[1484/2/29]¹

Judicial proceeding: process of forfeiture against Gavin Crichton and others

Which day in parliament, our sovereign lord the king sitting, his three estates being assembled and gathered, Alexander Hepburn of Whitsome, sheriff of Edinburgh, presented a letter of summons under the white wax and the testimonial of the great seal, the tenor of which follows:

James, by the grace of God king of Scots, to the sheriff of Edinburgh and his bailies, greeting. We commission you and order that you summon, lawfully and peremptorily, before witnesses, the underwritten persons being in the castle of Crichton, by apprehending them personally if you are able to come upon them, otherwise at the said castle of Crichton, or by public proclamation at the market cross of our burgh of Edinburgh - namely Gavin de Crichton, George Crichton, James Cockburn, the son of James Cockburn of Clerkington, William Haldane, John Crichton, William Goldsmith, James Forman otherwise known as Dalrymple, James Robison, Alexander Haldane, John Thomson, Donald Crichton, Alexander Heslop, David Crichton, George Pringle, George Cordance, John Redheuch, Thomas Pentcaitland, Patrick Wilson, John Wilson, Patrick Heslop, Thomas Heslop, William Heslop, John Chalmer, Patrick Robison, Robert Dalziel, Thomas Logan, John Logan, William Logan, William Rowle, Thomas Dewar, 'squint-eyed Nick', John Crichton, John Sanderson, Richard Smith, Robert Burn, William Robison, David Atkinson and Bartholomew Crichton - to appear personally before us, or before our justiciar, in our next parliament at Edinburgh, to be held on Thursday 19 February next to come, with continuation of days, to answer to us, or our said justiciar, in our aforesaid parliament, for their treasonable fortifying, garrisoning and withholding of the said castle of Crichton; and for the treasonable art, part and assistance thereby shown by the said persons treasonably fortifying, supplying and withholding the said castle against our mandates directed to them, and against acts of parliament; and upon a great many other treasonable crimes and rebellions perpetrated by the said persons against our royal majesty and our kingdom; [and] to submit to the law. Intimating to the all the aforesaid persons that whether or not they compear at the said day and place, with continuation of days, we, or our said justiciar, will nevertheless proceed with the administration of justice in the aforesaid matters. And that you exhibit the present letters duly executed by you, and endorsed with the day and place and names of the witnesses to your execution of the same, [before] us, or before our said justiciar, in our aforesaid parliament, on the said day and place. Given under the testimony of our great seal, at Edinburgh, 19 November in the 24th year of our reign [1483].

Executed and endorsed by the said sheriff as follows below: On 11 December, I, Alexander Hepburn of Whitsome, sheriff of Edinburgh, at the bidding and command of these our sovereign lord's letters, travelled to Crichton castle, and there before these undernoted witnesses I summoned in person Gavin of Crichton, George of Crichton, brother of William [Crichton], lord Crichton, and the rest of the persons contained in this summons to compear in person in our sovereign lord's next parliament to be held at Edinburgh on Thursday 19 February next, with continuation of days, and there to answer our said sovereign lord in his said parliament for the treasonous supplying and withholding of Crichton castle, and for the treasonous art, part and assistance thereby given and shown in the withholding of the said castle against our sovereign lord's commands directed to them and by the said persons treasonably supplying and withholding in contradiction to the acts of parliament, and for many other treasonous crimes and rebellions by the said persons against our sovereign lord's majesty and realm committed and undertaken and there to submit to the law for that, and I made known to the said persons that whether they compeared or not our sovereign lord would proceed and administer justice in the said matter, and this I did before these witnesses: George Sinclair, Adam Archibald, Andrew Archibald, John of Stermonth, William Johnston, Patrick of Walderston, king's serjeants, and Peter March, notary and for the greater certainty I have set my seal to [it]. And further, on 7 December last I travelled to Edinburgh market cross and there I summoned by open proclamation all the persons contained in these summons, because I could not apprehend them personally, to compear in person in our sovereign lord's parliament on the aforenoted day and place to answer his highness on all the aforementioned points and articles, and this I did before these witnesses: Alexander Thomson, Adam Archibald, John of Cairns, William Johnston, Patrick of Walderston, king's serjeants, Peter March and James Young, public notaries, with various others, and for the greater witnessing to this my execution I have set my seal to [it]. Which citation of summons and execution being read and lawfully proven in judgement by various worthy and reputable witnesses, the said persons, each one themselves, often called but not compearing at the lawful time of day requested, the order and processes of continuation of the said summons seen, heard and understood at length proceeded lawfully until this said day, in the name and behalf of our sovereign lord, John the Ross of Montgreenan, as his highness's advocate, asked and requested in his name and authority and by his special command from the lords, barons and burgh commissioners for their decision and judgement of parliament whether the said Gavin of Crichton, George of Crichton, James of Cockburn, son to James of Cockburn of Clerkington, William Haldane, John of Crichton, William Goldsmith, James Forman called Dalrymple, James Robison, Alexander Haldane, John Thomson, Donald of Crichton, Alexander Heslop, David Crichton, George of Pringle, George of Cordance, John of Redheuch, Thom[as] of Pentcaitland, Patrick Wilson, Robert of Dalziel, Patrick Heslop, Thom[as] Heslop, Will[iam] Heslop, John of Chalmer, Patrick Robison,² Robert of Burn, Thomas Logan, John Logan, Wil[liam] Logan, Wil[liam] Rowle, Thomas Dewar, 'squint-eyed Nick', John of Crichton, John Sanderson, Richard Smith, Wil[liam] Robison, David Atkinson and Bartholomew Crichton had committed and undertaken treason against our sovereign lord and his realm in the aforenoted points and articles, which lords and estates being diligently and fully advised, awarded, found and delivered that all the aforenoted persons had committed and undertaken open and manifest treason against our sovereign lord and his realm in all aforesaid points and articles, and thereafter it was given for doom by the mouth of John Dempster, dempster of parliament, in the manner and form as follows below:

This court of parliament shows for law and I give for doom that for as much as Gavin of Crichton, George of Crichton, his brother, James of Cockburn, son of James of Cockburn of Clerkington, and the rest of the aforementioned persons have committed and undertaken treason against our sovereign lord the king and his realm in the aforesaid treasons and crimes contained in the summons, for this they and each one of them by themselves have forfeited to our sovereign lord their life, lands, goods, offices and all other of their possessions that they had from our sovereign lord within the realm of Scotland to remain forever with our sovereign lord, his heirs and successors, in property for their treasons and offences, and that I give for doom.