|
| The Earl of Bothwell and Lady Jane Gordon. |
| 1567, April 26 to May 3. | "The proces led and deducit
befoir the richt honorabill Maisteris Robert Maitland, Deacone
of Abirdene, Eduard Henrisone, doctor in the lawis, tua
of the Senatouris of oure Soverain's Colleige of Justice,
Clement Litill and Alexander Sym advocattis, commissaris
of the Commissarye of Edinbrughe, conjunctly and severalye
constitute thairto be oure sayd soverain's commissione, in
the action and caus following, intentit and perseuit befoir
thayme be ane right nobill and potent Lady Jehane Gordoun,
dochter of umquhuil ane nobill and potent Lorde George,
Erle of Huntlye, spous to ane richt nobill and michty Lorde
James, Erle Boithuill, Lorde Hailis, Crechtoun and Liddisdaill, Greit Admirall of Scotland; of the quhilk proces and
deductione thairof the tennoure followis, quhilk was begune
the 29 of Aprill, 1567 yeiris." |
| (1) The "libellit precept" pursued by the said Lady
against the said Lord. |
| Master Robert Maitland to James Sincler and —
adjointly and severally constituted executors hereof; forasmuch as it has been shewn by Lady Jane Gordoun that
whereas Earl Bothuill and she by mutual consent contracted
and solemnized marriage in face of the Kirk in February,
1565, and thereafter remained in mutual society as persons
lawfully married by the space of divers months next following,
notwithstanding the same lord after the solemnization thereof
joined his body in adultery with Besse Crawfurde, then servant
to the said Lady, in May and June, 1566, at the least in one
of the said months, divers times within the Abbey of
Hadingtoun, therefore the said lord ought to be separated,
cut off and divorced from the said lady and she decreed to
be free to marry in the Lord where she please and the said
lord decreed to restore to her the "tocher gude" given to
him with her and she to "brink" all "conjunctfeiis" and
the donations given to her in contemplation of the said
marriage, charges them to summon the said Earl to appear
before him or his colleagues at Edinburgh the 29th April
inst. to answer the said lady, his spouse; further they are
to summon Thomas Craigwallis the elder, Thomas Craigwallis
the younger, Patrick Wilsone and John Robesoun to appear
as witnesses under pain of twenty shillings each person.
Given under the signet of office of the said commissary,
Edinburgh, 26 April, 1567. |
| (2) The executions of the said precept. |
| Declaration by James Sincler that on 28 April, 1567, he
lawfully summoned James, Earl Bothuill to appear the day
and place above named and delivered to him an authentic
copy of the foregoing precept in the presence of Mr. Thomas
Hepburne, parson of Aldhaustokis and William Newtoun
of that ilk; and that on 29 April be summoned the witnesses
named above. |
| (3) The first act. |
| At Edinburgh, 29 April, 1567, before Master Edward
Henrisone, one of the commissaries of the commissary of
Edinburgh, appeared Master Henry Kynros, proctor, on
behalf of Lady Jane Gordoun and produced the "libellit
precept" aforesaid and a procuratory in her name appointing
him her proctor. And Master Edmond Hay produced Earl
Boithuill's procuratory to him wherein he was constituted
proctor to defend the action of divorce intended against the
said Earl, and the "libellit precept" being read to him,
he desired Kynross's oath de calumnia, if he had just cause
to pursue the said precept. And he being sworn by his great
oath said he had just cause and therefore desired Master
Edmond to answer further to the precept, who denied the
same. And Master Henry was assigned 30 April inst. of his
own desire to press the said "libellit precept" pro prima. |
| (4) The procuratory produced for the part of the said
lady. |
| Dame Jane Gordoun to Master Henry Kynros and —
constituting them her proctors, actors, factors and special
'erand' bearers to appear before the Commissaries of Edinburgh
within the Tolbooth or consistory place of that burgh the
penult day of April and in her name to pursue or defend
any actions to be pursued against her and specially in a
cause of divorce intended against James, Earl Boithuill.
Edinburgh, 20 March, 1566. Witnesses: Adam Gordoun her
brother; Patrick Quhitlaw of that ilk; Master George
Hacket; Master Alexander Leslie. |
| (5) The procuratory produced for the part of the said
lord. |
| James, Earl Boithuill to Master Edmund Hay appointing
him his proctor to defend him in the action of divorce intended
against him by Dame Jane Gordoun his spouse. Dunbar,
28 April, 1567. Witnesses: George, Earl of Huntlie; William
Newtoun of that ilk; Sir James Cokburne of Scraling. |
| (6) The second act. |
| At Edinburgh the last day of April, 1567, before Master
Edward Henrisone, Master Henry Kynros appeared and
produced a precept duly executed upon Patrick Wilsone
in Hadingtoun, Thomas Craigiswallis the elder, George
Dalgleis, John Robesone in the Cannongate, Thomas Craigiswallis the younger in Leith and Pareis Sempill as witnesses.
And they all appeared and were sworn and purged of all
partial counsel in the presence of Master Edward Hay opposing
nothing in their contrary. And the first of May is assigned
to Master Henry aforesaid to prove his "libellit precept"
pro secunda and to bring further diligence upon William
Scot, writer, the said day. |
| (7) The third act. |
| At Edinburgh the first day of May, 1567, before Master
Robert Maitland, Master Henry Kynros appeared and produced
a precept duly executed upon William Scot, writer and Alexr.
Gordoun as witnesses. The said William Scot only appeared
and was sworn. The said Master Henry renouncing all further
manner of probation desired the Commissary to assign to him
in the presence of the said Master Edmond a competent term
to pronounce sentence and decree in the cause. To whom
the Commissary aforesaid assigned Saturday next to come,
videlicet, the third day of May instant to the effect aforesaid. |
| (8) The decree. |
| At Edinburgh 3 May, 1567, in presence of Master Robert
Maitland, Dean of Aberdeen, Edward Henrisone, two of the
Senators of the College of Justice, Clement Litill and
Alexander Syme, advocates, commissaries of the Commissary
of Edinburgh, the reasons and allegations of both the parties
being considered together with the depositions of divers
famous witnesses admitted in the cause, the said Commissaries
decree James, Earl Boithuill to be separated, cut off and
divorced simpliciter from the Lady Jane Gordoun and she
to be free to marry in the Lord where she please as freely as
she might have done before the contracting and solemnization
of marriage with the said lord; and the said lord to restore to
her the "tocher gude" given to him with the said lady and
she to "brink all conjunctfeiis" and donations given to her
in contemplation of the said marriage, the said "libellit
precept" being proved sufficiently as was clearly understood
to the said Commissaries. |
| Extracted from the register of the said Commissary by
Michael Marjoribankis clerk.
Signed: Michael Marjoribankis. 6½ pp. (144. 87.) |
| The Earl of Bothwell's Divorce. |
| [1567, April 27 to May 7.] | Proceedings in the cause of
divorce of James, Earl of Bothuill, Lord Halis, Crechtoun
and Leddisdale, High Admiral of Scotland, against the noble
damsel Jane alias Joneta Gordon, his putative wife, as
follow: |
| (1) Commission of John, Archbishop of St. Andrews,
primate of all Scotland, legate and abbot of Paisley (de Pasleto)
to Robert, Bishop of Dunkeld, William, Bishop of Dunblane,
Archibald Craufurde, rector of Eglishame and canon of
Glasgow, Alexander Crechtoun and George Cuke canons
of Dunkeld, and John Manderstoun canon of Dunbar and
prebendary of Beltoun, jointly and severally, to try and
determine according to right and reason the cause of divorce
between the Earl of Bothuill and Jane Gordon, his putative
wife, daughter of George late Earl of Huntlie, Lord Gordone
and Badzenoch, to summon the parties and the witnesses
before them and to take their evidence on oath and to have
produced all necessary documents and proofs. Signed by
the archbishop's secretary and sealed with the archbishop's
great signet, Edinburgh, 27 April, 1567.
A. Forest, Secretary. |
| Note that the original commission is endorsed to the
effect that on 3 May it was presented by Master Thomas
Hepburn, proctor of the Earl of Bothuill to the above commissioners, Masters Archibald Craufurd and John Manderstoun who accepted the charge and the said Thomas thereupon
applied for an instrument from George Cok, notary public,
in the presence of John Hepburn, George Manderstoun,
prebendary of St. Giles, Edinburgh, and Robert Stans living
in Leythwynd. |
| (2) William, Bishop of Dunblane, Master Archibald
Craufurde and Master John Manderstoun to the dean of
Hadingtoun, the vicar or curate of the parish church of
Crechtoun and others. Recites the above commission which
they have received at the hands of Master Thomas Hepburn,
rector of Auldhaustokis and commands them to see that
the said Jane Gordon is summoned to appear personally
before them or any of their colleagues in the parish church
of St. Giles, Edinburgh, on Monday, 5th inst. to answer the
contents of the libel of divorce. They are to summon also
the following witnesses to appear personally on the same
occasion, viz.:—Alexander, Bishop of Quhithorne
(Candidacasa), Sir John Bellenden of Auchnoull, knight,
justice clerk general of Scotland, Master Robert Crechtoun
of Eliot, Queen's advocate, Master David Chalmer, provost
(prepositus) of the collegiate church of Crechtoun, George Gordon
of Baldorny, John, [Bishop] elect of Rosse, Master Michael,
commandator of Melrose, James Culane, captain, David
Kyntor living in Leyth, Masters David Borthuek, Thomas
Kair, Alexander Gordon and David Quhiklaw, jurisconsult.—
Edinburgh, 3 May, 1567. |
| Note that the above citation is endorsed by John Brown,
chaplain, on 6 May, to the effect that he has lawfully
summoned the said Jane Gordon in her dwelling place of
Crechtoun Castle and given her an authentic copy of
the summons in the presence of Sir James Nolletoun,
Master David Turnbull, priest, Patrick Gray and others,
and that the above witnesses have all been personally
apprehended. |
| (3) First judicial act in the cause by Master John Manderstoun, canon of Dunbar and prebendary of Beltoun,
commissary of John, Archbishop of St. Andrews, and his
colleagues, Monday, 5 May, 1567. On this day before the
said Master John Manderstoun sitting for the accustomed
tribunal of these causes before noon in the parish church
of St. Giles, Edinburgh, appeared Master Edmund Hay,
proctor of the Earl of Bothuill, and produced the same Earl's
mandate and exhibited the summons [citatio] of the judges.
Then the same proctor produced on the Earl's behalf the
articled libel against his said putative wife and sought that
it be proceeded with as of right. The said judge thereupon
caused to be publicly summoned the said Jane Gordon and
the witnesses named in the foregoing summons. Wherefore
appeared Master Henry Kinros as proctor of the said Jane
and produced his mandate in due form to defend her. The
plaintiff's libel having been denied by the said Master Henry
Kinros, Master Edmund Hay produced his witnesses in proof
of it, namely, Master Michael Balfour, commendator of
Melrose abbey, Master David Chalmer, chancellor of Rosse,
James Culane, captain, David Kyntor, inhabitants of the town of
Leyth and Master David Quhitlaw, jurisconsult. The oaths
of the witnesses being then taken, the judge assigned the
following day for the publication of the depositions. |
| (4) The Earl of Bothuill's mandate to Master Edmund
Hay to appear against Dame Jane Gordon.—Dunbar, 1 May,
1567. Witnesses: John, Earl of Huntlie; John, Bishop
of Ross; Patrick Quhitlaw of that Ilk; John Hepburne
and others. With note of endorsement that it was produced
and admitted, Monday, 5 May, 1567. |
| (5) The articled libel produced on behalf of the Earl of
Bothuill, Monday, 5 May, 1567, before Robert and William,
Bishops of Dunkeld and Dunblane, Master Archibald
Craufurd, rector of Eglishame, and Master John Manderstoun,
rector of Beltoun, commisaries of the Archbishop of St.
Andrews, propounds:— |
| (1) The said Earl in February, 1565, contracted
marriage de facto but not de jure with Jane Gordon
in the church of Zanit and they co-habited as husband
and wife for several months immediately following. |
| (2) The said Earl and his putative wife are within
the fourth degree of consanguinity, inasmuch as Alexander,
Earl of Huntlie and — Gordone were brother and
sister germane and George, late Earl of Huntlie, chancellor
of Scotland, was their father; which said Alexander,
begat John, late Lord Gordon, who begat George, late
Earl of Huntlie, who died last having begot the said
Jane his daughter, the defendant [libellata]. And —
Gordon, sister germane of Alexander, Earl of Huntlie,
married Patrick, late Earl of Bothuill, to whom she bore
Adam, Earl of Bothuill, his son. Which Adam begat
Patrick, Earl of Bothuill last deceased, who begat James,
Earl of Bothuill, the plaintiff [libellans]. Moreover
— Gordon, sister germane to the said — Gordon,
Countess of Bothuill, married William, Earl Marschall,
commonly called "heir me wele," who begat William,
Earl Solten, Master of Marschall, his son, who begat
the Lady — Keth, who bore the said defendant. And
the said Countess Bothuill, sister germane to the said
Countess of Marschall, married Patrick, late Earl Bothuill,
and bore him Adam, the late Earl, who begat Patrick,
Earl Bothuill, who begat the said plaintiff. |
| (3) The Earl alleges that on account of the premises
the marriage should be declared null and void from the
beginning and contracted contrary to the sacred canons
and that the plaintiff and defendant shall be allowed
to marry hereafter as shall seem good to them. |
| (6) The depositions of witnesses produced, received and
sworn in the same cause. |
| James Culane, captain dwelling in the town of Leith,
deposes to the truth of the first article in the libel; that
the marriage was celebrated in the monastery church of
Holyrood near the royal palace. Deposes also as to the
cohabitation of the parties afterwards. He was present
at the time of the betrothal [sponsalia] and divers times
afterwards. Deposes that the second article is true as to the
degrees of consanguinity and knows because his mother was
sister germane of Alexander, late Earl of Huntlie, great
grandfather of Dame Jane Gordon the defendant. |
| Master Michael Balfour, commendator of Melrose, believes
the first article to be true. He was in the neighbourhood
at the time of the marriage but kept to his house with a
wounded foot or would have been personally present at the
ceremony. Believes the second article to be true as he
had often heard the same affirmed by many trustworthy
persons. |
| David Kyntor residing in the town of Leith of the age of
50 years or thereabouts deposes upon the first article that
he was present at the time of the marriage ceremony and
that it took place in the abbey church of Holyrood near
Edinburgh. Deposes as to the truth of the cohabitation
of the parties afterwards as he saw them many times.
Deposes also as to the truth of the degrees of consanguinity
as stated in the second article, because he has seen Alexander,
late Earl of Huntlie and his descendants so named in the
article and has inspected many writings and evidences of
the Earls of Bothuill. |
| Master David Quhitlaw, jurisconsult and proctor of
Edinburgh, of the age of 50 years or thereabouts, was present
at the marriage in Holyrood church. Deposes as to the cohabitation of the parties and the degrees of consanguinity
between them. |
| Master Alexander Chalmer, chancellor of Rosse, was present
in person at the common nuptials but not in the church at the
time of the marriage ceremony. Affirms the truth of the
cohabitation of the parties as stated in the article and also
believes the degrees of consanguinity are as set out. |
| (7) Dame Jane Gordon's mandate appointing her proctors
Master Henry Kinros and — to appear before Master
Robert Maitland, Dean of Aberdeen, Edward Henderson,
LL.D., Alexander Sym and Clement Litill, commissaries of
Edinburgh, in the tolbooth or consistory place of Edinburgh,
the penultimate day of April next and in her name to pursue
or defend any actions pursued against her and especially
in a cause of divorce against James, Earl of Bothuill for adultery
or any other cause whatsoever.—Edinburgh, 22 March, 1566.
Witnesses: Ad. Gordone; Patrick Quhitlaw of that Ilk;
Master George Halcat; Alexr. Lesly, notary public. Note
of endorsement, "produced Monday, 5 May, 1567." |
| (8) Second judicial act. Tuesday, 6 May, 1567, before
Master John Mandersone in the church aforesaid. Master
Henry Kynros raised generally objections of law and thereupon renounced further defence. |
| (9) Third judicial act. Wednesday, 7 May, the aforesaid
judge sitting in the said church of St. Giles, Edinburgh,
pronounced final sentence. |
| (10) Final sentence by Master John Manderstoun and
his colleagues. They pronounce and declare from the proof
before them that the pretended contracted and solemnized
marriage between the Earl of Bothuill and Dame Jane
Gordon and the mutual cohabitation thereupon following
could not and cannot subsist of law because the aforesaid
persons at the time of the marriage in Feb., 1565 or thereabouts were and are doubly within the fourth degrees of
consanguinity and there was no apostolic dispensation therefor. The marriage is declared null and invalid of law
and entirely contrary to the sacred canons and so is to be
dissolved, invalidated and annulled and it is to be lawful
for the said pretended husband and wife to marry as freely
and lawfully as they could before the said pretended marriage.
Jane Gordon is condemned in the costs of the cause, the
judges reserving to themselves the taxation of the same
hereafter. |
| This sentence put down in writing was judicially pronounced
in the parish church of St. Giles in the burgh of Edinburgh
on May 7, 1567, in the presence of Master Thomas Fermour,
proctor (?) of Edinburgh, James Harlay, writer of the signet,
James . . . called 'captain,' James Nasmyth, George
Manderstoun, captains, J . . . Broun, notary public, Luke
Freirtoun, captain, and others. |
| Written in his own hand by Master George Cok, clerk
of the diocese of St. Andrew's, specially appointed scribe
in the premises. |
| "Memorandum: the bishop of Rois shew me that all
libel is conform to the laws and notoriously known of the
degrees in the process. Mr. John Manderston." |
| Endorsed: "The process of divorce in the papistical
betwix the Earl Bothuill and his wife," and by Cecil:
"Processus divortii inter Co. Bothwell et uxorem suam
coram Arch. St. Andr." 16 pp. Latin, excepting Nos. 4 and
7. Contemporary copy. (144. 77.) |
| The Earl of Bothwell and Lady Jane Gordon. |
| 1567, April 30. | Depositions of witnesses produced for the
part of Lady Jane Gordoun for proving her libel against
James, Earl Boithuill her spouse, examined by the right
honourable Masters Robert Maitland, deacon of Aberdeen,
Edward Henryson, doctor in the laws, two of the senators
of the College of Justice, Clement Litill and Alexander Sym
advocates and commissaries of the Commisssary of Edinburgh,
the last day of April, 1567. |
| Patrick Vilsone dwelling in Hadingtoun, married, of the
age of 36 years, merchant, has served Lord Boithuill and as
yet has got no reward. Has dwelt in Hadingtoun since
the last siege of Leith, was present at the marriage
in the Kirk of Halirudhous before Fastern's eve (fn. 1) was a year
and saw the Bishop of Galloway executor thereof. Being
inquired upon the adultery knows that Lord Boithuill had
carnal company with one called Besse Craufurde and that
he never knew her but since May, 1566; that she dwelt with
old Lady Huntlie before and came with Lady Boithuill
the time she was married. She was a woman of twenty years
of age and is a bonny little woman, black-haired. She was
a 'sowister' and had a black gown upon her and sometimes
a taffaty upon her head; is a pale hued woman and a smith's
daughter, her father called Craufurd. The adultery was done
in the month of May, the year above-written, and was a
month or thereby before the Prince was born, at which time he
saw the said Lord Boithuill and the said Besse Craufurd
together in the abbey of Hadington in a house called
"Saint Pauls's Werk," which is on the last side of the close
without the cloister and that the same is two houses' height,
as he believes, and the place where he saw them together is a
"laith" house and the door thereof stands to the west,
the window to the south and the chimney to the east and that
there is two stand beds therein. This was when he saw them
after supper and knows not whether the same was holiday
or week day, and that he brought the said Bessy there at my
said Lord's command. Deposes as to the committal of the
act of adultery. |
| Thomas Craigvallis dwelling with the Lord of Scraling
in the Castle of Edinburgh and has dwelt there since the
Lord was captain and dwelt before he came in the castle
in Edinburgh one year come Midsummer and before that
time dwelt with my Lord Boithuill in the Abbey of Hadingtoun
and was porter to him there the space of two or three months
together before Midsummer last was and that my Lady
was present with him. Knows that my Lord and Lady were
married, as he heard say, and was not present thereat but
was at the banquet in Kynlouthis on the Sunday before
Fastern's eve was a year. When he was with my Lord in
the Abbey of Hadingtoun he was porter and had a markland of soc of his father in Hailis. |
| Thomas Craigvallis, younger, dwelling in Leith, married,
of the age of thirty years, admiral officer, has dwelt in Leith
these four years past and has had a house with his wife and
bairns. Came to my lord at his marriage which was Fastern's
eve was a year and remained in house all the time of the
banquet and thereafter passed with his lord to Crechtoun
and there remained till he went to the Abbey of Hadingtoun
and was a keeper of his gates and keys and sometime in his
chamber and as he believes remained there the space of six
weeks (ouekis). Knows that my lord had company with
one called Besse Craufurd who was servant to my Lady
Boithuill. She is a bonny woman, black-haired, and the
company which he had with her deposes it was about Whitsunday last past, at the which time deponent at command
of my lord commanded the said Besse to pass to the steeple
of the Abbey of Hadingtoun; who passed there and remained
till my lord came and spake with her. And thereafter my
lord came and passed in the said steeple and the deponent
opened the door and deposes she had on a black gown
and that they remained together the space of a quarter of
an hour. Also deposes that after the aforesaid time, he
saw Patrik Wilsone bring the said Besse within the Abbey
upon a day at three afternoon and put her in a house of Saint
Paule's Werk, which is a 'laith' house vaulted and two beds
therein and a chimney, and another time saw him have her
in after supper to the said house and saw my lord pass in
thereat and the said Patrik locked the doors upon them.
And also deposes that he saw my lord have company with
the said Besse in the place of Crechtoun before the time of
the passing to the Abbey in a midchamber of the kitchen
tower and that he convoyed the said Bessy there and thereafter my lord came up and the deponent remained at the door
till he came forth. |
| John Robesoun dwelling with my Lady Balcleuth, married,
of the age of 26 years, knows the marriage and was present
thereat, which was done in the Abbey of Halyrudhous by
the Bishop of Galloway. Knows nothing of the adultery
but heard common bruit thereof in Crechtoun and Hadingtoun
at the time. |
| Pareis Sempill dwelling with my Lord Sempill, of the
age of 21 years, not married, knows my Lord Boithuill and
has dwelt with him these twelve years. As to the marriage
deposes the same to be of verity. Being enquired upon
the adultery, knows one called Bessy Craufurde and saw
her in the Abbey of Hadingtoun and heard say she is a smith's
daughter; she is a bonny lass black-haired. Has seen my
lord and the said Bessy after Whitsunday last past in the
Abbey of Hadingtoun quietly in a house in the cloister in
the east end thereof, which house is vaulted and two beds
therein and a window which stands to the south. Saw
my lord pass first in and thereafter saw Patrik Wilsone
convoy her to the said house but wots not where from they
came. They remained together half an hour and she came
forth before him and my lord "steikit" the door upon them,
and this in the gloaming after supper. Also he saw them
in another chamber within the cloister quietly, and when
my lord came forth his clothes were loose and Patrik
Wilsoun helped him up therewith. |
| George Dalgleis dwelling in Edinburgh and has dwelt therein
these twelve months past, a tailor and servant to my Lord
Boithuill and has no fee of him, as to the marriage knows
not but by common bruit and "sicklike" nothing of the
adultery but by common bruit and that my lady had put
the said Bessy away for suspicion of my lord that she had
of her. |
| William Scot, notary, unmarried, of the age of thirty-two
years, dwelling in Edinburgh, deposes anent the marriage,
he saw them come forth of the Kirk when they were married,
but saw not the act of marriage. Has seen them use together
as married folks and gives the cause of his knowledge, he
was servant to my lord after the said marriage. Anent
the adultery knows nothing except by report. Knows after
my lord came to the Abbey of Hadingtoun, which was about
May 17 last past, the said Besse Crawfurd got her leave and
departed to her father, who dwelt for the time in the abbey
town.
Extracted forth of the register of the said Commissary
by me Michael Marjoribankis clerk thereto.
Signed: Michael Marjoribankis.
Endorsed by Cecil: Process of divorce betwixt the Earl
Bothwell coram Robert Maytland, Commissary of Edinburgh.
3½ pp. (144. 91.) |
| The Earl of Bothwell's Divorce. |
| 1567, May 3. | Instrument of George Cok, M.A., clerk
of the diocese of St. Andrew's, notary public, certifying
that on 3 May, 1567, Master John Manderstoun, canon of
the collegiate church of Dunbar in the diocese of St. Andrew's
and prebendary of Beltoun in the same diocese, had in his
presence and that of the underwritten witnesses recited the
following facts: that Master Thomas Hepburne, rector
of Auld Haustokkes in the said diocese and servant of James,
Earl of Bothwell, had brought him a commission dated
27 April, 1567, by John, Archbishop of St. Andrews, directed
to him, the said Manderstoun, and others to try a cause of
divorce brought by the said Earl against his putative wife
Dame Jane alias Janet Gordon, and that Hepburne had
endeavoured by various means to force him to put this commission into execution and bring the matter to a definitive
end, using these threatening words, "Be ye sure of it, Master
John Manderstoun, that gif ye wald sunye or refuse to serve
and accept this commission and not to do justice in my
Lord Erle Bothuille's cause of divorce forsaid, thar sall
not faill to be nosses and lugges cuttit and far gretar
displessures attour than salbe don therfor"; that Master
Edmund Hay, the Earl's proctor, had used similar threats,
thus: "And als be ye suir of grete displessur, Master, for
ye nor nane other that heit Manderstoun salbe sufferit
to remane in Scotland gif ye sunye or refusis justice in this
cause;" that the Earl had moreover had Manderstoun
taken from his own house and brought to the Castle of Dunbar,
where in the presence of the Earl, the Captain of the Castle,
some of the Earl's servants and Master Edmund Hay, he
had caused the business of the divorce to be propounded
and explained to him, and had then immediately afterwards
had him taken off to the house of the Lord of Waichtoun
and thence to Edinburgh by certain warders who were lying
in wait about him in order that he should carry out the
commission and bring the matter to an end. On account
of all this and especially from the fear of the Earl,
Manderstoun protests that if he with the concurrence or
assistance of his colleagues proceeds to act in accordance with
this commission, it be imputed not to his conscience and has
sought a public instrument to this effect from the said notary.
Witnesses: John Hepburne, George Manderstoun, prebendary of
St. Giles, Edinburgh, and Robert Stans dwelling in Leythwynd.
Latin. 2 pp. (144. 85.) |
| Wainfleet, Lincolnshire. |
| [1567, May.] | Plan of Wainfleet, Lincolnshire, and district,
showing the new haven and the new bank. Note of proportion
of charge laid on the lord of Dalby. Two places inserted
by Burghley.—Undated.
Vellum. (Maps 2. 48.) |
| Little And Great Burton, co. York, &c. |
| 1567, Dec. 18. | Memorandum as to the Manors of Burton
Super Yoore, called Little Burton, the lordship and township
of Great Burton Super Yoore, in Richmondshire, Yorks, and
the lordship of Ellington and Ellingstring, in the same. The
owners named are Christopher Wyvell, Sir Thomas Gresham,
Sir Christopher Danby, the Marquis of Northampton, and
Lord Dacre of the South.—18 December, 10 Eliz.
1 p. (2125.) |
| The Queen of Scots. |
| [1567, ? Dec.] | "Copy of an Act of Secret Counsell."
The lords of secret council, barons and men of judgment
desire it to be found and declared by the estate and whole
body of the Parliament, that the cause and occasion of the
privy conventions and messages of the earls, lords and noblemen and barons and others faithful and true subjects, and
consequently their taking of arms and coming to the field
with open and displayed banners, and the cause and occasion
of the taking of the Queen's person upon the 15th day of
June last by past, and holding and detaining of the same
within the house and place of Lochlevin continually sensyne
presently and in all times coming, and generally all other
things invented, spoken, written or done by them or any of
them since the tenth day of February last by past (upon which
day umgle[umwhile] King Henry the Queen's lawful husband,
and our sovereign lord the King's dearest father was shamefully
and horribly murdered) unto the day and date hereof, touching
the said Queen her person, that cause and all things depending
thereon or that anywise may appertain thereto, the intromission with the disponing upon her property, casualties
or other thing whatsoever pertaining or might pertain to her,
was in the said Queen's own default, insofar as by divers
her privy letters written and subscribed with her own hand
and sent by her to James Earl Bothwell, chief executor of
the said horrible murder, as well before the committing
thereof as thereafter. And by her ungodly and dishonourable
proceeding in a private marriage with him suddenly and
unprovisedly thereafter, it must . . . [? be] certain that
she was privy art and part and of the actual device and
deed of the forenamed murder of the King her lawful husband
our sovereign lord's father, committed by the said James
Earl Bothwell his complices and partakers, and therefore
justly deserves whatsoever has been "atteintit" or shall
be used toward her for the said cause, which murder although
by many indirect and coloured means she and the said Earl
went about to colour and to hold back the knowledge of the
truth thereof, yet all men in their hearts were fully persuaded
of the authors and devisers of that mischievous and unworthy
fact, awaiting while God should move the hearts of some
to enter in the quarrel of revenging of the same, and in the
meantime a great part of the nobility upon just fear to be
handled and "demanit" [illtreated] in semblable manner
as the King had been of before, perceiving the Queen so
thrall and "bludy affectionat" to the private appetite of
that tyrant, and that she and he had conspired together
such horrible cruelty being therewith garnished with a
company of ungodly and vicious persons ready to accomplish
all their unlawful commandments, of whom he had a sufficient
number continually awaiting upon him for the same effect,
all noble and virtuous men abhorring their train and company,
but chiefly suspecting that they who had so treasonably put
down and destroyed the father, should make the innocent
Prince his only son and the principal and almost only comfort
sent by God to this afflicted nation, to taste of the same
cup, as the many invented purposes to pass where he was,
and where the noblemen in that open confusion privily
"reposit" themselves gave sufficient warning and declaration.
1 p. The beginning and end much mutilated.
[Not printed in the Register of the Privy Council of Scotland.]
(214. 6.) |
| The Training of Arquebusiers. |
| [1567.] | A certain ways and means devised for the easy
training of her Highness' subjects in the service of the
arquebus:— |
| That the Queen by her commission or letters to certain
special persons of knowledge and credit in every shire and
towns corporate declare her study and care for the advancement
of the force and strength of the land, and a desire to revive the
courage of her subjects and to better their days with pleasant
and profitable exercises, too long discontinued. |
| For the better alluring men to that exercise in every township be ordained a fellowship or society of arquebusiers,
with certain commodities, estimations, liberties and immunities thereunto to be granted as followeth:— |
| First that such be called arquebusiers of the Crown and wear
a scutcheon of silver with an arquebus under a crown royal,
and to be promised preferment to standing garrisons as places
fall void.
To be free of the town immediately where they dwell.
To pay no tenths, fifteenths nor subsidies.
To be free from all common charges within the town (watch
and ward, hue and cry, only excepted).
To be free from all manner of general musters.
To have liberty to shoot at certain fowl, with respect of
time and place and without "haileshoote." |
| At the times heretofore usual for the sports of Robin Hood,
Midsummer, Lords and Ladies, so now that fellowship only to
be permitted in those accustomed seasons, on the festal days,
within the precincts of their liberties, to show themselves,
with drum and fife and other music, and none other, and to
make public collection, and what money they gather above
the charges to remain in a common box for the use of the
fellowship. |
| Item that the magistrates of every town corporate once a
year prepare public games of shooting in the arquebus, with
four prizes, the loss to be borne by the town and the gain to
go to the fellowship, and that as well strangers, as of the company, be received to shoot, and that powder, arquebuses,
flasks and touch-boxes be delivered out of the Queen's store
for reasonable prices. |
| That the grant of corporation made sometime to Sir
Christopher Norryce be renewed and the other societies of
arquebusiers to be as members of the same and to receive
rules from them. |
| It is also necessary that somewhat be devised for market
towns not corporate in that behalf, but that must be done
with the consent of the lord of the market-town because
the lords are to be served with their own tenants.
It is convenient that [in] every shire or at least 2 shires
one old soldier be appointed to train men in that exercise.
Like provision may be used to have always ready a number
of trained pikemen out of every town corporate. |
| The use of the bow is according to the statutes still in villages
chiefly to be continued and by some more pleasant means
to draw youth thereunto.—Undated.
2 pp. (185. 159.) |
| [Another copy of this document is noticed in the Dom.
Calendar, 1547–1580, p. 303, which is endorsed by Cecil:—
"1567. Mr. Pellham's devise for harquebusyers." |
| On 20 June, 1569, articles of enquiry founded upon the
suggestions contained in this 'devise' for the increase of
harquebusery were sent from the Council to the commissioners
for musters in the several counties; and the answers from
some counties will be found in the S.P. Domestic in July and
August, 1569: e.g. S.P. Dom., Eliz., Vol. 54, Nos. 16, 18;
Vol. 58, Nos. 1, 2. See also under date 1569, June, infra.] |
| Lord Cobham. |
| [1567 or later.] | Note of amercements against Lord Cobham
with respect to the Cinque Ports contained in the Office
of the Pipe.—10 Eliz. is the last date given. Endorsed by Lord
Cobham.
3½ pp. (145. 172.) |
| Interrogatories for John Appleyard. |
| [1567.] | The Lords would have you answer to these articles
in writing with your own hand. First how and wherefore
you devised the tales that were reported from you to my
L. of Leicester, of certain persons that should solicit you in
the name of my L. of Norfolk's grace, the Earl of Sussex
and others, to stir up matter against my L. of Leicester for
the death of his wife, for departure of the L. Darnley, and
the stay of the Queen's Majesty's marriage, and therein to
disclose the intention of your device from the beginning
to the ending. Secondly to declare plainly what moved
you to use any speeches to cause the death of the Earl of
Leicester's wife to be taken as procured by any person;
and what you think thereof by the sight of the presentment
made by the jury charged by the coroner and now returned
into the King's Bench. To these matters the Lords would
have you answer as plainly in writing at length as you have
already done by speech.—Undated.
In Cecil's hand. Endorsed: 1567. 1 p. (202. 55.) |
| Instructions for replying to Imperial envoy regarding a
proposed marriage between Queen Elizabeth and
a nominee of the Emperor. |
| [? c. 1567.] | Recommends that the matter be fully
considered in the light of the stipulations contained in the
marriage treaty between the late Queen Mary and Philip II.
Draft with corrections in Cecil's hand. 2½ pp. Latin.
Mutilated. (204. 84.) |
| Kelso. |
| [c. 1567?] | Rental of the Abbey of Kelso.
8 pp. (140. 188.) |
| Proclamations of Fines. |
| 1567–8. | Note that the sixteen proclamations of some Final
Concord [lands not specified] were made in Court in the
terms from Easter 9 Eliz. to Hilary 10 Eliz. according to
the Statute.
Latin. Paper file of 2 mems. (222. 24.) |