[A1598/6/1]¹

Procedure: commission of lieutenancy to the Earl of Angus

Commissioun of lieutenandrie to the Erll of Angus

The kingis majestie, his nobilitie and estaitis presentlie convenit, considering how that his hienes peceabill and gude subjectis, inhabitantis of the cuntreyis ewest the bordouris, hes this lang tyme bygane sustenit oppin and avowit heirschippis, reiffis and depredationis of the thevis and brokin men dwelland within the same bordouris, quha alsua makis frequent raidis and incursionis in England to the brek of the peace and bringing on of mony uther inconvenientis; for repressing of the quhilk enormiteis and halding of the saidis bordouris under his hienes obedience, his majestie, with advise of his saidis nobilitie, counsall and estaitis, hes maid and constitute and be the tennour heirof makis and constitutis his hienes richt traist cousing and counsallour Williame, erll of Angus, lord Douglas and Abernethie his hienes lieutenent and justice within the boundis of the eist, middill and west marcheis of this realme foiranent England and all the schirefdomes within the samyn, togidder with the schirefdomes of Peblis, Selkirk, Eist Lowthiane, Niddisdaill, Galloway, Kyle and over waird of Cliddisdaill, alsweill to burgh as to landwart, regalitie as ryaltie (the inhabitantis of the burrowis of Air and Irwing onlie except), and that during his hienes will allanerlie; and siclyke wardane and justice within the boundis of the said west marche and schirefdomes and burrowis appertaining thairto for the space of ane yeir nixtocum efter the date of thir presentis to the effect underwrittin, geveand, grantand and committand to him his hienes full power and commissioun, expres bidding and charge, lieutennent and justice courtis within ony parte of the boundis of the saidis thre mercheis and wardane and justice courtis within the boundis of the said west marche als oft as he sall think expedient to sett, begin, affix, hald and continew, sectis to mak be callit, absentis to amerciat, trespassouris to punische, unlawis, amerciamentis and escheittis of the saidis courtis to ask, lift and rais and for the samyn, giff neid be, to poind and distrenyie, the ane halff to his majestie and the uther halff to his awin use for his labouris to apply, all and sindrie personis duelland within the saidis boundis quha has committit or heirefter sall committ murthour, slauchter, wichecraft, thift, ressett of thift, oppin and avowit reiff or ony uther capitall cryme importing the pane of deid (tressoun onlie exceptit) to serche, seik, tak, apprehend and put to the knawlege of ane assise thairfoir, and, as they salhappin to be fundin culpable or innocent, to caus justice be ministrat upoun thame conforme to the lawis of this realme, dischargeing and secluding him alwayis fra ressaving of ony redres of guidis fra thevis and lymmaris for sparing of thair lyves for stouthis and reiffis committit be thame sen his majesteis last being in Drumfreis or to be committit heirefter except it be for satisfactioun of pairtie, bot that he caus execute thame to the deid thairfoir according to thair deservingis, exceptand alwayis the redres of attemptatis aganis England; assyises, ane or ma neidfull, ilk persone undir the pane of fourty pundis to summond, warne, cheis and caus be sworne; deputtis under him, ane or ma, with clerkis, serjandis, dempstaris and all utheris officiaris and memberis of courte neidfull to mak, creat, substitute and ordane, for quhome he salbe haldin to answer; dayis of trew with the opposite wardanis for ressaving and geving of redres according to the forme observit in sic caises to sett, proclame, appoint and keip; and to charge all his hienes subjectis within the saidis boundis to rys and convene thame selffis in armes at all tymes and occasionis for accumpanying him to the saidis dayis of trew or persute of thevis or resisting of thair stouth and reif, assegeing of house or advancement of his hienes authoritie and service undir the pane of tinsall of lyffe, landis and guidis, his majesteis baner to display, the houses or strenthis of quhatsumevir personis within the boundis of all the saidis thre marcheis to charge to be randerit undir the panes of tressoun or horning, the dissobedientis to caus denunce to the horne, thair escheit gudis to intromett with and uptak, the ane halff thairof to his awin use to apply, and of the uther to mak yeirlie compt and payment to his hienes thesaurare, the saidis houses giff neid be to assege, rais fyre and use all kynd of force and weirlyke ingyne that can be had for wynning and recoverie thairof; all and sindrie personis standand in deidlie feid and quarrell to charge, to tak and giff assurance undir the pane of horning, the dissobedientis lykwayis to proceid aganis be using the executioun of horning and uptaking of thair escheit guidis. With powar lykewise to the said lieutennent, plegeis or souirteis to tak and caus be tane for keiping of his hienes peace, quietnes and guid rewll in the cuntrey and for thair dewtifull obedience to his majestie. With power lykewise to the said lieutennent to appoint, proclame and sett courtis of redres for satisfeing of his hienes gude subjectis of sic billis and complaintis as wer not redressit during the office of Andro, lord Stewart of Uchiltrie, lait lieutennent and wardane within the saidis boundis, according to the forme and ordour sett doun be his majestie at his being in Drumfreis in the moneth of November last. As alsua to charge the keiparis of his hienes awin houses of Lochmaben, Annand, Langholme, Creiff or utheris houses and placeis quhatsumevir neidfull for the better executioun of this present commissioun to mak the same patent and reddy to him or utheris to be appointit be him for resset thairof at all occasionis. And to the effect the said lieutennent, wardane and justice may the better effectuat the same commissioun in all pointis conforme to the tennour thairof, his majestie promittis be thir presentis to grant na licenceis nor exemptioun to ony personis duelland within the saidis boundis fra him, his office, jugement and jurisdictioun nor yit to remane fra ony raidis to be appointit be him; nather sall ony personis duelland within ony of the saidis thre marcheis appointit to attend upoun the said lieutennent be oppin proclamatioun be subject during the tyme of thair service and actuall attendance upoun him to the jugement and jurisdictioun of the justice generall or his deputtis or utheris jugeis or jugement quhatsumevir bot speciallie exemit thairfra and fra all raidis to be maid be his hienes or ony utheris during the said space, dischargeing the said justice generall and his deputtis and all utheris jugeis of all proceiding aganis thame and of thair officeis in that pert. Attoure his majestie, with advise of the saidis lordis, decernis and declaris be thir presentis that the said lieutennent, his servandis nor nane quhilkis be his commandiment sall intromett with his hienes fortalice of Lochmaben or uptak the yeirlie rent and dewtie thairof during the tyme of this present service sall onnawise be querrellit nor persewit thairfoir criminallie nor civillie be ony maner of way in tyme cuming, exonering and dischargeing thame of the samyn; and dischargeing alsua all jugeis and ministeris of his hienes lawis of all proceiding aganis thame for evir be thir presentis. And incais ony persone or personis duelland within the boundis forsaideis or ony parte thairof sall remane at hame or absent thame selffis fra this his hienes service and frome his office, jugement and jurisdictioun, with powar to him in that cais to proceid aganis thame as dissobedientis, brekaris of his hienes proclamationis, and to uptak and dispone upoun thair escheit guidis thairfoir, the ane halff to his majesteis use to inbring, and the uther half to his awin behuiff to apply. Lyke as his majestie promittis to grant na favour nor uther dispensatioun to ony personis duelland within the saidis boundis quhilkis sall sute to have ony doing or favour at his hienes handis by and without the said lieutennentis knawlege, allowance or tollerance, to the hinderance alwayis of his majesteis service to his disgrace, bot sall returne the same personis bak agane to him quha sall minister justice to thame as he salbe answerable thairfoir at his hienes handis. With power lykwise to the said lieutennent to caus inquyre and tak up dittay of all and sindrie personis duelland within the saidis boundis suspectit and dilaitit of the crymes forsaidis, and to charge thame to compeir befoir him or his saidis deputtis in his lieutennent, wardane and justice courtis, and to gif thair names in valentynis to thair maisteris or landislordis commanding to enter thame in the saidis courtis and to punische the dissobedientis according to the lawis; the pressoun hous of Drumfreis and all utheris presonis to command to be maid patent to him at all occasionis. And siclyke gevis power and commissioun to the said lieutennent and justice to caus attendance be gevin that na nolt nor scheip be transportit furth of this realme to England; and giff ony salbe challengeit or apprehendit in the transporting, to mell and intromett thairwith, confiscat and escheit the samyn, the ane halff to his hienes awin use, to inbring and compt and delyverie thairof to his majesteis thesaurare in his hienes name to mak, and the uther halff to the said lieutennentis awin use to apply. And giff in presute of the saidis thevis and revaris or assegeing of the saidis houses or utherwayis in the executioun of this present commissioun or ony pairt thairof thair salhappin slauchter, mutilatioun, fyre raising, distructioun of cornis and houses or ony uther inconvenient quhatsumevir to follow, his majestie willis and grantis and for his hienes and his successouris decernis and declaris that the same sall not be impute as cryme nor offence to the said lieutennent nor personis assisting him in the executioun of this present commissioun, nather sall thai be callit nor accused thairfoir crimenallie nor civilie be ony maner of way in tyme cuming, nor incur na skaith nor danger thairthrow in thair personis, landis or guidis, notwithstanding ony his hienes lawis, actis or constitutionis maid in the contrair, exonering thame of all pane, cryme and danger that thai may incur thairthrow for evir; and generalie all and sindrie utheris thingis to do, exerce and use that in the premises and for executioun thairof and advancement of his majesteis authoritie and service is requisite to be done, ferme and stable halding and for to hald all and quhatsumevir thingis they sall lawfulllie do heirin. And that letteris be direct to officiaris of armes, schireffis in that parte, chargeing thame to pas and mak publicatioun of the premises to all and sindrie his hienes leigis be oppin proclamatioun at the mercat croceis of the principall burrowis within the boundis forsaidis and all utheris placeis neidfull, quhairthrow nane pretenand ignorance thairof; and to command and charge all and sindry his hienes leigis to reverence, acknawlege and obey, ryse, concur and assist the said lieutennent, wardane and justice in all thingis tending to the executioun of this present commissioun under the pane of tressoun.