[1567/4/28]*[print] [email] [cite] [preceding] [following]
Regarding the summons of reduction pursued at the instance of George, lord Gordon for the time, and now Earl of Huntly, against Archibald [Campbell], earl of Argyll, justice general for the time to our sovereign lady, Masters John Spence of Condie and Robert Crichton of Eliock, her highness's advocates, Master Robert Richardson, commendator of St Mary's Isle, treasurer, Sir William Murray of Tullibardine, knight, comptroller, for our said sovereign's interest, and all others having or pretending to have interest in the matter underwritten, touching their production before our said sovereign and three estates of parliament of the pretended conviction, decreet and doom given in the justice court held by the said justice general for the time at Edinburgh, 8 February 1562 [1563], convicting, adjudging and giving for doom the said earl to have committed treason in the treasonable concealing of the treasonable conspiracy, consultation, devising and deliberation discussed and spoken in his presence on 30 August 1562 in the town of Aberdeen by the late George [Gordon], earl of Huntly, his father, the late Sir John Gordon of Deskford, knight, his brother, and others in the said late earl's lodging in Aberdeen, where it was devised that on the next morning the said Sir John should come to the said lodging within the said burgh of Aberdeen and therein enter by force and, after occasion sought by them, to take our said sovereign's person, detain the same in such place and manner as they thought expedient, and to take her highness's lords of secret council and session and others being with her in company for the time, then actually being and waiting upon her person, and to kill all those who would not find their proceedings good; and in the treasonable conspiracy devised with the said late Sir John at the waterside near the place of Strathbogie on 3 September 1562, of the purpose following, namely the said late Sir John should circulate the rumour that he was going towards Stirling and it was necessary for him to be convoyed and, therefore, that the said late earl and said lord should send special command to their men of their lands of Badenoch, as they did, to wait for the said Sir John and to pass with him to wherever he required, and the said Sir John, accompanied by the said men of Badenoch and other broken men to the number of 1,000 men, should, on the Friday thereafter in the night when our said sovereign and her company were in the town of Inverness, have treasonably invaded and put hands on her person, and similarly on the persons of the lords of the secret council and session and others being with her highness for the time, and to have slain or otherwise demeaned her and them as they thought good; and also in devising that the said lord and his said late father should address them to the castle of Inverness with their servants and friends to wait on the said late Sir John's coming with his company, and to spy on the places where our said sovereign, her said lords and company were lodged, and to have been in readiness to fortify and assist the performing of the said enterprise, for amplifying and performing of which the said earl, on the said Friday, 11 September foresaid, came to Tuwdown with 160 horsemen and there tarried all night on the coming of his said brother, sending in sundry spies to the said town of Inverness to perceive and spy on what our said sovereign and her said lords were doing, and so did all that was in him to perform the said wicked enterprise, were it not for the purpose failing on the part of the said Sir John and his folks; and in the treasonable commanding, allowing and ratifying of the treasonable holding and furnishing of the house and fortalice of Inverness against the queen's majesty, the same pertaining to her, the said earl being the only keeper thereof in her name, after that his servants being therein, for whom he is obliged to answer, were at diverse times charged to have delivered the said house and fortalice, and to have made the same patent to her highness to have lodged therein, and after the charge was given to that effect by William Bryson, master, at command of her letters, after the sound of trumpet; and in the intercommuning with [James Hepburn], earl of Bothwell, after the breaking of his ward where he was within the castle of Edinburgh, desiring the said earl to raise men to serve the said Earl of Huntly and to buy horse and to furnish him and to come and speak with the said late earl, and into diverse points and articles contained in the conviction foresaid; and, therefore, convicting, judging and for doom given by the mouth of Andrew Lindsay, dempster of the said court, that the said earl should be hanged until dead, drawn, quartered and demeaned as a traitor at our said sovereign's pleasure, and that all his goods, moveable and unmoveable, lands, heritages, possessions, tacks, steadings, offices, corns, cattle, actions and debts ought and should pertain to our said sovereign and to be applied to her use by reason of escheat of forfeiture, as at more length is contained in the said process, adjournal, decreet, conviction and doom of forfeiture foresaid, and also to bring with them and produce the whole dittay of the said convictions, with the whole process deduced and led against the said earl on 8 February 1563 in the said matter, with all acts and documents taken therein, with the names of the assize being upon the said earl's accusation in the said matter, and the makers and finders of the said conviction, with the depositions of witnesses, if there are any, and all probations and testimonials used in the said matter against the said earl for proving of the clauses specified above, together with the said pretended doom following thereupon, to be seen and considered by our said sovereign lady and the said three estates of her realm in the parliament foresaid to begin in the said month of April 1567, and to hear and see the said pretended process, conviction and doom, with all that has followed thereupon, be retreated, rescinded, made void, annulled and discerned by decreet of the said three estates and judgement of the said parliament to be held in the said month of April 1567 to have been from the beginning and to be in all time coming null and of no value, force or effect with all that followed thereupon, and the said earl be restored in his entirety in all points and to be restored to his honour, fame, dignity and arms, lands, heritages, tacks, steadings, rooms and possessions, goods, offices and privileges, in the same state and authority as he was before the leading of the said pretended process, conviction and giving of the doom and alleged committing of the said crimes, for diverse reasons and causes that are at more length are contained in the said summons of reduction. The said George, lord Gordon for the time, now Earl of Huntly, being personally present, and the said justice general, advocates, comptroller and treasurer for our said sovereign's interest, and all others having or pretending to have interest in the said matter, all being lawfully summoned to this action, often times called and not compearing, the said George, now earl of Huntly compearing, his rights, reasons and allegations, together with the depositions of diverse notable witnesses received, admitted, sworn and examined, produced by the said earl for probation of the reason and cause underwritten contained in the said summons, with other diverse probations, heard, seen and understood, and our said sovereign lady and the three estates of the present parliament being ripely advised therewith, the queen's grace and the three estates of parliament retreat, rescind, void and annul the said pretended process, conviction and doom stated above with all that followed thereupon, and decree and declare the same to have been from the beginning and to be in all time coming null and of no value, force or effect with all that followed thereupon, and have reinstated and reinstate the said George, now earl of Huntly, lord Gordon for the time, in entirety in all points, and restore him again to his fame, honour and dignity, arms, lands, heritages, tacks, steadings, rooms and possessions, goods, offices and privileges in the same estate and authority as he was before the leading of the said pretended process, conviction and giving of the said doom and alleged committing of the said crimes, because the said George, then lord Gordon and now earl of Huntly, was detained for a long time before the said 8 February 1563 and kept at our said sovereign's command in straight prison within the castle of Edinburgh, and on the said 8 February 1563 was suddenly presented before the said justice accused of the said crimes, he never being summoned before nor yet advertised that he was to be accused nor advertised for what things, nor yet could have advocates or other wise men of his friends to assist him in his lawful defence in the said matter as is before contained; and yet being so presented before the said justice, the said earl desired the dittay on which he was to be accused to be read to him before the choosing of the assize, so that he might thereby form his defence against the same, which was refused and, therefore, he could make no objections against the said judge, members of the court or persons of the assize, albeit in case he had understood and known the said dittay whereupon he was then to be accused, he would have had the most just and lawful defence to have repelled the said justice, justice clerk and all the persons chosen on his said inquest by reason that the said earl was not only accused of the treasonable conspiration and of the treasonable conspiracy devised and concluded against our sovereign for the time, but was conjointly accused of the treasonable conspiration and concealing of the conspiracy devised and concluded upon the slaughter of the said lords of council and session and others of our said sovereign's nobility and servants being with her highness at the time of the said conspiracy, as is contained before in the said pretended conviction; and it is true that the said justice general, [John Bellenden of Auchnoull], justice clerk, James [Douglas], earl of Morton, John [Stewart], earl of Atholl, James [Stewart], earl of Moray and Sir John Wishart of Pittarrow, knight, were then the lords of our said sovereign's secret council and in her company at all the times of the alleged devising and concealing of the conspiracy specified above, likewise also George [Seton], lord Seton was then our sovereign's master of her household, also in her company at the time foresaid, and so the George, now earl of Huntly was at the said time accused in effect upon the conspiracy devised and concluded of the slaughter of the said justice, justice clerk, James, earl of Morton, Sir John Wishart of Pittarrow, knight, George, lord Seton, John, earl of Atholl and James, earl of Moray, and therefore the said judge might not, or ought not to have been the judge or the said Sir John Bellenden justice clerk in the deduction of the said process, nor yet the said lords of the privy council, master of the queen's household and other officers specified above, nor any other of their kin, friends and allies, ought not nor should have been received or admitted to have served on the said inquest; nevertheless, the said justice and justice clerk received and caused to be sworn the said James, earl of Morton, Sir John Wishart of Pittarrow, knight, and George, lord Seton to serve on the said assize, together with Alexander [Cunningham], earl of Glencairn, being in third of consanguinity with the said James, earl of Morton, counting [Marion] Douglas, the said Alexander's grandmother, one, and [William Cunningham, earl of Glencairn], his father, two, and himself the third, George [Douglas], master of Angus, his grandmother's brother, one, and the late Sir John† Douglas [of Pittendreich], his son, two, and the said James, earl of Morton, his son, the third; and similarly George [Hay], earl of Erroll, was close in relationship to the said justice clerk in second and third degrees of affinity, counting George Hay of Logie, father to the said Earl of Erroll, one, the said earl, two, Alexander Kennedy of Girvanmains, half brother to the said George Hay of Logie and Sir Hugh Kennedy of Girvanmains, his son, two, and Barbara Kennedy, his daughter and spouse to the said justice, having children with her still living, the third; and similarly Andrew [Hay], master of Erroll, son to the said George, earl of Erroll, stands by the same reckoning in third degree affinity with the said justice clerk; and also William [Livingston], lord Livingston, another of the assize, stands in second degree of affinity with the said James, earl of Morton, counting Marion† Douglas and the said Lord Livingston, her son, two, and the late James [Douglas], earl of Morton, her brother, one, and the said James, earl of Morton, [Elizabeth Douglas], his wife, and his daughter,† two; and likewise the said James, earl of Moray and [Janet Stewart], the said Lord Livingston's [first] wife are the children of a sister and brother [respectively, i.e. cousins]; and likewise William [Hay], lord Hay of Yester is close in relationship to the said James, earl of Morton, in second and third degrees of consanguinity, counting the said late Sir George Douglas [of Pittendreich], one, and the said James, earl of Morton, two, [Elizabeth Douglas], the said late Sir George's sister, lady Yester, and her son, [John Hay], lord Yester that last deceased, two, and the said William [Hay], lord Hay of Yester that now is, the third; and in like manner, the said Lord Yester and the Lord Seton are the children of a sister and brother [respectively, i.e. cousins],† and also George Ogilvie of Dunlugus is brother-in-law to the said Lord Seton, having then and as yet [Beatrix], the said lord's sister as his wife still living; and similarly Laurence [Oliphant], then master, now lord Oliphant, was then in close relationship to the said justice general, counting the late Archibald [Campbell], earl of Argyll, one, Colin [Campbell], his son, two, and the late Archibald [Campbell], his son, three, and the said Archibald, now earl of Argyll, justice foresaid, the fourth, the late [Elizabeth] Campbell, sister to the said foremost late Archibald, one, her [grand]son† [Laurence], lord Oliphant, two, grandfather to the said Laurence, now lord Oliphant, Laurence, his father [third], and himself, the fourth; and likewise John Grant of Freuchie married [Margaret Stewart], the said John, earl of Atholl's sister, having bairns still living with her, and also is in close relationship to the said justice general in three degrees of affinity, counting the late Colin, earl of Argyll, one, Archibald, his son, two, and the said justice, his son, the third, [Janet] Campbell, countess of Atholl, sister to the said late Colin, one, and John, earl of Atholl, two, and Helen† Stewart, his daughter and spouse to the said John Grant of Freuchie, having bairns still living, the third; and also John [Stewart], lord Innermeath, another of the said assize, is in second and third degrees of affinity to the said justice general, counting John Beaton of Creich, one, [Elizabeth Beaton], his daughter, spouse to the said Lord Innermeath, two, [Elizabeth] Beaton, sister to the said late John Beaton of Creich, one, [Jean Beaton], her daughter, lady Argyll, two, and her son, the said justice, the third; and also William Fraser [of Struie], tutor of [Hugh Fraser, lord Fraser of] Lovat,† another of the said assize was then in close relationship to the said justice general in third and fourth degrees of affinity and to the said John, earl of Atholl in first and second in degrees of affinity, counting Colin, earl of Argyll, one, Archibald, his son, two, and the said Archibald, his son, justice foresaid, the third, the said late Colin's sister foresaid the countess of Atholl, one, and John, earl of Atholl, her son, two, Helen† Stewart, his daughter and spouse to the said Laird of Grant, three, and [Janet Grant], her daughter, spouse to the said tutor of Lovat, the fourth, and likewise the said John, now earl of Atholl, one, and the said Lady Grant, his sister, one, and her said daughter, spouse to the said tutor, two; and similarly John Mowbray of Barnbougle, another of the said assize, was in close relationship to the said justice clerk in third and fourth degrees of consanguinity, counting the late Sir William Forrester of Carden, one, Agnes Forrester, his daughter, two, and the said justice clerk, her son, the third, [...] Forrester, sister to the said late Sir Walter†[Forrester of Carden], one, and Elizabeth Crawford, her daughter, spouse to Robert Bertane, two, Robert Bertane of Barnbougle, her son, the third, and the said John Mowbray of Barnbougle, his son, the fourth; and similarly Andrew Murray of Arngask [and Balvaird], knight, was close in relationship to the said justice clerk in three degrees of affinity, counting the late William [Graham], lord Graham and his son William, now earl of Montrose, and [Janet Graham], his daughter, now lady Balvaird, spouse to the said Sir Andrew [Murray of Arngask and Balvaird], the third, Agnes Graham, sister to the said late Lord Graham and spouse to the said late Sir Walter Forrester of Carden, knight, one, Agnes Forrester, her daughter, two, and the said justice clerk, her son, the third; who were all the persons admitted to serve on the assize for making a judicial inquiry and deciding of the said crimes objected and alleged against the said George, now earl of Huntly, on 8 February 1563, and the determiners, judgers and declarers of the said conviction, which causes and suspicions would have been sufficient objections to repel the said justice, justice clerk and all the remaining persons chosen to be on the said assize, if the same had been proposed in due time before it was proceeded to any judicial act before the said justice, or choosing and admitted the said assize, which in no way came nor could come to the said earl's knowledge, nor yet could have proposed the same before the reading of the said dittay refused to him as said is, before the reading of the which the said justice had preceded to certain judicial acts and had chosen and sworn the assize, at which time no place was permitted to the said earl to make the said objections, the matter being proceeded in so far as said is, and, therefore, now in the same instance, the said earl ought to be heard to propose the said objections, as he now proposed the same; which being of truth and relevant as they are in deed, the said pretended process, conviction and doom of forfeiture led, deduced, declared and pronounced against the said earl, now of Huntly in the said matter on 8 February was improperly proceeded and deduced, and at the least now ought and should be retreated, rescinded, made void, annulled and discerned by decreet of the said three estates and judgement of the said parliament to be held in the said month of April 1567 to have been from the beginning and to be in all time coming null and of no value, force or effect, with all that followed thereupon, and the said George, now earl of Huntly, is to be reinstated in entirety to those things in all points and to be restored to his fame, honour, dignity, arms, lands, heritages, tacks, rooms, steadings and possessions, goods, offices and privileges pertaining to him at the time of the deduction of the said pretended process and doom of forfeiture, in the same authority and state as he was before the leading of the said pretended process, conviction and giving of the said doom and alleged committing of the said crimes for the causes foresaid, by reason the foresaid cause above-written contained in the said summons bearing as said is was found relevant by our said sovereign lady and the foresaid three estates of parliament, and thereafter admitted to the said George, earl of Huntly's probation, who proved the same sufficiently, as was clearly understood to our said sovereign lady and the foresaid three estates and, therefore, ordain letters to be directed to make publication hereof at all necessary place, if need be, in the appropriate form.