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King James etc., to all good men, etc. In parliament begun in the tolbooth of Edinburgh, 3 December 1540, the three estates present, the king caused it to be declared by James Foulis of Colinton, clerk of the rolls and register, how a few years ago various judgements of forfeiture were given, both in parliament and court of justiciary, against Archibald [Douglas], late earl of Angus, George Douglas, his brother, and the late Archibald Douglas of Kilspindie, their uncle, John [Lyon], formerly lord Glamis, and the late Sir James Hamilton of Finnart, and so to avoid these judgements fading in the memory, so those men's infamy may remain as a terror to any who might consider such acts, and because the books in which forfeitures are written might wear out or be destroyed, and so it is requested that the three estates in parliament, if they see it expedient, cause an authentic copy under the great seal and the seals of nobles and the burghs to be made, for the strengthening of the forfeitures. To which the estates agreed, in the terms mentioned above, and Thomas Bellenden [of Auchnoull], justice clerk, produced the original for copying. The tenor of the forfeiture, copied by James Foulis, clerk register of council and the rolls, under his sign and subscription manual, is as follows:
In the parliament of the most excellent prince and lord James, most illustrious king of Scots, held at Edinburgh on 3 September 1528, held by the king and the three estates, with Gilbert Wauchope of Niddrie-Marischal, deputy of [William Keith], earl Marischal, Patrick Baron, deputy of [William Hay, earl of Erroll], constable, Andrew Dalmahoy, sergeant, and John Anderson, dempster. On the which day Archibald, earl of Angus, George Douglas and Archibald Douglas, often summoned for certain treasonous actions and not compearing, it was continued to 5 September instant [1528], without prejudice, etc. On the which day lyon king at arms, sheriff in that part, compeared and presented a royal summons directed to him under the great seal concerning the summons of Archibald, George and Archibald, the tenor of which follows:
†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.
After this summons was read, the same sheriff proved in parliament that it was executed by his endorsement and certain witnesses contained in the endorsement, who were produced by him in that place and sworn, namely John Adamson, Alexander Carmaig, messengers, John Pettie and Thomas Douglas of Musselburgh, the tenor of which endorsement follows:
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, 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 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 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 parts 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 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 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 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 sheriffdom 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 holding our sovereign lord's person against his will continually for 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 unto the month of June last bypast, at which month our sovereign lord put himself to liberty; and for 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 and 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. And for the more witnessing of 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 charged† 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, 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 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 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 above-written. 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 the next parliament to be held at 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, macer, 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.
Here follows the manner of doom given and pronounced by John Adamson, dempster, that is to say: This court of parliament shows for law and I give for doom that forasmuch as it is found by the judgement of parliament that Archibald, 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 convocation of our sovereign lord's lieges within the burgh of Edinburgh 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 his assistance and maintenance given to the Laird of Johnstone to harry and burn with companies of thieves, both by day and night, and in 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 of 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.
In testimony of all of which are appended the king's seal and the seals of the reverend and venerable David [Beaton], cardinal of the Roman Church and archbishop of St Andrews, primate of Scotland, legatus natus and administrator of the bishopric of Mirepoix in France, and commendator of Arbroath, keeper of the privy seal, Gavin [Dunbar], archbishop of Glasgow, our chancellor etc., commendator of Inchaffray, George [Crichton], bishop of Dunkeld, William [Stewart], bishop of Aberdeen, Patrick [Hepburn], bishop of Moray, Robert [Cairncross], bishop of Ross, Henry [Wemyss], bishop of Galloway and the chapel of Stirling, John [Hepburn], bishop of Brechin, [Andrew Stewart], bishop of Caithness, William [Chisholm], bishop of Dunblane, Alexander [Milne], abbot of Cambuskenneth, president of the college of justice, Robert [Reid], abbot of Kinloss, John [Hamilton], abbot of Paisley, Andrew [Dury], abbot of Melrose, George [Dury], abbot of Dunfermline, John† [Haswell], abbot of Newbattle, Alexander [Hamilton], abbot of Kilwinning, John [Philips], abbot of Lindores, Donald [Campbell], abbot of Coupar [Angus], Robert [Forrester], abbot of Balmerino, and many other abbots and prelates, also George [Gordon], earl of Huntly, lord Huntly and Badenoch, James [Hamilton], earl of Arran, lord Hamilton, Archibald [Campbell], earl of Argyll, lord Campbell and Lorne etc., William [Hay], earl of Erroll, constable, William [Keith], earl Marischal, William [Graham], earl of Montrose, lord Graham, George [Leslie], earl of Rothes, Gilbert [Kennedy], earl of Cassilis, William [Graham], earl of Menteith, John [Erskine], lord Erskine, Robert [Maxwell], lord Maxwell, Malcolm [Fleming], lord Fleming, chamberlain, John [Hay], lord [Hay of] Yester, Alexander [Livingston], lord Livingston, Hugh [Somerville], lord Somerville, Henry [Stewart], lord Methven, John [Forbes], lord Forbes, William [Ruthven], lord Ruthven, James [Ogilvy], lord Ogilvy, Ninian [Ross], lord Ross, William [Sempill], lord Sempill, and other nobles and barons, with the seals of the communities of Edinburgh, Perth, Aberdeen, Dundee, Stirling, Linlithgow, Lanark, Haddington, Cupar and Peebles. Edinburgh, 10 December 1540, 28th year of the reign.