Caution for Scrymgeour of Dudhope.
Walter Ramsay, burgess of Dundee having “made faith that he dread bodily harm to be done to him” by James Scrymgeour of Dudhope, Constable of Dundee, and Scrymgeour being personally present, the Lords order Scrymgeour, under pain of “one thousand merks,” to find sufficient surety “ that the said Walter shall be harmless and scaithles of him”
Complaint by David Dunbar of Kynstary, as follows: - Thomas caddell in clunes, John Or in May, John Caddell, bastard son to uncle James Caddell in Clunes, John Caddell in Rorachie, Thomas Caddell in Flures, William Caddell his son, John Caddell in Archidoun, John Mason eldest son to Patrick Mason in Easter Kilrawok, Donald McFail in Archindoun, James Dempster in Caddell
Alestair McBrabnar there, Pall McDonald Roy there, Nicoll Mason in Incheddell, Alexander Bane McFinlay there, Thomas Montgomery, in Monzeournane, George Montgomery in Brumehill, Donald McAwreoch in Caddlell, John McAwreoch in Little Urchun, Alexander Gowanson, son to Uncle Alexander Gowanson that was hanged in Dundee, Alexander Roy McAgie in Caddell, Alexander Stewart there, John Stewart there, Patrick Cunningham, officer, John Caddell, brother to James Caddell in Forress, Thomas Chisholm, Fiddler in clunes, NicollMcGillefeddell there, Mathew McAndochie there, Alexander Moir McGillcreist there, John Dow McCuner in Caddell, Finlay McInreoch in Clunes, Nicoll McGillefeddell there, and John McGowandreis there, all servants and tenants to John Campbell of Caddell, accompanied with diverse others, their accomplices, with convocation of our Sovereign Lords, lately, upon the xx day of October last by past, off the special causing, devising, hounding, sending, art, partaking, command, assistance and rathbitatioun of the said John Campbell of Caddell their master, and Duncan Campbell of Boith, his father crother, come to the Kirk yard of Aulderne, land within the sheriff dome of nairn, where, the said Dunbar being ganged within the said Kirk yard, for the time accompanied only with Alexander Davidson and William Lyon, his servants. And there the said persons most Cruelly and unmercifully slew the said uncle Alexander Davidson and William Lyon upon set purpose and provision; like as they at the same time took the said David Dunbar captive and prisoner, had, led and convoyed hi away with them to tower and fortress of Caddell, where they detained and yet detains him in captivity and prison continually since.” The complainer asserts that “ he is innocent of all crimes and offence that they may be impute to him, and for the better trial of his innocence he had found surety to the Justice Clerk and his deputies that he shall compeer before the Justice or his deputes the third day of next justice air of the sheriff dome of Elgin and Forress or Nairn, where he dwells, or sooner when of where it should please our Sovereign Lord upon xv days warning and underlie the laws for all crimes committed by him, or that he may laid to his charge, under the pains contented in the acts of Parliament, as at more length is contented in one act in the books if adjornall maid thereupon.”
Having made his complaint before the Lords of Council and Session, he had obtained letters charging his detainee’s to set him free within three days under pain of rebellion; and, on their disobedience, he had “caused denounce the said persons rebels and put them to the horn,” but with no effect. “and say the said Dvid is detained captive, and our Sovereign Lords authority contempt, the detainees of him in captivity being denounced rebels and at the horn as said is, and yet daily hantand And repaired in his Highness’s house and company as if they were his Majesty’s frie legis”, Hence his renewed complaint. In consequence of that renewed complaint, the said John Campbell of Caddell had been summoned in the usual manner to exhibit his captive before the council and abide the issue; and now, as he had appeared personally, and “presented and exhibited the said Dvid Dunbar before the said Lords, protesting, in respect thereof, that he might be relaxed from the process of horn led against him for non-putting of the said David to liberty conform to the foresaid letters,” the Lords declare, in the first place, that Dunbar is free from that moment to go where he pleases, but also, in the second place, that in respect of Campbell’s complacence letters are to pass charging the proper officers to “relax the said John Campbell from the process of horn led upon him for the causes foresaid, resave him to our Sovereign Lords peax, and give to him the wand thereof simplicity in time coming.
Complaint by sir William Murray of Tullibardin, Comptroller of the King’s household, as follows: - He had directed Jeremy Bowie, similar,
six persons, or three more than had been present five days ago. Six of the persons who had then been present, viz., the Earls of Eglington and Mar, Lord Robert Stewart, the Archbishop of St. Andrews (Patrick Adamson), the Abbot of Culross, and the Abbot of Balmerinoch, are now absent; but the Earls of Atholl and Montrose, with the Lords Innermeath, Cathcart, and Drummond, the Bishop of Dunkeld (James Paton). The Abbot of Cupar, and the Abbot of St Colme (James Stewart of Doune), and the Comptroller (Sir William Murray of Tullibardine) all of whom had been absent, are now present; These making up the Sederunt with the Earls of Morton, Angus, Argyle, and Rothes, Lords Ruthven, Boyd, Ochil tree, Herries, Sinclair and Oliphant, the Archbishop of Glasgow (James Boyd), the Bishop of Brechin (Alexander Campbell), the Abbot of Dunfermline (Robert Pitcairn), the Abbot of Deer (Robert Keith), the Abbot of Cambuskenneth (Adam Erskine), the Clerk-register, and the Justice-Clerk.
The most remarkable thing in the Sederunt, however, is the presence of the Earl of Atholl, presiding as Chancellor, and taking the first place, notwithstanding the order reserving that the place always for the Earl of Morton. Although Argyle had for some time been back in the Council, co-operating with Morton, Atholl had hitherto kept to himself aloof, meditating a policy of his own, and his re- appearance now is significance. He had made up his mind to follow the example of Argyle, Montrose, Herries, and the other of his faction, in becoming reconciled to Morton, externally at least; and was now, after ten months of separation, sitting, as they were, in the same Convention with Morton and Angus, the chiefs of the Douglas’s. The minute of the single proceeding of the convention this day indicates the policy that had been adopted by the new coalition of the Douglass’s and the Stewarts, with Argyle, Montrose, and the rest, and especially the Erskine’s of the House of Mar, concurring. It was to be action against the Hamilton’s. In view of what has to follow on this subject in the Register, a little explanation is desirable here.-- Since the death in 1575 of that James Hamilton, second Earl of Arran, and Duke of Chatelherault in France, who had been declared the second person in the realm on the accession of Queen Mary, and the nearest to the throne in succession to her is she should die without issue, and who had been Regent of Scotland in her name from 1542 to 1554, the heads of the great Hamilton family had been his four sons - James third Earl of Arran, and the Lords John, David, and Claud Hamilton.
The first of these, who had been talked of as a husband both for Elizabeth of England and Mary, and was living in retirement under the charge of his mother, the widowed duchess of Chatekherault; so the real representation of the family depended on his brothers, and especially on Lord John, who was in possession of the vast family estates, and was also abbot or Commendator of Arbroath, and Lord Claud, who was Abbot or Commendator of Paisley. Bothe of these, with their father and their relative the Earl of Huntley, has been active leaders in the civil war, and in all the movements and conspiracies, for the Queen Mary through the Regencies of Moray, Lennox, and Mar 91567-1572) and had been forfaulted in consequence; but the great “ Pacification of Perth, “ of February 3rd, 1573-4, by which Morton signalised the beginning of his Regency, and the contracting parties in which were expressly Morton’s government, on one hand, and Huntley, and Lord John Hamilton, for himself, his brother Claud and the rest of the Hamilton’s, on the other, full remission, with restoration of estates, &c., had been granted to the brothers. They were named first in the Pacification, along with Huntley, at the head of a long list of the condoned Queen’s men. Since then they had been living in Scotland as private noblemen, peaceably enough on the whole, but thought of a persons who might again be dangerous, on account of their ambition, their wealth, and their hereditary family claims to the crown in certain contingencies. There were also particular
Incidents in their past career of activity for Queen Mary which were remembered by many, and especially by some of the Houses of Stewart, Douglas, and Mar, with a desire for revenge. And now it had been concluded to re-open proceedings against them and the Hamilton’s generally; and the present order respecting Lord Claud Hamilton’s rights in the rich Abbey or Commendatorship of Paisley was the first step.
With letters of Commission for visiting, and tasting, and up taking of wines to the furnishing of his Majesty’s house upon reasonable prices, commanding the provost’s and baillies of all burrows and towns where wines arrive and remains to concur fortify, and assist to the said Jeremy in execution of the said commission, as they would answer upon their charge and peril; in quhilk commission power given to make open doors of lock fast houses and lumes in whatsoever burrows and to search all ships in whatsoever havens or harbours, and use our Sovereign Lords keys to that effect, for tasting, varying, and up taking of so muckle wines as necessarily will sustain his Highness’s house in manner foresaid upon reasonable prices.” Although there had been due proclamation in Edinburgh, Dundee, and Leith, “nevertheless James Hucheson, burgess of the burgh of Edinburgh, and George Spence, burgess of Dundee, refused to open their cellar doors to the said Jeremy,” while certain persons in Edinburgh and Dundee, “after he had seen, tasted, and marked sum of their wines to his Highness’s use, would not suffer him intromit therewith, and transport the same without present payment or obligation to short days for greater prices then wines are communally sole for within the said burrows, puttand his Majesty thereby in were cause nor his subjects; saw that his Highness’s cannot be furnished of wines this year nor in time coming without times remade be provided” The offenders in Edinburgh, in addition to the aforesaid Hucheson, were “ William Simson, William Paterson, John Morrison, John Jackson, James Ross, John Fairlie, and sundry others burgesses;” those in Dundee, in addition to the aforesaid Spence, were “James Fleuchar, Peter Clahills, John Finlayson, and William Henry.” But the Provosts and Baillies of both towns were also to blames. When applied to by Jeremy, they had answered that “they could compel none to deliver their gear from them without assurance for payment thereof.” Accordingly, all parties in Edinburgh had been summoned; and now “the said Sir William Murray compeer and personally, and the said Archibald Stewart, provost, Robert Kerr, Gilbert Dick, and Richard Abercrombie, baillies, John Morrison, younger, James Hucheson, William paterson, John Jackson, James Ross, and William Simson, burgesses of the said burgh of Edinburgh, being also personally present,” certain allegations are made in defence. The Provost and Baillies allege that “they, immediately after the arrival of wines within this realm this year , set and made one price upon the same after trial and consideration also taken by them how were first bought, and thereafter proclaimed the same conform to the Act of Parliament made by King James the 5th of worthy memory, like as they conform to the command of the said letters, concurred and assisted the said Jeremy in Visiting, tasting and marking of the said wines, and made open and patent doors to that effect,” The owners of the wines, for their part, allege that “so muckle of their said wines was marked by the said Jeremy were yet extant and remaining in cellars, ready to be delivered to the use and service of our Sovereign Lord.” The Lords are not satisfied with these excuses , “ understanding the same Act to be contravened and not observed and kept by the said provost and baillies, in so far as, after the alleged prices made by them, a great part of the said wines were sold before our Sovereign Lord and his nobility was first staked, express contraire the tennour of the said Act, as also that the command of the said letters was not obeyed, in that concurrence was not given by the said provost and baillies in the up taking and delivery of the said wines to the said Jeremy.” They note also “the corruption and abuse that now is cropping in throw liberty given to a great multitude without controlling to sell and make prices of wines at their pleasure.” On the whole, “all be it his Majesty has just cause to use punishment conform to the said Acts,” yet he and the Council, willing to be lenient, “ has after mature advise, deliberation, and consideration taking how wines are presently sold thought good, concluded and ordered that his Majesty and his nobility shall be answered of wines for this year upon the prices following; that is to say, the price of the tun of Bordeaux wine for fifty pounds, and the price of Hottopys bind for forty sic pounds of this realm; and orders and commands the provost and baillies of Edinburgh and other burrows of this realm to concur, fortify and assist our Sovereign Lords similar in visiting tasting and up taking of the said wines upon the prices foresaid, to be paid by his Majesty’s Comptroller upon the delivery and rest of the said similar ticket of the quantity taking up by him.”
Caution by John, Lord Maxwell, for himself as principal, and by Roger Kilpatrick of Colesburn, Robert Maxwell o Cowhill, and Mr Robert Douglas, Provost of, as his sureties. That he will within three days, “enter his person in ward within the town of Dundee, and remain therein and two miles about the same,” till duly liberated, under pain of 20,000 merks.
Merchants in Edinburgh and other Burghs against Adam Fullerton
Complaint by Mr John Provand, John Acheson, John Arnot, Robert Abercrombie, William Fairlie, David Williamson, William Nesbitt, Archibald Johnston, burgesses of Edinburgh, Andro Lamb, Andro Logan, John Dawson, Alexander Steven, Robert Watson, George Kerr, John Williamson, in Leith, David Endeoch, burgess of Aberdeen, John Thomson in St. Andrews, Alexander Ramsay in Dundee, William Arnot in Crail, “and the remained persons, burgesses within this realm, quhilk has had their goods reft and spilt by English men,” as follows: - Upon diverse and sundry complaints made by them to James, Earl of Morton, Lord of Dalkeith, Regent for the time, two year since and one half or thereby, it was then ordained by him that the provost, baillies, and counsel of Edinburgh, with the some of the rest of the burrows, should convene themselves together, and conclude what they thought best to be done toward the suiting of redres, at the Queens Majesty and Counsels hands of England, of the squilyeis committed upon them and sundry others his Highness’s lieges. Quhilis being convened, it was thought most expedient by them that the said Regent should sen direct letters in their name to the Queen’s Majesty and Counsel of England, desiring them to take order there anent; and then they elected and chose Adam Fullerton, burgess of Edinburgh. Who was one merchant, to pass therewith. Quhilk desire being thought reasonable by the said Earl of Morton, upon their suit [he] directed the said Adam Fullarton, with his Highness’s letters, to Suit and crave what ordor might be taking, and that redres might be had and made for the same, upon the burrows expenses within this realm, and there was presently delivered to him the sum of sic hundred pounds to be his expenses in the journey; where he has remained continually since, While that now larely, within there six of seven oulkis, that he has returned home And true it is that the said complainers yet has gotten no knowledge of his proceedings, nor has resaved diverse and great sums of silver in money and penny worth’s, above the sum of Twenty thousand merks money of this realm, and is minded to give nor make no compt nor reckoning thereof, to their great hurt.” The defender, Fullerton, having been summoned to answer the charge preferred against him has appeared personally, with Robert Abercrombie, Andro Lamb, Andro Logan, John Williamson, and David Endeoch, for the pursuers; and the decree now is that Alexander Clerk, provost of Edinburgh, and James Adamson, burgess thereof, Mr Patrick Whitelaw, and Diones Conqueror , burgess of Perth or one of the two, Alexander Scrymgeour and Richard Blyth, burgesses of Dundee, or one of them, George Elphingstone, baillie of Glasgow William Menzies, burgess of Aberdeen, Robert Alexander, burgess of Stirling, Mr David Russell, burgess of St Andrews, and George Lockhart, burgess of ayr, shall meet at Edinburgh, upon the 9th of March instant, for receiving the said Adam Fullerton’s “charge discharge, super expenses, and all others his compts , and to allow, end, and perfite the same as accords of reason, equity, and good consequence, as they will answer to God and our Sovereign Lord thereupon.
21st of May last having been assigned to John Johnston of that Ilk “for proving of the break of one assurance on the part of John, Lord Maxwell “but there having been “no counsel the same day nor sundry days thereafter,” the matter is ordered to come before the Privy Counsel at St. Andrews
Sederunt – Jacob, Comes de Morton; John, Comes de Atholl, John, Comes de Montrose; Andreas, Comes de Rothes; William, Dominus Ruthven; Allan, Dominus Cathcart; Comendatarius de Dunfermline; Comendatarius de Sanct Colmis Inche; Comendatarius de Pitenweem; Clerk Registrar; Computorum Rotulator.
1 the words within brackets are supplied from entry in the same business the Register being here defective.
2 In the interval between the last meeting of the Council, at Dunnottar , on the 22nd June, and ths meeting at St. Andrews on the 27th of July, a General Assembly of the Kirk, the fortieth since the reformation, had met at Dundee. To this Assembly the Earl of Lennox had sent a letter, dated “from St Andrews, the 14th day of July,” beginning, “It is not, I think, unknown to you how it hath pleased God, of his infinite goodness, to call me by his grace and mercy to the knowledge of my salvation, since my coming in this land.” He then reminds the Assembly that he had publicly declared his conversion to Protestantism, “first by my own mouth in the kirk of Edinburgh, and second by my hand-writ in the King’s kirk at Stirling, where I subscribed the Confession of Faith.” He renders to the Assembly, however, “free and humble offer of due obedience “in anything further that may be desired. One of his servants appeared in the same Assembly and signed Roman Catholicism (Calderwood, iii 468, 469)
Sederunt---Esme, comes de Lennox; Hugo, Comes de Ellington, William, Dominus Henry Allan, Dominus Cathcart; Comendatarius de Dunfermline; Comendatarius de Newbottill; Comendatarius de Pitenweem
Complaint against James Scrymgeour Constable of Dundee
Complaint of David, Thomas, George, and Henry, Maxwell, sons of Alexander Maxwell of Tealing, as follows;--On the 14th of august last, when they were attending the market of Dundee, Robert Scrymgeour, uncl of James Scrymgeour of Dudhope, with the servants of the said James, “set upon Walter Arnot, their cousin to the said complainers, as he was alone ganged upon the high street of the said burgh, and cruelly wounded him in the head, to the great effusion of his blood; quhilk so some as the said complainers understood, they come th the said Walter and , fearing least that, by the fury of the people, and force of the said James servants and assisters, that conveyed very thick upon all sides, they should have disponed upon his life, they thought it most expedient for declining of the present danger, that the said Walter should retire hi to some convenient place where he might be in surety till he were cured of his wound, and therefore conveyed him to the water side, by boat send him to the other side, that he might there be harmless and skaithless of the said James and his foresaid. Whereupon the said James as constable and sheriff in that part, four days afore and four days after the said fury, allegedly to have arrested the said Walter to his court from troubling of the fair, has challenged the said complainers, as conveyers of the said Walter away, to present him again to the constable court, intending thereby to proceed against them, and saw to be both judge and party in their cause, the action being his own, and domestic savants and near kinsmen being authors and procurers of the blood.”---The said Scrymgeour, constable of Dundee, had been summoned to appear the complainers exempted from his jurisdiction, and the case referred to the justice-general of some other “judge unsuspect, “ or else to show cause to the contrary; and now, “the said complainers comprehend by Mr Henry Balfour their procurator, and the said James Scrymgeour comprehend by Mr Thomas Craig his procurator,” and parties having been heard, the Lords, “with consent of both the said parties, appoints and orders Mr John Graham and Alistair Bannatyne, as deputies to the said constable, to sit in the Toolbooth of Edinburgh and to proceed and do justice in the said matter, conform to the laws of this realm, and discharge against them in the said matter, and of their offices in that part
Complaint by “the skippers, owners, masters and mariners, within this realm,” as follows;-- The Commissioners of Burrows at their late convention within the burgh of Aberdeen, on their pretended manner, without any power or commission had from his Highness, has, as his Majesty is informed, made one Act and Ordinance that all goods quhilks has been pillaged in times bygone, at the least that shall be pillaged in times coming, by pirates, from subjects of this realm, in their passing or returning to and from the same, shall be recompensed by one universal scatt and taxed, to be alsweill of the ship and fraught as of the remained goods that shall happen to be left unpillaged within the same ship; minding hereupon to cause appraise their ships and vessels and thereupon to dispose at their pleasure, wrongfully against all order, and to the said complainers other work gif remade be not provided,” It becomes the King and Council to provide such remedy, “ in respect of the form, in usurpation of his Majesty’s authority by the making of the Act, seeing it can not be denied that no subject of this realm ought to make any such acts; quhilk, in effect, is the establishing of one law without power or commission had from his Highness, and if the same shall take effect and execution against the said complainers, it may induce a dangerous preparative in this commonwealth, to the great hurt of his Highness vrown and estate royal,” Even if the Commissioners had warrant from the King for what they have done, “ as they have none “ yet, by law and practice, “ought the said complainers to have been lawfully warned, and their defences hard afore the making of the said Act;” which had not been done. “Attour, it is verity that, in times bygone, when their ships and goods were pillaged, they offered themselves ready to defend and withstand the pirates, craving the assistance of the merchants to that effect, quhilk they utterly refused; expended there throw not only their own goods, but the said complainers goods and vessels, in prey to the enemy in their default.” For these reasons the complainers pray that the said Act may have no effect, but may be suspended and discharged simpliciter,-- charge to appear and answer complaint had been given to the Commissioners of the burghs of Dundee, Montrose, Aberdeen, Kincardine, Forfar, Perth, Edinburgh Leith, Cupar of fife, and St Andrews, “ by open proclamation at the mercat cross of the said burrows, because their names and number were unknown to the said complainers;” and now, “ Mister Thomas Craig comprehend personally, as procurator for certain of the skippers, masters, and mariners within the towns of Dundee, Leith, Kinghorne, Burnt Island, Kirkcaldy and Queensferry, specially constitute by their letters of procurator , and the said Commissioners of Burrows comprehend by Mister John sharp, their procurator , the Lords of Secret council, understanding the said matter not to be competent to their judgement, [remit] the same, therefore, to be decided to the judges competent thereto as accords of the law
Complaint of the provost and baillies, council and community of St. Andrews and of the commissary of the same and his clerk respecting the dismemberment of the commissary ship
“Anent our sovereign Lords letters raised at the intance of the provost, baillies, counsel, and community of the city of Sanctandrois, Mister William Skene, commissar thereof, and Master David Russell, clerk of the said commissariat, makes mention that, where in the month of July last bypast, the said complainers being then credibly informed that the Lords of Session intended to dismanber the jurisdiction of the said commissariat by taking therefrom the bounds of Angus, Carse of Gowrie, and Bra thereof, being in two part of the said jurisdiction and more the meant themselves to our said Sovereign Lord and Lords of his Highness Secret Counsel by their supplication presented to that effect, exposing that, gif any such thing should take effect as was intended, it should redound to the other hardship of the hole inhabitants of the said city. Upon the quhilk supplication the said complainers obtain others [letters?]
Charging the said Lords of Session to compeir before his highness and the said Lords of Secret Counsel at on certain day now of long time, to have hard order taken there anent as accorded, and discharging the said Lords of Session of all passing of any presentation in prejudice of the said complainers Quhill order sould be tane be them their anent as said is, as in the siad others letters and charge past thereupon at mor length if contented. Nonthless, by and desides the knowledge of his Highness and the said Lords of Secret Council, and of the said complainers, the said Lords of Session had past and granted the presentation in favour of Master Hercules Rollok of one new commiserate to be erected within the Burgh of Dundee, containing the said bounds of Angus, Carse of Gowrie, and Bra thereof; whereupon the said Mr Hercules, in time of vacans , has since obtenit his Highness gift and commission be sinister information tacita veritate, giving him power and jurisdiction to sit within the said burgh of Dundee within the hole boundaries abone-experemit; and by virtue their of intends to usurp the said pretended new erected jurisdiction, without his Highness and the said Lords of Secret council provide remade thereto. And, considering it is verity that, long before the impetrating of the said pretended presentation and commission foresaid following thereupon be the said Mister Hercules, the said Mister William Skene , commissar foresaid, and the said Mister David Russell, his clerk of court, were dwelling and lawfully provided to their said offices of the commissariat and clerkship of Sanctandrois respective, within the bounds of the diocese of Sanctandrois upon the north side of the Water of the Forth, whereof the bounds abone-written is one part, and in peaceable possession of using and exerting of their said offices be virtue of their said gigts be the space of sixteen years last by past with the more, but impediment , neither the said commissar, nor his clerk foresaid, nor yet the inhabitants of the said city in whose favour the privilege of the said jurisdiction was granted from the beginning for their interest.
Being called to that effect. Wherefore of all equity and reason the said pretended presentation saw impetrate by the said Mister Hercules as said is, with pretended commission following and proceeding their upon, aught and sold be suspended simpliciter, and the said Mister Hercules, his pretended clerk, gif he any has, and members of court whatsoever, aught and should be inhibit and discharged from all using and exerting of the said commission in time coming. And anent the charge given to the said Mister Hercules Rollok, impetrator of the said pretended presentation, Mister William Baillie, president of the College of Justice, Alexander hay, clerk of Register, Mister Thomas Bannatyne, Adam Bishop of Orkney, Mister Makclyean of Cliftounhall , Alexander Dumbar, den of Murray, Sir Richard Maitland of Lethingtoun, knight, Patrick Vaus Barnbarroch, Mister Robert Pont, provost of the Trinity College, William Douglas of Quhittingham, and James Meldrum of Segy, senators of the said College of Justice, granters thereof, to have compared before our Sovereign Lord and Lords of Secret Council at a certain day by past, to have answered at the instance of the said complainers , that is to say the said Mister Hercules brought with him the said pretended presentation and commission foresaid, together with the said other letters, if any be, direct in fortification of the said gift, to have been seen and considered by his Highness and the said Lords of Secret council, and to have heard and seen the same, effect and strenght thereof, suspended simpliciter in all time coming, and the said Mister Hercules, his pretended clerk, if any were, and members of the court whatsoever, to have been inhibited and discharged from all using and exerting of the said pretended commission any time thereafter, like as at more length is content in the said letters. Quhilk being called upon the tenth day of January instant, and the said Mister William Skene and David Russell compared personally for themselves and in name of the said provosts, baillies, council, and community of the said city of Sanctandrois, and the said Mister Hercules Rollok compared also personally, and the said Mister William Baillie, Lord Provost, president, with certain others of the College of Justice, being likewise personally present; who alleged that the presentation Whereupon followed the erection of the said commissariat within the Brugh of Dundee was dwelling, lawfully, and orderly given and directed by them, as having power and commission granted to them by our Sovereign Lords dearest father and mother to that effect; and notwithstanding, for the better resolution and satisfaction of his Majesty, the said Lords of his Privy Council in this behalf were content and craved that the matter might be remitted to the conference of certain of the said Lords of the Privy Council to be nominated and appointed by his Majesty and others of the like nowmer to be nominated by the said Lords of Session, and to be reported to his Highness and the said Lords of his Privy Council, to the effect they might then proceed as to them should seem most expedient and agreeable to reason and justice. Quhilks persons of equal nowmer of Privy Council being nominate and appointed as said is, and the said matter being at length and conferred upon them, at last is was reported to the said Lords of Privy Council this day, viz., the said Lords of Session has and had sufficient power be virtue of the said commission as well to place and displace the members as to alter the bounds of the said commiserate of Sanctandrois; and notwithstanding, while the Kings Majesty may be better informed of such things as is requisite to be done for the will of the country, ease of the subjects, and the better administration of justice, were content, like as the said Lords of Secret Council all in one voice tem declares and orders, that the jurisdiction of the said commiserate of Sanctandrois shall remain in the same estate that it is presently without alteration of any part of the bounds thereof, and that the presentation and commission granted to the said Mister Hercules Rollok thereupon, with all that has followed upon the same, shall cease and have no further effect nor execution in the meantime.”
“The King’s Majesty understanding, by the report of the officials of his Highness house, how his Highness is not well provided of wines this present year to the furnishing and sustentation of his said house ;- the answers of the wines differing to answer and deliver sample thereof to his Highness use as is necessarily required thereto, upon excuse of the want of payment for the wines reserved to his Majesty, by his own mouth and be the declaration of his Master of Household and other special servants, he assured the provost, baillies and council of Edinburgh of good and thankful payment to be made for the said wines, as well rested award of the year bygone, as of the wine now to be furnished to his Highness this present year how some possibly provision may be made therefore,-and that the furnishing of hus Highness house with wines is one matter necessary as that it can not be differed nor myslippinit; Therefore our Sovereign Lord, with advise of the Lords of Secret Council , orders letters to be direct to command and charge the said provost, baillies and councils of Edinburgh, Dundee, St Andrews, and other towns where wines are arrived or shall happen to come in this present year, to cause make open doors of the cellars of the sellars and ships where wines presently are or shall happen to be, to the effect that our Sovereign Lords samplers may taste, will, and intermit with sample of the said wines to his Highness use shall be thought necessary therefore this present year, and to carry and transport the same, upon thankful payment to be made therefore by such means as his Majesty, with advise of his Council, promises to appoint and to cause be performed and satisfied,--that is, the payment of the wines rest of the year bygone betwixt the date hereof and the Feast of WhitSunday next to come, and for the wines to be now reserved this present year within the space of year and day after the date hereof; and that the said provost, baillies, and council of the said burrows respective see this present ordinance put in execution within xx iiii hours next after they be charged thereto, as they will answer upon their obedience at their uttermost charge and peril, with certification to them, and they failed, commandiment and direction shall be given to others whom his Majesty pleases to put this present ordinance to due execution in all points
Complaint by Colonel, earl of argyle, as follows:--” Captains David Crichton, James Bruce, and William Scrymgeour, alleging that his Highness has assigned to them, for payment of their soldiers for their wages, diverse sums of money alleged rested awand by the sheriffs benefit men, and others, contented in their assignations for their parts of the last taxation of forty thousand pounds, has obtained letters, and therewith has caused the said complainer to make payment thereof within three days next after the charge, under pain of rebellion, and intends to put him to the horn,--most wrongly, considering the said complainer was never of before charged, not yet and stent roll delivered to him and the leters are general, nit specified how muckle he is added into; the said charge upon three days being so short that it is impossible to him to show within that space his obedience. Attoure, if the said complainer is anywise by added in the said taxation, the same is only as sheriff of the sheriff dome of Tarbet; quhilk has never been in use paying any taxation or contribution in any Kings time of before; you scarcely will pay their own few males, --the said hole lands, at the least for the most part, never being stentit nor retourit , you the most part of the same bruikit but seeing or evident; and the farthest the said complainer can be addettit into is bought only to do his diligence. Quhilk he has done already; viz., upon letters impetrate by him of his Highness and the said Lords of Sevret council, he has caused charge the freeholders, under the pain of rebellion, to make payment, like as also he would have caused poind their readiest goods and gear for the same,--quhilk they would not suffer, as the executions thereof showing to his Highness and his Secret Council bears, and, as to the denunciation of them to the horn, the said complainer has differed the some unto time he knew his Highness and Lordships minds thereinto, in respect of the great inconvenience and impunity of all crimes that may follow in case such persons pass to the horn. Quhilk nevertheless, in case his Highness and the said Lords think expedient, he shall cause be execute with all diligence; and further he can not be astrictit of law nor equity.” On these grounds he prays suspension of the letters of horning against him.--the three captains having been summoned, and “th said colonek, earl of Argylr, comprehend personally, and the said Captains James Bruce and William Scrymgeour comprehend also personally for themselves and all in the name of the said Captain David Crichton ,” the decision is;--Orders the said Colonel, Earl of Argyle, to make payment of the sums wherewith he is charged for the taxation of the said sheriff dome of Tarbet betwixt the date hereof and the twenty day of April next to come, or else to report letters dewlie execute and indorsed upon the barrons, freeholders and others, added in payment thereof for his relief upon the same day, to the effect further order may be taken here anent as appertains ; and in the meantime suspends, as before, the foresaid letters purchased by the said captains against the Earl.”
Commission to intromit with wines for the Kings use.
Notwithstanding the charge directed to the provost, baillies, and council or the burghs of Edinburgh, Dundee, St. Andrews , and other towns where wines have arrived ordaining them to allow his Majesty’s “samplers” to intromit with so much of the said wines for the use of the King’s household as should b thought necessary for the present year “ the said provosts and baillies of the foresaid burrows has done, nether minds to do, any diligence for causing of his Highness to be furneist of the said wines of this present year; usand vane excuses, or rather refused our commandment in that behalf; quhhairthrow his Majesty is likely to be myslippinnit of wines in their default, if sum other remade be not provided” Therefore, the King with advise of his Council, “gives and grants full power and commission, express bidding and charge, to his well beloved Mungo, Graham of Bathernis, Murray, younger of Tullybardin, James Chisholm of Crumlix his Majesty’s master householders , and Jeremy Bowy, his Highnesses sampler, to pass and make opinion durris of cellars and ships where wines presently are or shall happen to be, and taste, waill, and intromet with sample of the said wines to his Highnesses use as they shall think necessary therefore this present year,”-- payment to be made as ordered by the late Act. Letters are to be directed charging the provosts and baillies of the foresaid burghs and the lieges generally, “to concur fortify, and assist the said commissioners, conjunctly and severally, in the execution of the premises and to do not attempt nothing to their hindrance,” at their utmost peril.
Petition of the community of Dundee that their burgh may exempt from taxes for five years Supplication by provost, baillies, council, and community of Dundee as follows: - It is nature” that their predecessors and themselves “have ever been true and obedient subjects to his highnesses predecessors and himself for defence ot this realm and the said burgh against foreign enemies, and have at all times, in wars and necessities. Opened themselves. Their life’s, lands, and leaving for the defence thereof, to their great wrack and herschip of their burgh, the kirk, tollbooth, stepill, almous house, and other common houses thereof diverse times brint and assin downs by England, and that for the repartitions of the same again at all times they have wodsett thier hole common good, by many sundry taxations made by themselves to the support thereof.
And likewise true it is that lately, in the last troubles, they, for defence of their said burgh against his Majesty’s enemies in the North for the time, have spent and wared their common good and rents that the samin are yet thirlit and not free, and yet nevertheless in the meantime have their tollbooth, almos houses, stepill, and shore, upon their great exhobitant expenses, to their great skaith and hurt, without any support of his Majesty and realm. And now at last their kirk, whereunto they resort and have access for hearing the word of God teached , as so little and unease that they of necessity have begun to build one new work and kirk; and, they and their common good and rent being so far super expended and behind the hand, it is unable to them to perform the samin that they are constrained to mene to his Highness and the said Lords for some support thereto, it being so godly a work, tending to the glory of God and policy of this realm, specially in respect that, notwithstanding of all the premises done them and their predecessors in manner foresaid for defence of the realm and the said burgh, They never were suportive by his Majesty, but only things done upon their own charges and expenses as said is,--albeit his Highness and the said Lords at sundry times have supported and gratify the town of perth, who ar inferior to them in all respects in service done to his Mahesty and predecessors for the defence of the realm and otherwise, in granting them taxation of ten thousand merks for support of their brig, and their hole compositions in their last air to mend their common works” the prayer of the petitioners, accordingly, is that the King and Council will exempt them and their burgh from all taxations and imports for the next five years,--The King, with advise of his Council, acknowledging the good services of the people of Dundee, their heavy past expenditure , and their present necessity, grants the petition so far as to discharge the petitioners “of all payment of any taxations, stentis, and impositions that shall be impute upon them and their said burgh for the space of five years next to come except such taxations as shall be appointed and ordained to be uplifted for sending ambassadors for furthering of his Highness marriage, to the payment of their part whereof they shall be always subject.” Proclamation to this effect is ordered at the market cross of Dundee and elsewhere as needed
On this day the King, rather against the will of Gowrie and the other Lords of the Ruthven raid, who had controlle him for the last nine months, left Edinburgh “to take a progress,” going first to Linlithgow. According to Calderwood (iii 713), the Earls of Mar, Angus, Bothwell, and Marischal accompanied him; and the next few entries are minutes of the proceedings of those of the Council who were left in Edinburgh, in his absence
Complaint of Margaret Erskine, Lady Ruthven, as follows: -
The King and council know that Adam Crichton, heir apparent of Ruthven, “having without all fear or reverence of his Majesty, not only interprets of besiege houses, raise fire, and ravishes women, but also, accompanying himself with sundry wicked persons bodin in fear of weir, searched and sought divers his good subjects, chased them for their slaughters , break up their houses, reft, spuilyeit, and took away their money, evident, writes goods and gear,” had been, for non-appearance before the justice to underlie the law for those crimes, denounced rebel and out to the horn. As even after that he continued in “his wounded oppressions and tyranny,” it had please his Majesty to grant commission to certain persons to search seek, and take the said Adam wherever he may be apprehended, and to have transported and presented him to the captain, constable and peepers of the Castle in Dumbarton, there to have remained in sure firmance upon his own expenses while justice was ministered upon him.” commission, after great diligence and search, “at last he was taken, and kept in the house of Ruthven while opportunity might serve
For his more sure transporting to the said castle, and his Highness, being earnest to see the said commission put in execution upon the said rebel, being so notable and offender, directed letters charging the provost and baillies of Dundee to have directed certain hagbuttars of the same burgh, with the Captain David Crichton, appointed for the better convoy of the said rebel to the said Castle2. But meanwhile, on the 13th of March 1581, the said captain being then in Dundee for the purpose, “John Lindsay, brother to David, Earl of Crawford, Mr Archibald Cumming, James Beaton of Melgund , younger, Walter Scott of Quhitslaid, Gilbert Auchterlony, Thomas Bell in Leitsie, War Scott of Quhitpeill , Cristell Crichton, Henry Lauder, John Caruthers , brother of George Caruthers of Holmendis, servants and dependants to the said Earl, and diverse others his friends and dependants, to the number of fifty persons thereby ,boding and weirlyke manner, of Special causing , sending, hounding out, command, reset, assistance, and ratihabitioun, come to the said house of Ruthven’s, wherein the said Adam, rebel, was kept for the time, and there in most treasonable manner rasit fire, brint up the ysttis, schott, hurt, and wounded deadly Patrick Crichton, George Crichton, brother, and sundry gentlemen and others being in the said house in peril of their lifes, and masterfully reft and took the said Adam Crichton away, and transported him to the town of Dunkeld, where the said Earl remained for the time, in proud and manifest contemption of our Sovereign Lord, his authority and laws.” on complaint of this to the King and Council ,other letters had been directed charging the Earl of Crawford to appear and answer, presenting and exhibiting his said servants and dependers and also the chief culprit an rebel; “at the calling whereof the said Earl promiittit to the Kings majesty that he should keep the said Adam in his company, and take such order with him as the said complainer and his tenants should be harmless and scathles of him thereafter; upon the quick promise forder execution of the said letters were stayed. Nevertheless , on the 10th May instant, “the said Adam Crichton accompanied with xii persons, hornaris, or thereby, bodin in fear of weir, come to the Bridgetown of Ruthven’s, and reft and violently took from the poor men, her tenants and servants, twenty horse and meiris, xxx ky and oxen, with all the rest of their movable goods, and has sitting down in their houses, remains therein, and has ejected and output the poor men furth of the salmon, Quhairthrow they are wrecked and made altogether unable to labour or occupy their lands”.--Charge having been given to the said David Earl of Crawford, again to appear and present the foresaid culprit under pain of rebellion, and “the said Margaret Erskine, Lady Ruthven, comprehend personally, and the said David Earl Crawford being off times called and not compeered, nor yet the said Adam Crichton being present and exhibit by him conform to the said charge,” the Lords order the Earl to be denounced and put to the horn,
Sederunt--Rege Presente---Colinu, Comes Ergadie; Robert, Comes de March; David, Comes De Crawford, Jacob, Comes de Glencairn; John, Comes de Montrose; Andrew, Comes de Rothes; William, comes de Gowrie; Jacob, Dominus de Down; Comendatarius de Dunfermline; Comendatarius de Newbottill ; Clerk Registrar; Prior de Blantire; Prepositus de Dundee; Clerks Justiciarie.
King’s declaration of the truth and loyalty of the late Duke of Lennox, sith prohibition of all speeches or pasquils in his defimation
“Forsamekle as the King’s majesty is credible informed and assuredly persuaded of the good and pleasant death of the Lord uncle? His Highness dearest cousen, Esme, Duke of Lennox, Earl of Dernly, Dalkeith, and Aubigny in the confession of the true and Christian religion professed by himself by the laws of the realm the first year of his reign, he also avowing himself unto the last hour of his mortal life a most humble and obedient subject to our Sovereign Lord and his authority, notwithstanding the calumpys and untrue narration made and divulged, aswell by speeches as by famous libels both in write and print, in prose and rhyme, to the contraire, very offensive to his Highness mind and ears, and most prejudicial to the honour, good fame, and reputation of his said uncle? dearest cousin in his lifetime: Therefore his Majesty, with the advise of the Lords of Secret Council, that none pretend ignorance of the same, and to command and charge all and sundry his Highness lieges, that none of them take upon hand to speak, write, declaim, and set out, in books, ballets, casuals, or cartells, in write or print, in prose or rhyme privately or openly in any public place, and slanderous speech, reproach or calumny against the honour, good fame and reputation of the said uncle the Duke of Lennox, his profession of true religion, and loyaly toward our Sovereign Lord and his estate. And, give any of his Highness’s subjects has any of the said books, ballets, cartells, rhymes, of famous libels in their hands, that they present yje same to the Kings Majesty, or utterly destroy and suppress them presently with all possible diligence after publication hereof probably may come to their knowledge, and in time coming how sone they see the same, under the pain of deed: Certifing all and whatsoever persons in whose hands any of the said books, ballets, cartells, casuals, rhymes or famous libels, shall happen to be found that they shall be repute, estimate, called, persued as the authorities thereof, and puniest thereof with all rigour in example of others.
And this his Highness declaration of the sincere truth and state of the said materials, as they have been and is indeed the King’s Majesty, with advise of the Lords of Secret Council, has thought most expedient to publish and divulgate, for confirming of the truth and effect of his Highnesses declaration made by him in the parish kirk of Perth, and after notified by open proclamation at the market cross of the head burrows of the schryis of this realm, for defence and justification of the truth, honour, good fame, and reputation of the said uncle Duke of Lennox, quhilk has verily kythit indeed at his letter end and departing from this life to Gods mercy; leaving it always to the judgment and censure of all Godly honourable, and reasonable persons upon what sincere grounds and to what good and honest effects the authorities of such untruths and calumpnys ha so impudently and maliciously spoken and divulgat the same
The sum of 2,000 merks advanced by the Burghs for the expenses of Lord Seton’s embassy to France.
George, Lord Seton having been nominated his Majesty’s ambassador to France (ante, p 604) “for whose transporting and hasty dispatch and expedition the commissioners of the burrows of Perth, Dundee, and Aberdeen for themselves and in the name of the remnant burrows of this realm, are content and has promoted to deburse , at his Majesty’s earnest desire and request, the sum of two thousand merks for finessing of one ship with her mariners and equipage “ on the condition “that the said sum shall be allowed and defalcate to the said burrows in the first taxation that hereafter shall be imposed and appointed to be uplifted of them,” the King with advice of his Council, ordains that the said sum of 2,000 merks shall be so allowed to the burghs in the first payment of the next taxation.
Mr John Davidson thought their clerical brethren, Mr David Lindsay and Mr Andrew Hay, imprudent in acting as two of the commissioners for the Court in such a matter.
“The Quhilk day Master David Lindsay produced one testimonial of the town of Ratchell, and likewise one testimonial of the skippers of the ship quhiarintill the Laird of Lochleven was transported to the parts beyond sea and landed in Rotchell, and one instrument tane in the common clerks hand of Dundee of his embarking in the said ship; after production whereof the King’s Majesty and Lords of Secret Council ordered the of the Register to retain them in his custody and keeping while he should receive further directions of his Majesty and the said Lords of Secret Council”
Act 1585-87 Removal of the cunyiehouse to Dundee
In consequence of the Plague in Edinburgh, order to “the general and master of his Highness cunyiehouse to transport the same, and all officers furniture, work looms, and necessaries belonged thereto, from the burgh of Edinburgh to the town of Dundee, with all diligence, and there to enter and continue in cunyeing and working of gold and silver, and allayed money, according to the acts and warrants past there anent of before, altered the circumspection of the allayed pennies OPPIDUM DUNDEE for EDINBURGH, and eikand one rig within the letters, as they have already out with the same, whatever it shall happen the said money to be wrocht, and they cause prepair all necessary houses for working, straking and transporting of the officers and servants of the said house upon his Majesty’s expenses.” - the officers of the cunyiehouse to be “well used and entertained.” in Dundee, and to enjoy all their privileges there, just as Edinburgh.
For the Act of this Convention in full, entitled “band anent the true Religion,” see the Acts of Parliament, vol iii pp. 423,424, --it begons “we the Nobility and Estates presently convened, understanding the course of the present proceedings in foreign parts and that divers princes potentates, terming themselves Catholics, have joined themselves under the popes authority in the most unchristian confederacy against the true Religion.” It proceeds to assert the necessity of a contrary league among Protistant Powers, especially of a firm union between the two crowns of England and Scotland; it declares this last necessity to be too urgent to be “deffered to a more solemn conventions of the hole Estates in Parliament”; it expresses the nations trust in “the singular league offensive and defensive with Queen of England, and to nominate Commissioners to settle the specific articles with the English Queen’s Commissioners promising on oath that those signing the present Band will ratify such articles by their consents in the Parliament, “without question or contradiction whatsoever,” and will maintain them with their lives and estates. The Act concludes:- “It witness whereof, in present of his Highness, we have subscribed their presents with our hands at St.Andrews the last day of July,” etc. The signatures are forty-two in number. That of “Arrane” comes first; there follows names of all the nobles, bishops, abbots, and others recorded as present in the Sederunt of the convention; but besides Arran, there are six additional signers not in the Sederunt, viz
The Master of Gray, the Commander of Dir, the lairds of Lundy, Braid, and Dun, and William Duncan, one of the commissioners of Dundee, Both in England and in Scotland. News of it had just reached St. Andrews, where the effect on James was such that he “shed tears like a newly beaten child” in the English ambassador’s presence, “cast himself upon his bed, and tumbling upon it, said that it had not grieved his so much if ten thousand men had entered in the country and spoiled it to Edinburgh” (Letter of Wotton’s to the English Secretary Walshingham, of date St. Andrews, July 29, given in abstract in English Calendar of Scottish State Papers, I. 502; with passage in Calderwood, iv.379) The reason of James’s great discomposure was that the accident had come just when all the arrangements for the League with England had been completed, and he had written to Elizabeth to express his delights in that fact, thank her for the pension of £5000 a year she had promised him, and beg the continuance of her favour. What aggravated the misfortune most was that the English ambassador Wotton had at once treated the affray and Lord Russell’s death as no more accident, but a deliberate contrivance of the Laird of Fernihirst at the instigation of James’s chief minister, Arran. In his first agony over this suspicion, James offered to send both Arran and Fernihirst into England to be tried (Wotton’s Letters as above)