2The decreit of reductioun of the proces, sentence and dome of foirfaltour led and deduceit aganis umquhill Johnne Lindsay of Wauchoip

Anent the summondis rasit at the instance of James Lindsay of Barcloy, pronevoy and air be progres to umquhile Johnne Lindsay of Wauchoip, his grandschire, and sua haifand guid entres and actioun to reduce the pretendit proces, sentence and dome of foirfaltour undirwrittin, quhilk wes deducit and gevin aganis the said umquhile Johnne, his grandschire, aganis Maister David McGill of Cranstoun Riddell, advocat to oure soverane lord, David Seytoun of Parbroth, his hienes comptrollair, Schir Thomas Lyoun of Auldbar, knycht, thesaurair, Schir Robert Melvill of Murdocarny, knicht, thesaurair depute, and all uthairis haveand or pretendand to have entres in the actioun and caus undirwrittin tuiching the exhibitioun and productioun with thame befoir oure saidis soverane lord and estaitis of perliament of the pretendit proceses, sentence and dome of foirfaltour led, gevin and pronuncit aganis the said umquhile Johnne Lindsay of Wauchoip be oure said soverane lordis maist noble grandschire of worthie memorie, James the ferd, be the grace of God, than king of this realme, and thre estaitis of the samyn for the tyme in thair parliament haldin and begun at Edinburgh the thrid day of Februar the yeir of God jM vC and fyve yeiris; quhairby it was wardit, fund, deliverit and for dome be act of the said parliament pronuncit that the said umquhile Johnne Lindsay haid committit and done tressoun aganis oure said soverane lordis umquhile maist noble grandschir and his realme in the alleagit treassonable airt and pairt of the slauchter of umquhile Barthlemow Glendoning, schireff in that part, executand lettrez of poynding at the instance of umquhile Margaret [...], moder in law to the said umquhile Johnne Lindsay, and for certane utheris pretendit crymes of tressone and lesemajestie; and thairfoir adjugeand and be dome foirsaid pronuncit the said umquhile Johnne Lindsay of Wauchoip to have foirfalt to oure soverane lordis umquhile darrest grandschire his lyf, his landis, guidis, offices and all uther his posesionis quhatsumevir he haid within this realme, evir mair to remane with oure said soverane lordis umquhile maist noble grandschir, his aris and successouris, as in the said pretendit sentence and dome of foirfaltour at mair lenth is contenit; togidder with the pretendit lettres of summondis alleagit execute aganis the said umquhile Johnne Lindsay of Wauchoip, to have comperit personallie befoir oure said soverane lordis umquhile maist noble grandschire or his justice in his parliament abone mentionat the thrid day of October than nixtocum, with continwatioun of dayis, to answerit unto oure said soverane lordis umquhile maist noble grandschire, or to his justice foirsaid, upoun the alleagit treassonable crymes abone rehersit, as at mair lenth is contenit in the saidis summondis rasit thairupoun of the dait at Linlithgw the tuentie day of Junii and of oure said soverane lordis grandschiris regne the sevintene yeir, or of quhatsumevir uther dait or daitis the same befoirnamit sentence and dome of foirfaltour or summondis abone mentionat quhairupoun the samyn procedit be, togidder with the executionis and indorsationis of the said pretendit summondis usit and alleagit execute upoun the said umquhile Johnne Lindsay to the effect abonewrittin; and lykwyis all and sindrie wreittis and depositionis of witness and utheris probationis, gif ony wes usit and producit in the said proces, aganis the said umquhile Johnne for preving of the pointis of the saidis summondis and pretendit crymes foirsaidis thairin contenit quhairupoun the said pretendit sentence and dome proceidit, to have bene sene and considderit be oure said soverane lord and the said estaitis of this realme in the parliament abone mentionat to be haldin as said is, and to heir and sie the same pretendit proceses, sentence and dome of foirfaltour abone specifiit retreitit, rescindit, reduceit, cassit and annullit, decernit and declarit be decreit of the said perliament to have bene fra the begining and siclyk to be in all tyme cuming null and of nane availl, force, strenth nor effect withall that has followit or may follow thairupoun; and to heir and sie the said James Lindsay now of Barcloy, pronevoy and air to the said umquhile Johnne Lindsay, his grandschire, restorit, decernit and declarit be decreit of the said perliament to have bene fra the beginning and siclyk to be in all tymes cuming be restorit and reintegrat for him, his aris and successouris in integrum aganis the said pretendit proceses, sentence and dome of foirfaltour, and thair honoure, loyaltie of blude, fame, stait and estimatioun quhareby thay may bruik, joyis and posseid all landis, heretages, rentis, guidis, offices and possessionis quhatsumevir pertening or that may pertene to the said James Lindsay or his foirsaidis or quhilk pertenit ofbefoir to the said umquhile Johnne Lindsay of Wauchoip or his predicessouris siclyk als frelie, peceablie and in the same maner as gif the said pretendit process, sentence and dome of foirfaltour haid nevir bene led, gevin nor pronuncit.

Followis the tennoure of the executioun and indorsationis of the saidis summondis upoun the sevintene day of Merche the yeir of God jM vC fourscoir tuelf yeiris: I, Adame Lindsay, ane of the schireffis in that pert within constitut, past at command of thir oure soverane lordis lettres and lauchfullie summond, warnit and chargeit Maister David McGill of Cranstoun Riddell, advocat to oure soverane lord, at his duelling place in Edinburgh in the Cowgait, Schir Thomas Lyoun of Auldbar, knicht, thesaurair to our said soverane lord, at his duelling place in Edinburgh in Gilbert McQuherries ludgeing, David Seytoun of Parbroth, comptrollair to our said soverane lord, at his duelling place in Edinburgh in the ludgeing abone the Nethair3 on the south syd of the hie gait thairof, and Schir Robert Melvill of Murdocarny, knicht, thesaurair depute to oure said soverane lord, at his duelling place in Edinburgh in James Adamesonis hous, becaus I culd not apprehend thame personallie; and after I haid knokit sex sindrie knokis with the mair at the yettis of thair saidis duelling houses respective and culd not gett entrie, I affixit and left ane copie of thir within writtin lettres upoun the yettis of every ane of thair saidis duelling houses respective foirsaidis to compeir befoir the estaitis of this realme in the parliament to be haldin day and place within contenit in the hour of caus, with continwatioun of dayis, bringand with thame the pretendit proceses and dome of foirfaltour within rehersit to answerit at the instance of the complenar within namit for the caus within mentionat, and maid intimatioun as is within specifiit efter the forme and tennoure of the saidis lettrez in all pointis; and this I did befoir thir witness, Johnne Baillie, Johnne Arnott and Williame Lawder, with dyvers utheris; and for the mair verificatioun heirof, my signet is affixit. Upoun the xxvj day of Merche the yeir of God jM vC lxxxxiij yeris, I, Johnne Hutoun, messinger, ane of the schireffis in that pairt within constitut, past at command of thir oure soverane lordis lettres to the mercat croce of the burgh of Dumfries, quhilk is the heid burgh of the schire, and be oppin proclamatioun thairat and be reding of the lettres within writtin lauchfullie summond, warnit and chargit all and sindrie personis haveand or pretendeand to have entres in the actioun and caus undirwrittin to compeir befoir the estaitis of this realme in the perliament to be haldin day and place within contenit in the hour of caus, with continwatioun of dayis, bringand with thame the pretendit proceses and dome of foirfaltour within rehersit, and to answerit at the instance of the complener within namit for the caus and to the effect within mentionat, and maid intimatioun as is within rehersit efter the forme and tennoure of the saidis lettrez in all pointis; off the quhilkis lettres I affixit and left ane copie upoun the said mercat croce, and this I did befoir thir witnes, Donald Richie in Traquair and Johnne Edyair thair; and for the mair verificatioun heirof, my signet is affixit. Upoun the last day of Merche the yeir of God jM vC lxxxxiij yeiris, I, Niniane Weir, messinger, ane of the schireffis in that pairt within constitute, past at command of oure soverane lordis lettres to the mercat croce of the burgh of Edinburgh, quhilk is the heid burgh of the schire, and thair be oppin proclamatioun thairat and be reding of the saidis lettres lauchfullie summonit, warnit and chargit all and sindre personis haveand and pretendand to have entres in the actioun and caus within specifiit to compeir befoir the estaitis of this realme in the perliament to be haldin day and place within contenit in the hour of caus, with continwatioun of dayis, bringand with thame the pretendit proces and dome of foirfaltour within rehersit, and to answerit at the instance of the complener within namit for the caus and to the effect within mentionat; and maid intimatioun, as is within rehersit, after the forme and tennoure of the saidis lettres in all pointis; off the quhilkis lettres I affixit and left ane copie upoun the said mercat croce, and this I did befoir thir witness, Robert Liddell and Richie Kirk, with utheris dyvers; and for the mair verificatioun heirof, my signet is affixit, as at mair lenth is contenit in the saidis principall summondis and executionis thairof. Quhilkis executionis and indorsationis war presentlie verefiit in face of perliament be the officiaris, executoris thairof, and witnes insert thairintill. The said James Lindsay now of Barcloy, being properlie present with Maister Williame Oliphant, his proloquutor, and the saidis Maister David McGill, advocat to oure soverane lord, David Seytoun of Parbroth, comptrallair, his hienes thesauraris, and all utheris haveand or pretendand to have entres in the said mater, being all lauchfullie summond to this actioun, oftymes callit and not comperit, the foirsaid pertie comperand, richtis, ressonis, allegationisis with the foirsaid sentence and dome of foirfaltour led and pronuncit aganis the said umquhile Johnne Lindsay of Wauchoip of the dait abonewrittin, with certane instrumentis of seasing, retouris, utheris wreittis and probationis producit for the pert of the said James Lindsay now of Barcloy, for preving of his ressone of reductioun efter specifiit, hard, sene, understand and his hienes and estaitis of perliament thairwith being ryplie advysit, the kingis majestie and estaitis of parliament retreittis, rescindis, reducis, casses and annullis the foirsaid proces, sentence and dome of foirfaltour led, gevin and pronuncit aganis the said umquhile Johnne Lindsay of Wauchoip be oure said soverane lordis maist noble grandschire King James the ferd and estaitis of perliament for the tyme haldin at Edinburgh the thrid day of Februar the yeir of God jM vC and fyve yeris; and decernis and declaris the said process, sentence and dome of foirfaltour to have bene fra the beginnig and siclyk to be in all tyme cuming null and of nane availl, force, strenth nor effect with all that has followit or may follow thairupoun; and decernis and declaris be decreit of this present perliament the said James Lindsay now of Barcloy, pronevoy and air to the said umquhile Johnne Lindsay, his grandschire, to be restorit and reintegr[...] him, his aris and successouris in integrum aganis the said pretendit proces, sentence dome of foirfaltrie, and presentlie restoris thame to thair honoure, loyaltie of blude, fame, state and estimatioun, quhairby that may bruik, jois and posseid all landis, heretages, rentis, guidis, offices and possessionis quhatsumevir pertening or that may pertene to the said James Lindsay and his foirsaidis, or quhilk pertenit of befoir to the said umquhile Johnne Lindsay of Wauchoip or his predicessouris, siclyk als frelie, peceablie and in the samyn maner as gif the saidis pretendit proces, sentence and dome of foirfaltour haid nevir bene led, gevin nor pronuncit, becaus the said Johnne Lindsay, sumtyme of Wauchoip, was nevir lauchfullie summond to have comperit in oure said soverane lordis maist noble grandschiris parliament haldin at the tyme abonespecifiit to have answerit upoun the pretendit crymes of tressone abonewrittin, nather personallie nor at his duelling place for the tyme, conforme to the speciall charge and command contenit in the saidis summondis and as was necesserlie requirit baith of the law and practique of this realme, bot onlie wes summond at the mercat croce of the burgh of Drumfreis without ony affixing of ane copie of the said pretendit summondis, as wes necesserlie requisit in all sic kynd of citationis. Nather is thair ony mentioun or report maid in the indorsatioun of the said pretendit summondis nor yit was uther wayis wardit in the said parliament that thair was any lauchtfull caus or impediment quhy the executour of the same summondis culd not at that tyme have suir access to the personall presence of the said umquhile Johnne Lindsay or els to his duelling place for the tyme, as was expreslie commandit and directit in the command of the foirnamit summondis gevin to the samyn executour thairof; and sua he put not the saidis summondis to dew executioun upoun the said umquhile Johnne according to the command and direction thairin contenit and conforme to the commoun law and dalie practique of this realme inviolablie observit in the executioun of all sic summondis continwallie in all tymes bypast. Quhairthrow it appearis nawyis nor can be evident that the said umquhile Johnne Lindsay was lauchfullie summond to the effect abonewrittin, nor that the summondis culd cum probablie to his knawlege, without the quhilk maner of lauchfull citatioun na sentence nor dome of foirfaltour culd have bene lauchfullie or justlie gevin aganis him in maner and upoun the pretendit crymes abonespecifiit. And gif he haid bene lauchtfullie summond to that effect quhairthrow the same micht have cum to his knawlege, than he wald have comperit, proponit and objectit, lyk as the said James Lindsay, his pronevoy and air be progres, now representing his persoun, has sufficient entres and place to propone and use the defenses undirwrittin aganis the said pretendit summondis, sentence and dome of foirfaltour following thairupoun, quhilk wald have bene sufficient to have elidit the said pretendit summondis of tressone and haill contentis thairof and to have stoppit ony sic sentence or dome to have followit thairupoun gif the samyn haid bene proponit in dew tyme befoir the geving thairof. And consequentlie the samyn being gevin for null defence and non comperance of the said umquhile Johnne Lindsay, ar now competent to the said persewar, and ar sufficient ressonis and causes to rescind, reduce and annull the said pretendit summondis, sentence and dome of foirfaltour abonementionat, viz: thair was na cryme of tressone nor lesemajestie contenit in the summondis abonerehersit that of the law and practique of this realme micht justlie infer the foirfaltour and tinsell of the said umquhile Johnne Lindsayis lyf, landis, guidis, offices and possessionis, for as to the alleagit slauchter of umquhile Barthlemo Glendoning, officiar and schireff in that pert, and of umquhile Symon Glendoning, his brother, in the executioun of thair office of ane schireff in that pert, albeit that cryme be the selff was wechtie and deservit to have bene punist be the death of the committair thairof and confiscatioun of his moveable guidis, nevirtheless it was nocht sufficient be the self to have inducit ane cryme, penaltie and dome of tressone or lesemajestie, nor yit be the commoun law, civile or municipall lawis the slauchter of ane officiar, schireff in that pairt, in the executioun of his office micht nor culd have inferrit foirfaltour of landis and heretage; nather culd the convocatioun of oure said soverane lordis maist noble grandschires leigis to that effect be estemit or adjugeit ane cryme of tressone or lesemajestie. And as to the uther pretendit crymes specifiet in the saidis summondis and pretendit dome of foirfaltour, sic as the alleagit making of leigis and bandis with the leigis and subjectis of this realme aganis oure said soverane lordis umquhile maist noble grandschir and his realme for the tyme, and alleagit committing upoun his trew leigis depredationis, reiffis, spulyies, heirschippis and rasing of fyre in tressonable maner, and the alleagit invading of this realme be way of armes and battaill, the maist pairt of the saidis crymes, albeit thay had bene relevantlie and speciallie libellit, as thay ar not yit of thair awin nature, thay ar not tressone, and nane of thame was relevantlie and speciallie qualifiit, nather designand with quhat personis in particular, at quhat tyme or tymes, in quhat place, aganis quhome in speciall and for quhat particuler and speciall caus the said pretendit leigis and bandis wer alleagit maid, nor aganis quhat personis in speciall, at quhat tyme or tymes and in quhat place or places the saidis pretendit depredationis, reifis, spulyies and fyre rasing wer alleagit done committit be the said umquhile Johnne Lindsay, nor yit with quhome, how and in quhat place or places the said pretendit invasioun wes lykwayis done or committit be the said umquhile Johnne. Without specificatioun and qualificatioun of the quhilkis necesser circumstances in perticuler, na summondis nor dittay of tressone nor na uther criminall accusationis culd stand nor be suffucient, bot was altogidder generall and inept. And albeit all the said pretendit crymes of tressone and lesemajestie haid bene relevantlie and speciallie qualified, as is abone designit, nevirtheless befoir ony lauchtfull sentence or dome of foirfaltour micht or culd justlie have bene gevin thairupoun, and befoir the said umquhile Johnne Lindsay aucht or culd have bene thairthrou justlie condamnit of tressone or lesemajestie ante omnia, the executioun and indorsationis of the saidis pretendit summondis and dittay thairin contenit conforme to the commoun law and practicque of this realme all tymes observit in sic caces aucht and suld have bene, as was not, sufficiently verifiit and provin be the officiar and schireff in that pairt thair incontinent, and be the personis quhome he tuik witness at the tyme of the alleagit citationis and summonding of the said umquhile Johnne Lindsay, and the said schireff and his witnes aucht to have bene sollempnitlie sworne that he executit the said pretendit summondis the dayis and in maner respective contenit in the pretendit indorsationis thairof; and that the saidis witneses stude beside, hard and saw the same execute and publictlie proclamit conforme to the saidis indorsationis and wer takin witness, quhilk was nocht done. And likwyis the said pretendit summondis and executioun, with the committing of the alleagit crymes abonementionat contenit thairin, aucht and suld have bene sufficiently verifiit and provin aganis him ather be witness, wreittis or els sum uther lauchtfull mark of probatioun and triall, quhilk was nawyis done in the said pretendit proces, quhairupoun the said pretendit proces and dome of foirfaltour proceidit befoir the geving or pronunceing thairof. Bot trew it is thair wes na witness producit, suorne nor examinat nor na uther lauchtfull kynd of probatioun or sufficient tryall usit nor deducit aganis the said umquhile Johnne Lindsay upoun the said pretendit summondis, dittay and crymes abone expremit for preving thairof that micht justlie have induceit the said sentence and dome of foirfaltour to have followit and bene pronucit aganis him. And consequentlie, the samyn was wrangouslie, raschelie and evill gevin and pronuncit aganis the ordour and forme of the lawes and practicque of the realme in all tymes bygane observit in sic caises, and thairfoir the said pretendit sentence and dome of foirfaltour aucht and sould be reduceit, retreitit, rescindit, cassit and annullit and decernit and declarit be decreit of oure said soverane lord and his hienes perliament to have bene fra the beginning and siclyk to be in all tyme cuming null and of nane availl, force nor effect with all that hes followit or may follow thairupoun; and the said James Lindsay now of Barcloy, pronevoy and air be progres to his said umquhile grandschir, for him, his aris and successouris and assignais, aucht and suld be restorit be decreit foirsaid in integrum aganis the said pretendit sentence and dome to thair honour, loyaltie of blude, fame, stait and estimatioun quhairby thai may bruik and posses all and sindre thair landis, rentis, heretage, guidis, geir and offices pertening or that may lauchfullie pertene to him or thame or quhilkis pertenit of befoir to the said umquhile Johnne Lindsay of Wauchoip, his grandschir, siclyk in all respectis as gif the said pretendit sentence and dome of foirfaltour haid nevir bene gevin. Quhilk reasone of reductioun being fundin relevant be the kingis majestie and estaitis of this present perliament, the same was referrit to the said persewaris probatioun, quha presentlie verifiit the same reason be productioun of the foirsaid proces, sentence and dome of foirfaltour, certane seasingis, utheris wreittis and probatioun sufficientlie lyk as wes cleirlie understand to the saidis estaitis of parliament, and thairfoir thay gaif thair decreit in maner befoir specifiit, and ordanis lettres to be direct to mak publicatioun at all places neidfull of this present decreit of parliament in forme as effeiris.

  1. NAS, PA2/15, f.5r-6v.
  2. The letter 'P.' written in the margin.
  3. There is no space in the mss here but presumably the word ‘Bow’ should follow here.