[A1593/4/19]*[print] [email] [cite] [preceding] [following]
The parliament of the most excellent prince James VI, held in Edinburgh on 21 July in the year of the Lord 1593, by our said supreme lord the king, himself present, with all the estates of the realm, together with Lord William Keith, marischal depute, William Henderson, constable depute, Robert Fraser, sheriff depute, and James Nisbet, dempster.
[A1593/4/20]*[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 place of Holyroodhouse and Falkland the times libelled, which in matters of highest 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 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, his 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 Scotland etc., and so forth word by word as the whole body of the summons bears.
Here follows the tenor of the executions and endorsements of the said summons of treason upon 26 March the year of God 1593, and so forth word by word as the tenor of the executions so far as they are executed against the earl of Bothwell.
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 thrice 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 compeared 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, which estates all in one voice found the same relevant against the said Earl of Bothwell. Therefore the said advocates of new, for verifying of the said reason 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 probations 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 probations and to pronounce their sentence of parliament therein according to the same probations 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 probations 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 as 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 pains of treason and extreme punishment appointed by the laws of this realm. And this I give for doom.