[1584/5/64]¹

Judicial proceeding: summons of treason; asking of instruments

The which day, Master David MacGill of Nisbet [and Cranstoun-Riddel], advocate to our sovereign lord, produced the aforesaid three summons of treason of new, duly executed and endorsed upon the aforesaid whole persons not passed from as said is, which were of new read this instant day and the persons summoned by the same, thrice called at the tolbooth window and none compearing, except they who compeared yesterday; and thereafter the aforesaid whole endorsements of the said summons, being by the officer and witnesses contained therein of new verified in all things, as was done yesterday, upon the which the said advocate asked instruments.

[1584/5/65]²

And immediately thereafter, the king's majesty being personally present, commanded the said Master David MacGill [of Nisbet and Cranstoun-Riddel], his highness's advocate, to pass from the pursuit of the said John Livingstone, younger, of Dunipace, William and Michael Elphinstone, brother to [Robert Elphinstone], lord Elphinstone, William Douglas of Bonkle and William Lyon of Bagillie, and likewise commanded the said clerk register and his deputes to delete them out of the said summons of forfeiture, which was presently done in presence of the king's majesty and lords of articles by the said advocate and Alexander Hay [of Easter Kennet], clerk register, and thereupon the said advocate asked instruments.

[1584/5/66]³

And likewise John Leslie of Auquhorties, alias Bennachy, being personally present, produced a remission granted by our sovereign lord under his highness's great seal, remitting the said John the aforesaid crime and treason contained in the said summons of forfeiture led against him; in respect of the which, the said advocate likewise passed from the pursuit of the said John Leslie, whereupon the said John asked instruments.

[1584/5/67]⁴

The which day, Master David MacGill [of Nisbet and Cranstoun-Riddel], advocate to our sovereign lord, for verifying of the reason contained in the said summons raised against Dame Dorothea Stewart, countess of Gowrie, and Dame Agnes Drummond, countess of Mar, younger, repeated their own confessions, confessed instantly by them in presence of the lords of articles, and the act made in the last continued parliament on 22 May 1584, entitled 'An act for disinheriting of the posterity of the Earl of Gowrie', and likewise the said advocate, for proving of the said reason against the said [Archibald Douglas], earl of Angus, [John Erskine], earl of Mar, [Thomas Lyon of Baldukie], master of Glamis and Master James Erskine, produced sundry missive writings subscribed and sent by them to sundry of our sovereign lord's lieges, desiring and seducing them to assist them and their accomplices in their enterprise at Stirling, and repeated the notoriety of the deed and their fleeing in England for the same cause; and likewise produced the deposition and confession of the said [Margaret Lyon], lady Cassilis and the depositions of sundry witnesses, examined of before in presence of the king's majesty and lords of his highness's secret council, and repeated the notoriety of the deed and the said act of parliament, for proving of the reason contained in the said summons of forfeiture raised against her; and in like manner, for proving of the said reason against [Adam Erskine], commendator of Cambuskenneth and Master John Colville, repeated the notoriety of the deed, the said act of parliament and licence granted to them to pass out of the realm and not to come in England nor Ireland, and notwithstanding thereof that they repaired in England and trafficked for the earls of Angus, Mar and the rest of the said conspirators at the court of England, together with the declaration of [Patrick Adamson], archbishop of St Andrews, whereby he declared, in presence of the king's majesty and lords of articles, that he saw them both in England after the said licence granted. And also the said advocate, for proving of the reason of the said summons of treason against David [Erskine], commendator of Dryburgh, William [Erskine], commendator of Paisley, John Leslie of Balquhain, George Douglas of Parkhead, James and George Douglas, his son, James Douglas of Todholes, John Douglas of Glaspen, [...] Douglas, son and apparent heir to William Douglas of Bonkle, Patrick Drummond, apparent heir of Carnock, John Carmichael, [youn]ger, of that Ilk, Hugh Carmichael, his son, William Carmichael of Rowantreecarse, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, Hugh Nisbet of Raschill, Patrick Home of Argaty, John Leslie of Largie, Robert Hamilton of Carse, Arthur Hamilton, called of Bothwellhaugh, Master Patrick Whitelaw of Newgrange, John Arbuthnott of Lyntusk and James Murray of Pardowis, repeated the notoriety of the deed and that they and each one of them are fugitive and have fled to England, together with the said act of parliament; upon the which premises, the said advocate asked instruments.

[1584/5/68]⁵

And likewise the same day, [David MacGill of Nisbet and Cranstoun-Riddel], the said advocate, for verifying of the reason contained in the said summons of treason raised against John Ross of Craigie, as brother and apparent heir of the late James Ross of Pittheveles, instantly produced Matthew Baillie, Gavin Stewart and Allan Stewart, servants to [James Stewart], earl of Arran, in presence of the lords of articles, who were sworn and examined in their presence upon the reason contained in the said summons, and likewise repeated the notoriety of the deed and desired the king's majesty and lords of articles to proceed to the advising of the said summons, how soon his majesty and lords pleased; and thereupon he asked instruments.