[1428/3/2]*[print] [email] [cite] [preceding] [following]
On Friday 5 March
The king, with his council of the three estates, ordained and decreed that those that take merchandise out of the realm without paying custom, neither gold nor silver, whether they are are present and convicted or whether they are outwith the country, if the king has clear document thereof, that they be banished without any judgement, the other pains made against them nevertheless remaining in force. With the exception of those that are hostages for the king in England, for whose expenses the king shall ordain the manner in which they are to be made.
[1428/3/3]*[print] [email] [cite] [preceding] [following]
Item, the king, with the consent of his whole general council, has ordained that the small barons and freeholders need not come to parliaments or general councils, so that two or more wise men, according to the size of the sheriffdom, be sent from each sheriffdom, chosen at the head court of the sheriffdom, with the exception of the sheriffdoms of Clackmannan and Kinross, which shall send one each, who shall be called commissioners of the shire. And a wise and an expert man shall be chosen by the commissioners of the shires, called the common speaker of the parliament, who shall propose all and sundry needs and causes pertaining to the commissioners in the parliament or general council. Which commissioners shall have the full and plain power of the rest of the sheriffdom under the witnessing of the sheriffs seals, with the seals of diverse barons of the shire, to hear, treat and finally determine all causes to be proposed in council or parliament. Which commissioners and speakers shall have their expenses from those of each shire that owe compearance in the parliament or council, and of their rents each pound shall 'others' fellow' to the contribution of the said costs. All bishops, priors, dukes, earls, lords of parliament and banrents will be reserved by the king and summoned to his councils and parliaments by his special precept.
[1428/3/4]*[print] [email] [cite] [preceding] [following]
Item, concerning the men of crafts in burghs, it is seen as beneficial and the king, with his whole council, has ordained for a year that there be a warden chosen of every craft by the council of the burgh, who, with the counsel of other discreet unsuspected men assigned to him by the said council, shall examine and price the material and workmanship of each craft, and set it to a certain price, which, if anybody breaks it, the said warden shall punish the breakers in a certain pain; whom, if he does not punish, the alderman, bailies and council of the burgh shall punish in a certain pain; whom, if they [do not] punish, the king shall have a certain pain from the burgh. The pain of the breakers of the price shall be the escheat of the same thing of which the price was broken, one half of which is to be applied to the warden of the craft, and the other half to the common work of the burgh, where it seen as most expedient. The pain of the person who determines the price, if he is negligent and does not punish, shall be the unlaw of the burgh court as often as he is convicted, found culpable or at fault, shall be applied one half to the common purse of the town and the other half as is most expedient for the work of the town. The pain of the alderman, bailies and the council of each burgh that is negligent in the punishing of the warden, as often as they default, shall be £10 to the king, and shall be raised after they are challenged and convicted by the chamberlain or his depute in the chamberlain ayre once a year. Which ordinance shall be extended to masons, wrights, smiths, tailors, websters and all such others generally whose fees and handling shall be priced as is said before. Also to landward in sheriffdoms each baron shall cause pricing in their baronies, and punish the trespassers as the warden does in the burghs. And if the barons fail to do so, the sheriff shall punish the baron. And if the sheriff fails to do so, they shall be in amercement to the king in the same way as the alderman, bailies and council of the burghs. And the alderman, bailies and council of the burghs shall enquire each month at least whether the wardens of the crafts price well and punish trespassers. And if any man complains of an over large price, or of the breaking of the price made and set, to the alderman, bailies and council, that they punish the breakers of the price and cause the complaining party to be given compensation under the aforesaid pain, etc.
[1428/3/5]*[print] [email] [cite] [preceding] [following]
Item, the king has decreed, with the consent of his council, and has added to the statute of beggars made in his parliament, that in burghs the chamberlain in his ayre each year shall enquire if the alderman and bailies have kept the said statute. And if they have broken it, they shall be fined 40 shillings to the king.
[1428/3/6]*[print] [email] [cite] [preceding] [following]
Item, it is ordained and decreed by the king, with the consent of his whole council, that each baron within his barony, in the gaining time of the year, cause chase and seek the whelps of wolves and cause them to be slain. And the baron shall give to the man who slays them in his barony and brings the baron the head, two shillings. And when the baron ordains to hunt and chase the wolves, the tenants shall rise with the baron under the pain of a wether to each man not rising with the baron. And that the barons hunt in their baronies and chase four times a year, and as often as a wolf is seen within the barony. And that no man seek the wolves with shot, except only in the times of hunting of them, etc.
[1428/3/7]*[print] [email] [cite] [preceding] [following]
Item, the king, with the consent of the whole council, has continued for three years to come the statute concerning the putting away and destroying of cruives in waters that fill and ebb, in form and effect as the statute was in the first parliament.
[1428/3/8]*[print] [email] [cite] [preceding] [following]
Item, the king has granted to the merchants, where Scottish ships may not be obtained, that they may ferry their goods and their merchandise in ships from other countries as best they may, for a year, notwithstanding the statute made thereupon to the contrary.
[1428/3/9]*[print] [email] [cite] [preceding] [following]
Item, that no leper folk, neither man nor woman, from thenceforth enter nor come into any burgh of the realm except three times a week, that is to say each Monday, Wednesday and Friday, from ten hours until two after noon. And, where fairs and markets fall on those days, that they leave their entry to the burghs and go the next morning to get their living. Item, that no leprous folk sit to beg in kirk or kirkyard, nor in any other place within the burghs, except at their own hospital and at the port of the town and other places outwith the burghs. Item, that the bishops, officials and deans enquire diligently in their visitations of each parish kirk whether anybody is smitten with leprosy, and if any such person is found so smitten, that they be denounced to the king if they are secular, and if they are clerics to their bishops. And that the burgesses cause this statute to be kept under the pain contained in the statute of beggars; and any leper that does not keep this statute, that he be banished forever from that burgh where he disobeys [and in a similar manner to landward, etc].
[1428/3/10]*[print] [email] [cite] [preceding] [following]
Item, it is ordained that no cleric, religious or secular, pass out of the realm unless he comes to his ordinary first, [or then] to the chancellor of the realm and show him good and honest cause for his passage, and make faith to him that he will do no barratry, and have his letters of licence and witnessing. And if any does the contrary or makes barratry, when it is known with sufficient and good document, that he undergo the statute made against those that take money out of the country. And that this statute be not only extended to those who do barratry in times to come, but also to those now outwith the realm that are convicted of barratry. Also the king forbids that any of his lieges send expenses to any barrator that is now outwith the realm, nor give them help nor favour in whatever degree that pertains to them until they come home to the realm.
[1428/3/11]*[print] [email] [cite] [preceding] [following]
Item, the king and his council have interpreted and declared that there be a statute made in his parliament that no man should, riding or walking, come to any court or assembly with a multitude of folk, nor with arms, except soberly and easily as his estate requires, and with his counsellors and forespeakers appropriate for his causes.
[1428/3/12]*[print] [email] [cite] [preceding] [following]
Item, the king from the deliverance of council, by way of statute, forbids that any man interpret his statutes otherwise than the statutes bear, and to the intent and effect that they were previously made, and as the maker of the understood. Whoever does the contrary shall be punished at the king's will, etc.
[1428/3/13]*[print] [email] [cite] [preceding] [following]
Item, concerning partridges, plovers, blackcocks,†grey-hens,† and muircocks,† that no such fowls be taken with any manner of instruments from the beginning of Lent until August, under the pain of forty shillings. And that indictment pass that by the justice clerks, etc.