[1584/5/29]¹

Judicial proceeding: ratification of forfeiture

Act ratifying the dooms of forfeiture led in judgement against the late James [Douglas], sometime earl of Morton, and William [Ruthven], sometime earl of Gowrie, convicted of the crimes of lese-majesty and executed to the death for that

In presence of the king's majesty and three estates convened in this present parliament Master David MacGill [of Nisbet and Cranstoun-Riddel], advocate to our sovereign lord, for his highness, at his special command, showed and declared how there are certain dooms of forfeiture given against certain persons for crimes of lese-majesty, especially against the late James, sometime earl of Morton, and William, sometime earl of Gowrie, and because the memory of traitors should remain to the shame and slander of those that are come of them, and to be terror to others to commit the like crimes in time coming, and because the books of adjournal may be lost and by frequent handling be worn away and otherwise the said dooms of forfeiture be destroyed, desiring therefore that it would please his majesty and the said three estates to command the said dooms of forfeiture to be drawn out of the books of adjournal and authentically copied and the king's majesty's great seal to be hung to the same, and likewise that the said three estates should append their seals thereto, for the fortification, approbation and confirmation thereof; the which desire the said three estates thought very reasonable and by judgement of parliament thought the same to be done and granted to append their seals to the authentic extract of all forfeitures both given in parliament and justice courts. Then immediately Sir Lewis Bellenden of Auchnoull, knight, justice clerk to our sovereign lord, produced the authentic extracts of the dooms of forfeiture given against the said late James, sometime earl of Morton, and William, sometime earl of Gowrie, to the effect that the same may be put and registered in the books of parliament, to be extracted under our sovereign lord's great seal and the seals of the three estates as said is. And moreover our sovereign lord, with advice and consent of the said three estates, gave command to Alexander Hay of Easter Kennet, clerk of his highness's register, to give out the authentic copy of the said dooms of forfeiture to pass as said is, under his highness's great seal and under the said three estates, of the which decreets of forfeiture given in our sovereign lord's justice courts presented it as said is, and subscribed by the said Sir Lewis Bellenden, clerk of justiciary, and William Stewart, younger, clerk, by commission for the time respectively, the tenor follows.

Justiciary court of our supreme lord the king held and begun in the tolbooth of Edinburgh on 1 June 1581 by the honourable and discrete men James Stirling of Keir, knight, and Mr John Graham, commissioners in that part by commission of the king and the lords of his privy council, specially constituted to the effect underwritten, the suits called and the court lawfully fenced, James, earl of Morton, lord of Dalkeith, etc., accused, charged of art, part, presence, concealing and not revealing the treasonous murder of the late noble and beloved Henry [Stewart, lord Darnley], king of Scots, father of our supreme lord King James VI, chosen in the name of assize, sworn and admitted concerning the aforesaid James, earl of Morton, namely by Colin [Campbell], earl of Argyll, John [Graham], earl of Montrose, Andrew [Leslie], earl of Rothes, James [Cunningham], earl of Glencairn, Hugh [Montgomery], earl of Eglinton, Alexander [Gordon], earl of Sutherland, John [Maxwell], lord Maxwell, George [Seton], lord Seton, James [Ogilvy], lord Ogilvy, James [Stewart], lord Innermeath, Hugh [Somerville], lord Somerville, Alexander [Livingston], master of Livingston, John Gordon of Lochinvar, knight, Patrick Hepburn of Waughton, Patrick Learmonth of Dairsie, knight, William Livingstone of Kilsyth, knight.

The which day the said James, earl of Morton, being indicted and accused that in the months of January and February 1566 [1567], he, accompanied with the late James [Hepburn], sometime earl of Bothwell, James Ormiston, sometime of that Ilk, Robert, alias Hop Ormiston, his father's brother, John Hay, sometime of Tallo, younger, John Hepburn, called John of Bowden and diverse others, his accomplices, craftily and secretly conspired amongst themselves, treated, devised and maliciously concluded the most shameful, detestable and unnatural murder and patricide of our sovereign lord's late dearest father, Henry [Stewart, lord Darnley], king of Scots, lawful spouse for the time to his highness's dearest mother, Mary, then queen of Scotland, and that within the burgh of Edinburgh, palace of Holyroodhouse and other places thereabouts; and to the end he might bring his wicked, filthy and execrable attempt better to pass, he, with the remaining persons forenamed by themselves, their servants, accomplices and others in their names of their causing, command, hounding, sending, partaking, assistance and approval on 10 February 1566 [1567] at 2 o'clock after midnight or thereby, coming to the lodging beside the Kirk o' Field within the said burgh of Edinburgh, where our said sovereign lord's dearest father was lodged for the time, and there, by way of hamesucken,² brigancy and forethought felony, most violently, unmercifully and treasonably slew and murdered him, with William Tailor and Andrew MacAige, his cubiculars, when as they buried in sleep were taking the night's rest, burned his whole lodging aforesaid, and raised the same in the air by force of gun powder, which a little before was placed and put in by him and his aforesaids under the ground and angular stones and within the lower vaults and concealed parts and places thereof to that effect and right, so he, with the remaining persons forenamed, associates of his mischief, by themselves, their servants, accomplices and others in their names, of their causing, commanding, hounding, sending and art, partaking, assistance and approval, at the times aforesaid respectively, gave their favour, counsel and help to the preparation of the said horrible crimes, and since has simulated, hid, concealed the same in most treasonable and secret manner, and through that had incurred the pains of lese-majesty and should have been punished for that with all rigour by loss [of]³ lands and goods and by extinction of fame, titles, honour and memory, according to the laws of this realm, likewise the remaining persons forenamed, his accomplices and conspirators with him in this, his treasonable impieties, were already tried and forfeited for the same self, heinous and detestable crimes, and for the most part as they could be apprehended had suffered most shameful death for that, according to their deserving, as at more length is contained in the dittay given in concerning the premises, with the tokens and probations produced and used therewith. Which being read to the said James, earl of Morton, and he answering thereto, denied the same, by reason whereof the said justice deputes referred the same to the knowledge of the inquest and assize above-written, who were sworn, received and admitted in presence of the said earl, and they being forth of court removed and ripely advised with the said dittay, tokens infallible and most evident, with the probations produced and used for verifying thereof, and thereafter entering again in court, they all in one voice by the pronouncing of the mouth of John [Graham], earl of Montrose, chancellor, chosen by the said assize, found the said James, earl of Morton of art, part, foreknowledge and concealing of the treasonable and unnatural murder aforesaid. After the which conviction, the said justice deputes, by pronunciation of Andrew Lindsay, dempster of the said court, judged and for doom gave that the said James, earl of Morton should be had to a gibbet beside the market cross of the said burgh of Edinburgh and there hanged until he were dead, and thereafter drawn, quartered and demeaned as a traitor, and that all his lands, heritage, offices and possessions, tacks, steadings, corns, cattle, actions, debts, obligations, goods moveable and unmoveable, and others whatsoever which pertained to him, should and ought [to] appertain to our sovereign lord and to be applied to his use by reason of escheat of forfeiture, to be taken up, used and conveyed by his highness at his pleasure; upon the which premises Master Robert Crichton of Eliock, advocate to our sovereign lord, asked instruments and acts of court. Extracted from the acts of the justiciary court by me, William Stewart, younger, notary public and clerk of the said court by the said commission of our said supreme lord the king, specially chosen and sworn, under my sign and subscription manual. Thus William Stewart, younger, is notary public and scribe of the said court. Justiciary court of our supreme lord the king held in the house of the lady of Mar in the burgh of Stirling on 4 May 1584 by the discrete man Mr John Graham of Hallyards, justiciar in that part by virtue of the commission of our supreme lord the king, specially constituted, the suits called and the court lawfully fenced.

⁴The which day, William, earl of Gowrie, lord Ruthven, being presented and entered upon panel in presence of the said justice and put to the knowledge of a condign assize of the right honourable persons following, to wit, Colin [Campbell], earl of Argyll, David [Lindsay], earl of Crawford, John [Graham], earl of Montrose, James [Cunningham], earl of Glencairn, Hugh [Montgomery], earl of Eglinton, James [Stewart], earl of Arran, George [Keith], earl Marischal, Alexander [Abernethy], lord Saltoun, Hugh [Somerville], lord Somerville, James [Stewart], lord Doune, William [Livingston], lord Livingston, Patrick [Drummond], lord Drummond, James [Ogilvy], lord Ogilvy, Alexander [Elphinstone], master of Elphinstone and Sir John Murray of Tullibardine, knight, as dilated and accused of the treasonable crimes following, was, by their deliverance pronounced by the mouth and deliverance of George, earl Marischal, chancellor of the said assize, found and declared culpable and convicted that forasmuch as in the beginning of February 1584 [1585] was Master David Home, servant to [Archibald Douglas], earl of Angus, and Master James Erskine, servant to [John Erskine], earl of Mar, come to him privately under silence of night within the town of Perth and declared to him how they were directed by the said two earls to certify to him that they were both of one mind in following out and executing of their treasonable devise in taking of the king's burghs of Stirling and Perth, at least the one or the other of them, at the which time he agreed with them in manner of the said earls to run their course in taking and fortifying of the towns aforesaid, at the least one or other of them; where after the said Master James Reid [went] back again to the said Earl of Angus and assured him that he had agreed to their most treasonable enterprise, and through that he has committed most manifest treason, not only in concealing of a treasonable purpose of so great consequence, but also much more in consenting and agreeing. Item, filed and convicted that forasmuch as he understanding that Master James Erskine, servant to the Earl of Mar, was travelling through the country in Strathearn, Stirlingshire and Angus, treating and consulting with the partakers and assisters, with the said John, earl of Mar, Archibald, earl of Angus, Thomas Lyon, master of Glamis and John Carmichael of that Ilk, younger, upon their treasonable enterprise in taking of the king's majesty's free burgh and castle of Stirling and diverse other treasonable purposes, he laid the way for the said Master James and caused his servants to wait for him that the said Master James might be convoyed to him, and after his coming to him the said earl entered in conference with him towards the treasonable enterprise attempted by the persons above-written towards the said treasonable surprising and taking of the said [...] and castle, which treasonable enterprise they brought to effect and treasonably took [...] said town and castle of Stirling, fortified and furnished the said castle with men and [...] through which he assisted them in their treasonable deed aforesaid and was foreknown of the same, and was art, part, advice and counsel thereof, at least treasonably concealed the same from his majesty, contrary to his duty and due obedience. Item, of the disobedience made by him in not rendering of William Drummond's house in Dundee to [William Stewart], lord Pittenweem, one of our sovereign lord's privy council and captain of his highness's guard, after the intimation of our sovereign lord's commission to him, made by the said lord commissioner, but keeping the same by the space of three hours or thereby thereafter. Item, of committing of a most high treason in concealing of a purpose of weighty importance, through which the life and estate not only of our sovereign lord but also of [Mary], his dearest mother, be imperilled, which had fallen out if he had not stayed and impeded it; and so not only most unnaturally and treasonably committing most high treason in concealing of a purpose of so weighty importance, but also persisting in the said treason by continuance of his silence and not declaring of the said purpose, tending to the peril of his majesty's life and estate, and, therefore, the sentence and doom of forfeiture was pronounced against the said earl by the mouth of Robert Scott in Stirling, dempster of the said court, that the said earl should be taken to the scaffold beside the market cross of Stirling and there his head struck from his body and demeaned as a traitor, and that he has forfeited and lost all his lands, heritage, possessions, tacks, steadings, offices, liferents, actions, debts and other goods, moveable and unmoveable, to be applied, taken up and conveyed by our sovereign lord at his pleasure and to remain with him and his successors for ever by reason of escheat and forfeiture, as the process made thereupon bears. Extracted from the books of the acts of adjournal of our supreme lord the king as sentence of forfeiture of the said earl, by me, Lewis Bellenden of Auchnoull, knight, general clerk of justiciary of the same, under my sign and subscription manual, Lewis Bellenden, clerk of justiciary.