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After prayers said, the rolls were called.
An act concerning vacant stipends, brought in by the lords of the articles, being several times read, after debate and some amendments made therein, was voted and approved.
Sir Patrick Hume of Polwarth, George Pringle of Torwoodlee and the heirs of Mr Robert Martin, being again thrice called, his majesty's advocate declared that he proceeded in the first place against Polwarth; and for proving the libel against him, cited James Murray of Philiphaugh, Walter Scott, late earl of Tarras, and Hugh Scott of Galashiels as witnesses. And in regard the conspiracy was complex and consisted of many matters of fact, he made use of the depositions which these witnesses had formerly emitted, that the same being read before them, they might declare upon oath if they do adhere thereto. But if any member of parliament for their clearing shall desire any of the witnesses to be further interrogated upon any point, he is satisfied that the same be done.
The said witnesses being examined, his majesty's advocate produced the letters of denunciation against Polwarth for non-compearance before the justice court and repeated the same, with the notoriety of the crime and his flight for corroborating the evidence; and craved that the parliament may advise the evidence. And, it being put to the vote, the libel was found proven against him.
His majesty's advocate declared he repeated the same evidence against George Pringle of Torwoodlee. And it being put to the vote, the libel was also found proven against him.
The advocate did also repeat the same evidence against Mr Robert Martin, and declared that he made use of Commissary Munro's deposition to prove that Mr Robert Martin accepted a commission from the conspirators in England to these here in Scotland, and returned again. And he showed that by the law of this kingdom the heir may be forfeited for the crime of treason committed by his predecessors, as appears by the first act of the sixth parliament of King James V, which act was read.
The evidence being considered, the libel was also by a vote of parliament found proven as to Mr Robert Martin. And his majesty's advocate, having desired that seeing the parliament has found the libel relevant and proven against Sir Patrick Hume of Polwarth, George Pringle of Torwoodlee and Mr Robert Martin, that they may proceed to give sentence of forfeiture against them. And it being put to the vote, sentence of forfeiture was ordained to be pronounced against the said three persons, whereupon his majesty's advocate took instruments.
Thereafter the sentence and doom of forfeiture was pronounced against the said Sir Patrick Hume, George Pringle of Torwoodlee and Mr Robert Martin's heirs by John Leslie, sworn dempster. And the lyon with the heralds, after sound of trumpet, with their coats of arms displayed, in presence of his majesty's commissioner and the estates of parliament, did reverse and tear the arms of the said Sir Patrick Hume, George Pringle and Mr Robert Martin.
An act ratifying the privileges of the ordinary senators of the college of justice, being twice read, was put to the vote and approved.
His majesty's advocate protested that the passing of this act does not prejudice the advocates of the privileges due to them.
The aforesaid three acts, namely: that for taking the oath of allegiance, the act in favour of the senators of the college of justice, and the act anent vacant stipends were touched by his majesty's commissioner with the sceptre.
His majesty's advocate did intimated in parliament that against the next meeting he will proceed against the lairds [Sir Hugh Campbell and Sir George Campbell of] Cessnock, elder and younger, [George Melville], lord Melville and [David] Montgomery of Lainshaw. And that there being defences given in for the Cessnocks, he is resolved to make no reply thereon.
His majesty's commissioner adjourns the parliament until Wednesday at 10 o'clock, and appoints the articles to meet upon Monday next at 10 o'clock.