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†The which day Master Robert Crichton [of Eliock], advocate to our sovereign lord, asked instruments that he instantly produced, as he did of before on 21 October 1579, a summons of treason duly executed and endorsed against John, commendator of Arbroath, Claud, commendator of Paisley, James Hamilton of Woodhouselee, called James of Bothwellhaugh, John Hamilton, provost of Bothwell, Gavin Hamilton of Raploch, Robert Hamilton of Dalserf, David Hamilton of Monkton Mains, James Muirhead of Lauchope, John Hamilton of Shawton, Andrew Hamilton of Hailes, Robert Hamilton in Letham, John Hamilton of Kilbowie, Robert Balfour, brother to Sir James Balfour, sometime of Pittendreich, knight, Alexander Baillie and James Baillie, sons to Alexander Baillie of Littlegill, for certain crimes of treason and lese-majesty committed by them and every one of them for the causes pertaining in the said summons raised thereon, as at more length is contained in the same, of the which the tenor follows:
James, by the grace of God, king of Scots, gives greetings to our lyon king of arms, Islay, Albany, Ross, Rothesay, Snowdon, Marchmont, heralds, William Bryson, Gilbert Thornton, Archibald Douglas, John Ferguson, macers, Ormond, Bute, Unicorn, Carrick, pursuivants, William Forsyth and John Somerville, messengers, and whichever jointly and severally of our sheriffs in that part. We instruct and order you to summon lawfully and peremptorily before witnesses John Hamilton, commendator of Arbroath, Claud Hamilton, commendator of Paisley, James Hamilton of Woodhouselee, otherwise called James of Bothwellhaugh, John Hamilton, provost of Bothwell, his brother Gavin Hamilton of Raploch, Robert Hamilton of Dalserf, David Hamilton of Monkton Mains, James Muirhead of Lauchope, John Hamilton of Shawton, Andrew Hamilton from Hailes, Robert Hamilton from Letham, John Hamilton of Kilbowie, Robert Balfour, brother of Sir James Balfour, sometime of Pittendreich, Alexander Baillie, younger, of Littlegill, James Baillie, his brother, in person, if you are able conveniently to have their presence in person, otherwise at the places of their dwellings, or by public proclamation at the market crosses of our burghs of Edinburgh, Linlithgow, Stirling, Lanark, Forfar and other necessary places where they are, or dwell outwith our kingdom or having no fixed abode within it, at the said market crosses and other necessary places on 60 days' notice, in such a way that this kind of summons is likely to be able to reach their ears and notice. They are to appear before us or our justice on 21 October next in our parliament which begins in Edinburgh on 20 October at the time for pleas, with continuation of days, for the said persons or whomsoever of them to answer to us or to our justice in the said parliament for their acts of treachery, conspiracy, treason and plotting the unspeakable and detestable death and murder of our late dearest uncle James [Stewart], earl of Moray, lord Abernethy, regent to us, our kingdom and our lieges at the time, in the month of January in the year of the Lord 1569, and at various other times, in the castle and town of Hamilton and in various places lying around there, and further for their help, favour and assistance, art and part, offered and given through them and whomsoever of them in respect of the foresaid treacherous killing and murder, keeping it secret and concealing it, when indeed the said persons in the foresaid places on numerous occasions began their plan and endeavoured by whatever means or by the trickery of the forenamed to kill and strangle our uncle and regent. Eventually, knowing for certain that he was in our burgh of Stirling, they set out for there forthwith on the 22nd day of the said January through our town of Linlithgow to our burgh of Edinburgh, and immediately and without delay they determined and decided to kill him with a gunshot when he was passing through the said town of Linlithgow, because the process can be adequately established from their departure, for the same day the said James Hamilton of Woodhouselee, sufficiently instructed by the forementioned commendators to carry out the foresaid most dastardly crime, mounted a very swift horse in the sight of the same commendator of Arbroath, and took himself on the said horse to the said town of Linlithgow with as much diligence as he could, and there at that time he entered, secretly and in the silence of night, a house belonging to John [Hamilton], formerly archbishop of St Andrews, where he lay low and continued to hide as if in an extremely suitable place already chosen and prepared for the perpetration of the forementioned crime, until noon the following day, which was the 23rd of the same month of January; then, seeing in the distance our forementioned uncle and regent, who suspected no harm of this kind, passing the house, himself from the front step where he was standing at the time with traitorous intent, he pointed a long gun loaded with two lead balls and discharged it straight at his navel and belly, and by the discharge of these two balls with one shot his most noble and innocent body, in the middle of his entourage, was most cruelly wounded, such that shortly by that very blow or shot he died, to the great comfort of the cruel but to the serious grief of good people and a formidable disaster to our estate. After dishonourably perpetrating this crime by craft, guile and machination as mentioned above, immediately and without delay the same James Hamilton of Woodhouselee made his escape by the back door of the said house and through the garden at the rear, rushed to the forementioned horse which he had left tethered meantime in that garden in order to make his escape after committing the forementioned crime. In reality, as anticipated, after committing the same crime, by means of the speed of that same horse he saved himself and got away safely, and continued his flight and diligently pursued it, until at last he reached the rest of his forementioned accomplices who were at the time in the parts of the lands of Hamilton awaiting his arrival. When they saw him and learned the outcome that was greatly desired by them, they received him gladly, in respect of his outrageous and notorious deed. They freely accepted him into their fellowship, and maintained and sustained him over many months continuously after the commission of the foresaid crime, until eventually, through fear of punishment, he himself, together with the said John Hamilton, provost of Bothwell, his brother and partner in crime, fled overseas with the help of the rest of the conspirators, hence taking the foresaid treason and murder upon his own head. In verification of the foregoing, the late Arthur Hamilton from Myreton (who met his death in Stirling on 30 March last for his acts of treachery and crimes) openly confessed in the same burgh not only for several days before his accusation (and this in presence of certain of our lords of the privy council who had been directed by us to hear his explanation) but also during his actual accusation and even on the scaffold at the time of his execution, that the said commendators had been involved in the plot treacherously to murder our said uncle and regent, and that the said James Hamilton of Woodhouselee, in return for the perpetration of an unspeakable crime such as this, obtained infeftment of a hundred pound land of Monkton in which the said commendator of Arbroath had been infeft, and that he learned and understood all of this from the foresaid Claud, commendator of Paisley through his explicit statement in the forest of Hamilton after the death of our said uncle and regent, by affirming then at the said time and in the said place once to the said Arthur that he would never challenge the said James Hamilton of Woodhouselee in his possession of the said lands of Monkton for the reason that he had acquired them sufficiently dearly. Therefore it has been decided by us and by the three estates of our realm to decree and declare that the said conspirators or any of them have incurred the charge of lese-majesty, for seeing and hearing, on the basis of the foregoing. Secondly, the said persons or whoever of them for their acts of treachery, art and part, by their plotting, help, assistance and approval through them or whomsoever of them, given and demonstrated in their most foul and nefarious and premeditated conspiracy against us, and our dearest grandfather formerly Matthew [Stewart], earl of Lennox, lord Darnley etc., at the time regent to us, our kingdom and our lieges in various ways at the end of August and at the beginning of September 15[7]1, when indeed the said conspirators at the time treasonably holding our castle and burgh of Edinburgh against us and our royal authority in the same place began, embarked on a plan, deliberated and finally decided on their own authority to lay violent hands upon us, our said grandfather and regent and other lords of our privy council, officials and loyal subjects who were at the time in our castle and burgh of Stirling, when we with the three estates of our realm were by reason of our parliament in the council chamber of the said burgh of Stirling, having begun but by no means finished. In order that this most criminal plot could be more easily brought into effect, those same conspirators with their accomplices to the number of 400 men or thereabouts, clad for war, with breastplates, helmets, 'calybeis', swords, daggers, shields, guns, pistols, lances, spears, axes and other equipment of war, on 3 September in the forementioned year all came together in our said burgh and castle of Edinburgh, to carry out what had probably been agreed among them and this in a challenge to law, because almost all of them, for their wrongdoings, had already been declared traitors. Thus, seeing themselves sufficiently armed and well organised to complete their said treasonable enterprise, they set out the same night to our said burgh of Stirling and as soon as they arrived at the foresaid burgh, which was on the 4th day of the same month of September, early in the morning and at dawn, they rushed in and stationed and placed their paid soldiers through each street in the same town so that no one could leave or keep watch. Then, thinking themselves safe, some of them began to plunder, some to kill. Until we were able to put up resistance to them, they plundered many of our good subjects of their buildings and goods, they killed with atrocity as many as they could who were fast asleep or not properly awake, signally the late Alexander Stewart, apparent heir of Garlies, George Ruthven, precentor of Dunkeld, James Douglas, Alexander Lindsay, Herbert Elder, Patrick Short, Robert Bell and Alexander Home, along with many others. But the foresaid conspirators, neither content nor sated with innocent blood, proceeded further to the horrible slaughter of our nobles, and therefore, after they kept our said grandfather and regent captive, they cruelly and treasonably killed him with a shot from a pistol, hence manifestly committing a detestable and unnatural parricide as a premeditated felony and committing acts against all justice, divine and human, and against all rule of law. Besides, these same notorious and convicted traitors persevered in their barbarous ferocity and accustomed cruelty, and hastened to slaughter the rest of our nobles, and to that end attacked from every angle their houses, in which they were defending themselves, continuously and to the extent that with terrible fire applied to their doors they forced them to come out, and laid bloody hands on them, particularly our most loyal kinsmen and councillors James [Douglas], earl of Morton, lord Dalkeith, etc., our chancellor, and the late Alexander [Cunningham], earl of Glencairn, lord of Kilmaurs, with many others whom without a doubt they they would have killed and strangled after they had been captured, if the staff of our said castle of Stirling, with some other loyal lieges of ours, had not gathered, armed and hastened to the aid and relief of our nobles. They eventually did that, and by shots from big guns and by force of arms forced the conspirators to take flight. As verification of the foregoing, their mercenary captains Bell and Calder had been captured in flight, and immediately convicted of the forementioned crimes of treachery, and shortly suffered the death penalty. And therefore, in order to see and hear them and each of them, with regard to the foregoing, decreed and discerned to have incurred the crime of lese-majesty by the three estates of our realm, the said three persons and each of them, for their treasonous stuffing, munition and detention, by them and others of their name, by their cause, mandate, assistance and approval, of the castles of Hamilton and Draffan, against us and our royal authority continuously from the following days until the subsequent days, namely, of the castle of Hamilton continuously from 5 May last, inclusive, until the 19th of the same, exclusive, and the said castle of Draffan continuously from the 6th of the said month of May, inclusive, until the 16th of the same month, exclusive, notwithstanding that the force of our other letters directed to John Calder, Bute pursuivant, as our officer and sheriff specially constituted in that part, it was lawfully commanded for the rendering, delivering and disclosing of the same castles, and immediately, without any delay, the letters were to be executed under pain of treason and lese-majesty, as is contained more fully in the execution of the said letters; yet to the scorn and contempt of our mandate and request, they refused to render, deliver and disclose the said castles to our officer executing the said letters for the time, but treasonably detained the said castles, expressly contrary to the tenor of our aforesaid letters, by themselves and others of their name, from their mandate, assistance and approval, as aforesaid, continuously from the 5th and 6th of the aforesaid month of May inclusive and respectively until the said 16th and 19th of the aforesaid month of May, exclusive and respectively, until finally, by force of arms and fear of violence, they were forced to cede and deliver the aforesaid castle, to the great expense of our lieges, violation of law and contempt of our authority. And in respect of the foresaid and many other rebellions, transgressions and other treasonable crimes committed impiously and notoriously by the forenoted conspirators against us, our kingdom, and our royal authority, on the said day, with continuation of days, and in the said place they are to compear, show themselves, and submit to the law, and our judgment and that of our parliament following the laws of our kingdom is to be awaited and undergone, and it has been decided by us and the three estates of our realm and stated that it be decreed and declared that the said conspirators be seen and heard and to have incurred the charge of lese-majesty. Accordingly their goods, both movable and immovable, lands and offices, and other things relating to them are to be confiscated by us, and are to remain perpetually in our ownership. Their persons are to suffer the penalty of treason and of the ultimate punishment inflicted by the laws of our kingdom. Furthermore they have to answer the foregoing and obey the law, by intimating to the forementioned conspirators and whomsoever of them that whether they compear on the said day and in the said place with continuation of days, or not, we and our said justice will proceed in regard to the foregoing by the application of justice. You are to hand this present letter duly executed and endorsed to the bearer of the same. You who have been executing the present letters are to be there on the said day and in the said place in presence of us or our said justice, bearing testimony of your summons in writing for the foregoing or witnesses themselves. To carry this out we give authority in this regard to you and to any of yours, jointly and severally. Given under evidence of our great seal at Edinburgh on 27 June in the year of the Lord 1579 and in the twelfth year of our reign.
Follows the executions and endorsements of the said summons on 27 July 1579, being Monday and the market day of the burgh of Edinburgh:
I, John Calder, Bute pursuivant, sheriff in that part within constituted, passed at command of these our sovereign lord's letters to the market cross of the said burgh, as the head burgh of this realm, and there, by open proclamation, I lawfully and peremptorily, with sound of trumpet and displayed coat of arms, summoned John, commendator of Arbroath, Claud, commendator of Paisley, James Hamilton of Woodhouselee, called James of Bothwellhaugh, John Hamilton, provost of Bothwell, his brother, Gavin Hamilton of Raploch, Robert Hamilton of Dalserf, David Hamilton of Monkton Mains, James Muirhead of Lauchope, John Hamilton of Shawton, Andrew Hamilton in Hailes, Robert Hamilton in Letham, John Hamilton of Kilbowie, Robert Balfour, brother to Sir James Balfour, sometime of Pittendreich, knight, and this I did at the said cross because all the said persons were fugitive and, as I was credibly informed, for the most part out of this realm, to compear before our sovereign lord or his highness's justice on 21 October 1579, in his highness's parliament to begin at Edinburgh on 20 October, in the hour of cause, with continuation of days, to answer to his majesty and his justice in his said parliament upon the crimes of treason and lese-majesty within contained, after the form and tenor of this summons, whereof I affixed a copy upon the market cross aforesaid. And this I did before these witnesses: William Porteous, John Brown, William Forsyth, John Arnott, messengers, Peter Hewat, writer, Neil Kay, his servant. And for the more witnessing to this my execution, my signet is affixed and subscribed with my hand. It is thus subscribed, John Calder, Bute pursuivant.
On 30 July 1579 and 31 July 1579 respectively the year of God above-written, I, the said John Calder, Bute pursuivant and sheriff forenamed, passed at command of these our sovereign lord's letters and lawfully and peremptorily summoned John, commendator of Arbroath at his dwelling place in the town of Hamilton, where his wife and family make residence, Gavin Hamilton of Raploch at his dwelling place thereof, where his wife and family make residence, James Muirhead of Lauchope at his dwelling place thereof, where his wife and family make residence, James Hamilton of Woodhouselee, alias Bothwellhaugh, and David Hamilton of Monkton Mains at their dwelling places in Bothwellhaugh, where both their wives and families make their residence, because I could not apprehend any of the said persons personally, and delivered an authentic copy hereof to each one of their said wives, who refused to receive the same in their names; Claud, commendator of Paisley, at his dwelling place thereof, Robert Hamilton of Dalserf, at his dwelling place thereof, Andrew Hamilton in Hailes, at his dwelling place thereof, John Hamilton of Kilbowie, at his dwelling place thereof, Robert Hamilton in Letham, at his dwelling place thereof, John Hamilton of Shawton, at his dwelling place in the Newton of Cambuslang, John Hamilton, provost of Bothwell, at his dwelling place in Bothwellhaugh, because I could apprehend none of them personally, and affixed an authentic copy hereof upon the principal gate of each one of their said dwelling places after knocking there, according to the act of parliament, to compear before our sovereign lord and his highness's justice on 21 October 1579, in his highness's parliament to begin at Edinburgh on 20 October 1579, in the hour of cause, with continuation of days, to answer to his majesty or his justice in his said parliament upon the crimes of treason and lese-majesty within contained after the form and tenor of this summons in all points. And this I did before these witnesses: John Arnott, messenger, and Robert Towers. And for the more witnessing to this my endorsement, subscribed with my hand, my signet is affixed. It is thus subscribed, John Calder, Bute pursuivant.
On 1 August 1579, I, the said John Calder, Bute pursuivant and sheriff in that part before written, passed at command of these our sovereign lord's letters to the market cross of the burgh of Lanark; and on 3 August 1579 to the market cross of the burgh of Ayr; and on 4 August 1579 to the market crosses of the burghs of Rutherglen, Renfrew and city of Glasgow; and on 6 August 1579 to the market cross of the burgh of Stirling; and on 7 August 1579 to the market cross of the burgh of Linlithgow; and by open proclamation at the market crosses aforesaid respectively, with displayed coat of arms, lawfully and peremptorily summoned the said John, commendator of Arbroath, Claud, commendator of Paisley, James Hamilton of Woodhouselee, called James of Bothwellhaugh, John Hamilton, provost of Bothwell, his brother, Gavin Hamilton of Raploch, Robert Hamilton of Dalserf, David Hamilton of Monkton Mains, James Muirhead of Lauchope, John Hamilton of Shawton, Andrew Hamilton in Hailes, Robert Hamilton in Letham, John Hamilton of Kilbowie, Robert Balfour, brother to Sir James Balfour, to compear before our sovereign lord or his highness's justice in his highness's parliament, day and place within contained, to the effect within mentioned, after the form and tenor of this summons in all points, whereof I affixed an authentic copy on each one of the said market crosses. And this I did before these witnesses: John Arnott, messenger, and Robert Towers. And for the more witnessing to this my endorsement, subscribed with my hand, my signet is affixed. It is thus subscribed, John Calder, Bute pursuivant.
On 7 September 1579 aforesaid, I, the said John Calder, Bute pursuivant and sheriff in that part within constituted, at command aforesaid, lawfully and peremptorily summoned James Baillie, son to Alexander Baillie of Littlegill, elder, at his dwelling place of Lamington because I could not apprehend him personally, and after I had knocked nine times at the gate thereof, I affixed a copy of this summons thereon; and immediately thereafter I passed to the market cross of Lanark, and there, by open proclamation and displayed coat of armour, lawfully and peremptorily summoned Alexander Baillie of Littlegill, younger, and the said James Baillie, his brother, to compear before our sovereign lord or his highness's justice on 21 October 1579 in his highness's parliament to be held at Edinburgh on 20 October 1579, in the hour of cause, with continuation of days, to answer to his highness or his said justice upon the crimes of treason and lese-majesty within contained, after the tenor of these letters in all points, whereof I affixed a copy upon the said cross before these witnesses: James Boyd and Roland Muir. And for the more witnessing to this my endorsement, subscribed with my hand, my signet is affixed. It is thus subscribed, John Calder, Bute pursuivant.
On 10 September 1579, I, the said John Calder, Bute pursuivant, lawfully and peremptorily summoned Alexander Baillie, younger, and James Baillie, sons to Alexander Baillie of Littlegill, elder, by open proclamation, with displayed coat of armour, at the market cross of Perth, to compear before our sovereign lord or his highness's justice in his highness's parliament, day and place within written, in the hour of cause, to the effect within mentioned, after the tenor hereof in all points, whereof I affixed a copy on the said market cross before these witnesses: William Marshall, messenger, James Boyd, Robert Towers and Andrew Brown. And for the more witnessing to this my endorsement, subscribed with my hand, my signet is affixed. It is thus subscribed, John Calder, Bute pursuivant, on 9 September 1579 written therein.
I, John Somerville, messenger, another of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters and lawfully and peremptorily summoned Alexander Baillie of Littlegill, younger, at his dwelling place of Seton because I could not apprehend him personally, and affixed a copy of this summons on the gate thereof after nine times knocking there; and immediately thereafter I summoned the said Alexander Baillie of Littlegill, younger, and James Baillie, his brother, by open proclamation at the market cross of Haddington, to compear before our sovereign lord or his highness's justice in his highness's parliament, day and place within contained, in the hour of cause, to the effect within mentioned, after the form and tenor of this summons, whereof I affixed a copy on the said cross before these witnesses: William Forsyth and Archibald Turnet. And for the more witnessing to this my endorsement, subscribed with my hand, my signet is affixed. It is thus subscribed, John Somerville, messenger.
On 4 August 1579, I, William Forsyth, messenger and one of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters and lawfully and peremptorily summoned Robert Balfour, brother to Sir James Balfour, sometime of Pittendreich, knight, at the said Robert's dwelling place of Grange because I could not apprehend him personally, and delivered a copy of this summons to the said Robert's wife, who received the same in his name. And also that same day I passed to the market cross of Cupar in Fife, as the head burgh of the shire where the said Robert dwells, and there, by open proclamation, summoned him to compear before our sovereign lord or his highness's justice, day and place written therein, to answer upon the crimes of treason and lese-majesty within stated, after the form and tenor of this summons, of the which I affixed a copy on the said market cross. And this I did before these witnesses: Thomas Moyes, James Cathreis and Cuthbert Young, with diverse others. And for the more verification to this my endorsement, subscribed with my hand, my signet is affixed. It is thus subscribed, William Forsyth, messenger, with my hand.
On 5 August 1579, I, the said William Forsyth, messenger, sheriff in that part aforesaid, passed at command of these our sovereign lord's letters and lawfully and peremptorily summoned John, commendator of Arbroath at his dwelling place of Arbroath because I could not apprehend him personally, and affixed a copy of this summons on the gate thereof after I had knocked 10 or 12 knocks thereat; and because, as I was surely informed, the said commendator was out of this realm, I passed therefore the day aforesaid to the market cross of the burgh of Forfar, which is the head burgh of the shire where his said dwelling place is, and there, by open proclamation, lawfully and peremptorily summoned the said commendator to compear before our sovereign lord or his highness's justice in his majesty's parliament, day and place written within, to answer upon the crimes of treason and lese-majesty within stated, after the form and tenor of this summons in all points, of the which I affixed a copy on the said market cross. And this I did before these witnesses: Master Archibald Pearson, Walter Lindsay, John Wood, messengers, Balthazar Spence, Cuthbert Young and George Lovell. And for the more witnessing to this my endorsement, subscribed with my hand, my signet is affixed. Thus it is subscribed, William Forsyth, messenger, with my hand.
Which summons, with the executions and endorsements thereof, being read in presence of the king's majesty and three estates of parliament, first in Latin and thereafter in Scots, and the whole persons, defenders above-written, being called sundry times at the tolbooth window to have compeared and answered to the said summons and none of them compearing, the said advocate, for probation of the executions and endorsements of the said summons, repeated the depositions of John Calder, Bute pursuivant, John Somerville and William Forsyth, messengers, Robert Towers, Roland Muir, James Boyd, Archibald Turnet and Cuthbert Young, witnesses inserted in the said executions and endorsements for proving thereof, and also of new this present day produced the same officers and witnesses contained in their said endorsements, who, being all personally present and sworn, declared by their oaths that the said officers and every one of them made the executions and endorsements in manner as is above-written, as the same bears, upon the days and places respectively specified therein, as the same purports; and likewise the aforesaid witnesses particularly above-written in like manner made faith that they were present, heard and saw the executions made in manner above-specified contained in the said endorsements and were required witnesses by the said officers respectively thereto; and immediately thereafter, the aforesaid whole persons, defenders, being of new called at the tolbooth window and not compearing, the said advocate asked instruments that he repeated the letters given under our sovereign lord's signet relaxing the said persons above-written from the process of horning, to the effect that they may compear and defend in the same cause, and of new produced the same letters; and likewise that he, for verifying of the first head of his summons, produced letters, where the aforesaid persons, being charged to answer regarding enquiries before the king and lords of secret council and for not compearing at the day appointed, were denounced rebels and put to the horn, whereby they accepted the crime; likewise produced the confession of the late Arthur Hamilton of Myreton, with the depositions of the witnesses sworn and examined before the lords of articles, and also repeated the notoriety of the deed concerning the slaughter of the Earl of Moray; and likewise produced for verification of the second part of the said summons concerning the slaughter of the Earl of Lennox, the said letters of horning, the depositions of the said witnesses and forfeiture given against the said persons of before, and also repeated the notoriety of the deed of the slaughter of the Earl of Lennox; and in like manner, for verification of the third head of the said summons, produced the letters duly executed against the said persons for delivering of the castles of Hamilton and Draffan, with the depositions of the witnesses, which he repeats as of before with the notoriety of the deed, and thereupon asked instruments and desired further process in the said matter. And thereafter the said persons being of new called, as of before, at the said tolbooth window and none of them compearing, and the summons being read as said is, with the executions and endorsements thereof, with the whole writs and probations above-written produced by the said advocate for proving of the whole points and articles contained in the said summons, and first the lords of articles being advised therewith and now presently the king's grace and three estates of this present parliament seeing and considering the said whole probations and they therewith being ripely advised, it is found by the king's grace and three estates that the whole three reasons of the said summons were relevant and sufficiently proven against the particular persons respectively above-written, each one for their own parts as follows. Here follows the doom pronounced by the mouth of Andrew Lindsay, dempster of this present parliament, lawfully chosen and sworn of before to that effect:
This court of parliament shows for law that the said John, sometime commendator of Arbroath, Claud, sometime commendator of Paisley, James Hamilton, sometime of Bothwellhaugh, and John Hamilton, sometime provost of Bothwell, his brother, and each one of them respectively for their own parts, have committed and done treason against our sovereign lord, upon the first reason and article contained in the said summons of treason concerning the murder of the Earl of Moray, as the same bears; and likewise that the said John, sometime commendator of Arbroath, and Claud, sometime commendator of Paisley, have also committed and done treason concerning the last reason pertaining in the said summons concerning the withholding of the castles of Hamilton and Draffan; and in like manner find and declare that the said Claud, sometime commendator of Paisley, Gavin Hamilton, sometime of Raploch, Robert Hamilton, sometime of Dalserf, James Muirhead, sometime of Lauchope, David Hamilton, sometime of Monkton Mains, John Hamilton, sometime of Shawton, Andrew Hamilton, sometime in Hailes, Robert Hamilton, sometime in Letham, John Hamilton, sometime in Kilbowie, Robert Balfour, brother to Sir James Balfour, sometime of Pittendreich, knight, James Baillie and Alexander Baillie, sons to Alexander Baillie of Littlegill, elder, and every one of them respectively for their own parts, have committed and done treason against our said sovereign lord upon the second reason and cause above-written pertaining in the said summons concerning the murder and slaughter of the late Matthew, earl of Lennox, grandfather to our said sovereign lord. For the which causes, the aforesaid whole persons above-written, and every one of them, have justly forfeited their lives, lands, benefices and goods, moveable and unmoveable, forever, and therefore decree and declare their dignities, names and memory to be perpetually extinct and their arms to be put out of the book thereof, so that they and every one of their posterity, according to the laws of this realm, to be from this time forth unable and incapable to bear offices, benefices, honours or dignities within the same; and also all their goods, lands, heritages, benefices, offices and others whatsoever pertaining to them, or any of them, to be confiscated to remain with our said sovereign lord in perpetuity for ever, and they and every one of their persons to underlie the pain of treason and highest punishment appointed by the laws of this realm for the causes aforesaid; and this I give for doom. Upon the which declaration and pronunciation, the said Master Robert Crichton, advocate aforesaid, asked instruments.