[1543/3/31]*[print] [email] [cite] [preceding] [following]
Regarding the summons raised at the instance of James Douglas, sometimes of Parkhead, against James [Hamilton], earl of Arran, lord Hamilton, protector and governor of this realm, Master Henry Lauder [of St Germains], advocate to our sovereign lady, and David Wood of Craig, comptroller to her grace, for her grace's interest, and all others having interest in the matter specified below, to bring with them and produce before my said lord governor and three estates of this realm in her grace's next parliament in the tolbooth of Edinburgh on 15 March 1542 [1543] the pretended process, decision and decreet of forfeiture led and deduced in presence of our sovereign lord, whom God absolve, and three estates of his realm in his parliament held at Edinburgh on 10 December 1540, discerning the said James Douglas, by judgement of parliament, that he had committed the crime of lese-majesty against our said late sovereign lord in the conspiring in his grace's death with Archibald [Douglas], sometimes earl of Angus, and his partakers, rebels, convening with them beside St Leonard's Chapel with the late James Hamilton of Finnart, knight, devising the manner of his grace's slaughter, for the which cause Sir James Hamilton was convicted, and also the treasonable counsel, favour and help given to the said rebels and for other diverse crimes of lese-majesty, and, therefore, discerning the said James to have forfeited his life, lands and goods and to hear and see the said pretended decreet, decision and sentence of forfeiture retreated, rescinded, made void and annulled with all that followed thereupon, together with the annexation of the said James's lands to the crown, if any be made, and the said James restored entirely to his good fame, lands, honours, dignities, offices, goods, moveable and unmoveable, in the same state and condition as he was at the time of the pronouncing and giving of the said decreet for these reasons and causes following. In the first, because the said James was summoned to compear before our said late sovereign lord and his justice in his parliament held at Edinburgh on 4 December 1540, to have heard and seen him discerned to have forfeited his life, lands and goods for crimes of lese-majesty foresaid, the which said summons was not presented in judgement, or at the least the execution thereof was not verified and proved by the officer, executor of the same, and the witnesses before whom he executed the summons, as is customary in similar summons, the summons ought to be read and the execution thereof proved on the first day, and for other diverse reasons and causes as at more length is contained in the said summons. The said James, earl of Arran, being personally present, the said James Douglas, Master Henry Lauder, advocate foresaid, David Wood, comptroller, for our said sovereign lady's interest, all being personally present and all others for their interest in the said matter being lawfully summoned by open proclamation at the market crosses of the burghs of Edinburgh and Lanark by the officer underwritten, that is to say, Bute pursuivant, before the witnesses under-specified: that is to say, Carrick, Ormond pursuivants, Alexander Hutton, James Thomson, William Mowat, William Pewter and David Robeson (often times called and not compearing). And the said endorsements and executions being lawfully and sufficiently proved by the foresaid witnesses and officers being all present in face of parliament and sworn thereto, my said lord governor, with the advice of the three estates of parliament and by judgement of the same, retreats, rescinds, makes void and annuls the said pretended decision and decreet of parliament of the date foresaid, led and given against the said James in manner specified above, and decrees and declares the same to have been from the beginning and to be in all time coming, with all that followed thereupon, of no value, force nor effect, and restores the said James in his first state regarding his fame, life, honours, lands and goods, moveable and unmoveable whatsoever, he was before the† giving of the said decreet and doom of forfeiture, because the said James Douglas was summoned to compear before our said late sovereign lord and his justice in his parliament held at Edinburgh, the day and place foresaid, to hear him discerned to have forfeited his life, lands and goods for the crimes of lese-majesty foresaid, albeit on 4 December 1540 the said summons was not consented nor yet the execution of the same sufficiently proved by the said officer and witnesses, albeit [in truth]† in similar summons that first day the same should be read and the execution thereof proven, and also because there was no continuation made of the said summons from the said 4th of the foresaid month of December to the 10th day of the same month, on which day the said decreet was led and given, albeit in truth by the common practice of this realm in criminal causes the said order should be kept, as was clearly understood by my said lord governor and three estates foresaid; and, therefore, ordains letters to be directed hereupon to make publications at all places needful of this present declaration and retraction of the said decreet and doom of forfeiture done and given by judgement of parliament in the appropriate form.
[1543/3/32]*[print] [email] [cite] [preceding] [following]
Regarding the summons raised at the instance of John [Lyon], sometimes lord Glamis, against James [Hamilton], earl of Arran, lord Hamilton, tutor to our sovereign lady, the queen's grace, and protector and governor of this realm, Master Henry Lauder [of St Germains], her grace's advocate, and David Wood of Craig, her grace's comptroller, for her grace's interest, and all others having interest in the action under-specified, and also against Robert [Maxwell], lord Maxwell, Gilbert [Kennedy], earl of Cassilis, Hugh [Somerville], lord Somerville, George [Seton], lord Seton, William† [Cunningham], earl of Glencairn, Andrew [Stewart], lord Ochiltree, James Gordon of Lochinvar, Ninian Crichton of Ballibooth, John Melville of Raith, John Home of Cowdenknowes, David Barclay of Mathers, James Touris of Inverleith and Alexander Fraser of Philorth, otherwise being upon the assize of the said John, lord Glamis, 10 July 1537. That is to say the said persons to bring with them and produce before my said lord governor and three estates of parliament the pretended act of adjournal, sentence and process of forfeiture given 10 July 1537, finding and discerning that the said John, lord Glamis had committed art and part of the counselling and not revealing of the conspiracy and plotting in the destruction of the our late sovereign lord's most noble person of good mind, whom God absolve, by poison, plotted and conspired by the late Janet [Lyon], lady Glamis, his mother, to the which he consented and was art and part with her and, therefore, discerning that the said John, lord Glamis had forfeited to our said late sovereign lord his lands and goods, moveable and unmoveable, which sentence and act of adjournal was given by virtue of the said lord's own proper confession, as at more length is contained in the said process, act of adjournal and sentence led and deduced thereupon, and to hear and see the said pretended process, act of adjournal and sentence of forfeiture, together with the said John's confession whereupon the said pretended sentence was given, be discerned by judgement of parliament and the three estates of this realm to have been from the beginning and to be in all times to come null and invalid in itself and to hear and see the same retreated, rescinded, made void and annulled, together with the annexation of the said lord's lands to the crown by the act of our late sovereign lord's parliament held at Edinburgh, 3 December 1540, with all that followed thereupon; and also to hear and see the said lord restored in entirety against the said act of adjournal and sentence of forfeiture and to be restored to his lands, good fame, honours, dignities, offices, goods, moveable and unmoveable, and to be restored in the same state and condition as he was at the time of the said confession and giving of the said decreet of forfeiture against him for these reasons and causes following. In the first, because the said act of adjournal, process of forfeiture and sentence foresaid was led and deduced against the said John, he not being lawfully summoned upon the premonition of 40 days as he ought to have been according to the laws of the realm in crimes of lese-majesty, and also there was no summons executed upon him for the causes contained in the said act of adjournal, nor no libel produced thereupon in judgement, but he was only brought out of the castle of Edinburgh on 10 July 1540, at 10 o'clock in the morning, and then by word only accused, and thereafter within two hours or thereby the act of adjournal, sentence and process of forfeiture foresaid were led, deduced and given against him contrary to all order, law, equity and reason and, therefore, of the law should be discerned to be of no value or at the least reduced with all that followed thereupon, and for other diverse reasons and causes as at more length is contained in the said summons. The said John, sometimes lord Glamis, being personally present, the said James, earl of Arran, tutor and governor foresaid, George, lord Seton, Andrew, lord Ochiltree, William, earl of Glencairn, John Home of Cowdenknowes, James Touris of Inverleith and Alexander Fraser of Philorth being also personally present, and the remainder of the persons being upon the said John's assize and all others having interest in the matter under-specified being lawfully summoned by open proclamation at the market crosses of the burghs of Edinburgh, Cupar, Perth, Dundee, Forfar and Aberdeen as the endorsements and executions of the said summons underwritten purport, often times called and not compearing, of the which endorsements the tenor follows:
On 29 January 1542 [1543], I, John Paterson, as Carrick pursuivant, one of the sheriffs of that part within constituted, passed at the command of these our sovereign lady's letters of summons and lawfully and peremptorily summoned one noble and mighty lord James, earl of Arran, lord Hamilton etc., tutor to our sovereign lady and protector of her realm, Master Henry Lauder, her grace's advocate, and David Wood of Craig, her grace's comptroller, for her highness's interest, all personally apprehended, the copy of this summons being delivered to the said Master Henry Lauder, advocate foresaid. And thereafter upon the same 29th day, I passed to the market cross of the burgh of Edinburgh and there, by open proclamation, summoned all and sundry other persons having interest in the said matter, and Gilbert, earl of Cassilis, Robert, lord Maxwell, William, earl of Glencairn, Hugh, lord Somerville, George, lord Seton, Hugh [Montgomery], master of Eglinton, James Gordon of Lochinvar, Ninian Crichton of Ballibocht, John Melville of Raith, John Home of Cowdenknowes, James Touris of Inverleith, David Barclay of Mathers and Alexander Fraser of Philorth, being upon the assize specified within, to compear before our sovereign lady's tutor and governor foresaid and the estates of her realm, at the day and place within-written, with continuation of days, to answer at the instance of John, sometimes lord Glamis, that is to say the said persons to bring with them and produce before our said sovereign lady's tutor and governor and three estates of her realm, at the day and place within specified, the act of adjournal, process and sentence of forfeiture of the date 10 July 1537, discerning the said John, sometimes lord Glamis to have forfeited to our said late sovereign lord his life, lands and goods, and to hear and see the said pretended act of adjournal, process and sentence of forfeiture, with all that followed thereupon, be retreated and reduced, together with the annexation of the said lord's lands to the crown, and the said John to be restored in entirety in the same estate and condition to his life, lands, goods, honours, offices and dignities as he was before the giving of the said pretended act of adjournal, process and sentence of forfeiture against him for the reasons and causes specified in the libel in this summons, and to answer to all other points and articles contained in the same and after the form and tenor thereof. And this I did before these witnesses: Bute and Ormond pursuivants, Alexander Hutton, messenger, William Lyon of Colmalegy and William Rich, with diverse others. On 30 January 1543, I, the said John Paterson, as Carrick pursuivant, passed to the market cross of the burgh of Cupar and there, by open proclamation, summoned all the persons above-written and all others having interest to compear before our sovereign lady's tutor and governor and three estates of her realm, at the day and place within-written, with continuation of days, to answer at the instance of the said John, sometimes lord Glamis, and to all the points and articles contained in this summons as are specified above and after the form, tenor and effect of the same. This I did before these witnesses: Nicholas Grundeston, Thomas Williamson, David Anderson and David Baxter, with diverse others. The foresaid 30 January 1543, I, the said Carrick pursuivant, passed to the market cross of the burgh of Perth and there, by open proclamation, summoned all the persons above-written and all others having interest to compear before our said sovereign lady's tutor and governor foresaid and three estates of her realm, at the day and place within-written, with continuation of days, to answer at the instance of the said John, sometimes lord Glamis, and to all the points and articles contained in this summons as are expressed above and after the form, tenor and effect of the same. And this I did before these witnesses: John Christieson, Thomas Jamieson, John Maxwell, William Graham, with diverse others. On 31 January 1543, I, the said Carrick pursuivant, passed to the market cross of the burgh of Dundee and there, by open proclamation, summoned all the persons specified above and all others having interest to compear before our said sovereign lady's tutor and governor foresaid and three estates of her realm, at the day and place written-within, with continuation of days, to answer at the instance of the said John, sometimes lord Glamis, and to all the points and articles contained in the summons as are specified above and after the form and tenor of the same. And this I did before these witnesses: David Rollock, Master David Strachan and James Rind of the Kerse, with diverse others. On 31 January 1543, I, the said Carrick pursuivant, passed to the market cross of the burgh of Forfar and there, by open proclamation, summoned all the persons above-written and all others having interest, to compear before our said sovereign lady's tutor and governor foresaid and three estates of her realm, at the day and place within-written, with continuation of days, to answer at the instance of the said John, sometimes lord Glamis, and to all the points and articles contained in this summons as are expressed above and within, and after the form, tenor and effect of the same. And this I did before these witnesses: Alexander Hunter, John Hunter and Alexander Samson, with diverse others. And also upon 30 January 1543, I delivered the authentic copy of this summons to John Collison, servant to Henry Kemp of Thomaston, in the said Henry's name, who alleged himself to have interest in the matter specified within. On 29 January, 7, 9, 10, 11, 12 and 13 February, and 7 March 1542 [1543], I, the said Carrick pursuivant, sheriff foresaid, made intimation of my executions above-written to the said Gilbert, earl of Cassilis, Robert, lord Maxwell, William, earl of Glencairn, Hugh, master of Eglinton, Hugh, lord Somerville, George, lord Seton, Andrew, lord Ochiltree, Ninian Crichton of Ballibooth, James Touris of Inverleith, knight, Alexander Fraser of Philorth, David Barclay of Mathers, John Home of Cowdenknowes and John Melville of Raith, knight, all personally apprehended. And for the more witnessing to these my executions above-written, I have affixed my signet before the witnesses specified in the first endorsement. On 1 March 1542 [1543], I, Archibald Hogg, messenger, one of the sheriffs in that part specified within, passed at the command of these our sovereign lady's letters and made intimation to James Gordon of Aberfeldy, personally apprehended, of the execution above-written by the said Carrick pursuivant. This I did before these witnesses: George Gordon, Roger Gordon, brother to the said James, and David Gordon, their uncle, with diverse others. And for the more witnessing to this intimation, I have affixed my signet.
On 31 January 1542 [1543], I, Snowdon herald, one of the sheriffs in that part within constituted, passed at command of the authentic double under the quarter seal directed out of the chancery of these our sovereign lady's letters of summons to the market cross of the burgh of Aberdeen and there, by open proclamation, summoned one noble and mighty lord James, earl of Arran, lord Hamilton, tutor to our sovereign lady, protector and governor of her realm, Master Henry Lauder, her advocate, and David Wood of Craig, her grace's comptroller, for her interest in her name and interest, and all and sundry other persons having interest in the matter specified within, and Robert, lord Maxwell, Hugh, lord Somerville, Gilbert, earl of Cassilis, George, lord Seton, Andrew, lord Ochiltree, William, earl of Glencairn, Hugh, master of Eglinton, James Gordon of Lochinvar, Ninian Crichton of Ballibooth, John Melville† of Raith, knight, John Home of Cowdenknowes, David Barclay of Mathers, James Touris of Inverleith, knight, and Alexander Fraser of Philorth and, being upon the assize specified within, to compear before our said sovereign lady's tutor and governor foresaid and the three estates of her realm, at the day and place written within, with continuation of days, to answer at the instance of John, sometimes lord Glamis, and to all the points and articles contained in this summons as are above-written, and after the form, tenor and effect of the same, of the which summons is affixed the copy on the market cross of Aberdeen because no one would receive the same, it being openly offered by me. And this I did before these witnesses: Thomas Hunter, messenger, David Menzies and William Lyon, younger, with diverse others. And for the more witnessing of this endorsement, my signet is affixed. And the said endorsements and executions of the same being lawfully and sufficiently proved in face of parliament by the officers and witnesses contained in the same as are above-written on 12 March 1543 and continued to this day as are contained in an act made thereupon of before.
My said lord governor, with the advice of the three estates of parliament and by judgement of the same, retreats, rescinds, makes void and annuls the said pretended process, act of adjournal and sentence of forfeiture, together with the said John, sometimes lord Glamis's confession, by virtue of which the said pretended process was led and given in the manner above-written; and decrees and declares the same by judgement of this present parliament, with the act of annexation of his lands done in parliament, to have been from the beginning and to be in all time coming of no value, force nor effect, null and invalid in itself with all that followed thereupon, and restores, reinstates and reintegrates the said John, lord Glamis in his first state regarding his life, fame, honours, lands, dignities, offices and goods, moveable and unmoveable whatsoever, as he was in the summons, pretended confession whereupon the said pretended act of adjournal and process were led and given, because the said pretended process, act of adjournal and sentence of forfeiture were led and given by virtue of the said lord's confession made by him in the castle of Edinburgh, which confession was made by him by just dread and for fear of his life, which dread might fall in a steadfast man because the said John, lord Glamis was imprisoned in the castle of Edinburgh, destitute of all counsel of his friends and presented to the rack,† seeing others of perfect age and strong of person put on the said racks, and he being there severely examined, for dread, imprisoned of his body, made the said pretended confession, by virtue of the which confession, no other sufficient proof being led, the persons that passed upon the said assize found and delivered as is above-written and gave the said pretended sentence in the manner foresaid; and also because the said pretended confession, by virtue of which the said pretended process, act of adjournal and sentence of forfeiture were led, the said confession was made by the said John, lord Glamis in his minority, not knowing the peril that was to follow thereupon and without the authority and consent of his curators, they not being called for their interest thereto as they ought to have been of the law; and also the said Lord Glamis was fraudulently induced by the late Thomas Scott, justice clerk, and other friends to our said late [Thomas Scott] to make the said pretended confession, saying to him that his life, lands, goods, moveable and unmoveable, would be safe to him and that no process nor sentence of forfeiture would be led against him albeit he made the said confession, as was clearly and sufficiently proved before my said lord governor and three estates foresaid by the depositions of diverse reputable witnesses, sworn and examined in face of parliament, and, therefore, ordains letters to be directed hereupon to make publication at all places needful of this present declaration and retraction of the said pretended process and sentence of forfeiture and act of adjournal foresaid, done and led in the manner foresaid, in the appropriate form.
[1543/3/33]*[print] [email] [cite] [preceding] [following]
Regarding the summons raised at the instance of Alexander Drummond of Carnock against James [Hamilton], earl of Arran, lord Hamilton, tutor and governor of this realm, Master Henry Lauder [of St Germains], her grace's advocate, and David Wood of Craig, her grace's comptroller, for her interest, and all others having interest in and to the matter under-specified, to hear and see a pretended decision or decreet of parliament held at Edinburgh by our late sovereign lord, whom God absolve, on 5 April 1528, in the which parliament it was discerned and found that the said Alexander had forfeited his life, lands and goods, and the same to remain with our said late sovereign lord and his successors because the said Alexander gave counsel, favour and assistance to Archibald [Douglas], sometimes earl of Angus, George Douglas, his brother-german, in the invading of our said late sovereign lord's person and his barons in the burgh of Stirling and in the revealing of it that was done in his grace's counsel to the said Archibald and George, and in the assistance given to them in the furnishing of the castle of Tantallon and Newark, and in the exposing of his grace's most noble person to battles and holding of his person against his will, as at more length is contained in the said decision and decreet, and to hear and see the same retreated, made void and annulled, and discerned by judgement of parliament of no value, force nor effect with all that followed thereupon. In the first, because the said Alexander was summoned to compear personally in the said parliament on the said 4 September 1528, on the which day neither was the said Alexander called nor yet the said summons presented in parliament, nor read nor yet the said executions of the same proven, albeit in truth, in similar causes of forfeiture of men's lives, lands, goods, moveable and unmoveable, the party summoned should be called the first day, and they not compearing the executions should be proved by the officers, executors of the same, and by the witnesses contained therein the said first day, and then to be continued to one day thereafter, otherwise the said process is null, and for diverse other reasons and causes as at more length are contained in the said summons. The said lord governor being personally present, the said Alexander Drummond, Master Henry Lauder [of St Germains], advocate foresaid, and the said David Wood, for our sovereign lady's interest, being also personally present, and all others for their interest in the said matter being lawfully summoned by open proclamation at the market crosses of the burghs of Edinburgh, Perth, Stirling by the officers underwritten: that is to say, Carrick pursuivant and William Champnay before these witnesses: Bute and Ormond pursuivants, Alexander Hutton, messenger, William Lyon, James Johnston, John Guthrie, John Christieson, Thomas Jamieson, John Melville, John Craigengelt, provost of Stirling, Duncan Wallach, John Forrester, Charles Drummond, William Bell, James Wilson and Sir William Litster, notary public, often times called and not compearing, and the said endorsements and executions being lawfully and sufficiently proved by the officers, executors of the said letters, and witnesses foresaid being present in face of parliament and sworn thereto, my said lord governor, with the advice of the three estates of parliament and by judgement of the same, retreats, rescinds, makes void and annuls the said pretended decision or decreet of parliament of the date foresaid, led and given against the said Alexander in the manner foresaid, and decrees and declares the same to have been from the beginning and to be in all times coming, with all that followed thereupon, of no value, force nor effect, and restores the said Alexander in his first state regarding his live, fame, honours, lands and goods, moveable and unmoveable whatsoever, as he was before the giving of the said decreet and doom of forfeiture, because the said Alexander was summoned to compear personally in the said parliament on 4 September 1528, at the which day the said Alexander was not called nor yet the said summons produced, read nor yet the execution of the same proven, albeit in all similar cases concerning the forfeiture of a man's life, lands, goods, moveable and unmoveable, the party summoned should be called the first day, and if he compears not, the executions should be proven by the executors and witnesses the said first day, and then continued to a day thereafter, or else the process is null, as was clearly demonstrated to my said lord governor and three estates foresaid; and therefore ordains letters to be directed upon this matter to make publication at all places needful of this present declaration and retraction of the said decreet and doom of forfeiture done and given by judgement of parliament in the appropriate form.