Judicial proceeding: judgement of a dispute between the abbot of Scone and two freeholders of Kinfauns

Act of parliament of our most serene prince, the lord James, by the grace of God illustrious king of Scots, held at Edinburgh on 13 May 1426 and the twenty-first year of his reign, with continuation of days. The venerable father Adam [de Crannach] abbot of the monastery of Scone, on one side, and Robert de Ross and Thomas Charteris, freeholders of the lands of Kinfauns in the sheriffdom of Perth, on the other side, compearing in the presence of certain persons specially deputed by the king and parliament for hearing and determining the complaints of the king's lieges, the said abbot brought forward a serious complaint, that the said Robert and certain other freeholders of the lands of Raith and Kinfauns have unjustly detained and are still detaining the second teinds of the fermes of the foresaid lands, due to his monastery, from him and his monastery for a long time. And, to prove the case of the said abbot, he produced letters of the lord Robert II, king of Scots, of honourable memory and caused [them] to be read through in the presence of the said persons. The tenor of which letters follows in these words:

Robert, by the grace of God king of Scots, to his sheriff and bailies of Perth, greeting. Because our rolls of accounts, diligently seen and inspected by our mandate, make fully clear to us that both in the time of the lord Robert [I] of honourable memory, our grandfather, and of the lord David [II], our uncle, kings of Scots, our illustrious predecessors, the religious men, the abbot and convent of Scone, were in peaceful possession of the receipt of the second teinds of the fermes of the lands of Raith and Kinfauns in your bailiary, both at the time that the said lands were leased at a ferme of corn and also when [they were leased] at a ferme of money, we order and command you that, justly and without delay, you compel the said lands and the freeholders of the same to make satisfaction to the said religious men concerning the said second teinds for the whole time past in which payment was clearly held back, and similarly concerning terms and times in the future. With the proviso that it should not be necessary for the said religious men to complain to us further concerning this as a result of your failure. In testimony of which we send you these our letters patent. Given at Edinburgh on 8 May in the second year of our reign [1372].

Which [letters] having been read through, and the reasons of both parties heard and understood, the said persons chosen by parliament, from the aforementioned mature deliberation, decreed similar letters to be made and given under the great seal of our lord the present king, to be sent to the same abbot, sheriff and his bailies of Perth for compelling the foresaid Robert and the other freeholders and inhabitants of the said lands of Raith and Kinfauns that, notwithstanding their allegations put forward in the course of the case, they should make amends to the said abbot and his monastery concerning the aforementioned second teinds according to the tenor of the aforesaid kings' letters. Given under the testimony of the great seal of the foresaid lord, our king, at Edinburgh, at the instance of the said abbot, on 28 May in year of our Lord and of the reign of the king foresaid.

  1. NLS, Cartulary of Scone, Adv. Ms 34.3.28, ff.42 r-v. Back