[A1590/6/1]*[print] [email] [cite] [preceding] [following]
Sederunt
[A1590/6/2]*[print] [email] [cite] [preceding] [following]
The king's majesty, his nobility, council and estates presently convened, understanding the great contempt and disobedience entered and continued in all parts of his realm through the multitude of persons contemptuously lying at the horn, as well for criminal as civil causes, to the dishonour of his majesty and great prejudice of complainers, and yet in no way willing that such as have satisfied parties and obtained themselves orderly relaxed from the horn in due time before their escheats fell shall be troubled or sustain harm although their names be standing in registers as denounced, therefore ordain letters to be directed charging all such persons as are or shall be found in registers or adjournal standing denounced rebels and at the horn, whose names shall be specially expressed in the said letters, to compear personally before his highness and lords of his secret council or lords auditors of exchequer at certain peremptory days, to answer and underlie such order and punishment as shall be appointed for their contempt and wilful remaining at the process of horn by virtue of his highness's other letters raised at the instance of such persons as also shall be specially expressed in the aforesaid letters to be directed for their compearance in manner above-mentioned, under the pain of rebellion etc.; with certification if they fail, letters shall be directed simply to put them to the horn and to escheat etc.; if they compear not, the certification shall be granted and letters directed immediately to denounce them to the horn and to intromit and take up their escheats or the same escheats shall be granted for composition to whatsoever person will offer most for that, they satisfying all parties, one or more, at whose instance they are denounced as appropriate, and finding surety to that effect to the treasurer depute; if they compear and show relaxation orderly passed, their names shall be deleted out of the catalogue of horners and an act made thereupon, through which they shall not be further troubled for that horning in time coming; if they show not relaxation but be found still standing at the horn, in case the horning be for high and odious crimes or that they have lain at the horn above the space of a year and a day, they shall be presently committed to ward in the tolbooth of Edinburgh or some of the king's castles according to the quality of their persons, there to remain until they have satisfied the causes, one or more, for which they were denounced and have obtained themselves relaxed and paid for their escheats; and if the horning be for other common causes and the year and day passed over, they shall be also committed to ward within the said tolbooth or in some of his highness's castles according to the quality of their persons as said is, until they find surety to remain in free ward within the burgh of Edinburgh and not escape out of the same until they be lawfully and orderly relaxed and have paid for their escheats and satisfied likewise the persons, one or more, at whose instance they are denounced as said is; and that letters be directed to make publication hereof at the market crosses of the head burghs of this realm and all other places needful, as also to warn the persons, his highness's rebels, inhabitants within the sheriffdom of Edinburgh principal and constabulary of Haddington underwritten: they are to say, James Stewart in Cammok, Mungo Hamilton of Pardovan, David Preston of Craigmillar, Alexander Hill, burgess of Edinburgh, Sir William Lauder of Haltoun, knight, Robert Wauchope of Niddrie-Marischal, Archibald Wauchope, his son and apparent heir, Sir John Edmiston of that Ilk, knight, Master James Borthwick of Lochhill, John Herring in Gilmerton, Hugh [Somerville], lord Somerville, John Logan of Cotfield, George Hamilton, tutor of Bathgate, George Shives in Dirleton, Robert Fife there, John Thomson there, Alexander Hamilton of Innerwick, William Dishington at Beltane Mill, Robert Scogall in West Barns, Patrick Home in Haddington, George Dempster in Seton, Patrick Douglas in Kilspindie, James Grim in Fenton, Alexander Grim there, and William [Hay], lord Hay of Yester, who were charged of before, often times called and compeared not at the diet appointed to that effect, to compear personally before his majesty and the said lords where they shall happen to be for the time, 19 June 1590, to answer and underlie the aforesaid order, according to the tenor of his highness's other letters directed to that effect and under the pains contained therein; certifying them and all others who shall be charged hereafter to this effect if they fail to compear and render their obedience in this point, that the certification of the letters directed and to be directed against them shall be granted, and further, they shall be pursued thereafter with fire and sword with all rigour and extremity in example of others.