[1579/10/60]*[print] [email] [cite] [preceding] [following]
In presence of our sovereign lord the king's majesty and three estates of this present parliament compeared personally James [Douglas], earl of Morton, lord of Dalkeith, for himself and Archibald [Douglas], earl of Angus, lord Douglas and Abernethy, John [Erskine], earl of Mar, lord Erskine, Hugh [Montgomery], earl of Eglinton, lord Montgomery, William [Ruthven], lord Ruthven, treasurer, Robert [Boyd], lord Boyd, Alan [Cathcart], lord Cathcart, and presented a commission made and given to them and certain others nominated therein by his majesty, with advice of the lords of his secret council, with a declaration, exoneration and discharge made also by his highness, with advice of the said lords, to the said lord commissioners and contained in the books of secret council, enquiring humbly the same declaration, exoneration and discharge to be ratified, approved and confirmed in parliament and the authority of his highness and three estates to be interposed thereto, of the which commission, declaration, exoneration and discharge the tenor follows:
At the castle of Stirling on 22 May 1579, the which day, in presence of the king's majesty and lords of secret council, compeared personally his right trusty cousins and counsellors James, earl of Morton, lord of Dalkeith, Archibald, earl of Angus, lord Douglas and Abernethy, John, earl of Mar, lord Erskine, William, lord Ruthven, treasurer, and Alan, lord Cathcart, and produced a commission given to them and others nominated therein by his majesty, with advice of the lords of the privy council, whereof the tenor follows: James, by the grace of God, king of Scots, to all and sundry our lieges and subjects whom it concerns, whose knowledge these our letters shall come to, greeting. Forasmuch as after the most treasonable and cruel murders of our late dearest grandfather, Matthew [Stewart], earl of Lennox, lord Darnley, and of our late dearest uncle, James [Stewart], earl of Moray, lord Abernethy, both regents to us, our realm and lieges for the time, committed by John Hamilton, sometime commendator of Arbroath, and Claud Hamilton, sometime commendator of Paisley, with their accomplices, following the bloody trade which they and their forebears of the same name had used of before in murdering and procuring the distraction of our dearest grandfather and father of worthy memory, the same race after so many and mischievous murders having raised and maintained a dangerous civil war against us and our authority in our young age, wherein many of our dearest kin and faithful subjects were slain and cut away, at last in February 1572 [1573], a certain pacification was made at our burgh of Perth and thereby the persons that entered in the said civil war and rebellion against us remitted and discharged for all crimes, transgressions and offences committed by them in the said common cause, or anything depending thereupon, saving in so far as the said remission and discharge might extend to the murders of our said dearest grandfather and uncle, the earls of Lennox and Moray, our regents, which were thought matters of such weight and importance as our right trusty cousin James, earl of Morton, lord of Dalkeith, our regent at that time of the making of the said pacification, could not sufficiently of himself remit; yet, in respect of the necessity of the same pacification, it was accorded that the matter of remission of the said murders, being moved by the persons craving the same remission to [Elizabeth I], our dearest sister and cousin, the queen of England, being princess in the world nearest to us both by blood and habitation, whatever she should advise and counsel touching the remission of the said murders, our said cousin, the Earl of Morton, our regent for the time, with advice of our parliament, for the good of us and the universal quietness of our realm, should perform, observe and fulfil; and according thereto, our said dearest sister, being moved, declared her advice that the inquisitions, searches and revenges, by justice or otherwise, of the said two murders should be suspended, deferred and put over to such time as we should be of that age as by the laws and customs of our realm we should take the government to ourself, to whom she meant not at that time that her said advice should be any prejudice, but that we might in this case do then as should seem expedient. And we, having now by the space of a year past, with advice and consent of our three estates, agreeable with the laws and custom of our realm, taken the government of the same to ourself and our acceptance thereof ratified and approved by parliament, considering our duty ought to God in revenging by justice of the said cruel murders, and that the said pacification and advice of our said dearest sister, the queen of England, nor any promise contained therein, in any way impedes the punishment of the said murders against the persons culpable thereof; and that by our laws and acts of parliament it is expressly statute and ordained that if any person does treason against our person or majesty, or rise in fear of war against us, or reset any that has committed treason or supply them in help, advice or counsel, or fortify the house of those that are convicted of treason and hold them against us, or that fortifies houses of their own in furthering of our rebels, or that assails castles or places where our person is or shall happen to be, without the consent of our three estates, shall be punished as traitors, and that persons slandered or suspected of treason shall be taken and remain in custody and their goods under secure surety until the time that they have undergone an assize, whether they be liberated or guilty. And understanding the said John, sometime commendator of Arbroath, and Claud, sometime commendator of Paisley, to be chiefly culpable of the said most treasonable and cruel murders, having neither respected remission nor any other grace, favour or privilege of the said pacification for that, but standing in case to be pursued and punished for the same as to us should seem convenient, now we, having taken the government of our realm to ourself, finding them moved by their guilty consciences for fear of pursuit by order of justice to absent themselves, and that they and James [Hamilton], earl of Arran, their elder brother, being charged to have rendered and delivered the castles and houses of Hamilton and Draffan, have despicably and treasonably disobeyed our charge and fortified and maintained the said houses with diverse persons culpable of the said murders and others; which having thereby committed and done treason against our person, majesty and estate, are risen in fear of war against us, have reset the committers of treason and the murderers of our said dearest friends and regents, and supplied them in help, advice and counsel and fortified the said houses, withholding the same against our authority in furthering of our rebels and traitors, and so are not only suspected and slandered of treason, but in manifest action declare themselves culpable thereof; through which we had, and have, just and necessary occasion according to our laws and acts of parliament to command their persons to be taken and remain in custody and their goods to be put under surety and arrestment until they have undergone an assize, whether they be culpable or innocent of the said treasonable murders; and in consideration that the said persons culpable of the said cruel murders and certain others, their partakers and followers, have withdrawn themselves within the said castles of Hamilton and Draffan, and that they and the said James, earl of Arran, John and Claud Hamilton, being charged to deliver the same to us under the pain of treason, have treasonably disobeyed the charge and thereupon incurred the said pain added to their former most wicked and treasonable deeds, we, with advice of the lords of our privy council, respecting the danger of this great contempt and disobedience and the peril that it may import to our honour, estate and authority if it shall be further passed over, calling to mind the sundry civil wars and rebellions raised against us and maintained against us and our authority in our minority, and against our most noble progenitors, by means of the holding of the said castles against us, and the authority of this our realm in time past, and having good proof of the wisdom, fidelity, experience and circumspection of our right trusty cousins and counsellors, James, earl of Morton, lord of Dalkeith, Archibald, earl of Angus, lord Douglas and Abernethy, John, earl of Mar, lord Erskine, Hugh, earl of Eglinton, lord Montgomery, William, lord Ruthven, our treasurer, Robert, lord Boyd and Alan, lord Cathcart, have therefore, with advice of the lords of our secret council, made, constituted and ordained and, by the tenor hereof, make, constitute and ordain them and every one of them, jointly and separately, our lieutenants and justices in that part to the effect underwritten, giving, granting and committing to them, and every one of them, our full power, special command, express bidding and charge to convene our lieges in warlike manner and to pass, search and seek the said John and Claud Hamilton and all other persons suspected and slandered as art and part and culpable of the said treasonable murders of our said grandfather and uncle, our regents, either being within the said houses and castles of Hamilton and Draffan or other places whatsoever within our realm and, being apprehended, to put and hold them in firmance and administer justice upon them conforming to the laws of realm; and to that effect, justice court or courts at whatsoever part or parts of our realm where they shall think expedient as often as need be to set, begin, affirm, hold and continue, sects to make be called, absentees to fine, trespassers to punish, penalties, fines and escheats of the said courts to ask, lift and raise, and for the same, if need be, to poind and distrenzie, and to our use and commodity, by direction of our treasurer, to bring in; and in the same court or courts all persons suspected and accused as culpable, art and part of the said murders, to call and by dittay to accuse and put to the knowledge of an assize therefore, and, as they be found culpable or innocent, to administer justice upon them conforming to the laws of our realm, and the assize, one or more hereto, of the best and worthiest persons that can be apprehended and that best knows the verity, each person under the pain of £40, to summon, warn, choose and cause be sworn deputes under them, with clerks, serjeants, dempsters and all other officers and members of court needful to make, create, substitute and ordain, for the which they shall be held to answer. And in case the said persons slandered or suspected of the said treasonable murders, or any their assisters and partakers, make resistance, fortifies and h[...] the said castles of Hamilton and Draffan or other houses and strengths against us and [...] authority, after charge given to render them, to besiege the same castles, houses and strengths by our artillery and ordinance, raise fire and use all other kind of force and warlike engine for winning and recovery of the same and apprehension of the said persons suspected of the said treasonable murders or their assisters being therein; and in case they or any of them happens to be hurt, slain or mutilated or any burning, harrying and distraction of houses and goods to be made and done in the execution of this our commission, we will and grant and, by these our letters, for us and our successors, declare and ordain that the same shall be always esteemed as worthy and lovable service done to us and our authority, and that our said lieutenants and justices, nor none of our faithful subjects assisting and concurring with them in execution of the same commission, shall incur any pain, crime, peril nor danger thereby in their persons, lands or goods, nor shall be called nor accused for the same criminally nor civilly by any manner of way in time coming, exonerating and discharging them simply of the same and of all action, civil or criminal, that may be raised or pursued against them therefore in time coming for now and ever. Wherefore we straightly command and charge you, all and sundry our lieges and subjects aforesaid, that you and each one of you readily answer, raise and obey our said lieutenants and justices, jointly and separately, and their deputes and officers in execution of this our commission, under all highest pain, charge, injury and offence that you and each one of you may commit and involve our majesty in that part. Given under our signet and subscribed with our hand at our castle of Stirling on 1 May 1579, of our reign the twelfth year. And after the production of the said commission in manner aforesaid, the said lords commissioners declared the form and manner of their service and proceeding by virtue thereof, which, being heard and considered, the king's majesty, with advice of the lords of secret council, finds and declares that the said lords commissioners and others, his good and trusty subjects assisting them in the execution of the said commission, have done good, true and thankful service to his majesty, tending to the setting forth of his highness's authority, his majesty's honour and quietness of his realm, and so have worthily, duly and sufficiently executed the said commission in all points, according to the tenor thereof, and therefore exonerates and discharges them and every one of them of the same and of all action, criminal and civil, which may be moved or raised against them or any of them for execution of the same commission for ever by this act, and ordains this present declaration, exoneration and discharge, if need be, to be ratified and approved by parliament. Which declaration, exoneration and discharge above-specified, and all and sundry points, passes, clauses, articles and conditions thereof above-written contained therein, our sovereign lord, with advice and consent of his said three estates in parliament, has ratified, approved, confirmed and allowed and by this present act ratifies, approves, confirms and allows and has interposed and interposes their authority thereto, and declares that the said lord commissioners and others, his highness's good and trusty subjects assisting them, have done their duty worthily, duly and sufficiently, in execution of the commission above-specified, and that they and every one of them shall use and enjoy all privileges contained in the declaration, exoneration and discharge above-specified, after the form and tenor thereof.