[1593/4/19]*[print] [email] [cite] [preceding] [following]
The which day Masters David MacGill [of Cranstoun-Riddel] and John Skene [of Curriehill], advocates to our sovereign lord, for verifying of the said reason contained in the said summons of treason raised against the said Francis [Stewart], sometime earl of Bothwell, produced and repeated the extract of the forfeiture led and pronounced before the justice and his deputes against the said Francis, sometime earl of Bothwell, subscribed by [Sir John Cockburn], laird of Ormiston, justice clerk, of the date 25 June the year of God 1591, depositions of certain witnesses examined before the said lords of articles in the said matter, the notoriety of the deed libelled and the coming of the defenders in to the palace of Holyroodhouse and Falkland the times libelled, which in matters of high treason should make full probation.
And that the lords of parliament, being the great assize of the country, of the daily practice, whatsoever persons clears not of certain knowledge the persons accused, he finds them guilty, and the common notoriety of this fact and treason libelled and contumacy of the defender is sufficient to make no man clear him, and was content the foresaid process and summons of treason were held concluded and desired the estates to advise the process and to pronounce their sentence of parliament therein according to the said probations and their consciences.
And immediately thereafter the said Masters David MacGill and John Skene, advocates to our sovereign lord, exhibited and produced before the king's majesty and whole estates (likewise they 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 Francis, sometime earl of Bothwell, whereby he was summoned to compear before our sovereign lord on 3 April 1593 instant, with continuation of days, to have answered to the points of treason underwritten contained in the said summons, of the which summons 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, Alexander Douglas and David Bryson, macers, Ormond, Bute, Unicorn and Carrick, pursuivants, and messengers, and whichever, jointly and severally of our sheriffs specially constituted in that part. We mandate and instruct you to summon lawfully and peremptorily before witnesses Francis, formerly earl of Bothwell, Gilbert Penicuik, John Rutherford of Hunthill, elder, Thomas Rutherford of Hunthill, younger, and Simon Armstrong, younger, of Whitehaugh, as conspirators, perpetrators and concealers of the following crimes of lese-majesty, in person if you are able conveniently to have their personal presence, otherwise at their dwelling places, or by public proclamation at the market crosses of our burghs of Edinburgh, Haddington, Jedburgh and other necessary places where they are or live, outwith our realm or having no fixed abode in the same, at the said market crosses and other necessary places on notice of sixty days, in such a way that a summons of this kind could reasonably reach their ears and notice - that they should compear before us or our justice on 1 July next in our parliament held at Edinburgh on 3 April following, at the time of dealing with cases, with continuation of days, in order to answer to us or our justice in the foresaid parliament, respectively, regarding the following treasonable crimes. First, the said Francis, formerly earl of Bothwell, Gilbert Penicuik, John Rutherford of Hunthill, elder, and Thomas Rutherford of Hunthill, younger, and Simon Armstrong of Whitehaugh and any of them for their treachery, art and part, their planning in their treasonable conspiracy, advice and resolve regarding the horrible crime committed by the foresaid persons against our honourable person and life, on 27 December in the year of the Lord 1591, in the silence of night, in respect of their treasonable invasion of our palace of Holyroodhouse, entering there with the assistance, companionship and company of other murderers, attackers and thieves and presumptuous armed men, fugitives from our laws, and with deliberate will and certain intention to lay hands on our royal person, in order nefariously to end our life or take us with them as a captive; and to this effect the foresaid conspirators went directly to our private chamber or bedroom and nefariously set fire to the doors, and threatened our domestics with the infliction of imminent and violent death, unless they declared where we were, having never made any enquiry of them regarding anyone else except ourselves; besides, they violently broke down with hammers the doors of the inner bedchamber of our dearest queen and wife, and when they realised that they were making no progress, and could not proceed with their unnatural crime and nefarious proposal, not yet satisfied, in their retreat they cruelly and without any mercy killed and strangled our domestics and most familiar servants because of us. Thus, they most manifestly committed the crime of high treason against us, our royal authority and laws. Secondly, the foresaid Francis, formerly earl of Bothwell, Gilbert Penicuik, John Rutherford of Hunthill, elder, and Thomas Rutherford of Hunthill, younger, and Simon Armstrong of Whitehaugh, and any of them, for their treachery, art and part, and their planning in their treasonable conspiracy, advice and resolve regarding the horrible crime committed by the foresaid persons against our honourable person and life, on 28 June in the year of the Lord 1592, in respect of their treasonable invasion of our palace of Falkland within our sheriffdom of Fife when we were staying there at the time, entering there with the assistance and company of murderers, attackers, thieves, declared traitors and presumptuous armed men, fugitives from our laws, and with deliberate will and certain intention to lay hands on our royal person, in order nefariously to end our life or take us with them as a captive; and to this effect the foresaid conspirators with their associates went to the postern gate of our said palace of Falkland, and threw at it iron missiles and bronze devices of this kind and violently attacked that postern, so that when it was burst open they might the more easily enter, and follow through their foresaid conspiracy and the horrible crime which they had embarked upon, thus most manifestly committing the crime of high treason against us, our life, our royal authority and laws, and thus for their treasonable concealment and hiding of the foresaid conspiracy, and for their plotting, resolve and execution thereof. Thirdly, the forementioned John Rutherford, laird of Hunthill, elder, and the laird younger, and Simon Armstrong of Whitehaugh, and any of them, for their treasonable welcome and help offered to the said Francis, formerly earl of Bothwell, and for their treasonable assistance, participation and contact with the foresaid Francis and his accomplices, declared traitors against the laws and statutes of our realm, and that in the months of April, May, June, July, August, September, January, February and March in the year of the Lord 1592 [and 1593], and any of them respectively, at the locations of Hunthill, Jedburgh, Hawick and Liddesdale, thus most manifestly committing the crime of treason against us, our life, royal authority and the laws of our realm, and thus for their treasonable concealment and hiding of their foresaid contact, welcome and help specified above. Fourthly, the foresaid Simon Armstrong, for his treasonable art and part and plotting in striking an adulterated coinage at his house of Royne in Liddesdale in the months of April, May, June, July, August, September, October, November, December, January, February and March and any of them, in the year of the Lord 1591 [and 1592], thus most manifestly committing the crime of high treason against us, our royal authority, and the laws of our kingdom, and also for his concealment and hiding of the same. Accordingly it is decided and declared by us and by the decreet of the three estates of our realm that in respect of the foregoing the forementioned conspirators, 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 decreet of the three estates of our realm, that they have incurred the charge of lese-majesty. For that reason, their goods, moveable and immoveable, both 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 compeared on the said day and in the said place, with continuation of days, or not, and that either we or our justice shall proceed in regard to the foregoing, in line with justice. Further, you are to cite etc. to compear 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 its bearer. Also you who served the writs 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 23 March in the year of the Lord 1592 [1593], and in the twenty-sixth year of our reign.
Here follows the tenor of the executions and endorsements of the said summons of treason upon 26 March the year of God 1593: I, William Porteous, messenger, because the said Francis, sometime earl of Bothwell was fugitive and could not be apprehended personally, having no certain dwelling place, therefore I passed at command of these our sovereign lord's letters under the quarter seal to market cross of Edinburgh, and after three oyes as use is there by open proclamation lawfully summoned, warned and charged Francis, sometime earl of Bothwell, committer of the crimes respectively within specified, to compear in parliament the first day of June next to come, with continuation of days, in the tolbooth of Edinburgh, to the effect within contained after the form and tenor of these letters within written in all points, whereof I affixed a just copy upon the foresaid cross before these witness John Purdie, Ross herald, John Forman, Rothesay herald, John Blindseil, Bute pursuivant, and William Forsyth, messenger, with diverse others; and for the more witnessing to this my endorsement, my signet is affixed. Upon 30 March the year of God foresaid, I, the said William Porteous, messenger, passed at command of these our sovereign lord's letters under the quarter seal to the market cross of Jedburgh, and after three oyes as use is there by open proclamation, lawfully summoned, warned and charged the said Francis, sometime earl of Bothwell, committer of the crimes respectively within specified, to compear in parliament the first day of June next to come, with continuation of days, in the tolbooth of Edinburgh to the effect within contained, after the form and tenor of these letters within written in all points, whereof I affixed a just copy upon the said market cross before these witnesses John Finlayson, post, and George Cunningham, with diverse others; and for the more witnessing to this my endorsement, my signet is affixed. Upon 31 March the year of God foresaid, I, the said William Porteous, messenger, passed at command of these our sovereign lord's letters under the quarter seal to the market cross of Haddington, and after three oyes as use is, by open proclamation lawfully summoned, warned and charged the said Francis, sometime earl of Bothwell, and affixed a just copy upon the foresaid cross; as also lawfully summoned, warned and charged the said Francis, sometime earl of Bothwell at his dwelling place of Morham, because I could not apprehend him personally, after I had knocked six several times at the gate of his place respectively where he used often to dwell, and affixed a just copy of this within written summons thereupon to compear in parliament day and place within written, with continuation of days, to the effect within contained; this I did after the form and tenor of these letters within written in all points before these witnesses respectively, John Finlayson, post, George Cunningham, with diverse others; and for the more witnessing to this my endorsement, my signet is affixed. Which summons, with the executions and endorsements thereof respectively foresaid, being this instant day read in presence of his majesty and whole estates of parliament, first in Latin and afterwards in Scots, and the said Francis, sometime earl of Bothwell being ofttimes called of new at the tolbooth window of the said burgh of Edinburgh to have compeared and answered to the said summons and reasons contained therein, and he not compearing to have defended in the said matter and to have answered to the said summons, the said Masters David MacGill and John Skene, advocates to his majesty, desired the said estates' declaration if the reasons of the said summons were relevant against the said Earl of Bothwell, which estates all in one voice found the same relevant against him. Therefore the said advocates of new, for verifying of the said reasons contained in the said summons of treason, produced and repeated the extract of forfeiture led before the justice and his deputes against the said Francis, sometime earl of Bothwell, depositions of the said witnesses, notoriety of the fact and repeated the whole probation repeated by him of before in the said matter this instant day, and desired the said estates of parliament to advise the depositions of the said witnesses and other probation and to pronounce their sentence of parliament therein according to the same probation and their consciences. And thereafter the depositions of the whole witnesses executed to the death, and of the witnesses examined in presence of the said lords of articles, whole writs and probation being read, seen and considered by the said whole estates of parliament in presence of the king's majesty, and they therewith being ripely advised, the said lords and estates of parliament find, decree and declare that the said Francis, sometime earl of Bothwell has committed and done open, manifest treason against our said sovereign lord in all points and articles contained in the said summons, and therefore it was given for doom by the mouth of James Nisbet, dempster of parliament, in manner and form as follows: This court of parliament shows for law that the said Francis, sometime earl of Bothwell has committed and incurred the crimes of treason and lese-majesty above-written in manner at length contained in the reasons of the said summons, and therefore decrees and declares all his goods moveable and unmoveable, as well lands as offices and other things whatsoever belonging to him, to be confiscated to our sovereign lord and to remain perpetually with his highness in property in time coming, and his person to underlie the pain of treason and utter punishment appointed by the laws of this realm. And this I give for doom.
[1593/4/20]*[print] [email] [cite] [preceding] [following]
Regarding the summons raised at the instance of James Lindsay of Barcloy, great-grandson and heir by progress to the late John Lindsay of Wauchope, his great-grandfather, and so having good interest and action to reduce the pretended process, sentence and doom of forfeiture underwritten, which was prosecuted and given against the said late John, his great-grandfather, against Master David MacGill of Cranstoun-Riddel, advocate to our sovereign lord, David Seaton of Parbroath, his highness's comptroller, Sir Thomas Lyon of Auldbar, knight, treasurer, Sir Robert Melville of Murdocairnie, knight, treasurer depute, and all others having or pretending to have interest in the action and cause underwritten touching the exhibition and production with them before our said sovereign lord and estates of parliament of the pretended processes, sentence and doom of forfeiture led, given and pronounced against the said late John Lindsay of Wauchope by our said sovereign lord's most noble great-grandfather of worthy memory, James IV, by the grace of God, then king of this realm, and three estates of the same for the time in their parliament held and begun at Edinburgh 3 February the year of God 1505 [1506]; whereby it was warded, found, delivered and for doom by act of the said parliament pronounced that the said late John Lindsay had committed and done treason against our said sovereign lord's late most noble great-grandfather and his realm in the alleged treasonable accessory of the slaughter of the late Bartholomew Glendinning, sheriff in that part, executing letters of poinding at the instance of the late Margaret [...], mother in law to the said late John Lindsay, and for certain other pretended crimes of treason and lese-majesty; and therefore adjudging and by doom foresaid pronounced the said late John Lindsay of Wauchope to have forfeited to our sovereign lord's late dearest great-grandfather his life, his lands, goods, offices and all other his possessions whatsoever he had within this realm, ever more to remain with our said sovereign lord's late most noble great-grandfather, his heirs and successors, as in the said pretended sentence and doom of forfeiture at more length is contained; together with the pretended letters of summons allegedly executed against the said late John Lindsay of Wauchope, to have compeared personally before our said sovereign lord's late most noble great-grandfather or his justice in his parliament above-mentioned on 3 October then next to come, with continuation of days, to answer to our said sovereign lord's late most noble great-grandfather, or to his justice foresaid, upon the alleged treasonable crimes above-rehearsed, as at more length is contained in the said summons raised thereupon of the date at Linlithgow 20 June and of our said sovereign lord's grandfather's reign the 17th year, or of whatsoever other date or dates the same before-named sentence and doom of forfeiture or summons above-mentioned whereupon the same proceeded be, together with the executions and endorsements of the said pretended summons used and allegedly executed upon the said late John Lindsay to the effect above-written; and likewise all and sundry writs and depositions of witnesses and other probations, if any was used and produced in the said process, against the said late John for proving of the points of the said summons and pretended crimes foresaid therein contained whereupon the said pretended sentence and doom proceeded, to have been seen and considered by our said sovereign lord and the said estates of this realm in the parliament above-mentioned to be held as said is, and to hear and see the same pretended processes, sentence and doom of forfeiture above-specified retreated, rescinded, reduced, made void and annulled, decreed and declared by decreet of the said parliament to have been from the beginning and likewise to be in all time coming null and of no value, force, strength nor effect with all that has followed or may follow thereupon; and to hear and see the said James Lindsay now of Barcloy, great-grandson and heir to the said late John Lindsay, his great-grandfather, restored, decreed and declared by decreet of the said parliament to have been from the beginning and likewise to be in all times coming be restored and reintegrated for him, his heirs and successors in its entirety against the said pretended processes, sentence and doom of forfeiture, and their honour, loyalty of blood, fame, state and estimation whereby they may hold, enjoy and possess all lands, heritages, rents, goods, offices and possessions whatsoever pertaining or that may pertain to the said James Lindsay or his foresaids or which pertained of before to the said late John Lindsay of Wauchope or his predecessors likewise as freely, peaceably and in the same manner as if the said pretended process, sentence and doom of forfeiture had never been led, given nor pronounced.
Follows the tenor of the execution and endorsements of the said summons upon 17 March the year of God 1592 [1593]: I, Adam Lindsay, one of the sheriffs in that part within constitute, passed at command of these our sovereign lord's letters and lawfully summoned, warned and charged Master David MacGill of Cranstoun-Riddel, advocate to our sovereign lord, at his dwelling place in Edinburgh in the Cowgate, Sir Thomas Lyon of Auldbar, knight, treasurer to our said sovereign lord, at his dwelling place in Edinburgh in Gilbert MacQuhirrie's lodging, David Seaton of Parbroath, comptroller to our said sovereign lord, at his dwelling place in Edinburgh in the lodging above the Nether [Bow] on the south side of the high street thereof, and Sir Robert Melville of Murdocairnie, knight, treasurer depute to our said sovereign lord, at his dwelling place in Edinburgh in James Adamson's house, because I could not apprehend them personally; and after I had knocked six sundry knocks with the mair at the gates of their said dwelling houses respectively and could not get entry, I affixed and left a copy of these within written letters upon the gates of every one of their said dwelling houses respectively foresaid to compear before the estates of this realm in the parliament to be held day and place within contained in the hour of cause, with continuation of days, bringing with them the pretended processes and doom of forfeiture within rehearsed to answer at the instance of the complainer within named for the cause within mentioned, and made intimation as is within specified after the form and tenor of the said letters in all points; and this I did before these witnesses, John Baillie, John Arnott and William Lauder, with diverse others; and for the more verification hereof, my signet is affixed. Upon 26 March the year of God 1593, I, John Hutton, messenger, one of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters to the market cross of the burgh of Dumfries, which is the head burgh of the shire, and by open proclamation thereat and by reading of the letters within written lawfully summoned, warned and charged all and sundry persons having or pretending to have interest in the action and cause underwritten to compear before the estates of this realm in the parliament to be held day and place within contained in the hour of cause, with continuation of days, bringing with them the pretended processes and doom of forfeiture within rehearsed, and to answer at the instance of the complainer within named for the cause and to the effect within mentioned, and made intimation as is within rehearsed after the form and tenor of the said letters in all points; of the which letters I affixed and left a copy upon the said market cross, and this I did before these witnesses, Donald Richie in Traquair and John Edgar there; and for the more verification hereof, my signet is affixed. Upon 31 March the year of God 1593, I, Ninian Weir, messenger, one of the sheriffs in that part within constitute, passed at command of our sovereign lord's letters to the market cross of the burgh of Edinburgh, which is the head burgh of the shire, and there by open proclamation thereat and by reading of the said letters lawfully summoned, warned and charged all and sundry persons having and pretending to have interest in the action and cause within specified to compear before the estates of this realm in the parliament to be held day and place within contained in the hour of cause, with continuation of days, bringing with them the pretended process and doom of forfeiture within rehearsed, and to answer at the instance of the complainer within named for the cause and to the effect within mentioned; and made intimation, as is within rehearsed, after the form and tenor of the said letters in all points; of the which letters I affixed and left a copy upon the said market cross, and this I did before these witnesses, Robert Liddell and Richie Kirk, with diverse others; and for the more verification hereof, my signet is affixed, as at more length is contained in the said principal summons and executions thereof. Which executions and endorsements were presently verified in face of parliament by the officers, executors thereof, and witnesses inserted therein. The said James Lindsay now of Barcloy, being properly present with Master William Oliphant, his prolocutor, and the said Master David MacGill, advocate to our sovereign lord, David Seaton of Parbroath, comptroller, his highness's treasurer, and all others having or pretending to have interest in the said matter, being all lawfully summoned to this action, ofttimes called and not compeared, the foresaid party compearing, rights, reasons, allegations with the foresaid sentence and doom of forfeiture led and pronounced against the said late John Lindsay of Wauchope of the date above-written, with certain instruments of sasine, retours, other writs and probations produced for the part of the said James Lindsay now of Barcloy, for proving of his reason of reduction after-specified, heard, seen, understood and his highness and estates of parliament therewith being ripely advised, the king's majesty and estates of parliament retreat, rescind, reduce, makes void and annul the foresaid process, sentence and doom of forfeiture led, given and pronounced against the said late John Lindsay of Wauchope by our said sovereign lord's most noble great-grandfather King James IV and estates of parliament for the time held at Edinburgh 3 February the year of God 1505 [1506]; and decrees and declares the said process, sentence and doom of forfeiture to have been from the beginning and likewise to be in all time coming null and of no value, force, strength nor effect with all that has followed or may follow thereupon; and decrees and declares by decreet of this present parliament the said James Lindsay now of Barcloy, great-grandson and heir to the said late John Lindsay, his great-grandfather, to be restored and reintegrates him, his heirs and successors in its entirety against the said pretended process, sentence and doom of forfeiture, and presently restores them to their honour, loyalty of blood, fame, state and estimation, whereby they may hold, enjoy and possess all lands, heritages, rents, goods, offices and possessions whatsoever pertaining or that may pertain to the said James Lindsay and his foresaids, or which pertained of before to the said late John Lindsay of Wauchope or his predecessors, likewise as freely, peaceably and in the same manner as if the said pretended process, sentence and doom of forfeiture had never been led, given nor pronounced, because the said John Lindsay, sometime of Wauchope, was never lawfully summoned to have compeared in our said sovereign lord's most noble great-grandfather parliament held at the time above-specified to have answered upon the pretended crimes of treason above-written, neither personally nor at his dwelling place for the time, according to the special charge and command contained in the said summons and as was necessarily required both of the law and practice of this realm, but only was summoned at the market cross of the burgh of Dumfries without any affixing of a copy of the said pretended summons, as was necessarily requisite in all such kinds of citations. Neither is there any mention or report made in the endorsement of the said pretended summons nor yet was otherwise warded in the said parliament that there was any lawful cause or impediment why the executor of the same summons could not at that time have sure access to the personal presence of the said late John Lindsay or else to his dwelling place for the time, as was expressly commanded and directed in the command of the forenamed summons given to the same executor thereof; and so he put not the said summons to due execution upon the said late John according to the command and direction therein contained and according to the common law and daily practice of this realm inviolably observed in the execution of all such summons continually in all times bypast. Through which it appears in no way nor can be evident that the said late John Lindsay was lawfully summoned to the effect above-written, nor that the summons could come probably to his knowledge, without the which manner of lawful citation no sentence nor doom of forfeiture could have been lawfully or justly given against him in manner and upon the pretended crimes above-specified. And if he had been lawfully summoned to that effect through which the same might have come to his knowledge, then he would have compeared, stated a defence and objected, likewise the said James Lindsay, his great-grandson and heir by progress, now representing his person, has sufficient interest and place to proceed and use the defences underwritten against the said pretended summons, sentence and doom of forfeiture following thereupon, which would have been sufficient to have annulled the said pretended summons of treason and whole contents thereof and to have stopped any such sentence or doom to have followed thereupon if the same had been proposed in due time before the giving thereof. And consequently the same being given for null defence and non-comperance of the said late John Lindsay, are now competent to the said pursuer, and are sufficient reasons and causes to rescind, reduce and annul the said pretended summons, sentence and doom of forfeiture above-mentioned, namely: there was no crime of treason nor lese-majesty contained in the summons above-rehearsed that of the law and practice of this realm might justly infer the forfeiture and loss of the said late John Lindsay's life, lands, goods, offices and possessions, for as to the alleged slaughter of the late Bartholomew Glendinning, officer and sheriff in that part, and of the late Simon Glendinning, his brother, in the execution of their office of a sheriff in that part, albeit that crime by itself was weighty and deserved to have been punished by the death of the committer thereof and confiscation of his moveable goods, nevertheless it was not sufficient by itself to have induced a crime, penalty and doom of treason or lese-majesty, nor yet by the common law, civil or municipal laws the slaughter of an officer, sheriff in that part, in the execution of his office might nor could have inferred forfeiture of lands and heritage; neither could the convocation of our said sovereign lord's most noble grandfather's lieges to that effect be esteemed or adjudged a crime of treason or lese-majesty. And as to the other pretended crimes specified in the said summons and pretended doom of forfeiture, such as the alleged making of leagues and bonds with the lieges and subjects of this realm against our said sovereign lord's late most noble great-grandfather and his realm for the time, and allegedly committing upon his true lieges depredations, robberies, spuilzies, harrying and raising of fire in treasonable manner, and the alleged invading of this realm by way of arms and battle, the most part of the said crimes, albeit they had been relevantly and specially libelled, as they are not yet of their own nature, they are not treason, and none of them was relevantly and specially qualified, neither designing with what persons in particular, at what time or times, in what place, against whom in special and for what particular and special cause the said pretended leagues and bonds were allegedly made, nor against what persons in special, at what time or times and in what place or places the said pretended depredations, robberies, spuilzies and fire-raising were allegedly done committed by the said late John Lindsay, nor yet with whom, how and in what place or places the said pretended invasion was likewise done or committed by the said late John. Without specification and qualification of the which necessary circumstances in particular, no summons nor indictment of treason nor no other criminal accusations could stand nor be sufficient, but was altogether general and inept. And albeit all the said pretended crimes of treason and lese-majesty had been relevantly and specially qualified, as is above-designed, nevertheless before any lawful sentence or doom of forfeiture might or could justly have been given thereupon, and before the said late John Lindsay ought or could have been through this justly condemned of treason or lese-majesty before everything, the execution and endorsements of the said pretended summons and indictment therein contained according to the common law and practice of this realm all times observed in such cases ought and should have been, as was not, sufficiently verified and proven by the officer and sheriff in that part there immediately, and by the persons whom he took witness at the time of the alleged citations and summoning of the said late John Lindsay, and the said sheriff and his witnesses ought to have been solemnly sworn that he executed the said pretended summons the days and in manner respectively contained in the pretended endorsements thereof; and that the said witnesses stood beside, heard and saw the same executed and publicly proclaimed according to the said endorsements and were taken witnesses, which was not done. And likewise the said pretended summons and execution, with the committing of the alleged crimes above-mentioned contained therein, ought and should have been sufficiently verified and proven against him either by witness, writs or else some other lawful mark of probation and trial, which was in no way done in the said pretended process, whereupon the said pretended process and doom of forfeiture proceeded before the giving or pronouncing thereof. But true it is there was no witness produced, sworn nor examined nor no other lawful kind of probation or sufficient trial used nor prosecuted against the said late John Lindsay upon the said pretended summons, indictment and crimes above-expressed for proving thereof that might justly have induced the said sentence and doom of forfeiture to have followed and been pronounced against him. And consequently, the same was wrongfully, rashly and evilly given and pronounced against the order and form of the laws and practice of the realm in all times bygone observed in such cases, and therefore the said pretended sentence and doom of forfeiture ought and should be reduced, retreated, rescinded, made void and annulled and decreed and declared by decreet of our said sovereign lord and his highness's parliament to have been from the beginning and likewise to be in all time coming null and of no value, force nor effect with all that has followed or may follow thereupon; and the said James Lindsay now of Barcloy, great-grandson and heir by progress to his said late great-grandfather, for him, his heirs and successors and assignees, ought and should be restored by decreet foresaid in its entirety against the said pretended sentence and doom to their honour, loyalty of blood, fame, state and estimation whereby they may hold and possess all and sundry their lands, rents, heritage, goods, gear and offices pertaining or that may lawfully pertain to him or them or which pertained of before to the said late John Lindsay of Wauchope, his great-grandfather, likewise in all respects as if the said pretended sentence and doom of forfeiture had never been given. Which reason of reduction being found relevant by the king's majesty and estates of this present parliament, the same was referred to the said pursuer's probation, who presently verified the same reason by production of the foresaid process, sentence and doom of forfeiture, certain sasines, other writs and probation sufficiently likewise as was clearly understood to the said estates of parliament, and therefore they gave their decreet in manner before-specified, and ordain letters to be direct to make publication at all places needful of this present decreet of parliament in the appropriate form.
[1593/4/21]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament statute, declare and ordain that whatsoever gift of escheat, liferent or forfeiture of [William],† earl of Angus, George, earl of Huntly, Francis, earl of Erroll, Sir Patrick Gordon of Auchindoun, knight, and other persons specified in the summons of treason depending against them before this present parliament shall happen to fall and become in his majesty's hands and at his disposition through sentence of forfeiture to be pronounced contrary against them or through any other their rebellion and abiding at his highness's horn proceeding upon causes of treason, the same to be granted and conveyed by his majesty, with advice of seven of his ordinary council sitting in judgement, to the effect the utility and profit of their said escheats, liferents or forfeitures may be wholly applied to his highness's proper use, and in any way by inopportune suits or indirect means conveyed and converted to the utility of their wives, bairns, friends or others whatsoever. And in case any of their said escheats shall happen to be granted and conveyed otherwise than by the order before subscribed, decrees and declares the same to be null and of no value, force nor effect, and the nullity to be received as well by way of exception as action.
[1593/4/22]*[print] [email] [cite] [preceding] [following]
The king's majesty and estates of this present parliament find, decree and declare that the whole persons summoned in this present parliament to be forfeited for the slaughter of the late James, earl of Moray within his place of Donibristle (notwithstanding the inconvenient relaxation used and produced by his highness's advocate), to the effect they might have compeared and stand in judgement in defence against the said summons of forfeiture, shall incur and fall in the danger of the loss of their liferents as being a year and a day at the horn from the first time of their denunciation for committing of the said slaughter likewise and in the same manner as if the foresaid relaxation had never been granted, executed nor intervened, to the effect that the gifts of escheat and liferent of the foresaid rebels already conveyed or to be conveyed to the said late Earl of Moray's bairns, brother and sisters may have and take full effect and be converted to their particular benefit and commodity, without prejudice always of such persons contained in the said summons of forfeiture as have obtained special remissions of the foresaid crime, and of William Gordon of Auchindoir, whom the king's majesty has ordained to be deleted out of the said summons of treason according to a special warrant given by his majesty to that effect; as also without prejudice of the gifts of escheats and liferent already conveyed by his majesty of the foresaid persons contained in the said summon of forfeiture, or any of them, to Sir George Home of Spott, knight, and John Livingstone of Dunipace, younger.
[1593/4/23]*[print] [email] [cite] [preceding] [following]
The which day in presence of our sovereign lord and estates of this present parliament compeared personally Master John Skene [of Curriehill], advocate to our sovereign lord, and produced a writing subscribed by his majesty, of the which the tenor follows: Rex, Master David MacGill [of Cranstoun-Riddel] and Master John Skene, our ordinary advocates, we greet you well. Forasmuch as we understand by very credible narration made to us that William Gordon of Auchindoir is altogether innocent of the crimes for which he is accused to be forfeited in this our parliament contained in the summons of treason, directed forth against him and certain others relating thereto, therefore it is our will and we expressly command you and either of you that with all goodly diligence you obliterate and delete the said William Gordon's name and surname with his style out of the said summons and executions thereof, so that no kind of process be led against him at the said parliament for any crime contained therein, and this act shall be a sufficient warrant to you. Subscribed with our hand at Holyroodhouse 16 July and of our reign the 26th year 1593. It is thus subscribed, James Rex. According to the which writing and for obedience of the same, the said Master John Skene, as advocate to our sovereign lord and in his highness's presence and estates foresaid, desired the clerk register and his deputes to delete the said William Gordon out of the summons of treason and lese-majesty pursued by his highness against the said William Gordon of Auchindoir and certain his accomplices, for the alleged art, part, counsel and assistance in the burning of the house and place of Donibristle committed upon 7 February 1591 [1592] and cruel murdering and slaying of James [Stewart], earl of Moray therein; who, at command of his highness's letter presently in judgement, obliterated and deleted the said William Gordon of Auchindoir's name, surname and style out of the body of the said summons of treason and executions thereof, whereupon Master John Dempster, advocate, in name and on behalf of the said William Gordon, asked instruments.
[1593/4/24]*[print] [email] [cite] [preceding] [following]
The which day, in presence of the king's majesty and estates of this present parliament, compeared John Leslie of Balquhain and produced the offers underwritten for the part of William [Douglas], earl of Angus, George [Gordon], earl of Huntly, Francis [Hay], earl of Erroll, Sir Patrick Gordon of Auchindoun, knight, and Sir James Chisholm of Dundurn, knight, persons accused and suspected of the crimes of lese-majesty, of the which offers the tenor follows: In the first, forasmuch as the said persons are indicted and accused of lese-majesty for consulting and concluding for the inbringing of strangers and subversion of the religion at length contained in their summons of forfeiture, if it will please your majesty and estates to select and choose certain others of your majesty's council or parliament to entreat and commune either with the said persons themselves or their friends, they shall not only declare and make notified their innocence and show their goodwill and obedience to your majesty and country, but also they never meant nor attempted neither directly nor indirectly contrary to your majesty's person, state of the country nor religion publicly professed therein. Item, after the trial of their innocence, to take away all occasion of suspicion, the said persons offers for continuance of their dutiful service to your majesty in time coming that they shall never traffick nor hold intelligence with any foreign nation or prince, in hurt or prejudice of your majesty's person, estate, commonwealth and religion, but to follow your majesty in all time coming as your most obedient and humble subjects against whatsoever your majesty's enemies, and this security to be made in such sufficient form as shall be thought expedient. Item, your majesty being satisfied, for removing of all kind of slander and evil conceived opinion by the kirk against the said persons, they are content, after communing had with certain ministry to be depute by your majesty and kirk to that effect, in case they after reasoning may be thoroughly resolved not only to satisfy the kirk for any slander, but also concerning the whole heads and articles of religion; otherwise, if they cannot be thoroughly resolved, they are content to depart out of the country, there to remain during your majesty's pleasure, or until they satisfy the kirk in the premises; and to that effect, and in case foresaid, most humbly craves your majesty's licence. And in the meantime, for your majesty's and kirk's better satisfaction, the said persons shall remove out of their company all suspect persons of religion. Which being read, heard and considered by the said estates, and they therewith being advised, the foresaid estates, for their advice to his majesty relating thereto, finds it fit and expedient in case the said noblemen and others foresaid conform not themselves to his majesty and his laws presently established within this country regarding the religion professed within the same, that his highness grant them licence upon their humble suit to be made to that effect to pass out of the country upon such conditions and to such unsuspected places as his highness and his council shall prescribe and appoint. And in case they will neither conform themselves as said is to his highness and to the religion presently professed, neither yet will pass out of the country according to the directions to be given to them, that his majesty and his said council take order therewith as they think most fit for quieting of the country and estate of religion. And in the meantime, that they remain under the process and summons of forfeiture executed against them in this present parliament until further probation may be had and received of the crimes of treason and lese-majesty libelled against them therein.†