Judicial proceeding: summons of treason

The quhilk day, in presence of the lordis commissionaris of parliament, comperit personalie Maister Robert Creichtoun of Eliok, advocat to our soverane lord, and producit ane summondis of tressone dewly executit and indorsat raisit at the instance of our said soverane lord and his justice aganis Johnne, commendatair of Abirbrothok, Claude, commendatair of Paislay, James Hammiltoun of Wodhouslie, callit James of Boithuilhauch, Johnne Hammiltoun, provest of Boithuill, his bruther, Gawin Hammiltoun of Reploch, Robert Hammiltoun of Dalsarf, David Hammiltoun of Monktoun Manys, James Mureheid of Lauchop, Johnne Hammiltoun of Schawtoun, Andro Hammiltoune in Heleis, Robert Hammiltoun in Lethane, Johnne Hammiltoun of Kilbwy, Robert Balfour, bruther to Sir James Balfour, sumtyme of Pettindreich, knycht, Alexander Baillie of Litilgill, eldair, Alexander Baillie, younger, and James Baillie, breither, his sonnis, quhairby they, and every ane of thame, wer summond to have comperit befoir our said soverane and his said justice this xxj day of October instant, with continewatioun of dayis, to have anserit to the said summondis of tressone and lesemajestie for the crymes specifiit thairintill, as at mair lenth is pertenit in the samyne. Quhilk summondis being red in presens of the foirsaidis lordis commissionaris, with the executioun and indorsationis thairof, and thairefter the foirsaidis haill personis, defendaris respective, being callit at the tolbuyth wyndo divers tymes and nane of thame comperand, thairefter the said advocat producit our soverane lordis lettres gevin undir his grace subscriptione and signet of the dait at the castell of Striveling, the xxij day of Julii lastbipast, berand thame to be relaxt fra the proces of horne or for quhatsumevir caus or occasioun bigane at the mercat croce of the burgh of Edinburgh upoun the xxiiij day of the said moneth, to the effect that thay micht compeir and defend in the said caus. And thairefter the saidis defendaris beand of new callit at the said tolbuith wyndo and nane of thame comperand as said is; efter the executionis of the saidis summondis wes red, the said advocate in lykewyse producit Johnne Calder, Bute pursevant, Johnne Somirvill and Williame Forsyth, messingearis, mekaris of the saidis executionis, for probatioun and verificatioun of the saidis summondis, quha comperand personalie maid faith that they and every ane of thame maid the executionis and indorsationis quhilkis wer presentlie red to thame, berand and proportand as the samyn beris, affixt upoun the bak of the saidis summondis, and that the witnesses undirwrittin wer present, hard and saw the samyne: that is to say, Johnne Broun, Williame Forsyth, Johnne Arnot, messingeris, Robert Towris, Ronald Mwir, James Boyd, Archibald Turnet and Cuthbert Young; quhilkis personis comperand personalie in likemaner, maid fayth that they wer present, hard and saw the foirsaidis executionis and indorsationis dewlie maid in maner and forme as the samyne proportis, the saidis executionis beand red to thame; and thairefter the said advocat in likemaner producit our soverane lordis lettrez dewly execut and indorsat upoun certane personis, witnesses, for probatioun of the poyntis of the saidis summondis, the depositioun of umquhile Arthour Hammiltoun of Mirritoune tane befoir certane lordis of the privie counsale, lettres inlykewyse subscrivit be the kingis grace and gevin undir his signet, quhairwith the saidis commendatairis wer chairgit to deliver the castellis of Hammiltoun and Draffen and to mak the samyne patent, and delyverance thairof, with the executionis of the samyne; and alsua producit lettres dewly execut and indorsat upoun the saidis personis quhairby thai wer denuncit rebellis and put to the horne for noncomperance befoir the lordis of previe counsale, to have anserit super inquirendis, and repetit the notorietie of the haill deidis contenit in the saidis summondis for probatioun thairof, and desyrit the witnesses summonit be him to be sworne and examinat be the lordis of the articlis efter thay be chosyne as use is for preving of the saidis summondis. And thairefter, the foirsaidis haill personis, defendaris, being of new callit at the said tolbuyth wyndo and nane of thame comperand as said is, exceptand the said Alexander Baillie of Litilgill, eldair, quha comperand personalie, offerit him self to abyd the triall of ane assyisis for the allegit crymes imput to him pertenit in the saidis summondis or utherwyse the sensament of the thrie estaitis of parliament thairfoir; quhairupoun the said Alexander and advocat respective askit instrumentis, and immediatlie thairefter the said advocat desyrit further proces in the said mater and the haill writtis now producit be him, with the notorietie of the deidis contenit in the saids summondis and witnesses to be producit be him in the said caus, to be sene, considerit and examinat be the lordis of articlis, efter they be chosine, to the effect that they may declair the samyne in face of the thrie estaitis in parliament, and thairupoun askit instrumentis.

  1. NAS, PA2/12, f.18r. Back
  2. A slightly different version of this text can be found at PA2/12, appendix ff.11r-v. Back
  3. NAS, PA2/12, f.19r. Back
  4. A slightly different version of this text can be found at PA2/12, appendix f.11v. Back
  5. NAS, PA2/12, appendix, ff.11v-12r. Back
  6. This is not included in the main register, but Thomson silently incorporated it into APS as it appeared in the appendix, after act 1579/10/5 regarding George Seton, lord Seton. Back
  7. NAS, PA2/12, appendix, ff.12r-v. Back
  8. This is not included in the main register, but Thomson silently incorporated it into APS as it appeared in the appendix, after act 1579/10/6. Back
  9. Followed by a blank half page. Back

The quhilk day, in presence of the lordis commissionaris of parliament, comperit personalie George, lord Seytoun and become cautioner and souirtie for Alexander Baillie, eldair, of Litilgill, that he sall compeir personalie in the tolbuyth of Edinburgh upoun the xxvj day of Octaber instant and submit him self to the jugement of the thrie estaitis of this present parliament for the crymes allegit imput to him pertenit in the saidis summondis of tressone, or sall utherwyse undirly the law thairfoir undir the pane of five thousand merkis; and the said Alexander Baillie oblist him to releif the said Lord Seytoun anent the said souirtie, and aither of thame wer content that lettres wer direct upoun thame to that effect; and thairfoir the saidis lordis commissionaris of parliament ordanis lettres to be direct heirupoun to the effect foirsaid, gif neid beis.

  1. NAS, PA2/12, f.18r. Back
  2. A slightly different version of this text can be found at PA2/12, appendix ff.11r-v. Back
  3. NAS, PA2/12, f.19r. Back
  4. A slightly different version of this text can be found at PA2/12, appendix f.11v. Back
  5. NAS, PA2/12, appendix, ff.11v-12r. Back
  6. This is not included in the main register, but Thomson silently incorporated it into APS as it appeared in the appendix, after act 1579/10/5 regarding George Seton, lord Seton. Back
  7. NAS, PA2/12, appendix, ff.12r-v. Back
  8. This is not included in the main register, but Thomson silently incorporated it into APS as it appeared in the appendix, after act 1579/10/6. Back
  9. Followed by a blank half page. Back

The quhilk day, in presens of the lordis commissionaris of parliamentt, comperitt personalle Maistiris David Borthuik of Lochthill and Robertt Creychtoun of Eliok, advocattis to our soverane lord, and producitt ane summondis of tressoune dewlie executt and indorsatt, raisitt at the instance of oure soverane lord and his justice aganis Colene MacAnze of Kintaill, Roderik MacAnze, his brother germane, Johnne Dow MacCullane, Murdo MacCullane, Johnne MacMurdo, Boysone Allester, Anthone Allester Reid, Johnne Irwein of Kinnok, Andro Irwein, his brother, Donald MacIntagartt, Walter Spens in the channonerie, Williame Barbour thair, Allester Dingwell thair, Johnne Dow als Macinnuk thair, Finlay Mcallane thair, Johnne Denune thair, Johnne MacAlester Roy, Johnne Keill MacAnze, Donald Lochlene, Thomas Chisholme, Donald Moir, David Moresone, quhairby thay war summond to have comperit befoir our said soverane lord this instant twentie ane day of October, with continewatioun of dayes, to have anserit to the said summondis of tressoun dewle execut and indorsat aganis thame for certane crymes of tressoun specefeit thairintill, as at mair lenth is contenitt in the samyn; and to the effect that the saidis persones, defendaris, mycht saiflie compeir, producit oure soverane lordis lettres gewin under his graces signett and subscriptioun of the daitt at the castell of Striveling, the xxij day of Julii lastbypast, beirand thame to be relaxit fra the proces of horne for quhatsumever caus or occasioun bygane, as at mair lenth is contenit in the saidis lettres; and eftir that the foirsaidis haill persones, defendaris particularle abone wrytten, wer diversse and syndre tymes callit at the tolbuith windo, immediatle thairefter the saidis advocattis producit Johnne Calder, Bute pursephant, Johnne Browne, messinger, for probatioun and verificatioun of the executionis and indorsationis of the said summondis, quha comperand personali, maid faith thatt thay and everey ane of thame maid the executionis and indorsationis as the samyn proportis and beiris; and siclyk comperitt personalle Johnne Browne, William Forsyth, messingeris, William Watsoune, David Cuik and Allexander Snype, witnesses contenit in the saidis indorsatiounis, and siclyk maid faith thatt thay war presentit, hard and saw the executionis and indorsationis abone wryttin in maner and forme as the samyn beiris; and thaireftir the foirsaidis haill persones, defendaris, being of new callit at the said tolbuith windo and nane of thame comperand, quhairupoun the saidis advocattis askit instrumentis and desyrit fordar proces in the said maiter.

  1. NAS, PA2/12, f.18r. Back
  2. A slightly different version of this text can be found at PA2/12, appendix ff.11r-v. Back
  3. NAS, PA2/12, f.19r. Back
  4. A slightly different version of this text can be found at PA2/12, appendix f.11v. Back
  5. NAS, PA2/12, appendix, ff.11v-12r. Back
  6. This is not included in the main register, but Thomson silently incorporated it into APS as it appeared in the appendix, after act 1579/10/5 regarding George Seton, lord Seton. Back
  7. NAS, PA2/12, appendix, ff.12r-v. Back
  8. This is not included in the main register, but Thomson silently incorporated it into APS as it appeared in the appendix, after act 1579/10/6. Back
  9. Followed by a blank half page. Back

The quhilk day, in presens of the lordis commissionaris of parliament, comperit personalle Maisteris David Borthuik of Lochthill and Robert Creychttoune of Eliok, advocatis to oure soverane lord, and producit ane summondis of tressoun dewlie execut and indorsat raisit at the instance of oure soverane lord and his justice aganis Johnne Connyghame of Drumquhessill and Johnne Connyghame, his sone and appeirand air, quhairby thay war summond to have comperit befoir oure said soverane lord this instant xxj day of October, with continewatioun of dayes, to have anserit to the said summondis of treissoune dewlie executt and indorsat aganes thame for certane crymes of tressoun specefeit thairintill, as at mair lenth is contenitt in the samyn; and to the effect that the saidis persones, defendaris, mycht saiflie compeir, producit oure soverane lordis lettres gevin under his graceis signet and subscriptioun off the dait at the castell of Striveling, the xij day of August lastbypast, beirand thame to be relaxit fra the proces of horne for quhatsumever caus or occasioun bygane, as at mair lenth is contenit in the saidis lettres; and efter that the saidis persones, defendaris abone wrytten, war diverse and syndre tymes callit at the tolbuith windo, immediatle thaireftir the saidis advocatis producit Johnne Reid, messinger, for probatioun and verificatioun of the executiounis and indorsationis of the said summondis, quha comperand personalle, maid faith that he maid the executionis and indorsationis as the same proportis and beiris; and siclyk comperit personalle Lawrence Barclay, ane of his witnesses insert thairin, quha maid faith that he was present, hard and saw the executionis and indorsationis abone wryttin as the samyn beiris; and tharefter the saidis personis, defendaris, being of new callit at the tolbuith windo and nane of thame compeirand, the saidis advocatis thairupoun askit instrumentis and protestit that thai may be hard to produce the rest of the witnesses at the nixt day quhen the kingis grace, estaitis of parliament or commissionaris sittis.

The saidis advocattis askit instrumentis that thay producitt our soveran lordis lettres dewle execut and indorsat quhairwith thay have summond the witnesses underwrytten: that is to say, [...]

  1. NAS, PA2/12, f.18r. Back
  2. A slightly different version of this text can be found at PA2/12, appendix ff.11r-v. Back
  3. NAS, PA2/12, f.19r. Back
  4. A slightly different version of this text can be found at PA2/12, appendix f.11v. Back
  5. NAS, PA2/12, appendix, ff.11v-12r. Back
  6. This is not included in the main register, but Thomson silently incorporated it into APS as it appeared in the appendix, after act 1579/10/5 regarding George Seton, lord Seton. Back
  7. NAS, PA2/12, appendix, ff.12r-v. Back
  8. This is not included in the main register, but Thomson silently incorporated it into APS as it appeared in the appendix, after act 1579/10/6. Back
  9. Followed by a blank half page. Back