[A1567/12/45]¹

Judicial Proceeding: summons of treason; forfeiture

The which day Master Robert Crichton, advocate to our sovereign lord, presented, exhibited and produced a summons of treason given under the testimonial of the great seal raised at the instance of our said sovereign lord, his dearest cousin and uncle, James [Stewart], earl of Moray, lord Abernethy etc., regent of his realm, and lieges thereof and his highness's justice, against James [Hepburn], earl of Bothwell, James Ormiston of that Ilk, Robert, alias Hob Ormiston, his father's brother, Patrick Wilson, brother to Adam Wilson, burgess of Haddington, William Murray, brother to Adam Murray, Simon Armstrong, alias Wanton Sim, and Paris [...], Frenchman, whereby they were summoned to have compeared before our said sovereign regent and justice and three estates of parliament this present and instant day of 19 December, in the hour of cause, with continuation of days, to have answered to a summons of treason and lese-majesty raised against them, and to have heard them and each one of them decreed and declared to have incurred diverse crimes of treason and lese-majesty contained in the said summons, and, therefore, all and sundry their goods moveable and unmoveable, as well lands as offices and other goods pertaining to them, to be confiscated to our said sovereign, to remain perpetually to his highness in property, and their persons to underlie the pain of treason and chief punishment according to the laws of this realm for diverse causes, as at more length is contained in the said summons; which summons being called this instant day at the hour of cause, as use is observed in such cases, in presence of the said three estates in parliament, and thereafter the said whole summons being first read in Latin and then in English, with the executions and endorsement of the same; and the said earl and remainder of his colleagues particularly above-written, being likewise three sundry times called by their names and surnames to have accounted this instant day, with continuation of days, to have answered to the said summons of treason, and none of them compearing, our said sovereign lord's letters also being produced, directed under his said dearest regent's subscription, and signet being likewise produced and openly read, relaxing the said Earl of Bothwell and remaining persons respectively above-written from the process of horning led against them for whatsoever cause or occasion bygone, to the effect that they might compear and defend themselves in the said cause, as at more length is contained in the said letters of the date 2 October 1567, together with the executioners thereof and execution upon 3 October 1567, by William Lawson, messenger, at the market cross of Edinburgh, relaxing the aforesaid whole persons respectively above-written from the said process of horning and giving the wands of peace to Edward Hislop, in their names; the other executed by David Fowler on 4 October 1567, at the market cross of Haddington, relaxing them in like manner from the said process of horning and giving the wand of peace to John Bukem, messenger, in their names, as at more length is contained in the aforesaid endorsement respectively. And thereafter the said earl and his accomplices respectively being of new called at the said tolbooth window, and none of them compearing, the said advocate desired the said three estates of parliament to receive the probation concerning the execution and endorsement of the said summons, which being granted, thereafter compeared personally Peter Thomson, Islay herald, and made faith in presence of my said lord regent, justice and three estates that the execution of the said summons made by him upon the said earl and remainder of his colleagues respectively above-written on 5 and 11 October 1567 was just and true in the self, as the same purports and bears; and likewise Robert Towers, Robert Fockart and William Morrison, witnesses contained in his said execution and endorsement, compearing personally, made faith in like manner that they were present, heard and saw the said execution made and that the same was just and true in the self in all points. And in a similar manner Adam MacCulloch, Marchmont herald, compearing personally in face of parliament, made faith that the execution and endorsement made by him on 10 October 1567 upon the said earl and remaining persons aforesaid was just and true in the self, as the same purports and bears; and for verifying thereof, compeared personally Thomas Donaldson, messenger, and James Thomson, witnesses contained therein, and made faith that they were present, heard and saw the said Adam make the said execution made in manner contained in the said endorsement, and that the same was true and just in the self in all points, as the same purports and bears. Upon the which premises particularly above-written, the said Master Robert Crichton, advocate aforesaid, asked instruments.