Judicial proceeding: summons of treason

The which day Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, in his highness's name, produced a summons of treason raised at the instance of our said sovereign lord and his highness's said advocate against John [Maxwell], lord Maxwell for certain crimes of treason committed by him against our sovereign lord, and thereupon he asked instruments; and thereafter the foresaid summons of treason being read in presence of the whole estates in parliament and the said John, lord Maxwell being thrice called at the tolbooth window by Sir David Lindsay of the Mount, knight, lyon herald, and his brethren colleagues, to have answered to the said summons of treason raised by our said sovereign lord against him, and the said John, lord Maxwell in no way compearing in the said matter, the executions of the said summons of treason were instantly verified in presence of the said whole estates in manner following, that is to say: by John Yellowlees, Dingwall pursuivant, executor of the execution at the market cross of Edinburgh, against the said John, lord Maxwell upon 27 January 1609, and also executor of the execution executed upon 28 January the year of God foresaid against the said John, lord Maxwell at the pier and shore of Leith; and also by John Moncur, messenger, and James Chapman, servant to the said John Yellowlees, witnesses inserted in the same executions. The which John Yellowlees and his said two witnesses being all personally present in presence of the said whole estates this instant day, made faith and thereby declared that the said John Yellowlees summoned, warned and charged the said John, lord Maxwell at the market cross of Edinburgh and pier and shore of Leith, and that the said James Chapman and John Moncur were his witnesses, and declared that they were required by him to be witnesses to the same executions, and that they heard and saw the said John Yellowlees execute the said summons of treason against the said John, lord Maxwell at the market cross of Edinburgh and pier and shore of Leith in manner specified in the same executions in all points.

  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 likewise the said John Yellowlees made faith that he lawfully summoned, warned and charged the said John, lord Maxwell upon 4 and 5 February 1609 at the castles of Caerlaverock, Langholm and Dumfries, and at the market cross of Dumfries, to have compeared before our sovereign lord in this his highness's present parliament at a certain day bygone, with continuation of days, and that John Dickson in Langholm and James Chapman were witnesses to his said executions. Which two witnesses being personally present made faith and thereby declared that they were witnesses required by the said John Yellowlees to the said executions executed at the said castles of Caerlaverock, Langholm and Dumfries, and that they heard and saw the said John Yellowlees execute the same in manner specified therein. Upon the verification of the which summons, the said Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, asked instruments.

  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 like manner the said Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, produced in presence of the said estates another summons of treason raised at the instance of our sovereign lord and his highness's advocate, against Robert Logan, eldest lawful son and apparent heir to the late Robert Logan of Restalrig and his tutors and curators, if he has any, for their interest, and all others having or pretending to have interest in the said matter underwritten, to have compeared before our sovereign lord and estates of parliament at a certain bygone, with continuation of days, to have answered to a summons of treason and to have heard and seen the said late Robert Logan of Restalrig, his father, decreed and declared to have committed certain crimes of treason and lese-majesty, and therefore his posterity and memory to be extinct forever. Upon the production of the which summons, the said lord advocate asked instruments. And thereafter the said advocate produced in presence of the said estates John Blindseil, Islay herald, executor of the execution executed upon 16 February 1609 against the said Robert Logan at the market cross of Edinburgh, and also produced Archibald Bald and John Moncur, messengers, witnesses contained in the same executions, which John Blindseil made faith that he executed the same execution upon the said 16 February 1609 against the said Robert Logan, his tutors and curators and all others having or pretending to have interest, and that he required the said Archibald Bald and John Moncur to be his witnesses. The which two witnesses being personally present made faith that they were required by him to be his witnesses, and that they heard and saw the said John Blindseil make the foresaid execution in manner specified therein. Upon the which verification, the said advocate likewise asked instruments.

  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 also the said John Blindseil made faith that he summoned the said Robert Logan and his tutors and curators and all others having or pretending to have interest in the said matter upon 21 February last at the market cross in Greenlaw, and that he lawfully summoned him personally apprehended upon 22 February; and also that he summoned the said Robert Logan and his foresaids upon 23 February and year of God foresaid at the market cross of the burgh of Haddington, and that he required Andrew Watt, common postmaster, and Alexander Cumming to be his witnesses to the same executions, and that they heard and saw the said John Blindseil execute the same in manner specified therein, and were required witnesses by him to that effect. Upon the verification of the which summons of treason executed against the said Robert Logan and his foresaids, the said advocate also asked instruments.

  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