[1545/9/28/20]*[print] [email] [cite] [preceding] [following]
†In the presence of [James Hamilton, earl of Arran], my lord governor, and the three estates, compeared Peter Thomson, as Bute pursuivant, and there presented a summons of treason raised at the instance of the queen's grace, James, earl of Arran, lord Hamilton etc., protector and governor of her realm, and her grace's justice against Matthew [Stewart], earl of Lennox, lord Darnley etc., for certain points and crimes of lese-majesty contained in the same, of the which summons the said Bute pursuivant alleged that he had duly executed the same upon the said earl, as the said summons and endorsement of the same purports, of the which the tenor follows:
Mary, by the grace of God, queen of Scots, gives greetings to our beloved lyon king of arms, Rothesay, Islay, Albany and Ross heralds, Ormond, Bute, Carrick, Unicorn pursuivants, James Johnston, Andrew Purves, Robert Black and James Lindsay, macers, Archibald Hogg, William Hardy and John Cobb, messengers, and any of you, jointly and severally, our sheriffs in that part. We mandate and instruct you to summon lawfully and peremptorily before witnesses Matthew, earl of Lennox, lord Darnley, etc., in person if you can have his presence in person, or otherwise at his place of dwelling or by public proclamation at the market crosses of our burghs of Dumbarton, Renfrew, Ayr and Lanark in such a way that this kind of summons could reasonably reach his ears, that he should compear before us and our dearest kinsman and guardian James, earl of Arran, lord Hamilton, etc., protector and governor of our realm, or our justiciar, in our running parliament to be held in the tolbooth of our burgh of Edinburgh on 2 September next, at the time of dealing with cases, with continuation of days, in order to answer to us and our dearest kinsman, our guardian and foresaid governor, or our said justiciar, for his treasonable moving into parts of England around the end of May in the year of the Lord 1544 in time of war, and their communicating, treating and consulting with the king of England and his councillors in respect of everything which could lead to the overthrow and complete subjugation (may it not happen) of our realm, and also for his treasonable invasion of our kingdom and its lieges together with the said English, our enemies, in August last, within parts of Arran and Bute, and for laying waste to everything with fire and sword; also for other crimes and treasonable transgressions which could be imputed to him. On that day and in that place, with the said continuation of days, he is to present and show himself and obey the law and await and subject himself to the judgment of our said dearest kinsman our guardian and that of our parliament according to the regulation of law and what is right; that is to say the forenamed Matthew, earl of Lennox, for seeing and hearing that it is decreed by the three estates of our realm that he has incurred the charge of treason or lese-majesty, and accordingly his goods, movable and immovable, and other movable things belonging to him are confiscated by us and remain with us as our property in perpetuity, and his person suffers the penalty of treason and the ultimate punishment inflicted by the order of law and justice, and further he is to respond in relation to the foregoing and obey the law; we intimate to the said Matthew, earl of Lennox that whether he compears or not on the said day and in the said place, with the said continuation of days, none the less we and our dearest kinsman, our guardian and foresaid governor, and our said justiciar shall proceed in relation 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 served writs served in person are to be on the said day in the said place, in the presence of ourselves or our said kinsman and guardian or our justiciar, bearing with you written proof of your summons in relation to the foregoing, or witnesses themselves. We give authority to you, and to whomsoever of you, our sheriffs in this regard, jointly and severally. Given under testimony of our great seal, at Edinburgh on 21 June in the year of the Lord 1545, and in the third of our reign. The endorsements follow.
On 25 June 1545, I, Peter Thomson, as Bute pursuivant, one of the sheriffs within constituted, passed at command of these our sovereign lady's letters to the market cross of the burgh of Dumbarton and there, by open proclamation, peremptorily summoned, warned and charged Matthew, earl of Lennox, lord Darnley etc., because I could not apprehend him personally nor at his dwelling place, to compear personally before our said sovereign lady and her dearest cousin and tutor James, earl of Arran, lord Hamilton etc., protector and governor of her realm, or before her justice in her grace's next parliament to be held in the burgh of Edinburgh, in the tolbooth of the same, on 2 September next to come, with continuation of days, in the hour of cause, to answer to her grace and her said tutor and governor and her justice to all the points and articles in these our sovereign lady's letters of summons of treason specified within. And this I did before these witnesses: John Stewart of Woodside, Robert Hamilton, bailie of Paisley, Bartholomew Palmer, William Cunningham of Eraiss, Patrick Porterfield and David Watson, burgesses of Dumbarton, with diverse others, and for the more verification of the things mentioned previously to this my endorsement, my signet is affixed. Similarly upon the same day, I, Peter Thomson, as Bute pursuivant, passed at the command of these our sovereign lady's letters to the market cross of Renfrew and there, by open proclamation, summoned, warned and charged the said Matthew, earl of Lennox, to compear at the day and place specified above to the effect foresaid. This I did before these witnesses: Ninian Hall, William Motherwell, burgesses of Renfrew, Robert Hamilton, bailie of Paisley, and John Stewart of Woodside. Also upon 26 June 1545, I, the said Peter Thomson, passed at command of these our said sovereign lady's letters to the market cross of Ayr and there, by open proclamation, peremptorily summoned, warned and charged the said Matthew, earl of Lennox, to compear at the day and place as is specified above to the effect foresaid. This I did before these witnesses: Alexander Lockhart, William Nisbet, Donald Campbell, Robert Cristall, Robert Law, burgesses of Ayr, James Gillies, Archibald Wilson, pewter-maker, burgesses of Edinburgh. And upon 27 June 1545, I, the said Peter Thomson, pursuivant, passed at the command of these our sovereign lady's letters to the market cross of Lanark and there, by open proclamation, peremptorily summoned, warned and charged the said Matthew, earl of Lennox, to compear at the day and place specified above to the effect foresaid. This I did before these witnesses: Thomas Bannatyne, bailie of Lanark, William Pender, David Walker and William Lowrie, notary public, with diverse others, and for the more verification of the things stated previously, my signet is affixed to my endorsements. Which summons was called and read of before in the parliament held at Edinburgh, 2 September 1545, and the said Bute pursuivant verified and proved the endorsements of the same by the witnesses contained therein, they being sworn thereto, that is to say, Robert Hamilton, bailie of Paisley, John Stewart of Woodside, Robert Cristall, burgess of Ayr, Robert Law, William Pender and David Walker. And the said Matthew, earl of Lennox, being often and diverse times called to answer to the said summons and to all the points and articles contained therein, he neither by himself or no others compearing to the effect foresaid, thereafter the lords commissioners of parliament continued the said summons in the same form and effect as it was then, without prejudice of the parties, until 28 September 1545, with continuation of days, and then the same to have process as appropriate in the parliament to be held at Linlithgow in the tolbooth of the same on the said day, with continuation of days. Of the which continuation of the said parliament and summons foresaid to the said day and place, with continuation of days, intimation was made to the said Matthew, earl of Lennox by our sovereign lady's letters under her signet, duly executed and endorsed, as were shown and produced before the lords commissioners of parliament held in the burgh of Linlithgow on 28 September by one reverend father in God Andrew [Dury], bishop of Galloway, one venerable father in God John [Hamilton], abbot of Paisley, Master James Foulis of Colinton, clerk register, Master Thomas Bellenden of Auchnoull, justice clerk, and Master Hugh Rigg of Carberry, special commissioners constituted thereto, after that the suits were called and the court fenced, purported and bore. On the which day, the said summons being called again and read, the said Matthew, earl of Lennox being often time called and not compearing, the said commissioners continued the said summons in the same form, force and effect as it was then, without prejudice of the parties, until 1 October 1545, with continuation of days, at the which day one noble and mighty prince James, earl of Arran, tutor to our said sovereign lady, protector and governor of her realm, with the lords, prelates, barons and burgh commissioners representing the three estates of the realm, sitting in judgement, the said summons, execution and endorsement of the same were openly read and called, Master Henry Lauder [of St Germains], advocate to the queen's grace, pursuing the said summons being personally present; and the said Matthew, earl of Lennox, being often times called and not compearing, the said summons was referred to the judgement of parliament, and they, being ripely advised therewith, found and discerned that the said earl had committed and done all the points and crimes of treason pursued by the said advocate contained in the said summons. Thereafter it was pronounced by the mouth of John Hamilton, dempster, as follows: Here follows the tenor of the doom: The court of parliament shows for law that Matthew, earl of Lennox has committed treason in his treasonable passing into parts of England about the end of the month of May 1545 in a time of war, there communing and treating with [Henry VIII], king of England and his councillors about all the things that might tend to the overthrow of the realm and utter subjection of the same, and also for his treasonable invasion of the realm and lieges thereof with the said Englishmen, our foes, in the month of August last within parts of Bute and Arran, there wasting all by fire and sword; and, therefore, has incurred the crimes and pains of treason and lese-majesty and has forfeited all his goods, moveable and unmoveable, and his lands and other moveable [gear] pertaining to him, and the same to be confiscated and to remain perpetually with our sovereign lady in property, and his body to incur the pain of treason and death. And this I give for doom.
[1545/9/28/21]*[print] [email] [cite] [preceding] [following]
†On the which day Mungo Strathearn, messenger, presented a summons of treason raised at the instance of our sovereign lady, [James Hamilton, earl of Arran], her dearest tutor, and her justice against Thomas Bishop of Ochiltree for certain points and crimes of lese-majesty contained in the same, of the which summons the said Mungo alleged that he had duly executed upon the said Thomas, as the summons and endorsement of the same purport, of the which the tenor follows:
Mary, by the grace of God, queen of Scots, gives greetings to our beloved Islay, Albany, Snowdon and Ross heralds, James Thomson, John Pardovan, Robert Black and James Lindsay, macers, Ormond, Bute, Unicorn and Carrick pursuivants, Archibald Hogg, William Hardy, John Cobb, Quentin Strathearn and Adam Forman, messengers, and any of you, jointly and severally, our sheriffs in that part. We mandate and instruct you to summon lawfully and peremptorily before witnesses Thomas Bishop of Ochiltree, in person if you can have his presence in person, or otherwise at his place of dwelling or by public proclamation at the market cross of our burgh of Linlithgow in such a way that this summons could reasonably reach his ears, that he should compear personally before us or our dearest kinsman and guardian James, earl of Arran, lord Hamilton, protector and governor of our realm, or our justiciar, in our running parliament to be held in the tolbooth of our burgh of Edinburgh on 2 September next, at the time of dealing with cases, with continuation of days, in order to answer to us and our said dearest kinsman and guardian or our said justiciar, for his treasonable moving into parts of England in January in the year of the Lord 1543 [1544] and staying there continuously since, and treating, communicating and consulting with the English, our enemies, in respect of everything which could lead to the overthrow and complete subjugation (may it not happen) of our realm, and also (the said Thomas) for his treasonable invasion of our kingdom and its lieges together with the said English, our enemies, in August last, within parts of Arran and Bute; also for other crimes and treasonable transgressions perpetrated unjustly by the forenoted Thomas against us and our realm. On that day and in that place, with the said continuation of days, he is to present and show himself and obey the law and await and subject himself to the judgment of ourselves and of our parliament according to the laws of our realm; that is to say the forenamed Thomas, for seeing and hearing that it is decreed by the three estates of our realm that he has incurred charges of lese-majesty, and accordingly his goods, movable and immovable, and his lands and other movable things belonging to him are confiscated by us and remain with us as our property in perpetuity, and his person suffers the penalty of treason and the ultimate punishment inflicted by the order of law and justice, and further he is to respond in relation to the foregoing and obey the law; we intimate to the forementioned Thomas that whether he compears or not on the said day and in the said place, with the said continuation of days, none the less we and our guardian and governor and our said justiciar shall proceed in relation 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 served writs served in person are to be on the said day in the said place, in the presence of ourselves or our said guardian and governor or our justiciar, bearing with you written proof of your summons in relation to the foregoing, or witnesses themselves. We give authority to you, and to whomsoever of you, our sheriffs in this regard, jointly and severally. Given under testimony of our great seal, at Edinburgh on 1 April in the third year of our reign [1545]. The endorsement follows.
On 22 June 1545, I, Mungo Strathearn, messenger, one of the sheriffs within constituted, passed at the command of these our sovereign lady's letters to the market cross of the burgh of Linlithgow and there peremptorily summoned, warned and charged Thomas Bishop of Ochiltree, because I could not apprehend him personally nor at his dwelling place, to compear personally before our said sovereign lady and her grace's dearest cousin and tutor James, earl of Arran, lord Hamilton, protector and governor of the realm, or before her justice in her grace's parliament to be held at the burgh of Edinburgh within the tolbooth of the same on 2 September next to come, in the hour of cause, with continuation of days, to answer to her grace and her said tutor and governor and to all points and articles contained in these her grace's letters of summons of treason specified within. And this I did before these witnesses: Henry Forest, William Denniston, David Baillie, George Bell, John Baillie, John Hamilton, Master John Hamilton, John Ross, John Thomson, John Jamieson, John Dempster, Allan Weddell, John Gray and James Naismith, and for the more verification to this my endorsement, my signet is affixed. Which summons was called and read of before in the parliament held at Edinburgh, 2 September last, and the said Mungo Strathearn verified and proved the endorsements of the same by the witnesses contained therein, they being sworn thereto, that is to say George Bell, James Jamieson and John Gray. And the said Thomas Bishop being often and diverse times called to answer to the said summons and to all the points and articles contained therein, he neither by himself nor no others compearing to the effect foresaid, thereafter the lords commissioners of parliament continued the said summons in the same form, force and effect as it is now, without prejudice of the parties, until 28 September last, with continuation of days, and then the same to have process as appropriate in the parliament to be held at Linlithgow in the tolbooth of the same on the said day by continuation of days. Of the which continuation of the said parliament and summons foresaid to the said day and place, with continuation of days, intimation was made to the said Thomas by our sovereign lady's letters under her signet, duly executed and endorsed, as the same were shown and produced before the lords commissioners of parliament held in the burgh of Linlithgow, 28 September last, by one reverend father in God Andrew [Dury], bishop of Galloway, one venerable father in God John [Hamilton], abbot of Paisley, Master James Foulis of Colinton, clerk register, Master Thomas Bellenden of Auchnoull, justice clerk, and Master Hugh Rigg of Carberry, special commissioners constituted thereto, after that the suits were called and the court fenced, purported and bore. On the which day, the said summons being called again and read, the said Thomas Bishop being often times called and not compearing, the said commissioners continued the said summons in the same form, force and effect as it was then, without prejudice of the parties, until 1 October 1545, with continuation of days, at the which day one noble and mighty prince James, earl of Arran, lord Hamilton etc., tutor to our said sovereign lady, protector and governor of her realm, with the lords, prelates, barons and burgh commissioners representing the three estates of the realm, sitting in judgement, the said summons, execution and endorsement of the same were openly read and called, Master Henry Lauder [of St Germains], advocate to the queen's grace, pursuing the said summons being personally present; and the said Thomas Bishop being often times called and not compearing, the said summons was referred to the judgement of parliament and they, being ripely advised, found and discerned that the said Thomas Bishop had committed and done all the points and crimes of treason pursued by the said advocate contained in the said summons. Thereafter it was pronounced by the mouth of John Hamilton, dempster, as follows: Here follows the tenor of the doom: The court of parliament shows for law that Thomas Bishop of Ochiltree has done treason in his treasonable passing into the parts of England in the month of January 1544 [1545], and since then, in a time of war, continually remaining, treating, communing and counselling with Englishmen, our foes, on all those things that might tend to the overthrow of the realm and utter subjection of the same, and also for his treasonable invasion of the realm and lieges thereof with the said Englishmen, our foes, in the month of August last within the parts of Bute and Arran; and, therefore, has incurred the pains of treason and lese-majesty, and decree his goods, moveable and unmoveable, lands and other gear moveable pertaining to him to be confiscated to the queen's grace and to remain with her in property in time to come, and his person to have incurred the pain of a traitor and death. And this I give for doom.