[1538/14]¹

Procedure: asking of instruments, protests

Master Hugh Rigg, burgess of Edinburgh, asked instruments that James Colville of Easter Wemyss, knight, produced before my lords commissioners of parliament a writing subscribed by the king's grace and under his signet, together with an act of the lords of council containing the whole effect of the said writing, charging him and certain others, his colleagues, to procure for the said James and that he, at the command of our said sovereign lord and thereafter of the lords of his council, would gladly obey under protestation that he incurs no crime or other displeasure through his procuration in the said matter, considering he was charged by the writing of his grace the king as is said.

[1538/15]²

James Colville of Easter Wemyss, knight, protested that he might first declare to the lords of parliament his innocence or he refused to answer the summons.

[1538/16]³

The said James Colville [of Easter Wemyss, knight] asked instruments that my lord [James Stewart], earl of Moray, justice, and our sovereign lord's advocate said that they would let the two last points contained in the summons of treason raised by the king's grace against him pass by at this time and not pursue him thereof, that is to say, for the treasonable favour, assistance and counsel given to the Douglases and for the treasonable communication with George Douglas in Newcastle, as is contained in the said summons.

[1538/17]⁴

On the which day, regarding the summons of treason raised at the instance of our sovereign lord and [James Stewart, earl of Moray], his justice, against James Colville of Easter Wemyss, knight, then his comptroller and director of his chancellery, for the treasonable favour, assistance and help given and granted to the late Archibald Douglas, then of Kilspindie, our sovereign lord's rebel and traitor, because the said James, after it was concluded and determined by the lords of our sovereign lord's secret council, of which the said James was one present for the time, that the said late Archibald and Archibald [Douglas], sometime earl of Angus, and George Douglas, his brother, should be summoned for certain points of treason and crimes of lese-majesty, of which they were afterwards convicted, and also after the raising of the said summons out of our sovereign lord's chancellery, of which the said James was director for the time and thereby might not be ignorant of the same, he made and constitute Master John Chisholm, Sir William Brown and Robert Bruce, special friends, beloved servants and principal intromitters of the goods and errands of the said late Archibald Douglas, sometime of Kilspindie, and especially regarding his office of treasury of the customs of the burgh of Edinburgh and of the privy seal, his pretended cessioners and assignees in and to the ward, relief and non-entry of all and sundry lands and annualrents which pertained to the late John Kennedy of Culzean, being in the hands of his highness by his death, together with the marriage of the heirs or heirs of the said late John, as at more length is contained in the said simulated and feigned assignation made thereupon, of the date at Edinburgh, 14 July 1528, and that to the only utility and profit of the said late Archibald, sometime of Kilspindie, then being accused of treason and crimes of lese-majesty and, therefore, being removed from our sovereign lord's presence of longtime of before, and the summons raised thereupon as is said. That is to say that the said James perpetrated and obtained our sovereign lord's gift of the said ward, relief, non-entry and marriage of the sum of £500 or thereby, and that all the profits of the said ward, relief, non-entry and marriage should come to the only and particular profit of the said late Archibald, the said James made and constituted the foresaid Master John Chisholm, Sir William Brown and Robert Bruce his pretended, feigned and simulated assignees as is said, and after the convicting of the said late Archibald of the points of treason contained in the said summons, the said James solicited and caused the foresaid pretended assignees to renounce the said pretended, feigned and simulated assignation and resign the same in his highness's hands in favour of a reverend father in God William [Stewart], now bishop of Aberdeen, then parson of Lochmaben, and Archibald Stewart, his brother, for the sum of 800 merks to be paid by them, for payment of which the said Master John and Sir William took the said reverend father and certain others, his colleagues, as cautioners and fiduciary acted in the official's books of Lothian for the payment of the same at certain terms contained in the act made thereupon, and thereafter the said Master John received full payment of the foresaid sum from the said reverend father and his colleagues and converted the same to the only utility of the same late Archibald, and therefore the said James to hear and see himself to be discerned by the three estates of the realm to have incurred the pains of lese-majesty and therefore his goods, movable and immovable, and lands pertaining to him to be confiscated and escheat to our sovereign lord and with him remain in property forever, and the said James's person to bide the pain of death and of treason after the laws of the realm and after the form and tenor the said summons, as at more length is contained in the same. Which summons was first executed by John Gourlay, messenger, one of the sheriffs in that part contained in the same, by open proclamation at the market cross of the burgh of Edinburgh on 30 May 1539 before these witnesses Master Henry Lauder [of St Germains], advocate to our sovereign lord, Master Nicholas Robson, George Good and Master David Ireland, who being sworn by their great oaths, verified and proved the said execution and endorsement made upon the back of the said summons. And the said James Colville, being called to enter upon panel to underlie the judgement of parliament touching the crime foresaid contained in the said summons, the said James compeared and confessed himself summoned as is said, and touching the crime foresaid contained in the said summons, he, in presence of my lord Earl of Moray, justice in the said action, my lords commissioners and three estates of parliament being present for the time, submitted him purely and simply and referred him utterly to the will of his grace the king regarding the foresaid point⁵ contained in the said summons and to be weighed as his grace pleases. Upon which submission and reference, Master Henry Lauder, advocate to the king's grace, asked instruments, at the tenth hour before midday.⁶