Series 1 > Records of the Proceedings of the Justiciary Court Edinburgh, 1661-1678 > Volume 1, 1661-1669

238
JUSTICIARY PROCEEDINGS
[AUG.
theirintill1 and fforfaulture against persons guilty of high
Treason tho’ they be absent and contumacious. Sic subr Jo.
Gilmouk.,2 I.P.D.
In this place the Advocates Warrand is recorded and
after production thereof and of the forsaid Resolution,
the Justices gives the two following Interloqrs.—
They find that conform to my Lord Advocate’s desire the
forenamed persons may both be declared fugitives for their
contumacy and not appearing as also insisted against for their
fforfaulture, and 2^ They find the Dittays relevant and
ordains the same to be put to the knowledge of an Assize.
Then my Lord Advocate declared that he insisted 1° loco
against the persons following, viz.
Collonell James Wallace. Mr. James Smith.
Major Joseph Learmont. Pat. Liston in Calder.
. . . Mcclellan of Barscobb. Wm Liston his son.
Mr. John Welsh. Wm Poterfield in Qarrelton.
Caldwell, Kersland,
and some others are continued till tomorrow and the rest of
the List till the 5th and 15 of November next.
Assiza
James Sommerveil of Drum.
William Rigg of Carberry.
Sir Ro1 Dalziell of 3
Wal. Kennoway, secretary to
the Generali.
John Ruthvin, tutor of Gair-
dine.
William Melvil of Dysert.
Collonell James Hay.
Sir Jo. ffalconer, knight.
Jas. Lockhart of Cleghorn.
Jas. Hepburn of Bairfoot.
1 ‘ therein ’ in Adv. MS.
2 Sir John Gilmour of Craigmillar passed as advocate ist December 1628;
became Lord President 13th February 1661, and resigned in 1670. The bold
stand he made for the Marquis of Argyle in 1661 was long remembered in
Scotland. He belonged latterly to the Lauderdale party, and aidec^ in pro¬
curing the downfall of the Earl of Middleton.—W.
3 Blank also in Adv. MS.