Bannatyne Club > Criminal trials in Scotland, from A.D. M.CCCC.LXXXVIII to A.D. M.DC.XXIV, embracing the entire reigns of James IV. and V., Mary Queen of Scots and James VI > Volume 3

APPENDIX. 585
tbere acknowledged. Wee likewife fende yow the perfon of the man, to be cenCured by yow, willing
yow fiille to examine him, and tiiereafter aduefe of the forme of puniiiiment wliiche yee fall tliinke
fitte to be inflicted vpon him. For, althongh by the Lawes of this o\ir kingdonie, it be not permitted for
to vfe extraordinarie punilhementes, yat hath it euer bene lawfulle for the Kinc;es there, to deuefe and
iiiflicte punilhmentes, according to the qualitie and natures of the offence, which in this particulare can
be no leffe then Treafon [!] For if no man make queftion bnt that the writing of an inuectiue' againlf e
THE King and bis progenie is Treafon, in the liigbetl degree, and in our opinion it is a grevous faulte,
(and WEE could moreealilie forgiue the writeing againlle our felfe,) then- againfle the wholle Nation
frome whence wee ar fprunge. And if it wer a mater capitall in Germanie for Starcoius-" (being
a German, a mere flranger to Scotland, and one who, perchance, had bene hardlie vfed by Ibme par-
ticulare perfon there) to baue written againil that wholle Kingdonie, how much more mulle it be
capitall to this fellow, who, being Scottes borne, hath fo villanoullie, filtiiilie, yea, and falflie, defamed
his owne contrie, by writing in fuch forte againfle bis contriemcn, the fpecialler of our feruantes, [and
perfuaded a courfe to be taken againfl them, which pofTiblie could not be performed, without manifeft
danger and manifetl violence againlt our felfte,''] and fo much the more is liis offence greeuous, as
that, by the fpace of two monethes before, he continuallie vaunted that lie wolde do fuch a feate. It
is therefor our pleafour, tliat yee aduife vpon bis puniiiiment, and hauing refolued, that yee aduertife
vs with all expedition. So fare yee well.
II. Letter, the Privy Council of Scotland to the King. Jul. 30, 1616. fidtr AiS. t?
Most sacred souerane, v^r' ■?,»%«•
We reflaued youre Maiesteis Letter, with the infamous Libell writtin be that wretched and
vnbappie fellow Rosse, and we imparted the fame to youre Maiesteis Counsell ; who, with all
dew reuerence and moft humble thankis, doe acknowledge youre Maiesteis fingulair cair and pru-
dent directioun, alfweill in tliis, as in all otheris tliingis importing the credite and reputatioun of this
youre Maiesteis Kingdonie ; and thay half writtin thair awne thankis to The Vice Clianccllahe of
Oxfoorde, for his wyfe and kynd refolutioun and proceidingis, in that mater.
We baif aduifed with the Libell, and with the Lawis and Conllitutionis of this Kingdonie, maid
aganis the writtaris and fettaris oute of fuche infamous Libellis ; and we find the fame to be capitall,
and pvneifhable in the heighell degree. This fellow is not as yitt come heir; and becaus of the
approitcheing vacance,* and dillblueing of the Counsell, we baif gevin directioun to The Magis-
tkatis of Edinburgh, howfoone lie fall aryve, to committ him cloife prifounair in thair Irne-Houl'c^
and to lay him in irnis ; and vpoun thair aduerteifment, we fall couveene and examine him ; and
accordinglie, we fall gif directioun for his tryall and convictioun, and fall fuperceid the pronunceing of
Doome, till we vnderftand youre Maiesteis forder pleafour, anent the forme of his pvnilhement.
Oure opinioun is that he falbe Hanged at the MercaU-Croce of Edinburglie, and his heade affixt on
ane oi the Portis. But in this we fubmitt oure feltKs to your Maiesteis duectioun; quhairunto we
fall conforme our felffis. And fo, praying God to bliffe your Maiestie with a lang and happie
reignne, we refl
Your Maielleis moft humble and obedyent fubiectis and feruitouris,
Al. Cancell*. Binning. S. W. Oliphant.
Halyrudhous, penult July, 1616.
To the King his mofl facredand excellent Maiestie, &c.
' The original words had been ' such an execrable inuectiue.' - On the margin, ' that one should write against
his own countrie.' = See the Introduction to Ross's Trial, III., p. Wj, &c. ' The words within brackets
are added on the margin. ' ' ^■acance ;' vacation. "' Their strong iron room, or ' cage,' as it was afterwards
called, in which desperate criminals were confined previous to their execution.