[1609/4/13]*[print] [email] [cite] [preceding] [following]
The which day Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, produced in presence of the said noble and mighty lord the said [George Keith], earl Marischal, commissioner, and in presence of the whole estates, likewise he did diverse times of before, a summons of treason raised and pursued by our said sovereign lord and by his highness's advocate against John [Maxwell], lord Maxwell, to have answered to the points of the said summons and to the crimes of treason and lese-majesty contained therein; the which summons and reasons and causes therein contained being first read in presence of the lords of articles of this present parliament, they found the same summons relevant, and thereafter this instant day the same summons of treason, being read in presence of the said lord commissioner and of the whole estates of this present parliament, the said Lord Maxwell being thrice called at the tolbooth window to have answered to the said summons of treason and compeared not, the said whole estates found the said summons raised by our said sovereign lord and his highness's advocate against the said Lord Maxwell and the whole three reasons and causes therein contained and every one of them relevant, and therefore they admitted the same to the said advocate's probation.
And immediately thereafter, the said Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, in his highness's name, for proving of the points of the said summons of treason and whole reasons and causes contained therein, repeated all the depositions of the witnesses examined before the lords of articles and lords of secret council of before for proving of the said whole three reasons and every one of them, together with diverse acts of parliament, laws and constitutions of this realm, Sir James MacConnell's conviction for breaking of ward out of the castle of Edinburgh, letter of horning against the said Lord Maxwell for non-compearance before the lords of secret council to answer before them for his breaking of ward out of the castle of Edinburgh, for the burning made by him at Dalfibble and for slaughter of [Sir James Johnstone], laird of Johnstone, with diverse other writs and probations produced by the said lord advocate for proving of the foresaid summons of treason and whole three several reasons and causes contained therein, and every one of them, and renounced further probation; and thereupon the said advocate asked instruments. And likewise the said advocate produced in presence of the said lord commissioner and whole estates letters of relaxation bearing the said John, lord Maxwell to be relaxed by James Douglas, messenger, from the process of all hornings at the market crosses of Lochmaben and Dumfries upon 15 March 1609, and at the market cross of Edinburgh by John Moncur, messenger, upon 23 March, the year of God above-written, as at more length is contained in the said letters of relaxation subscribed by James Primrose, clerk to the secret council, of the date 6 March last, and registered in the clerk of register's books 23 March 1609. And upon the production of the said letters of relaxation, the said advocate likewise asked instruments and desired the said process of forfeiture to be advised by the said whole estates.
The which day the said Sir Thomas Hamilton of Binning, knight, after he had repeated and produced all his probations to the said whole estates which he would use for proving of the points of the said summons and reasons and causes therein contained, raised and pursued at the instance of our said sovereign lord and his highness's advocate against the said John, lord Maxwell, whereby he was summoned before our said sovereign lord and his estates of parliament at a certain day bygone, with continuation of days, to have answered to the points and crimes of treason and lese-majesty contained in the said summons; of the which summons the tenor follows:
James, by the grace of God, king of Great Britain, France and Ireland, and defender of the faith, gives greetings to our beloved lyon king of arms, Islay, Albany, Ross, Rothesay, Snowdon, Marchmont, heralds, David Bryson, Alexander Douglas, James Chalmers and Master William Stewart, macers, Ormond, Bute, Unicorn and Carrick pursuivants, messengers, and any of you, jointly and severally, our sheriffs specially constituted in that part. We mandate and instruct you to summon lawfully and peremptorily before witnesses John, lord Maxwell, in person if you can have his presence in person, but if not at the market crosses of our burghs of Edinburgh and Dumfries, and at the castles of Caerlaverock and Dumfries, and the dwellings of the said John, lord Maxwell before his flight from the law, and rebellion, and also at the port, commonly called the shore and pier of Leith, and other places necessary, on 60 days' notice, because he is considered to be outwith our realm of Scotland, that he should compear before us or our commissioner and justice and estates of our realm of Scotland, in our parliament in Edinburgh, or where it happens that we or our said commissioner, justice and the estates of our said realm meet, to be held on 12 April next, at the time of dealing with cases, with continuation of days, in order to answer to us or our commissioner and justice in our foresaid parliament, and at the instance of our beloved and loyal councillor Thomas Hamilton of Binning, knight, our advocate for our interest, for the nefarious, dastardly and treasonable crimes of lese-majesty of John himself, as set out below, perpetrated and committed by him and others with his instruction, persuasion, assistance and approval, and of which he was and is aware and part of, art and part. Further it is decided, for sight and hearing by us or our commissioner and justice and the three estates of our said realm, that he has committed crimes of lese-majesty as set out below in the following manner, and has incurred the penalties established for that by law, namely loss of lands and all goods, movable and immovable, and offices, rights and all other things within our said realm pertaining or in any way able to relate or pertain to him. And the said totality of his goods, properties, lands, tenements, offices, dignities, rights, and advantages competent within our said realm, or which could in any way relate to him, are forfeit to us, and they belong to us and remain with us in perpetuity within the laws and customs of our realm, for the causes and reasons which follow. First, this is because, not only by a decreet of our dearest late grandfather James V, most illustrious king, promulgated in his parliament in the year of the Lord 1528 [1529], but also by a law carried by us in our parliament in the year 1567, it is established that any people who burn people within their own houses, and all setters of fires in buildings and crops, and all other deliberate and malicious fireraisers committing the said crime with a premeditated and thought-through plan, shall be guilty of lese-majesty. It is certain that the said John, lord Maxwell, contemptuous since his youth, given to contumacious rebellion against the law and contempt of our authority, by nature and bad habit, when he had been ordered by a large number of letters of ours in the years of the Lord 1598, 1599, 1600, 1601 and 1602, on pain of rebellion, to pay the rents of his properties of Duncow, Trive Grange and its mill (which had been united and annexed as part of the demesne of our crown and had been possessed by the said John, lord Maxwell and his predecessors as emphyteusis and feu ferm holders and tenants), and also had been ordered to render accounts to us and to exchequer auditors regarding the other rents and taxes within our foresaid stewartries of Annandale and Kirkcudbright which were due to us for many preceding years, as steward of the said provinces and borders, as was incumbent upon him by virtue of his office, and also pay the said rents, dues, taxes and other sums of money when he was due to, on pain of rebellion; further, that he should compear before the lords of our council in the said years, to answer for various instances of his contempt, rebellion, breakings out from our prisons, violent attacks outwith our wardenships, and other crimes and misdeeds committed and perpetrated by him. Nevertheless he persistently disregarded all our orders and instructions and for these reasons and many other instances of rebellion was put to the horn by us. So that however he might preclude himself from all hope of pardon by us, and deserve the extreme penalties of the law by his most infamous crimes, on [...] February in the year of the Lord 1602, accompanied by Charles Maxwell, called of Kirkhouse, Robert Maxwell of Dinwoodie and other associates and companions in crime, to the number of 20 men illegally gathered, and armed with helmets, lances, breastplates, guns, carbines and other banned arms, because of the inveterate hatred and malice the said John had long harboured against the late William Johnstone, brother of Wilkin Johnstone of Elshieshields and John Johnstone, brother of James Johnstone of Hazliebrae, on account of the deadly enmities between the Maxwells and Johnstones, approached the township of Dalfibble, lying within the parish of Kirkmichael and our sheriffdom of Dumfries, where he, with the said Charles Maxwell, called of Kirkhouse, Robert Maxwell of Dinwoodie, and other servants and friends of his, monstrously and maliciously attacked the said William Johnstone who was living quietly and peacefully in the said township of Dalfibble, not suspecting any injuries, sieges or attack, and drove him into his house in the said township of Dalfibble, and so as to deprive him of all hope of safety, deliberately and according to a plan treasonably set fire to the house of the said William and burned it down. Such was the violence of the flames that the said William was forced to dash out; he cruelly killed him. He immediately went to the house of Cuthbert Bratten who lived in the same township and equally maliciously, cruelly and by a deliberate and considered plan set fire to it, and burned alive within the same house the said late James Johnstone, called of Briggs, and utterly destroyed by fire the house of the said Cuthbert. These treasonable crimes were perpetrated by the plotting, orders, help and advice of the said John, lord Maxwell. The said John, lord Maxwell was and is art and part (commonly airt and pairt) of them, and should suffer and endure the said penalties of treason and lese-majesty set down by law for crimes of this kind. Secondly, because it has been established by us and by the estates of our said realm of Scotland in our eleventh parliament that murder of any of our subjects, when the murderer is under the trust, credit, assurance and power of the slayer (commonly under the trust, credit, assurance and power of the slayer), every such murder and homicide committed in future shall be a crime of lese-majesty, and and anyone who is convicted of that crime in the due course of law shall forfeit his life, lands and all his goods to us. Indeed it is the case that the said John, lord Maxwell on 11 June or thereabouts in the year of the Lord 1605, before the lords of our privy council, returned to grace and friendship with the late Lord James Johnstone of Dunskellie, knight, and solemnly promising to forget all previous enmities, gave him his trust and his right hand as a sign of sincere reconciliation and future friendship. He promised, with a great oath, that the said late James would be safe and immune, by his intervention, from any injury, loss, attack or danger from him, his parents, relatives, friends, dependents, servants and all who attended him, in future, and gave him a signed letter or reconciliation (commonly, a letter of slains) as testimony and confirmation of the foregoing. The said late Lord James, putting his trust in this, behaved with negligence and lack of caution, and the said John, lord Maxwell, learning of this, and burning with a most foul urge for revenge, began plotting with the said Charles Maxwell, called of Kirkhouse, in March and April past by what trickery they could best draw the said late James Johnstone into a trap and treasonably kill him. Eventually they decided that it would suit them best to draw Lord Robert Maxwell of Spottes, knight, in both their names, dear and loyal to the said Lord James, into a trap. Hence when the said Lord Robert had been called to him, the said John, lord Maxwell carefully worked with him to draw the said late Lord James to meet with him, so that he might devise a closer friendship and familiarity, and could with the help of the said Lord James obtain from us a pardon for his crimes, on account of the foresaid acts of rebellion and many other things because his contempt of our letters in the years of the Lord 1603, 1604, 1605, 1606, 1607 and 1608 addressed to him under pain of rebellion, and denouncing him to the horn. When the said Lord Robert reckoned that this really was being demanded, with the encouragement of the said John, and having formerly been given his word that the meeting would be safe and a peaceful and harmless way back, he frequently plotted with the said late Lord James and persuaded him to meet the said Lord Maxwell in peace, accompanied only by a friend or arbiter to the forementioned effect, solemnly promising that in the name and by the orders of the said John, lord Maxwell his approach and return would be safe and sure. Influenced by these persuasions and promises, the said late Lord James, on 6 April last, accompanied by William Johnstone, called of Lockerbie, with a sword and no other arms, followed the said Lord Robert Maxwell and came to the muir between Arthurstane and Trailflat, where he spotted two horsemen hiding from his approach. With the encouragement of the said Lord Robert he stopped for a short time in that spot, until Lord Robert came forward, and seeing that the said two horsemen were John, lord Maxwell and Charles Maxwell, called of Kirkhouse, declared that he had brought the said Lord James Johnstone to the planned parley, and sought renewal of the oath previously given by the said Lord Maxwell regarding the safety of the said Lord James and William Johnstone regarding their safe and sound approach and return from the parley. When he got this from the said Lord Maxwell for himself and the said Charles Maxwell, the name and power of God having been invoked, the said late Lord James Johnstone, trusting so many promises and oaths, was taken to the place agreed for the parley, to the said Lord Maxwell. Greetings having been exchanged as usual among friends, they uncovered their heads and met, and ordered the said Charles Maxwell and William Johnstone to stop, and proceeded to the parley with Lord Robert Maxwell in the middle, with one on his right and the other on his left as he rode, and when they had peacefully and, as it appeared, amicably discussed the matters they had met for, the said Charles Maxwell, as had been agreed between him and the said John, lord Maxwell, approached the said William Johnstone, contrary to what had been agreed, to seize his pommel disagreeably and contentiously. And so he asserted that he had not come to the meeting willingly, so if he had known its purpose in advance he would, he said, not have been there. When William replied that he hoped the outcome of that parley would be pleasing and useful to the noblemen and their friend and dependants, Charles asserted that that was impossible and called all the other Johnstones robbers and traitors. William, however, lest he should be responsible for starting an argument, said he would put up with an insult rather than disrupt the parley of the two of them, and although frustrated by such patience of the said William, Charles could not find any excuse for a fight. Intending, however, to follow through what he had previously intended, having provoked the said William neither by words nor by action, he prepared his carbine and cruelly and treasonably attacked him, and pierced his coat and clothes with two balls, and when the Lord James Johnstone, disturbed by the noise and the voice of William shouting that he was suffering an attack on his life, turned towards him, asked what was the reason for such a foul deed, the said Lord John Maxwell approaching the late Lord James Johnstone from behind, when he feared nothing of this kind, treasonably aimed the carbine which he had hidden and ready under his coat at the said Lord James, and with inhuman cruelty, foully and treasonably, over his shoulder killed him with two poisoned balls in his body and vitals. He slaughtered him while under his trust, credit, assurance and power (commonly under his trust, credit, assurance and power) contrary to the oath he had given and the friendship embarked upon in the presence of the said lords of our council and the oft interjected oath of the said Lord Robert Maxwell renewed by the said John, lord Maxwell. Of these crimes the said John, lord Maxwell is a knowing participant, art and part, and hence he ought to undergo and suffer the penalties established by law for lese-majesty, as has been said. Thirdly, it is because it is set down, by the common law of all races and by Roman civil law, and by the laws of our realm, and beyond all memory has been observed by received and approved custom, that a person who damages the public majesty, or embarks upon a plot by his work, planning, deceit or malice to take up arms against the state, or who lets go someone who has been thrown in prison as guilty of lese-majesty, is held to have committed lese-majesty. Indeed, it is manifest that the said John, lord Maxwell, when he had been sent to custody in Edinburgh Castle because he pertinaciously refused to obey the orders of ourselves and our council, embarked upon a plot - with Sir James MacConnell of Dunyvaig, who was detained in chains in the same castle on account of many crimes of lese-majesty and treason - as to how best they could violently and treasonably break out of the said custody, to the manifest contempt and damage of our majesty. They received a pledge of support for their crime from the said Robert Maxwell of Dinwoodie and conspired to seize arms from the guards and thereby treasonably prepare an exit for themselves from the said castle by force. And to complete this the more easily, on [...] December in the year of the Lord 1607, having invited the guards to a light-hearted and free Christmas drinking session of novelty, and snatching their swords from them by force, they then shut the guards in a locked room, and proceeded, armed, to the door of the interior of the said castle. Its guard, Andrew Struthers, on account of his loyalty to us, tried to prevent their escape, but they laid him low, and nearly dead, with many wounds to the head, arm, hand, other parts of his body and his throat, and for a similar reason, his wife Margaret Philip was barbarously and cruelly wounded. They made their way through the said interior door to the middle door of the castle, where they treasonably attacked Archibald Cunningham, its guard, who refused to hand the keys over to them; they cruelly wounded him in the arm and violently snatched the keys from him. Forcibly opening the door, the said John, lord Maxwell and Lord James MacConnell treasonably broke out, climbed the wall next to the east gate of the city, and made their escape, until below the castle, by the diligence of our other loyal subjects who pursued them, the said James MacConnell was caught and dragged back to prison, while the said John, lord Maxwell fled at speed and escaped. Thus John, lord Maxwell damaged our majesty, and embarked on a plot by his work, advice, deceit and malice, by which arms were taken up against us by him and by the said James, lord MacConnell and Robert Maxwell of Dinwoodie. Also he released the said Sir James MacConnell, thrown into prison as guilty of lese-majesty, and was and is a knowing participant in all the said crimes of lese-majesty, art and part, and should undergo and suffer the penalties set down by law for them. Therefore it is decreed, declared and ordained for seeing and hearing, by us and by our commissioner and justice and by the said three estates of our realm of Scotland, that the said John, lord Maxwell has perpetrated and committed the foresaid crimes of lese-majesty, by himself and by others with his orders, persuasion, planning, help and support and has been and is a knowing agent (commonly art and part), and therefore ought to bear and suffer the appropriate legal penalties for the said crimes of treason and lese-majesty, namely loss and confiscation of life, and of all goods both immovable and movable, lands and tenements, dignities, offices, rights, and everything else relating to him. The said lands, properties and all movable and immovable goods, dignities, honours and rights and everything else relating or pertaining to the said John, lord Maxwell, or which could relate or pertain to him in any way, are forfeit to us and pertain to us and remain in perpetuity as our property. Further, it is necessary for him to answer in respect of the foregoing and submit to the law. It is intimated to the said John, lord Maxwell that whether he has compeared on the said day and in the said place, with continuation of days, or not, either we or our said commissioner and justice and the said estates of our realm shall proceed in regard to the foregoing, in line with justice. Further, you are to summon to compear before us or our commissioner and justice and the said estates of our realm in the said parliament on the said day and in the said place at the hour of cases, with continuation of days, to demonstrate loyal testimony in respect of the foresaid, under pain of the law. Also, you shall hand over the present letter, duly executed and endorsed, to their 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 commissioner and justice, and the three estates of the realm bearing with you written proof of your summons in relation to the foregoing, or witnesses themselves. To carry this out, we give full authority to you, and to whomsoever of you, our sheriffs in this regard, jointly and severally, by virtue of the present document. Given under testimony of our great seal, at Edinburgh on 6 January 1609, and in the forty-second and sixth years of our reign.
Follows the executions upon 27 January 1609:
I, John Yellowlees, Dingwall pursuivant, passed at command of this our sovereign lord's summons of forfeiture, given under the testimonial of his highness's great seal, to the market cross of Edinburgh, and there by open proclamation, after three several sounds of trumpet with his majesty's coat of arms displayed upon me and reading of the summons within written, lawfully and peremptorily summoned John, lord Maxwell to compear before our sovereign lord or his majesty's commissioner of parliament of his highness's realm of Scotland, justice general and three estates of the said realm in the parliament to be held at Edinburgh, or where it shall happen our said sovereign lord or his commissioner, justice and three estates of the said realm to convene for the time, 12 April next in the hour of cause, with continuation of days, to answer to his majesty's justice. And also at the instance of his highness's well-beloved and trusty councillor Sir Thomas Hamilton of Binning, knight, his highness's advocate for his majesty's interest, that is to say, the said John, lord Maxwell to hear and see himself discerned by his majesty, his highness's commissioner, justice and three estates of Scotland, to have committed the crimes of treason and lese-majesty within written and to have incurred the punishment due thereto, namely the loss of his life, lands and goods, and likewise to have forfeited and lost his hope and appearance of succession and all other rights and commodities competent to him for the causes within specified according to the tenor of the said summons of forfeiture raised against him in all points; of the which I affixed and left a just and authentic copy upon the said market cross. This I did before these witnesses, Archibald Bald, John Moncur, messengers, and James Chapman, my servant. And for the more verification hereto, subscribed with my hand, my signet is affixed. It is thus subscribed, John Yellowlees, Dingwall pursuivant.
Upon 28 January 1609, I, John Yellowlees, Dingwall pursuivant, passed at command of this our sovereign lord's summons of forfeiture given under the testimonial of his highness's great seal to the pier and shore of Leith, and there by open proclamation, after three sounds of trumpet with his majesty's coat of arms displayed upon me and reading of the within written summons, lawfully and peremptorily summoned the said John, lord Maxwell to compear before our sovereign lord or his majesty's commissioner of parliament of his highness's realm of Scotland, justice general and three estates of the said realm in the parliament [to] be held at Edinburgh or where it shall happen our sovereign lord or his highness's commissioner, justice and three estates foresaid to convene for the time, 12 April next in the hour of cause, with continuation of days, to answer to his majesty's justice, and at the instance of his highness's well-beloved and trusty councillor Sir Thomas Hamilton of Binning, knight, his highness's advocate for his majesty's interest, that is to say, the said John, lord Maxwell to hear and see himself discerned by his majesty, his highness's commissioner, justice and three estates of Scotland to have committed the crimes of treason and lese-majesty within written, and to have incurred the punishment due thereto, namely the loss of life, lands and goods, as likewise to have forfeited and lost the hope and appearance of succession and all other rights and commodities competent to him for the cause within written, according to the tenor of the said summons of forfeiture raised against him in all points; of the which I affixed a just and authentic copy upon the said pier and shore of Leith. This I did before these witnesses, John Moncur, messenger, and James Chapman, my servant. And for the more verification hereto, subscribed with my hand, my signet is affixed. It is thus subscribed, John Yellowlees, Dingwall pursuivant.
Upon 4 February 1609, I, John Yellowlees, Dingwall pursuivant, passed at command of this our sovereign lord's summons of forfeiture given under the testimonial of his majesty's great seal to the castles of Caerlaverock and Dumfries, dwelling places of John, lord Maxwell of before his rebellion and during the time of his being within this country, and also to the market cross of Dumfries, respectively, and there by open proclamation, after three sounds of trumpet with his majesty's coat of arms displayed upon me and reading of the within written summons, lawfully and peremptorily [summoned]† John, lord Maxwell to compear before our sovereign lord or his majesty's commissioner of parliament of his highness's realm of Scotland, justice general and three estates of the said kingdom in the parliament to be held at Edinburgh or where it shall happen our sovereign lord or his commissioner, justice and three estates of the said realm to convene for the time, 12 April next in the hour of cause, with continuation of days, to answer to his majesty's justice, and also at the instance of his highness's advocate for his majesty's interest, that is to say, the said John, lord Maxwell to hear and see himself discerned by his majesty or his highness's commissioner, justice and three estates of Scotland to have committed the crimes of treason and lese-majesty within written, and to have incurred the punishment due thereto, namely the loss of his life, lands and goods, and likewise to have forfeited and lost the hope and appearance of succession and all other rights and commodities competent to him for the causes within specified, according to the tenor of the said summons of forfeiture raised against him in all points; of the which I affixed a just and authentic copy upon each one of the said castles and dwelling places foresaid after I had knocked six several knocks at each one of the gates of the said castles respectively, as also I affixed an authentic copy of the said summons upon the said market cross of Dumfries. This I did before these witnesses, John Dickson in Langholm, James Chapman, my servant, and Thomas Greenlees, trumpeter. And for the more verification hereto, subscribed with my hand, my signet is affixed. It is thus subscribed, John Yellowlees, Dingwall pursuivant.
Upon 5 February 1609, I, John Yellowlees, Dingwall pursuivant, passed at command of this our sovereign lord's summons of forfeiture given under the testimonial of his majesty's great seal to the place of Langholm, being also one of the said John, lord Maxwell's dwelling houses, and there by open proclamation, after three sounds of trumpet with his majesty's coat of arms displayed upon me, lawfully and peremptorily summoned the said John, lord Maxwell to compear before our sovereign lord or his highness's commissioner of parliament of his majesty's kingdom of Scotland, justice general and three estates of this realm, in the parliament to be held at Edinburgh or where it shall happen our sovereign lord's commissioner, justice and three estates of the said realm to convene and meet for the time, 12 April next in the hour of cause, with continuation of days, to answer to his majesty's justice, and also at the instance of his majesty's well-beloved and trusty councillor Sir Thomas Hamilton of Monkland, knight, his highness's advocate for his interest, that is to say, the said John, lord Maxwell to hear and see himself discerned by his majesty's highness commissioner, justice and three estates of Scotland to have committed the crimes of treason and lese-majesty within written, and to have incurred the punishment due thereto, namely the loss of life, lands and goods, and likewise to have forfeited and lost the hope and appearance of succession and all other rights and commodities competent to him for the causes within specified, according to the tenor of the summons of forfeiture raised against him in all points; of the which I affixed and left a just and authentic copy upon the principal gate of the said place of Langholm, being one of the said Lord Maxwell's dwelling places as said is, after I had knocked six several knocks at the gate thereof, according to the act of parliament. This I did before these witnesses, Thomas Greenlees, trumpeter, John Dickson in Langholm, and James Chapman, my servant. And for the more verification hereto, subscribed with my hand, my signet is affixed. It is thus subscribed, John Yellowlees, Dingwall pursuivant, having the said John Yellowlees' signet or stamp affixed to each one of the said four executions.
The which summons, with the executions and endorsements thereof respectively foresaid, being this instant day read in presence of our sovereign lord's commissioner and estates of parliament, first in Latin and thereafter in Scots, the said John, lord Maxwell, being often called of new at the tolbooth window of the said burgh of Edinburgh to have compeared and answered to the said summons and reasons and causes therein contained, and he not compearing to have defended in the said matter, and to have answered to the said summons, the said Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, desired the said estates' declaration if the reasons of the said summons were relevant against the said Lord Maxwell; the which estates found the said summons and the reasons and causes therein contained and every one of them relevant; therefore the said advocate of new for proving of the foresaid three reasons and every one of them, bearing and containing as is above-written, repeated all the depositions of the witnesses examined before the said lords of articles and lords of the secret council respectively, with diverse acts of parliament, laws and constitutions of this realm, Sir James MacConnell's conviction for breaking of ward out of the castle of Edinburgh, letters of horning against the said Lord Maxwell for non-compearance before the lords of secret council to answer for his breaking of ward out of the said castle of Edinburgh, for the burning made by him at Dalfibble and for the slaughter of the said late laird of Johnstone, with all other writs and probations produced of before this instant day by the said advocate for proving of the foresaid summons of treason and whole three reasons and causes contained therein and every one of them, and desired the said estates of parliament to advise the probations foresaid led and deduced in the said matter, and to pronounce their sentence of parliament therein according to the same probations and their consciences. And thereafter, the whole writs, depositions of witnesses and probations being read, seen and considered by the said whole estates of parliament, and they therewith being ripely advised, the said lord commissioner and estates of parliament find, decree and declare that the said John, lord Maxwell committed and did open and manifest treason in all the points, articles and manner contained in the said summons, and therefore it was given for doom by the mouth of David Lindsay, dempster of parliament, in manner and form as follows:
This court of parliament shows for law the said John, lord Maxwell to have committed and done all the foresaid crimes of treason and lese-majesty by himself and others of his causing, command, assistance and ratihabition against our said sovereign lord and his authority, and that he is and was guilty and partaker, art and part of the same crimes of treason in all manner at length contained in the reasons of the said summons; and therefore decrees and declares that the said John, lord Maxwell ought and should underlie and suffer the pains competent to the said crimes of treason and lese-majesty, namely the loss and confiscation of his life and all his goods, moveable and unmoveable, lands, tenements, dignities, offices, rights and all other things belonging to him, and all the said lands, rooms and all goods, moveable and unmoveable, dignities, offices, rights and all others belonging and pertaining to the said John, lord Maxwell, and which may in any way belong and pertain to him to be confiscated, to pertain to our said sovereign lord and to remain with his majesty forever in property. And this I give for doom.
[1609/4/14]*[print] [email] [cite] [preceding] [following]
And also the said Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, produced in presence of the said noble and mighty lord the said [George Keith], earl Marischal, commissioner foresaid, and in presence of the whole estates, likewise [he]† did diverse times of before, a summons of treason raised and pursued by our said sovereign lord and by the said advocate against Robert Logan, eldest son to the late Robert Logan of Restalrig, and his tutors and curators, if he has any, and all others having or pretending to have interest in the said matter, for their interest, to have answered to the said summons and to the crimes of treason and lese-majesty contained therein; the which summons and reasons and causes therein contained being first read in presence of the lords of articles of this present parliament, they found the same summons relevant; and thereafter this instant day the same summons of treason and reasons and causes therein contained, being read in presence of the said lord commissioner and of the whole estates of parliament, the said Robert Logan, eldest son to the said late Robert Logan of Restalrig, and his tutors and curators and all others having or pretending to have interest, being thrice called at the tolbooth window to have answered to the said summons of treason and compeared not, the said whole estates found the said summons of treason raised by our said sovereign lord and his highness's advocate against the said Robert Logan and his foresaids and the reason and cause contained th[ere]in most relevant causes of treason committed by the said late Robert Logan of Restalrig, his father, in his lifetime; and therefore the said estates all in one voice admitted the same summons of treason and reason and cause of treason contained therein to the said advocate in our sovereign lord's name, his probation, whereupon the said advocate, in name of his highness, asked acts and instruments.
And immediately thereafter the said Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, in his highness's name, for proving of the points of the said summons and reason and cause of treason and lese-majesty contained therein, repeated diverse missive bills, all written and subscribed by the said late laird of Restalrig, all the depositions of the witnesses examined before the lords of articles of before and before the lords of secret council, George Sprott's depositions and conviction and his execution to the death for the same cause of treason of Gowrie, together with diverse writs and other probations which were presently produced before the said estates by the said lord advocate in our sovereign lord's name for proving of the foresaid summons of treason and reason and cause of lese-majesty contained therein; of the which missive bills and depositions produced by the said advocate in our sovereign lord's name for proving of the said summons of treason and reason therein contained against the said Robert Logan and his foresaids, the tenors follows: Right honourable sir, my duty with service remembered, please you understand my lord [John Ruthven, earl of] Gowrie and some others of his lord's friends and well-wishers who tender his lord's preferment are upon the resolution you know for the revenge of that cause, and his lord has written to me regarding that purpose, whereto I will accord in case you will stand to and bear a part. And before you resolve meet me and M[aster] A[lexander] R[uthven] in the Canongate on Tuesday the next week, and be as prepared as you can, indeed M. A. R. spoke with me four or five days since, and I have promised his lord an answer within 10 days at farthest. As for the purpose how M. A. R. and I have set down the course, it will be a very easily done turn and not far by that form with the like stratagem whereof we had conference in bis[...] h[...],† but in case you and M. A. R. forgather, because he is somewhat fanciful, for God's sake be very wary with his reckless to this of Padua, for he told me one of the strangest tales of a nobleman of Padua that ever I heard in my life resembling the like purpose. I pray you, sir, think nothing although this bearer understand of it, for he is the special secretary of my life. His name is [James Bower], laird of Bowerhouse and was old [Sir George Home of] Manderston's man for dead and life and even so now for me. And for my own part he shall know of all that I do in this world so long as ever we live together, for I make him my household man. He is well worthy of credit and I recommend him to you always to the purpose. I think best for our scheme that we meet all at my house of Fast Castle, for I have concluded with M. A. R. how I think shall be fittest to be convoyed quietest in a boat by sea, at which time upon sure advertisement I shall have the place very quiet and well provided. And as I receive your answer, I will post this bearer to my lord, and I pray you as you lose your own life because it is not a matter to be taken lightly, be circumspect in all things and take no fear but all shall be well. I have no will that either my brother or yet Master W. R.,† my lord's old pedagogue, know anything of the matter until all be done that we would have done, and then I care not who get knowledge that love us. When you have read, send this my letter back again with the bearer that I may see it burnt myself, for so is the fashion in such errands, and, if you please, write your answer on the back hereof, in case you will take my word for the credit of the bearer and use all expedition, for the turn would not be long delayed. You know the king's hunting will be shortly and then shall be best time, as M. A. R. has assured me that my lord has resolved to enterprise that matter. Looking for your answer, commits you to Christ's holy protection. From Fast Castle, 18 July 1600. It is thus subscribed, yours to utter power ready, Restalrig.†
Laird Bower, I pray you haste you west to me about the errand I told you and we shall confer at length of all things. I have received a new letter from my lord Gowrie, concerning the purpose that M[aster] A[lexander], his lord's brother, spoke to me before, and I perceive I may have advantage of Dirleton in case his other matter take effect as we hope it shall. Always I beseech you be at me tomorrow evening, for I assured his lord's servant that I shall send you over the water within three days with a full resolution of all my will regarding all purposes, as I shall indeed recommend you and your trustiness to his lord as you shall find an honest recompense for your pains. In the end I care not for all the land I have in this kingdom, in case I can seize Dirleton, for I esteem it the most pleasant dwelling in Scotland. For God's cause keep all things very secret, that my lord my brother gets no knowledge of our purposes, for I'd rather be buried quick. And so looking for you, I rest until meeting. From the Canongate, 18 July.
Postscript: I am very ill at ease and therefore speed you hither. It is thus subscribed, yours to power ready, Restalrig.†
Right honourable sir, all my hearty duty with humble service remembered, since I have taken on hand to enterprise with my Lo[rd] Go[wrie], your special and only best beloved, as we have set down the scheme already, I will request you that you will be very circumspect and wise, that no man get an advantage of us. I doubt not but you know the peril to be both life, lands and honour in case the matter be not wisely used. And for my own part, I shall have a special respect to my promise that I have made to his lord and M. A., his lord's brother, although the scaffold were set up. If I cannot reach Falkland the first night, I shall be timeously in Perth the following day. Indeed, I expected for my lord himself or else M. A., his lord's brother, at my house of Fast Castle as I wrote to them both. Always I repose on your advertisement of the precise day, with credit to the bearer, for albeit he be but a silly old squint-eyed man, I will answer for him that he shall be very true. I pray you, sir, read and either burn or send again with the bearer, for I dare hazard my life and all I have else in the world on this message, I have such proof of his constant truth. So commits you to Christ's holy protection. From the Canongate, 27 July, 1600.
Postscript: I usually do not write on the back of any of my letters concerning this errand. It is thus subscribed, yours until all power with humble service ready, Restalrig.†
My lord, my most humble duty with service in most hearty manner remembered, at the receipt of your lord's letter I am so comforted especially at your lord's purpose communicated to me therein, that I can neither utter my joy nor find myself able how to encounter your lord with due thanks. Indeed, my lord, at my being last in the town M. A., your lord's brother, imparted somewhat of your lord's intention regarding that matter to me. And if I had not been busied about some turns of my own, I thought to have come over to Perth and spoken with your lord. Yet always, my lord, I beseech your lord both for the safety of your honour, credit and more than that your life, my life and the lives of many others who may perhaps innocently smart for that turn afterwards, in case it be revealed by any, and likewise the other destruction of our lands and house and extirpating of our names. Look that we be all as sure as your lord, and I myself shall be for my own part, and then I doubt not but with God's grace we shall bring our matter to an end which shall bring contentment to us all that ever wished for the revenge of the Machiavellian massacring of our dearest friends. I doubt not but M. A., your lord's brother, has informed your lord what course I laid down to bring all your lord's associates to my house of Fast Castle by sea, where I should have all materials in readiness for their safe receiving on dry land and into my house, making as it were but a manner of passing time in a boat on the sea in this fair summertime, and no other strangers to frequent my house until we had concluded on the laying of our scheme, which is already devised by M. A. and me. And I would wish that your lord would either come or send Master A. to me, and thereafter I should meet your lord in Leith or quietly in Restalrig, where we should have prepared a fine hattit kit† with sugar and sweetmeats and wine, and thereafter confer on matters. And the sooner we brought our purpose to pass, it would be better before harvest. Let not M. W. R., your old pedagogue, know of your talking together, but rather would I if I dare be so bold to entreat your lord once to come and see my own house where I have kept my lord bo.† in his greatest extremities, say the king and his council what they would. And in case God grant us happy success in this errand, I hope both to have your lord and his lord with many others of your well-wishers and his at a good dinner before I die. Always I hope that the king's buck† hunting at Falkland this year shall prepare some dainty cheer for us against that dinner the next year, jokingly to animate your lord at this time, but afterwards we shall have better occasion to make merry. I protest my lord before God I wish nothing with a better heart than to achieve to that which your lord would gladly attain to, and my continual prayer shall tend to that effect and with the large spending of my lands, goods, indeed, the hazarding of my life shall not affray me from that, although the scaffold were already set up, before I should falsify my promise to your lord, and persuade your lord thereof, I believe your lord has a proof of my constancy already or now. But my lord, whereas your lord desires in your letter that I crave my lord my brother's mind regarding this matter, I totally dissent from that that he ever should be a councillor thereto, for in good faith he will never help his friend nor hurt his foe. Your lord may confide more in this old man, the bearer hereof, my man Laird Bower, than in my brother, for I trust my life and all that I have else in his hands, and I believe he would not spare to ride to hell's gate to pleasure me and he is not beguiled of my part to him. Always, my lord, when your lord has read my letter, deliver it to the bearer again that I may see it burnt with my own eyes as I have sent your lord's letter to your lord again, for so it is the fashion. I grant and I pray your lord rest fully persuaded of me and all that I have promised, for I am resolved albeit it were to die tomorrow I may entreat your lord to dispatch Bower and give him straight direction on pain of his life, that he take never a wink of sleep until he see me again, or else he will utterly undo us. I have already sent another letter to the gentleman your lord knows, as the bearer will show your lord of his answer and forwardness with your lord, and I shall show your lord further at meeting when and where your lord shall think fittest. To which time and ever I commit your lord to the protection of the almighty God. From Gunsgreen, 29 July, 1600.
Postscript: Prays your lord hold me excused for my unseemly letter, which is not so well written as is necessary, for I dare not let any of writers know of it but took two sundry idle days to do it myself. I will never forget the good sport that M. A., your lord's brother, told me of a nobleman of Padua. It comes so often to my memory and indeed it is appropriate to this purpose we have in hand. It is thus subscribed, your lord's own sworn and bound man, to obey and serve with sincere and ever ready service to his utter power until his life's end, Restalrig.
Right honourable sir, my hearty duty remembered, you know I told you at our last meeting in the Canongate that M. A. R., my lord Gowrie's brother, had spoken with me regarding the matter of our conclusion, and for my own part I shall not be last. And since I got a letter from his lord's self for that same purpose, and upon the receipt thereof, understanding his lord's frankness and forwardness in it, God knows if my heart was not lifted 10 stages. I posted this same bearer to his lord, to whom you may entrust all your heart in that as well as I, for and it were my very soul I dare make him messenger thereof. I have fit experience of his truth in many other things: he is a silly old squint-eyed man but wonder honest. And as he has reported to me his lord's own answer, I think all matters shall be concluded at my house of Fa[st Castle], for I and M. A. R. concluded that you should come with him and his lord and only another man with you, being but only four in company, in one of the great fishing boats by sea to my house, where you shall land as safely as on Leith shore. And the house again, his lord coming, to be quiet. And when you are about half a mile from shore as it were, passing by the house, to cause set forth a signal. But for God's sake let neither any knowledge come to my lord my brother's ears, nor yet to M. W. R., my lord's old pedagogue, for my brother is sensitive to shoe behind† and dare not enterprise for fear, and the other will dissuade us from our purpose with reasons of religion which I can never abide. I think there is none of a noble heart or carries a stomach worth a penny, but they would be glad to see a contented revenge of Graysteel's† death. And the sooner the better his lord be quick and bid M. A. remember on the sport he told me of Padua, for I think with myself that the cogitation on that should stimulate his lord. And for God's cause use all your courses come discretion. Fail not, sir, to send back again this letter, for M. A. taught me that fashion that I may see it destroyed myself. So until your coming and ever commits you heartily to Christ's holy protection. From Gunsgreen, 31 July 1600. The subscription is torn from this last letter.
Follows the depositions of the witnesses produced:
Master Alexander Watson, minister at Coldingham, of the age of 50 years, married, testifies the five missive letters subscribed by the laird of Restalrig and produced in process by the lord advocate for proving of the reason of treason pursued against Robert Logan, son and apparent heir to Robert Logan of Restalrig, being shown to this witness, and he having at length sighted and considered the same, testifies that he takes upon his conscience that he verily believes that the said five missives and every one of them are verily and truly written by the said late Robert Logan of Restalrig with his own hand, and gives this reason of his knowledge, that not only he thinks that the character of every letter thereof resembles perfectly the said late Robert's handwriting in every way, but also agrees with his fashion of spelling which he has particularly remarked in every one of the said missive letters in these points following: First, that he never used to write a 'y'† in the beginning of any word, such as 'you', 'yours', 'yield', 'yes' and suchlike, but ever wrote 'y' instead of the said 'y'†; that he wrote all words beginning with 'w' with a single 'v', and when that letter 'w' fell to be in the middle or end of a word, he wrote a double 'w'; that when he wrote 'quhen', 'quhair', 'quhilk' or any such word which is usually written and spelled by others with 'quh', he wrote only 'qh', 'qhen', 'qhair' and suchlike; whenever a word began with 'con', he never wrote 'con' at length but with a 'Ø'; whenever 't' fell to be in the end of a word, he wrote it without a strike through the 't', and did the like whenever it fell in any part of a word. And for further confirmation of the premises, he produced three letters written every word and subscribed by the said late Robert Logan of Restalrig, and comparing them with the five other missives produced by the advocate, showed evidently the direct conformity of the same, as well in the character and true resemblance of the handwriting as in the spelling and writing of every written syllable and letter according to the particulars above-specified. It is thus subscribed, Master Alexander Watson.
Master Alexander Smith, minister at Chirnside, of the age of 30 years or thereby, married, testifies that he was well acquainted with the late laird of Restalrig, by reason he was pedagogue to his bairns and has seen very much of his handwriting. And having seen, read and at length considered the five missive letters produced by the advocate, and inquired if he knew the same to be the laird of Restalrig's proper handwriting, declares upon his great oath that he certainly believes the said five letters and every word thereof to be the laird of Restalrig's handwriting because he finds the character thereof to agree in every way with the shape of his ordinary writings, and remarked very particularly the manner of Restalrig's spelling of many words otherwise than other men commonly write and spell according to the whole particulars remarked of before by Master Alexander Watson, the witness immediately preceding. And in these points and all others is according to the said Master Alexander Watson's deposition in all things, given by reason of knowledge because he has perfectly acquainted with the laird of Restalrig's handwriting in his lifetime and was pedagogue to his bairns many years and in his company. It is thus subscribed, Master Alexander Smith.
Sir John Arnott [of Birswick], provost of Edinburgh, of the age of 70 years or thereby, married, testifies that he was well acquainted with Robert Logan of Restalrig and with his handwriting because he had received diverse of his letters himself, and seen many other letters written by him. And the five missives produced by the advocate being shown to him, and he having seen and considered the same, remembered that he had seen, read and perfectly considered the same of before. And after good, advised deliberation† is resolved that the said five letters are all certainly the laird of Restalrig's handwriting, as the letters written by the witness at any time are his own handwriting, and so takes on his conscience that the foresaid five missive bills produced by the advocate are the proper handwriting and subscription of the said late laird of Restalrig by his judgement. And for verification thereof, has produced four writs all written by the said late laird of Restalrig and sent to this witness and to Archibald Johnstone agreeing perfectly in spelling and character with the said missives. It is thus subscribed, Arnott.
Alexander Cook, sheriff clerk of Berwick, of the age of 50 years or thereby, married, testifies that he was well acquainted with the late laird of Restalrig and has seen many and sundry of his writs and received diverse of his letters direct to himself. And being desired to see and consider the five letters produced by the advocate and to declare whether he knew and esteemed the same to be all written by the late laird of Restalrig, testifies upon his conscience that he believes and esteems the said whole letters to be all written by the laird of Restalrig, given by reason of knowledge because not only the character agrees in every way with the shape of Restalrig's handwriting, but also the spelling in many particulars wherein Restalrig differed from other men's form of writing, and in the particulars thereof testifies according to the two first witnesses, the ministers of Coldingham and Chirnside, given by reason of knowledge to be the same. It is thus subscribed, Alexander Cook.
William Home in Ayton Mill, of the age of 33 years or thereby, married, testifies that all the five missives above-written, being shown to this witness and having at length considered every one of them, takes upon his conscience that to his knowledge that the said five missive letters are all written and subscribed by the late laird of Restalrig for the special reasons contained in the depositions made by Master Alexander Watson, Master Alexander Smith, ministers, and Alexander Cook, sheriff clerk of Berwick, to whom he is conform in all things, given by reason of knowledge to be the same. It is thus subscribed, William Home.
John Horn, notary in Eyemouth, of the age of 42 years or thereby, single, testifies the foresaid five missive bills, being at length sighted and considered by this witness, testifies and declares upon conscience to his knowledge all the said five missives are the laird of Restalrig's proper handwriting and subscription, for the reasons above-written in the deposition of William Home, given by reason of knowledge to be the same. It is thus subscribed, J. Horn.
Master William Hogg, minister at Ayton, of the age of 30 years or thereby, married, testifies that he knew well the laird of Restalrig and has seen of his writs, and produced a letter written by Restalrig to the laird of Ayton all written with Restalrig's own handwriting. And having considered the five writs produced by the advocate, declares that he thinks them likely to his writs and that the same appear to be very like his writing by the conformity of letters and spelling. It is thus subscribed, Master William Hogg.
At Edinburgh, 12 August 1608
George Sprott, notary in Eyemouth, being brought to the scaffold and place of execution, he, in public audience of the whole people at the four corners of the scaffold, ratified his former depositions regarding his knowledge and concealing of Restalrig's guiltiness of Gowrie's treason, for the which he craved God's and his majesty's humble forgiveness, being most sorry and grieved that he had offended God and the king's majesty in concealing such a wild, detestable and unnatural treason enterprised by the Earl of Gowrie and laird of Restalrig against his natural king, so good and so godly a prince who has ever been so gracious to his subjects and to this whole island, protesting that if he had a thousand lives to render and were able to suffer ten thousand deaths, it is not sufficient satisfaction and recompense for his so foul and horrible offence, and that God had preserved him from many great perils when his life was in extreme danger to bring him to this public declaration of that detestable and horrible fact in testifying of the truth, as he said publicly in presence of all the people in these words following, 'To my own shame, the shame of the devil and the glory of God, for satisfying of the consciences of all those (if any be) that have or can make any doubt of the truth of this so clear a matter'. And he acknowledges that his frequenting with Restalrig, who was a man without religion and subject to many other vices, and his obtruding of himself in these matters after the first sight of Restalrig's letter written to Gowrie, and his continual bearing of company with Restalrig and Laird Bower who were irreligious and without fear of God, brought him from one end to another and consequently upon this grief, for the which most justly, worthily and willingly he is now to render his life. And he desired all the people to be wary of evil company and namely of the company of those who are void of religion. And he desired that this his declaration might be inserted in his process, as also he desired the ministers of God's word to publish this his declaration to their flocks from their pulpits and took every one of them who were present by the hand with their promise to do the same, saying to them that this was the most glorious day that ever his eyes did see. And with these words he prostrates himself and falls upon his knees in presence of the whole people, and made a very pithy prayer, beginning in this form as follows: 'O Father, how should I call thee Father that am so unworthy to be called thy son. I have wandered astray like a lost sheep, and thou of thy mercy has brought me home to thee and has preserved my life from many dangers to this day, that I might revile these high and secret mysteries to my own shame and thy glory. And thou has promised that whatsoever a sinner from his heart will repent and call to thee with unfeigned repentance, that thou will hear him and give him mercy'. And so he continued a good space in a most fervent prayer, to the great admiration and rejoicing of all the people, and in a better form and manner than any of all the beholders and hearers can be able to set down in writing, the same not being written in the present time because there was no place of writing upon the scaffold in respect of the crowd and multitude of the people. And going up the ladder he desired liberty to sing the sixth psalm and requested the people to accompany him in singing thereof, which being granted and he being at the ladder head, the same was taken up and sung by himself with a very loud and mighty voice, and was assisted with above the number of 500 persons, who, with tears, accompanied him in singing of that song. After the ending thereof, he repeated and ratified his said former deposition, and with that, recommending his soul to God, he was cast over and so ended his mortal life. In witness whereof, we under-subscribers who, for the most part, were all of us upon the scaffold with him and remained with him to the time of his death, and others of us in so convenient places near to the scaffold that we did hear all that was spoken by him, have subscribed this statement with our hands. It is thus subscribed, [John Spottiswood, archbishop of] Glasgow, [Gavin Hamilton], b[ishop of] Galloway, M[aster] [Andrew Lamb], b[ishop of] Brechin, [Michael Balfour, lord] Balfour of Burleigh, [John Bothwell, lord] Holyroodhouse, John Preston [of Penicuik, collector], clerk register,† P[eter] Sharp, Master P[atrick] Galloway, John Hall, Walter Balcanquall, Master P[eter] Hewitt, Master H[enry] Blyth, Charles Lumsden, Richard Dobie, bailie of Edinburgh, William Speir, bailie, James Ainslie, bailie of Edinburgh.
The which missive bills and whole depositions above-written and other writs and probations produced now presently by the said lord advocate, he repeated for proving of the said summons of treason and cause therein contained and renounced further probation, and thereupon the said advocate asked instruments. And likewise, the said lord advocate produced in presence of the said commissioner and whole estates of parliament our sovereign lord's letters of relaxation, bearing the said Robert Logan, eldest son to the said Robert Logan, sometime of Restalrig, to be relaxed by Robert Logan, messenger, from the process of all hornings at the market crosses of Haddington, Duns and Greenlaw upon 7 and 8 April respectively, 1609, and at the market cross of Edinburgh by John Moncur, messenger, upon 11 April the year of God foresaid, as at more length is contained in the said letters of relaxation of the date 6 March last, and registered in the clerk of register's book 11 April 1609. Upon the production of the which letter of relaxation, the said advocate likewise asked instruments, and desired the whole estates to consider of the said probations produced and repeated by him, and to advise the said process of forfeiture and to give forth their decreet therein according thereto.
And also the said Sir Thomas Hamilton of Binning, knight, his highness's advocate, after that he had repeated and produced all his probations to the said whole estates, which he would use for proving of the points of the said summons and reasons and causes therein contained, he reproduced the said summons of treason before the said whole estates, raised and pursued at the instance of our said sovereign lord and his highness's advocate against the said Robert Logan and his tutors and curators and all others having or pretending to have interest, whereby they were summoned to compear before our sovereign lord and his estates of parliament at a certain day bygone, with continuation of days, to have heard and seen it be found that the said late Robert Logan of Restalrig committed treason and lese-majesty in his lifetime, and to hear and see his fame, name and posterity abolished, and to have answered to the whole points and crimes of treason and lese-majesty contained in the said summons, of the which summons of treason the tenor follows:
James, by the grace of God, king of Great Britain, France and Ireland, and defender of the faith, gives greetings to our beloved lyon king of arms, Marchmont, Islay, Ross, Rothesay, Albany and Snowdon, heralds, David Bryson, Alexander Douglas, James Chalmers and Master William Stewart, macers, Ormond, Bute, Unicorn and Carrick pursuivants, messengers, and any of them, jointly and severally, our sheriffs specially constituted in that part. We mandate and instruct you to summon lawfully and peremptorily before witnesses Robert Logan, first born son and heir apparent of the late Robert Logan of Restalrig, in person if you can have his presence in person, but if not at his domicile and place of dwelling, and also the said Robert Logan, his tutors and procurators, if has any, and all others who have or claim an interest, at the market crosses of our burghs of Edinburgh, Haddington, Duns, Greenlaw and any other necessary places, in such a way that this kind of summons is likely to be able to come to their notice, that they should compear before us, or our commissioner and justice and also the estates of our realm of Scotland in our parliament in Edinburgh or where we or our commissioner and justice and the said estates of the realm happen to meet, to be held on 12 April next, at the hour of hearing cases, with continuation of days, in order to answer to us or our justice and also and at the instance of our beloved and loyal councillor Sir Thomas Hamilton of Binning, our advocate, for our interest. This is for seeing and hearing, by us or by the decreet and sentence of our commissioner of justice and of the three estates of our realm, that it has been decreed that the said late Robert Logan of Restalrig has in his lifetime committed the undernoted crimes of lese-majesty, that he was a conscious participant in them, approved of them and concealed them, and that thus his memory is damned and all his goods, movable and immovable, and all other rights which relate to him within our said realm are confiscated by us, and ought to remain with us in perpetuity in the manner set out below, for the following causes and reasons. When the late James, former earl of Gowrie and the late Master Alexander Ruthven and his brother, not provoked by any injury, but bound to us by many great kindnesses, in July or thereabouts in the year of the Lord 1600, ungratefully, cruelly, nefariously and treasonably conspired towards our murder, and deliberating about companions and allies for their plot and part, considered no one more appropriate or ready than the said late Robert Logan of Restalrig to undertake or perpetrate such a monstrous crime. Therefore the said late John, formerly earl of Gowrie, sent his brother the said late Master Alexander Ruthven to the said late Robert Logan of Restalrig both to inform him of the plan for the said horrendous deed and the intended sequence of its execution, and also to encourage him to help them with his planning and assistance in the perpetration of such an unspeakable crime. The said late Master Alexander met the said late Robert Logan of Restalrig by chance in the Canongate and revealed to him the whole sequence of the treason, and the said late Robert Logan, with his natural and inveterate propensity for all crimes, declared that conspiracy to be so welcome to him that, after exchange of oaths, and after discussions with the said late Master Alexander on this subject in the said month of July, they put in place eventually the whole sequence of carrying out the crime. In that cruel and most criminal intention the said late Robert Logan of Restalrig not only persisted pertinaciously and treasonably, but sent frequent messengers and letters to the late Earl of Gowrie by the late James Bower of Bowerhouse (also known as Laird Bower). When he received these letters from the late earl on this subject, he replied and encouraged the said late John, formerly earl of Gowrie to persist strenuously with the prosecution and perpetration of the foresaid crime. He promised his castle of Fast Castle, well fortified by nature and by art, as a safe refuge ready prepared for the conspirators after the treasonable completion of the crime, if the said late earl, accompanied by three or four companions, were to wish to take refuge there in a fishing boat. Although the late Robert Logan suppressed our name and express mention of our murder in the said letters (as usually happens with such foul acts of treason), he expressed this so clearly and transparently, taking account of the time and circumstances of the deed in the said letters, that nothing could be clearer or more manifest, when at length on 5 August in the year of the Lord 1600, which they had planned to be the day of our murder, the said late John, formerly earl of Gowrie fraudulently and nefariously sent to us at Falkland his said late brother Master Alexander Ruthven and enticed us to Perth to a secluded room. The said late Master Alexander kept away our noblemen and domestics (who had followed us there, few and unarmed, abandoning the hunt planned for that day), and there tried strenuously to bring force treasonably to our life. With the divine power on our side, even though destitute of arms and any human aid, we repulsed for a long time this atrocious violence, until our servants, who were waiting in the town square nearby for us to leave the town, were attracted by our shouts, and by the wonderful providence of God Master John Ramsay, viscount of Haddington, ran forward and, noticing the said late Master Alexander trying to overpower us, drew his dagger, stabbed him in the chest and forced him to flee. Lord Thomas Erskine, viscount of Fenton, with his outstanding loyalty to us, rushed to bring help to us in the said crisis, and killed the said Master Alexander with lethal wounds. When the said late John, formerly earl of Gowrie forcefully rushed, accompanied by many co-conspirators to complete the crime they had undertaken, the said viscounts of Haddington and Fenton tried to stop him, and at great risk to their lives repelled the danger to us and protected our life, taking honourable wounds in the process. Eventually the said viscount of Haddington fiercely and fortunately pierced with his sword the heart of the late earl, breathing as it did treason and avidly hungry for our blood. Although we did not know that the said late Robert Logan of Restalrig was guilty of this treason, nevertheless he, damned by his own guilty conscience, and always fearing lest the said late James Bower, party to the said conspiracy, would expose the entire business, frequently had discussions with the said James so that he would bind himself by an oath to keep the plot secret. Eventually he was told by the said late James that the late George Sprott, a notary in Eyemouth, had seen letters written by the late Robert to the said late Earl of Gowrie on that subject at Gunsgreen before they had been sealed a few days before the crime was perpetrated. After the discovery of the plot (because the said late James Bower, totally ignorant of letters, used the help of the said late George in reading all the letters sent to or pertaining to him, and he (George) had happened to see at the said James Bower's house these letters from the said late Robert regarding that plot), hence after he had collected them to deliver them to the said late Earl of Gowrie, the said late James Bower held on to them, and thus had a complete record of the plot, and understood that the said late Robert was aware and a participant. The said late Robert Logan of Restalrig most diligently bargained with them both and persuaded them with many gifts to each, to conceal the said plot for ever and bound them not to reveal it in his lifetime. That horrendous crime of treason of the said Robert was not detected until the said late George Sprott - inspired by divine power, as it appeared - to vindicate our good name from the calumnies of the dishonest, on his own account, exposed the foresaid treasonable conspiracy and the guilt of the said late Robert Logan by many most constant confessions. He produced the letters which he had received delivered by the said late James Bower, and by a pious and penitent death, on account of such a horrendous crime concealed for so long, happily confirmed this. The said late Robert Logan of Restalrig was in his lifetime art and part, aware of and a participant in this cruel, nefarious and treasonable crime of lese-majesty, and it was perpetrated by his persuasion, encouragement, planning and help, and the said late Robert treasonably concealed the said most dastardly crime of majesty to the death and in death. Hence the said Robert Logan, son and heir apparent of the said late Robert Logan of Restalrig, and his tutors and curators, if he has any, and all others having or claiming an interest, are, for seeing and hearing that it is decreed that the name, memory and dignity of the said late Robert Logan of Restalrig is and shall be annulled, his arms and insignia are deleted from the book of arms and nobility and cancelled, so that his descendants are henceforth in perpetuity unable and incapable of possessing and enjoying the offices, honours, dignities, lands, tenements, properties, rents, possessions and all goods, movable and immovable, and other things in this our realm of Scotland. All his goods, lands, properties, tenements and any other goods, movable and immovable, and all rights relating to the said late Robert Logan of Restalrig or which pertained, related or could in any way have pertained to him after his initiation of the plot of his criminal faction and treasonable crime as mentioned above, are confiscated by us and pertain to us and remain in perpetuity in our possession. It is intimated to the said Robert Logan, son and heir apparent of the said late Robert Logan of Restalrig, and his tutors and curators, if he has any, and to others who have or claim an interest, that whether they have compeared on the said day and in the said place, with continuation of days, or not, we and our commissioner and our said justice and the said estates of our realm of Scotland shall proceed in regard to the foregoing, in line with justice, in our forementioned parliament. Further, you are to summon them to compear in our said parliament on the said day and in the said place, with continuation of days, before us or our justice and commissioner to demonstrate loyal testimony in relation to the foregoing, under pain of the law. Also, you who shall hand over our foresaid letter for execution shall be there, bearing with you proof of the said summons and yourselves as witnesses. We give authority to you, and to whomsoever of you, our sheriffs in this regard, jointly and severally, by the wording of the present document. Given under testimony of our great seal, at Edinburgh on 15 February in the year of the Lord 1609, and in the forty-second and sixth years of our reigns.
Follows the executions of the said summons: Upon 16 February 1609, I, John Blindseil, Islay herald, passed at command of these our sovereign lord's letters and summons of forfeiture within written, given under the testimonial of his majesty's great seal, to the market cross of the burgh of Edinburgh, and there, by open proclamation, after three sounds of trumpet with his master's coat of arms displayed upon me and reading the summons within specified, lawfully and peremptorily summoned, warned and charged Robert Logan, eldest son and apparent heir of the late Robert Logan of Restalrig, his father, and his tutors and curators, if he has any, for their interest, and all others having or pretending to have interest in the matter within expressed, to compear before our sovereign lord or his majesty's commissioner of parliament of his highness's realm of Scotland, justice general and three estates thereof, in the parliament to be held at Edinburgh or where it shall happen them to convene for the time, 12 April next in the hour of cause, with continuation of days, to answer to his majesty's justice, and also at the instance of his highness's well-beloved and trusty councillor Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord for his highness's interest, that is to say the said Robert Logan, his tutors and curators and all others having or pretending to have interest, to hear and see it be found and declared by his majesty, his said commissioner, justice and three estates foresaid that the said late Robert Logan of Restalrig, his father, committed the crime of treason and lese-majesty within written, and therefore to have incurred the punishment due for that at length specified and set down in the summons of forfeiture within rehearsed after the form and tenor thereof in all points, of the which summons I affixed a just and authentic copy upon the said market cross before these witnesses: Andrew Fyne, trumpeter in Edinburgh, Archibald Bald and John Moncur, messengers, indwellers in Edinburgh. And for the more verification to this my execution, subscribed with my hand, my signet is affixed hereto. On the day written below: John Blindseil, Islay herald.
Upon this 21 February, the year of God above-written, I, the said John Blindseil, Islay herald, passed at command of the said summons of forfeiture to the market crosses respectively of Greenlaw and Duns and there, by open proclamation, after three sounds of trumpet with his majesty's coat of arms displayed upon me and reading of the said summons, lawfully and peremptorily summoned, warned and charged the said Robert Logan, eldest son and apparent heir of the said 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 matter within rehearsed, to compear before our sovereign lord or his majesty's commissioner of parliament of his highness's realm of Scotland, the justice general and three estates of the said kingdom in the parliament to be held at Edinburgh or where it shall happen them to convene for the time, the said 12 April next in the hour of cause, with continuation of days, to the effect and for the crimes at length contained in the said summons of forfeiture raised against them after the form and tenor thereof in all points, whereof I affixed and left a just and authentic copy upon each one of the said market crosses of Duns and Greenlaw. This I did before these witnesses respectively: Andrew Fyne, trumpeter in Edinburgh, Andrew Watt, postmaster there, and Alexander Cumming there. And for the more verification of this my execution, subscribed with my hand, my signet is hereto affixed. It is thus subscribed, John Blindseil, Islay herald.
Upon 22 February the year of God above-written, I, the said John Blindseil, Islay herald, passed at command of the said summons of forfeiture and, by virtue thereof, with his majesty's coat of arms displayed upon me, lawfully and peremptorily summoned, warned and charged the said Robert Logan, eldest son and apparent heir of the said late Robert Logan of Restalrig, his father, personally apprehended at the place of Fairneyside, and delivered to him a just and authentic copy of the said summons of forfeiture to compear before our sovereign lord or his majesty's commissioner of parliament of his highness's realm of Scotland, justice general and three estates thereof in the parliament to be held at Edinburgh or where it shall happen them to convene for the time, 12 April next in the hour of cause, with continuation of days, to answer to his majesty's justice, and also at the instance of his highness's trusty and well-beloved councillor Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord for his highness's interest; that is to say, the said Robert Logan and his tutors and curators and all others having or pretending to have interest to hear and see it be found and declared by his majesty, his said commissioner, justice and three estates foresaid that the said late Robert Logan of Restalrig, his father, committed the crimes of treason and lese-majesty within written, and to have incurred the punishment due thereto, at length specified in the said summons after the form and tenor thereof in all points. This I did before these witnesses: Andrew Fyne, trumpeter in Edinburgh, Andrew Watt, postmaster there, and Alexander Cumming there. And for the more verification of this my execution, subscribed with my hand, my signet is affixed. It is thus subscribed, John Blindseil, Islay herald.
Upon 23 February 1609, I, the said John Blindseil, Islay herald, passed at command of the said summons of forfeiture to the market cross of the burgh of Haddington and there, by open proclamation, after three sounds of trumpet with his majesty's coat of arms displayed upon me and reading of the said summons of forfeiture, lawfully and peremptorily summoned, warned and charged Robert Logan, eldest son and apparent heir to the late Robert Logan of Restalrig, his father, and his tutors and curators, if he has any, for their interest, and all others having or pretending to have interest in the matter within expressed, to compear before our sovereign lord or his majesty's commissioner of parliament of his highness's realm of Scotland, justice general and three estates thereof, in the parliament to be held at Edinburgh or where it shall happen them to convene for the time, 12 April next in the hour of cause, with continuation of days, to answer to his majesty's justice, and also at the instance of his highness's trusty and well-beloved councillor, Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord for his highness's interest, that is to say, the said Robert Logan and his tutors and curators and all others having or pretending to have interest to hear and see it be found and declared by his majesty, his said commissioner and justice and three estates foresaid that the said late Robert Logan of Restalrig, his father, committed the crimes of treason and lese-majesty within written, and to have incurred the punishment due thereto at length specified and set down in the summons of forfeiture within rehearsed after the form and tenor thereof in all points; of the which summons I affixed a just and authentic copy upon the said market cross. This I did before these witnesses: Andrew Fyne, trumpeter in Edinburgh, Andrew Watt, common postmaster there, and Alexander Cumming there. And for the more verification of this my execution, subscribed with my hand, my signet is affixed. It is thus subscribed, John Blindseil, Islay herald, having his signet affixed to the said whole executions.
The which summons, with the executions and endorsements thereof respectively foresaid, being this instant day read in presence of his majesty's commissioner and estates of parliament, first in Latin and thereafter in Scots, the said Robert Logan, being often called of new at the tolbooth window of the said burgh of Edinburgh to have compeared and answered to the said summons of treason and reasons and causes therein contained, and he not compearing to have defended in the said matter and to have answered to the said summons, the said Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, desired the said estates' declaration if the reasons of the said summons were relevant: the which estates found the said summons and reason and cause therein contained relevant; therefore the said advocate of new, for proving of the foresaid summons of treason raised against the said Robert Logan, bearing and containing as is above-written, repeated all the foresaid missive bills and the said depositions of the said witnesses examined before the said lords of articles and lords of secret council respectively, George Sprott's depositions and conviction and his execution to the death for the same cause of treason, with the whole other writs and probations produced and repeated by him of before for proving of the foresaid summons of treason and reason therein contained, and desired the said estates of parliament yet as of before to advise the probations foresaid led and deduced in the said matter and to pronounce their sentence of parliament therein, according to the same probations and their consciences. And thereafter the whole depositions of the witnesses, missive bills and whole writs and probations being read, seen and considered by the foresaid whole estates of parliament, and they therewith being ripely advised, the said lord commissioner and estates of parliament find, decree and declare that the said late Robert Logan of Restalrig committed and did in his lifetime open and manifest treason in all the points, articles and manner contained in the said summons; and therefore it was given for doom by the mouth of David Lindsay, dempster of parliament, in manner and form as follows:
This court of parliament shows for law that the said late Robert Logan of Restalrig in his lifetime committed the foresaid crime of treason and lese-majesty, and that he was art and part, guilty and partaker thereof against our said sovereign lord and his authority royal, and that the foresaid cruel, wicked and treasonable crimes were enterprised by his causing, persuasion, council and help, likewise the said late Robert Logan of Restalrig treasonably concealed the foresaid crime of lese-majesty to his death and in his death in all manner at length contained in the said summons; and therefore decrees and declares the name, memory and dignity of the said late Robert Logan of Restalrig to be extinct and abolished and his arms cancelled, torn and deleted out of the books of arms and nobility so that his posterity shall be excluded and be unable to possess or enjoy any offices, honours, dignities, lands, tenements, rooms, rents, possessions or goods, moveable or unmoveable, rights and others whatsoever within this kingdom in all time coming, and that all the said goods, lands, rooms, tenements and other goods, moveable and unmoveable, rights and others whatsoever pertaining to the said late Robert Logan of Restalrig or which might in any way have pertained to him at any time since his conspiring of the said treasonable crimes to be escheat and forfeited to our said sovereign lord, to appertain and to remain perpetually with his majesty in property. And this I give for doom.