[A1595/3/1]¹

Legislation

Act against his majesty's traitors and rebels

The which day the king's majesty, with advice of his nobility, council and estates presently convened, has thought fit, concluded and resolved that his highness's declared traitors, rebellious and unnatural subjects, their assisters and partakers shall be pursued by action either by his majesty's self in person or by his highness's lieutenant with all convenient expedition, in case George [Gordon], sometime earl of Huntly and Francis [Hay], sometime earl of Erroll remove not out of this realm according to the promise, acts, bonds and obligations made and given relating thereto; as also that the penalties and sums expressed in the said acts and bonds shall be exactly taken up and no part thereof discharged, but altogether applied to the payment of the waged men that shall be taken up for this purpose. And to this effect, that their cautioners be called and convened before his majesty and council, so soon as conveniently may be, to hear and see the said acts and bonds decreed to have been contravened, and therefore the same cautioners to have incurred and to incur the said pains and sums contained therein, and letters directed for collection and payment thereof to his majesty's use, according to the order used in such cases. And likewise that the harbourers of the said sometime earls and of others his highness's declared traitors, rebellious and unnatural subjects expressly against the tenor of the late bonds, acts and proclamations made in the contrary be also called and convened, and the pains and sums expressed therein likewise intromitted with and applied to the use foresaid. And in the same manner that the livings of the said declared traitors and rebellious persons be wholly intromitted with by such as his majesty has appointed or shall appoint chamberlains and factors to that effect, and used and applied to the use foresaid, or otherwise as his highness shall think good. And further, that [Henrietta Stewart], lady Huntly shall be charged to repair to the city of St Andrews and to bring with her her eldest son within [...] days next after she be charged thereto, there to remain until further order be taken with them as appertains, under the pain of rebellion etc., with certification etc.; and the like charge to be given to [Elizabeth Douglas], lady Erroll for her repairing to the place of Dalkeith within [...] days next after she be delivered of her present birth, there likewise to remain until the like order to be taken with her, under the said pain of rebellion etc., with certification etc. And lastly, that proclamations be made at the market crosses of the head burghs of this realm commanding and charging all his majesty's lieges that none of them take upon hand to harbour, supply nor intercommune with the said declared traitors, rebellious and unnatural subjects, nor yet with such as assisted and come in arms with them against his majesty's lieutenant and as yet have received no remission nor pardon thereof, nor yet with Jesuits, seminary priests and excommunicated persons, nor furnish them meat, drink, house nor harbour, nor otherwise have intelligence with them privately nor publicly by letters, messages nor no other manner of way, but to take and apprehend them, if they be of power so to do, or otherwise to notify their being and resorting in whatsoever part to the sheriff of that shire, provost and bailies of that burgh or others of greatest power and ability next adjacent to the parts where they are, through which they may be apprehended; whom his majesty ordains to do their exact diligence for their apprehension; as also for apprehension of the persons underwritten which are well known to have been at the raid against his highness's lieutenant, and as yet have not received his majesty's pardon thereof, they are to say: [...] Wood, younger, of Bonnytoun, [...] Wood of Latoun, Patrick Butter, John Ogilvie of the Craig, William Ogilvie of Qwene, Robert Gray in Balgarrock, Master Alexander Ramsay in Brechin and others of the like estate and condition, and to bring and present them before his majesty to be punished for their demerits according to the laws of this realm as the said sheriffs, stewarts, provosts and bailies of burghs and others his highness's lieges will answer to his majesty upon their obedience at their utmost charge and peril, and under the pains of treason, rebellion and putting of them to the horn; certifying them if they be found remiss or negligent herein or otherwise contraveners of any part of this present proclamation, that they shall not only be denounced his highness's rebels and put to the horn and all their moveable goods escheated and seized for his majesty's use for their contemptuousness, but also shall be reputed, held and esteemed as accessory to and partakers with the said declared traitors in all their treasonable wicked deeds and shall be pursued and punished thereof indifferently with them to the death with all rigour and extremity in example of others.