[The king’s writ in Norman French appointing the justices to try the prisoners is engrossed, dated under the Privy seal at Lazenby (Yorks) 30 July previous. The king’s instructions to the justices, read openly in court by Sir Robert de la Warde and dated at Lazenby 1 August, are as follows:]
That John de Seton be drawn and hanged, as the king heard that he was at the death of Sir John Comyn; and Bernard de Mowat be also drawn and hanged, as he was at Roger de Tany’s slaughter in Selkirk forest on his way to the king, then in his Scottish war, and also burned and destroyed Holy Church; and all the other prisoners to be hanged, as they bore arms against their liege lord the king and are prisoners of war. And that a record be made of these treasons and felonies by one of the king’s justices aforesaid in the form underwritten, and thereon judgment pronounced as ordained, and none of them be allowed to answer.
[The indictments and sentences]
John de Seton – taken in Richard Siward’s castle of Tibbers which John was holding against the king for Robert Bruce a traitor, and for aiding said Robert in killing John Comyn in the church of the Friars Minors of Dumfries, ‘nequiter et contempnabiliter’, in contempt of God and most Holy Church, and against the king’s peace, on Thursday next before Carniprivium this year; and likewise on same day at the capture of said Richard’s person, then the king’s sheriff of the county of Dumfries and constable of the castle, and at the capture of the said castle, with the said Robert – appeared before the justices and these charges being sufficiently notorious and manifest to the king and his court, he was sentenced to be drawn and hanged as above. No lands or chattels.
The said Bernard – for being in the conflict between Aymer de Valence the king’s lieutenant in Scotland, and Robert de Bruce, on Sunday next after Midsummer’s day this year, and bearing arms against the king, fighting in the field between the town of St John of Perth and the town of Methven, and feloniously and wickedly slaying some of the king’s liegemen there, and taken on the field, and slaying the aforesaid Roger de Tany, the king’s valet, in Selkirk forest, and burning and destroying churches in Scotland – appeared, and was also sentenced to be drawn and hanged. No lands or chattels.
The remainder of the prisoners, charged with killing the king’s lieges at the said battle under Robert de Bruce, and taken on the field, were all condemned to be hanged.
Inquisition being made as to their lands and chattels, it was found that none had any in England except John de Somerville, who had 100s. of land in Hedgeley in Northumberland, taken in the king’s hand as a forfeit of war. The Chancellor of Scotland to be commanded by writ of Privy seal to cause inquiry by the sheriffs of Scotland as to his and the other’s lands there, which are to be taken in the king’s hand, and the Chamberlain to be certified in due form.