[1527/8]¹

Judicial proceeding: reduction of forfeiture

Anent the summondis rasit at the instance of Johnne Striveling, sum tyme of the Keir, knycht, aganis Maister Adam Ottirburne of Auldhame, advocate to oure soverane lord, and aganis George Douglas, bruther germane to ane noble and mychty lord Archibald, erle of Anguse, James Hammiltoune of Fynnart, knycht, Williame Menteithe of the West Kerse, allegit donatouris to our said soverane lord in that part, of all and sindry landis, rentis and gudis, movable and unmovable, of the said Johnne Striveling be resoune of the dome of forfaltour gevin aganis the said Johnne and ilkane of thame for thare interesse, and als againis all utheris haifand or traistand to have interesse tharintill, to heire and see the said pretendit dome and process of forefaltour gevin aganis the said Johnne in the parliament haldin at Edinburgh, the nynetene day of the moneth of November last bypast, adjugeand and decernand the said Johnne Striveling to have committit and incurrit the cryme of leise majestie in diverse punctis and articulis contenit in the said dome of forefaltour. That is to say, for the tresonable art and part of making of oppin proclamaciounes for convocacioune and convencioune of oure soverane lordis liegis, to have tane our soverane lordis persoune, usurpand oure soverane lordis auctorite riall, and for the tresonable art and part of convocacioune of oure said soverane lordis liegis at his burgh of Striveling be his labouris, counsale, assistance and evil ingyne, movand the pepill to sedicioune and divisioune aganis the commoune wele of the realme, and for the tresonable art and part of the rasing and leding of ane hoist and army enterand in batell and fechtand at the burgh of Linlythqw, oure said soverane lord being present in propir persone and his baner displayit, and cumand aganis his graice, and his trew lordis and baronis being with him,² be command of his lettrez for desencioune of his maist nobill persone, quharethro³ slauchteris and diverse evil arrisinge in greit scaith to this realm and the commone wele therof; decernand, therfor, the said Johnne to haif his life and all and sindry his heretage, annuale rentis, giftis, possessiounes, wardis, mariage and supioriteis, office, landis and all his gudis, movable and unmovable, to oure soverane lordis use and utilite, his successouris and assignais, to be perpetualy applyit and,⁴ at his will, disponit, as in the said dome of forefaltour is at mair lenthe contenit, with all that followit therapone, to be cassit, adnullit, retretit, decernit and declarit of na strenthe, force nor effecte fra the beginning and in tyme tocum, and als to heire and see the said Johne Striveling declarit be oure said soverane lord, with the avise and counsale of the thre estatis of his realm, to be restorit to the faitht and peax of his hieness and to all and sindry his landis, annuale rentis, possessiounes, wardis, mariage, dominionis, office, superioriteis, richtis, actiouns, fame, honour and digniteis, gudis movable and unmovable, and all uther thingis in the samyn stait and plaice that he was in before the geving of the said dome of forfaltour aganis him and siclyk as the samyn had nocht bene gevin for diverse resonis and causis. In the first, because the said pretendit dome and process was led and gevin⁵the said xix day of November aganis the said Johnne Striveling, he being summond be Archibald Hoge and Johnne Gourlay, messingeris, at his duelling plaice of the Keire and at the mercat cross of Striveling be opin proclamacioune before mony personis and famous witness to compere the xx day of the said moneth of November, as the copy of the summondis gevin to him therapone proportis, and the said dome of forefaltour was gevin aganis the said Johnne the said xix day or November, as the samyn beris in the self, quharethrow the said dome and process was and is null, gevin aganis him before the day and terme he was summond to, and for diverse uther causis lyke as at mair lenthe is contenit in the said summondis. Our soverane lord, comperand in parliament be Maister Adam Ottirburne, his advocate foresaid, the saide George Douglase, James Hammiltoune of Fynnart and William Menteith of West Kerse being personaly present, and all uther haifand or traistand to have interesse in the said mater being lauchfully summond be oppin proclamacioune to the samyn, oft timez callit and nocht comperit, the richtis, resonis and allegaciounes for oure soverane lord and partiis present being allegit and schewin, the foresaid summondis and punctis therof was putt to the sensement and deliberacioune of⁶ the saidis thre estatis of parliament, and thaim therwyth, beinge at lentht riplie avisit, all in ane voce wythout variance, gaif thare sentence and decrete of parliament, resindand and retretand the said dome of forfaltour gevin aganis the said Johnne Striveling at Edinburgh, the said xix day of November, yere of God foresaid, and resindis, retretis, reducis, cassis, adnullis and declaris the samyn,⁷ with all that followit therapone, to have bene and be fra the beginning of nane avale, force nor effecte in tyme tocum; and findis and deliveris that the said pretendit dome of forfaltour was injustlie and wranguislie led aganis the said Johnne Strvieling', because⁸ the samyn was led and gevin aganis him the said xix day of November in the yere of God j^M v^C and xxvj yeris, he beinge summond to the xx day nixt therefter of the samyn moneth to ansuere to the pretendit summondis led aganis him in the said matere, as was clearlie previt in presence of the kingis graice and thre estatis foresaid, and gevin aganis the said Johnne Striveling by all ordour and process of law as contra non citatum et ante terminum in citacione contentu, and procedit and gaif dome therapoune the said xix day before tua houris efter none, and albeit etc., as was inlykwyse understand to the kingis graice and estatis foresaid, and, therfore, restoris, reponis and reintegratis the sad Johne Striveling to his honour and to all and sindry his landis, annuale rentis, possessiounes, wardis, mariagis, dominionis, office, superioriteis, fame and digniteis, gudis, movable and unmovable, and to all uther thingis siclyk and in als ample manere as he was before the gevin of the said pretendit dome of forfaltour, and that lettrez of declaracioune and publicacioune be gevin therapone in the best and largeast forme as efferis.