe reiff in landit men lykewyse relivant aganis the persones now insistit aganis to inferre the said pane and punishment of treasone; and siclyik findis that member of the assumption of the said sumondis foundit upon the said James, erle of Montroise, his taking up of armes against the kingdome and estates of the cuntrie with the said Alexander McDonnald alias Coilkittoches sone with ane great number of Irish rebells in hostile maner, and the said Alexander McDonald, his taking up of armes aganis the kingdome and estates of the cuntrie, and upon the saids James, erle of Montrose and Alexander McDonnald, thair continweing in armes as said is and thair cruell killing and unnaturall murthering of ane great number of the kingis good subjectis at the field of Tibbermwre, and shortlie thaireftir thair entering in hostile way within the burgh of Pearth, takeing in of the said toun and thaireftir taking and apprehending thrie or foure hundreth of the saids frie leiges of this kingdome at and within the said toun of Perth; and the said James, erle of Montrose, his caryeing of himselfe as commander in chiefe of the saids Irish rebells and as lieutenent generall in that rebellious armie, and the said Alexander McDonnald, his carieing and behaveing of himselfe in the said rebellious armie as generall major thairof, and the saidis James, erle of Montrose and Alexander McDonald, thair conducting and leading of the said Irish rebellious armie towards the toun of Dundie and thair lyeing doune at the bak of the Law of Dundie neir to the toun of Dundie, and in lyke maner the saids James, erle of Montrose and Alexander McDonnald, thair continweing in thair said wicked courses in armes aganis the kingdome and estates of the cuntrie and behaveing themselfis in thair severall charges of command in maner abonewrittin with the saids Irish rebellis and thair associates, thair entering in conflict upon the said threttine day of September lastbypast with the saidis subjectis of this kingdome leveyed for defence thairof, and thair cruell killing and unnaturall murthering of ane great number of the saids lieges upon the fieldis nixt adjacent to the toun of Abirdene upon the said day, their taking of the said toun of Abirdene and killing of diverse and sundrie of the kingis lieges within the said toun, sufficientlie proven aganis the saidis James, erle of Montrose and Alexander McDonnald, and findis the saidis James, erle of Montrose and Alexander McDonnald to have committed and to be guiltie of the cryme of treasone in taking up armes against this kingdome and estates thairof in maner foresaid, and thairfore to have incurred the pane and punishment of treasone. And alse the estates of parliament findis that member of the assumption of the said sumondis foundit upon the saidis James, erle of Montrose and Alexander McDonald, thair spoyleing and robbing of the inhabitantes of Abirdene and masterfullie taking of thair guidis and geir from them sufficientlie proven to inferre the severall panes and punishmentis followeing, viz: to inferre aganis the said James, erle of Montrose the pane and punishment of treasone conforme to the act of parliament as being stouth reiff committed be him wha is a landit man and to inferre capitall punishment aganis the said Alexander McDonald as not being ane landit man. And also the saidis estates findis that member of the subsumption of the said summondis foundit upon the said James, erle of Montrose and Alexander McDonnald, thair raiseing of fyre and burneing of the house of Litle Blair and Ardblair and corneyaird of Ardblair sufficientlie proven to inferre the pane and punishment of treason aganis the saidis James, erle of Montroise and Alexander McDonnald, and findis the saidis James, erle of Montroise and Alexander McDonnald to have committed and to be guiltie of the cryme of treasone in taking up armes against this kingdome and estates thairof, raiseing of fyre and burneing of the saids house and corneyaird, and the said James, erle of Montrose to be guiltie of the pane of treasone in committing of the stouthe reiff foresaid within the toun of Abirdene in maner foresaid, and thairfore to have incurred the pane and punishment of treasone. And in lyke maner the saidis estates findis that member of the subsumption of the said sumondis foundit upon the saidis James, erle of Airlie, Sir Thomas and Sir David Ogilvies, his sones, there taking up of armes against the kingdome and estates of the cuntrie and beareing that they come with certane horse and foote with them tua nichtis before the conflict at Abirdene to the saidis James, erle of Montrose and Alexander McDonnald and the remanent Irish rebells and wer present with them at the said conflict and remaned with them ane long tyme thaireftir; and that member of the assumption of the said sumondis beiring that the said John Stewart of Sheirglas hes takine up armes against the kingdome and estates of the cuntrie and hes behaved himselfe as ane capitan with the saidis erle of Montrose and Alexander McDonnald in the rebellious armie foresaid; and siclyik that member of the said assumption beirand that the said John Stewart of Innerchannochan hes lykewyse tane up armes against the kingdome and estates of the cuntrie with the saidis James, erle of Montrose and Alexander McDonnald in the said rebellious armie and behaveand himselfe as ane capitan thairin; and that Donnald Glas McRonnald of Keppoche hes also takine up armes against the kingdome and estates of the cuntrie with the saidis James, erle of Montroise and Alexander McDonnald and Irish rebells foresaids and behaved himselfe as ane commander thairin; and siclyik that member of the said assumption foundit upon the said David Graham of Gorthie, his taking up of armes against the kingdome and estates of the cuntrie with the said erle of Montrose and Alexander McDonald and the Irish rebells and his being present at the conflict at Abirdene and his being comissar to the rebells armie; and in lykemaner that member of the said assumption bearing that Patrik Graham, younger, of Inchbrakie, Donnald Rotsone, tutor of Strowan, John McColmie and Alexander Ogilvie, younger, of Innerquharitie hes takine up armes against the kingdome and estates of the cuntrie with the saidis James, erle of Montrose and Alexander McDonnald and the Irish rebellis and wer all present at the faught of Abirdene, sufficientlie proven against everie ane of them to inferre the pane and punishment of treasone aganis the saidis James, erle of Airlie, Sir Thomas and Sir David Ogilvies, his sones, John Stewart of Sheirglas, John Stewart of Innerchanachan, Donnald Glas McRonald of Keppoche, David Graham of Gorthie, Patrik Graham, younger, of Inchbrakie, Donnald Rotsone, tutor of Strowan, John McColmie and Alexander Ogilvie, younger, of Innerquharitie, and findis them thairby to have committed and to be guiltie of the cryme of treassone in taking up armes against this kingdome and estates thairof in maner foirsaid and thairfore to have incurred the pane and punishment of treassone. And thairfore the estates of parliament gieves furth and pronunces thair decreit and sentence of forfaltour aganis the foresaids persones abonenamit in maner abonewrittin and as followis, viz: the estates findis, decernis and declares that the saidis James, erle of Montroise, Alexander McDonnald alias Coillkittoches sone, James, erle of Airlie, Sir Thomas and Sir David Ogilvies, his sones, John Stewart of Innerchannachan, Donnald Glas McRonnald of Keippoche, David Graham of Gorthie, Patrik Graham, fear of Inchbrakie, John McColmie, Donnald Rotsone, tutor of Strowane, Alexander Ogilvie, younger, of Innerquharitie and John Stewart of Sheirglas and everie ane of them hes incurred the pane and punishment of treassone, that is forfaltor of thair lyves, landis, estates, guidis and geir heritable and moveable, and decernis and declares the foresaidis threttine persones abonenamit and everie ane of them traitours to the estates of this kingdome and forfaultis them and ilk ane of them in thair lyves, landis, estates, guidis and geir heritable and moveable to be applyit to the use of the publict, and ordanes the lyoune king at armes to ryve and deleit out of the book of armes in face of parliament and at the croce of Edinburgh eftir sound of trumpet the armes of ilk ane of the foresaids threttine forfaulted persones abonenamit. Quhilk decreit and sentence of forfaltor, being publictlie red in audience of the parliament, was pronunced and given out for doome and law against the threttine persones abonenamit in audience of the parliament be the mowthe of John Mylne, dempster of parliament. Quhairupon the said Mr Thomas Nicolsone, personallie present in name of the said Sir Thomas Hoip, his majesties advocat, and for himselfe and remanent procurators of estate abonenamit, askit instrumentis.†