[1579/10/77]*[print] [email] [cite] [preceding] [following]
Anent the supplicationis presentit to the kingis majestie and thrie estaitis in this present parliament be James, erle of Mortoun, lord of Dalkeyth, admirall of this realme, and Johnne, erle of Mar, lord Erskyne, Annabell, countesse of Mar, his mothir, and his kynnismen and freindis laitlie attending on his hienes service within his castell of Striveling, of the quhilkis the tennoure followis:
The Erle of Mortounis supplicatioun
Soverane lord, unto your majestie maist humily meanis and schawis I, your servitour, James, erle of Mortoun, lord of Dalkeyth, admirall of your realme, that quhair I traist it be not unknawin that I have at all tymes bipast, efter my habilitie and power, servit your hienes and your predicessouris and in your said service have spendit a greit pairt of my aige, not onlie in that service quhilk to your uther liegis upoun thair dewitie is commoun, bot in speciall attendence and charge in the mantenance and defence of your hienes authoritie oppugnit to thame quha in your hienes infancie rebellit aganis the same; for the furthsetting quhairof, it is weill knawin that I did naither feir the hazaird of my lyff nor spair my substance nor the blude of my freindis. I wes alsua, in the maist difficill tyme, enforcit to tak upoun me the governament and charge of your realme and that be the advise of your nobilitie and estaitis in parliament the samyne, in that your hienes tender aige, being in the middis of the troublis destitutit of a governour, quhilk charge, for your majesties weill and gude of your realme, I then acceptit and travellit thairin, till it lykit your hienes to ressave the regiment in your awin hand; quhairof, as I wes glaid to be disburdynnit, sa estemit I my service and travell weill bestowit, for that all thingis done in the tyme that I buir chairge wer efter triell first of the haill nobilitie assemblit in generall counsale and then be the estaitis of parliament found and declarit to have bene done for your hienes honnour and securitie, the weill of your realme and subjectis, quhairthrow I had, and hes, just occasioun be your graces favour to esteme my service past weill considerit and recompansit. Senfyne, I have continewit in your graces service as it pleisit your hienes to command me, and thairin I tak God to record that I have behavit my selff convenientlie in all thingis quhairin my jugement mycht be proffitable to your grace and your realme, undirstanding alsua that during the said space my service and gude affectioun hes bene weill lykit of be your grace. Nevirtheles, sum malicious and seditious personis lauboring, gif it wer possible, to alienat from me your graces favour and to breid seditioun and trouble within your realme now in your hienes tendir aige, and your cuntrie being even of lait at sum repose fra the former trouble, have socht mony occasionis to disturb the present quietnes, and amangis uther wicked inventionis have foirgit and fenyeit ane slanderous report and infamous brute aganis me that I wes art and pairt of the poysoun brutit to be laitlie gevin to umquhile Johnne, erle of Atholl, lord of Balvany, your hienes chancellair, quhairof it is allegit he departit this lyff. The cheif authouris of that brute ar not knawin unto me be ony certantie, and yit not onlie is thair a slanderous brute, bot seditious rymes and infamous libellis oppinlie publishit, howbeit I dout not bot God, quha is the authour of all trewth, my awin conscience and all honorable personis will beir witnes that I am innocent of all art and part of ony sic abhominable deidis and factis as quhairof I am maist unjustlie slanderit. Bot yit seing the said slanderous, seditious and fals brute altogither ceisse not in sic as malignn aganis the treuth, I can not now, quhen your majestie hes your nobilitie and estaitis of parliament convenit in sa full nowmer, abstene fra my complaint, the said slander tending not onlie to the hurt of my honnour and fame gif the same may be woundit be sic fals inventionis and manifest leis, bot to the greit slander of your hienes realme aither gif your counsellouris and nobilitie being brutit with sa schamefull a deid sall not be tryit and punishit according to thair deserving, or gif they be innocent to sustene sic fals reportis to be maid of thame within and without the realme, to the manifest reproche of the haill estate and natioun, and to the prejudice of the personis sua bruitit. Quhairfoir I beseik your majestie, with gude advise of your estaitis present, to have respect to my earnest affectioun to your hienes service, quhilk God willing sall continew to my lyvis end, and to consider how hevy a burding it is to ane honorable persone to sustene sic a calumpnie. And als seing the kyn and freindis of the said umquhile Johnne, erle of Atholl hes apperit at this present parliament, that sic ordour may be takin as appertenis tuecheing the triell of the raisaris of the foirsaidis slanderous brutis and that thair said fals report may be punishit as accordis, to the effect that all nationis may knaw and undirstand that naither sall sic abhominable offences remane unpunishit within your realme gif they can be tryit, nor sall sic fals reportaris have libertie of speitche to the hurt of quhatsumevir honorable personis, being innocent as said is, without condignn punisment. And your gracious answer maist huymly I beseik.
The Erle of Marris bill
Soverane lord, unto your majestie and your estaitis convenit in this present parliament huymly meanis and schawis your faythfull servitour Johnne, erle of Mar, lord Erskyne, Annabell, countesse of Mar, my mother, and my kynnismen and freindis laitlie attending on your hienes service within your castell of Striveling, that quhair it is not unknawin to your hienes how umquhile Johnne, erle of Mar, sumtyme regent, and we have trewlie servit your hienes from the houre of your byrth unto this tyme, and hes bestowit oure haill ingynis, cair and travellis in your hienes nutriture and attendence upoun youre persone in your young aige in hoip of the confort that now alsweill we as the remanent of your faythfull subjectis fyndis of your majestie, being of Goddis grace and favour now cum to this estate and aige. Nevirtheles, as is alsua weill knawin to your hienes and lordis, we have bene hevelie slanderit, calumpniat and misreportit of unto your hienes self as the authoris and instrumentis of the poysonyng of the last Erle of Atholl, now resting with God, for quhilk as we worthely deserve maist seveir punisment gif we wer giltie, sa being innocent, as God knawis we ar, we sustene a hevy slander saikles; and thair is greit injurie done unto your hienes self to put yow in suspitioun and wrang consait of thame that hes evir faythfullie servit your progenitouris and your self as we and oure foirbearis hes done, quhairthrow we ar constranit now, as of befoir, at Striveling, to beseik your majestie and for Goddis saik and for a recompance of oure lang and diligent service done unto your hienes, into quhilk, God willing, we sall continew to oure lyves end, to considder how hevy a burding it is to personis of honnour and lang continewit creditiit to sustene sic a calumpnie. And als seing the kyn and freindis of the said umquhile Erle of Athole hes apperit in this present parliament, that sic ordour may be tane thairanent as appertenis tueicheing the triell of the raisaris of the foirsaidis slanderous bruitis and that thair said untrew reportis may be punishit as accordis, to the effect that all nationis and youre hienes awin subjectis may knaw and undirstand that naither sic abhominable offenses remane unpunishit within your realme gif they may be tryit, nor sall sic untrew reportaris have sic libertie of speitche to the hurt of quhatsumevir honorable personis, your awin faythfull servandis, being innocent as said is, without condignn punishment. And your gracious answer maist humily we beseik.
Quhilkis supplicationis being red and considerit be his hienes and his saidis estaitis, the effect thairof wes communicatit and declarit be his hienes commandiment and directioun to Johnne, now erle of Atholl, lord of Balvany, and Margret, countesse of Atholl, his moder, quha comperand personalie in presence of his hienes and his saidis estaitis, the said Countesse of Atholl presentit likewise a supplicatioun, quhairof the tennour followis:
It will pleas your majestie of youre gudenes and clemencye to heir my caus and do my sone and me justice in this that efter followis, quhilk is, your hienes will call to your rememberance how your majesties maist humble, faythfull and trew servitour, my lord and gude husband, wes suddantlie cuttit af, to the greit hurt of your hienes suretie and service and commounn weill of your realme, me and my bairnis, be quhat meanis I doubt not your majestie rememberis to have hard declarit befoir yow and your counsale be the depositionis of the doctouris and chyrurgianis being convenit in Striveling, the [...] day of Junii last bipast, at youre hienes command; as I alsua for my entres, quhair I offerit to your majestie befoir your counsall to declair further of my said lord and husbandis conscience, and ane pairt of that quhilk he spak to me, oppinlie or privatlie, as sould best pleis your hienes, quhairof as yit I have not bene requirit. And now seing the tyme convenient to lett your majestie and counsale undirstand the same, I have tane the hardyment to gif in this bill, quhilk upoun my trew fayth to God and your hienes, and that I nevir be ane of thais that Christ sufferit for gif I sall say utherwayis nor the self wordis my lord and husband spak to me, saying in thir termes: 'Allace, wyf, I have gottin wrang done to me'. 'My lord', said I, 'credite not that: God wald not suffer sa sould be seing ye have not deservit sic punishment at his hand nor at mannis. And gif sua wer, tak ane gude hert and put your confidence in him; he is ane michtfull God, quha will releif yow of it and send yow your helth as he did the Erle of Murray, quha wes brutit to have gottin the like wrang in France. Bot I can not beleif ony thais leving wald do that deid to yow'. 'Weill', sayis he, 'ye will not lett me say the treuth. Bot quhen God callis upon me to his mercie, ye and your bairnis will fynd it to be ower trew'. Sayis I, 'Gif sic thing be, quhair think ye wrang wes done to yow'. 'In the castell of Striveling', sayis he, 'being at my denner, quhair immediatlie thairefter I felt my self evill at eas. And befoir I came out of the castell I schew the Lady Tullybardyne my disease and that I suspectit thair wes wrang done to me'. 'Quhilk', sayis he, 'I wait she will not deny, for I esteme hir to be trew and honnest. And upoun the morne efter I gat the wrang done to me, being at my supper in my lord of Ergylis house, I said in Yrishie to him, putting my hand to my breist, the wrang I have gottin is in this pairt'. He said oft anewch to your majesties minister, Johnne Duncansoun, and to ane uther minister callit Maister Johnne Hammyll and to George Boswell, chyrurgiane, that he had gottin wrang done to him, bidding God rewaird the doaris as they can testifie. Bot, schir, to say quha wes the gevaris of it, I can not weill declair at this present, bot hoipis in the Lord that be his grace and your hienes help the same sall cum to licht and trew triall; beseikand maist huynly your majestie in the meantyme not to foryet the cutting away of your awin blude, bot to keip the same in memorie and to hald hand to the triell of the same and punishment thairof conforme to thair dimeritis, committaris of the cryme, and to than that it may pleis your majestie, my sone, I and oure friendis suffer na wrang. As alsua your hienes not to be haisty in according to ony act of parliament for punishment of thais that murmuris and lamentis the caisse, for that wicked deid wilbe spokin of to the wardlis end in speciall be thais that fyndis thame selffis interessit thairby. It will pleis your hienes to leif my sone and me heir to protest befoir your hienes and your counsale that na thing done in this parliament that may caus the smoiring doun of my lord, my husbandis murthour, or utherwyse proceidit aganis us in that actioun be prejudiciall to the caus or impediment to my sone, me and oure friendis to follow furth the triall and punishment thairof, bot that we may have place to the same as tyme sall serve. This we maist huimly crave of your majestie and that we may have act of parliament heirupoun.
And the said supplicatioun presentit be the said Countesse of Atholl being likewise hard and considerit, the kingis majestie and his thrie estaitis fyndis and declaris the desyris, alsweill of the said Erle of Mortoun, the Erle and Countesse of Mar, his mothir, and his kynnismen and freindis foirsaidis, and alsua of the said Countesse of Atholl in thair saidis supplicationis respective, to be honorable and ressounable, that is to say, the saidis Erlis of Mortoun and Mar, the Countesse of Mar, his moder, and his kynnismen and freindis in seiking the triell of the raisaris of the foirsaidis slanderous bruitis, and in offering thame selffis now, as of befoir, to be tryit as they offer thame selffis alwayis to be rady to undirly the same triall quhen evir ony sall directlie accuse thame. And the said Countesse of Atholl, seing she can not declair at this present as she affermis quha wes the doaris of the wrang to hir husband in hir protestatioun, that na thing done in this present parliament be prejudiciall to the caus or impediment to hir sone, hir and thair freindis to follow furth the triell and punishment thairof, bot that they may have place to the same as tyme sall serve alwayis, oure said soverane lord, with avise of his saidis estaitis, statutis and ordanis that nane of his hienes subjectis presume or tak upoun hand to slander, bakbyte, reproche or calumpniat the saidis Erlis of Mortoun, Mar, the said Countesse of Mar and his kynnismen and freindis abonewrittin as art and pairt of the allegit poysoning of the said umquhile Erle of Atholl, without it be in direct accusatioun and persute be ordour of justice according to the lawis quhilk they have offerit and still offeris thame selffis rady to undirly quhenevir they salbe lauchfullie accusit; certefeing all personis that dois in the contrair they salbe estemit and persewit as learis and tellaris of lesingis to engender discord betuix his hienes and his nobilitie conforme to the actis of parliament maid thairanent and according to the panes contenit thairin; and that lettres be directit for publicatioun heirof in dew forme as effeiris.