[1543/12/47]*[print] [email] [cite] [preceding] [following]
Regarding the summons raised at the instance of James Hamilton, son and heir apparent of the late James Hamilton of Finnart, knight, against James [Hamilton], earl of Arran, tutor to the queen's grace, protector and governor of this realm, Master Henry Lauder [of St Germains], her grace's advocate, and Thomas Menzies of Pitfodels, her comptroller, and all and sundry others having interest in the said matter, that is to say the said persons to produce the pretended act of adjournal, sentence and process of forfeiture given on 16 August 1541, finding and discerning that the said late James Hamilton of Finnart, knight, committed art and part of the treasonable plotting, invention and consultation, shooting and emission of guns out of the palace of Linlithgow and steeple of the same at the proper person of our most serene late father and persons being in company with him for the time, both the time that he came to the town of Linlithgow and the time that he passed from the same, and that he committed art and part of the treasonable plotting, invention and consultation of slaughter of the same our late father at the time that he spoke with Archibald Douglas and James Douglas of Parkhead at the chapel of St Leonard's beside Edinburgh after the forfeiture of Archibald [Douglas], sometimes earl of Angus, George Douglas, his brother, and the said Archibald Douglas, his uncle, and therefore discerning by decision and by decreet that the said late James of Finnart, knight, had forfeited to our said late serene father his life, lands, rents, possessions and all and sundry his goods, moveable and unmoveable, as in the process of forfeiture, act of adjournal and sentence led and given thereupon more fully is contained, and to hear and see the said pretended process, act of adjournal and sentence of forfeiture, by judgement of the three estates of our realm in our said parliament, to be discerned of the law to have been from the beginning and to be in all times to come null in itself and of no strength and by invalidity led and deduced and the same in so far as they may of the law appear of value and strength, and to hear and see the same retreated, made void and annulled in the foresaid manner, together with the annexation of the lands of the said late James, knight, to our crown by the act of our late dearest father in his parliament held at Edinburgh, 10 December 1540, with all that follows thereupon, and also to hear and see the said James, as heir and son to the said late James, knight, to be restored and reinstated entirely against the said act of adjournal, process and doom of forfeiture, and he, as son and lawful heir to the said late James, his father, discerned to succeed to his lands, offices, lordships, goods, moveable and unmoveable, as lawfully as the said pretended sentence of forfeiture had never been led and proclaimed against the said late James, his father, for diverse reasons and causes, as at more length is contained in the said summons, the said James Hamilton,† with his curators underwritten, that is to say, David [Beaton], cardinal [and archbishop] of St Andrews, John [Hamilton], abbot of Paisley, William Hamilton of Sanquhar, knight, John Hamilton of Colmskeith and Archibald Beaton of Capledrae, being personally present, my lord governor and advocate being also personally present, the said comptroller and all others for their interest being lawfully summoned to this action, often times called and not compearing, as the endorsement of the said summons purports, of the which the tenor follows:
On 20 October 1543, I, Thomas Forest, pursuivant, one of the sheriffs in that part within constituted, passed at the command of these our sovereign lady's letters of summons and summoned one noble and mighty lord James, earl of Arran, lord Hamilton etc., tutor to our sovereign lady and governor of her [realm], personally apprehended to compear before our sovereign lady and three estates of her realm in her highness's next parliament, to be held in the burgh of Edinburgh within the tolbooth of the same on 10 December 1543, in the hour of cause, with continuation of days, to answer at the instance of James Hamilton, son and heir apparent to the late James Hamilton of Finnart, knight, to hear and see the pretended sentence and decreet of forfeiture led and given against the said late James Hamilton, of the date 16 August 1540, be discerned by decreet and judgement of parliament to have been and to be of no value, force and effect and to be retreated, rescinded, made void and annulled, and the said James, as son foresaid, to be restored again in entirety against the said decreet of forfeiture, and as son and lawful heir of the said late James, his father, to be discerned to succeed to all and sundry lands, lordships, goods, moveable and unmoveable, of his said late father as lawfully as if the said decreet of forfeiture had never been given, for diverse reasons and causes contained in the said summons and after the form and tenor of the same. And also on the same day I passed to the market cross of the burgh of Linlithgow and there, by open proclamation, summoned all persons having or pretending to have interest to the matter, action and cause within written, to compear before our said sovereign lady's tutor and governor foresaid and three estates of the realm in her highness's next parliament to be held at the day and place above-written, in the hour of cause, with continuation of days, to answer at the instance of James Hamilton, son and heir apparent to the said late James, his father foresaid, to all points and articles contained in these our sovereign lady's letters of summons after the form and tenor of the same. This I did before these witnesses: Master David Panter, secretary to our sovereign lady, David Hamilton of Preston, William Bannatyne, Master Bartholomew Kello, Master John Hamilton, Henry Forest, Robert Wetherspoon, James Naismith, Philip Whitehead and Alexander Glen, with diverse others. Upon 22 October 1543, I, Bute pursuivant, another of the sheriffs in that part within constituted, passed at command of these our sovereign lady's letters of summons to the market cross of the burgh of Edinburgh and there, by open proclamation, summoned all persons having or pretending to have interest to the matter, action and cause specified within to compear before our sovereign lady's tutor and governor foresaid and the three estates of the realm in her grace's next parliament to held at the day and place stated above, in the hour of cause, with continuation of days, to answer at the instance of James Hamilton, son and heir apparent to the late James, his father foresaid, to all the points and articles contained in these our sovereign lady's letters of summons, after the form and tenor thereof. This I did before these witnesses: Richard Moutray, Master Gilbert Groat, Master Nicholas Robeson, Alexander Cunningham, messenger, Master John Hamilton, James Lindsay, Master George Good, with diverse others. Upon 24 October 1543, I, the said Bute pursuivant, sheriff in the part specified within, passed at the command of these our sovereign lady's letters, and summoned Master Henry Lauder [of St Germains], advocate to our sovereign lady, personally apprehended, to compear before her highness and three estates of her realm in her grace's next parliament to be held at the day and place above-written, in the hour of cause, with continuation of days, to answer at the instance of the said James Hamilton, son and heir apparent to the said late James Hamilton of Finnart, knight, to hear and see the pretended sentence and decreet of forfeiture within-written be discerned by a decreet of parliament foresaid to be of no value, force nor effect, and to be retreated and annulled, and the said James, as son and heir foresaid, to be restored in entirety against the same, and as son and lawful heir of the said late James, his father, to be discerned to succeed to all and sundry lands, lordships and goods, moveable and unmoveable, of his said late father as lawfully and as if the said decreet of forfeiture had never been given, for diverse reasons and causes contained in these our sovereign lady's letters of summons and after the form and tenor and effect of the same, and gave the authentic copy hereof to the said Master Henry. This I did before these witnesses: Master Nicholas Robeson, Master Gilbert Groat, Master John Hamilton, Alexander Cunningham, messenger, James Lindsay, macer, and William Bannatyne. Upon 26 October 1543, I, William Strathearn, messenger, another of the sheriffs in that part within constituted, passed at command of these our sovereign lady's letters of summons to the market cross of the burgh of Renfrew and there, by open proclamation, summoned all persons having or pretending to have interest to the matter, action and cause specified within to compear before our sovereign lady's tutor and governor and three estates of her realm in her highness's next parliament to be held at the day and place above-written, in the hour of cause, with continuation of days, to answer at the instance of the said James Hamilton, son and heir apparent to the said late James Hamilton of Finnart, knight, his father, to all the points and articles contained in these our sovereign lady's letters of summons after the form, tenor and effect thereof, with intimation to them as is appropriate. This I did before these witnesses: John Stewart in Woodside, David Hamilton, Alan Love, Peter Auldoy, William Bannatyne and diverse others. Upon 26 October 1543, I, Mungo Strathearn, messenger, another of the sheriffs in that part within constituted, passed at command of the authentic duplicate copy of these our sovereign lady's letters of summons, directed out of her highness's chancery under her quarter seal, to the market cross of the burgh of Stirling and there, by open proclamation, summoned all persons having or pretending to have interest to the matter, action and cause stated within, to compear before our sovereign lady's tutor and governor and three estates of her realm in her highness's next parliament to be held at the day and place specified above, in the hour of cause, with continuation of days, to answer at the instance of the said James Hamilton, son and heir apparent to the said late James Hamilton of Finnart, knight, his father foresaid, to all points and articles contained in these our sovereign lady's letters of summons, after the form, tenor and effect of the same, with intimation to those as is appropriate. This I did before these witnesses: Robert Hamilton, William Bannatyne, Master John Hamilton, John Mount, James Hamilton, with diverse others, and for the more witnessing of this my execution and endorsement, my signet is affixed. Upon 27 October 1543, I, the said Thomas Forest, messenger, one of the sheriffs in that part within written, passed at the command of the authentic duplicate of these our sovereign lady's letters of summons, directed out of the chancery under her quarter seal, to the market cross of the burgh of Ayr and there, by open proclamation, summoned all persons having or pretending to have interest in the matter, action and cause specified within, to compear before our said sovereign lady's tutor and governor foresaid and the three estates of her realm in her highness's next parliament to be held at the day and place foresaid, in the hour of cause, with continuation of days, to answer at the instance of the said James Hamilton, son and heir apparent to the said late James Hamilton of Finnart, knight, his father, to all the points and article contained in these our sovereign lady's letters of summons after the form, tenor and effect thereof, with intimation to those as is appropriate. This I did before these witnesses: David Boswell of Auchinleck, George Boswell, Alexander Farquhar, William Bannatyne, Master John Hamilton, John Hamilton of Ropelaw, with diverse others, and for the more witnessing to these my executions and endorsements, my signet is affixed. Upon 30 October 1543, I, the said Bute pursuivant, one of the sheriffs in that part foresaid, passed at command of these our sovereign lady's letters of summons and summoned Thomas Menzies of Pitfodels, comptroller to our sovereign lady, in her highness's name for her interest, in the matter within-written, to compear before our said sovereign lady's tutor and governor and the three estates of her realm in her highness's next parliament to held at the day and place foresaid, in the hour of cause, with continuation of days, to answer at the instance of the said James Hamilton, son and heir apparent to the said late James Hamilton, his father, to hear and see the pretended sentence and decreet of forfeiture within-written be discerned by decreet of parliament to be retreated, rescinded, made void and annulled for diverse reasons and causes contained in these our sovereign lady's letters of summons after the form, tenor and effect of the same. This I did before these witnesses: Master Robert Lockhart, canon of Aberdeen, John Collison, Snowdon herald, Master John Hamilton, William Bannatyne, with diverse others, and for the more witnessing to these my executions and endorsements, my signet is affixed.
And the said endorsements and executions being lawfully and sufficiently proved in the face of parliament by the officers and witnesses contained in the same of before, as an act made on 10 December 1543 purports, the parties present, their rights etc., my 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 acts of adjournal, sentence and processes of forfeiture led and given against the said late Sir James in the manner foresaid, and decrees and declares the same, by judgement of this present parliament, to have been from the beginning and in all times coming in itself null and of no strength, together with the act of annexation of parliament of the lands of the said late Sir James to the crown, with all that followed thereupon, because the said pretended act of adjournal, process and sentences of forfeiture foresaid deduced against him by strength and vigour for allegedly shooting and for the emission of guns out of the palace of Linlithgow at the proper person of our late sovereign lord, and art and part of the treasonable invention and plotting of the death and slaughter of his noble person at the time he spoke with the late Archibald Douglas and James Douglas of Parkhead at St Leonard's Chapel beside Edinburgh, as is contained in the said process of forfeiture given by virtue of a pretended dittay, which is utterly general, uncertain and inept, not specifying or qualifying the time, day and year of the said alleged treasonable plotting or consultation of the pretended crimes of lese-majesty, not specifying what cause and crimes the said late James, as common traitor and conspirator against the person of our late sovereign lord, his realm and lieges, which of the common law and daily practice should have been expressed, and, therefore, the same is uncertain and general, as was clearly understood by my lord governor and the three estates of parliament; and, therefore, decrees the said James, as son and heir of the said late James, to be restored and reinstated, and restores and reinstates him in entirety against the said act of adjournal, process and doom of forfeiture, and he, as son and heir foresaid, is to succeed to his lands, offices, lordships, goods, moveable and unmoveable, as lawfully as if the said pretended sentence of forfeiture had never been led and proclaimed against the said late James for the causes foresaid, and letters to be directed hereupon to make publication at all places needful of this present declaration and retraction of the said act of adjournal, process and doom of forfeiture done and given by judgement of parliament in the appropriate form.
[1543/12/48]*[print] [email] [cite] [preceding] [following]
Regarding the summons raised at the instance of Margaret Forrester, widow of the late James Colville of East Wemyss, knight, James Colville, his first lawful son, and the remainder of the sons and daughters of the said late James and his curators underwritten, that is to say William [Colville], abbot of Culross, David Bruce of Clackmannan, Masters Hugh Rigg and James MacGill [of Nether Rankeilour], for their interest, against James [Hamilton], earl of Arran, lord Hamilton, tutor to the queen's grace and governor of her realm, Master Henry Lauder [of St Germains], her grace's advocate, and Thomas Menzies of Pitfodels, her comptroller, and all others having interest thereto, to produce the pretended process, decreet and doom of forfeiture led and given in presence of our late sovereign lord, whom God absolve, and the three estates of the realm in the parliament held at Edinburgh on 14 March 1541, discerning the said late James Colville of East Wemyss, knight, to have incurred the pains of the crime of lese-majesty in the treasonable disobedience of the command of our said late sovereign lord, to have entered himself in ward within the castle of Blackness and passing out of the realm in the company of Archibald [Douglas], sometimes earl of Angus, and George Douglas, his grace's rebels, treating with them for his destruction, his subjects and realm and, therefore discerning the memory of the said late James to be deleted and all of his goods, moveable and unmoveable, lands and other things that he had at the time of the alleged committing of the said pretended crime and continually thereafter pertaining to him until his death, and also all and sundry his goods conveyed by him to his wife and bairns after the said crime, to remain perpetually with our said late sovereign lord, as is contained in the said decreet; and to hear and see the same and doom of forfeiture foresaid by judgement of the three estates of parliament be retreated, made void and annulled, together with the annexation to the crown of the lands of the said late James and the confiscation of all his goods, moveable and unmoveable, with all that followed thereupon, and the memory of the said late James to be reinstated and restored in entirety as it was before the giving of the said pretended decreet, process and doom of forfeiture, so that the said Margaret and James, her son, and the remainder of the bairns may succeed to the said late James, to his lands and to have all his goods by reason of his death, which they might have had by the laws of this realm before the giving of the said pretended decreet, process and doom of forfeiture, and also they are to be restored to their fame, dignities and offices as if the said decreet had never been given for the reasons and causes following. First, by the common law and custom of this realm, when minors are called in judgement, the judge ought to give curators in lawsuits to the said minors for their defence, otherwise the sentence or decreet given against such undefended minors ought to be retreated; but so it was that the said James Colville and the remainder of his sisters and brothers were all minors, that is to say the eldest of them was 8 years of age when they were called in judgement for the said cause before our late sovereign lord and his justice, and when they compeared in judgement there were no curators in lawsuits given to them, but the said pretended decreet was given against them as undefended minors. Secondly, because the same was given by reason that the said late James associated in company with Archibald, sometimes earl of Angus, and George Douglas, his brother, within parts of England in a treasonable manner, as in the libel, summons and decreet of forfeiture given thereupon at more length is contained, which reason and libel are general, inept and uncertain, not specifying the time when they were in company together, nor specifying the kind of the treasonable manner of fellowship with the said Archibald and George within the parts of England, nor yet in what certain place the same was done, which ought to have libelled by the common law in a criminal action, otherwise the defence was taken from the party and a sentence given on such a general libel ought to be retreated and reduced, and for other diverse reasons and causes as at more length is contained in the said summons, the said Margaret and James, her son, and his curator above-written, being personally present, my lord governor and advocate being also personally present, the said comptroller and all others for their interest being lawfully summoned to this action, often times called and not compearing, as the endorsements of the said summons purport, of the which the tenor follows:
On 12 October 1543, I, Bute pursuivant, one of the sheriffs in that part within-written, passed at the command of these our sovereign lady's letters of summons and summoned one noble and mighty lord James, earl of Arran, lord Hamilton, our said sovereign lady's tutor and governor of her realm, personally apprehended, to compear before our said sovereign lady's tutor and three estates of her realm in her highness's next parliament to be held in the burgh of Edinburgh, in the tolbooth of the same, on 5 December 1543, in the hour of cause, with continuation of days, to answer at the instance of Margaret Forrester, the widow of the late James Colville of East Wemyss, knight, James Colville, his son and heir, and the remainder of the sons and daughters of the said late James and their curators, to hear and see the pretended sentences, decision and decreet of forfeiture allegedly led, given and pronounced in our said sovereign lady's most noble father's parliament of good mind, whom God absolve, held at Edinburgh on 14 March 1540 [1541], against the said late James Colville, as at more length is contained in the said pretended process, and to hear and see the same retreated, rescinded and discerned by decreet and judgement of parliament foresaid to be have been from the beginning and to be in all time coming of no value, force nor effect, and the said James's memory to be restored and reinstated in entirety as it was before the said process and decreet of forfeiture was given, and the said persons to succeed to his heritage likewise as if he had never been forfeited, for diverse reasons and causes contained in these our sovereign lady's letters of summons, after the form and tenor of the same, and to answer all the points and articles contained therein. This I did before these witnesses: David Hamilton of Broomhill, David Hamilton of Preston, Master Robert Hamilton, Patrick Kincaid and Master Peter Galbraith, with diverse others. On 13 October 1543, I, the said Bute pursuivant, sheriff in that part foresaid, passed at the command of these our sovereign lady's letters of summons and summoned Master Henry Lauder [of St Germains], advocate to our sovereign lady, and Thomas Menzies of Pitfodels, her highness's comptroller, for her interest and in her name, both personally apprehended, and also passed to the market cross of the burgh of Edinburgh and there, by open proclamation, summoned all persons having or pretending to have interest in the action and matter within-specified, to compear before our sovereign lady's tutor and governor and three estates of her realm in her highness's next parliament to be held at the day and place foresaid, in the hour of cause, with continuation of days, to answer at the instance of the said Margaret Forrester, widow of the said late James Colville, James Colville, her son, and the remainder of the persons foresaid, to all the points and articles contained in these our sovereign lady's letters of summons after the form, tenor and effect of the same, with intimation to those as are specified within, and delivered the authentic copy hereof to the said Master Henry Lauder, advocate foresaid. This I did before these witnesses: Sir James Christieson, Duncan Wilson, Master William Shaw, John Auchmuty, burgess of Edinburgh, Richard Kilgour, Master James Wemyss, George Good, James Lindsay, Master Nicholas Robeson, Duncan Wilson and Sir James Christieson, with diverse others. Upon 15 October 1543, I, the said Bute pursuivant, sheriff in that part foresaid, passed at command of these our sovereign lady's letters of summons to the market cross of the burgh of Stirling and there, by open proclamation, summoned all persons having or pretending to have interest in the action, matter and cause within-specified, to compear before our said sovereign lady's tutor and governor foresaid and the three estates of her realm in her highness's next parliament to be held at the day and place foresaid, in the hour of cause, with continuation of days, to answer at the instance of the said Margaret Forrester, widow of the said late James Colville of East Wemyss, knight, James Colville, his son, and the remainder of the persons foresaid, to all the points and articles contained in these our sovereign lady's letters of summons after the form, tenor and effect of the same, with intimation to those as are specified within. This I did before these witnesses: Robert Forrester [of Boquhan], provost of Stirling, John Graham, James Johnston, Master James Erskine, John Lockhart, Alexander Gow and James Gall, with diverse others. Upon the same 15 October 1543, I, the said Bute pursuivant, sheriff in that part foresaid, passed at command of these our sovereign lady's letters of summons to the market cross of Clackmannan and there, by open proclamation, summoned all persons having or pretending to have interest to the action, matter and cause within-specified, to compear before our said sovereign lady's tutor and governor and the three estates of her realm in her highness's next parliament to be held at the day and place foresaid, in the hour of cause, with continuation of days, to answer at the instance of the said Margaret Forrester, widow of the said late James Colville of East Wemyss, knight, James Colville, his son, and the remainder of the persons foresaid, to all the points and articles contained in these our sovereign lady's letters of summons after the form, tenor and effect of the same, with intimation to those as are specified within. This I did before these witnesses: John Bruce, younger, Gilbert Weddell, Thomas Biggam, Andrew Miller, Gilbert Blyth, Henry Clark, Robert Cowston, James Malcolm, Thomas Gardiner, Patrick [Bruce], elder, John Bruce, younger, with diverse others. Upon 17 October 1543, I, the said Bute pursuivant, one of the sheriffs in that part foresaid, passed at the command of these our sovereign lady's letters of summons to the market cross of the burgh of Cupar and there, by open proclamation, summoned all persons having or pretending to have interest to the matter, action and cause contained within to compear before our said sovereign lady's tutor and governor and the three estates of her realm in her highness's next parliament to held in the tolbooth of Edinburgh on the day specified above, in the hour of cause, with continuation of days, to answer at the instance of Margaret Forrester, widow of the said late James Colville of East Wemyss, knight, James Colville, his son, and the remainder of the persons specified above to all the points and articles contained in these our sovereign lady's letters of summons after the form, tenor and effect of the same, with intimation to those as are specified within. This I did before these witnesses: David Lindsay of the Mount, knight, king of arms, John Douglas, his servant, James Gall, with diverse others, and for the more witnessing to these my executions and endorsements, my signet is affixed.
And the said endorsements and executions being lawfully and sufficiently proved in the face of parliament by the officers and witnesses contained in the same of before, as an act made on 4 December 1543 purports, the parties present, their rights etc., my 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 decreet,† sentence, process and doom† of forfeiture led in the said matter, together with the annexation to the crown of the lands of the said late James and confiscation of all his goods, moveable and unmoveable, with all that followed thereupon, and reinstates and restores in entirety the memory of the said late James as it was before the giving of the said pretended decreet, process and doom of forfeiture, so that the said Margaret and James, her son, and the remainder of the bairns may succeed to the said late James and to his† lands, and to have all his goods by reason of his death, which they might have had by the laws of this realm before the giving of the said pretended decreet, process and doom of forfeiture,† and therefore restores them to their fame, dignities and offices as if the said decreet had never been given for the reasons and causes foresaid, and that letters be directed hereupon to make publication at all places needful of the present declaration and retraction of the said decreet, sentence and doom of forfeiture done and given by judgement of parliament as said is in the appropriate form.