[1527/8]*[print] [email] [cite] [preceding] [following]
Regarding the summons raised at the instance of John Stirling, sometime of the Keir, knight, against Master Adam Otterburn of Auldhame [and Reidhall], advocate to our sovereign lord, and against George Douglas, brother german to a noble and mighty lord Archibald [Douglas], earl of Angus, [Sir] James Hamilton of Finnart, knight, William Menteith of the West Kerse, alleged donataries to our said sovereign lord in that part, of all and sundry lands, rents and goods, movable and immovable, of the said John Stirling by reason of the doom of forfeiture given against the said John and each one of them for their interest, and also against all others having or trusting to have interest in that matter, to hear and see the said pretended doom and process of forfeiture given against the said John in the parliament held at Edinburgh on 19 November 1526, finding and discerning the said John Stirling to have committed and incurred the crime of lese-majesty in diverse points and articles contained in the said doom of forfeiture. That is to say, for the treasonable art and part of making open proclamations for the convocation and convention of our sovereign lord's lieges, to have taken our sovereign lord's person, usurping our sovereign lord's royal authority, and for the treasonable art and part of convocation of our sovereign lord's lieges at his burgh of Stirling by his labours, counsel, assistance and evil ingenuity, moving the people to sedition and division against the common welfare of the realm, and for the treasonable art and part of the raising and leading of a host and army, entering into battle and fighting at the burgh of Linlithgow, our said sovereign lord being present in his proper person and his banner displayed, and coming against his grace, and his true lords and barons being with him†by command of his letters for the dissention of his most noble person, whereby† slaughters and diverse evil arose in great harm to this realm and the common welfare thereof; declaring, therefore, the said John to have his life and all and sundry his heritage, annualrents, gifts, possessions, wards, marriage and superiorities, offices, lands and all his goods, movable and immovable, to our sovereign lord's use and utility, his successors and assignees, to be perpetually applied anddisposed at his will, as is contained at more length herewith in the said doom of forfeiture, with all that followed thereupon, to be made void, annulled, retreated, discerned and declared to be of no strength, force nor effect from the beginning and in time to come, and also to hear and see the said John Stirling declared by our said sovereign lord, with the advice and counsel of the three estates of his realm, to be restored to the faith and peace of his highness and to all and sundry his lands, annualrents, possessions, wards, marriage, dominions, office, superiorities, rights, actions, fame, honour and dignities, goods, movable and immovable, and all other things in the same state and place that he was in before the giving of the said doom of forfeiture against him and such as if the same had not been given for diverse reasons and causes. In the first, because the said pretended doom and process was led and given†on the said 19 November 1526 against the said John Stirling, he being summoned by Archibald Hogg and John Gourlay, messengers, at his dwelling place of the Keir and at the market cross of Stirling by open proclamation before many persons and reputable witnesses to compear on 20 November 1526, as the copy of the summons given to him thereupon purports, and the said doom of forfeiture was given against the said John on the said 19 November 1526, as the same bears in itself, whereby the said doom and process was and is null, given against him before the day and term to which he was summoned, and for diverse other causes likewise at more length is contained in the said summons. Our sovereign lord, compearing in parliament by Master Adam Otterburn, his foresaid advocate, the said George Douglas, James Hamilton of Finnart and William Menteith of West Kerse being personally present, and all others having or trusting to have interest in the said matter being lawfully summoned by open proclamation to the same, often called and not compearing, the rights, reasons and allegations for our sovereign lord and parties present being alleged and shown, the foresaid summons and points thereof were put to the judgement and deliberation of† the said three estates of parliament, and they therewith being at length fully advised, all in one voice without variance, gave their sentence and decreet of parliament, rescinding and revoking the said doom of forfeiture given against the said John Stirling at Edinburgh on 19 November 1526, and rescind, revoke, reduce, make void, annul and declare the same,† with all that followed thereupon, to have been and be from the beginning of no value, force or effect in time to come; and find and declare that the said pretended doom of forfeiture was unjustly and wrongfully led against the said John Stirling, because† the same was led and given against him on the said 19 November 1526, he being summoned to the 20th day next thereafter of the same month to answer to the pretended summons led against him in the said matter, as was clearly proved in the presence of the king's grace and three estates foresaid, and given against the said John Stirling by all order and process of law regarding not summoning, and before the time contained in the citation, and proceeded and gave doom thereupon on the said 19 November 1526 before 2 o'clock in the afternoon, and albeit etc., as was similarly understood to the king's grace and estates foresaid, and therefore restore, reinstate and reintegrate the said John Stirling to his honour and to all and sundry his lands, annualrents, possessions, wards, marriages, dominions, offices, superiorities, fame and dignities, goods, movable and immovable, and to all other things suchlike and in as ample manner as he was before the said pretended doom of forfeiture, and that letters of declaration and publication be given thereupon in the best and largest form as is appropriate.