[1592/4/4]¹

Judicial proceeding: summons of treason

²The which day, Master David MacGill [of Cranstoun-Riddel], advocate to our sovereign lord, produced before the said lords commissioners of parliament a summons of treason written on parchment, given under the quarter seal, duly executed and endorsed against [Dame] Margaret Douglas, countess of Bothwell, and Francis [Stewart], sometime earl of Bothwell, her spouse, [...] his interest, James Douglas of Spott, Archibald Wauchope, younger, of Niddrie, Master John Colville of Strathurdie, William Stewart, sometime constable of the castle of Dumbarton, John Wauchope, bailie of Niddrie, John Hamilton, younger, of Samuelston, Alexander Hamilton, his brother, Robert Hepburn in Overhailes, William Learmonth of the Hill, Robert Home, younger, of the Heugh, Hercules Stewart of Whitelaw, Patrick Edington of Morham [...], James Hepburn in Mauishill,³ Andrew Hepburn in Nunraw, John Douglas, elder, in W[...] Petheid, George and [...] Hepburn, brothers to Master Thomas Hepburn, parson of Oldhamstocks, John Sinclair of Oldhamstocks Mill, Ninian Sinclair, his brother, George Auchencraw of East Reston, Patrick Auchencraw there, John Auchencraw, son to the Lady Rento[...], Alexander Home, brother to William Home of Prenderguest, [...] French, brother to the laird of Thornydykes, Master Thomas Cranston, younger, of Murieston, John Cranston, his brother-german, John Ormiston in Smailholm, Robert Ormiston, his son, David Pringle [...] Kelso, Robert Learmonth there, James Learmonth there, David Gledstanes in Sprouston, James Pott there, Robert Pringle in Scharperlaw, Robert Pringle, his brother, in Kelso, Robert Trumbill, sometime tutor of Barnhills, Robert Ormiston of Bridgend, James Stewart of [Tyn]neis, Robert Stewart in Tynneis, David Stewart in Glen, John Middlemist, brother to the laird of Grierson, John Stewart of Fouledge, Patrick Crummy of Caribdin, D[avid] Orme of Mugdrum, Robert Scott, brother-german to Sir James Scott of Balwearie, knight, Archibald Douglas, son to William [Douglas], earl of Morton, lord Dalkeith, William Pringle in [...], Hugh Pringle there, William Ormiston in Bridgend, Alexander Learmonth, brother to the laird of Earlston, Andrew Home, son natural to William Home of Fanis, Patrick Futhie of Futhie's Mill, David Auchencraw in Gunsgreen, Adam Manderston, servant to the said James Douglas of Spott, Ninian Chirnside, James and Robert Hepburn, servants to the said sometime Earl of Bothwell, [...] Hepburn, son to the laird of Beinstoun, Patrick, John and George Douglas, servants to the said laird of Spott, for certain crimes of treason specified in the said summons, upon the production whereof the said advocate asked instruments; and the foresaid whole persons being thrice called at the tolbooth window of Edinburgh and none of them compearing, except the said Patrick Futhie of Futhie's Mill and Robert Ormiston of Bridgend; and also the said advocate produced the officers and witnesses underwritten, executors of the said summons of treason, to verify the same executions, and that the same was truly done as they bear in manner after-mentioned: that is to say, William Forsyth, messenger, executor of the executions of the said summons of treason executed upon 4, 5, 6, 7, 8, 9, 10, 11, 12, 15 and 16 March 1591 [1592] at the dwelling places of the persons foresaid respectively above-written and also executor of the executions of the said summons of treason executed upon 4, 8, 11, 13, 16 and 21 March 1591 [1592], executed at the market crosses of Haddington, Duns, Jedburgh, Selkirk, Peebles and Lanark, and also Henry Girdwood and Robert Symonton, witnesses contained in all the said executions executed by the said William Forsyth, made faith in presence of the said lords commissioners of parliament, namely: the said William Forsyth, messenger, made faith that he executed the said summons of treason upon the special persons contained therein as the same bears; and that they, and each one of them, were summoned in manner specified in the said executions, and the said Henry Girdwood and Robert Symonton made faith that they heard and saw the said William Forsyth execute the said summons of treason upon the special persons contained therein in manner specified in the said executions, and were by him specially required to be witnesses, and that the same executions are truly and lawfully executed as the same bears by the said William Forsyth, messenger, Ninian Weir, messenger, executor of certain endorsements of the said summons of treason executed upon the 7, 8, 9, 10 and 12 March 1591 [1592] at the dwelling places of the persons foresaid respectively above-written, and also executor of the endorsements of the said summons of treason executed upon 1, 3, 7, 8, 9, 10 and 11 March 1591 [1592] executed at the market crosses of Glasgow, Dumbarton, Edinburgh, Linlithgow, Stirling, Clackmannan, Kinross-shire, Perth and Cupar in Fife; and also Andrew Henryson and William Clerk, witnesses contained in all the said executions executed by the said Ninian Weir, made faith in presence of the said lords commissioners of parliament, namely: the said Ninian Weir, messenger, made faith that he executed the said summons of treason upon the special persons contained therein as his executions bear, and the said Andrew Henryson and William Clerk that the said Ninian Weir duly executed the said summons of treason upon the special persons contained in his executions produced by him, and that the said Andrew Henryson and William Clerk were required witnesses by him; and the said Andrew and William made faith that they heard and saw the said Ninian Weir execute the said summons of treason in manner specified in his said executions, and that the same are truly and lawfully executed and that they were required witnesses by the said Ninian Weir to the said executions. Nicol Newell, messenger, executor of an execution executed upon 9 March 1591 [1592] at the market cross of Dumfries upon the foresaid persons, and John Finlayson and John Aitken, witnesses inserted in the same execution, compeared in presence of the said lords commissioners of parliament and made faith that the said execution was duly executed as the same bears, and that the two witnesses were required by the said Nicol to be witnesses to him of the same execution. David Wilson, messenger, executor of a charge executed upon 1 March 1591 [1592] at the market crosses of Glasgow and Dumbarton, William Houston, tailor, and James [...], witnesses inserted in the said execution, compeared in presence of the said lords commissioners of parliament and made faith that the said execution was duly executed as the same bears, and that the two witnesses were required by the said David to be witnesses to him. Upon the production of the which summons of treason and executions thereof, and verification of the endorsements of the same by the messengers, executors thereof, and witnesses inserted therein, the said Master David MacGill, advocate to our sovereign lord, in his highness's name, asked instruments and the foresaid whole special persons respectively above-written summoned by the said summons of forfeiture as said is, being thrice called at the tolbooth window of the burgh of Edinburgh to have compeared and to have answered to the said summons of treason, and none of them compearing except Patrick Futhie of Futhie's Mill, who produced a remission granted by our sovereign lord under the great seal of the date the [...] day of [...] last, and a letter subscribed by the king's majesty directed to the said advocate, to pass [...] pursuit of the said Patrick, upon the production whereof he asked instruments; a[...] also Robert Ormiston of Bridgend compeared personally, and was content to abide a trial for any crime contained in the said summons of treason that might be laid to his charge.

The lords commissioners of parliament command the said Patrick Futhie and Robert Ormiston to retire to their l[odg]ings in Edinburgh and there to remain until they be sent for by h[is] highness, and continue all actions and causes depending in this present parliament to tomorrow.