[1584/5/60]*[print] [email] [cite] [preceding] [following]
†The which day, Master David MacGill of Nisbet [and Cranstoun-Riddel], advocate to our sovereign lord, produced a summons of treason duly executed and endorsed against Archibald [Douglas], earl of Angus, John [Erskine], earl of Mar, Dame Agnes [Drum]mond, countess of Mar, his spouse, Dame Annabella Murray, countess of Mar, his mother, Master Thomas Lyon of [Bal]dukie, master of Glamis, Dame Agnes Gray, lady Home, his spouse, Dame Margaret Lyon, countess of Cassil[is], Dame Dorothea Stewart, countess of Gowrie, Adam [Erskine], commendator of Cambuskenneth, David [Erskine], commendator of Dryb[urgh], William [Erskine], commendator of Paisley, Master James Erskine, brother to Robert Erskine of Little Sauchie, John Leslie of Balquhain, Michael and William Elphinstone, brother to [Robert Elphinstone], lord Elphinstone, George Douglas of Park[head], James and George Douglas, their sons James Douglas of Todholes, John Douglas of Glaspen, William Douglas of Bonkle, [...] Douglas, his son and apparent heir, Robert Douglas, younger, of Lochleven, Laurence [Oliphant], master of Oliphant, John [Forbes], master of Forbes, Patrick Drummond, apparent heir of Carnock, John Livingstone, younger, of Dunipace, John Carmichael, younger, of that Ilk, Hugh Carmichael, his son, William Carmichael of Rowantreecarse, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, William Lyon of B[...], Hugh Nisbet of Raschill, Patrick Home of Argaty, John Leslie of Largie, Johns Leslie of Auqu[horties], alias Bannachy, James Hamilton of Haggs, Robert Hamilton of Kerse, Arthur Hamilton of Bot[...]hauche, Master John Colville, chanter of Glasgow, Master Patrick Whitelaw of Newgrange, John Arbuthnott of Lyntusk, James MacRae of Pardowis, Uchtred MacDougall of Garthland, elder, Uchtred MacDougall of Garthland, younger, and Robert Erskine of Little Sauchie, whereby they were summoned to have compeared before the king's majesty and his estates of parliament this instant day, with continuation of days, for certain crimes of treason contained in the summons raised thereupon; which whole per[sons] above-written were three sundry times openly called at the tolbooth window and none of them comp[earing] (excepting Dame Annabella Murray, countess of Mar, elder, Dame Agnes Drummond, countess of Mar, younger, Dame Dorothea Stewart, countess of Gowrie, William Elphinstone, John Leslie of Auquhorties, William Douglas of Bonkle, elder, who offered them to the trial concerning the points contained in the summons of treason, whom the estates of parliament ordained to retire to their lodgings, t[here] to remain until the morning at 8 o'clock and they then to compear before the king's majesty and lords of articles to answer to the said summons); and immediately thereafter the s[... ad]vocate produced Richard Binning, messenger, one of the executors of the said summons, namely, the s[...] thereof, who made faith that his said execution as they bear are just and true in [...] Lewis Thornton and John Fraser, messengers, witnesses contained therein, also [...] saw the said Richard Binning make the said first execution after [...]nd likewise John Brown, messenger, maker of the second [...] John Cunningham, two of his witnesses contained therein, that [...] William Forsyth, messenger, executor of the [...] Martin Gray, two of the witnesses contained [...] and maker of the fourth execution, made faith [...] of his witnesses inserted therein that the same [...] of the fifth execution made faith [...]ertoun, two of his witnesses that the said [...] of the last execution made faith with [...] that the same was of verity.
After the verification of the which executions, the said Master David MacGill, advocate, produced these two writings following, subscribed by the king's majesty, of the which the tenor follows: Rex. Master David MacGill of Nisbet, our advocate, forasmuch as we understand that there is a summons of treason directed against diverse persons for the late tumult and rebellion lately committed against us, and that our servant Robert Erskine is charged therewith to compear in our next parliament to be forfeited for the causes contained in the said summons, nevertheless, remembering the said Robert's good and thankful service done to us of before, and for certain good considerations, we are moved not to insist against him in our next parliament by the said summons raised against him, that you delete his name out of the same and executions thereof, to the effect he be not troubled thereby in any sort, you keeping this document for your warrant. Subscribed with our hand at Edinburgh on 20 August 1584 and of our reign the 17th year. It is thus subscribed, James Rex, [John Graham, earl of] Montrose, James Stewart, [Walter Stewart, commendator of] Blantyre.
Here follows the tenor of the other writing:
Our advocate, we greet you well. Forasmuch as there is summons of treason raised and executed at our and your our advocate's instance in our name against Uchtred MacDougall of Garthland and Uchtred MacDougall, his son and apparent heir, for the treasonable surprising and taking of our castle and town of Stirling, being in company with diverse our conspirators contained in the summons raised thereupon, at the least art and part thereof, for diverse resolutions, causes and considerations moving us, it is our will that you extinguish and delete out of the said summons the said Uchtred MacDougall and his son and pass from that part of the said summons so far as concerns them for the said crime or any other crimes mentioned in the said summons; discharging you of all pursuing or insisting against them for the same and of your office in that part, as also discharges the lords of our parliament, our justice general and his deputes of all proceeding against them for the premises simply. Subscribed with our hand at Edinburgh on 19 August 1584. It is thus subscribed, James Rex.
And according to the command of the said two writings, the said advocate, in presence of the king's majesty and lords of articles of this present parliament, passed from the pursuit of the said Uchtred MacDougall of Garthland, Uchtred MacDougall, his son and apparent heir, and the said Robert Erskine of Little Sauchie, and therefore their said three names, of command aforesaid, were presently deleted out of the said summons of forfeiture. Upon the production of the which two writings and deleting of them out of the said summons, the said advocate asked instruments.
†And the same day the said advocate produced likewise a summons duly executed and endorsed against John Ross of Craigie, as brother and apparent heir or successor to the late James Ross of Pittheveles, whereby he was summoned to have compeared before the king's majesty and his estates this instant day, with continuation [...] crimes of treason contained in the summons raised thereupon, and [...] sundry times openly called at the tolbooth w[...] majesty and lords of articles p[...] late James Ross prejudice [...] steadings and others [...] reversions of the fai[...] true subject a[...] likewise the sa[...] repeated his [...] against [...] late [...]
†[...], his spouse, James Marshall of Pitcairns and Margaret Scott, spouse to Patrick Drummond, apparent of Carnock, whereby they were summoned to have compeared before the king's majesty and his estates this instant day, with continuation of days, for certain crimes of treason raised in the summons thereupon, and they all being sundry times openly called at the tolbooth window, and they all compearing personally in presence of the king's majesty and lords of articles, offered them to the trial concerning the points contained in the said summons, whom the estates of parliament ordained to retire to their lodgings, there to remain until the morning at 8 o'clock, and then to compear before the king's majesty and lords of articles to answer to the said summons; and immediately thereafter the said advocate asked instruments of their compearance and therefore repeated the same as a sufficient verification of endorsement of the summons raised against them. And likewise produced John MacLaren, messenger, executor of the endorsement of the said summons executed on 9 July 1584, who made faith with Matthew Galyare, alias Michell, and Thomas Birrell, two of his witn[esses] contained therein, that the same were true in the self as they bear, upon the which likewise the said advocate asked instruments and desired further process upon the said whole persons not passed from as said is contained in the aforesaid whole three summons of treason.