[A1593/4/1]*[print] [email] [cite] [preceding] [following]
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, of our sheriffs specially constituted in that part. We mandate and instruct that you 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 to 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, 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 weapons 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 appeared 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 appear before us or our justice on the said day and in the said place, with continuation of days, to demonstrate loyal testimony in the foresaid case, under pain of the law. Also, you shall hand over the said letter, duly executed and endorsed, to its bearer. Also you who have served 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.
[A1593/4/2]*[print] [email] [cite] [preceding] [following]
1. William Porteous, Edinburgh
Upon 26 March the year of God 1593, I, William Porteous, messenger, because all the whole persons following were fugitive and could not be apprehended personally, whereof some of them also had no certain dwelling place, therefore I passed at command of these our sovereign lord's letters under the quarter seal to the market cross of Edinburgh, and after three oyes, as use is, there by open proclamation lawfully summoned, warned and charged Francis [Stewart], sometime earl of Bothwell, Gilbert Penicuik, John Rutherford of Hunthill, elder, Thomas Rutherford of Hunthill, younger, Simon Armstrong, younger, of Whitehaugh, committers of the crimes respectively within specified, to compear in parliament on 1 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 witnesses: 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.
2. William Porteous, Jedburgh
Upon 30 March the year of God foresaid, I, the said William Porteous, messenger, because all the whole persons following were fugitive and could not be apprehended personally, whereof some of them also had no certain dwelling place, therefore I 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, Gilbert Penicuik, John Rutherford, elder, of Hunthill, Thomas Rutherford, younger, of Hunthill, Simon Armstrong, younger, of Whitehaugh, committers of the crimes respectively within specified, to compear in parliament on 1 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 three several just copies upon the said market cross, and immediately thereafter, upon the day, month and year of God foresaid, I, the said William Porteous, messenger, passed at command of these said letters and lawfully summoned, warned and charged the said John Rutherford of Hunthill, elder, and Thomas Rutherford of Hunthill, younger, at their dwelling place of Hunthill, because I could not apprehend them personally, after I had knocked six several times at the gate of the place thereof respectively where they used to dwell, and affixed two just copies 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, and George Cunningham, with diverse others; and for the more witnessing to this my endorsement, my signet is affixed.
3. William Porteous, Haddington
Upon 31 March the year of God foresaid, I, the said William Porteous, messenger, because all the whole persons following were fugitive and could not be apprehended personally, whereof some of them also had no certain dwelling place, therefore I 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, Gilbert Penicuik, John Rutherford of Hunthill, elder, Thomas Rutherford of Hunthill, younger, committers of the crimes respectively within specified, to compear in parliament on 1 June next to come, with continuation of days, in the tolbooth of Edinburgh to the effect within contained, after the form and tenor of the letters within written in all points, whereof I affixed a just copy upon the foresaid cross, and immediately thereafter, upon the day, month and year foresaid, I, the said William Porteous, messenger, passed at command of these said letters and lawfully summoned, warned and charged the said Francis, sometime earl of Bothwell at his dwelling place of Morham, because I could not apprehend himself personally, after I had knocked six several times at the gate of his place thereof 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 within written letters 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.