[1568/7/18]*[print] [email] [cite] [preceding] [following]
19 August 1568
The which day compeared personally Master John Spence, advocate to our sovereign lord, in presence of [James Stewart, earl of Moray], my lord regent's grace, and three estates of this present parliament; and showed and declared that he had produced of before, yesterday, on 28† August 1568, a summons of treason and lese-majesty raised, duly executed and endorsed at our said sovereign's instance and his said dearest regent against Hugh [Cunningham], earl of Eglinton, Gilbert [Kennedy], earl of Cassilis, John [Maxwell], lord Herries, William Maxwell, his son and apparent heir, John [Fleming], lord Fleming, William [Hay], lord Hay of Yester, James Cockburn of Skirling, knight, John Fleming of Boghall, John Gordon of Lochinvar, Patrick Hepburn of Luffness, knight, son and apparent heir to Patrick Hepburn of Waughton, William Hepburn of Gilmerton, Adam Hepburn of Smeaton, Patrick Congalton of that Ilk, William Newton of that Ilk, David Hamilton of Fingalton, knight, [...] Hamilton of Torrance, Robert Hamilton of Torrance and Cuthbert Hamilton of Camdar, as at more length is contained in the said summons of treason raised against them thereupon. And that after that the aforesaid whole persons above-written were thrice called at the tolbooth window to have compeared and defended the said summons raised against them, and every one of them, none of them compearing, and that he had likewise yesterday sufficiently verified the executions and endorsement of the said summons by the officers and witnesses respectively specified therein, being admitted, received and examined thereupon, the aforesaid parties being lawfully called to that effect and not compearing as said is. And because the aforesaid whole persons above-written were lawfully summoned as said is to have compeared upon 18 August 1568, with continuation of days, to have heard them and each one of them decreed to have incurred the pains of treason and lese-majesty for the crimes specified therein, which 18 August was the first day of compearance contained in the said summons, and therefore the said advocate repeated instantly the depositions of the officers and witnesses produced by him of before, with the writs and other probations likewise produced in the said cause of before for proving of the points contained in the said summons, which proved sufficiently the executions and endorsement of the said summons, with the whole remaining points contained therein, and desired further process in the said matter. And thereafter the aforesaid whole persons above-written, and every one of them, being of new duly and sufficiently thrice called at the said tolbooth window to have compeared and defended in the said cause, and none of them compearing, and the aforesaid whole summons of treason being openly read in presence of my lord regent's grace and three estates of parliament, with the writs and other probations produced by the said advocate for proving and verifying of the whole points and articles contained in the said summons, and the executions and endorsement of the same being sufficiently verified by the officers and witnesses respectively contained therein, the king's grace, with advice of my lord regent and three estates of parliament aforesaid, finds and declares that the aforesaid Hugh, earl of Eglinton, Gilbert, earl of Cassilis, John, lord Herries, William Maxwell, his son and apparent heir, John, lord Fleming, William, lord Hay of Yester, James Cockburn of Skirling, John Fleming of Boghall, John Gordon of Lochinvar, Patrick Hepburn of Luffness, knight, William Hepburn of Gilmerton, Adam Hepburn of Smeaton, Patrick Congalton of that Ilk, William Newton of that Ilk, David Hamilton of Fingalton, knight, [...] Hamilton of Torrance, Robert Hamilton of Torrance and Cuthbert Hamilton of Camdar, and every one of them, have incurred and committed the crimes of treason and lese-majesty contained in the said summons; and, for certain good and reasonable causes moving my said lord regent and three estates aforesaid, has superseded and supersedes the pronunciation of the doom upon the aforesaid persons, and every one of them, to be declared and pronounced in their presence in this present running parliament when they please, which they declared presently to run until the same be declared to be deserted by the said three estates. Upon the which declaration and premise, the said Master John Spence, advocate aforesaid, asked instruments.†