15 May 1587

Procedure: accusations against Patrick, master of Gray for the raid at Stirling Castle

The which day Patrick [Gray], master of Gray, commendator of Dunfermline, compearing in presence of the king's majesty, his nobility and estates assembled at this present convention, and Sir William Stewart [of Monkland], lawful son to Andrew [Stewart], lord Stewart of Ochiltree, compearing also personally, they having been brought face to face before in presence of his majesty and his privy council upon the occasion of the dilation and accusation following, and thereafter both committed to ward within the castle of Edinburgh until this present convention of the said estates, the said Sir William, now as of before, accused the said Master of Gray how he, within this year bypast, had dealt and travailed in France for sundry matters prejudicial to the true religion presently professed by our sovereign lord and his good subjects and established by law, chiefly to have liberty of conscience to use such form of religion as served every man's appetite, contrary to the tenor of the acts of parliament, and to this effect gave great persuasions and special instructions to the said Sir William to deal with certain persons in France, namely Friar Gray, Mr James Tyrie, Jesuit, and [Charles Nevill], earl of Westmorland, banished out of England for religion, and also to have dealt as intermediaries with Pope [Sixtus V] and [Philip II], king of Spain, that their ambassadors or commissioners might have been directed to [Henry III], king of France and [Henri de Lorraine], duke of Guise, willing them to grant no aid to the king of Scotland unless he gave liberty of conscience to all the Catholics in his bounds, for the which travail it was spoken and devised by the said master how the said Sir William should have received sums of money. Item, that the said Master of Gray had travailed in matters which greatly [...] disturbed the estate of the realm, wherein if his travails had taken effect [...] been endangered, committing through this the crime of treason and specially traffick [...] to persuade his majesty [...] as the said master should have persuaded [...] to apply to his treasonable [...] used by the young laird of [...] that ever wished his highness well, honour and standing, in no way minded to be compliant with the plotting of so infamous a person. And seeing that first plot not in appearance effectual, that the said master, all of a sudden, devised the second, namely the death of Sir John Maitland of Thirlestane, knight, his majesty's secretary and vice-chancellor, Sir James Home of Cowdenknowes, knight, captain of the castle of Edinburgh, and Mr Robert Douglas, provost of Lincluden, collector-general, all of his highness's privy council, and that, by earnest persuasion of the said Sir William, to make his brother the late chancellor concur with John [Maxwell], earl of Morton, lord Maxwell, whom the said master affirmed that he had made to that purpose, appointing them to come with the number of eighty horses to Lauder, and there enclose the said councillors in the thatch house wherein they were until they had been compelled to be used according to the cruel appetite of the pursuers, as was devised by the said master, thinking thereby that, so many of his majesty's council being taken away by time, the said master was the more able to bring his schemes to fulfilment concerning the disturbance of religion, his majesty's person and the estate of the realm and commonwealth. Item, that the said master had counterfeit his majesty's stamp in his hands, and especially that the said counterfeit stamp was put by the said master to two letters written with his majesty's own hand, which letters contained credit to the said Sir William to treat in certain matters concerning his highness's honour and the welfare and state of the country; and the same credit the said Sir William was persuaded by the said master to use to another sense altogether, contrary to his majesty's direction, specially willing the said Sir William to persuade the king of France to grant no assistance of men to our sovereign lord at this time, showing that, if men should be sent to Scotland at his highness's desire, it would but trouble the Catholics and malcontents with the estate present, albeit in truth the said master's design in the matter was for the only cause following, namely that the time of his consenting to the death and murder of [Mary], the queen, his majesty's dearest mother, for the sumptuous gratitudes and rewards which the said master had received in England, therefore he was under special bond and condition still to proceed in his former treasonable dealing, and at the uttermost of his possibility to stop and stay his majesty from the aid and concurrence of other foreign princes, and also, if the said Sir William should crave money from the king of France, it would make it all too clear who are enemies and have the handling of this estate presently. Upon which all points the said Master of Gray being separately interrogated and questioned in presence of his majesty and his said nobility and estates, and his answers and allegations heard and understood by them, questions being formed upon the foresaid accusation by the said estates and laid to the charge of the said Master of Gray, he granted the four points following: first, that he had written to the queen of England about the month of August last bypast, without his highness's knowledge or command, bearing in effect that if the queen of England could not perceive her own security in taking his majesty's mother's life, because the dead do not bite, yet it was in no way fit that the same be done openly, but rather by some quieter means; secondly, that he had travailed with some of France to move our said sovereign lord upon necessity to grant liberty of conscience; thirdly, the making and using of his majesty's stamp in manner before rehearsed; and fourthly, that he had travailed for the rebellion and troubling of this present estate; all which four crimes were found by the king's majesty and his said estates to be treasonable and worthy of all highest punishment; and it was found superfluous and needless to lead any further proof against him in this instance; and that therefore the said Sir William, as having only dealt in the matter for our sovereign lord's service, should be set at liberty and merited reward, and the said master, as guilty, to be used according to his majesty's will and pleasure. The said estates most humbly and earnestly making intercession to his majesty for sparing of the said master's life, as also his heritage, upon his good and dutiful behaviour towards his majesty in time coming, which being most graciously and favourably granted by his highness, the said Master of Gray thereafter voluntarily confessed two other points, namely that he had travailed for the alteration and troubling of the present state; the other point following, namely that he had travailed for the staying and hindering of our sovereign lord's marriage with [Anne of Denmark], the king of Demark's daughter, fearing if his highness should ally with any Christian prince professing the said true religion, that it should disturb the intention and travails of the said master and his accomplices, with whom the said Sir William, for the cause above-written, should have dealt. Moreover, his majesty, with advice of the said estates, decrees and declares that, in case the said master or any of his kin, friends, allies or servants, shall presume or attempt any violent deed or invasion against the said Sir William for the causes foresaid, that thereby they shall be similarly culpable of the whole crimes foresaid as the said master himself, and ordains letters to be directed for publication hereof at the market crosses of the head burghs of this realm and other places needful, that none pretend ignorance of the same.

  1. NAS, PC1/12, f.97v-98v; RPCS, first series, iv, 166-8. Back
  2. NAS, PC1/12, f.98v; RPCS, first series, iv, 169. Back
  3. NAS, PC1/12, f.98v; RPCS, first series, iv, 169. Back
Procedure: caution granted

[Caution in 400 merks by George Wauchope, burgess of Edinburgh, as principal, and John Ferguson, macer, burgess of the said burgh, as surety, that George Spence, servant of Mr Richard Spence, advocate, and [...] Hill, his spouse, their tenants and servants, shall be harmless of the said principal.]

  1. NAS, PC1/12, f.97v-98v; RPCS, first series, iv, 166-8. Back
  2. NAS, PC1/12, f.98v; RPCS, first series, iv, 169. Back
  3. NAS, PC1/12, f.98v; RPCS, first series, iv, 169. Back
Procedure: charge to the chancellor to enter in ward

[The king, with advice of his nobility, council and estates, ordains Captain James Stewart, late chancellor, to be commanded to enter in ward within the palace of Linlithgow, within six days after being charged, under pain of treason, and to remain there until he justifies the contents of his letter lately delivered by Stewart of Craigiehall to the king or, failing therein, receive the punishment due.]

  1. NAS, PC1/12, f.97v-98v; RPCS, first series, iv, 166-8. Back
  2. NAS, PC1/12, f.98v; RPCS, first series, iv, 169. Back
  3. NAS, PC1/12, f.98v; RPCS, first series, iv, 169. Back