Judicial proceeding: process of forfeiture

On the which day lyon king at arms, sheriff in that part, compeared and presented a royal summons under the great seal directed to him, concerning the summons of Archibald [Douglas], earl of Angus, George Douglas, his brother german, and Archibald Douglas, uncle of the said earl, in the presence of the said lord our king and the assembled three estates of the realm, the tenor of which summons follows, and is of such a kind:

[Abstracted royal summons:] The king, to lyon king at arms, Islay heralds, Oliver Maxton, John Pardovan, William Shivas, key-keepers, Ormond, Bute, Dingwall, Unicorn, Carrick, pursuivants, Duncan Wright, John Adamson, John Gourlay, John Langlands, Archibald Hodge, John Bisset, Robert Champnay, Alexander Carmaig, messengers, and each of them together or separately, our sheriffs in that part, gives mandate that the earl of Angus, George Douglas and Archibald Douglas be summoned, at the place of their habitation or by public proclamation at the market crosses of Edinburgh, Lanark and Haddington, to compear in the next parliament to be held at Edinburgh, on 4 September 1528, for answering to the king or justiciar for their treasons. Given under the great seal, Edinburgh, 13 June, fifteenth year of the reign.

On 18 July 1528, I, lyon king at arms, one of the sheriffs in that part within written, passed at the command of these our sovereign lord's letters and lawfully and peremptorily summoned, warned and charged Archibald [Douglas], earl of Angus, personally apprehended in the town of Dalkeith, to compear personally before our sovereign lord or his justice in his next parliament to be held at his burgh of Edinburgh in the tolbooth thereof on Friday, 4 September 1528, in the hour of cause, with continuation of days, to answer our said sovereign lord or his justice for the treasonable art and part of disobedience and refusing to fulfil our sovereign lord's command made and devised by the lords of his council and their decreet, by which decreet it was commanded that the said Archibald, earl of Angus should, for the common welfare, quiet of the country and exaltation of our sovereign lord's authority, pass to the north part of the realm beyond the water of Spey within certain days bypast, there to remain enduring our sovereign lord's will under the pain of treason and crime of lese-majesty; and for the treasonable art and part of the convocation of our sovereign lord's lieges within his burgh of Edinburgh, eight days continually before 1 July 1528, labouring and persuading by his letters and with his ingenuity to our sovereign lord's barons and lieges to convene at the burgh of Edinburgh to invade our sovereign lord's person and his lords and lieges who assisted him for the time, which he might have had brought to effect if he had had sufficient barons and lieges for battle; and for the treasonable art and part of the munition of the castle of Tantallon and of our sovereign lord's fortalice of Newark with men, artillery and victuals against his highness and his authority; and for the treasonable art and part of the assistance and maintenance given to John Johnstone of that Ilk, bound in service to the said Archibald, earl of Angus, to harry and burn with companies of thieves and evildoers at diverse times, by day and night, in the month of June last bypast, corns, lands, lordships and houses within the sheriffdoms of Annandale and Nithsdale, that is to say, the lands of Drumcow pertaining to our sovereign lord in property and other diverse buildings, lands and houses within the said sheriffdoms, also slaying his lieges; and for the treasonable art and part of the holding of our sovereign lord's person against his will continually by the space of two years last bypast, and against the decreet of the lords of his parliament, where it was ordained that our sovereign lord's person should be had in keeping by four divided parts in the year in the hands of certain lords as their course come until the month of June last bypast, at which month our sovereign lord put himself to liberty; and for the treasonable exposing of our sovereign lord to battle, he being of tender age, and upon all and sundry other points of treason and crimes of lese-majesty contained in these our sovereign lord's letters of summons after the form, tenor and effect of the same. And this I did before John Adamson, Alexander Carmaig, messengers, John Petty and Thomas Douglas in Musselburgh, with diverse others. And for the more witnessing to this my execution, I have affixed my signet.

And upon 18 July 1528, I, the said lyon king at arms, one of the sheriffs in that part within written, passed at the command of these our sovereign lord's letters of summons and searched and sought George Douglas and Archibald Douglas, and because I could not apprehend them personally, I passed to the market cross of Haddington on the same day, which was the market day thereof, and there, at 11 o'clock before noon or thereby, by open proclamation, peremptorily summoned, warned and charged the said George and Archibald to compear before our sovereign lord or his justice in his parliament to held at his burgh Edinburgh in the tolbooth thereof on Friday, 4 September 1528, in the hour of cause, with continuation of days, to answer to our sovereign lord or his justice in all points and articles contained in these our sovereign lord's letters of summons and after the form, tenor and effect of the same and of the endorsement written above. And this I did before these witnesses, John Adamson, Alexander Carmaig, messengers, and John Pettigrew, Cuthbert Dickson and John Lawtie, burgess of Haddington, with diverse others. And for the more witnessing to this my execution, I have affixed my signet.

On Monday, 20 July 1528, I, the said lyon king at arms, one of the sheriffs in that part within written, passed at the command of these our sovereign lord's letters of summons to the market cross of Edinburgh and there, by open proclamation, peremptorily summoned, warned and charged the said George Douglas and Archibald Douglas to compear personally before our sovereign lord or his justice in his next parliament to be held at his burgh of Edinburgh in the tolbooth thereof, on Friday, 4 September 1528, in the hour of cause, with continuation of days, to answer to our sovereign lord or his justice to all points and articles contained in these our sovereign lord's letters of summons and after the form, tenor and effect of the same. And this I did before these witnesses: Albany herald, Andrew Purves, Master John Adamson, Alexander Carmaig, messengers, Nicholas Cairncross and David Purves, servant of Edinburgh, with diverse others. And for the more witnessing to this my execution, I have affixed my signet.

  1. NAS, PA2/8, I, f.65-67r. See also A1540/12/1. Back
  2. The terms of which are predominantly repeated in the vernacular endorsement of lyon king at arms, below. Back
  3. Detailed as in vernacular below. Back
  4. NAS, PA2/8, I, f.67v. Back
  5. NAS, PA2/8, I, f.67v-69v. Back
  6. The terms of which are predominantly repeated in the vernacular endorsement of lyon king at arms, below. Back
  7. Detailed as in vernacular endorsement below. Back
  8. NAS, PA2/8, I, f.69v. Back

This court of parliament shows for law and I gives for doom that, forasmuch as it is found by the judgement of parliament that Archibald [Douglas], earl of Angus, George Douglas, his brother, and Archibald Douglas, his uncle, have committed and done treason against our sovereign lord in the disobedience and refusing to fulfil our sovereign lord's command made and devised by the lords of council, and in the convocation of our sovereign lord's lieges within the burgh of Edinburgh for eight days continually, and in the munition of the castle of Tantallon and Newark with men and artillery against his highness, with artillery and victuals, and in the assistance and maintenance given to [John Johnstone], laird of Johnstone, to harry and burn with a company of thieves, both by day and night, and in the holding of our sovereign lord's person against his will continually for the space of two years against the decreet of the lords of his parliament, and in exposing his person to battle, he being of tender age, for which causes they have forfeited their lives, lands and goods to remain with our sovereign lord and his successors in time to come. And that I give for doom.

  1. NAS, PA2/8, I, f.65-67r. See also A1540/12/1. Back
  2. The terms of which are predominantly repeated in the vernacular endorsement of lyon king at arms, below. Back
  3. Detailed as in vernacular below. Back
  4. NAS, PA2/8, I, f.67v. Back
  5. NAS, PA2/8, I, f.67v-69v. Back
  6. The terms of which are predominantly repeated in the vernacular endorsement of lyon king at arms, below. Back
  7. Detailed as in vernacular endorsement below. Back
  8. NAS, PA2/8, I, f.69v. Back

On the which day lyon king at arms, sheriff in that part, compeared and presented a royal summons under the great seal directed to him, concerning the summons of Alexander Drummond of Carnock in the presence of the said lord our king and the assembled three estates of the realm, the tenor of which summons follows, and is of such a kind:

[Abstracted royal summons:] The king orders lyon king at arms [and] Islay, heralds, Oliver Maxton, John Pardovan, William Shivas, key-keepers, Ormond, Bute, Dingwall, Unicorn and Carrick, pursuivants, Duncan Wright, John Adamson, messengers, sheriffs in that part, personally to summon Alexander Drummond of Carnock in the presence of witnesses, if his presence may be had, either at his place of habitation, or by public proclamation at the burghs of Stirling and Edinburgh, that he compear in the next parliament on 4 September 1528, at the hour of causes in the tolbooth of Edinburgh to answer for his treasonous assistance to Archibald [Douglas], earl of Angus, and George Douglas, his brother, in their treasons. It is to be intimated that judgement will be given, whether Drummond compears or not, and those who execute the summons are to be present in parliament on the said day carrying testimony of the summons. Under the great seal, Edinburgh, 13 July 1528, in the fifteenth year of the reign.

The tenor of which endorsement is such: On 20 July 1528, I, lyon king at arms, one of the sheriffs in that part, passed at the command of these our sovereign lord's letters of summons and peremptorily summoned, warned and charged Alexander Drummond of Carnock at the market cross of the burgh of Edinburgh, because I could not apprehend him personally, to compear before our sovereign lord or his justice in his next parliament to be held at the burgh of Edinburgh in the tolbooth of the same, on Friday, 4 September 1528, in the hour of cause, with continuation of days, to answer to our sovereign lord or his justice for the treasonable art and part of the giving of counsel, favour and assistance to Archibald [Douglas], earl of Angus and George Douglas, his brother, to invade our sovereign lord's person and the barons that were with him for his defence in the burgh of Stirling in the month of June last bypast; and for art and part of the treasonable revealing of those things which were done within the burgh of Stirling, treasonably advertising and exposing to the said earl and George what number of men our sovereign lord was with and of their strength and power, inciting them to invade his highness, that they might decide whether it was more suitable to fight with him or desist therefrom, and for the treasonable art and of assistance and counsel given to the said earl, George, his brother, and their accomplices in all their treasonable acts. That is to say, the treasonable convocation of our sovereign lord's lieges at the burgh of Edinburgh for eight days continually before 1 July 1528, to invade our sovereign lord's person; and for the treasonable munition of the castle of Tantallon and Newark against our sovereign lord and his authority and the treasonable holding of his person against his will, and of exposing his highness to peril and battle, and of disobeying our sovereign lord and his command, specifically his command that the said earl should pass beyond the water of Spey, and the said George and Archibald should be brought to the castle of Edinburgh and placed in ward, and upon all and sundry points of treason and lese-majesty contained in these our sovereign lord's letters of summons, and after the form, tenor and effect of the same. And this I did before these witnesses: Albany herald, Andrew Purves, Master John Adamson, Alexander Carmaig, messengers, Nicolas Cairncross and David Purves, servant of Edinburgh, with diverse others. And for the more witnessing to this my execution, I have affixed my signet, 21 July 1528.

I, the said lyon king at arms, passed at the command of these our sovereign lord's letters of summons to the market cross of the burgh of Stirling and, by open proclamation, I peremptorily summoned, warned and charged Alexander Drummond of Carnock to compear personally before our sovereign lord or his justice in his parliament to be held at Edinburgh in the tolbooth of the same on Friday, 4 September 1528, in the hour of cause, with continuation of days, to answer to our sovereign lord or his justice to all points and articles contained in these our sovereign lord's letters of summons and after the form, tenor and effect of the same and of the endorsement written above. And this I did before these witnesses: Charles Campbell and John Pardovan, macers, John Pettigrew and Alexander Carmaig, messengers, with others diverse. And for the more witnessing to this my execution, I have affixed my signet.

  1. NAS, PA2/8, I, f.65-67r. See also A1540/12/1. Back
  2. The terms of which are predominantly repeated in the vernacular endorsement of lyon king at arms, below. Back
  3. Detailed as in vernacular below. Back
  4. NAS, PA2/8, I, f.67v. Back
  5. NAS, PA2/8, I, f.67v-69v. Back
  6. The terms of which are predominantly repeated in the vernacular endorsement of lyon king at arms, below. Back
  7. Detailed as in vernacular endorsement below. Back
  8. NAS, PA2/8, I, f.69v. Back

This court of parliament shows for law and I give for doom that, forasmuch as it is found by the judgement of parliament that Alexander Drummond of Carnock has committed and done treason against our sovereign lord in the giving of counsel, favour and assistance to the late Archibald [Douglas], earl of Angus and George Douglas, his brother, to invade our sovereign lord's person and barons that were with him in the burgh of Stirling, and in the revealing of the things done by the lords of council in the said burgh, exposing and advertising them to the said earl and George, and in the assistance given to them in all and sundry their treasonable acts, that is to say the munition of the castle of Tantallon, exposing our sovereign lord's person to battle and the holding of his highness against his will, for which causes he has forfeited his life, lands and goods, and to remain with our sovereign lord and his successors in time to come. And that I give for doom.

  1. NAS, PA2/8, I, f.65-67r. See also A1540/12/1. Back
  2. The terms of which are predominantly repeated in the vernacular endorsement of lyon king at arms, below. Back
  3. Detailed as in vernacular below. Back
  4. NAS, PA2/8, I, f.67v. Back
  5. NAS, PA2/8, I, f.67v-69v. Back
  6. The terms of which are predominantly repeated in the vernacular endorsement of lyon king at arms, below. Back
  7. Detailed as in vernacular endorsement below. Back
  8. NAS, PA2/8, I, f.69v. Back