Judicial proceeding: summons of treason; asking of instruments

[1581/10/14]*[print] [email] [cite] [preceding] [following]

The which day Master Robert Crichton of Eliock, advocate to our sovereign lord, showed and declared that the summons of treason duly executed and endorsed, pursued at the instance of our said sovereign lord and his highness's justice, against Archibald [Douglas], earl of Angus, Master Archibald Douglas, parson of Glasgow, Archibald Douglas of Pittendreich, James Douglas, sometime prior of Pluscarden, natural sons to the late James [Douglas], sometime earl of Morton, and certain others, their colleagues, contained in the said summons for certain crimes of treason specified therein, being called in presence of the lords commissioners specially deputed by our sovereign lord's commission on 25 October 1581, at the which day the said advocate produced the officers and witnesses, executors of the said summons of treason, for verification of the executions and endorsements thereof, who verified the same sufficiently, as the acts made thereupon purport; and that thereafter, on 30 October 1581, the lords of articles being chosen in presence of the king's majesty, and that after the choosing of them he compeared in their presence, before whom he repeated the proceedings done of before in presence of the lords commissioners, and desired further process upon the said summons; and thereafter the whole persons contained therein, being of new called in presence of the said lords of articles, and the said summons being sundry times read, both in Scots and Latin, desired the said lords to find and declare if the reasons of the said summons were relevant or not, who found the whole reasons contained therein relevant, except the fourth reason thereof, from the which the said advocate passed; and thereafter the said advocate produced our sovereign lord's letters duly executed and endorsed, whereby the aforesaid whole persons contained in the said summons were duly relaxed from the process of horning led upon them for whatsoever cause or occasion preceding the date of the said summons, to the effect that they and every one of them might compear and defend in the said cause; and thereafter likewise the said advocate, for verifying of the first reason of the said summons, which is only pursued against the said Master Archibald Douglas only toward the murder of [Henry Stewart, lord Darnley], our sovereign lord's late dearest father, repeated the notoriety of the deed, with the notoriety of the said Master Archibald's fleeing to England immediately after he was dilated of the said crime by James [Stewart], now earl of Arran, lord Aven and Hamilton; and likewise produced the depositions of the late John Binning, servant to the said Master Archibald, and also repeated the notoriety of his confession the time of his accusation and also upon the scaffold the time of his execution, and likewise produced the conviction pronounced against the said the late John Binning for the same crime, letters whereby the said Master Archibald was denounced to the horn for non-compearance before the king's majesty and council to answer regarding enquiries after his accusation, with the deposition of Robert Redpath, and repeated the notoriety of the said John Binning's execution with the act of parliament made by King James I, chapter 85, and that for proving of the first reason of the said summons; and likewise produced for proving of the second reason of the said summons, toward the said Master Archibald's passing to England and treating to dissolve the peace between the realms, produced the depositions of Alexander Lawson, George Home of Wedderburn, Robert Redpath, his servant, George Auchinleck of Balmanno, with a writing sent by the said Master Archibald Douglas to Master David MacGill [of Nisbet and Nether Rankeilour], advocate, bearing 'to flee if I am not able, I will provoke the aforementioned devils'; and also repeated the act of parliament of King James I, chapter 142, with the notoriety of the deed, and that for proving of the said second reason of the said summons; and likewise for proving of the third reason of the said summons toward the bringing in of English forces, which is laid to the charge of the said Archibald, earl of Angus, Master Archibald Douglas and whole remainder of their colleagues which are not passed from, produced the depositions of William Douglas of Whittingehame, the said laird of Wedderburn, George Home, younger, of Spott, Alexander Lawson and George Auchinleck, with the declaration of Master Randall to the king and council, and repeated the notoriety of the deed, with the acts of parliament of King James I and King James II; and likewise for proving of the fifth reason of the said summons toward the convocation at Braids Crags for relieving of the said late Earl of Morton by force out of ward, repeated the notoriety of the deed, with the depositions of the said lairds of Whittingehame, Wedderburn, Spott, George Douglas, officer of Preston, the said declaration of Master Randall and acts of parliament aforesaid; and likewise for proving of the sixth head toward the said Earl of Angus's disobedience for not entering in ward beyond Spey, being charged thereto under the pain of treason, produced our sovereign lord's letters where he passed to the horn for non-compearance before the justice upon the said crime, as the charge, duly executed and endorsed, bears, and repeated the notoriety of the deed; and also for proving of the seventh reason toward the holding and keeping of the castles of Tantallon and Douglas, after the charges which are only laid to the said Earl of Angus's charge, produced our sovereign lord's letters where the said earl passed to the horn for non-compearance before the said justice upon the said crime, with the charges duly executed and endorsed, and repeated the notoriety of the deed; and in like manner, for proving of the eighth and last reason of the said summons toward the holding of the castle of Torthorwald, which is laid to the charge of George Douglas of Parkhead and James Douglas, his eldest son, only, produced the said charges duly executed and endorsed and repeated the notoriety of the deed, whereupon the said advocate asked instruments; and likewise the said advocate asked instruments that he passed from the fourth reason contained in the said summons touching the putting of violent hands in our sovereign lord's most noble person and his nobility for the place and time.

1. NAS, PA2/12, ff.56v-57v. Back
2. NAS, PA2/12, f.57v. Back
3. NAS, PA2/12, ff.57v-61r. Back
4. Identity not yet ascertained. Back
5. Identity not yet ascertained. Back
6. Possibly Sir Robert Bowes, resident English ambassador at the Scottish court. Back
7. NAS, PA2/12, ff.62r-63r. Back
8. NAS, PA2/12, ff.63v-65v. Back
9. The Latin grammar of this clause confuses singular and plural. The intended sense, however, appears clear. Back

[1581/10/15]*[print] [email] [cite] [preceding] [following]

The said advocate likewise passed from the pursuit of George Home of Spott, younger, John Carlisle of Bothauch and George Douglas, second son to the said George Douglas of Parkhead, for the place and time, and thereupon in like manner asked instruments.

1. NAS, PA2/12, ff.56v-57v. Back
2. NAS, PA2/12, f.57v. Back
3. NAS, PA2/12, ff.57v-61r. Back
4. Identity not yet ascertained. Back
5. Identity not yet ascertained. Back
6. Possibly Sir Robert Bowes, resident English ambassador at the Scottish court. Back
7. NAS, PA2/12, ff.62r-63r. Back
8. NAS, PA2/12, ff.63v-65v. Back
9. The Latin grammar of this clause confuses singular and plural. The intended sense, however, appears clear. Back

[1581/10/16]*[print] [email] [cite] [preceding] [following]

The which day Master Robert Crichton of Eliock, advocate to our sovereign lord, exhibited and produced, likewise he did diverse times of before, the summons of treason underwritten, raised and pursued at the instance of our sovereign lord and his highness's justice, against Archibald [Douglas], earl of Angus, lord Douglas, and Master Archibald Douglas, parson of Glasgow, John Carmichael of that Ilk, younger, Hugh Carmichael, his son and apparent heir, Malcolm Douglas of Mains, James Douglas, sometime prior of Pluscarden, Archibald Douglas of Pittendreich, his brother, sons natural to the late James [Douglas], sometime earl of Morton, Archibald Douglas, sometime constable of the castle of Edinburgh, Hector Douglas, called Red Eckie, George Douglas of Parkhead and James Douglas, his son and apparent heir, whereby they were summoned to have compeared before our said sovereign lord and his said justice on 25 October 1581 in his highness's parliament to have begun on 24 October 1581, in the hour of cause, with continuation of days, to have answered upon the crimes and points of treason and lese-majesty, and therefore to have heard them, and every one of them, decreed and declared to have incurred the said crimes for the cause underwritten contained in the said summons, of the which the tenor follows:

James, by the grace of God, king of Scots, greets our beloved lyon king of arms, Islay, Albany, Ross, Rothesay, Snowdon, Marchmont heralds, William Bryson, Archibald Douglas, John Ferguson, Robert Stewart, macers, Ormond, Bute, Unicorn and Carrick, pursuivants, John Brown, Thomas Scott, Stephen Alexander, Alexander Stobo, messengers, and whichever, jointly and severally, of our sheriffs in that part. We mandate and instruct you to summon lawfully and peremptorily before witnesses Master Archibald Douglas, formerly parson of Glasgow, Archibald, earl of Angus, John Carmichael, younger, of that Ilk, Hugh Carmichael, his son and apparent heir, Malcolm Douglas of Mains, James Douglas, sometime prior of Pluscarden, Archibald Douglas, sometime of Pittendreich, his brother, the natural sons of the late James, sometime earl of Morton, Archibald Douglas, sometime constable of our castle of Edinburgh, Hector Douglas, called Red Eckie, George Douglas of Parkhead and James Douglas, his son and apparent heir, as conspirators, perpetrators and concealers of the following crimes, respectively and in person if you are able conveniently to have their personal presence, otherwise at their dwelling places, and by public proclamation at the market crosses of our burghs of Edinburgh, Haddington, Lanark, Dumfries and other necessary places where they are or live, outwith our realm or having no fixed abode in the same, at the said town crosses and other necessary places on notice of 60 days, in such a way that a summons of this kind could reasonably reach their ears and notice, that they should appear before us or our justice on 25 October next in our parliament held at Edinburgh on the 24th of the foresaid month, at the time of beginning to deal with cases, with continuation of days, in order to answer to us or our justice in the foresaid parliament, respectively, regarding the following crimes. First, the said Master Archibald Hamilton for his acts of treachery, conspiracy, consultation, treating and deliberation over the unspeakable and detestable death, murder and parricide of our late dearest father Henry [Stewart], king of Scots, the late and lawful spouse at the time of our most noble mother Mary, then queen of Scots, and this in the months of January and February of the year of the Lord 1566, and for his help, favour and assistance, art and part, offered and exercised in the foresaid treachery, killing, murder and parricide; also for his treasonable concealment and obscuring of the foresaid most vile conspiracy and most horrible murder which followed, when the said Master Archibald, James, sometime earl of Morton, James [Hepburn], sometime earl of Bothwell, James Ormiston, sometime of that Ilk, Robert Ormiston, his uncle, John Hay of Tallo, younger, John Hepburn, called John of Bolton, and John Binning, servant of the said Master Archibald, with various accomplices, in our palace of Holyroodhouse, at the place of Whittingehame, and at other places lying around these frequently met, began their plot, and worked out by what means, by trickery, evil and ingenuity the foresaid might kill and strangle our most dear father. And eventually on the 10th of the said month of February, around the second hour after midnight, the said Master Archibald with the said John Binning, his servant, went to the house of our said late dearest father, in the said burgh of Edinburgh, close to Kirk o' Fields, and there joined his accomplices and, as had already been agreed among them, most shamelessly, most cruelly and most treacherously, in a prearranged felony, slew and strangled our said dearest father, along with William Taylor and Andrew MacKaig, his chamberlains, while they were fast asleep. They most boldly set fire to the said house and with a charge of gunpowder most maliciously and in a most treacherous way blew it up, hence most clearly committing crimes of lese-majesty, just as all the other persons named above, associates of the said Master Archibald in his foresaid treasonable crimes, stand convicted of them, and for the most part were able to be apprehended and suffered the due and customary death of traitors. In verification of the foresaid, as soon as the said Master Archibald learned that he had been denounced regarding the foresaid crimes in the presence of ourselves and the lords of our privy council, by our beloved kinsman and councillor James [Hamilton], now earl of Arran, which was on 31 December last, he slipped away and immediately escaped, and with whatever diligence he could, fled to parts of England and still stays there, thereby drawing the same charges upon himself. In further verification of the foregoing, the said John Binning, servant of the said Master Archibald, who on 3 June this year was put to death for the foresaid crimes, confessed openly every single thing specified above, in effect not only before his judicial accusation but also on the very scaffold at the time of his execution. And therefore the said Master Archibald, for his treason, and for hearing himself to have incurred the crime of lese-majesty in respect of the foregoing, decreed and discerned by the three estates of our realm. Secondly, the said Master Archibald for his treason in entering parts of England around 6 January last, and for his treasonable remaining and residing there continuously from the said day contrary to our will, in the meantime by communicating, treating and consulting with various chiefs, councillors and officials of England, chiefly with the lords of Hunnisdell,† [Henry] Scrope, Randall† and Bowes,† by which means, by which art and machination he might dissolve and break up the peace between ourselves and our dearest sister [Elizabeth I], queen of England, thereby clearly committing the crime of treason by our laws, and thus, by us and by the decree of the three estates of our realm, it is decreed and declared that the said Archibald should be seen and heard, and in respect of the foresaid, to have incurred the charge of lese-majesty. Thirdly the said Archibald Douglas, Archibald, earl of Angus, John Carmichael, younger, of that Ilk, Hugh Carmichael, his son and apparent heir, Malcolm Douglas of Mains, James Douglas, sometime prior of Pluscarden, Archibald Douglas, sometime of Pittendreich, his brother, Archibald Douglas, sometime constable of our castle of Edinburgh, Hector Douglas, called Red Eckie, George Douglas of Parkhead and James Douglas, his son, and any of them, for their acts of treason, treating, negotiation and consultation through themselves, and others in their name, from their causation, instruction, assistance and advice, with the lords of Houndsell, Scrope, Randall and Bowes, with English officials and with various other nobles and officials of England, and this every day as opportunity demonstrated itself, from 1 January last, (when the said Earl of Morton had been committed to our custody and prison for his treason, art and part, for the murder of our said late dearest father), in the meantime continually working from 1 January to break and dissolve the peace and concord between us and our dearest sister the queen of England which has been observed inviolate for a long time, which they came close to putting into effect. For immediately after the commission of the said earl to prison as aforesaid, the forenamed conspirators, by their means, art, action and machination attracted and persuaded diverse troops of English soldiers and mercenaries, cavalry and infantry to the number of 10,000 men outstandingly well armed, to the borders and limits of our kingdom, when the said soldiers stayed, over the space of two months or thereabouts, threatening war in the meantime to our good lieges and borderers, when no opportunity for war arose from our side, but at the persuasion of the said conspirators, with the intention that the said late Earl of Morton should regain his liberty, and to this end and outcomes the conspirators did whatever was in them to corrupt some of our loyal subjects to defect from our royal authority and take up arms against us and our kingdom. Further, that they joined up with the said English soldiers in order to free the said late earl as has been said and for no other cause. Further, for their treason, concealment and hiding of every single one of the foresaid crimes, accordingly it has been decreed and declared by ourselves and by decree of the three estates of our realm that the said conspirators, and any of them, should be called to be heard and seen, in respect of the forementioned, and that they have incurred a charge of lese-majesty. Fourthly, that the said Archibald, earl of Angus, John Carmichael, younger, of that Ilk, Hugh Campbell, his son and apparent heir, Malcolm Douglas of Mains, James Douglas, sometime of Pluscarden, Archibald Douglas, sometime of Pittendreich, his brother, Archibald Douglas, sometime constable of our castle of Edinburgh, Hector Douglas, called Red Eckie, George Douglas of Parkhead, his son James Douglas, and any of them, for their acts of treason, conspiracy, treating and consultation by themselves and through others in their name, from their cause, instruction, incitement, assistance and approval with a view to the taking, intercepting and laying of violent hands upon our royal person and the persons of our councillors and loyal officials and subjects, and to the disposing of them at their own will, this at various and diverse times in November, December and January just past in our palace of Holyroodhouse. And to this effect the said conspirators, not only after the imprisonment of the said late Earl of Morton, but also on many occasions before his imprisonment, for the foresaid purpose gathered, armed, hid, some in our burgh of Edinburgh, some in the Canongate, some in the suburbs of the said burgh, and all the rest in towns nearby, with their lookouts near our said palace. When it was sufficiently clear that we, our councillors, officials, other good subjects, and servants who were with us at the time, were in our said palace, the conspirators departed, entirely frustrated by fear of arrest, notwithstanding the fact that they frequently took steps towards the imminent act and the execution of the said conspiracy at the times and in the place mentioned above. For their treason, concealment and hiding of the same crimes accordingly it has been decreed and declared by ourselves and by the decree of the three estates of our realm that the said conspirators and whosoever of them should be called to be seen and heard and to have incurred, in the light of the foresaid, the charge of lese-majesty. Fifthly, the said people, namely Archibald, earl of Angus, John Carmichael, younger, of that Ilk, Hugh Carmichael, his son and apparent heir, Malcolm Douglas of Mains, James Douglas, sometime prior of Pluscarden, Archibald Douglas, his brother, Archibald Douglas, sometime constable of our castle of Edinburgh, Hector Douglas, called Red Eckie, George Douglas of Parkhead and James Douglas, his son and apparent heir, and any of them, for their acts of treason, conspiracy, consultation and resolve, by themselves and through others in their name, by their cause, instruction, assistance and approval, with a view to intercepting and by armed force abducting the said late James, earl of Morton, and this in January just past after the said late earl had been imprisoned in our castle of Edinburgh for the horrible parricide of our said dearest late father. Therefore the said persons, expecting an opportunity to commit the foresaid crime, as soon as they learned that the said late earl was to be moved from his said prison of Edinburgh to the castle of Dumbarton, to a man they armed themselves, and with their accomplices to the number of 200 men gathered by the Braid Hill, with the intention that, on the basis of the plot they had laid, as has been mentioned, they would, on the public road by which one goes from the said castle of Edinburgh to the said castle of Dumbarton, intercept the late earl, abduct him by armed force from the hands of our beloved kinsmen James [Cunningham], earl of Glencairn, George [Seton], lord Seton, Robert, feudal tenant of Orkney, Sir Thomas Kennedy of Bargany and Sir John Gordon of Lochinvar and various others of our faithful subjects assigned by us to conduct the said late earl, and having a special commission from us for this purpose. And for their treason, keeping secret and hiding the said conspiracy, consultation, and resolve, thereby manifestly committing the crime of lese-majesty, not only in the foresaid conspiracy but also in the concealment of the said conspiracy and in doing what they could to put the same conspiracy into effect, it is decreed and declared by us and by the decree of the three estates of our realm that the said conspirators and whosoever of them have incurred, to be seen and heard, the charge of lese-majesty. Sixthly, the said Archibald, earl of Angus for his treason, his remaining, and non-entrance of his person on this side, from the north of the River Spey, for the sake of residing there (during our will) as if in a place prescribed for his exile and provided for his security, notwithstanding the fact that by the force of another letter of ours addressed to John Brown, our messenger and sheriff specially constituted in this regard, the foresaid earl had been lawfully ordered on 18 March just past to bring his person to the said place and remain there, and this within six days after the instruction of the said messenger on pain of treason, just as is contained at greater length in our letter and its implementation. He, however, spurned and neglected our orders and has not presented his person in the said place, expressly against the content of our foresaid letter and execution thereof. Thereby he has most manifestly committed the crime of treason. As a result, it is declared and decreed by us and by the three estates of our realm that he has incurred a charge of lese-majesty. Seventhly, the said Archibald, earl of Angus, for his treachery, support, protection and occupation by him and by others in his name, for his cause, instruction, assistance and approval of the castles of Tantallon and Douglas against us and our royal authority, continuously from the following days respectively, namely of the said castle of Tantallon from 29 March last, and of the castle of Douglas from 30 March last, notwithstanding that, by the force of a letter of ours addressed to John Calder, Bute pursuivant, and to John Adam, messenger, our familiars and sheriffs established specially in this regard, the said earl had been lawfully instructed on the said days to hand back and hand over the said castles to the forenamed officials within 48 hours after the execution of the same letter under pain of treason, as is contained at greater length in the foresaid letter and its writ of execution. In contempt however of our orders and requests, the said earl refused to return and hand over the forenamed castles to our foresaid officials respectively the executors for the time being of our letter, and expressly against the content and execution of them, but rather, treasonably, held on to the same castles, by himself and by others in his name, by his cause, instruction, assistance and approval, as mentioned before, continuously from the said days respectively, to the extent that he still holds the same castles, in great contempt of our authority and in violation of the laws, thereby boldly and rashly committing the crime of lese-majesty. And thus it is decreed and declared by us and by the decree of the three estates of our realm that the said earl, in respect of the forementioned, has incurred the charge of lese-majesty, to be seen and heard. Eighthly, the said George Douglas of Parkhead and James Douglas, his son, for his acts of treason, support, protection and detention through himself and others in his name, by their causation, instruction, assistance and approval of the castle of Torthorwald against us and our royal authority continuously from 27 March last until 1 May following or thereby, notwithstanding that by the force of another letter of ours, addressed to Robert Maxwell, messenger specially appointed as official and sheriff in this regard, the foresaid George and Robert had been lawfully instructed on the said 27 March to hand back and hand over the said castle to our official charged with the execution of the foresaid letter. Furthermore they were instructed to remove themselves and their servants from it within six hours after the execution of the same letter under pain of treason, as is contained at greater length in the forementioned letter. Spurning our orders and requests, however, the foresaid persons refused to hand back and hand over the castle to our said official as executor for the time being of the said letter, or to remove themselves and their servants from it within the prescribed time, expressly against the contents and execution of the same letter. Rather, they held on to the same castle treasonably, through themselves and through others in their name, by their cause, orders, assistance and approval and mentioned, continuously from the foresaid 27 March until the foresaid 1 May following or thereabouts, until, in fear of an assault, they abandoned the castle, in great contempt of our authority and violation of the laws, thereby committing the crime of treason. Accordingly it is decided and declared by us and by the decree of the three estates of our realm that in respect of the foregoing they, or any of them, have incurred the crime of lese-majesty, for sight and hearing. Also for the forementioned and very many other rebellions, transgressions and treasonable crimes impiously and nefariously perpetrated by the foresaid persons against us, our realm and our royal authority, that they should present and show themselves on the said day in the said place, with continuation of days, in obedience to the law. Further, they should await and subject themselves to our justice and that of our parliament in this regard, following the laws of our realm. The said persons, conspirators, traitors and concealers of the preceding crimes respectively, and any of them, for hearing and seeing, on the basis of the foregoing, it is decided and decreed, by us and by the decree of the three estates of our realm, that they have incurred the charge of lese-majesty. For that reason, their goods, moveable and immoveable, lands and offices, and other things relating to them, are confiscated by us in perpetuity, and remain with us as property, and their persons undergo the penalty of treason and the ultimate punishment inflicted by the laws of our realm. Further, it is intimated to the foresaid conspirators and to whomsoever of them that they must answer these charges and obey the law, whether they have appeared on the said day and in the said place, with continuation of days, or not, either we or our justice shall proceed in regard to the foregoing, in line with justice. Further, you are to cite etc. to appear before us or our justice on the said day and in the said place with continuation of days to demonstrate loyal testimony in the foresaid case, under pain of the law. Also, you shall hand over the said letter, duly executed and endorsed, to their bearer. Also you who have had writs served on you in person are to be on the said day in the said place, in the presence of ourselves or our judge, bearing with you written proof of your summons, or witnesses themselves. We give authority to you, and to whomsoever of you, our sheriffs in this regard, jointly and severally. Given under testimony of our great seal, at Edinburgh on 30 June in the year of the Lord 1582, and in the fourteenth year of our reign.

Here follows the executions and endorsements of the aforesaid summons:

I, Alexander Stobo, messenger, sheriff in that part within named, specially constituted, passed at command of these our sovereign lord's letters to the market crosses of the burghs respectively after-specified the days respectively following, namely, on 5 July 1581 to the market cross of Lanark, on 6 July 1581 to the market cross of Dumfries, on 7 July 1581 to the market cross of Kirkcudbright, on 8 July 1581 to the market cross of Wigtown, on the 10 July 1581 to the market crosses of Ayr and Irvine, on 11 July 1581 to the market crosses of Dumbarton and Renfrew, on 12 July 1581 to the market cross of Glasgow and on 13 July 1581 to the market cross of Linlithgow; and at the said crosses respectively I lawfully summoned, warned and charged Master Archibald Douglas, sometime parson of Glasgow, Archibald, earl of Angus, John Carmichael of that Ilk, younger, Hugh Carmichael, his son and apparent heir, Malcolm Douglas of Mains, James Douglas, sometime prior of Pluscarden, Archibald Douglas, sometime of Pittendreich, his brother, Archibald Douglas, sometime constable of the castle of Edinburgh, Hector Douglas, called Red Eckie, George Douglas of Parkhead and James Douglas, his son, and that by open proclamation because all the said persons were out of this realm, to compear before our sovereign lord and his justice on 25 October 1581, in his majesty's parliament to begin at Edinburgh on 24 October 1581, in the hour of cause, with continuation of days, to answer to his highness or his justice in the said parliament upon the crimes within contained, after the form and tenor of these letters in all points; whereof I affixed an authentic copy upon each one of the said crosses before these witnesses respectively: John Richardson, James Burgess, Charles Geddes, John Johnston, John Herries, Thomas Brown, Hugh Tran, Thomas Harvey, Donald Cunningham, James Smollet, Andrew Medrall, Master Adam Wallace, Archibald Lyon, Alexander English and Sir James Hamilton of Crawfordjohn, knight, and for the more verification hereof, hereto my signet is affixed. And on 5, 6 and 11 October 1581, I, the said Alexander Stobo, sheriff forenamed, passed at command aforesaid to the places respectively following, to wit, to the place of Parkhead where the said George Douglas of Parkhead and James Douglas, his son, sometime made residence, and to the place of Mains where the said Malcolm Douglas made residence sometime, and there, for the more abundance, I lawfully summoned the said persons to compear the said day and place, in the hour of cause, with continuation of days, in the parliament aforesaid, to the effect within rehearsed; and after knocking at the gates of the said places respectively, I affixed a copy hereof upon each one of them before these witnesses: John Richardson and James Burgess, with diverse others; and for the more verification hereof, hereto my signet is affixed.

I, John Brown, messenger, another of the sheriffs in that part within named, passed at command of these our sovereign lord's letters to the market crosses of the burghs respectively after-specified the days respectively following, namely, on 7 July 1581 to the market cross of Edinburgh, on 11 July 1581 to the market cross of Cupar in Fife, on 13 July 1581 to the market cross of Perth, on 17 July 1581 to the market cross of Dundee, on 18 July 1581 to the market cross of Forfar, on 20 July 1581 to the market cross of Aberdeen, and on 24 July 1581 to the market cross of Elgin and Forres; and at the said crosses respectively I lawfully summoned, warned and charged Master Archibald Douglas, sometime parson of Glasgow, Archibald, earl of Angus, John Carmichael of that Ilk, younger, Hugh Carmichael, his son and apparent heir, Malcolm Douglas of Mains, James Douglas, sometime prior of Pluscarden, Archibald Douglas, sometime of Pittendreich, his brother, Archibald Douglas, sometime constable of the castle of Edinburgh, Hector Douglas, called Red Eckie, George Douglas of Parkhead and James Douglas his son, and that by open proclamation because all the said persons were out of this realm, to compear before our sovereign lord and his highness's justice on 25 October 1581, in his majesty's parliament to begin at Edinburgh on 24 October 1581, in the hour of cause, with continuation of days, to answer to his highness or his justice in the said parliament upon the crimes within contained, after the form and tenor hereof in all points; whereof I affixed an authentic copy upon each one of the said crosses before these witnesses: Archibald Cunningham, Alexander Snipe, John Aitchison, John Main, Master James Fiddes, Thomas Mows, David Weyland, James Lafries, John Jamieson, James Brown, Patrick Garden, William Mitchell, David Bell, George Suttie, Walter Lindsay, John Wood, Alexander Knows, William Hunter, William Menzies, Andrew Annan and John Annan, with diverse others; and for the more verification hereof, hereto my signet is affixed. And on the same 24 October 1581, I, the said John Brown, sheriff forenamed, passed at command aforesaid to the places respectively following, to wit, to the place of Pluscarden where the said James Douglas, prior of Pluscarden, sometime made residence, and to the place of Pittendreich where the said Archibald Douglas of Pittendreich sometime made residence, and there, for the more abundance, I lawfully summoned the said persons to compear the said day and place, in the hour of cause, with continuation of days, in the parliament aforesaid, to the effect within rehearsed; and after knocking at the gates of the said places respectively, I affixed a just copy hereof upon either of them before these witnesses: Archibald Cunningham and Alexander Snipe; and for the more verification hereof, my signet is hereto affixed.

I, Steven Alexander, messenger, another of the sheriffs in that part within named, specially constituted, passed at command of these our sovereign lord's letters to the market crosses of the burghs respectively after-specified the days respectively following, namely, on 11 July 1581 to the market cross of Peebles, on 12 July 1581 to the market cross of Selkirk, on 13 July 1581 to the market cross of Jedburgh, on 14 July 1581 to the market cross of Duns, on 15 July 1581 to the market cross of Lauder, and on 16 July 1581 to the market cross of Haddington; and at the said crosses respectively I lawfully summoned, warned and charged Master Archibald Douglas, sometime parson of Glasgow, Archibald, earl of Angus, John Carmichael of that Ilk, younger, Hugh Carmichael, his son and apparent heir, Malcolm Douglas of Mains, James Douglas, sometime prior of Pluscarden, Archibald Douglas, sometime of Pittendreich, his brother, Hector Douglas, called Red Eckie, Archibald Douglas, sometime constable of the castle of Edinburgh, George Douglas of Parkhead and James Douglas, his son, and that by open proclamation because all the said persons were out of this realm, to compear before our sovereign lord and his highness's justice on 25 October 1581, in his majesty's parliament to begin at Edinburgh on 24 October 1581, in the hour of cause, with continuation of days, to answer to his highness and his justice in the said parliament upon the crimes within contained, after the form and tenor hereof in all points; whereof I affixed an authentic copy upon each one of the said crosses before these witnesses respectively: Andrew Frank, James Kerr, Thomas Tweedy, James Tweedy, John Mitchelhill, Thomas Henry, Thomas Dobie, Richard Rutherford, Robert Rutherford, John Strachan, John Thomson, William Wallace, William Frank, Thomas Cranston, Simon Frank, John Buckham and William Brown, with diverse others; and for the more verification hereof, my signet is hereto affixed. And on 18 July 1581, I, the said Steven Alexander, sheriff before-specified, passed at command aforesaid to the place of Fenton where the said Earl of Angus and remaining persons forenamed, his accomplices, dependants and servants, made residence before their departing out of this realm; and there, for the more abundance, I lawfully summoned them all at the said place because I could not apprehend them personally, being then out of the realm as said is, to compear the said day and place, in the hour of cause, with continuation of days, in the parliament aforesaid, to the effect within contained; and after knocking at the gate of the said place, I affixed a copy hereof thereupon before these witnesses: Andrew Frank and James Kerr, with diverse others; and for the more verification hereof, my signet is hereto affixed.

(On 4 September 1581, I, the said Steven Alexander, sheriff forenamed, passed at command aforesaid), which summons, with the executions and endorsements thereof aforesaid, being read in presence of my lords commissioners of parliament on the said 25 October 1581, specially deputed by his highness's commission for holding thereof, first in Latin and thereafter in Scots, and the whole persons, defenders above-written, being diverse and sundry times called at the tolbooth window to have compeared and answered to the said summons, and none of them compearing, the said advocate, for probation of the aforesaid executions and endorsements of the said summons upon the said 25 October 1581, produced the said Alexander Stobo, messenger, who proved and verified his first and second endorsements of the said summons, being lawfully sworn to that effect; likewise also the said John Richardson and James Burgess, witnesses contained therein, proved and verified the said two endorsements to be true; and likewise then produced the said John Brown, messenger, who proved his said third and fourth executions, as in like manner the said Archibald Cunningham and Alexander Snipe, his witnesses inserted, therein proved the same sufficiently; and likewise produced the said Steven Alexander, messenger, executor of the said fifth, sixth and seventh endorsements of the said summons, likewise also the said Andrew Frank and James Kerr, his witnesses inserted therein, proved the same sufficiently, as at more length is contained in an act made by the said lords commissioners thereupon of the date the said 25 October 1581. And thereafter the said advocate showed and declared that the king's majesty and whole three estates of parliament, being convened in the said tolbooth of Edinburgh on 30 October 1581, chose the lords of articles, and thereafter the aforesaid whole persons, defenders, being of new often times called at the said tolbooth window to have compeared before the said lords of articles and defended in the said summons, and likewise the said defenders being often times called before the said lords of articles and the said summons being read in their presence, both in Scots and Latin, and none of the said defenders compearing, the said advocate desired the said lords to declare if the reasons of the said summons were relevant or not, who then declared the same to be relevant. And thereafter the said advocate produced the whole writs, with the depositions of the witnesses contained in the act immediately preceding, made this instant day in presence of the king's majesty, and repeated the depositions of the witnesses, with the declarations of the officers respectively above-written produced by him before the said 15 October 1581, with the other writs and probations contained in the act made by the said commissioners the said day, and also repeated the notoriety of the deeds and facts contained in the said summons committed by the persons contained therein, with the acts of parliament made in our sovereign lord's predecessors' times, produced by him of before, before the said lords of articles, which he repeated also now in presence of the king's majesty and three estates of this present parliament for proving of the reasons and causes contained in the said summons, and therefore desired them to decree and declare therein, according to the allegations and proofs, and that he might have further process in the said matter. And thereafter the whole summons, with the executions and endorsements thereof, being of new read as said is in presence of our said sovereign lord and three estates aforesaid, and the aforesaid whole persons, defenders, being of new called, as of before, sundry times at the said tolbooth window and none of them compearing, and the whole writs and other probations produced this instant day and of before by the said advocate for proving of the whole points and articles above-written contained in the said summons, and first being advised by the said lords of articles and now presently by the king's grace and three estates of this present parliament, it is found by the king's grace and three estates aforesaid that the whole reasons of the said summons are relevant and sufficiently proven against the persons particularly above-written and each one of them for their own parts as follows, and ordain doom to be pronounced and given thereupon in manner following by the mouth of Andrew Lindsay, dempster of this present parliament, deputed and sworn thereto of before, of the which doom the tenor follows, pronounced by the said Andrew Lindsay.

This court of parliament shows for law that Master Archibald Douglas, sometime parson of Glasgow, has committed and done treason upon the treasonable conspiracy, consultation, treating and concluding, concerning the treasonable and detestable slaughter, murder and death of [Henry Stewart, lord Darnley], our sovereign lord's late dearest father, at the time above-written, purporting and bearing as the said first reason of the said summons bears, and likewise has committed treason in his treasonable passing to England at the time above-written, and there communicated, treated and consulted with diverse great personages of England, as the second reason of the said summons, bearing as is above-written, purports; and in like manner they find and declare that the said Master Archibald Douglas, Archibald, earl of Angus, John Carmichael of that Ilk, younger, Hugh Carmichael, his son and apparent heir, Malcolm Douglas of Mains, James Douglas, sometime prior of Pluscarden, Archibald Douglas, sometime of Pittendreich, natural sons to the said late James, earl of Morton, Archibald Douglas, sometime constable of the castle of Edinburgh, Hector Douglas, called Red Eckie, George Douglas of Parkhead and James Douglas, his son, and every one of them, have committed and done treason upon the third reason above-written contained in the said summons, bearing and purporting as is above stated; and also find and declare that the said Archibald, earl of Angus and the whole remaining persons above-written, his colleagues (excepting the said Master Archibald Douglas), have committed and done treason in the treasonable conspiracy, consulting and concluding by themselves, and others in their names of their causing, command, assistance and approbation to apprehend and take by force of arms the said late James, sometime earl of Morton after he was warded in the castle of Edinburgh, so soon as they understood that he was to be transported from the said ward to the castle of Dumbarton, and in the hiding and concealing thereof as the fifth reason of the said summons bears; and likewise the said Archibald, earl of Angus has committed treason in remaining and not entering of his person on the north side of the water of Spey, he being lawfully charged to that effect, as the sixth reason of the said summons, bearing as said is, purports, and also in his treasonable furnishing, fortifying and withholding by himself and others in his name of the castles of Tantallon and Douglas after he was charged lawfully to have delivered the same to our said sovereign lord's officers in manner above-written, as the seventh reason of the said summons bears, purporting as said; and finally, in like manner, decrees and declares that the said George Douglas of Parkhead and James Douglas, his son, have done and committed treason in fortifying, furnishing and detention by themselves and others in their names of their causing, as said is, of the castle of Torthorwald, in manner and for the cause above-written, contained in the last reason above-specified, contained in the said summons, bearing as is above rehearsed; and therefore our said sovereign lord, with advice of the said three estates of this present parliament, decrees and declares that the aforesaid whole persons and every one of them have incurred the crimes of treason and lese-majesty for the reasons and causes respectively above-specified, which were sufficiently proven first before the whole lords of articles and thereafter in presence of the king's majesty and three estates aforesaid, and therefore their goods, moveable and unmoveable, as well lands as offices, and other things belonging to them, to be confiscated to our sovereign lord, and to remain perpetually with his highness in property, and their persons to underlie the pain of treason and last punishment appointed by the laws of this realm. And this I give for doom.

1. NAS, PA2/12, ff.56v-57v. Back
2. NAS, PA2/12, f.57v. Back
3. NAS, PA2/12, ff.57v-61r. Back
4. Identity not yet ascertained. Back
5. Identity not yet ascertained. Back
6. Possibly Sir Robert Bowes, resident English ambassador at the Scottish court. Back
7. NAS, PA2/12, ff.62r-63r. Back
8. NAS, PA2/12, ff.63v-65v. Back
9. The Latin grammar of this clause confuses singular and plural. The intended sense, however, appears clear. Back

[1581/10/17]*[print] [email] [cite] [preceding] [following]

The which day Master Robert Crichton of Eliock, advocate to our sovereign lord, showed and declared that the summons of treason duly executed and endorsed, pursued at the instance of our said sovereign lord and his highness's justice, against Thomas Rorison of Bardannoch for certain crimes of treason specified therein, and that the same being called in presence of the lords commissioners specially deputed by our sovereign lord's commission to that effect on 26 October 1581, at the which day the said advocate produced the officer and witnesses, users of the said summons of treason, for verification of the executions and endorsements thereof, who verified the same sufficiently, and likewise repeated and produced our sovereign lord's letters, whereby the said Thomas was relaxed from the process of horning for whatsoever cause or occasion, to the effect that he might compear and defend in the said summons, as the acts made thereupon on the said 26 October 1581 at more length purport; and that thereafter on 30 October 1581, the lords of articles being chosen in presence of the king's grace and three estates, the said advocate, compearing as of before, repeated the proceedings done in presence of the said commissioners as said is and desired further process upon the said summons. And thereafter the said Thomas Rorison being of new called in presence of the said lords of articles, and the said summons being sundry times read, both in Scots and Latin, desired the said lords to find and declare if the reasons of the said summons were relevant or not, after that he had passed from the pursuit of the first and third reasons contained in the said summons, and held him only at the second reason thereof concerning the counterfeiting of false coin. Which lords of articles then found the said second reason relevant, and therefore the said advocate, after that the said Thomas Rorison was diverse times called and not compearing, the said advocate repeated the proceedings passed of before, according to the said act made the said 26 October; and thereafter, for verifying of the said second reason of the said summons, repeated the depositions of the witnesses, namely, Cuthbert Cunningham in Castlefern, John Settlington of Stonehouse, John Kirkhaugh of Vogrie, John Welsh of Coulston, George Grierson of Dalmacurane, Robert Grierson in Ingleston, Malcolm Ferguson in Cadyelach, Edward Reychtoun in Gordonstoun, Quentin MacAdam in Knockengorroch and Edward Ferguson in Over Ingleston, which persons, witnesses, were summoned to bear loyal and steadfast witnessing in so far as they knew or should be enquired of them in the said cause, who were sworn of before in presence of the said lords of articles, and their depositions received and taken, remaining in process after that the said Thomas was lawfully called and not compearing to have opposed against the said witnesses, and also repeated the notoriety of the deed contained in the said summons, with the declaration and confession of the late Laurencio Nicolaio, likewise produced in process, who suffered death for the said crime; and likewise the said advocate showed and declared that the said summons concerning the said second reason was of new read this present day and the party diverse times called and not compearing as said is, and therefore desired the king's majesty and three estates present to declare if the said second reason was sufficiently proven or not, who first found and declared the same to be relevant and thereafter sufficiently proven; whereupon the said advocate asked instruments and therefore ordained the doom of forfeiture to be pronounced in manner underwritten.

The which day Master Robert Crichton of Eliock, advocate to our sovereign lord, produced the summons of treason underwritten, likewise as he did diverse times of before, raised, pursued and duly executed at the instance of our said sovereign lord and his highness's justice against Thomas Rorison of Bardannoch for certain crimes of treason and lese-majesty contained therein, as at more length is contained in the said summons, of the which the tenor follows:

James, by the grace of God, king of Scots, gives greetings to our beloved lyon king of arms, Islay, Albany, Ross, Rothesay, Snowdon and Marchmont, heralds, William Bryson, Archibald Douglas, Robert Stewart, John Ferguson, macers, Ormond, Bute, Unicorn, Carrick, pursuivants, Oswald Porter etc., messengers, and to each one, jointly and separately, of our sheriffs in this regard. We instruct and order you to summon legitimately, peremptorily and before witnesses Thomas Rorison of Bardannoch in person, if you can conveniently have his personal presence, otherwise at his place of residence, also by proclamation at the market cross of Dumfries and other necessary places, that he should compear before us or our justice on 26 October next, in our parliament due to begin in our burgh of Edinburgh on the 25th of the same month, at the time for the hearing of pleas, with continuation of days, in order to answer to us or our justice in our foresaid parliament; that is to say, the said Thomas Rorison, for his treason, art and part, his plotting and help by himself and by others in his name, for his cause, ordering, assistance and approval offered and given, in his false, audacious and unjust manufacture, adulteration and coining of our coinage in the form of our half merk coin and of forty coins to the sum of 2,000 merks or thereabouts, this in the place called Lochmaben within our sheriffdom of Wigtown, in the months of December [1573], and in January, February and March and the rest of the months of the year of the Lord 1573 [1574], also for his treasonable deployment, distribution and despatch of this kind of false coin among the populace, to the great prejudice of our subjects and contempt of our authority, also for his hiding and concealing of the same crimes, thus very manifestly committing the crime of treason against us, our laws and our royal authority; also for very many other crimes, acts of treason and transgressions perpetrated treasonably by the said Thomas Rorison against us and our royal authority. On the same day and at the same place, with continuation of days, as have been put forward and demonstrated, it has been decided and decreed by us and by the three estates of our realm that he, the said Thomas Rorison, should obey the law and await and submit to judgment of this kind and that of our parliament in line with the laws of our realm, and that, for seeing and hearing, on the basis of the foregoing, he has incurred the charge of lese-majesty. And accordingly his goods both movable and immovable, land and offices, and other things relating to them are forfeit to us and remain with us as our property in perpetuity, and his person suffers the penalty of treason and the ultimate punishment inflicted according to the laws of our realm. Further, he should answer in terms of the foregoing, and submit to the law; this by intimating to the foresaid Thomas Rorison that should he compear, whether on the said day and in the said place, with continuation of days, or not, we and our said justice will proceed, in the forementioned, guided by justice. Further you are to summon legitimately Cuthbert Cunningham from Castlefern, John Settlington of Stonehouse, John Kirkhaugh of Vogrie, John Welsh of Coulston, George Grierson from Balmacurane, Robert Grierson from Ingleston, Malcolm Ferguson from Cadyelach, Edward Crichton from Gordonstoun, Quentin MacAdam from Knockengorroch and Edward Ferguson from Over Ingleston, to compear before us and our justice on the said day and at the said place at the time for pleas, with continuation of days, to present true and faithful evidence so far as they know or is asked of them, in the said case and under every penalty which could follow. You should render the present letter, duly executed and endorsed, to the bearer of the same, and those of you who were present at the execution [of the summons] are to be there on the same day and at the same place, before us and our said justice, bearing with you evidence in writing of your summons on account of the foregoing, or witnesses themselves. For the carrying out of this, we give you, our sheriffs, our authority, jointly and separately, in this regard. Given under witness of our great seal in Edinburgh on 29 August in the year of the Lord 1581, and in the fifteenth year of our reign.

Here follows the executions and endorsements of the said summons:

On 10 September 1581, I, Oswald Porter, messenger, one of the sheriffs in that part within constituted, passed at command of this within written summons of treason and lawfully and peremptorily summoned Thomas Rorison of Bardannoch at his dwelling place of Drumorgan, because I could not apprehend him personally, and affixed a copy hereof upon the gate of his said dwelling place, after knocking thereat nine times as use is, and that in presence of Carruthers, spouse to the said Thomas, and his domestic servants and family; and on 11 September 1581 at command aforesaid, I lawfully and peremptorily summoned the said Thomas Rorison of Bardannoch by open proclamation at the market cross of Dumfries, because I could not apprehend him personally, and affixed a copy hereof upon the said market cross to compear before our sovereign lord and his highness's justice on 26 October 1581, in his highness's parliament to begin at Edinburgh on 24 October 1581, in the hour of cause, with continuation of days, to answer to his highness and his said justice in the aforesaid parliament upon the treasonable crimes and transgressions within contained, after the form and tenor hereof in all points, before these witnesses: Alexander Ferguson and George Ferguson; and for the more witnessing, my signet is hereto affixed. On 15, 16 and 17 October 1581, I, Oswald Porter, messenger, one of the sheriffs in that part within constituted, at the command hereof, I lawfully and peremptorily summoned Cuthbert Cunningham in Castlefern, John Settlington of Stonehouse, John Kirkhaugh of Vogrie, John Welsh of Coulston, George Grierson of Balmacurane, Robert Grierson in Ingleston, Malcolm Ferguson in Cadyelach, Edward Crichton in Gordonstoun, Quentin MacAdam in Knockengorroch and Edward Ferguson in Over Ingleston, witnesses within written, personally apprehended, to compear day and place within written, in the hour of cause, with continuation of days, to bear loyal and steadfast witnessing in so far as they know or shall be enquired of them in the matter within written, after the form and tenor hereof in all points, before these witnesses respectively: James and Edward Ferguson, sons to the laird of Craigdarroch, Thomas Maxwell, Thomas MacBrair, Peter Brown and George Ferguson; and for the more witnessing, my signet is hereto affixed. Which summons was called in presence of my lords commissioners of parliament specially constituted by the king's grace, letters passing under the testimonial of his highness's great seal on 26 October 1581, by the which the said Thomas was summoned to have compeared before our said sovereign lord and his highness's justice the said 26 October, in the hour of cause, with continuation of days, in the parliament to have begun the 24 October thereof, and that he instantly repeated our sovereign lord's letters produced by him the said 26 October 1581, whereby the said Thomas was relaxed from the horn for whatsoever cause or occasion preceding the date of the said letters, to the effect he might compear and defend in the said cause; and also repeated the depositions of the said Oswald Porter, messenger, executor of the said summons of treason, with Alexander Ferguson and George Ferguson, witnesses inserted in the said endorsements, who proved the same to be true, as at more length is contained in an act made by the said lords commissioners of the date the said 26 October 1581, which he repeated of before, before the said lords of articles, for proving of the said executions and endorsements, likewise also he presently repeats the same in presence of the king's majesty and three estates of this present parliament for proving of the same, after that the reason above-written contained in the said summons was found relevant; and also showed and declared that he produced his said summons of before in presence of the said lords of articles, which summons was read in their presence, both in Scots and Latin, and the party being lawfully called to have compeared and defended therein (and not compearing), and therefore desired the said lords of articles to advise if the reason of the said summons was relevant to have been seen and considered by them, they found and declared the same to be relevant; and thereafter the said advocate produced diverse reputable witnesses for proving of the reason above-written contained in the said summons, which were admitted, sworn and examined in presence of the said lords of articles, who after their examination found the aforesaid second reason above-written contained in the said summons sufficiently proven, which whole premises the said advocate has repeated and repeats for proving of the said second reason above-specified now in presence of the king's majesty and three estates of this present parliament, and desired them of new to review and consider the same if the said summons be sufficiently proven or not; and after declaration made by the chancellor, in name of the said lords of articles, that they had found the said second reason of the said summons sufficiently proven by production of the probations above-rehearsed, ordained and ordains the doom to be pronounced by the mouth of Andrew Lindsay, dempster depute of this present parliament, and sworn of before, of the which doom the tenor follows, pronounced by the said Andrew Lindsay:

This court of parliament shows for law that the said Thomas Rorison of Bardannoch has committed and done treason in the treasonable art, part, help and counsel given by him and others in his name of his causing, command, assistance and approbation in his false, audacious and unjust forging, adulterating and coining of our sovereign lord's money to the form of half merk and 40d pieces, to the sum of 2,000 merks or thereby, and that in the place of Loch Maberry, within the sheriffdom of Wigtown, in the months of December, January, February, March and remaining months of 1573 or thereby; and for his treasonable outputting thereof amongst our sovereign lord's lieges, to the great hurt of his highness's subjects and contempt of his highness's authority, for hiding and concealing of the said crimes, committing there through most manifestly the crime of treason against our said sovereign lord, his laws and royal authority and, therefore, our said sovereign lord, with advice of the said three estates of this present parliament, decrees and declares the said Thomas Rorison of Bardannoch to have incurred the crimes of treason and lese-majesty, and therefore his goods, moveable and unmoveable, as well lands as offices, and other gear pertaining to him, to be confiscated to our sovereign lord and to remain with his highness in property for ever, and his person to underlie the pain of treason and last punishment appointed by the laws of this realm. And this I give for doom.

1. NAS, PA2/12, ff.56v-57v. Back
2. NAS, PA2/12, f.57v. Back
3. NAS, PA2/12, ff.57v-61r. Back
4. Identity not yet ascertained. Back
5. Identity not yet ascertained. Back
6. Possibly Sir Robert Bowes, resident English ambassador at the Scottish court. Back
7. NAS, PA2/12, ff.62r-63r. Back
8. NAS, PA2/12, ff.63v-65v. Back
9. The Latin grammar of this clause confuses singular and plural. The intended sense, however, appears clear. Back

[1581/10/18]*[print] [email] [cite] [preceding] [following]

The which day Master Robert Crichton of Eliock, advocate to our sovereign lord, showed and declared that the summons of treason duly executed and endorsed, pursued at the instance of our said sovereign lord and his highness's justice, against Andrew Gray of Dunninald, elder, for certain crimes of treason specified therein, and that the same being called in presence of the lords commissioners specially deputed to that effect by our sovereign lord's commission on 25 October 1581, at the which day the said advocate produced the officer and witnesses, users of the said summons of treason, for verification of the executions and endorsements thereof, who verified the same sufficiently, and likewise repeated and produced our sovereign lord's letters whereby the said Andrew was relaxed from the process of horning led upon him for whatsoever cause or occasion, to the effect that he might compear and defend in the said summons, as the acts made thereupon the said 25 October 1581 purport; and that thereafter on 30 October 1581, the lords of articles being chosen in presence of the king's majesty and three estates, the said advocate as of before repeated the proceedings done before the said lords commissioners the said day and desired further process upon the said summons; and thereafter the said Andrew, being of new called in presence as said is, the lords of articles found the reasons of the summons read to them, both in Scots and Latin, after that the said advocate had passed from the pursuit of Andrew Gray, younger, of Dunninald, for the crimes contained in the said summons, for the time and place, and likewise had renounced the crimes known depending before the justice against the said Andrew Gray, elder, for the time and place, and also had passed from the slaughters known for the time and place and adhered to the treasonable deeds known toward the raising of fire and disobedience contained in the said summons; the said advocate desired the said lords of articles to find and declare if the reasons of the said summons were relevant or not, which being seen and considered by them, found the same relevant and, therefore, the said advocate, now as of before, in presence of the king's majesty and three estates of this present parliament, after that the said Andrew Gray was of new often times called and not compearing to have defended in the said summons, repeated the whole proceedings passed of before; and thereafter, for verifying of the two reasons contained therein, the first toward the siege of Redcastle, raising of fire therein and disobeying of the charge to leave the siege, repeated the notoriety of the deed, the depositions, namely, Patrick Stewart, Alexander Guthrie, soldier, William Brown, also soldier, Henry Bain, Archibald Ogilvy of Latoun, John Smith, servant to the young laird of Leys, Alexander Garden, son to the laird of Leys, and Robert Bruce, servant to [James Ogilvy], lord Ogilvy; which depositions were taken by the said lords of articles, the said party, defender, being called to have heard them received, admitted and sworn to depone in the said cause, and likewise repeated the acts of parliament of King James I and also produced the act of adjournal where the said Andrew Gray, elder, became surety for John Arnott, his own man, that he should compear before the justice to underlie the law for the crimes known in the said summons, and, nevertheless, the said John was fugitive, through which he passed to the horn and took the crime upon him, and the said Andrew therefore was fined in the pains; and also repeated and produced the said horning, with the executions thereof registered, the charges where the said Andrew was charged to leave the siege duly executed and endorsed, and that for verifying of the first reason contained in the said summons and likewise for proving of the second reason of the said summons concerning the second siege of the said place of Redcastle, raising of fire and refusing to render the house under the pain of treason; repeated the notoriety of the deed, the depositions of the said witnesses and acts of parliament aforesaid, and produced the letters of horning upon the said Andrew for not exhibiting by him before the lords of secret council of the persons detained by him in stocks and prison, the charge of treason following thereupon, with the executions of the same, an instrument bearing in effect that the house was held 28 days after the said charge, it being within 24 hours, under the sign and subscription manual of Thomas Dunlop, notary public; and therefore the said advocate desired the king's majesty and three estates present to declare if the aforesaid two reasons of the said summons were relevant and sufficiently proven or not, who first found and declared the aforesaid two reasons of the said summons relevant and thereafter sufficiently proven, and therefore ordained the doom of forfeiture to be pronounced upon the said Andrew, whereupon the said advocate and upon the whole proceedings aforesaid asked instruments.

The which day Master Robert Crichton of Eliock, advocate to our sovereign lord, produced the summons of treason underwritten, likewise as he did diverse times of before, raised, pursued and duly executed at the instance of our said sovereign lord and his highness's justice against Andrew Gray of Dunninald, elder, for certain crimes of treason and lese-majesty contained therein, as at more length is contained in the said summons, of the which the tenor follows:

James, by grace of God, king of Scots, gives greetings to our beloved lyon king of arms, Islay, Albany, Ross, Rothesay, Snowdon, Marchmont, heralds, William Bryson, Archibald Douglas, Robert Stewart, John Ferguson, macers, Ormond, Bute, Unicorn, Carrick, pursuivants, Lewis Thornton etc., messengers, and any of them, jointly and separately our sheriffs in this regard. We instruct and order you to summon peremptorily before witnesses Andrew Gray of Dunninald, in person if you are able conveniently to have his presence in person at his dwelling place, and by public proclamation at the market crosses of our burghs of Edinburgh and Forfar and other necessary places, to the effect that he compear before us or our justice on 25 October next, in our parliament at Edinburgh which begins on 24 October, at the time for pleas, with continuation of days, in order to answer to us or our justice in our foresaid parliament. That is to say the said Andrew, for his treason, art and part, plotting and help by himself and by others in his name, by his cause, orders, assistance and approval offered and displayed in his rash and unjust taking, capture, burning and destruction of the castle and fortalice of Redcastle within our sheriffdom of Forfar, on 27 February in the year of the Lord 1579, when he and his accomplices, with a gathering of our lieges to the number of a hundred men or thereabouts, in warlike mode, kitted out with breastplates, helmets, daggers, shields, guns, pistols, lances, spears, axes, bows, arrows and other warlike equipment approached the said castle with the definite plan and intention to destroy and burn the same castle, and to kill our beloved kinswoman Elizabeth Beaton, lady of Innermeath, and John Stewart, her son, who were inside at the time. They nearly put this into effect, for in the silence of night the same day they scaled the walls of the said castle (they had brought ladders with them) and took and pillaged the hall, chambers and all the rooms of the same castle, with the exception of the great tower, forcing our said kinswoman, John Stewart, her son, Marjory Stewart, lady of Vayne, her daughter (pregnant at the time), and the late Thomas Baxter, her servant, with a few of her other servants, to flee to the said tower for the defence of their lives. Thus the said Andrew, seeing himself somewhat frustrated in his intentions, forthwith attacked and besieged the said tower with cannon and other war machines. They most treasonably set fire to its doors with a blast of gunpowder, with sulphur, pitch and tar, and utterly destroyed them, forcing Marjory Stewart, who was pregnant as has been said, and was now almost suffocated with smoke, to miscarry. This was despite the said persons, perpetrators of the foregoing crimes, having been lawfully instructed, by another letter of ours addressed to David Bell, messenger and our sheriff in that part, on 1 March in the year of the Lord 1579 to remove themselves and their accomplices from the said castle, and to desist and cease from use of arms for another incursion and attack on it, and this immediately after the said instruction on pain of treason, as is set out at greater length in our letter and its execution. Nonetheless, the said Andrew, with his accomplices, neglecting our instruction, persisted incessantly in their most cruel attack on the said tower and on the forementioned persons who were there for the safety of their persons, as has been said, and this continuously from 27 February until 2 March following, until eventually the provost, bailies and inhabitants of our burgh of Dundee on 2 March, sufficiently armed and organised in substantial numbers, approached the forementioned castle to rescue our said kinswoman, her children, and her servants who were there. This was according to the instruction of our commission addressed to them in this regard. And then the said conspirators with their accomplices, in fear of attack, abandoned the foresaid castle and took themselves off to their place of Dunninald (also called Black Jack in a recent charge) with substantial spoils from the said castle, thus most manifestly committing the crime of treason against us and our royal authority. And thus it is decided and declared by us and by the three estates of our realm that the said persons, perpetrators of the foregoing crimes, have incurred the charge of lese-majesty, to be seen and heard in respect of the foregoing. Secondly, the same Andrew Gray of Dunninald, for his treason, art and part, plotting and help through himself and others in his name, for his cause, instruction, assistance and approval offered and demonstrated in his rash and unjust taking, capture, holding, burning and pillaging of the said castle and fortalice of Redcastle on 3 February just past, when he and his accomplices with a gathering of our lieges to the number of 60 men or thereabouts, equipped for war, with breastplates, helmets, daggers, shields, cannon, small guns, lances, spears, axes, bows, arrows and other warlike equipment, still persevering in their treasonable crimes, again approached the said castle with the definite plan and intention to pillage and burn the said castle and kill its guards, or at least take them prisoner. So in fact under cover of the silence of the night of 3 February last they scaled the walls of the foresaid castle with ladders which they had brought with them, and took and pillaged the hall, chambers and all the rooms, together with its great tower. They laid violent hands on the persons of John Trummyll, David White and Magdalen Learmonth, guards at the time of the foresaid castle, and held them in shackles and in their private prisons for the space of twenty days or thereabouts, and meantime treasonably set fire to the inner rooms, both within and outwith the gate of the said castle. Thereafter, at the entreaty of our beloved kinsman John, lord of Innermeath and feudal owner of the said castle, we addressed another letter to John Auchterlonie, herald and our sheriff specially appointed in this regard, to instruct and require that the said Andrew Gray of Dunninald and his accomplices should produce the said persons unjustly detained and imprisoned by them in the way that has been mentioned, before us and the lords of our privy council on a certain day. Otherwise that he should compear personally the same day to bring forward reasonable cause to the contrary, on pain of rebellion, with certification if he were to default, another of our letters would be sent, denouncing him as a rebel against us. And even though our letter was duly executed by mandate, notwithstanding the said Andrew defaulted and plainly showed himself to be contumacious concerning his due obedience to the aforesaid letters.† Therefore he was legitimately denounced as a rebel and was put to the horn at the market crosses of our burghs of Edinburgh and Forfar on 2 and 3 March last. As soon as their rebellion came to our ears, then we by our royal authority directed a letter to William Marshall, herald and our sheriff specially appointed in this regard, to instruct and require that the those who were holding the foresaid fortalice of Redcastle should present and hand over the said to our sheriff as official and executor of the foresaid letter, and should remove themselves and their servants from it within 24 hours after that order, on pain of treason. The due letter was put into effect in respect of the said Andrew Gray of Dunninald, the main holder of that castle at the time, and this on 14 February last. Nonetheless, the instructions of our foresaid letter were disregarded, and he held on to the same castle against us and our royal authority long after the time fixed for its handover, until they were compelled, for fear of attack, to abandon the said castle. And then, learning that our beloved [James Stewart], lord of Doune had obtained our special commission to this effect, they left the castle in ruins and he and his accomplices made their way with all the spoils from the same castle to his place of Dunninald, where they took up residence fresh from the foresaid crime for the space of several days. Thus he most manifestly committed the crime of treason against us and our royal authority. Thus it is decided and declared by us and by the decree of the three estates of our realm that the said persons, perpetrators of the forementioned crimes, and any of them, for seeing, in respect of the foregoing, themselves to have incurred the charge of lese-majesty, and further, in respect of many other instances of rebellion, transgressions and treasonable crimes impiously and nefariously perpetrated by the forementioned Andrew against us, our realm and our royal authority, on the said day and in the said place, with continuation of days, as has been put forward and published, he should submit to the law, and should await and submit to our justice and that of our parliament in this regard, in accordance with the laws of our kingdom. That is, it had been decided by us and by the decree of the three estates of our realm that the said Andrew, to see and hear, on the basis of the foregoing, himself to have incurred the charge of lese-majesty, and for that reason his goods, both moveable and immoveable, lands, offices and other things relating to him are forfeit to us, and remain with us as our property in perpetuity, and his person to undergo the penalty of treason and of the ultimate punishment inflicted by the laws of our kingdom, and further in respect of the foregoing he should answer and obey the law, by intimating to the foresaid conspirators and to whomsoever of them that, whether they compear on the said day and in the said place, with continuation of days, or not, we and our said justice will proceed in respect of the foregoing in accordance with justice. Further, you are to summon Patrick Stewart, Alexander Guthrie, William Brown, Henry Bain, Archibald Ogilvie of Latoun, John Smith, Alexander Garden and Robert Bruce to compear before us or our justice on the said day and in the said place, at the time of pleas, with continuation of days, to present loyal evidence in the foresaid case under pain of the law. You are to deliver this letter duly executed and endorsed to the bearer. You who have been the subject of the writ are to be there on the said day and in the said place, before us or our justice, bearing with you written evidence of your summons, or witnesses themselves. To carry this out we give authority to you, and whomsoever of you, our sheriffs in this regard, jointly and separately. Given under testimony of our great seal in Edinburgh on 8 October in the year of the Lord 1581, and in the fourteenth year of our reign.

Here follows the executions and endorsements of the aforesaid summons:

On 20 July 1581, I, Lewis Thornton, messenger, one of the sheriffs in that part within constituted, passed at command of these our sovereign lord's summons of treason to the market cross of Edinburgh and there, by open proclamation, lawfully and peremptorily summoned Andrew Gray of Dunninald to compear before our sovereign lord and his highness's justice on 25 October 1581, in his highness's parliament to begin at Edinburgh on 24 October 1581, in the hour of cause, with continuation of days, to answer to his highness and his said justice in the said parliament upon the treasonable crimes and transgressions within contained, after the form and tenor of this summons within written in all points, whereof I affixed an authentic copy on the said market cross, and this I did before these witnesses: William Duncan, Andrew Thomson, James Black and Henry Douglas; and for the more witnessing, my signet is hereto affixed. On 5 August 1581, I, Lewis Thornton, messenger, one of the sheriffs in that part within constituted, passed at command of these our sovereign lord's summons of treason to the place of Dunninald, where the said Andrew Gray of Dunninald was for the time, and there I lawfully and peremptorily summoned the said Andrew, personally apprehended; and because after he had spoken to me over the wall of Dunninald and out of the windows thereof, he caused had the gate and doors made fast and would not let me in, I delivered a copy of this summons to the said Andrew's spouse, and that after I had knocked nine knocks at the gate of the said place, to compear before our sovereign lord and his highness's justice on 25 October 1581, in his highness's parliament to begin at Edinburgh on 24 October [1581], in the hour of cause, with continuation of days, to answer to his highness and his said justice in the said parliament upon the treasonable crimes and transgressions within contained, after the tenor of this summons in all points; and this I did before these witnesses: William Duncan, Andrew Thomson and Henry Douglas; and for the more witnessing, my signet is hereto affixed. On 8 August 1581, I, the said Lewis Thornton, messenger and sheriff in that part aforesaid, at command as said, lawfully and peremptorily summoned Andrew Gray of Dunninald by open proclamation at the market cross of Forfar and affixed a copy of these letters thereupon to compear before our said sovereign lord and his highness's justice on 25 October 1581, in his highness's parliament to begin at Edinburgh on 24 October, in the hour of cause, with continuation of days, to answer to his highness and his said justice in the said parliament upon the treasonable crimes and transgressions within contained, after the form and tenor of this summons in all points; and this I did before these witnesses: William Duncan, Andrew Thomson and Henry Douglas; and for the more witnessing, my signet is hereto affixed. On 8 August 1581 and 22 October 1581, I, the said Lewis Thornton, messenger and sheriff in that part aforesaid, at command as said is, lawfully and peremptorily summoned Patrick Stewart, Alexander Guthrie, soldier, William Brown, also soldier, Henry Bain, Archibald Ogilvy of Latoun, John Smith, servant to the young laird of Leys, Alexander Garden, son to the laird of Leys, and Robert Bruce, servant to the Lord Ogilvy, witnesses within written, all personally apprehended, to compear before our sovereign lord and his highness's justice day and place within written, in the hour of cause, with continuation of days, to bear loyal and steadfast witnessing in so far as they know or shall be examined of them in the said matter within written, under all pain of law; and this I did before these witnesses respectively: Andrew Thomson, Archibald Graham and Henry Douglas and William Duncan; and for the more witnessing hereof, my signet is hereto affixed.

And thereafter the said advocate repeated the act made in presence of the said lords commissioners of parliament on 25 October 1581, bearing the production of the said summons of treason and that the aforesaid executions and endorsements thereof were proven and verified by the said officer and witnesses, according to the said act, for probation of that part of the said summons, according to the accustomed order used in such cases of before; and also repeated the whole writs, with the depositions of the said witnesses and notoriety of the deeds contained in the said summons, produced likewise by him for proving of the reasons of the said summons before the lords of articles, after that the same reasons were found relevant by them for proving of the same, and therefore desired the king's majesty and whole estates now presently convened to advise therewith and thereafter to give out their declaration; and the said Andrew Gray of Dunninald, being often times called and not compearing, likewise as he was diverse times of before called both before the said lords commissioners and lords of articles and also not compearing, which whole writs, depositions of witnesses and others particularly above-written he repeated for proving of the reasons of the said summons, which being seen and considered by the king's grace and three estates aforesaid find, decree and declare the reasons of the said summons to be relevant and also sufficiently proven, likewise as was found of before by the said lords of articles, and therefore the king's majesty and three estates of this present parliament ordain the doom to be pronounced by the mouth of Andrew Lindsay, dempster depute of this present parliament, and sworn of before, of the which doom the tenor follows, pronounced by the said Andrew Lindsay:

This court of parliament shows for law that the said Andrew Gray of Dunninald has committed and done treason in his treasonable art, part, counsel and help given and administered by him in his audacious and unjust burning of a part of the castle and fortalice of Redcastle and raising of fire within and outwith the same at two several times, in manner above-written, contained in the said two reasons of the said summons, and in the detaining and withholding of the place, castle, tower and fortalice aforesaid, after he was charged by our sovereign lord's officers to deliver the same, and for not leaving of his besieging thereof, he being charged thereto of before, which charges he utterly refused in manner above-specified contained in the said reasons, likewise as was clearly verified and proven in presence of the king's majesty and three estates of this present parliament; and therefore decrees and declares all his goods, moveable and unmoveable, as well lands as offices and others belonging to him, to be confiscated to our said sovereign lord and to remain with his highness perpetually in property, and his person to underlie the pain of treason and last punishment appointed by the laws of this realm. Upon the which pronunciation and declaration the said advocate asked instruments.

1. NAS, PA2/12, ff.56v-57v. Back
2. NAS, PA2/12, f.57v. Back
3. NAS, PA2/12, ff.57v-61r. Back
4. Identity not yet ascertained. Back
5. Identity not yet ascertained. Back
6. Possibly Sir Robert Bowes, resident English ambassador at the Scottish court. Back
7. NAS, PA2/12, ff.62r-63r. Back
8. NAS, PA2/12, ff.63v-65v. Back
9. The Latin grammar of this clause confuses singular and plural. The intended sense, however, appears clear. Back