Procedure: commission of lieutenancy to the Earl of Angus
Commission of lieutenancy to [William Douglas], earl of Angus

The king's majesty, his nobility and estates presently convened, considering how that his highness's peaceable and good subjects, inhabitants of the countries nearest the borders, have this long time bygone sustained open and avowed harrying, robberies and depredations of the thieves and broken men dwelling within the same borders, who also make frequent raids and incursions in England to the breaking of the peace and bringing on of many other inconveniences; for repressing of the which enormities and holding of the said borders under his highness's obedience, his majesty, with advice of his said nobility, council and estates, has made and constituted and by the tenor hereof makes and constitutes his highness's right trusty cousin and councillor William, earl of Angus, lord Douglas and Abernethy his highness's lieutenant and justice within the bounds of the east, middle and west marches of this realm opposite to England and all the sheriffdoms within the same, together with the sheriffdoms of Peebles, Selkirk, East Lothian, Nithsdale, Galloway, Kyle and over ward of Clydesdale, as well as to burgh as to landward, regality as royalty (the inhabitants of the burghs of Ayr and Irvine only excepted), and that during his highness's will only; and likewise warden and justice within the bounds of the said west march and sheriffdoms and burghs appertaining thereto for the space of one year next to come after the date of this commission to the effect underwritten, giving, granting and committing to him his highness's full power and commission, express bidding and charge, lieutenant and justice courts within any part of the bounds of the said three marches and warden and justice courts within the bounds of the said west march as often as he shall think expedient to set, begin, affix, hold and continue, suits to make be called, absents to fine, trespassers to punish, penalties, amercements and escheats of the said courts to ask, lift and raise and for the same, if need be, to poind and distrenzie, the one half to his majesty and the other half to his own use for his labours to apply, all and sundry persons dwelling within the said bounds who have committed or hereafter shall commit murder, slaughter, witchcraft, theft, reset of theft, open and avowed robbery or any other capital crime importing the pain of deed (treason only excepted) to search, seek, take, apprehend and put to the knowledge of an assize thereof, and, as they shall happen to be found culpable or innocent, to cause justice be administered upon them according to the laws of this realm, discharging and secluding him always from receiving of any redress of goods from thieves and rogues for sparing of their lives for theft and robberies committed by them since his majesty's last being in Dumfries or to be committed hereafter unless it be for satisfaction of party, but that he cause execute them to the death for that according to their deservings, excepting always the redress of outrages against England; assizes, one or more needful, each person under the pain of £40 to summon, warn, choose and cause be sworn; deputes under him, one or more, with clerks, serjeants, dempsters and all other officers and members of court needful to make, create, substitute and ordain, for whom he shall be held to answer; days of truce with the opposite wardens for receiving and giving of redress according to the form observed in such cases to set, proclaim, appoint and keep; and to charge all his highness's subjects within the said bounds to rise and convene themselves in arms at all times and occasions for accompanying him to the said days of truce or pursuit of thieves or resisting of their theft and robbery, assuaging of house or advancement of his highness's authority and service under the pain of loss of life, lands and goods, his majesty's banner to display, the houses or strengths of whatsoever persons within the bounds of all the said three marches to charge to be rendered under the pains of treason or horning, the disobedients to cause denounce to the horn, their escheated goods to intromit with and uptake, the one half thereof to his own use to apply, and of the other to make yearly account and payment to his highness's treasurer, the said houses if need be to assuage, raise fire and use all kind of force and war-like engine that can be had for seizure and recovery thereof; all and sundry persons standing in deadly feud and quarrel to charge, to take and give assurance under the pain of horning, the disobedients likewise to proceed against by using the execution of horning and collection of their escheated goods. With power likewise to the said lieutenant, pledges or sureties to take and cause be taken for keeping of his highness's peace, quietness and good rule in the country and for their dutiful obedience to his majesty. With power likewise to the said lieutenant to appoint, proclaim and set courts of redress for satisfying of his highness's good subjects of such bills and complaints as were not redressed during the office of Andrew [Stewart], lord Stewart of Ochiltree, late lieutenant and warden within the said bounds, according to the form and order set down by his majesty at his being in Dumfries in the month of November last. As also to charge the keepers of his highness's own houses of Lochmaben, Annan, Langholm, Crieff or other houses and places whatsoever needful for the better execution of this present commission to make the same patent and ready to him or others to be appointed by him for reset thereof at all occasions. And to the effect the said lieutenant, warden and justice may the better effectuate the same commission in all points according to the tenor thereof, his majesty promises by this commission to grant no licences nor exemption to any persons dwelling within the said bounds from him, his office, judgement and jurisdiction nor yet to remain from any raids to be appointed by him; neither shall any persons dwelling within any of the said three marches appointed to attend upon the said lieutenant by open proclamation be subject during the time of their service and actual attendance upon him to the judgement and jurisdiction of the justice general or his deputes or other judges or judgement whatsoever but specially freed therefrom and from all raids to be made by his highness or any others during the said space, discharging the said justice general and his deputes and all other judges of all proceeding against them and of their offices in that part. In addition, his majesty, with advice of the said lords, decrees and declares by this commission that the said lieutenant, his servants nor none which by his commandment shall intromit with his highness's fortalice of Lochmaben or uptake the yearly rent and duty thereof during the time of this present service shall in any way be quarrelled nor pursued for that criminally nor civilly by any manner of way in time coming, exonerating and discharging them of the same; and discharging also all judges and ministers of his highness's laws of all proceeding against them for ever by this commission. And in case any person or persons dwelling within the bounds foresaid or any part thereof shall remain at home or absent themselves from this his highness's service and from his office, judgement and jurisdiction, with power to him in that case to proceed against them as disobedients, breakers of his highness's proclamations, and to uptake and convey upon their escheated goods thereof, the one half to his majesty's use to collect, and the other half to his own benefit to apply. Likewise his majesty promised to grant no favour nor other dispensation to any persons dwelling within the said bounds which shall suit to have any doing or favour at his highness's hands by and without the said lieutenant's knowledge, allowance or tolerance, to the hindrance always of his majesty's service to his disgrace, but shall return the same persons back again to him who shall administer justice to them as he shall be answerable thereof at his highness's hands. With power likewise to the said lieutenant to cause enquire and take up an indictment of all and sundry persons dwelling within the said bounds suspected and accused of the crimes foresaid, and to charge them to compear before him or his said deputes in his lieutenant, warden and justice courts, and to give their names in valentines to their masters or landlords commanding to enter them in the said courts and to punish the disobedients according to the laws; the prison house of Dumfries and all others prisons to command to be made patent to him at all occasions. And likewise gives power and commission to the said lieutenant and justice to cause attendance be given that no cattle nor sheep be transported out of this realm to England; and if any shall be challenged or apprehended in the transporting, to seize and intromit therewith, confiscate and escheat the same, the one half to his highness's own use, to collect and account and deliver thereof to his majesty's treasurer in his highness's name to make, and the other half to the said lieutenant's own use to apply. And if in pursuit of the said thieves and reivers or assuaging of the said houses or otherwise in the execution of this present commission or any part thereof there shall happen slaughter, mutilation, fire-raising, destruction of corns and houses or any other inconvenience whatsoever to follow, his majesty wills and grants and for his highness and his successors decrees and declares that the same shall not be imputed as crime nor offence to the said lieutenant nor persons assisting him in the execution of this present commission, neither shall they be called nor accused thereof criminally nor civilly by any manner of way in time coming, nor incur no damage nor danger through this in their persons, lands or goods, notwithstanding any his highness's laws, acts or constitutions made in the contrary, exonerating them of all pain, crime and danger that they may incur through this for ever; and generally all and sundry other things to do, exercise and use that in the premises and for execution thereof and advancement of his majesty's authority and service as is requisite to be done, firm and stable holding and for to hold all and whatsoever things they shall lawfully do herein. And that letters be directed to officers of arms, sheriffs in that part, charging them to pass and make publication of the premises to all and sundry his highness's lieges by open proclamation at the market crosses of the principal burghs within the bounds foresaid and all other places needful, through which none pretend ignorance thereof; and to command and charge all and sundry his highness's lieges to reverence, acknowledge and obey, rise, concur and assist the said lieutenant, warden and justice in all things tending to the execution of this present commission under the pain of treason.

  1. NAS, PC1/16, 607-609. In spite of the fact that this material is the same date as that above, it is in the privy council book and not that of the conventions of estates. Back