[1426/2]*[print] [email] [cite] [preceding] [following]
In the first, that [for] the honour and worship of God Almighty, that the holy church and its ministers enjoy the old privilege and freedoms, and that no man let them set their land nor their teinds under all pain that may follow by spiritual or temporal law.
[1426/3]*[print] [email] [cite] [preceding] [following]
Of raising yields
Item, it is consented and ordained by the whole parliament that a general yield be taxed and raised through the whole realm of all manner of goods, both spiritual and temporal, no lords' demesnes, burgess houses, church lands or other goods excepted, saving only house utensils, ridden horses and drawing oxen, in manner and form as the first contribution was appointed for this end, until full payment is made to our sovereign lord's finance. And that taxers tax all goods and rents, beginning each year eight days before Lammas. And that taxers of the yield cause parish kirks and the country to be warned eight days [before] they come. And that they cause the husbands of each town, and of the town next to it if need be, to swear upon the holy evangels and give up their neighbours goods loyally. And at the time of the taxing of his own goods he shall be removed, when they are given up by his neighbours, until his goods are taxed. And anyone who absents himself wilfully from the making of the taxation of his goods shall pay a double yield of all his goods, and notwithstanding underlie the taxing of neighbours. And if any lord or gentleman holds any lands in his hands, his lands and goods shall be taxed before loyal men dwelling next about him, and they [shall be] warned as is written before.
[1426/4]*[print] [email] [cite] [preceding] [following]
Of disobeying the raising of the king's taxes
Item, as concerning those that have disobeyed the taxing and raising of the contribution for the king's finance, the presidents of the parliament refer them to the act of the parliament held before.
[1426/5]*[print] [email] [cite] [preceding] [following]
Of harness to be brought home
Also it is ordained by the king and the parliament that all merchants of the realm passing overseas in merchandise bring home, as he may well suffer according to the quantity of his merchandise, harness and armour, with spear shafts and bow shafts; and that this be done by each of them as often as they happen to pass over the sea in merchandise.
[1426/6]*[print] [email] [cite] [preceding] [following]
Of the laws, that none be but the king's laws
Also it is statute by the king and ordained with the whole assent of his parliament and the three estates that all and sundry lieges of the king in the realm of Scotland live and be governed generally under the king's laws and statutes of the realm, and under no particular laws nor special privileges, nor by the laws of other countries or realms.
[1426/7]*[print] [email] [cite] [preceding] [following]
Item, it is statute by the king and his parliament that all and sundry, both men and women of his realm, to whom he granted letters of new infeftment, confirmation or protection, given under his whole and great seal, from the time of his entry into his realm out of England until this day, present their letters to the king or his deputes ordained to this end within the space of four months next following, so that they may be put in his register for perpetual memory. And whoever does not present the said letters within the said four months, from that time forward those letters shall be of no value, force nor effect for them.
[1426/8]*[print] [email] [cite] [preceding] [following]
Of holding money in the realm
Also it is ordained concerning the holding of money in the realm that no man take gold or silver out of the realm unless he pays 40 d. of each pound to the king for custom, under the pain of forfeiture of all the gold and silver that is found with them, and of £10 to the king for the unlaw. And any foreigner that sells merchandise in the realm and takes money in return, he shall have witnessing of the host of his inns that he spends all such money in pennyworths of the realm, or else pays the forsaid custom to the king, under the forsaid pain. And, for the keeping of this statute, that the king or his chamberlain, in each town where such foreigners stay, depute two sufficient men, both to see the entering of these goods, and to hear the reckoning of them, and to receive the king's customs and other things that pertain thereto, and to make reckoning thereof in the exchequer.
[1426/9]*[print] [email] [cite] [preceding] [following]
That no officer, nor he that indicts any man, pass on his assize
Also the king with the consent of his parliament forbids that any man that has office in any court, or anyone that indicts any man for [any] manner of action, be on his [own] assize that will endure the law, under the pain of an unlaw of that court.
[1426/10]*[print] [email] [cite] [preceding] [following]
Of keeping the king's peace
Also it is ordained by the king and the parliament that, for the keeping of the king's peace among his lieges and subjects, that the statute made thereupon in the first parliament†of our lord, the king, be generally kept throughout the realm with this addition: that as soon as any complaint is made, by any person, either to justice, sheriffs, bailies of burghs or other officers of the law to whom it pertains, that the king's peace is broken upon him, the said officer of the law, whatever he is, shall in all goodly haste cause both parties to be summoned before him, and cause diligent enquiry without any favour, whether that deed was done by forethought felony [or through sudden chaudemella. And if it is found to be forethought felony], the trespasser shall be challenged immediately for breaking the king's peace by the officers of the law, who shall cause the hurt party to be fully compensated after the quantity of the harm that he has sustained. And thereafter the life and goods of the trespasser will be at the king's will, to whose prison he shall be sent immediately. And if the trespass was done from sudden chaudmella, the party harmed shall follow the trespassing party according to the old laws of the realm.
[1426/11]*[print] [email] [cite] [preceding] [following]
Of presence in parliament
Also the whole parliament has decreed that all prelates, earls, barons and freeholders of the king within the realm, since they are held to give presence in the king's parliament, be held from hence forth to appear in their own persons, and not by a procurator, unless that procurator alleges and proves a lawful reason for his absence.
[1426/12]*[print] [email] [cite] [preceding] [following]
Of attorney to the justice ayre
Also it is ordained by the parliament that nobody be admitted to be an attorney in the justice ayre unless he is an honest, sufficient person of discretion for that office, who shall be known through the justice and the barons then being present if there is any doubt about him.
[1426/13]*[print] [email] [cite] [preceding] [following]
Item, it is ordained by the parliament that six wise and discreet men from each of the three estates, who know the laws, shall be chosen, who, since fraud and deception ought to help no man, shall see and examine the books of law of this realm, that is to say Regiam Majestatem, Quoniam Attachiamenta, and ordain that all lawful exceptions of law be admitted, and all frivolous and fraudulent exceptions be repelled and refused by the judges, so that causes are not prolonged wrongly to the harm and prejudice of the party and fraud of the law.
[1426/14]*[print] [email] [cite] [preceding] [following]
Note concerning hostelries in burghs and towns
Item, by way of hostelries in burghs, towns and thoroughfares (meaning that the king finds that his lieges travelling in the realm, when they come to burghs or thoroughfares, do not lodge themselves in hostelries but with their acquaintances and friends), the king, from the deliverance of the council and the consent of the three estates, forbids that any liegeman of his realm, travelling through the country on horse or on foot, from the time that the common hostelries are made, harbour or lodge themselves in any place other than in the said hostelries (except persons that lead many with them in company, who shall have the freedom to lodge themselves with their friends), so that horses and men be harboured and lodged in the common hostelries. And also it is ordained that no burgess or inhabitant in a burgh or thoroughfare receive or admit any such travellers or foreigners, but only common hostelries, under the pain of 40 s. to the king for the unlaw.
[1426/15]*[print] [email] [cite] [preceding] [following]
Note concerning the orations and processions to be made for the king
Item, since previously the estate of the clergy wilfully granted to cause certain orations to be made through all their subjects for our lord, the king, our lady the queen [Joan Beaufort], and their children born of them, therefore, having considered now the great favours and gracious zeal and maintenance that our said sovereign lord, the king, bears and shows to the holy church and its ministers, the said whole estate of the clergy has wilfully granted that each bishop of the realm shall cause it to be ordained and statute in the next 'seigne' that each priest, whether religious or secular, of his diocese, shall say certain collects each time he says mass for the prosperity of our said lord, the king, our lady, the queen, and their children, under a certain pecuniary pain and censure of the holy church. And that they shall make a general statute thereupon at their next general council of the clergy.
[1426/16]*[print] [email] [cite] [preceding] [following]
Item, it is ordained by the king, with the consent of the three estates in his parliament, that there shall be certain measures, bolls, firlots, half firlots, peck and gallon, which shall be used generally through all parts of the realm, and which shall be given out at Edinburgh at the end of the parliament continued there. And these measures will begin to be used on the first day of September next to come. And thereafter the king also forbids that any other measure be used in his realm, under all pain that may follow afterwards.
[1426/17]*[print] [email] [cite] [preceding] [following]
Item, the king and the parliament have ordained that a stone be made for things to be sold and bought by weight, which shall weight fifteen loyal Troy pounds. And the stone shall be divided into sixteen Scottish pounds. And from it there shall be ordained half stone, quarter, half-quarter, pound and half-pound, and other lesser weights according thereto, with which all buyers and sellers of goods within the realm shall sell and buy goods of weight within the realm, and with no manner of other weights from Whitsun next onwards. And thereafter these forewritten weights shall have course.
[1426/18]*[print] [email] [cite] [preceding] [following]
Of the water metts †to stand
Also it is ordained by the king and the parliament that the water metts that now exist shall stand and remain in the realm in time to come in each place, and there be ordained by the alderman and the bailies of each burgh where a water mett is used a loyal man, sworn of the town, to mett all sellable goods that are sold by measure coming by water, coals as well as other goods. And that the sellers not intromit themselves in the metting of such goods.
[1426/19]*[print] [email] [cite] [preceding] [following]
Item, the king and the parliament ordain that all boatmen [and ferrymen] where horses are ferried shall have a bridge of trees for each boat with which they may receive travellers' horses in their boats, throughout the realm, without harm, under the pain of 40 s. of each boat from next Whitsun onwards.
[1426/20]*[print] [email] [cite] [preceding] [following]
Note concerning wappenschaws
Item, it was ordained in the second parliament of our said sovereign lord that each sheriff of the realm should cause wappenschaws to be made four times each year in as many places as were beneficial within his bailiary, but the manner in which wappenschaws should be received was not appointed. Our lord, the king, through the whole ordinance of his parliament statutes that each gentleman having £10 worth of land or more be sufficiently harnest and armed with basinet, whole leg harness, sword, spear and dagger. And gentlemen having less extensive lands or no lands shall be armed according to their goodly power at the sight and discretion of the sheriffs. And honest yeomen having sufficient power that wish to be men of arms shall be harnest sufficiently after the discretion of the sheriffs, but all other yeomen of the realm, between sixteen and sixty years of age shall be sufficiently bowed and shoed with sword, buckler and knife. And that all burgesses and dwellers within burghs of the realm in like manner be armed and harnest and make weaponshaws within the burghs of the realm in like manner four times a year before their alderman and their bailies. Upon which the chamberlain and his deputes shall know that all secular men of the realm be well purveyed of the foresaid harness and weapons by the feast of the nativity of our Lord Christ next to come under the following pain. That is to say, of each gentleman that defaults at the first wappenschaw, 40 s., and at the second default another 40 s., and at the third default £10, and as much as often as he defaults afterwards. And of each bowman, at the first default, 10 s., and at the second default, 10 s., and the thirds 40 s., and so forth as often as he is found in default afterwards.
[1426/21]*[print] [email] [cite] [preceding] [following]
Note concerning sailing to Ireland
Item, as to the passage between Scotland and Ireland, it is seen as beneficial by the king's council that bidding be given by the king to all the lords, sheriffs, and all other officers upon all the frontiers of Scotland lying towards Ireland, that no ships, galleys, nor men pass out of this land to Ireland without special leave of the king's deputes, which shall be ordained at each haven. And for two causes: principally since the king's notorious rebel is†given shelter in the 'Erischry' of Ireland, and for that reason passengers passing to him or from him might do prejudice to this realm. Another reason is that the men that are under the 'Erischry' subject to the king of England spy on the private matters of this realm and do great prejudice, as is written before, etc.
[1426/22]*[print] [email] [cite] [preceding] [following]
Note concerning Ireland
Item, it is seen as beneficial that of any shipman of Scotland passes with licence of the king's depute into Ireland, that he receive no man into his ship to bring him to the realm of Scotland unless that man has a letter or certainty from the lord of that land where he enters the ship, recording the reason why he comes into the realm, etc.
[1426/23]*[print] [email] [cite] [preceding] [following]
Item, when he comes in any Scottish haven, that he ride at anchor and hold within the ship all men that he brings with him, until he has sent for the king's depute or the bailie of the town of the haven that he has entered, that then men may examine and see on the king's behalf those persons, and what charge they have by letter or in other ways whether it is to the profit or prejudice of the king and the kingdom. And of any prejudice of deed be found, they shall be arrested and put in the sheriff's prison until the king has done his will on them, etc.
[1426/24]*[print] [email] [cite] [preceding] [following]
Note concerning Ireland
Item, that it be made manifest by the king's deputes upon those frontiers that this is not done for hatred, nor for breaking of the old friendship between the king of Scotland and his lieges and the good old friends of the 'Erischry' of Ireland, but only to avoid the forsaid peril. And if any man attempts in the contrary of this, his goods shall be escheat to the king and his body put at the king's will, etc.
[1426/25]*[print] [email] [cite] [preceding] [following]
[Group C Version]
Of hearing complaints
Also the king, with the whole consent of his parliament, has ordained that his chamberlain, and with him certain discreet persons of the three estates, shall sit on fourteen days in each quarter of the year where the king wishes to command them, which people shall hear, know, examine and determine all and sundry complaints that may be decreed and determined before the king's council. And that these persons be chosen by the king and have their expenses paid by the party found to be at fault, or in other ways if it pleases the king.
[Group D Version]
Note concerning the sessions to be held three times a year by the chancellor
Item, our lord the king, with consent of his parliament, has ordained that his chancellor, and certain discreet persons of the three estates with him, chosen and deputed by our lord the king, shall sit henceforth three times a year where the king wishes to command them, which persons shall know, examine, conclude and finally determine all and sundry complaints, quarrels and causes that may be determined before the king's council. Which persons shall have their expenses paid by the parties found at fault, and from their unlaws, or in other ways as is pleasing to our lord the king.
[1426/26]*[print] [email] [cite] [preceding] [following]
First session
Item, the first term of the three terms beginning on the morning after the feast of St Michael the Archangel [29 September], that is to say the last day of the month of September next to come, with continuation of following days as is beneficial.
[1426/27]*[print] [email] [cite] [preceding] [following]
Second session
Item, the second term beginning the Monday of the first whole week of Lent, with a similar continuation of terms.
[1426/28]*[print] [email] [cite] [preceding] [following]
Third session
Item, the third term beginning on the morning after the feast of the birth of St John the Baptist [24 June] with a similar continuation of days and terms, as is said before.
[1426/29]*[print] [email] [cite] [preceding] [following]
Concerning [idle men ...] and not [...] being seen, that they not be harboured
Item, the king, with the consent of his parliament, has ordained and statute that each sheriff of the realm inquire diligently within his bailiary if any idle men that do not have [enough] of their own to live on are harboured within the land. After which inquisition the sheriff shall cause such idle men to be arrested and cause them to be kept in custody until it is known what they live on, and that the country is unharmed by them. And to this end the sheriff shall receive good and secure sureties, after which sureties are found the sheriff shall assign forty days to such idle men to get themselves masters, or to attach themselves to lawful crafts. And those forty days being over, if they are found more idle, the sheriff shall arrest them again and send them to the king's prison to remain and be punished at the king's will. And that this be done both in burghs and on the land through the whole realm, etc.
[1426/30]*[print] [email] [cite] [preceding] [following]
Note concerning the execution of the acts of parliament to be made by the sheriffs
Item, the king, with the consent of the three estates of the realm, has ordained that all statutes and ordinances of the this parliament and of the two preceding parliaments be registered in the king's register and given to the sheriffs. Which statutes and ordinances each sheriff is held to publish openly in the chief place of his sheriffdom, and in other notable places, and also to give copies of them both to prelates, barons and burghs of his bailiary at the askers' expense. And that each sheriff cause the tenor of this act to be kept under pain of the privation of his office. And that each sheriff bid the people of his bailiary openly, both on the land and in burghs, to keep and fulfil all the statutes and ordinances maid in the said three parliaments under the pains contained in their acts, so that none have cause to pretend nor allege any ignorance, etc.