The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 28 March 2024
[A1596/5/9]1
Legislation: private act
Act anent the Laird of Buckleuch etc.
Anent the demand maid in name and for the kingis majesteis darrest suster, the quene of England, be Robert Bowis, hir ambassadour heir resident, for redres tobe gevin to hir of the allegeit outragious fact done be Schir Walter Scott of Branxholme, knicht, and his compliceis at the castell of Carlile, proportand that forsamekle as the said Schir Walter, knawne to be a publict officiar, with his saidis compliceis, upoun the xiij day of Aprile lastbipast, in weirlyke maner and hostilitie, invadit hir majesteis realme of England, assailyeit violentlie hir castell of Carlile and subjectis and committit uthiris haynous offenses contrair to the league and amitie betuix the tua realmes, gevand thairby ane just and manifest occasioun of violatioun of the same; thairfoir, requiring the said Schir Walter tobe baith deulie fylit for his fact and delyverit to his said darrest suster to suffir the panes tobe execute upoun him for the sam, as the said demand at mair lenth proportis. The said Schir Walter being lauchfullie warnit and compearand personalie befoir his majestie, his nobilitie, counsale and esteatis presentlie convenit, and the said fact being havelie layed to his charge be the kingis majestie for justifeing of his awne parte, denyit that evir he had ony intentioun to invade the realme of England or to assailyie ony of his said darrest susteris houses; lyke as na deidis of hostilite, sic as slauchter, depredatioun of guidis, fyre rasing or taking of prisonairis, nor yit the actuall taking or his intentioun to tak the said castell is relevantlie qualifeit aganis him in the said demand, bot that he allanerlie simpillie recoverit Williame Armestrang of Kynmonth, ane subject of Scotland, furth of that parte of the castell of Carlile quhair maist injustlie he wes detenit for the tyme, as maist wranguslie he had bene tane ofbefoir within the realme of Scotland be Thomas [...], deputie to the Lord Scrope, wardane of England, accumpanyed with a force of sax hundreth armeit men within the tyme of ane generall assuirance, takin at a day of trew, to the quhilk the said Williame had repairit at the speciall command of the said Schir Walter, in quhais name as keipar of Liddisdale the said day of trew wes keipit. Be the quhilk breking of the assuirance, the said Schir Walter ressavit ane oppin and manifest injurie, to the dishonnour of his majestie, his soverane and of the realme of Scotland; quhilk dishonnour and wrang can not justlie be excuseit be pretens of the said Williames stopping of the following of ane lauchfull tred, seing the said forme of following wes nawayes lauchfull; and albeit it had bene lauchfull, yit the stopparis thairof could not lauchfullie have bene takin be the said Inglishe deputie at his awne hand within the realme of Scotland, quhairby it is evident that the onlie wrang quhilk wes in all this mater wes committit be the said Lord Scrope and his deputie be invading the realme of Scotland in weirlyke maner and taking of prisonaris within the same in tyme of peace and undir assuirance of a day of trew as said is, in quhilk the said wardens continewit be his wrangous detening of the said prisonair and refusall of redres eftir lauchfull requisitioun maid to him for that effect be lettres sent to him be the said Schir Walter, and als be the said ambassadour at his majesteis requeist, eftir that the said Schir Walter, upoun the said wardane of England, his denyale of justice, had maid baith sute to the said ambassadour and als his humble complaint to his majestie. Quhilk wrang and denyale of justice movit the said Schir Walter to attempt the simple recoverie of the said prisonair in sic moderat ane fassioun as wes possible to him, being onlie accumpanyed with fourescoir horsemen and undir silence of nicht, without ony uther deid of hostilitie done be him for the tyme; quhilk simple recoverie of the said prisoner mon necessairlie be estemit lauchfull, giff the taking and deteining of him wes unlauchfull, as without all questioun it wes and mon be swa estemit be all ressounable and indifferent personis. For the quhilkis ressonis, the said ambassadouris demand to fyle and delyver the said Schir Walter to suffir panes for the said fact is altogidder unressounable and wald tend gritlie to the dishonnour of his majestie and his haill realme. Quhilkis ressonis being at lenth hard and considderit be his majestie, his nobilitie and esteatis foirsaidis, it wes thocht maist meit and convenient be thame that conforme to the ancient treaties of peace and custum observit betuix the realmes, this mater of mutuall allegianceis of notour injureis done betuix the officiaris of the twa realmes aucht and sould be intreatit be commissionaris, quhilk his majestie is maist willing and promittis for his hienes parte with all possible diligence to send to meit upoun the bordour for tryale of the saidis allegeit wrangis and making of redres for all extraordinair wrangis quhilkis salbe tryit tobe done be his majesties subjectis at sic tyme and place as salbe condiscendit upoun, the said ambassadour being reddy to caus the lyke be done for the parte of England. Unto the quhilk commissionaris his majestie sall giff expres command to caus mak full satisfactioun and redres conforme to the ancient treaties of peace, to the effect that now in sa necessair ane tyme, quhen the haill ile is minassit be the commoun inemey, thair be na just occasioun for his majesteis parte of breking of the happy amitie quhilk salang hes continewit betuix the tua realmes.
- NAS, PC1/16, 453-454.