Series 5 > Miscellany [of the Scottish History Society] XIII

TRIAL OF GEILLIS JOHNSTONE, 1614
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Dunfermline 1614
[lr.] Curia justitie domini et regalitatis de Dunfermeling et
Mussilburghshyre1 tenta in pretorio de Edinburgh virtute dispensationis
dominorum consilii et sessionis S.D.N.2 regis3 , secundo die, mensis
Marcii 1614 per nobelem et prepotentum dominum, Alexandrum,4
comitem de Dunfermeling, dominum Fyvie et Urquhartis, magnum huius
regni Scotia Cancellarium ac balliuum hereditarium dictu regalitatis et
domini de Mussilburghshyre, nee non per dominum Jacobum
Richardsoun de Smetoun militem, et Georgem Hay de Monktoun,
balliuos deputatis dicti domini et regalitatis, sectis vocatis curia legitime
affirmata5
Assessores dicto domino Cancellario in dicta curia6
Johnne, archebishope of Glesgow7 James, bishope of Orknay1
1 Musselburgh was a semi-detached appendage of the regality of Dunfermline. Sometimes
it was referred to separately as the ‘regality of Musselburgh’, sometimes together with
Dunfermline as is done here, and sometimes it is subsumed under the style ‘regality of
Dunfermline’. Its records were kept separate from those of Dunfermline proper.
2 This stands for ‘supremi domini nostri’.
3 This reference to the court of session occurs, presumably, because the session’s
permission was required to hold the trial in Edinburgh—outside the territorial boundaries
of the regality. (‘Court of session’ and ‘college of justice’ were interchangeable terms.
The members of the college of justice are known as lords of session.) On 16 May 1609
another Dunfermline regality case—this time for homicide—was held in Edinburgh, and
it too was by the dispensation of the ‘dominorum consilii et sessionis’. NAS, register
house, RH11/27/17.
4 Alexander Seton, Lord Fyvie, 1598; earl of Dunfermline, 1605; a lord of session, 1586;
president of the court, 1593-1605; chancellor ofScotland, 1605-22.
5 Justice court of the lordship and regality of Dunfermline and Musselburghshire held in
the tolbooth of Edinburgh by virtue of a dispensation from the lords of council and
session of our sovereign lord the king, the 2nd day of the month of March 1614 by the
noble and potent lord Alexander, earl of Dunfermline, lord Fyvie and Urquhart, lord
high chancellor of this kingdom of Scotland and hereditary bailie of the said regality and
lordship of Musselburghshire as well as by Sir James Richardson of Smeton, and George
Hay of Monkton, bailie deputes of the said lordship and regality, the court has been
legitimately fenced.
6 Assessors to the said lord chancellor in the said court. All of the following assessors
were privy councillors at some point in their careers. The following people were not
councillors at the time of this trial: James Law, bishop of Orkney, Sir Alexander Hay of
Fosterseat, Sir James Skene and Sir William Hart.
7 John Spottiswood, archbishop of Glasgow, 1603-15; archbishop of St.Andrews,
1615-39; chancellor ofScotland, 1635-38; a lord of session, 1610-39.