[1609/4/5]*[print] [email] [cite] [preceding] [following]
The parliament of the said most powerful prince James, by the grace of God, king of Great Britain, France and Ireland, defender of the faith, held in Edinburgh on 17 June in the year of the Lord 1609, by the most powerful George [Keith], earl Marischal, by virtue of the commission dated at Greenwich on 6 June 1609 and granted to the said earl, under the great seal of the realm of Scotland, and by all the estates of the realm.
[1609/4/6]*[print] [email] [cite] [preceding] [following]
The which day the said George [Keith], earl Marischal produced in presence of the whole estates now presently convened the commission underwritten, given under the great seal, of the date at Greenwich, 6 June 1609, of the which commission the tenor follows:
James, by the grace of God, king of Great Britain, France and Ireland etc., and protector of the faith, gives greetings to all his good men whom this present letter reaches. Since we have not been able in our royal person to be involved in the following public committees of the estates of our realm of Scotland called on 15 June in Edinburgh, as we have been prevented by our greater and more serious business elsewhere, it is necessary that we choose someone from the number of illustrious nobles of our said realm to take the place of our royal person in the said committees of the estates, someone who can ratify and approve by the said estates of the realm gathered at the time, to be carried in our name and by our authority, all acts and statutes of general relevance to the convenience of the state and also of particular relevance to the interests of particular individuals. Hence on account of our singular affection towards our most loyal kinsman and councillor George, earl Marischal, lord Keith, and on account of the large number of instances of loyal obedience and of duties carried out for us by him, we have made, established and ordained, and by our present charter we do make, establish and ordain our same kinsman George, earl Marischal as our commissioner or supreme procurator for the next committees of our foresaid order, only. We give and grant to him our full authority to use and exercise the said office with all the competent privileges, respects and pertinents of such a post, and particularly relating to prorogation, desertion, expiry and finally continuation. For this we give and grant by the present document to our foresaid commissioner our full and free authority by his consent to ratify, confirm and approve all and any acts, statutes and decreets, general and particular, which require to be strengthened or decided by the estates of our said realm, and to do, use and exercise, all and singly, everything which was carried out by the late John [Graham], earl of Montrose, our supreme procurator in previous public committees after our departure from our said realm, or by our beloved kinsman and councillor [Ludovic Stewart], duke of Lennox, our supreme procurator in the most recent committees held there. We declare by the present document that it shall be in order and lawful for the foresaid Earl Marischal, now our commissioner or supreme procurator, to do, use and exercise, all and singly, everything contained in commissions granted to either of them, as if they had been inserted and contained expressly and in full in this commission of ours. Therefore we instruct and order, all and singly, those in whose interest it is or shall be that they should promptly obey, answer to and pay attention to our said commissioner or supreme procurator in that part, in respect of everything, all and singly, relating to the foregoing, under pain of every penalty which can be deemed competent in that part. In testimony of this we have instructed that our great seal be applied to this present charter of ours, at our palace of Greenwich, on 6 June in the year of the Lord 1609, and in the forty-second and seventh years of our reign. Upon the production of the which commission, the said Earl Marischal asked instruments.
[1609/4/7]*[print] [email] [cite] [preceding] [following]
The which day Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, in his highness's name, produced a summons of treason raised at the instance of our said sovereign lord and his highness's said advocate against John [Maxwell], lord Maxwell for certain crimes of treason committed by him against our sovereign lord, and thereupon he asked instruments; and thereafter the foresaid summons of treason being read in presence of the whole estates in parliament and the said John, lord Maxwell being thrice called at the tolbooth window by Sir David Lindsay of the Mount, knight, lyon herald, and his brethren colleagues, to have answered to the said summons of treason raised by our said sovereign lord against him, and the said John, lord Maxwell in no way compearing in the said matter, the executions of the said summons of treason were instantly verified in presence of the said whole estates in manner following, that is to say: by John Yellowlees, Dingwall pursuivant, executor of the execution at the market cross of Edinburgh, against the said John, lord Maxwell upon 27 January 1609, and also executor of the execution executed upon 28 January the year of God foresaid against the said John, lord Maxwell at the pier and shore of Leith; and also by John Moncur, messenger, and James Chapman, servant to the said John Yellowlees, witnesses inserted in the same executions. The which John Yellowlees and his said two witnesses being all personally present in presence of the said whole estates this instant day, made faith and thereby declared that the said John Yellowlees summoned, warned and charged the said John, lord Maxwell at the market cross of Edinburgh and pier and shore of Leith, and that the said James Chapman and John Moncur were his witnesses, and declared that they were required by him to be witnesses to the same executions, and that they heard and saw the said John Yellowlees execute the said summons of treason against the said John, lord Maxwell at the market cross of Edinburgh and pier and shore of Leith in manner specified in the same executions in all points.
[1609/4/8]*[print] [email] [cite] [preceding] [following]
And likewise the said John Yellowlees made faith that he lawfully summoned, warned and charged the said John, lord Maxwell upon 4 and 5 February 1609 at the castles of Caerlaverock, Langholm and Dumfries, and at the market cross of Dumfries, to have compeared before our sovereign lord in this his highness's present parliament at a certain day bygone, with continuation of days, and that John Dickson in Langholm and James Chapman were witnesses to his said executions. Which two witnesses being personally present made faith and thereby declared that they were witnesses required by the said John Yellowlees to the said executions executed at the said castles of Caerlaverock, Langholm and Dumfries, and that they heard and saw the said John Yellowlees execute the same in manner specified therein. Upon the verification of the which summons, the said Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, asked instruments.
[1609/4/9]*[print] [email] [cite] [preceding] [following]
And in like manner the said Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, produced in presence of the said estates another summons of treason raised at the instance of our sovereign lord and his highness's advocate, against Robert Logan, eldest lawful son and apparent heir to the late Robert Logan of Restalrig and his tutors and curators, if he has any, for their interest, and all others having or pretending to have interest in the said matter underwritten, to have compeared before our sovereign lord and estates of parliament at a certain bygone, with continuation of days, to have answered to a summons of treason and to have heard and seen the said late Robert Logan of Restalrig, his father, decreed and declared to have committed certain crimes of treason and lese-majesty, and therefore his posterity and memory to be extinct forever. Upon the production of the which summons, the said lord advocate asked instruments. And thereafter the said advocate produced in presence of the said estates John Blindseil, Islay herald, executor of the execution executed upon 16 February 1609 against the said Robert Logan at the market cross of Edinburgh, and also produced Archibald Bald and John Moncur, messengers, witnesses contained in the same executions, which John Blindseil made faith that he executed the same execution upon the said 16 February 1609 against the said Robert Logan, his tutors and curators and all others having or pretending to have interest, and that he required the said Archibald Bald and John Moncur to be his witnesses. The which two witnesses being personally present made faith that they were required by him to be his witnesses, and that they heard and saw the said John Blindseil make the foresaid execution in manner specified therein. Upon the which verification, the said advocate likewise asked instruments.
[1609/4/10]*[print] [email] [cite] [preceding] [following]
And also the said John Blindseil made faith that he summoned the said Robert Logan and his tutors and curators and all others having or pretending to have interest in the said matter upon 21 February last at the market cross in Greenlaw, and that he lawfully summoned him personally apprehended upon 22 February; and also that he summoned the said Robert Logan and his foresaids upon 23 February and year of God foresaid at the market cross of the burgh of Haddington, and that he required Andrew Watt, common postmaster, and Alexander Cumming to be his witnesses to the same executions, and that they heard and saw the said John Blindseil execute the same in manner specified therein, and were required witnesses by him to that effect. Upon the verification of the which summons of treason executed against the said Robert Logan and his foresaids, the said advocate also asked instruments.
[1609/4/11]*[print] [email] [cite] [preceding] [following]
The which day the whole estates of parliament chose these persons underwritten to be upon the articles, that is to say:
The which day the lord [George Keith], earl Marischal, great commissioner, and whole estates ordain the lords of articles to convene in the tolbooth of Edinburgh every day during this present parliament, to conclude and consult upon such things as are directed to them by the king's majesty.