[1669/10/30]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his estates of parliament, having considered the process of treason pursued and deduced at the instance of Sir John Nisbet of Dirleton, his majesty's advocate, by warrant and order of his majesty's privy council, before the justice, against the persons after-mentioned for their treasonable rising in arms, and being in and having accession to the late rebellion in the western shires in the year of our Lord 1666, with the libels, interlocutors, probations, depositions of witnesses, and the verdicts of inquests and dooms of forfeiture proceeding thereupon, do find that the justice and their assessors appointed by the council in the said process, in finding the said libels to be relevant, and admitting the same to the knowledge of inquests, and the foresaid inquests in finding the same to be verified and proven, and in giving their verdicts and dooms of forfeiture thereupon respectively, have proceeded justly and warrantably upon relevant libels and clear evidences and probation; and therefore, do ratify and approve their proceedings, interlocutors, verdicts and respective dooms and sentences of forfeiture given and pronounced by them in the said process, namely, the sentence and doom of forfeiture pronounced against Colonel James Wallace, Joseph Learmonth, [...] MacLellan of Barscobe, Mr John Welsh, Master James Smith, Patrick Liston in Calder, William Liston, his son, and William Porterfield of Quarrelton, pronounced upon 15 August in the year of God 1667; and the other sentence and doom of forfeiture pronounced against William Muir of Caldwell, [...] Caldwell, eldest son to the goodman of Caldwell, Robert Kerr of Kersland, Mr John Cunningham of Baidland, Alexander Porterfield, brother to Quarrelton, John Maxwell of Monreith, younger, [...] MacLellan of Belmagachan,† Mr Gabriel Semple, Mr John Guthrie, Mr Alexander Peden, Mr William Veitch, Mr John Cruikshanks and Patrick MacNaught in Cumnock, upon 16 August in the said year of God 1667, and decree and ordain the said process and dooms, and sentences of forfeiture foresaid, to be valid and effectual to all intents and purposes, notwithstanding that the said persons found guilty, and convicted for the crimes foresaid, did not compear in the said process; and declare that the said sentence and dooms of forfeiture shall be of as great force and strength as if the said persons had compeared or the same had been pronounced in parliament. And his majesty, with consent foresaid, does approve his said advocate's service in the said affair, and in respect it was against reason and justice that when any person or persons are accused of high treason, for rising in arms against his majesty or his authority, when they are cited to underlie the law before the justice, if they do not appear, that their absence and contumacy, which ought to be an aggravation if any can be of so high and horrid a crime, should be of any advantage to them, therefore, his majesty, with consent foresaid, does statute and ordain that in time coming, in all such cases of treasonable rising in arms and open and manifest rebellion against his majesty, or his successors and their authority; his majesty's advocate for the time may and ought to insist against and prosecute such persons, as he shall be ordered by his majesty or his privy council to pursue; and if they are cited and do not appear, the justice, notwithstanding of their absence, may and ought to proceed to consider and give their interlocutors upon the libel, and if it be found relevant, to admit the same to the knowledge of an assize, and upon the verdict of the inquest, finding the same to be proven, the doom and sentence of forfeiture ought to proceed and be given and pronounced in the same manner as if the persons accused had compeared and were present. And his majesty, with consent foresaid, does remit to the justice general, justice clerk or justice deputes the summons and process of treason intended at the instance of his majesty's advocate, against certain persons therein mentioned, for their accession to the said rebellion, and depending before his majesty and the estates, with power to them to proceed, notwithstanding of the absence of the said persons, and if the said summons are found relevant and proven by the verdict of inquest, to pronounce the sentence and doom of forfeiture thereupon.
Protestation by [John Maxwell], earl of Nithsdale
The earl of Nithsdale protested that any sentence of forfeiture pronounced against [...] MacLellan of Belmagahan, now ratified in parliament, or any retour of his quinquennial possession, should not prejudice the said earl of his right of property or superiority of the lands of Belmagahan.