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The which day, in presence of the king's majesty, his nobility, council and estates presently convened, compeared personally Alexander [Seton], lord Urquhart, for himself and in name of the persons underwritten, his colleagues, and gave in the supplication subscribed with their hands containing the demission in his highness's hands of the commission of his majesty's exchequer, with all privileges pertaining thereto, desiring that the same supplication might be registered in the books of secret council, to the effect mentioned therein. Which desire his highness and the said lords finding reasonable, have ordained and ordain the said supplication to be registered in the said books to the effect foresaid, of the which the tenor follows: Sovereign lord, to your majesty your highness, nobility and lords of secret council, humbly shows, we, your grace's servants, the commissioners of your highness's exchequer under-subscribing, that where it pleased your highness above one year since to appoint us to be commissioners of your highness's exchequer and to have the guiding of your majesty's rents, which burden we have undertaken and borne out for the space of one year with great difficulty, until since then it has pleased your majesty to burden us with the affairs of your majesty's secret council and criminal justice, over and above our offices in the session and the commission regarding the governing of the queen, your majesty's dearest bedfellow, her living and rent accepted by us with a solemn oath long before; whereby albeit we be most willing to continue in your majesty's service, which we shall never leave for no peril nor difficulty so long as it shall please your majesty to accept of the same, yet perceiving so many burdens to be imposed on us that it is impossible to us or any man to sustain the same, or to discharge faithfully the half thereof, therefore, by the tenor hereof, we most humbly demit and give over in your majesty's hands the said commission of the exchequer, with all privileges, fees and casualties pertaining thereto, to the effect your majesty, with the good advice of the honourable number of nobility presently convened, may provide others to accept that burden for the space of one other year as we have done, or longer at your majesty's pleasure, wherein they shall have all the help, furtherance and assistance which lies in our wits and power to assist them. Likewise we are most willing and ready to be employed either in this or any your majesty's service with others of the nobility and qualified men to be partakers of the burden with us, and shall serve therein so far as our power possibly will extend. And we are content and consents that this our demission be acted and registered in the books of secret council for future memory. In witness whereof, we have subscribed this document with our hands at [...] the [...] day of January the year of God 1596 [1597]. It is thus subscribed, [Robert Seton, lord] Seton, Urquhart, [Walter Stewart, commendator of] Blantyre, M[aster] J[ohn] Lindsay [of Balcarres], M[aster] J[ames] Elphinstone [of Invernochty],† M[aster] T[homas] Hamilton [of Drumcairnie], Master John Skene [of Curriehill], P[eter] Young [of Seaton].
[A1597/1/6/7]*[print] [email] [cite] [preceding] [following]
†The king's majesty, his nobility and council presently convened, moved with the extreme indignity done to his majesty in the seditious and treasonable uproar committed against his majesty sitting in his seat of justice in the tolbooth of Edinburgh upon 17 December last, with which his majesty, his nobility and council can burden none but the provost, bailies, council and whole body of the said burgh where the said pernicious fact was devised and executed by so great a number of the burgesses and indwellers of chiefest rank and authority within the same, that his majesty, his nobility and council are persuaded that the said magistrates and body of the said town, by devising, enterprising, executing, allowance and sanction of the said fact, are universally guilty of the said odious and treasonable uproar, the impunity whereof might breed such dishonour and unquietness to his majesty, his person, crown and estate as could at no time hereafter be sufficiently repaired; and yet, being desirous that the malice of the pernicious offenders breed no inconvenience to the well affected and obedient inhabitants of the said burgh, if any be, and that the punishment exceed not the persons of the guilty, to the effect the offenders may underlie their deserved pains and the innocent and obedient inhabitants of the said burgh may be relieved both of peril and infamy due to the committers of the said odious and treasonable attempt, therefore his majesty, with advice foresaid, has given and granted and by this act gives and grants full power and commission, express bidding and charge to the provost, bailies and council of the said burgh, or so many of their burgesses as they shall think good and agree amongst themselves, to try by whatsoever form and manner they shall think fit all and sundry persons, devisors, executors, accessories and partakers of the said treasonable uproar and insurrection, as well as the persons that are presently detained for the same (which persons are presently delivered to the said provost, bailies and council with their depositions to this effect), as also all others persons which are or shall be suspect to have been accessory thereto or upon the foreknowledge of the same. With power to the said provost, bailies and council to follow forth the said trial by examination, warding, torture or other manner of way by advice of Master John Preston, Master John Sharp and Master William Oliphant, through which the said trial and whole circumstances thereof may always be had, found out and delivered to his majesty in such form as there shall rest, nothing to be done but justice and execution to follow thereupon; and that the said provost, bailies and council make the guilty persons to be surely kept and report their exact diligence of their trial to his majesty without all excuse, shift or delay between now and 1 February next to come, through which his highness may proceed thereafter and administer justice according to the law. And that by their effectual diligence relating thereto, they may resolve his majesty, his nobility and council of the suspicion conceived by them of the guiltiness of the said magistrates and whole body of the town by clearing of their own good parts and presenting to his majesty's self justice of the special offenders guilty of the devising and execution of the treasonable attempt foresaid; certifying them if they fail, that they shall be reputed, held and esteemed as accessory thereto and partakers of the said treasonable fact and shall be called, pursued and punished for the same as treasonable traitors to the death, with all rigour and extremity.