[A1567/12/47]*[print] [email] [cite] [preceding] [following]
The which day Master Robert Crichton, advocate to our sovereign lord, presented of new this instant day a summons of treason, given under the testimonial of the great seal, duly executed and endorsed, of the which the tenor follows:
James, by the grace of God, king of Scots, sends greeting to our beloved lyon king of arms, Islay, Albany, Ross, Rothesay, Snowdon, Marchmont, heralds, Thomas Crichton, William Bryson, William Purves, Hector Troop, key-keepers, Ormond, Bute, Unicorn, Carrick, pursuivants, William Barrie, Gavin Ramsay, Thomas Barrie, George Dickson, messengers, and each of them, our sheriffs in that part. We instruct and command that you summon lawfully before witnesses James [Hepburn], earl of Bothwell, James Ormiston of that Ilk, Robert, alias Hob Ormiston, his father, [John Hay, younger, of Tallo, John Hepburn, called of Bolton, Sir Patrick Hepburn of Whitecastle, Patrick Whitelaw of that Ilk],† Patrick Wilson, brother of Adam Wilson, burgess of Haddington, [Adam Murray],† William Murray, brothers, Andrew Kerr [younger, of Greenhead, Walter Kerr, Robert Kerr, his brother, John Turnbull of Gaithouscot],† Simon Armstrong, called Wanton Sim, Paris, the Frenchman, [Sir James Cockburn of Skirling, Sir Alexander Hepburn of Whitsome, Master George Halkett, John Cockburn, parson of Dolphinton, brother of the said James Cockburn of Skirling, Master Donald Fraser, archdeacon of Ross, Alexander Haitlie, natural son of John Haitlie of Mellerstain, John Haitlie, lawful son of the said laird of Mellerstain, William Edmonston, son of the parson of Fawlie, Hugh Cockburn, brother of the laird of Skirling, George Brown of Coilston, [...] Wauchope, laird of Niddrie, John Somerville, brother of the laird of Somerville, Alexander Cunningham, brother of the laird of Glengarnock, Patrick Hepburn of Fortoun, George Carkettle, son of John Carkettle of Markle, Robert Hepburn, John Hepburn, sons of the laird of Waughton, Henry Spence, brother of the laird of Wormiston, Walter Ogilvie, brother of the laird of Clova, [...] Muir of Caldwell, younger, Walter Kerr of Dolphinton, John Hepburn, son of the late parson of Dalry, Andrew Kerr of Hirsell, William Ormiston, called 'with the head', Robert Hume of Heuch, Ferdinand Hume of Broomhouse, Henry Haitlie, younger, of Mellerstain, Patrick [Hepburn], bishop of Moray, Adam Hepburn of Ballinhard, his son, George Hepburn, parson of Dalry, also his son, Patrick Hepburn, parson of Kinnoir, also his son, James Innes of Drany, [...] Kinnaird of Culbin, Sir Nicholas Tulloch, vicar of Ruthven, Michael Tulloch, his brother, Master Magnus Halcro of Burgh, Master William Moodie, John Mowat of [...], Thomas Tulloch of Fluris, Robert Sinclair, son of the late Edward Sinclair of Fluris, Patrick Hepburn of Waughton, Patrick Hepburn, his son and heir apparent, Adam Hepburn of Smeaton, William Hepburn of Gilmerton, William Newton of that Ilk, John Newton, his son and heir apparent, Master Thomas Hepburn, parson of Oldhamstocks],† personally if you can conveniently have their presence in person and otherwise at their places of habitation or by publication at the market crosses of our burghs of Edinburgh, Haddington, Jedburgh, Peebles, Duns, Lauder, Fife, Perth, Elgin, Forres and Inverness and other necessary places, if they live or stay outwith our realm or have no fixed abode therein at the said market crosses on notice of 60 days, in such a way that this kind of summons could reach their ears and notice, that they compear before us or our beloved kinsman James, earl of Moray, lord Abernethy etc., regent of our realm, or our justice, on 19 December next to come, in our next parliament beginning in Edinburgh on Monday 15th of the foresaid month of December, at the hour of causes, with continuation of days, to respond to us and our said kinsman the regent of our realm or our justice in our foresaid parliament, for their treasonable conspiracy, oathtaking, plotting, treating and execution in regard to the unspeakable and detestable murder and parricide of our late dearest father Henry [Stewart, lord Darnley], most noble king of Scots and lawful spouse of our dearest mother Mary, queen of Scots, in the months of January and February just past, and also for their treasonable and unspeakable killing of him with their servants William Taylor and Andrew MacKeg in the silence of night in their dwelling at the church of St-Mary-in-the-Field [Kirk o' Field] near our burgh of Edinburgh on 10 February at about 2 o'clock in the morning, and also for their treasonable interception of the most noble person of our dearest mother Mary, queen of Scots on her way between Linlithgow and the town of Edinburgh beside the bridges called 'Foull Briggs',† approaching her with 1,000 armed horsemen kitted out for war, in May 1567, and for their treasonable and violent imprisonment of the most noble person of our dearest mother in our castle of Dunbar and their detention of her in the said castle for a period of 12 days, thus committing the unspeakable crime of kidnap on her noble person; also for art and part, and the plotting, favour and assistance offered and demonstrated by them and any of them to the said treasonable conspirators in their foresaid unspeakable and treasonable deeds, and for their concealing and hiding of the same, and their communicating, welcoming, protection and favour offered and demonstrated to them in the foresaid treasonable conspiracies and crimes, after the unspeakable perpetration of the said treasonable crimes, and after they were denounced rebels at the horn and fugitives from the law for those reasons, and especially in our burghs and places of Elgin, Forres, Spynie and various other places in Moray, Orkney and other parts of our realm, and for the said James, earl of Bothwell's presence and that of other persons in the castle and fortress of Dunbar, and their treasonable support, fortifying and keeping of the said castle with mercenaries, guns, gunpowder and other armaments and materials against us, our royal authority and the regent of our realm in the months of July, August and September just past, notwithstanding that the foresaid persons had been requested on the strength of our letters to hand over the said castle to us and to others in our name, and rejecting our instructions and requirements they treasonably refused to hand over the said castle to us, and to our regent in our name, but treasonably continued to keep it, as they do at present. Seeing that after the foresaid murder, treason and parricide perpetrated and committed by them as has been said, in the said month of February, when our said dearest father had gone to sleep in the silence of night, the said James, earl of Bothwell, not ignorant that he was the principal conspirator, planner and doer of the foresaid abominable parricide, sought out all means and colours† with which he could cover and hide his nefarious deed in his eagerness not to let the deed come to light according to the laws and customs of our realm. Dishonestly by effort and solicitation on 28 March just past he saw to it that letters were instructed at the instance of our advocates and on 29 March brought it about that our dearest grandfather Matthew [Stewart], earl of Lennox, lord Darnley, and all others of our lieges having or claiming to have interest, were to compear at the market cross and various other places on 12 April for a prosecution in the presence of our justice and our advocates, to assist in the prosecution of the foresaid case, with ratification that if they did not then our justice and his deputes would proceed in the administration of justice in the said case in accordance with the laws and custom of the realm. These summonses were neither just nor lawful, not only against the laws and daily practice of our realm, but also with 15 days between the date of execution of the said letters and the said 12 April it is very clear that there were scarcely ten or twelve days to use for inspection of the same. None the less the said James, earl of Bothwell - not lawfully summoned nor put under caution to submit to the law for the said treasonable and abominable murder and parricide, but by his methods and efforts - on the twelfth day brought it about that he was subjected to factfinding, assize and examination by his friends' questioning and attention, while our dearest grandfather and others having interest did not have the legal notice or enough time, or the postponements required by law and the custom of our realm, to gather their friends and discuss the indictment and consider as is usual and customary other indications from similar cases, to prepare for an enquiry or assize involving people who were not suspects. Also, our foresaid dearest grandfather in such a short space of time was not able to gather his friends and discuss things with them, in such a serious case, and without them he was unable, and did not dare, to compear for the prosecution of the foresaid treasonable and abominable parricide while the said James, earl of Bothwell was there, with his friends and retinue who accompanied him and took part in the said crime, who had met him in large numbers in the said burgh of Edinburgh on the said day to that effect, ready armed. And so our dearest grandfather instructed Robert Cunningham, armed with a sufficient mandate, to excuse in the presence of our justice, on the said day and in the said place, the absence of his master on account of lack of time in the foresaid summons, declaring that he could not in such a short time gather his friends and retinue for his honour and the preservation of life, in consideration of such a powerful opponent who was surrounded by such a large number of retinue and friends. So he asked for an appropriate day to be assigned for him for the prosecution of the said case, as the magnitude and gravity of the case demanded. By the manoeuvres, efforts and lobbying of the said James, earl of Bothwell, this was denied, and none the less the said justice subjected the foresaid case to factgathering, enquiry or assize with no one present for the prosecution of the indictment as normal or even sworn in. And thus, under cover of a pretence of purgation of the said earl James of the said unspeakable and treasonable parricide, against the laws, equity and daily practice of this realm, he appeared to avoid the punishment due for such a horrible and unspeakable crime, although the truth of the matter is most clearly that the said James, earl of Bothwell and his accomplices took part and assisted in the perpetration and commission of the foresaid treasonable and nefarious murder and parricide at the time and in the place specified above, and treasonably committed a conflagration at the same time and in the said place with a great quantity of gunpowder, by the force of which the entire hospice was lifted into the air at the foresaid time, and this not without great scandal to our realm and all inhabitants thereof. Further, the foresaid James, earl of Bothwell, immediately after the foresaid treasonable and nefarious parricide perpetrated by him as has been said, knowingly and willingly hid and concealed it, and welcomed, protected and kept with him the late William Blackadder, John Hepburn, called of Bolton, John Hay, younger, of Tallo, Paris [...], .the Frenchman, Patrick Wilson, James Ormiston of that Ilk, Robert Ormiston, his uncle, and others who were executors and perpetrators of the said cruel, treasonable and abominable murder, parricide and fire, and paid them, allocated pay to them for the perpetration of such a nefarious and treasonable parricide, knowing them to be perpetrators of the said nefarious crime, and knowingly and willingly after its commission continuously welcomed at least the majority of them into his household, guarded and kept them, assisting them in their treasonable, nefarious and abominable crimes, chiefly in the parricide committed on the most noble person of our said late and dearest father, and the hiding and concealment of the same, and above all on the said 12 April after as has been said, in his own way and contrary to the rule of law, the said James, earl of Bothwell was cleared and acquitted of the treasonable murder and parricide of our late dearest father, by a letter of his own called a cartella† signed by himself and judicially delivered, he pitted himself against a noble gentleman who had in no way been defamed who had dared to assert that he [Bothwell] was guilty of the abominable crime and was duelling with him, and according to the law. This notwithstanding, the same James, earl of Bothwell refused on 15 June to take issue with the noble baron and lord of our parliament on this appeal, drawing down on himself the charge of defeat by ordeal. The foresaid James, earl of Bothwell and the foresaid persons plotted, treated, enquired and deliberated in their perpetration of these horrible, treasonable and nefarious crimes, and offered and demonstrated advice, help and assistance to the perpetrators and conspirators, so that he might more easily succeed in his nefarious, abominable and impious plot. To that effect, on 24 April past, with a large number of armed men, namely 1,000 armoured horsemen and others drawn up in hostile array, he set an ambush on the route of our dearest mother then queen of Scots while she was travelling from Linlithgow to our town of Edinburgh, suspecting that no harm would come to her from any of her subjects, least of all from the said earl of Bothwell since she had exhibited such offices of liberality and benevolence towards him as any prince could show and exhibit to a subject. With force and violence he treasonably apprehended her most noble person, cast violent hands on her, not allowing her to make her way peacefully to the town of Edinburgh, but committed the treasonable crime of kidnap upon her most noble person by apprehending our said dearest mother on the public highway, and taking her that night to the castle of Dunbar (which was then in his power), led her there and imprisoned and held her captive there for a period of 12 days or thereabouts. By force and violence, and under compulsion of the fear which can happen to the most constant of women, he forced her into a marriage contract with him as fast as he could. All of these things were thought through, discussed and deliberated by the said earl and the foresaid persons long before the time of the foresaid conspiracy and abominable parricide, notwithstanding that at that time the same James, earl of Bothwell had the honest lady Janet Gordon joined with him in lawful wedlock, and not divorced, and with no legal process planned or begun. Continuing and persevering in his nefarious and treasonable crimes and plans, he kept and detained the most noble person of our said dearest mother in close custody and under guard by force and violence with a band of his armed friends and retinue until 6 May last, when, accompanied by a large number of armed men, he took her to Edinburgh Castle (which was at the time in his power) and imprisoned her there. He forced her to remain there until the 11th of the same month, when, accompanied by a large number of armed men as has been said, he took her to our palace of Holyroodhouse, the better to provide cover for his treasonable and nefarious deeds and plans. Within four days he forced her to marry him, and thus under cover of a pretended deed and a mock wedding he used her most noble person and the governance of our realm in accordance with his abominable and detestable appetite. [Besides, the said James, earl of Bothwell, as one who considered nothing out of bounds, along with the foresaid persons, and so that he could use and enjoy the governance of this realm and the most noble person of our said dearest mother, in the said month of April, took prisoner and imprisoned in the said castle of Dunbar for 10 days or so our beloved councillors George [Huntly], earl of Huntly, our chancellor, William Maitland of Lethington, younger, secretary of our privy council and session, lords, when he said he wanted a discussion with them, and they had no suspicion. He forced them to agree, or at least to say that they agreed, to support all his treasonable and nefarious deeds, especially the sham marriage of him and our said dearest mother. Thereby he most manifestly incurred the charge of lese-majesty, taking to himself the royal authority when our councillors had not been called together or arrested for any crime, and having no commission to do so].† And for many other crimes and treasonable transgressions perpetrated treasonably and unlawfully by the forenamed persons and any of them against us, our regent and our realm on the same day and in the same place they are to present and show themselves. And in this regard they are to await and subject themselves to our justice and that of our parliament according to the laws of our realm, namely the said persons, for seeing that they and any of them have on the basis of the foregoing incurred the crime of lese-majesty as it is decreed and declared by us and by the decreet of the three estates of our realm, and therefore their goods, both immovable and movable, lands and offices and everything else relating to them are forfeit to us and remain with us in perpetuity as our property, and their persons suffer the penalty of treason and of the ultimate punishment inflicted by the laws of our realm. Further, it is necessary for them to answer in respect of the foregoing and submit to the law. It is intimated to the forementioned persons and to any of them that whether they has compeared on the said day and in the said place, with continuation of days, or not, nevertheless our said regent and justice shall proceed in regard to the foregoing, in line with justice. Also, you shall hand over the present letter, duly executed and endorsed, to their bearer. Also you who have had executed these writs in person are to be on the said day in the said place, in the presence of ourselves or our said regent and justice, 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 separately. Given under testimony of our great seal, at Edinburgh on 1 October in the year of the Lord 1567, and in the first year of our reign.
Here follows the executions and endorsement of the said summons of treason on 5 and 11 October 1567:
I, Peter Thomson, Islay herald, one of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters and searched and sought James, earl of Bothwell and his household men and servants underwritten; and because I could not apprehend them personally, I lawfully and peremptorily summoned them as follows: that is to say, the said James, earl of Bothwell at his dwelling places of Crichton, Hailes, castle of Dunbar and palace of Holyroodhouse respectively; Patrick Wilson, brother to Adam Wilson, burgess of Haddington, William Murray, brother to Adam Murray, and Paris [...], Frenchman, household men and servants to the said earl, at the same dwelling places respectively stated above, after that I had knocked six knocks at each one of the gates thereof respectively. And on 5 and 13 October 1567 aforesaid, I searched and sought James Ormiston of that Ilk and Robert, alias Hob Ormiston, his uncle; and because I could not apprehend them personally, I summoned them as follows: to wit, the said James Ormiston of that Ilk at his dwelling place of Ormiston, and the said Robert, alias Hob Ormiston, his uncle, upon his dwelling place at the kirkland of Crichton, after that I had knocked six knocks at every one of the gates thereof respectively. And on 14 October 1567, I searched and sought Sim Armstrong, called Wanton Sim, and by reason I could neither apprehend him personally, nor get knowledge of his certain dwelling place, I summoned him by open proclamation at the market cross of Jedburgh. And also on 6, 11, 12, 14, 15 and 16 October 1567, I lawfully and peremptorily summoned the said James, earl of Bothwell, his household men and servants above-written, and whole remaining persons particularly above-specified, by open proclamation at the market crosses of the burghs of Edinburgh, Haddington, Jedburgh, Duns, Selkirk and Lauder respectively, to compear before our sovereign lord and his dearest cousin James, earl of Moray, lord Abernethy, etc., regent of his highness's realm, or his grace's justice, on 19 December 1567 in his next parliament to begin upon Monday, 15 December 1567, in the hour of cause, with continuation of days, to answer to his majesty, his dearest cousin James, earl of Moray, lord Abernethy, regent aforesaid, or his highness's justice aforesaid, for the treasonable, odious and abominable crimes of treason and lese-majesty committed by them, and each one of them, in manner within rehearsed; and to hear them and each one of them declared by decreet of his highness and three estates of his realm to have incurred the crime of lese-majesty, and to be punished for that in their persons, lands and goods, according to the laws thereof; and made intimation to them as is within mentioned, after the form and tenor of these letters, of the which I affixed a just copy upon each one of the said gates of the said earl's dwelling places respectively above-specified, for him, his household men and servants above-written, and affixed another copy thereof upon either of the gates of the dwelling places respectively above-expressed of the said James Ormiston of that Ilk and Robert Ormiston, his uncle, after knocking thereat respectively as said is; and also affixed another authentic copy of the same upon each one of the said market crosses respectively. This I did respectively before these witnesses: Robert Towers, Robert Fockart, William Morrison, Walter Thomson, Robert Mosscrop in Jedburgh, with diverse others. And for the more witnessing to this my execution and endorsement subscribed with my hand, my signet is affixed. It is thus subscribed, Peter Thomson, Islay herald, on 10 October 1567.
I, Adam MacCulloch, Marchmont herald, another of the said sheriffs in that part within contained, passed by virtue of these our sovereign lord's letters and searched and sought the said James, earl of Bothwell, his household men and servants particularly above-named, to the effect after-specified, because I could not apprehend them personally; and I passed to the west end of the loch called Lochleven and there, by open proclamation, lawfully and peremptorily summoned them thereat, as at the place of Lochleven within the same loch. And also on 10 and 11 October 1567 above-written, I passed to the market crosses of Kinross and Cupar in Fife and there, by open proclamation, lawfully and peremptorily summoned the said James, earl of Bothwell, his household men and servants (above-expressed), to compear before our said sovereign lord and his dearest cousin and regent aforesaid, or his highness's justice, the said 19 December 1567, in his next parliament to begin as said is, in the hour of cause, with continuation of days, to the effect above-rehearsed, and made intimation to them, as is within mentioned, after the form and tenor of these letters; of the which I delivered a just copy to James Hutson, servant to [William Douglas], laird of Lochleven, to be affixed upon the gate of the place thereof, for the said earl, his household men and servants aforesaid; and also affixed another copy thereof upon each one of the said market crosses respectively. This I did before these witnesses: Thomas Donaldson, messenger, James Thomson, with diverse others. And for the more verification to this my execution and endorsement subscribed with my hand, my signet is affixed. It is thus subscribed, Marchmont.
After the reading of the which summons, with the executions and endorsement thereof bearing and purporting as is above-written, both in Latin and Scots, compeared personally Master Robert Crichton, advocate to our sovereign lord, with Alexander Stewart of Garlies, elder, Patrick Houston of that Ilk, John Cunningham of Drumquhassle and George Douglas, natural son to Archibald [Douglas], earl of Angus, and assisted to the pursuit of the said summons, and desired my lord regent's grace and three estates of parliament for justice thereupon, which they gladly granted. And thereafter the said Master Robert Crichton and persons aforesaid desired further process upon the said summons; and thereafter the said sometime James, earl of Bothwell and the remainder of his colleagues particularly above-written, being three sundry times called at the tolbooth window before the reading of the said summons, executions and endorsements thereof to have answered to the same and to have defended as appropriate, many times called and not compearing, the said advocate desired the said three estates of parliament to receive of new the probation made concerning the execution and endorsement of the said summons; which, being granted, likewise compeared thereafter personally Peter Thomson, Islay herald, and made faith in presence of the said lord regent, justice and three estates that the execution of the said summons made by him upon the said earl and the remainder of his colleagues respectively above-written on 5 and 11 October 1567 was just and true in the self, as the same purports and bears. And likewise Robert Towers, Robert Fockart and William Morrison, witnesses contained in the said execution and endorsement, compearing all personally, made faith in like manner that they were present, heard and saw the said execution made and that the same was just and true in the self in all points. And in like manner Adam MacCulloch, Marchmont herald, compearing personally in face of parliament, made faith that the execution and endorsement made by him on 10 October 1567 upon the said earl and remaining persons aforesaid was just and true in the self, as the same purports and bears; and for verifying thereof, compeared personally Thomas Donaldson, messenger, and James Thomson, witnesses contained therein, and made faith that they were present, heard and saw the said Adam make the said execution in manner aforesaid, contained in the said endorsement, and that the same was just and true in the self and all points, as the same purports and bears. Upon the which premises particularly above-written the said Master Robert Crichton, advocate aforesaid, asked instruments, and likewise thereafter the said earl and the remainder of his colleagues particularly above-specified, being of new three sundry times at the tolbooth window ofttimes called and not compearing, and the whole points of the said summons of treason being at length of before seen and considered by the lords of the articles, and likewise now instantly by the whole three estates presently assembled and convened in this present parliament the aforesaid whole persons, defenders particularly above-written, being as of before lawfully called and not compearing as said is, and the whole writs and probations produced by the said advocate, together with all his other rights and reasons for verifying of the points of the said summons, heard, seen and understood, and my lord regent's grace and estates aforesaid therewith being ripely advised, the said regent and three estates of parliament found, decreed and delivered in manner following, which was pronounced by the mouth of Andrew Lindsay, dempster of the said parliament. Here follows the tenor of the doom:
This court of parliament and three estates thereof, with advice and consent of my lord regent, gives and declares for law that James, sometime earl of Bothwell, has committed and done treason in the whole points and articles above-written contained in the said summons; and likewise James Ormiston of that Ilk, Robert, alias Hob Ormiston, his uncle, have likewise committed treason concerning the first, second and third reason of the said summons and every point and clause thereof; and in like manner that the said Patrick Wilson and Paris [...], Frenchman, have committed and done treason concerning the first and third reasons above-written; and likewise that the said Sim Armstrong, alias Wanton Sim, and William Murray, have committed and done treason in manner above-rehearsed concerning the third reason above-written contained in the said summons, as was sufficiently proven and verified in presence of the said lord regent and three estates aforesaid; and therefore the said persons, and every one of them, to have incurred the crimes of treason and lese-majesty, for the which they, and every one of them, have forfeited their lands and goods, moveable and unmoveable, offices and other goods pertaining to them forever, to be confiscated to our sovereign lord, to remain perpetually with his highness in property, and these persons to underlie the pain of treason and highest punishment designated of the laws of this realm, and never to enjoy arms, honours, offices nor dignities within the same in time coming; and this I give for doom. Upon the which declaration and pronunciation the said Master Robert Crichton, advocate, asked instruments.