Judicial Proceeding: summons of treason; forfeiture

The quhilk day Maister Robert Creichtoun, advocat to oure soverane lord, presentit, exhibit and producit ane summondis of treason gevin under the testimoniale of the grete seill rasit at the instance of oure said soverane lord, his derrest counsing and uncle, James, erle of Murray, lord Abirnethy etc., regent of his realm, and lieges thairof and his hienes justice, aganis James, erle Boithuile, James Ormistoune of that Ilk, Robert, als Hob Ormistoun, his fader brother, Patrik Wilsoune, brother to Adam Wilsoune, burges of Hadingtoune, William Murray, brother to Adam Murray, Symon Armistrang, als Wantoune Syme, and Pareis [..], Francheman, quhairby thai wer summond to haif comperit before oure said soverane regent and justice and thre estatis of parliament this present and instant xix day of December, in the houre of cause, with continewatioun of dayis, to haif ansuerit to ane summondis of treasoune and lesemajestie rasit aganis thame, and to haif hard thame and ilkane of thame decernit and declarit to haif incurrit diverse crymes of treasoune and lesemajestie contenit in the said summondis and, thairfor, all and sindrie thair guidis movable and unmovable, alsweill landis as offices and utheris guidis pertening to thame, tobe confiscat to oure said soverane, to remane perpetualie to his hienes in propertie, and thair personis to underlie the pane of treasone and cheif puneschement according to the lawis of this realm for diverse causis, as at mair lenth is contenit in the said summondis; quhilk summondis being callit this instant day at the hour of caus, as use is observit in sik caisis, in presens of the saidis thre estatis in parliament, and thairefter the said haill summondis being first red in Latyne and syne in Inglis, with the executionis and indorsationis of the samin; and the said erle and remanent of his collegis particularie abone writtin, being inlykewise thre sindrie tymes callit be thair names and surnames to haif compit this instant day, with continewatioune of dayis, to haif ansuerit to the said sumondis of treasone, and nane of thame comperand, oure said soverane lordis lettres alsua being producit, directit under his said derest regent subscriptione, and signet being inlykewyse producit and oppinlie red, relaxand the said Erle Boithuile and remanent personis respective abone writtin fra the proces of horne led aganis thame for quhatsumeuir caus or occasione bigane, to the effect that thai mycht conpeir and defend thame selffis in the said caus, as at mair lenth is contenit in the saidis lettres of the dait the secund day of October, the yeir of God jM vC lxvij yeris, togidder with the executioneris thairof ane execut upon the thrid day of the said moneth of October last bipast, be Williame Lausoune, messinger, at the mercat croce of Edinburgh, relaxand the forsaidis haill personis respective abone within fra the said proces of horne and gevand the wandis of peax to Edwart Hislop, in thair names; the uther execut be David Fowlar upoune the ferd day of the said moneth of October, at the mercat croce of Hadington, relaxand thame inlykemaner fra the said proces of horne and gevand the wand of peax to Johne Bukim, messinger, in thair names, as at mair lenth is contenit in the forsaidis indorsationis respective. And thairefter the said erle and his complicis respective being of new callit at the said tolbuith windo, and nain of thame comperand, the said advocat desyrit the saidis thre estatis of parliament to ressave the probatione anent the executioune and indorsatioune of the said summondis, quhilk being grantit, thairefter comperit personalie Petir Thomsoune, Ilay herald, and maid fayth in presence of my said lord regent, justice and thre estatis that the executioune of the said summondis maid be him upoune the said erle and remanent of his collegis respective abone writtin upoune the fift and ellevint dayis respective of October last bipast wes just and trew in the self, as the samin proportis and beris; and siclyke Robert Towris, Robert Fokkert and William Moresoune, witnesses contenit in his said executioune and indorsatioune, comperand personalie, maid fayth inlyke maner that thai wer present, hard and saw the said execution maid and that the samin wes just and trew in the self in all poinctis. And in semlable maner Adam MacCullocht, Marchemond herald, comperand personalie in face of parliament, maid fayth that the executioune and indorsatioune maid be him upon the tent day of October, the yeir of God forsaid, upon the said erle and remanent personis forsaidis wes just and trew in the self, as the samin proportis and beris; and for verefying thairof, comperit personalie Thomas Donaldsoune, messinger, and James Thomsoune, witnessis contenit thairintill, and maid faith that thai wer present, hard and saw the said Adam mak the said executioune maid in maner contenit in the said indorsatioun, and that the samin wes trew and just in the self in all poinctis, as the samin proportis and beris. Upoune the quhilkis premisis particulary abone writtin, the said Maister Robert Creichtoune, advocat forsaid, askit instrumenntis.

  1. NAS, Supplementary Parliamentary Papers, PA7/1/21, ff.72-3. Back