[1584/5/71]*[print] [email] [cite] [preceding] [following]
The which day, Master David MacGill of Nisbet [and Cranstoun-Riddel], 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's highness's justice against Archibald [Douglas], earl of Angus, lord Douglas, etc., John [Erskine], earl of Mar, lord Erskine, Dame Agnes Drummond, countess of Mar, younger, Dame Annabella Murray, countess of Mar, elder, Master Thomas Lyon of Baldukie, master of Glamis, Dame Agnes Gray, lady Home, his spouse, Dame Margaret Lyon, countess of Cassilis, Dame Dorothea Stewart, countess of Gowrie, Adam [Erskine], commendator of Cambuskenneth, David [Erskine], commendator of Dryburgh, William [Erskine], commendator of Paisley, Master James Erskine, brother to Robert Erskine, apparent heir of Little Sauchie, John Leslie of Balquhain, George Douglas of Parkhead, James and George Douglas, his sons, James Douglas of Todholes, John Douglas of Glaspen, [...] Douglas, son and apparent heir to William Douglas of Bonkle, Robert Douglas, younger, of Lochleven, Laurence [Oliphant], master of Oliphant, John [Forbes], master of Forbes, Patrick Drummond, apparent of Carnock, John Carmichael, younger, of that Ilk, Hugh Carmichael, his son and apparent heir, William Carmichael of Rowantreecorse, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, Hugh Nisbet of Raschill, Patrick Home of Argaty, John Leslie of Largie, James Hamilton of Haggs, Robert Hamilton of the Carse, Arthur Hamilton, called of Bothwellhaugh, Master John Colville, chanter of Glasgow, Master Patrick Whitelaw of Newgrange, John Arbuthnott, apparent heir of Lyntusk, and James Murray of Pardowis, whereby they were summoned to compear before our said sovereign lord and his justice on 20 August 1584, with continuation of days, in his highness's parliament to have begun the said day, in the hour of cause, with continuation of days, to have answered upon the crimes and points of treason and lese-majesty underwritten contained in the said summons, and therefore to have heard them and each one of them decreed and declared to have incurred the said crimes specified therein for the causes underwritten, 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, Marchmont, heralds, John Ferguson, Robert Stewart, David Bryson, macers, Ormond, Bute, Unicorn, Carrick, pursuivants etc., messengers, and to any of them jointly and separately, our sheriffs in that part. We order and instruct you to summon lawfully and peremptorily before witnesses the following: Archibald, earl of Angus, John, earl of Mar, Agnes Drummond, countess of Mar, his wife, Annabella Murray, countess of Mar, elder, mother of the said earl, Thomas Lyon of Baldukie, master and tutor of Glamis, Agnes Gray, lady Home, his wife, Margaret Lyon, countess of Cassilis, his sister, Dorothea Stewart, countess of Gowrie, David Erskine, commendator of Dryburgh, Adam Erskine, commendator of Cambuskenneth, William Erskine, commendator of Paisley, John Carmichael of that Ilk, younger, Hugh Carmichael, his son, Patrick Drummond, apparent heir of Carnock, John Leslie of Balquhain, Master William Leslie, his brother, Robert Erskine, apparent heir of Little Sauchie, Master James Erskine, his brother, George Douglas of Parkhead, James Douglas and George Douglas, his sons, James Douglas of Todholes, John Douglas of Glaspen, William Douglas of Bonkle, William Douglas, his son, William Carmichael of Rowantreecorse, William Cunningham, second-born son of the lord of Drumquhassle, Michael and William Elphinstone, brothers of Robert [Elphinstone], lord Elphinstone, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, William Lyon of Balgellie, John Livingstone of Dunipace, younger, Master John Colville, precentor of Glasgow, Master Patrick Whitelaw of Newgrange, Hugh Nisbet of Raschehill, Patrick Home of Argaty, John Leslie of Largie, John Leslie of Auquhorties, otherwise called Bannachie, Robert Douglas, younger, of Lochleven, Laurence, master of Oliphant, Uchtred MacDowall of Garthland, Uchtred MacDowall, his son and apparent heir, James Hamilton of Haggs, Robert Hamilton of Corss, John, master of Forbes, John Arbuthnott, younger, of Lyntusk, Arthur Hamilton of Bothwellhaugh and James Murray of Pardoves; as conspirators, perpetrators and concealers of the following crimes of lese-majesty, in person if you can conveniently have their personal presence, otherwise at their dwelling places or by public proclamation at the market crosses of our burghs of Edinburgh, Haddington, Lanark, Dumfries, Stirling and other places as necessary where they spend time or live outwith our kingdom or having no fixed abode within it, at the said market crosses and other necessary places, on 60 days' warning if a summons of this kind could reasonably have reached their ears and notice, that that they should compear before us or our justice on 20 August next in our parliament at Edinburgh to be held on the [...] of the foresaid month at the hour for hearing causes, with continuation of days, to answer to us or our justice in the foresaid parliament regarding the following treasonable crimes, namely the foresaid earls Archibald, earl of Angus and John, earl of Mar, their accomplices and others specified above and any of them, in respect of their recent treasonable conspiracies and their execution in the following fashion: it is clearly established and known that in April in the year of the Lord 1578, immediately after our acceptance of the direction of power in our own person, after mature deliberation by our estates, and while we were remaining within our said castle of Stirling, which was at the time entrusted to our most loyal and beloved Alexander Erskine of Gogar - as warden, by the unanimous consent of our nobles and consuls, and who was sprung from the ancient and outstanding family of Erskine, and had been generally approved as worthy of this responsibility - the said John, earl of Mar, retaining nothing of his original loyalty with [...] settling by his decision, now seen as unworthy on account of the horrible crimes now committed by him, treasonably captured our said castle, [and] the said Alexander Erskine, its captain, was violently driven out and removed, with various other noble men who had been authorised by our council to remain with us for the stronger security of our person and the protection of the entire state; and that [was done with] the utmost force and violence exerted by the foresaid John, earl of Mar and David Erskine, commendator of Dryburgh, Adam Erskine, commendator of Cambuskenneth, William, commendator of Paisley, Robert Erskine, apparent heir of Little Sauchie, Master James Erskine, his brother, his accomplices, who suddenly removed our domestic servants at their will, and brought in other people related to them and of their faction, with the definite plan and deliberate intention to condemn us to subjection to them and detain us, and now as it seemed best to them promoted these people, and through their hatred pursued and oppressed our nobles and loyal lieges, and in this crime did not spare their blood and kin, some of whom, smitten by grief, met their death, and in the most atrocious shedding of the blood of our loyal people, had any restraint or modesty, especially within the gates of our said castle (while we were living in it), it and all the plain for four miles around it was always a stronghold of peace, an altar and asylum, and still is; the foresaid earl and his accomplices, wishing the treasonable crime to be approved as an honourable act, compelled the officers violently detained by them to set up and hold a parliament within the said castle in the month of July in the foresaid year; and they, by the method already mentioned, made themselves superiors and masters of this castle, and detained us imprisoned there, against the desire of our heart, with a garrison of armed men. This place has always been considered unsuitable for the holding of a parliament, since by the custom of our ancestors and observing ancient tradition parliaments are to be held in districts and towns which have free access and exit, where every one of the nobles and of the three estates of the realm can speak freely and cast votes, not in castles, citadels and fortresses, their vestibules, gates and doors surrounded on all sides by a garrison of armed soldiers despatched for this purpose by the said earl, allowing none of our nobles or estates to enter, and such was the host which accompanied him that access was opened up and allowed for his accomplices and the foresaid despatched band; even when protest had been delivered, in defiance of good order and a place where parliament is held, in which however he had achieved the approval, for himself and his forementioned accomplices, of his foresaid treasonable crime as a loyal service; and all of this was carried out to enhance the favour and advancement of such people who were the perpetrators of the unspeakable murder of [Henry Stewart, lord Darnley], our late dearest father; namely the late James [Stewart], formerly earl of Morton, and his other associates who were convicted of the same crime and properly suffered the due and accustomed death of traitors. Afterwards, on account of the common peace of the state and the risk to our security from the forementioned audacity, we embraced with benevolence our friend the said earl of Mar and with rewards and munificent largesse we, abundantly compensated, have enhanced his pristine dignity above other nobles, the more firmly and better to bind him to us and to the duty owed to us, with such loyalty and singular attentiveness as his late father and paternal uncle the forementioned Alexander Erskine and his other ancestors formerly treated us and our most noble ancestors, with constant extreme diligence; and yet he pursued nefariously and boldly another resolve against us and our intention, not listening to our frequently offered healthy advice, by which he could correct himself and abstain from treason of this kind; he at no time however desisted from further stirring up of sedition and fomenting disputes; influenced by this situation our loyal subjects gathered in arms, while our noble person was detained and imprisoned in the said castle, as if in a prison, by the said earl and his accomplices in the manner described above; as they learned in what condition we were and what health we were enjoying, they did not cease from endangering their lives and exposing themselves to death, for our safety and freedom. Therefore they assembled at Falkirk in August in the said year, at which time the said earls of Mar, Morton and Angus and their accomplices, detaining our noble person subject to their power in our castle as has been said, forced us against our will to direct proclamations to gather our lieges whereby through honest affection by which our said loyal subjects had been enticed for the regaining of our liberty, and by public proclamation, when other lieges of ours obediently gathered, the said earls and their accomplices did whatever they could to entice one part of our subjects to rush suddenly to arms to the extreme loss of the rest, and to bloody murder and to begin battle, so that the more easily this native land, our noble person, the public estate and the royal authority could become more vulnerable to a foreign race, and prey to its enemies, if it had not been the case that we, full of the singular wisdom of almighty God and the providence of the divinity granted to us, soon compeared and calmed the said turmoils and tumults which had been stirred up. Besides the said earls of Mar and Angus persevered in the treacheries they had embarked upon, and encouraged their accomplices in the same, particularly when the said late James, formerly earl of Morton, for art and part, his foreknowledge and concealment of the horrible and nefarious murder of our dearest father, informed on as complicit, thus being imprisoned in our castle of Edinburgh, and shortly thereafter ordered to be transported to our castle of Dumbarton, the foresaid Archibald, earl of Angus, John Carmichael of that Ilk, younger, Hugh Carmichael, his son, George Douglas of Parkhead, and James and George Douglas, his sons, in a treasonable way, conspiring, working towards and implementing the violent taking and removal of the said late earl from the hands of our loyal subjects who had our commission to carry out their task, and that in January in the year of the Lord 1580 [1581], gathered with their accomplices ready for war next to the crag of Braid, with the intention and the certain plan to intercept, seize and by force of arms remove the said late earl; to this end they directed the late Archibald Douglas, formerly constable of the castle of Edinburgh, who recently suffered the death penalty, ordering him to indicate and inform the governor of the castle to detain the said late earl and keep him with him under observation. Meantime, our order to transfer him having clearly been given, as has been said, hence the said earl of Angus and his forementioned accomplices most manifestly committed the crimes of treason and lese-majesty, and on account of this and other treasonable crimes were deemed convicted and forfeit in our parliament held in Edinburgh in October in the year of the Lord 1581. However, the foresaid John, earl of Mar, clearly understanding that the said earl of Angus was in those circumstances, and that he had incurred for the forementioned reasons our indignation, none the less made his way into the castle of Stirling, received, treated in a welcome fashion, pacts, conspiracies and various consultations, and initiated their execution on his own account and deliberated regarding them, in great contempt of us, the whole land, and to the overthrow of the common peace; and thus, not yet satisfied, indeed persisting further, embarked not only on the total subversion of this realm but also on bringing peril to the royal security and authority. After, with the favour of God the greatest and best, our loyal and honourable kinsman the late Esme [Stewart], duke of Lennox, outstandingly overflowing with virtue and a sincere professor of religion, set out from his native France and made for here, on account of the incomparable dedication he showed towards us. In this, when he declared himself very loyal, upright and deferential, and honourably performed the duty of a loyal attitude, they, learning that they were guilty of the foresaid treason, crimes and conspiracies, and fearing that in the investigation and exposure of these the foresaid late noble lord duke would treat very seriously on account of our health and safety, and fearing that as a result of his assiduity and integrity the rest of the impact and force of their conspiracy would be held back, did not stop going ahead with it, until they treasonably conspired with the late William [Ruthven], formerly earl of Gowrie, lord Ruthven, to seize our noble person and hold it captive at his castle of Ruthven, and this on 23 August in the year of the Lord 1582. At that time, they approached our loyal and beloved councillors and other good lieges to enslave us and most cruelly attacked them to kill and murder them, and wounded them, then took captive some of the councillors and other loyal subjects of ours and put them under guard and removed office bearers, and against our will forced instructions from us to be given to our said late dearest and most loyal kinsman, and saw to his being banished with unheard of speed from the borders of this realm; they led our person, at their whim and desire, here and there, accompanied by a large band of their associates, over the space of the ten ensuing months, with the definite plan and deliberate intention to subject us in perpetuity to this kind of yoke of servitude and detain us, if it had not been the case that by the ineffable benevolence and help of the Omnipotent we had took ourselves away from there on 26 June last. These impious crimes now investigated and the unspeakable acts of treason exposed are most certain indications that they were from the beginning the instigators, defenders and promoters of those who in fact conspired, embarked on the plan, supported it, and perpetrated the most cruel murder of our late dearest father. For this reason indeed certain individuals suffered death condignly, as is prescribed. From the above-mentioned it is clearer than the midday sun that they maliciously and most treasonably always conspired against us, our safety, dignity, crown and royal authority. Nevertheless, we mildly exercised clemency, ineffable humanity and such modesty in regaining our freedom that not a single author of that treasonable captivity and imprisonment of ours was seen to have incurred or sustained the danger of death or loss of lands and goods. And so all the forementioned crimes and acts of treason most impiously committed by the said earls of Angus and Mar and their fellow criminals and conspirators named in detail above, because of our flourishing mercy and leniency partly, at the time, were masked by the granting of a pardon, and passed unavenged, and partly by the said parliament held in the said castle were approved as loyal service; otherwise by our natural clemency and mildness they were simply forgiven and committed to oblivion and were pardoned. It would be entirely appropriate for [even] a mountain to be stirred and roused by these merits and favours [given] to any loyal and dear subject, not to do everything by hands and feet so that in turn we might gain some advantage from his obedience and attentiveness towards us, but rather it was extremely necessary to oppose and struggle to the best of our strength against his shameful action and treasonable crime, which flew in the face of of us, our royal authority and our lieges. Nonetheless, disregarding and spurning all this, the foresaid Archibald, earl of Angus, John, earl of Mar, Agnes Drummond, countess of Mar, his wife, Annabella Murray, countess of Mar, elder, mother of the said earl, Thomas Lyon of Baldukie, master and tutor of Glamis, Agnes Gray, lady Home, his wife, Margaret Lyon, countess of Cassilis, his sister, Dorothea Stewart, countess of Gowrie, David Erskine, commendator of Dryburgh, Adam Erskine, commendator of Cambuskenneth, William Erskine, commendator of Paisley, John Carmichael of that Ilk, younger, Hugh Carmichael, his son, Patrick Drummond, apparent heir of Carnock, John Leslie of Balquhain, Master William Leslie, his brother, Robert Erskine, apparent heir of Little Sauchie, Master James Erskine, his brother, George Douglas of Parkhead, James Douglas and George Douglas, his sons, James Douglas of Todholes, John Douglas of Glaspen, William Douglas of Bonkle, William Douglas, his son, William Campbell of Rowantreecorse, William Cunningham, second-born son of the lord of Drumquhassle, Michael and William Elphinstone, brothers of Robert, lord Elphinstone, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, William Lyon of Balgellie, John Livingstone of Dunipace, younger, Master John Colville, precentor of Glasgow, Master Patrick Whitelaw of Newgrange, Hugh Nisbet of Raschehill, Patrick Home of Argaty, John Leslie of Largie, John Leslie of Auquhorties, otherwise called Bannachie, Robert Douglas, younger, of Lochleven, Laurence, master of Oliphant, Uchtred MacDowall of Garthland, Uchtred MacDowall, his son and apparent heir, James Hamilton of Haggs, Robert Hamilton of Corss, John, master of Forbes, John Arbuthnott, younger, of Lyntusk, Arthur Hamilton of Bothwellhaugh and James Murray of Pardoves, together with their accomplices and supporters, from their causation, direction, instigation, approval, orders assistance and support, persevering in their treasonable plans and their executions which they undertook against us, our royal person and authority and the royal crown, in the months of November, December, January, February, March and April past, most treasonably communicated, treated, consulted and plotted, and by the agency of certain people eventually decided, with the foresaid late William, formerly earl of Gowrie, on the unspeakable and treasonable action of intercepting and laying violent hands on our noble person so that we would once more, in a familiar fashion, and by their power and scrupulousness, be totally subject to their will and whim. Accordingly, in order to lay bloody hands on our person and those of our noble councillors and the ruin of loyal subjects, the complete overthrow of the state and subversion of our authority, at length after many private conspiracies, sending and receiving of letters from here and there, intelligence received through messengers, the more easily to put their treasonable and nefarious conspiracies into effect, at length the foresaid conspirators and their accomplices, on 17, 18, 19, 20, 21, 22, 23, 24 and 25 April last gathered in arms, attacked our free burgh of Stirling and took it, took captive the bailies and magistrates of the same, strongly fortified the bridge, bell tower and various other parts of the said burgh, summoned mercenaries, and close to the south fortifications opened up an easy route through adjacent walls, and next to the school built a wall of stones and rocks, part of which remains undismantled, and attacked our castle of Stirling strenuously and with extreme force, and forced a few of our loyal lieges guarding it to abandon it and give themselves up; they then committed them to very close custody as prisoners; John Gledstanes, Ormond herald, and other messengers of ours who were directed to proclaim our letters in public at the square of our said free burgh, they stopped these letters being duly put into effect and violently took them from them and made them public proclamations for the hiring of mercenaries, expressly contrary to the statutes of parliament and in clear violation of the law. Nor were they sated and satisfied with the perpetration of all these crimes; they stocked our foresaid castle of Stirling with armed men, war supplies and food supplies, and strenuously fortified it, with the definite plan and resolve to hold and defend it tenaciously and treasonably against us and our royal authority. Deservedly moved by this situation, we sedulously mustered an army to attack and retake the said castle and burgh, and we proceeded diligently. Hence, having committed boldly and rashly the crime of extreme treason and lese-majesty, and in great contempt of our authority and in violation of the law, and thus for their treasonable concealment and hiding of the foresaid conspiracy, their consultation, decision, contract and execution of the same, [in respect of the following people], Archibald, earl of Angus, John, earl of Mar, Agnes Drummond, countess of Mar, his wife, Annabella Murray, countess of Mar, elder, mother of the said earl, Thomas Lyon of Baldukie, master and tutor of Glamis, Agnes Gray, lady Home, his wife, Margaret Lyon, countess of Cassilis, his sister, Dorothea Stewart, countess of Gowrie, David Erskine, commendator of Dryburgh, Adam Erskine, commendator of Cambuskenneth, William Erskine, commendator of Paisley, John Carmichael of that Ilk, younger, Hugh Carmichael, his son, Patrick Drummond, apparent heir of Carnock, John Leslie of Balquhain, Master William Leslie, his brother, Robert Erskine, apparent heir of Little Sauchie, Master James Erskine, his brother, George Douglas of Parkhead, James Douglas and George Douglas, his sons, James Douglas of Todholes, John Douglas of Glaspen, William Douglas of Bonkle, William Douglas, his son, William Carmichael of Rowantreecorse, William Cunningham, second-born son of the lord of Drumquhassle, Michael and William Elphinstone, brothers of Robert, lord Elphinstone, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, William Lyon of Balgellie, John Livingstone of Dunipace, younger, Master John Colville, precentor of Glasgow, Master Patrick Whitelaw of Newgrange, Hugh Nisbet of Raschehill, Patrick Home of Argaty, John Leslie of Largie, John Leslie of Auquhorties, otherwise called Bannachie, Robert Douglas, younger, of Lochleven, Laurence, master of Oliphant, Uchtred MacDowall of Garthland, Uchtred MacDowall, his son and apparent heir, James Hamilton of Haggs, Robert Hamilton of Corss, John, master of Forbes, John Arbuthnott, younger, of Lyntusk, Arthur Hamilton of Bothwellhaugh and James Murray of Pardoves - by ourselves and by the three estates of our realm it has been decreed and decide that they, and any of them, as conspirators, traitors, and perpetrators, should be seen and heard, and have incurred a charge of lese-majesty, in respect of the foregoing, also for the aforesaid and for very many other acts of rebellion and transgression, and treasonable crimes, committed impiously and nefariously by the forenamed persons, against us, our kingdom and our royal authority; also that they should present and show themselves on the said day and 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, following the laws of our realm, namely the said persons who were conspirators, traitors and concealers, and any of them respectively, of the foresaid crimes, for seeing and hearing, themselves and any of them, on the basis of the foregoing, it is decreed and declared 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, movable and immovable, lands and offices and everything else relating to them is confiscated by us and in perpetuity remains our property, and their persons suffer the penalty of treason and of the ultimate punishment imposed by the laws of our realm; and further it is intimated to the foresaid conspirators and to any of them that they must answer these charges and obey the law, whether they compear on the said day and in the said place with continuation of days, or not, we and our said justice shall proceed in regard to the foregoing in line with justice. Further, you shall cite etc. to compear before us or our justice on the said day and in the same place with continuation of days, in order to provide faithful testimony in the foresaid case, under pain of the law, and you are to render this letter, duly executed and endorsed to its bearer. You who have had writs served on you in person are to be on the said day and in the same place, in the presence of us or our said justice, bearing with you written proof of your summons, or witnesses themselves. To carry this out we give authority to you, and any of you, our sheriffs in that part. Given under testimony of our great seal, in Edinburgh on 25 May in the year of the Lord 1584 and in the seventeenth year of our reign.
Here follows the executions and endorsements of the said summons on 8 June 1584, I, Richard Binning, messenger, one of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters given under the testimonial of his great seal to the market cross of Edinburgh, being the head burgh of this realm, and there, by open proclamation, I, lawfully and peremptorily summoned, warned and charged Archibald [Douglas], earl of Angus, John [Erskine], earl of Mar, Agnes Drummond, countess of Mar, his spouse, Annabella Murray, countess of Mar, his mother, Thomas Lyon of Baldukie, tutor of Glamis and master thereof, Dame Agnes Gray, lady Home, his spouse, Dame Margaret Lyon, countess of Cassilis, his sister, Dorothea Stewart, countess of Gowrie, Adam [Erskine], commendator of Cambuskenneth, David [Erskine], commendator of Dryburgh, William [Erskine], commendator of Paisley, Master James Erskine, brother to Robert Erskine, apparent heir of Little Sauchie, John Leslie of Balquhain, Master William Leslie, his brother, Michael and William Elphinstone, brother to Robert [Elphinstone], lord Elphinstone, George Douglas of Parkhead, James and George Douglas, his sons, James Douglas of Todholes, John Douglas of Glaspen, William Douglas of Bonkle, William Douglas, his son and apparent heir, Robert Douglas, younger, of Lochleven, Laurence [Oliphant], master of Oliphant, John [Forbes], master of Forbes, William Cunningham, son to the laird of Drumquhassle, Patrick Drummond, apparent heir of Carnock, John Livingstone, younger of Dunipace, John Carmichael, younger, of that Ilk, Hugh Carmichael, his son, William Carmichael of Rowantreecorse, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, Hugh Nisbet of Raschill, Patrick Home of Argaty, John Leslie of Largie, James Hamilton of Haggs, Robert Hamilton of Carse, Arthur Hamilton of Bothwellhaugh, Master John Colville, chanter of Glasgow, Master Patrick Whitelaw of Newgrange, John Arbuthnott, son to James Arbuthnott of Lyntusk, James Murray of Pardowis as persons fugitive from the laws and out of the realm. And likewise on 18 June 1584, I peremptorily and lawfully summoned Dame Margaret Lyon, countess of Cassilis, personally apprehended, and delivered to her a just copy hereof, the said whole persons above-written to compear before our sovereign lord and his highness's justice on 20 August 1584, in the hour of cause, with continuation of days, in his majesty's parliament to be held at Edinburgh the said day and month, to answer to his highness or his justice upon the treasonable crimes within contained, after the form and tenor hereof in all points, whereof I affixed a just copy on the said market cross of Edinburgh. And this I did before these witnesses: Lewis Thornton, Robert Fraser, John Fraser, messengers, and Allan Denis, my servant, with diverse others. For the more verification hereof, to this my execution and endorsement subscribed with my hand, my signet is affixed. It is thus subscribed, Richard Binning.
†I, John Brown, messenger, another of the sheriffs in that part within specially constituted, passed, at command of these our sovereign lord's letters, given under the testimonial of his majesty's great seal, to the market crosses of the burghs respectively after-specified, upon the days respectively following, namely, on 11 June 1584 to the market crosses of Cupar in Fife and Kinross, on 12 June 1584 to the market cross of Perth, on June 1584 to the market cross of Forfar, on 15 June 1584 to the market cross of Aberdeen, on 17 June 1584 to the market crosses of Banff and Elgin, on 19 June 1584 to the market cross of Inverness, and at the said crosses respectively lawfully summoned, warned and charged Archibald [Douglas], earl of Angus, John [Erskine], earl of Mar, Agnes Drummond, countess of Mar, his spouse, Annabella Murray, countess of Mar, his mother, Thomas Lyon, tutor of Glamis, Agnes Gray, lady Home, his spouse, Dorothea Stewart, countess of Gowrie, Adam Erskine, commendator of Cambuskenneth, David Erskine, commendator of Dryburgh, William Erskine, commendator of Paisley, Robert Erskine, apparent heir of Little Sauchie, Master James Erskine, his brother, John Leslie of Balquhain, Master William Leslie, his brother, Michael Elphinstone, brother to Robert [Elphinstone], lord Elphinstone, George Douglas of Parkhead, James and George Douglas, his sons, James Douglas of Todholes, John Douglas of Glaspen, William Douglas of Bonkle, William Douglas, his son and apparent heir, Robert Douglas, younger, of Lochleven, Laurence [Oliphant], m[aster of][Oli]phant, John [Forbes], master of Forbes, Patrick Drummond, apparent heir of Carnock, John Livingstone, [younger], of Dunipace, John Carmichael, younger, of that Ilk, Hugh Carmichael, his son, William Car[michael] of Rowantreecorse, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, Hugh Nisbet of Raschill, Patrick Home of Argaty, John Leslie of Largie, John Leslie of Auquhorties, Uchtred MacDougall of Garthland, Uchtred MacDougall, his son and apparent heir, James Hamilton of Haggs, Robert Hamilton of Carse, Arthur Hamilton of Bothwellhaugh, Master John Colville, chanter of Glasgow, Master Patrick Whitelaw of Newgrange, John Arbuthnott, son to James Arbuthnott of Lyntusk, James Murray of Pardowis, and that by open proclamation, as persons being fugitive from the law and out of the realm. And likewise at command aforesaid I passed on 11 June 1584 to the place of Newhouse, where the said Robert Douglas, younger, of Lochleven lived and made residence, on 12 June 1584 to the dwelling houses in Perth where the said Dorothea Stewart, countess of Gowrie and Master Patrick Whitelaw of Newgrange made their residence, to the place of Monzie where the said Patrick Drummond, younger, of Carnock lived and made residence, on 13 June 1584 to the place of Newtyle where the said Laurence [Oliphant], master of Oliphant lived and made residence, to the place of Glamis where the said Thomas Lyon, master and tutor of Glamis and Agnes Gray, lady Home, his spouse, lived and made their residence, to the place of Cossins [where] the said John Lyon, younger, of Cossins made residence, on 14 June 1584 to the place of Easter Ogil where the said James Lyon made his residence, on 16 June 1584 to the place of Auquhorties where the said J[ohn] Leslie of Auquhorties, alias Bannachy, made his residence, to the place of Balquhain where the said John Leslie of Balquhain and Master William Leslie, his brother, lived and made their residence, to the place of Pettochie where the said John [Forbes], master of Forbes lived and made residence, to the place of Lyntusk where the said John Arbuthnott made residence. After I had duly and sundry times knocked at the gates of the said places respectively, according to the act of parliament made thereupon, and affixed and left a just copy on each one of the said gates, and there I lawfully and peremptorily [summoned]† the said persons in manner above-specified. And also on 10 and 14 June 1584, I lawfully summoned William Elphinstone, brother to Robert, lord Elphinstone, and William Lyon of Balgillie, both personally apprehended, and delivered to each one of them a just copy, the whole persons particularly above-written to compear before our sovereign lord and his highness's justice on 20 August 1584, in the hour of cause, with continuation of days, in his majesty's parliament to be held at Edinburgh, the [...] day of the said month, to answer to his highness or his justice in the said parliament upon the treasonable crimes within contained, after the form and tenor of these letters in all points, whereof I affixed an authentic copy on each one of the said crosses respectively. This I did before these witnesses respectively, Andrew Moody, James Aikman, John Henryson, Andrew Stoup, James Brown, John Ga, George Sully, John Garvie, William Spaden, Gilbert Guthrie, Alexander Knows, William Murray, William Duncan, Alexander Cu[...], John Horn, John Brown, and John Cunningham, with diverse others. For the more [veri]fication hereof, my signet is hereto affixed and subscribed with my hand. It is thus subscribed, John Brown, messenger, with my hand.
†I, William Forsyth, messenger, another of [...] sheriffs in that part within constituted, passed at command of these our sovereign lord's letters, given under the testimonial of his great seal, to the market crosses of the burghs [ther]eafter specified on the days respectively following, namely, on 12 June 1584 to the market cross of Stirling, on 14 June 1584 to the market cross of Renfrew and Glasgow respectively, on 15 June 1584 to the market cross of Lanark, on 18 June 1584 to the market cross of Dumfries, on 19 June 1584 to the market cross of Wigtown, and at the said crosses respectively I lawfully summoned, warned and charged Archibald, earl of Angus, John, earl of Mar, Agnes Drummond, countess of Mar, his spouse, Annabella Murray, countess of Mar, his mother, Thomas Lyon, tutor and master of Glamis, Agnes Gray, lady Home, his spouse, Dorothea Stewart, countess of Gowrie, Adam, commendator of Cambuskenneth, David, commendator of Dryburgh, William, commendator of Paisley, Master James Erskine, brother to Robert Erskine, apparent heir of Little Sauchie, John Leslie of Balquhain, Master William Leslie, his brother, George Douglas of Parkhead, James and George Douglas, his sons, James Douglas of Todholes, John Douglas of Glaspen, William Douglas, son to William Douglas of Bonkle, Robert Douglas, younger, of Lochleven, Laurence, master of Oliphant, John, master of Forbes, Patrick Drummond, apparent heir of Carnock, John Livingstone, younger, of Dunipace, John Carmichael, younger, of that Ilk, Hugh Carmichael, his son, William Carmichael of Rowantreecorse, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, Hugh Nisbet of Raschill, Patrick Home of Argaty, John Leslie of Largie, James Hamilton of Haggs, Robert Hamilton of Carse, Arthur Hamilton of Bothwellhaugh, Master John Colville, chanter of Glasgow, Master Patrick Whitelaw of Newgrange, James Murray of Pardowis, John Arbuthnott, younger, of Lyntusk, and that by open proclamation, as persons being fugitive from the laws and out of the realm. And likewise, at command aforesaid, passed on 12 June 1584 to the place of Alloway where the said John, earl of Mar, Agnes Drummond, his spouse, Master James Erskine and Patrick Home of Argaty, his servants, lived and made their residence, to the place of Cambuskenneth where the said Adam Erskine, commendator thereof, lived and made his residence, to the dwelling house in Stirling where the said Annabella Murray, countess of Mar and Master John Colville, chanter of Glasgow, lived and made their residences respectively; on 13 June 1584 to the place of Cardross where the said David Erskine, commendator of Dryburgh, lived and made his residence, to the place of Dunipace where the said John Livingstone, younger, of Dunipace lived and made his residence; on 14 June 1584 to the place of Paisley where the said William Erskine, commendator thereof, made his residence; on 15 June 1584 to the place of Haggs where the said James Hamilton of Haggs made his residence; on 16 June 1584 to the place of Todholes where the said James Douglas of Todholes lived and made his residence, to the place of Carmichael where the said John Carmichael, younger, and Hugh Carmichael, his son, made their residence, to the place of Parkhead where the said George Douglas of Parkhead, James and George Douglas, his sons, lived and made residence, to the place of Douglas where the said Archibald, earl of Angus lived and made residence, to the place of Glaspen where the said John Douglas lived and made residence, to the place of Rowantreecorse where the said William Carmichael thereof made his residence; on 22 June 1584 and 24 June 1584 respectively, lawfully summoned William Cunningham, second son to the laird of Drumquhassle, personally apprehended, and delivered to him a just copy hereof. And after I had duly knocked at the gates of the said places respectively, according to the act of parliament, I affixed and left a just copy on each one of the said gates, and likewise I lawfully and peremptorily summoned the whole persons respectively above-written to compear before our said sovereign lord and his highness's justice on 20 August 1584, in the hour of cause, with continuation of days, in his majesty's parliament to be held at Edinburgh the same day of the said month, to answer to his highness or his justice in the said parliament upon the treasonable crimes contained in these our sovereign lord's letters, after the form and tenor thereof in all points, whereof I affixed a just copy on each one of the said crosses respectively. This I did before these witnesses, John Miller, John Knox, Thomas Muir and Martin Gray, with diverse others. And for the more verification hereof to this my execution subscribed with my hand, my signet is affixed. It is thus subscribed, William Forsyth, messenger, with my hand.
I, John Adie, messenger, another of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters under the testimonial of the great seal to the market crosses of the burghs after-specified, upon the days respectively following, namely, on 12 June 1584 to the market cross of Haddington, on 14 June 1584 to the market crosses of Duns and Lauder respectively, on 15 June 1584 to the market crosses of Jedburgh and Selkirk respectively, and at the said crosses respectively lawfully summoned, warned and charged Archibald, earl of Angus, John, earl of Mar, Agnes Drummond, countess of Mar, his spouse, Annabella Murray, countess of Mar, his mother, Thomas Lyon, master and tutor of Glamis, Agnes Gray, lady Home, his spouse, Adam, commendator of Cambuskenneth, David, commendator of Dryburgh, William, commendator of Paisley, Master James Erskine, John Leslie of Balquhain, Master William Leslie, his brother, George Douglas of Parkhead, James and George Douglas, his sons, James Douglas of Todholes, John Douglas of Glaspen, William Douglas, son to William Douglas of Bonkle, Robert Douglas, younger, of Lochleven, Laurence, master of Oliphant, John, master of Forbes, Patrick Drummond, younger, of Carnock, John Livingstone, younger, of Dunipace, John Carmichael, younger, of that Ilk, Hugh Carmichael, his son, William Carmichael of Rowantreecorse, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, Hugh Nisbet of Raschill, Patrick Home of Argaty, John Leslie of Largie, James Hamilton of Haggs, Robert Hamilton of Carse, Master John Colville, Master Patrick Whitelaw, John Arbuthnott and James Murray of Pardowis, and that by open proclamation, as persons fugitive from the laws and out of this realm. And likewise at command aforesaid, I passed on 12 June 1584 to the place of Fenton, where the said John Carmichael, younger, and Hugh Carmichael, his son, lived, and made their residence, to the place of Tantallon where the said Archibald, earl of Angus, Hugh Nisbet, John Carmichael and Hugh Carmichael, his servants and defenders, lived and made residence, to the place of Cockburnspath where the said Earl of Angus and his servants and defenders aforesaid lived and made their residence; on 13 June 1584 to the place of Ayflie where the said William Douglas, son to the said William Douglas of Bonkle, lived and made his residence, to the place of Dunglass where the said Thomas Lyon, master of Glamis and Agnes Gray, lady Home, his spouse, lived and made their residence, to the place of Raschill where the said Hugh Nisbet made his residence; on 15 June 1584 to the place of Dryburgh where the said David Erskine, commendator thereof, made his residence. After I had duly knocked at the gates of the said places respectively, according to the act of parliament above-mentioned, I affixed and left a just copy on each one of the said gates respectively, and there I lawfully and peremptorily summoned the said persons in manner before written to compear before our sovereign lord and his justice on 20 August 1584, in the hour of cause, with continuation of days, in his highness's parliament to be held at Edinburgh the said day, to answer to his highness or his justice upon the treasonable crimes contained in the said letters and after the form and tenor of the same in all points, whereof I affixed a just copy upon each one of the said market crosses respectively. This I did before these witnesses, John Calder, John Buckham, Alexander Henryson, Paul MacGie and James Tarbat, with diverse others. And for the more verification hereof to this my execution subscribed with my hand, my signet is affixed. It is thus subscribed, John Adie, messenger, with my hand, on 9 July 1584.
I, John Fraser, messenger, another of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters, under the testimonial of his great seal, and lawfully summoned, warned and charged Arthur Hamilton of Bothwellhaugh at his dwelling place thereof, where he lived and made his actual residence. After I had knocked sundry times at the gate thereof, I affixed a just copy of these letters upon the same, and likewise, for the more abundance that he should pretend no ignorance of this my lawful warning, that same day passed to the market cross of Lanark, being the head burgh of the shire within the which the said Arthur dwells, and there, by open proclamation, lawfully summoned, warned and charged the said Arthur to compear before our sovereign lord and his justice on 20 August 1584, in the hour of cause, with continuation of days, in his majesty's parliament, to be held at Edinburgh on [...] August upon the treasonable crimes within contained, after the form and tenor hereof in all points, whereof I affixed a copy on the said cross. This I did before these witnesses, Thomas Fleming in Clydeside and Thomas Henshaw, younger, in Netherton, with diverse others. For the more verification, my signet is hereto affixed, on 9 July 1584.
I, John Wood, messenger, another of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters and searched and sought Agnes Gray, lady Home at her dwelling house in Dundee, after I had duly knocked at the gate thereof, according to the act of parliament, and affixed a copy upon the hall door of the same; and that same day I passed to the market crosses of Dundee and Forfar respectively, and there, by open proclamation, I lawfully summoned, warned and charged the said Lady Home to compear before our sovereign lord and his highness's justice on 20 August 1584, in the hour of cause, with continuation of days, in his majesty's parliament, to answer to his highness and his justice upon the treasonable crimes therein contained, after the form and tenor of these letters in all points, whereof I affixed a just copy on each one of the said crosses before these witnesses, Alexander Rutherford and Matthew Bruce, with diverse others. And for the more verification hereof to this my execution subscribed with my hand, my signet is affixed.
Which summons, with the executions and endorsements thereof respectively aforesaid, being read first in presence of the lords commissioners of parliament on the said 20 August 1584 and likewise on 21 August 1584 thereafter, 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 (excepting the said Dame Annabella Murray, countess of Mar, elder, Dame Agnes Drummond, countess of Mar, younger, Dame Dorothea Stewart, countess of Gowrie), the said advocate, for verification and probation of the aforesaid executions and endorsements of the said summons, repeated the acts made on 20 and 21 August 1584, as the same shown and produced before the king's grace and three estates of this present parliament comported; and likewise thereafter the aforesaid whole persons, defenders, being of new often called at the said tolbooth window to have compeared before the said lords of articles and defend the said summons the aforesaid on 20 and 21 August 1584 respectively, with continuation of days, and they being often called and not compearing (excepting as said is), the said advocate desired the said lords of articles' declaration if the reasons of the said summons were relevant or not, who then declared the same to be relevant on the said 21 August; at the which time, the said advocate produced the whole writs and repeated the whole probations contained in the act made the day aforesaid in presence of the lords of articles, for probation of the said summons, which lords of articles thereafter found the said summons sufficiently proven against the persons underwritten, and in similar manner the said whole summons, with the executions and endorsements thereof, being read both in Scots and Latin in presence of the king's grace and three estates of this present parliament, 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 (excepting as said is), and the whole writs and other probations produced by him the day immediately of before, which he now likewise produced and repeated the same to our said sovereign lord and three estates aforesaid for proving of the points and articles contained in the said summons, and therefore desired further process in the said cause; and thereafter the said summons, with the probations aforesaid, being first seen, considered and advised by the said lords of articles and now presently by the king's grace and three estates of this present parliament, who find and declare that the whole reason of the said summons are relevant and sufficiently proven against the persons particularly underwritten and each one of them for their own part, and ordain doom to be pronounced and given thereupon 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 the said Archibald, earl of Angus, John, earl of Mar, Dame Agnes Drummond, countess of Mar, younger, Master Thomas Lyon of Baldukie, master of Glamis, Dame Margaret Lyon, countess of Cassilis, Dame Dorothea Stewart, countess of Gowrie, Adam, commendator of Cambuskenneth, David, commendator of Dryburgh, William, commendator of Paisley, Master James Erskine, brother to Robert Erskine, apparent heir of Little Sauchie, John Leslie of Balquhain, George Douglas of Parkhead, James and George Douglas, his sons, James Douglas of Todholes, John Douglas of Glaspen, William Douglas, son and apparent heir to William Douglas of Bonkle, Patrick Drummond, apparent heir of Carnock, John Carmichael of that Ilk, Hugh Carmichael, his son and apparent heir, William Carmichael of Rowantreecorse, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, Hugh Nisbet of Raschill, Patrick Home of Argaty, John Leslie of Largie, Robert Hamilton of Carse, Arthur Hamilton, called of Bothwellhaugh, Master John Colville, chanter of Glasgow, Master Patrick Whitelaw of Newgrange, John Arbuthnott, apparent heir of Lyntusk, and James Murray of Pardowis, and every each one of them has committed and incurred the crimes of treason and lese-majesty in the whole points and articles contained in the said summons bearing as is above-written; and therefore decrees and declares all their goods, moveable and unmoveable, as well lands as offices and others whatsoever belonging to them, to be confiscated to our said sovereign lord and remain perpetually with his highness in property forever, and these persons to underlie the pain of treason and last punishment appointed by the laws of this realm, and this I give for doom. Upon the which declaration and pronunciation aforesaid the said advocate asked instruments.
The which day the king's grace and three estates of this present parliament continue that part of the summons of treason duly executed and endorsed, pursued by his highness's justice and advocate, against Dame Annabella Murray, countess of Mar, elder, Dame Agnes Gray, lady Home, spouse to the said Master Thomas Lyon of Baldukie, master of Glamis, Laurence, master of Oliphant, John, master of Forbes, Robert Douglas, younger, of Lochleven, younger, and James Hamilton of Haggs, touching the decreeing of them to have incurred the crimes of treason and lese-majesty for the cause specified in the said summons, as at more length is contained therein, in the same form, force and effect as it is now, without prejudice of party, until 20 September 1584, with continuation of days; and that further process to be had therein, at the which day ordains the said advocate to produce such writs, rights, reasons, documents and probations as he has or will use for proving of the said summons again the said day, so far as concerns their parts thereof; whereupon the said advocate asked instruments.
[1584/5/72]*[print] [email] [cite] [preceding] [following]
The which day Master David MacGill [of Nisbet and Cranstoun-Riddel], advocate to our sovereign lord, exhibited and produced, likewise he did sundry times of before, the summons of treason underwritten, raised and pursued at the instance of our sovereign lord and his highness's justice against John Ross of Craigie, as brother and apparent heir or successor to the late James Ross of Pittheveles, whereby he was summoned to have compeared before the king's majesty and his estates on 20 August 1584, with continuation of days, in his highness's parliament to have begun the said day, in the hour of cause, with continuation of days, to have answered upon the points of treason and lese-majesty underwritten contained in the said summons, committed by his said late brother, and therefore the said John to have heard that the said late James committed the crime of treason in his lifetime for the cause underwritten, etc., 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, Marchmont, heralds, John Ferguson, Robert Stewart, Archibald Douglas, David Bryson, macers, Ormond, Bute, Unicorn, Carrick, pursuivants, Richard Binning, John MacLaren etc., messengers, and any, jointly and singly, of the sheriffs in that part. We order and instruct you to summon lawfully and peremptorily before witnesses John Ross of Craigie, full brother and apparent heir or successor of the late James Ross of Pittheveles, in person if you can conveniently have his presence, otherwise at his dwelling place, plus others and anyone having an interest or claiming one, by public proclamation at the market crosses of our burghs of Edinburgh, Perth and other places as necessary, in such a way that a summons of this kind could reasonably reach their ears, to compear before us or our justice on 20 August next, at the hour of cause, with continuation of days, in our parliament to be held in Edinburgh on the [...] of the same month, to answer to us or our justice in the foresaid parliament, for seeing and hearing, by ourselves and by the decree of the three estates of our realm, that it has been decreed and an opinion has been decided that the said late James Ross of Pittheveles has committed the crime of lese-majesty in his lifetime, on account of his treasonable art and part, support, advice, help and assistance which he offered and demonstrated, in that nefarious conspiracy with the late William [Ruthven], formerly earl of Gowrie, lord Ruthven, in their treasonable kidnap and laying of hands upon our person at his castle of Ruthven on 23 August in the year of the Lord 1582, and hence on account of his foreknowledge, hiding and concealment of the same conspiracy, when the said late William, formerly earl of Gowrie, John [Erskine], earl of Mar, Master Thomas Lyon of Baldukie, master and tutor of Glamis, and the foresaid late James Ross, with various other accomplices of theirs, treasonably embarked on a plot, finally decided and put into effect that nefarious and treasonable crime of apprehending our noble person at Ruthven at the foresaid time. In that castle they violently detained and guarded us, against our will and wish, over the space of several days and nights, thereby committing the crime of high treason. At the same time they attacked, with a view to maiming and killing them, our loyal and beloved councillors and other good lieges who approached in their zeal to serve us, and most cruelly wounded them, and then also took prisoner certain of our councillors and other loyal subjects and put them in custody, removed the ordinary soldiers of our guard and in defiance of us ordered instructions of ours to be addressed to Esme [Stewart], duke of Lennox, that he should leave as soon as possible, and saw to his being expelled from the borders of this realm with unheard of speed. They led our person constantly hither and thither, accompanied by a large band of their associates over the space of the ten months following, with the most definite plan and deliberate intention to subject us in this way to a perpetual yoke of slavery, and detain us, but for the fact that with the ineffable help and benevolence shown to me by the Almighty we took ourselves away from there. Thus they committed most manifestly the crimes of treason and lese-majesty against our royal authority and in open violation of law. Accordingly, for seeing and hearing, it is decided that the name, memory and title of the said late James Ross of Pettheveles are and shall be extinguished, and that his arms and insignia are deleted and cancelled from the book of arms and nobility, and so his descendants shall be unable and incapable of enjoying offices and honours in this kingdom. All his goods, lands and offices are confiscated and henceforth remain with us as property, while intimating to the above-mentioned John Ross of Craigie, his brother and heir, or forenamed successor and to any others who have an interest, that whether they compear or not on the said day and in the said place, with continuation of days, we and our justice will proceed according to justice. You are to render the present writ duly executed and endorsed to its bearer, and those of you who have been served with 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 in relation to the foregoing, or witnesses themselves. In order to carry this out we give you, our sheriffs in that part and any of yours, authority, jointly and separately. At Edinburgh on 24 June in the year of the Lord 1584 and in the seventeenth year of our reign.
Here follows the executions and endorsements of the said summons on 2 July 1584:
I, John MacLaren, messenger, one of the sheriffs in that part within specially constituted, passed at command of these our sovereign lord's letters and in his highness's name and authority lawfully and peremptorily summoned, warned and charged John Ross of Craigie, brother and apparent heir or successor to the late James Ross of Pittheveles, personally apprehended, and delivered him a just copy hereof; who received the same to compear before our sovereign lord and his highness's justice on 20 August 1584, in the hour of cause, with continuation of days, in his majesty's parliament to be held at Edinburgh upon the [...] August, to hear and see it be decreed, by decreet of the three estates of this realm, the said late James Ross, his brother, to have committed treason in his lifetime as is at length within written, and therefore to hear his name, memory and fame extinguished for ever. This I did before these witnesses, John Marshall, messenger, William Shepherd, my servant, and Andrew Tyrie, son to William Tyrie, elder, of Busby. And for the more verification hereof to this my execution and endorsement subscribed with my hand, my signet is affixed. It is thus subscribed, John MacLaren, messenger, with my hand, on 25 June 1584.
I, Richard Binning, messenger, one of the sheriffs in that part within specially constituted, passed to the market cross of Edinburgh at command of these our sovereign lord's letters and there, by open proclamation, lawfully and peremptorily summoned, warned and charged John Ross of Craigie, brother and apparent heir or successor to the late James Ross of Pittheveles, and all and sundry others having or pretending interest in the matter within written, to compear before our sovereign lord and his highness's justice on 20 August 1584, in the hour of cause, with continuation of days, in his majesty's parliament to be held at Edinburgh on [...] August, to hear and see it be decreed, by decreet of the three estates of this realm, the said late James Ross of Pittheveles to have committed treason in his lifetime, as is at length within written, and therefore to hear his name, memory and fame for ever extinguished and his lands to remain perpetually with his highness. This I did before these witnesses, Lewis Thornton, Robert Fraser, messengers, Allan Dennis, with diverse others. For the more verification to this my execution subscribed with my hand, my signet is affixed. It is thus subscribed, Richard Binning.
Which summons, with the executions and endorsements thereof, being read first in presence of the lords commissioners of parliament on the said 20 August and likewise on 21 August thereafter, specially deputed by his highness's commission for holding thereof, first in Latin and thereafter in Scots, and the said John Ross of Craigie compearing, who was content trial be taken upon the points of the said summons, the said advocate, for verification and probation of the aforesaid executions and endorsements of the said summons, repeated the acts made the said 20 and 21 August 1584, as the same shown and produced before the king's grace and lords of articles purporting; and thereafter, the said summons, with the probations aforesaid, being first seen, considered and advised by the said lords of articles, and now presently by the king's majesty and three estates of this present parliament, who find and declare that the whole reason of the said summons is relevant and sufficiently proven against the said late James Ross, and therefore ordain doom to be pronounced and given thereupon 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 the said late James Ross of Pittheveles committed the crime of lese-majesty in his lifetime in the whole points and articles contained in the said summons bearing as is above-written, and therefore decrees and declares the said late James's name, memory and honours to be extinct and his arms to be riven forth and deleted out of the book of arms, so that his posterity never have place nor be able hereafter to possess or enjoy any office, honours or dignities within this realm in any time coming, and all his goods, lands, offices to be confiscated and remain perpetually with his highness in property for ever, and this I give for doom; whereupon the said advocate asked instruments.
The which day John Ross of Craigie protested that whatsoever thing done this instant day against the late James Ross of Pittheveles, his brother, prejudice not him concerning his lands, reversions, rooms, possessions, steadings and rights whatsoever pertaining to his said late brother, and specially concerning the lands of Pittheveles and the reversion thereof which he has of the same, in respect he has ever remained at all times past our sovereign lord's true liege and subject and knew nothing of his said late brother's doings nor proceedings; and thereupon asked instruments.
[1584/5/73]*[print] [email] [cite] [preceding] [following]
The which day the king's grace and three estates of this present parliament continue the summons of treason executed and endorsed, pursued at the instance of his majesty, his highness's justice and Master David MacGill [of Nisbet and Cranstoun-Riddel], his highness's advocate, against Oliver Peebles of Chapelhill, Jean Thornton, his spouse, and James Marshall of Pitcairns, touching the decreeing of them to have committed and done certain points of treason and lese-majesty, as at more length is contained in the said summons raised thereupon in the same form, force and effect as it is now, without prejudice of party, until 20 September 1584, with continuation of days, and then further process to be had therein as appropriate; at the which day, ordain the said advocate to produce such writs, rights, reasons, documents and other probations which he has or will use for proving of the points of the said summons against them again the said day; whereupon the said advocate asked instruments.