Judicial proceeding: summons of treason

The quhilk day Schir Thomas Hamyltoun of Bynnie, knycht, advocatt to oure soverane lord, in his hienes name, producit ane summondis of treassoun rasit at the instance of oure said soverane lord and his hienes said advocat aganis Johne, lord Maxwell for certane crymes of treassoun committit be him aganis oure soverane lord, and thairupoun he askit instrumentis; and thaireftir the foirsaid summondis of treassoun being red in presens of the haill estaittis in parliament and the said Johne, lord Maxwell being thryse callit at the tolbuth windo be Schir David Lyndesay of Month, knycht, lyoun herauld, and his brethren colleges, to have answerit to the said summondis of treassoun rasit be oure said soverane lord aganis him, and the said Johne, lord Maxwell nawayes comperand in the said mater, the executiounes of the said summondis of treassoun wer instantlie verefeit in presens of the saidis haill estaittis in maner following, that is to say: be Johne Yallowleyis, Dingwall pursviwant, executour of the executioun at the marcat croce of Edinburgh, aganis the said Johne, lord Maxwell upoun the tuentie sevint day of Januar jM vjC nyne yeiris, and als executour of the executioun execute upoun the xxviij day of Januar the yeir of God foirsaid aganis the said Johne, lord Maxwell at the peir and schore of Leith; and als be Johne Moncur, messinger, and James Chapman, servitour to the said Johne Yallowleyis, witneses insert in the samin executionis. The quhilk Johne Yallowleyis and his saidis tua witneses being all personalie present in presens of the saidis haill estaittis this instant day, maid faith and thairby declarit that the said Johne Yallow summonit, warnit and chargeit the said Johne, lord Maxwell at the marcat croce of Edinburgh and peir and schore of Leith, and that the saidis James Chapman and Johne Moncur wer his witneses, and declarit that they wer requirit be him to be witneses to the samin executionis, and that they hard and saw the said Johne Yallowleyis execute the said summondis of treassoun aganis the said Johne, lord Maxwell at the mercat croce of Edinburgh and peir and schore of Leith in maner specefeit in the samin executionis in all pointis.

  1. NAS, PA2/17, f.27v. Back
  2. NAS, PA2/17, f.27v-28r. Back
  3. NAS, PA2/17, f.28r. Back
  4. NAS, PA2/17, f.28r. Back

And lykwayes the said Johne Yallowleyis maid faith that he lauchfully summonit, warnit and chargeit the said Johne, lord Maxwell upoun the fourt and fyft dayes of Februar respective jM vjC and nyne yeiris at the castell of Carlevorok, Langholme and Drumfreis, and at the marcat croce of Drumfreis, to have compeirit befoir oure soverane lord in this his hienes present parliament at ane certane day bigane, with continewatioun of dayes, and that Johne Dicksoun in Langholme and James Chapman war witneses to his said executiounis. Quhilkis tua witneses being personalie present maid faith and thairby declarit that they wer witneses requirit be the said Johne Yallowleyis to the saidis executiounes execute at the saidis castellis of Carlavorok, Langholme and Drumfreis, and that they hard and saw the said Johne Yallowleyis execute the samin in maner specefeit thairintill. Upoun the verificatioun of the quhilk summondis, the said Schir Thomas Hammyltoun of Bynnie, knycht, advocat to oure soverane lord, askit instrumentis.

  1. NAS, PA2/17, f.27v. Back
  2. NAS, PA2/17, f.27v-28r. Back
  3. NAS, PA2/17, f.28r. Back
  4. NAS, PA2/17, f.28r. Back

And in lykmaner the said Schir Thomas Hammyltoun of Bynnie, knycht, advocat to oure soverane lord, producit in presens of the saidis estaittis ane uther summondis of treassoun rasit at the instance of oure soverane lord and his hienes advocat, aganis Robert Logane, eldest lauchfull sone and apperand air to umquhile Robert Logane of Restalrig and his tutouris and curatouris, gif he ony hes, for thair interess, and all utheris haveand or pretendand to have interes in the said mater underwrittin, to have comperit befoir oure soverane lord and estaittis of parliament at ane certane bigane, with continewatioun of dayes, to have answerit to ane summondis of treassoun and to have hard and sene the said umquhile Robert Logane of Restalrig, his father, decernit and declarit to have comittit certane crymes of treassoun and lesemajestie, and thairfoir his posteritie and memorie to be extinct for evir. Upoun the productioun of the quhilk summondis, the said lord advocat askit instrumentis. And thaireftir the said advocat producit in presens of the saidis estaitti Johne Blinsellis, Ilaue herauld, executour of the executioun execute upoun the sextene day of Februar jM vjC and nyne yeiris aganis the said Robert Logane at the marcat croce of Edinburgh, and als producit Archibald Bald and Johne Moncur, messingeris, witneses contenit in the samin exceutiounes, quhilk Johne Blinsell maid faith that he execute the samin executioun upoun the said sextene day of Februar, jM vjC and nyne yeiris aganiis the said Robert Logane, his tutouris and curatouris and all utheris haveand or pretendand to have interes, and that he requirit the saidis Archibald Bald and Johne Moncur to be his witneses. The quhilkis tua witneses being personalie present maid faith that they wer requirit be him to be his witneses, and that they hard and saw the said Johne Blinsellis mak the foirsaid executioun in maner specefeit thairintill. Upoun the quhilk verificatioun, the said advocatt lykwayes askit instrumentis.

  1. NAS, PA2/17, f.27v. Back
  2. NAS, PA2/17, f.27v-28r. Back
  3. NAS, PA2/17, f.28r. Back
  4. NAS, PA2/17, f.28r. Back

And siclyk the said Johne Blinsell maid faith that he summonit the said Robert Logane and his tutouris and curatouris and all utheris haveand or pretendand to have interes in the said mater upoun the xxj day of Februar last bipast at the marcat croce in Grinlaw, and that he lauchfullie summonit him personalie apprehendit upoun the xxij day of the samin moneth of Februar; and als that he summonit the said Robert Logane and his foirsaidis upoun the xxiij day of the said moneth of Februar and yeir of God foirsaid at the marcat croce of the burgh of Hadingtoun, and that he requirit Andro Wat, commoun post, and Alexander Cumming to be his witneses to the samin executionis, and that they hard and saw the said Johne Blinsell execute the samin in maner specefeit thairintill, and wer requirit witneses be him to that effect. Upoun the verificatioun of the quhilk summondis of treassoun execute aganis the said Robert Logane and his foirsaidis, the said advocat alsua askit instrumentis.

  1. NAS, PA2/17, f.27v. Back
  2. NAS, PA2/17, f.27v-28r. Back
  3. NAS, PA2/17, f.28r. Back
  4. NAS, PA2/17, f.28r. Back