Judicial proceedings: forfeitures for the crime of treason (abstracts)
Forfeiture of James Douglas of Parkhead

[Abstract:] William Strathearn and Alexander Cunningham, sheriffs, compeared and presented a royal summons under the great seal directed to them concerning the summons of James Douglas of Parkhead before the king and three estates in the present parliament, of which the tenor follows:

[Abstract:] James, etc., king of Scots, to lyon king at arms, Albany, Ross and Rothesay, heralds, James Johnston, John Pardovan, Robert Black, Thomas Hamilton, key keepers, Ormond, Bute, Dingwall, Unicorn and Carrick, pursuivants, Archibald Hogg, John Gourlay, William Strathearn and Alexander Cunningham, messengers, sheriffs in that part. Gives mandate that they summon James Douglas of Parkhead, personally or by public proclamation at the market crosses of Edinburgh and Lanark, that he compear in the next parliament in Edinburgh tolbooth on 4 December, at the hour of causes, with continuation, for answering the king or justiciar regarding his treasonous conspiracy in the king's murder with Archibald [Douglas], formerly earl of Angus, George Douglas, his brother, and Archibald Douglas, formerly of Kilspindie, rebels by declaration of forfeiture, within Tantallon fortalice, after a convention between James and the late Archibald Douglas with the late Sir James Douglas of Finnart, had at the chapel of St Leonard near Edinburgh, after which convention the said James treated with Archibald and George concerning the way in which to carry out this terrible murder, and concerning which conspiracy the said late Sir James Hamilton of Finnart was afterwards convicted and underwent a sentence of death. And also for James's treasonable counsel, aid, etc., displayed to the rebels, and committed with them in England, tending to the destruction of the king and lieges, and for many other actions and crimes of lese-majesty. And on this day James is to undergo judgement and hear himself to have incurred the crime of lese-majesty judged by the three estates, and therefore all his goods, lands and other property to be confiscated to the king, and his person to undergo the judgment of treason and the ultimate judgement available under law. And judgement will be given regardless of whether James attends. And the present letters are to be brought on the said day, duly executed and endorsed with witnesses, committing full power thereto. Under the great seal, at Glamis, 22 September [1540], 28th year of the reign.

[Abstract:] After which summons was read, the sheriffs proved in parliament that the summons was duly executed by their endorsements and certain witnesses, produced there by these sheriffs, namely Rothesay herald, George Good, John Mowat, Thomas Burnton and James Chancellor, of which the tenor follows.

On 24 September 1540, I, William Strathearn, messenger, one of the sheriffs in that part within constituted, passed at the command of these our sovereign lord's letters of summons and summoned, warned and charged James Douglas of Parkhead, by open proclamation at the market cross of Edinburgh, to compear before our sovereign lord's justice in his highness's parliament to be held day and place within written, with continuation of days, to answer to his grace and his said justice in his name, to all points of treason and articles contained in these his highness's letters of summons and after the form, tenor and effect of the same. This I did before these witnesses: Rothesay herald, George Good, James Bannatyne, Nicholas Cairncross and George Leith, with diverse others. And for the more witnessing to this my execution, my signet is affixed, 4 October 1540.

I, Alexander Cunningham, messenger, one of the sheriffs in that part within specified, passed at the command of this summons to the market cross of Lanark, and there, by open proclamation, summoned the said James Douglas to the effect above-written after the form and tenor of these our sovereign lord's letters of summons. This I did before these witnesses: John Mowat, David Horne, bailies of Lanark, William Penner, James Chancellor, Thomas Brenton, Alexander Lockhart of Corsfurd, and John Cunningham of Bonnyton, with diverse others. And for the witnessing to this my execution, my signet is affixed.

This court of parliament shows for law and I give for doom that, forasmuch as it is found by judgement of parliament that James Douglas of Parkhead has committed and done treason against our sovereign lord in conspiration of his slaughter with Archibald [Douglas], sometime earl of Angus, and his partakers, rebels, convening with them at St Leonard's Chapel with the late [Sir] James Hamilton of Finnart, knight, devising and treating the manner of his said slaughter, for which the said late James was justly convicted to the death, and for the treasonable counsel, assistance, favour and help given to the said traitors at all times in opposition to our sovereign lord's most noble person and diverse other crimes of treason committed by him, for which causes he has forfeited his life, lands and goods, and the same to remain with our sovereign lord and his successors in time to come. And that I give for doom.

  1. NAS, PA2/8, III, f.40v-42r. Back
  2. NAS, PA2/8, III, f.42v-43v. Back
Forfeiture of Robert Colville

[Abstract:] William Strathearn, messenger, and Robert Black, key keeper, sheriffs in that part, compeared and presented a royal summons under the great seal regarding the summons of Robert Colville, son of James Colville of Easter Wemyss, before the king and parliament, the tenor of which follows:

[Abstract:] King James etc., to lyon king at arms, Snowdon, Albany, Ross and Rothesay, heralds, James Johnston, John Pardovan, Robert Black, Thomas Hamilton, key keepers, Ormond, Bute, Dingwall, Unicorn, pursuivants, Archibald Hog, John Gourlay, William Strathearn, Archibald Heriot, messengers, sheriffs in that part. Gives mandate to them that they lawfully summon Robert Colville, son of James Colville of Easter Wemyss, in the presence of witnesses, personally or at the market crosses of Edinburgh and Cupar, that he compear in the next parliament in the tolbooth at Edinburgh, 4 December, with continuation, at the hour of causes, for answering the king or his justiciar for his treasonous assistance, aid, etc., to Archibald [Douglas], late earl of Angus, and George Douglas, his brother, rebels and traitors by sentence of forfeiture, acting together with them in England in all which tended to the destruction of the king and lieges, and for many other crimes of lese-majesty perpetrated by him, and to hear himself to have incurred the crime of lese-majesty, and therefore his lands and goods to be confiscated, and to undergo the ultimate punishment that may be inflicted by law. Judgement will be given whether he compears or not. And the present letters are to be brought that day duly endorsed, with witnesses. Committing full power thereto. Under the great seal at Glamis, 22 September [1540], 28th year of the reign.

[Abstract:] After which summons was read, the sheriffs proved in parliament that the summons was duly executed by their endorsements and certain witnesses, produced there by these sheriffs, namely Rothesay herald, George Good, John Mowat, John Bannatyne, Nicholas Cairncross, George Leith, Peter Stevenson and James Anderson, of which the tenor follows.

On 24 September 1540, I, William Strathearn, messenger, one of the sheriffs in that part within constituted, passed at the command of these our sovereign lord's letters of summons and summoned, warned and charged Robert Colville, son to James Colville of Easter Wemyss, knight, by open proclamation at the market cross of Edinburgh to compear before our sovereign lord's justice [Archibald Campbell, earl of Argyll] in his highness's parliament, to be held day and place within written, with continuation of days, to answer to his grace and his said justice in his name to all points of treason and articles contained in these his highness's letters of summons and after the form, tenor and pure effect of the same. This I did before these witnesses: Master Henry Lauder [of St Germains], advocate to our said sovereign lord, Rothesay herald, George Good, James Bannatyne, Nicholas Cairncross and George Leith, with diverse others. And for the more witnessing to this my execution, my signet is affixed.

On 1 October 1540, I, Robert Black, messenger, passed at command of these summonses and summoned, warned and charged by open proclamation at the market cross of Cupar the said Robert Colville to the effect above-written after the form and tenor of these our sovereign lord's letters of summons. This I did before these witnesses: Peter Stevenson, James Anderson, Peter Paterson, Thomas Halliday, John Moray and John Gib, with diverse others. And for the more witnessing to this my execution, my signet is affixed.

This court of parliament shows for law and I give for doom that, forasmuch as it is found by judgement of parliament that Robert Colville, son to the late James Colville of Easter Wemyss, has committed and done treason against our sovereign lord in the giving of counsel, favour, assistance and help to Archibald [Douglas], sometime earl of Angus, and his brother, our sovereign lord's rebels and traitors, soliciting, procuring and using with them within the realm of England against our said sovereign lord and his most noble person, and diverse other crimes of treason committed by him contained in the summons foresaid, for which causes he has forfeited his life, lands and goods, and they to remain with our sovereign lord in time to come. And that I give for doom.

  1. NAS, PA2/8, III, f.40v-42r. Back
  2. NAS, PA2/8, III, f.42v-43v. Back