[1594/4/11]¹

Judicial proceeding: summons of treason

The which day the said Masters David MacGill of Cranstoun-Riddel and John Skene [of Curriehill], advocates to our sovereign lord, produced in presence of the king's majesty and estates, likewise they did diverse times of before, the said summons of treason raised and pursued at the instance of our said sovereign lord and his highness's justice against the said William [Douglas], earl of Angus, George [Gordon], earl of Huntly, Francis [Hay], earl of Erroll and Sir Patrick Gordon of Auchindoun, knight, whereby they were summoned to have compeared before our said sovereign lord and his highness's justice on 18 May last, with continuation of days, to have answered to the crimes and points of treason and lese-majesty contained in the said summons. The which summons, reasons and causes therein contained being first read in presence of the king's majesty and in presence of the lords of articles, they found the same summons relevant, and thereafter this instant day, the same summons of treason being read in presence of the king's majesty and whole estates, and the said three earls and laird of Auchindoun being thrice called at the tolbooth window, and none of them compearing, the said whole estates found the said summons relevant, and therefore they admitted the same to the said advocates' probation.

And immediately thereafter the said advocates, for proving of the said summons of treason against the said [earls]² and laird of Auchindoun, produced in presence of the king's majesty and whole estates the probations following, likewise they produced the same probations of before to the said lords of articles upon 1 June instant: in the first they produced eight blanks in paper, two thereof subscribed by the said Earl of Angus only, the other two by the said Earl of Huntly only, the other two subscribed by the said Earl of Erroll only, and the other two by the said three earls and laird of Auchindoun, all sent to Spain, which blanks have no designation on the back nor declaration of the cause for which they were sent, but blank and white paper on both the sides, except the said subscriptions. Item, they produce diverse and sundry seals of the said earls imprinted in paper sent with Master George Kerr to Spain, to the effect other seals might be made there, according to the same, to seal the said blanks after they should be filled. They produced diverse and sundry depositions of Master George Kerr, subscribed with his own hand, with a missive letter written and subscribed by him uncompelled or coerced but of his own free will to the king's majesty, by which depositions and letter the whole treasonable trafficking against the religion, the king, his estate and realm is willingly confessed and plainly declared, and the treasonable end and effect for which the said blanks and seals were sent is made manifest, namely: that they were sent to be filled up by the council of Spain and Master William Crichton, Jesuit, with such form and security as they should devise regarding the sending to Scotland of more for lifting of men of war, and of 30,000 Spaniards to come in this country and land in the west parts thereof, whereof 5,000 should have remained in this country, and, being joined with the said earls, should alter the religion and estate of this country. Item, for proving the premises they produce certain depositions subscribed by the late David Graham of Fintry, conforming in all things to the depositions of the said Master George Kerr. Item, they produce the doom of forfeiture given and pronounced against the said late laird of Fintry containing his depositions and indictment, which conform in all points to the said first reason of the summons and expressly verifies and proves the same; the which treason the said laird of Fintry confessed in judgement and never revoked the same, but went to the death therewith and was justified and executed for that. Item, they produce sundry letters written by Master James Gordon under a false name of James Christison, and likewise a letter written by Master Robert Abercrombie, Jesuit, having a false subscription of Robert Sanderson, and a letter written and subscribed by the said late laird of Fintry, having a false name of David Forrester, which letters plainly prove, according to the premises, the whole treason libelled. Item, they produce letters written by Master James Gordon in favour and commendation of Master George Kerr, written to sundry persons in Spain, to prove that he was of purpose to pass to Spain with the said blanks; together with two obligations subscribed by the said Master James and Robert, in which they confess the falsifying and mutation of their own names which likewise may be easily proven there by the provision of letters and by inspection of the said obligations that Sanderson is Abercrombie and Christison is Gordon; and as to the false name of the said late Laird of Fintry, calling himself David Forrester, he confessed the same false subscription and name to be his own handwriting and name in his depositions of 20 January 1592 [1593], the which likewise is proven there by the provision of letters by the subscription of the depositions and a letter written and subscribed with his own hand herewith produced; which letter is directed to the king's majesty and is repeated by way of proof of the said libel. Item, they produce letters of incident diligence whereby the said earls and laird of Auchindoun and Master James Gordon and Master Robert Abercrombie are summoned to this parliament to hear and see the subscriptions of the said blanks and false subscriptions and seals foresaid to be their own, and being verified, to prove against them and to hear and see all other probation used, led and prosecuted against them according to the law, and repeats the depositions of witnesses in as much, and the notoriety of their subscriptions and handwriting. Item, because Master George Kerr and the late laird of Fintry, Master James Gordon and Master Robert Abercrombie were trafficking papists, traitors and participants of the treason libelled, likewise they are yet (except the said laird of Fintry, who was executed for the same); and therefore it may be objected that their depositions shall make no faith in this cause, the said advocates produces an interlocutor of the lords of the session, subscribed by the clerk register, finding that infamous persons, minors or persons being fellows or companions in the same crime may be witnesses in the causes of treason and heresy, which interlocutor was produced and practised in the accusation of the late Euphame MacCalzean. Item, they produce the sentence of excommunication against the persons accused and also against Master James Gordon, the late David Graham of Fintry. Item, it is of verity that the king and three estates of this realm in criminal causes have jurisdiction and power of a great assize and may judge and decide all crimes, according to their consciences and vehement presumptions, conjectures and probabilities, which may be collected and gathered in the cause, and specially in the crime of treason, as is manifest in the written law of this realm called Regiam Majestatem, book 4, chapter 1. And the said advocates repeats in form of probation the notoriety of the crimes libelled and that of the law sufficient 'to allege a notorious offence but not to prove it' and the public voice and fame, which is a vehement probation in clandestine crimes, and namely in the crime of treason and lese-majesty, with the notoriety of the treason and of the trafficking libelled committed by the persons accused at the Bridge of Dee the year of God 1589, for the which sundry of them came in his majesty's will for the same, which is a confession of the crime. Item, they repeated and produces a catalogue of false and feigned names of certain Jesuits and trafficking papists, containing also certain feigned names of the said earls who all did falsify their names, to the effect they might the more surely and quietly use the treasonable trafficking libelled. Item, they produce and repeat that the said earls and laird of Auchindoun, being suspected of treason and charged to enter in ward according to the act of parliament made by King James II, disobeyed the same, and thereby have incurred the pain of treason by reason of their contumacy, because of the law, he that is contumacious may be condemned, for his contumacy causes him to be esteemed as present and induces against him a confession of the crime l 3 4³ 9 c, we resolve, and it is of truth that of the law he is called contumacious who is summoned to a certain day by a peremptory summons, with certification, and compears not the said day (the law of contumacy, and glossed there as a 'matter which has passed sentence'). And, for verification thereof, they produce the king's letters, with the executions thereof, whereby the said earls and laird are charged to enter their persons in ward. Item, they produce an act and decreet of the secret council made at Edinburgh, 8 March last was, with the publication thereof at the market cross of Edinburgh upon the 12th day of the said month the year of God foresaid, finding and declaring that the said three earls and laird of Auchindoun have contravened the said charges and should be punished, esteemed and accused as traitors. Item, to the end that the said earls and laird of Auchindoun, their contumacy and perseverance, may be known in the treasonable treason libelled without any appearance of repentance or amendment, the said advocates repeat the manifest treason committed by them and each one of them by harbouring certain strangers, traffickers and treasonable mutineers and raisers of sedition against the estate of the realm and religion who lately arrived and landed in the town of Montrose and are presently, likewise they have been since the time of their arriving in this realm, sheltered, helped, supported, assisted and maintained by the said three earls and laird, and every one of them to the overthrow and destruction of this realm and religion presently professed within the same. The said advocates repeated the whole writs and other premises above-mentioned as they are set down in manner above-mentioned with the notoriety of the deed, and that this parliament is a great assize, so that he who of his conscience cannot be clear, he of necessity must be found guilty and renounce further probation of the first reason of the summons of forfeiture.

The which day the said Masters David MacGill and John Skene, advocates to our sovereign lord, after that they had repeated and produced all their probations to the said whole estates which they would use for proving of the said summons of treason, reproduced the same summons of treason raised and pursued at the instance of our said sovereign lord and his highness's justice against the said George, earl of Huntly, William, earl of Angus, Francis, earl of Erroll and Sir Patrick Gordon of Auchindoun, knight, whereby they were summoned to have compeared before our said sovereign lord and estates of parliament at a certain day bygone, with continuation of days, to have answered to the points and crimes of treason and lese-majesty contained in the said summons, of the which summons the tenor follows:

James, by the grace of God, king of Scots, gives greetings to our beloved lyon king of arms, Islay, Albany, Ross, Rothesay, Snowdon, Marchmont, heralds, Robert Stewart, David Bryson, Alexander Douglas and James Chalmers, macers, Ormond, Bute, Unicorn and Carrick, pursuivants, John Blindseil, Bute, pursuivants, Robert Fraser, Unicorn, pursuivants, etc., messengers, and whichever, jointly and severally of our sheriffs specially constituted in that part. We mandate and instruct you to summon lawfully and peremptorily before witnesses William, earl of Angus, George, earl of Huntly, Francis, earl of Erroll, and Lord Patrick Gordon of Auchindoun, knight, as conspirators, perpetrators and concealers of the following crimes of lese-majesty, in person if you are able conveniently to have their personal presence, otherwise at their dwelling places, or by public proclamation at the market crosses of our burghs of Edinburgh, Haddington, Lanark, Aberdeen, Perth, Banff etc., and other necessary places where they are or live, outwith our realm or having no fixed abode in the same, at the said market crosses and other necessary places on notice of sixty days, in such a way that a summons of this kind could reasonably reach their ears and notice - that they should compear before us or our justice on 20 May next in our parliament held at Edinburgh on 18 May, at the time of dealing with cases, with continuation of days, in order to answer to us or our justice in the foresaid parliament, respectively, regarding the following treasonable crimes; namely the said William, earl of Angus, George, earl of Huntly, Francis, earl of Erroll, Lord Patrick Gordon of Auchindoun, knight, etc., and any of them, for their treasonable conspiracy, collusion and resolve concerning the horrible crime and deed which was destined for execution, for the alteration of the status of our realm and of the true religion professed by us, and our upright and loyal lieges, following the word of God Almighty, and approved by acts of our parliament, and confirmed by our laws, and that especially in the months of June, July, August, September, October and November, or some of them, in the year of the Lord 1592, in their plotting and meetings with Master James Gordon and Master Robert Abercrombie, Jesuits and seminary priests, and with Master George Kerr and the late David Graham of Fintry and any of them, excommunicated papists, regarding the letters sent and addressed by Master William Crichton and Master James Tyrie, Jesuits from Spain, to the foresaid Master James Gordon, and in their treasonable consultation and resolve in that regard, in which it is declared how diligently and with what assiduity they worked with the king and council of Spain, in return for cash and troops to be sent to Scotland, to the extreme overthrow and alteration of the religion now professed, and to the invasion of the realm of England, which was delayed only until a certain dignitary could be sent from Scotland with letters of confirmation and other empty letters (blanks) signed by noblemen who had bound and pledged themselves to the part and name of Roman Catholics living in this realm of ours, and had drawn up these letters (the blanks) with the advice of the said Master William Crichton and Master James Tyrie when in Spain, as certain bands, signs and sureties of the foresaid cash and troops, extending to the number of 30,000 armed men to land in the foresaid year from the west of this kingdom near Kirkcudbright or the River Clyde as the wind dictated. For the execution of this impious and treasonable crime, the forementioned empty letters (blanks) had been written, partly in Latin, partly in French, in various forms, together with letters of certification and surety, by the hands of the foresaid William, earl of Angus, George, earl of Huntly, Francis, earl of Erroll and Lord Patrick Gordon of Auchindoun, knight, openly professing and affirming that they were the most humble and most obedient servants of his majesty the king of Spain (to whom those letters were addressed), which manifestly demonstrates the fact of their foresaid treason, because they, bound by nature and by loyalty to us, their king (to whom these empty letters were not sent), treasonably abandoned the allegiance and loyalty due to us, and bound themselves to an alien, foreign king without our consent, and sent empty letters signed by their own hands to him, in which there could be written and included by him and his council whatever seemed good to them, but harmful and detrimental to us, our royal authority, our realm and subjects. Nothing could have been or been devised by them more treasonable after the same letters (the blanks) had been handed over and delivered, to the effect mentioned above, in the month of [...] in the year of the Lord 1592, by the said Master Kerr, together with various diverse seals, stamped on wax, of the said earls. Indeed, this Master George sailed across to Spain, and had been chosen to carry out this criminal deed, and willingly took on the task, and made his way as far as the Isle of Cumbrae, with a full commission from the persons mentioned above who accepted the responsibility upon themselves, on behalf of all the Roman Catholic men of their faction, with a view to working seduluously in return for the receipt of money and troops, with their loyal permission to get ready themselves, their people and armed knights to the extent that the said money was able to achieve. They certainly were to await the arrival and entry of the said Spanish troops and lead the majority of them into England to attack it and the religion professed there. Of these Spaniards 5,000 were to stay within our kingdom permanently, with whom the forenoted traitors, degenerate nobles and all such papists of the Catholic faction living in our realm were to join up, with a view to the alteration of its status and of the religion now professed (of these, whoever overthrows the one overthrows the other, as they are so joined together that if one perishes the other must perish), and with a view to the elevation of masses and the Roman Catholic profession, to the evident peril and detriment of our royal person, the disturbance of the peace of our realm, and the alteration of its entire status, committing thereby nefarious and most manifest treason, against our God Almighty, ourselves, our royal authority and laws; and so in respect of the forenoted, William, earl of Angus, George, earl of Huntly, Francis, earl of Erroll, Lord Patrick Gordon of Auchindoun, knight, etc., it is decided and declared by us and by the decreet of the three estates of our realm that, in respect of the foregoing, the forementioned conspirators, or any of them, have incurred the crime of lese-majesty, for sight and hearing. For that reason, their goods, moveable and immoveable, both lands and offices, and other things relating to them, are confiscated by us in perpetuity, and remain with us as property, and their persons undergo the penalty of treason and the ultimate punishment inflicted by the laws of our realm. Further, it is intimated to the foresaid conspirators and to whomsoever of them that they must answer these charges and obey the law, whether they have compeared on the said day and in the said place, with continuation of days, or not, either we or our justice shall proceed in regard to the foregoing, in line with justice. Further, you are to cite etc. to compear before us or our justice on the said day and in the said place, with continuation of days, to demonstrate loyal testimony in the foresaid case, under pain of the law. Also, you shall hand over the said letter, duly executed and endorsed, to their bearer. Also you who have served writs in person are to be on the said day in the said place, in the presence of ourselves or our judge, bearing with you written proof of your summons, 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 19 March in the year of the Lord 1593 [1594], and in the twenty-seventh year of our reign.

Here follows the executions and endorsements of the said summons: Upon 28 March the year of God 1594, I, John Blindseil, Bute pursuivant, one of the sheriffs in that part within specified, passed at command of these our sovereign lord's letters within written and in his highness's name and authority lawfully and peremptorily summoned, warned and charged Sir Patrick Gordon of Auchindoun, knight, at his dwelling places respectively of Auchindoun and Gartly. After I had knocked six several knocks at the gates thereof, I affixed an authentic copy of the said letters translated in English upon each one of the said gates respectively foresaid, because I could not apprehend him personally, to compear before our sovereign lord and his highness's justice on 20 May within written in his majesty's parliament to be held at Edinburgh on 18 May foresaid in the hour of cause, with continuation of days, to answer to his highness or his justice in the said parliament upon the treasonable crimes within specified in manner, form and effect as is more expressly within rehearsed, and with intimation to the said Sir Patrick as is within contained after the form and tenor of these our sovereign lord's letters in all points. And this I did before these witnesses, Alexander Hay in Aberdeen, George Grieve, stabler in Edinburgh, and Henry Bell, servant to Laurence Peacock, doctor in the grammar school of Edinburgh, 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, John Blindseil, Bute pursuivant. Upon 29 March the year of God foresaid, I, the said John Blindseil, Bute pursuivant, passed at command of the said letters and in his highness's name and authority lawfully and peremptorily summoned, warned and charged George, earl of Huntly at his dwelling place in Strathbogie because I could not apprehend him personally. After I had knocked six several knocks at the gate of his said dwelling place, I affixed an authentic copy of the said letters translated in English upon the gate thereof, to compear before our sovereign lord or his highness's justice on 20 May within written in his majesty's parliament to be held at Edinburgh on 18 May foresaid in the hour of cause, with continuation of days, to answer to his highness or his justice in the said parliament upon the treasonable crimes within specified in manner, form and effect as is more specially within contained, and with intimation to the said earl as is within written after the form and tenor of these our sovereign lord's letters in all points. And this I did before these witnesses, John Hamilton, servant to the said George, earl of Huntly, Alexander Hay in Aberdeen, George Grieve, stabler in Edinburgh, the foresaid Henry Bell, with diverse others. And for the more verification of this my execution and endorsement, my signet is affixed. It is thus subscribed, John Blindseil, Bute pursuivant. Upon the said 29 March the year of God foresaid, I, the said John Blindseil, Bute pursuivant, passed at command of the said letters and in his highness's name and authority lawfully and peremptorily summoned, warned and charged Francis, earl of Erroll, personally apprehended and delivered him an authentic copy of the foresaid letters translated in English to compear before our sovereign lord or his highness's justice on 20 May within written in his highness's parliament to be held at Edinburgh on 18 May foresaid in the hour of cause, with continuation of days, to answer to his highness or his justice in the said parliament upon the treasonable crimes within specified in manner, form and effect as is more specially within contained, and with intimation to the said earl as is within contained after the form and tenor of the said letters in all points. And this I did before these witness, John Leslie of Balquhain, Patrick Con of Auchrie, Alexander Hay in Aberdeen, George Grieve, stabler in Edinburgh, and the said Henry Bell, 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, John Blindseil, Bute pursuivant. Upon the said 19 March the year of God above-written, I, the said John Blindseil, Bute pursuivant, passed at command of the said letters to the market cross of Banff, which is the head burgh of the shire where the foresaid Sir Patrick Gordon, George, earl of Huntly and Francis, earl of Erroll dwells, and there by open proclamation in his highness's name and authority lawfully and peremptorily summoned, warned and charged the said Sir Patrick Gordon, George, earl of Huntly and Francis, earl of Erroll, and affixed an authentic copy of the said letters translated in English upon the said market cross, to compear before our sovereign lord or his highness's justice on 20 May within written in his majesty's parliament to be held at Edinburgh on 18 May foresaid in the hour of cause, with continuation of days, to answer to his highness or his justice in the said parliament upon the treasonable crimes within specified in manner, form and effect as is more specially within contained, and with intimation to the said earls and the said Sir Patrick Gordon as is within contained after the form and tenor of the said letters in all points. And this I did before these witnesses, William Leslie in Edinburgh, Alexander Hay in Aberdeen, George Grieve, stabler in Edinburgh, and the said Henry Bell, with diverse others. And for the more verification of this my execution and endorsement subscribed with my hand, my signet is affixed. It is thus subscribed, John Blindseil, Bute pursuivant. Upon 1 April the year of God 1594, I, John Blindseil, Bute pursuivant, passed at command of these our sovereign lord's letters to the market cross of the burgh of Aberdeen, being the head burgh of the shire where the persons underwritten dwells, and there by open proclamation in his highness's name and authority lawfully and peremptorily summoned, warned and charged the said Sir Patrick Gordon, George, earl of Huntly and Francis, earl of Erroll and affixed an authentic copy of the said letters translated in English upon the said market cross, to compear before our sovereign lord or his highness's justice on 20 May within written in his majesty's parliament to be held at Edinburgh on 18 May foresaid in the hour of cause, with continuation of days, to answer in⁴ his highness or his justice in the said parliament upon the treasonable crimes within specified in manner, form and effect as is more specially within contained, with intimation to the said earls and Sir Patrick Gordon as is within contained after the form and tenor of the said letters in all points. And this I did before these witnesses, Gilbert Guthrie, Marchmont herald, Alexander Hay in Aberdeen, George Grieve, stabler in Edinburgh, and the said Henry Bell, 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, John Blindseil, Bute pursuivant. Upon 2 April the year of God 1594, I, Robert Fraser, Unicorn pursuivant, one of the sheriffs in that part specified in our sovereign lord's letters within written, passed at command of the same and in his highness's name and authority lawfully and peremptorily summoned, warned and charged William, earl of Angus at his dwelling place of Douglas. After I had knocked six several knocks at the gate thereof, I affixed an authentic copy of the said letters translated in English out of the testimonial of his highness's great seal upon the gate of his said dwelling place because I could not apprehend him personally. And also upon the same day and year of God foresaid, I passed to the market cross of Lanark, which is the head burgh of the shire where the said earl dwells, and there by open proclamation lawfully and peremptorily summoned, warned and charged the said William, earl of Angus and affixed an authentic copy of the said letters translated as said is upon the said market cross. And also upon the 5th day of the said month and year of God above-written, I passed to the market cross of Haddington and lawfully and peremptorily summoned, warned and charged the said earl by open proclamation thereat, and thereafter I affixed an authentic copy of the said letters translated as said is upon the said cross. And likewise upon the 8th day of the said month and year of God foresaid, I passed to the market cross of Edinburgh and there by open proclamation lawfully and peremptorily summoned, warned and charged the said earl and affixed an authentic copy of the said letters upon the said market cross, translated as said is, to compear before our sovereign lord or his highness's justice on 20 May next to come in his highness's parliament to be held at Edinburgh on 18 May foresaid in the hour of cause, with continuation of days, to answer to his majesty or his justice in the said parliament upon the treasonable crimes within contained and as more specially is within rehearsed, with intimation to the said earl as is within written, after the form and tenor of our sovereign lord's letters in all points. And this I did before these witnesses, John Finlayson in Edinburgh and George Cunningham there, 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, Robert Fraser, Unicorn pursuivant.

The which summons, with the executions and endorsements thereof respectively foresaid, being this instant day read in presence of his majesty and whole estates of parliament first in Latin and afterwards in Scots, and the said William, earl of Angus, George, earl of Huntly, Francis, earl of Erroll and Sir Patrick Gordon of Auchindoun, knight, being ofttimes called of new at the tolbooth window of the said burgh of Edinburgh to have compeared and answer to the said summons and reason contained therein, and they not compearing to have defended in the said matter and to have answered to the said summons, the said Masters David MacGill and John Skene, advocates to his majesty, desired the said estates' declaration if the reason of the said summons were relevant against the said three earls and Sir Patrick Gordon of Auchindoun, knight. Which estates, all with one voice, found the same relevant against them. Therefore the said advocates of new, for verifying of the said reason contained in the said summons of treason, produced and repeated the whole eight blanks in paper, two thereof subscribed by the said Earl of Angus only, the other two by the said Earl of Huntly only, the other two subscribed by the said Earl of Erroll only, and the other two subscribed by the said earls and laird of Auchindoun, all sent to Spain; and also repeated the whole other probations repeated by him of before in the said matter this instant day, and desired the said estates of parliament to advise the probations foresaid led and prosecuted in the said matter and to pronounce their sentence of parliament therein according to the same probations and their consciences. And thereafter the whole writs and probations being read, seen and considered by the whole estates of parliament in presence of the king's majesty, and they therewith being ripely advised, the said lords and estates of parliament find, decree and declare that the said William, earl of Angus, George, earl of Huntly, Francis, earl of Erroll and Sir Patrick Gordon of Auchindoun, knight, have committed and done open and manifest treason against our said sovereign lord in all points, articles and manner contained in the said summons. And therefore it was given for doom by the mouth of James Nisbet, dempster of parliament, in manner and form as follows: This court of parliament shows for law that the said William, sometime earl of Angus, George, sometime of Huntly, Francis, sometime earl of Erroll and Sir Patrick Gordon, sometime of Auchindoun, knight, and each one of them, have committed and incurred the special crime of treason and lese-majesty above-written, the times and in manner at length contained in the reason of the said summons of treason; and therefore decrees and declares all their goods moveable and unmoveable, as well lands as offices and other things whatsoever belonging to them, to be confiscated to our sovereign lord and to remain perpetually with his highness in property in time coming, and their persons to underlie the pains of treason and utter punishment appointed by the laws of this realm; and this I give for doom.