Edinburgh, 20 March 1606

Procedure: preamble

The parliament of the most excellent and powerful prince James, by the grace of God, king of Great Britain, France and Ireland, defender of the faith, held in Edinburgh on 20 March in the year of the Lord 1606 by these commissioners named below, namely Alexander [Seton], earl of Dunfermline, chancellor, William [Douglas], earl of Angus, John [Graham], earl of Montrose etc., John [Stewart], earl of Atholl, Alexander [Livingston], earl of Linlithgow, Andrew [Stewart], lord of Ochiltree, Mark [Kerr], lord of Newbattle, John [Maxwell], lord Maxwell, Alexander [Elphinstone], lord Elphinstone, Peter [Rollock], bishop of Dunkeld, John [Bothwell], commendator of Holyroodhouse, Walter [Stewart], prior of Blantyre, William Douglas of Whittingehame, commissioner for the constabulary of Haddington, John Robertson and George Foulis [of Ravelston] for the burgh of Edinburgh, together with [George Keith], earl Marischal, Alexander Stobo for the constable, and William Mackieson for the sheriff of Edinburgh, and David Lindsay dempster. Suits were called and the court affirmed.

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Judicial proceedings: summons of treason

The which day Master Robert Lynton and Thomas Henryson, in name of [Sir Thomas Hamilton of Monkland], our sovereign lord's advocate, produced summons of treason raised at his highness's instance against Patrick [Stewart], earl of Orkney, for certain crimes of treason specified therein; likewise William Mackieson, Bute pursuivant, being present, produced Robert Lowrie and John Moncure, messengers, witnesses to his execution, executed upon the said Earl of Orkney upon 9 January last, which William made faith he found the said earl personally apprehended, and the said two witnesses made faith that they were witnesses and heard and saw him summoned and were required witnesses by William Mackieson thereto, whereupon the said Master Robert Lynton asked instruments.

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And also the said Master Robert Lynton and Master Thomas Henryson, for [Sir Thomas Hamilton of Monkland], our said sovereign lord's advocate, produced summons of treason against Rory MacLeod of Harris for certain crimes of treason specified therein; likewise James Law, Snowdon herald, being present, produced Andrew Steel and John Duff, witnesses to his execution, executed upon 29 January 1606 at the market cross of Inverness; likewise William Mackieson, Bute pursuivant, produced John Moncure, messenger, and Robert Newlands, writer, witnesses to his execution, executed upon the said Rory MacLeod at the market cross of Edinburgh upon 16 January last.

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And also the said Master Robert Lynton and Master Thomas Henryson, in name of [Sir Thomas Hamilton of Monkland], our said sovereign lord's advocate, produced another summons of treason raised at our sovereign lord's instance against Richard Graham of Redkirk for certain crimes of treason specified therein; likewise John Yellowlees, Dingwall pursuivant, produced William Mackieson, Bute pursuivant, Archibald Bald and John Moncure, messengers, witnesses to his execution, executed against the said Richard Graham upon 20 January last at the market cross of Edinburgh, who and every one of them made faith they executed the said summons at the market cross of Edinburgh and that the said three witnesses were required to be witnesses thereto. And also John Yellowlees produced Robert Graham in Selkirk and James Chapman in Edinburgh, witnesses to his executions, executed upon 25 and 27 January last at the market cross of Dumfries and at his dwelling place of Redkirk, who were present, heard and saw the said John Yellowlees execute the said summons and were required witnesses thereto.

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And lastly the said Master Robert Lynton and Master Thomas Henryson produced summons raised by our said sovereign lord and [Sir Thomas Hamilton of Monkland], his highness's advocate, against Rory MacNeil of Bara for certain crimes of treason specified therein; likewise James Law, Snowdon herald, produced Andrew Steel and John Duff, witnesses contained in his execution against the said Rory MacNeil, executed upon 29 January last at the market cross of Inverness; likewise William Mackieson, Bute pursuivant, produced Robert Newlands, writer, and John Moncure, messengers, witnesses to his execution, executed against the said Rory at the market cross of Edinburgh, and declared that he heard and saw the said executions made and that they were required witnesses thereto, whereupon the said advocate deputes asked instruments; likewise they also asked instruments that they produced relaxations, whereby the said Patrick [Stewart], earl of Orkney, Rory MacLeod of Harris, Richard Graham of Redkirk and Rory MacNeil of Bara were relaxed from all hornings, to the effect they might compear and defend the foresaid summonses of treason and every one of them, and thereupon likewise they asked instruments.

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And the said Patrick [Stewart], earl of Orkney, being personally present, together with Master Alexander King, his prolocutor, asked instruments that he was personally present and ready to answer to the said summons of treason.

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Procedure: continuation of parliament; asking of instruments

The commissioners of parliament continue this present parliament in the same form etc. to 13 May next, to be held at Edinburgh the said day, at the which ordain all the estates to await thereon, and continue the foresaid whole summonses of treason until the said day. Upon the fencing of the which parliament and continuation thereof, the said Masters Robert Lynton and Thomas Henryson, advocate deputes, asked instruments.

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