1 June 1593

On the second day of parliament

Judicial proceeding: summons of treason; forfeiture

The current parliament of the said most excellent prince James VI, king of Scots, held in Edinburgh on 1 June 1593 by the undernoted lords commissioners, namely Adam [Bothwell], bishop of Orkney, Alexander [Colville], commendator of Culross, Edward [Bruce], commendator of Kinloss, James [Lindsay], lord Lindsay, Alexander [Seton], lord Urquhart, Lord Robert Melville of Murdocairnie, knight, commissioners of parliament specially constituted by the commission of our supreme lord the king, together with the said Thomas Scott, marischal depute, William Henryson, constable depute, and Robert Fraser, messenger, sheriff depute, and Oliver Sinclair, dempster.

The which day Master David MacGill of Cranstoun-Riddel, advocate to our sovereign lord, produced this summons underwritten raised at his highness's instance against Francis [Stewart], sometime earl of Bothwell, Gilbert Penicuik, John Rutherford of Hunthill, elder, Thomas Rutherford of Hunthill, younger, Simon Armstrong, younger, of Whitehaugh, duly executed and endorsed against them, whereby they were summoned to have compeared in our said sovereign lord's parliament for certain crimes of treason and lese-majesty contained in the said summons raised thereupon; upon the production thereof, the said advocate asked instruments. And the said persons being thrice called at the tolbooth window and none of them compearing, and also the said advocate produced the officers and witnesses underwritten, executors of the said summons of treason, to verify the same executions and that the same was truly done as they bear in manner after-mentioned: that is to say, William Porteous, messenger, executor of the first execution executed upon 26 March the year of God 1593, made faith that the said execution executed by him at the market cross of Edinburgh was true; as also William Forsyth, John Blindseil and John Purdie, witnesses contained in the same execution, made faith that the said William Porteous summoned the whole persons contained therein at the market cross of Edinburgh, and that they heard and saw the said William Porteous execute the same execution, as the same bears; and likewise the said William Porteous, messenger, executor of the two executions executed upon 30 and 31 March the year of God foresaid, made faith the same executions were executed at the market crosses of Jedburgh and Haddington respectively; and also John Finlayson and George Cunningham, witnesses inserted in the same two executions, being present, made faith that they heard and saw the said William Porteous, messenger, execute the said summons at the said two crosses in manner specified therein. And also the said advocate produced letters of relaxation of the date 16 March and of the king's reign the 26th year, with the execution thereof, bearing the said Francis, sometime earl of Bothwell to be relaxed from the process of horning led against him for whatsoever cause or occasion bygone preceding the date of the said letters, which execution is executed upon 26 March 1593 by William Porteous, messenger; and thereupon the said advocate asked instruments.

  1. NAS, PA2/13, Appendix, f.3v-4r. Back
  2. NAS, PA2/13, Appendix, f.4r-4v. Back
  3. NAS, PA2/13, Appendix, f.5r-5v. Back
  4. 'Blue Donald', possibly because his hair was so black it was blue, but 'Gorm' was a family nickname in the MacDonald of Sleat line. Back
  5. Sic. Should be 'fifth'. Back
  6. NAS, PA2/13, Appendix, f.6r. Back

And also the said Master David MacGill [of Cranstoun-Riddel], advocate to our sovereign lord, produced another summons of treason against William [Douglas], earl of Angus, George [Gordon], earl of Huntly, Francis [Hay], earl of Erroll, Sir Patrick Gordon of Auchindoun, knight, Sir James Chisholm of Dundurn, knight, Master James Gordon, parson of Clatt, and Master Robert Abercrombie, duly executed and endorsed upon them for certain crimes of treason and lese-majesty, as the summons raised thereupon bears.

And likewise the said advocate produced William Porteous, messenger, executor of the first execution executed upon 19 March 1592 [1593] at the market cross of Edinburgh, and made faith that the said execution executed by him was true; as also William Forsyth, John Purdie and John Blindseil, messengers, witnesses contained in the same execution, made faith that the said William Porteous summoned the whole persons contained in the said summons at the said market cross of Edinburgh, and that they heard and saw the said William Porteous execute the same as it bears.

And also produced John Brown, messenger, executor of the second execution executed upon 23 March the year of God foresaid at the market cross of Perth, and fifth execution executed upon 26 March 1593 at the market cross of Aberdeen, and executor of the sixth execution upon 27 March the year of God foresaid, upon the Earl of Erroll at his dwelling place of Slains, and executor of the seventh execution upon the 28 March the year of God foresaid at the market cross of Banff, executor of the eighth execution upon 29 March the year of God foresaid executed against the laird of Auchindoun at his dwelling places of Gartly and Auchindoun, and executor of the ninth execution upon 30 March the year of God foresaid at Elgin, and made faith that he lawfully summoned the foresaid persons in manner contained in his executions; and Gavin Towers and John Crawford, being present, made faith that they heard and saw the said John Brown execute the said summons of treason at the places contained in his executions, and were required witnesses by him to that effect.

And likewise the said advocate produced William Forsyth, executor of the third execution executed upon 24 March 1592 [1593] at the market cross of Stirling, executor of the fourth execution executed upon the said Sir James Chisholm at his dwelling place of Dunblane upon the said 23 March the year of God foresaid, executor of the tenth execution executed upon 30 March 1593 at the market cross of Lanark, and made faith that he executed the said summons upon the special days and at the special places specified in the said executions; and Patrick Thomson and Robert Symonton, present, made faith that they heard and saw the said William Forsyth execute the said summons of treason according to the tenor of the said executions and were required witnesses by him to that effect. And also produced George Liddell, messenger, executor of the penultimate and last executions at the Earl of Angus's dwelling place of Tantallon and at the market cross of Haddington upon 30 and 31 March 1593, and made faith that he truly executed the said summons upon the said Earl of Angus, as his execution bears. And also Laurence Sadler and William Young, witnesses present, made faith that they heard and saw the said George Liddell execute the said summons upon the said Earl of Angus according to the said two last executions, and that they were required witness thereto.

  1. NAS, PA2/13, Appendix, f.3v-4r. Back
  2. NAS, PA2/13, Appendix, f.4r-4v. Back
  3. NAS, PA2/13, Appendix, f.5r-5v. Back
  4. 'Blue Donald', possibly because his hair was so black it was blue, but 'Gorm' was a family nickname in the MacDonald of Sleat line. Back
  5. Sic. Should be 'fifth'. Back
  6. NAS, PA2/13, Appendix, f.6r. Back

And in like manner the said advocate produced the third summons of treason duly executed and endorsed against Angus MacConnell of Dunyvaig and the Glens, Domhnall MacDhomhnaill Gorm of Sleat, John MacLan of Ardnamurchan, and certain others, their colleagues, for certain crimes of treason and lese-majesty committed by them, as the summons bears. And likewise the said advocate produced William Porteous, messenger, executor of the first execution executed upon 19 March 1592 [1593] at the market cross of Edinburgh upon the foresaid persons, and made faith that he executed the said summons at the market cross of Edinburgh, as his execution bears; and John Blindseil, John Purdie and William Forsyth, being present, made faith that they heard and saw him make the said execution in manner specified therein, and were required witnesses by him to that effect etc. And also the said advocate produced John Brown, messenger, executor of the second execution upon 23 March 1592 [1593] at the market cross of Perth, and executor of the last execution executed upon 31 March 1593 at the market cross of Inverness, and made faith that the said executions were true; and also Gavin Towers and John Crawford, being present, made faith that they were required witnesses by the said John Brown to the said executions, and that they heard and saw the said John Brown execute the same. And also the said advocate produced William Forsyth, messenger, executor of the third execution executed the 24 March at the market cross of Stirling, executor of the fourth charge upon 26 March 1593 at the market cross of Dumbarton, executor of the fifth execution upon 28 March the year of God foresaid at the market cross of Irvine, and executor of the sixth execution upon the same day at the market cross of Ayr, and made faith that he truly executed the said summons of treason at the foresaid market crosses according to his said executions; and Patrick Thomson and Robert Symonton, being both present, made faith that they were required both witnesses by the said William Forsyth to the said executions, and that they heard and saw him execute the same, as they bear. And in like manner the said advocate produced the fourth summons duly executed and endorsed against Lauchlan MacLean of Duart, MacLean of Lochbuie and certain their accomplices for certain crimes of treason and lese-majesty specified therein. And also produced William Porteous, messenger, executor of the first execution executed upon 19 March 1592 [1593] at the market cross of Edinburgh upon the foresaid persons, and made faith that he executed the said summons at the said market cross of Edinburgh as his executions bears; and John Blindseil, John Purdie and William Forsyth, being present, made faith that they heard and saw him make the said execution in manner specified therein and were required witnesses by him to that effect. And also the said advocate produced John Brown, messenger, executor of the second execution upon 23 March 1592 [1593] at the market cross of Perth, and executor of the last execution executed upon 31 March 1593 at the market cross of Inverness, and made faith that the said executions were true; and also Gavin Towers and John Crawford, being present, made faith that they were required witnesses by the said John Brown to the said executions, and that they heard and saw the said John Brown execute the same. And also the said advocate produced William Forsyth, messenger, executor of the third execution executed upon 24 March at the market cross of Stirling, executor of the fourth charge upon 26 March 1593 at the market cross of Dumbarton, executor of the first execution and sixth execution upon 28 March 1593 at the market crosses of Irvine and Ayr, and made faith that he truly executed the said summons of treason at the foresaid market crosses according to his said executions; and Patrick Thomson and Robert Symonton, being both present, made faith that they were required witnesses by the said William Forsyth to the said executions, and that they heard and saw him execute the same as they bear. Upon the verification of the which executions of the said four summons of treason, and that the whole officers and their witnesses compeared this instant day in presence of the lords commissioners of parliament and verified the said executions to be true and duly executed as the same bears, the said Master David MacGill [of Cranstoun-Riddel], advocate, asked instruments in name of our sovereign lord.

  1. NAS, PA2/13, Appendix, f.3v-4r. Back
  2. NAS, PA2/13, Appendix, f.4r-4v. Back
  3. NAS, PA2/13, Appendix, f.5r-5v. Back
  4. 'Blue Donald', possibly because his hair was so black it was blue, but 'Gorm' was a family nickname in the MacDonald of Sleat line. Back
  5. Sic. Should be 'fifth'. Back
  6. NAS, PA2/13, Appendix, f.6r. Back
Procedure: continuation

The lords commissioners of parliament decree and declare this present parliament to run until 10 July next to come, and ordain all our sovereign lord's lieges to await thereon to that day.

  1. NAS, PA2/13, Appendix, f.3v-4r. Back
  2. NAS, PA2/13, Appendix, f.4r-4v. Back
  3. NAS, PA2/13, Appendix, f.5r-5v. Back
  4. 'Blue Donald', possibly because his hair was so black it was blue, but 'Gorm' was a family nickname in the MacDonald of Sleat line. Back
  5. Sic. Should be 'fifth'. Back
  6. NAS, PA2/13, Appendix, f.6r. Back