[1592/4/17]¹

Ratification of the process of forfeiture of Francis [Stewart], sometime earl of Bothwell etc.

²Our sovereign lord and estates of this present parliament ratify, approve and, for his highness and his successors, perpetually confirm the process, conviction, sentence and doom of forfeiture led, deduced and pronounced of before by [Archibald Campbell, earl of Argyll], his highness's justice general, and his deputes in the justice court held at Edinburgh, 25 June 1591, against Francis, sometime earl of Bothwell etc., with all conditions, clauses and circumstances thereof; and ordain the same to stand in the full force, strength and effect and to have due execution as appropriate, whereof the tenor follows:

The court of justiciary of our supreme lord the king held in the tolbooth of Edinburgh on 24 May 1591 by the discreet men Master Edward Bruce, William Oliphant of that Ilk and James Wardlaw, justices depute of the noble and powerful lord Archibald [Campbell], earl of Argyll, Campbell and Lorne, etc., justice general of the said supreme lord our king of all his realm, wherever appointed. The suits called the court fenced. The which day, Francis, earl of Bothwell, lord Crichton and Hailes etc., being presented on panel in presence of the said justice deputes and being dilated and accused by ditty for raising of men of war, convocation of our sovereign lord's lieges, broken men, borderers (and as he alleged pledges for staying of the trouble of the borders) at Dalkeith and bringing of them to Leith, and also for subscription of a bond in so far as it is contrary to the law and acts of parliament subject to our sovereign lord's mercy and will thereof, and also being put to the knowledge of a suitable assize of the right honourable persons underwritten, namely: John [Hamilton], lord Hamilton, William [Douglas], earl of Angus, William [Douglas], earl of Morton, John [Stewart], earl of Atholl, John [Erskine], earl of Mar, George [Keith], earl Marischal, Robert [Seton], lord Seton, Hugh [Somerville], lord Somerville, [Robert Keith], lord Altrie, [Andrew Keith], lord Dingwall, Alan [Cathcart], lord Cathcart, [Sir John] Wishart of Pittarrow, James Scrimgeour of Dudhope, constable of Dundee, Thomas Kirkpatrick of Closeburn and Roger Grierson of Lag, as dilated and accused of the crimes underwritten, was by their deliverance pronounced and declared by the mouth of the said William, earl of Angus, chancellor of the said assize, to be found guilty, culpable and convicted of art, part, red and council of convocation of the king's lieges, his assisters and partakers, and coming to the quarry in March or April last was for altering of the present estate.

Upon the which conviction by the foresaid persons of assize, doom was pronounced in a court of justiciary held in the tolbooth of Edinburgh, 25 June 1591 in manner following:

The court of justiciary of our supreme lord the king held in the tolbooth of Edinburgh on 25 June 1591 by the discreet man Master John Graham of Hallyards, justice depute of the noble and powerful lord earl of Argyll, justice general of the said supreme lord our king of all his realm, wherever appointed. Suits called and the court fenced.

The which day, compeared Master David MacGill of Cranstoun-Riddel, advocate to our sovereign lord, and produced our sovereign lord's warrant subscribed by his highness and desired the same to be inserted and registered in the books of adjournal and doom to be pronounced upon Francis, earl of Bothwell, lord Crichton and Hailes etc., subject to his majesty's will for certain of the crimes above-written and convicted by an assize of another crime, according to the ordinance of the said warrant, whereof the tenor follows. At Edinburgh, 25 June 1591, forasmuch as our sovereign lord calling to mind and having considered how Francis, earl of Bothwell, lord Crichton and Hailes, great admiral of this realm, in a court of justiciary held within the tolbooth of Edinburgh, 23 May 1589, being dilated and accused by ditty and pursued judicially by Master David MacGill of Cranstoun-Riddel, his highness's advocate, in his majesty's name, for raising of men of war, convocating of his highness's lieges, [...] broken men, borderers, at Dalkeith, bringing of them to Leith; and also for subscription of a bond contrary to the laws and acts of parliament, subject to his highness's will for the same, and also being indicted and accused by ditty for art and part, red and council of convocation of his highness's lieges, his assisters and partakers and coming to the quarry in March or April 1588 or 1589 for altering of the present estate, and put to the knowledge of a suitable assize thereof was by their deliverance found culpable and convicted of the same, which will and doom his majesty, having deferred to have been declared or pronounced upon the said earl upon hope of better behaviour and amendment in times thereafter, nevertheless, the said Francis, earl of Bothwell, forgetful of his highness's clemency, being dilated of crimes of treason and conspiracies against his highness's own person and destruction thereof by necromancy and witchcraft, was therefore committed to ward within the castle of Edinburgh, there to have remained until he had been tried of the same by the knowledge of a suitable assize or otherwise as accorded of the law so that he might have been declared either culpable or innocent of the same, notwithstanding the said Francis, earl of Bothwell has lately broken the said ward upon his peril eschewed forth thereof, taking thereby the crimes of treason upon him whereof he was dilated, and for which he was committed within the said ward; therefore, our sovereign lord ordains his will to be declared and doom to be pronounced forth against the said Francis, earl of Bothwell, in manner and form as follows after: that is to say, that he by the committing of the crimes above-written whereof he became subject to our sovereign lord's will and was convicted by a condign assize in manner above-specified, has committed treason, and therefore that doom of forfeiture shall be pronounced against him, that he has forfeited life, lands and goods to be applied to his majesty's use, to be used and conveyed as his highness shall think expedient. Subscribed by our sovereign lord, day, year and place foresaid, and ordains the justice, justice clerk and their deputes to pronounce the doom above-written against the said Francis, earl of Bothwell this day, without delay as they will answer to his majesty thereupon. It is thus subscribed, James Rex. For obedience of the which warrant above-written the justice depute ordained the said Francis, earl of Bothwell, subject to will and conviction of the crimes foresaid in the justice court above-written, to be forfeited of life, lands and goods and doom to be pronounced thereupon, which was pronounced by the mouth of William Gray, dempster of the said court, and ordained the said letter to be inserted in the said books of adjournal.