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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.†