1462, 19 October, Edinburgh, Parliament

Parliamentary Register

19 October 1462


In the parliament of our most excellent prince and lord, the lord James, by the grace of God most illustrious king of Scots, held at Edinburgh on the nineteenth of October in the year of our Lord 1462. Whereas by the diligent, careful and mature inquiry and deliberation of various provincial councils of the clergy of the Scottish church it has emerged more plainly in the light of day that, for such a long time that there is no recollection to the contrary, the most excellent and mighty princes, the illustrious kings of Scotland, have by ancient, customary and laudable usage possessed the right of presentation [to] all and sundry benefices which pertain to the ecclesiastical patronage and ordinary collation, and also to elective secular [benefices] including [those of] greater churches beneathepiscopal [rank], and also to others generally or specially reserved howsoever and wheresoever, [which have fallen] vacant in the Roman curia or elsewhere, in whatever manner, whether by death, resignation or otherwise during episcopal vacancies, until the bishops are admitted to the temporalities. By the uniform deliberation of the estates of the realm, it was advised, concluded, delivered and enacted that no clerk of the realm of Scotland, of whatever status, degree, condition or standing he may be, shall presume during vacancies of sees by death, resignation or otherwise to cause himself to be provided to [any of] the aforesaid elective benefices, reserved or otherwise falling vacant at the Roman curia or elsewhere by the same apostolic see, or by virtue of expectative graces, by reservation or ordinary right, in contempt of the royal privilege [which has been] observed and held for so long; or shall use a provision made in the above manner in derogation of the right of the king's crown, or retain possession of the said benefice by virtue of the said provision, on pain of loss of any benefice or benefices already held by him within the realm, and of being disqualified from and made incapable of holding [them], unless after this present act shall come to his attention by public promulgation or notification, he shall have genuinely, without fraud and guile, renounced, free and unencumbered, the aforesaid benefice so taken up contrary to royal law as aforesaid. Nevertheless, for the offence against the king in this matter, and contravening the act in any other way, if the nature of his fault demands [it], [he is to be] censuredappropriately by his ordinary. In witness of all and sundry of which things was appended the great seal of our most illustrious prince and lord, the lord James, most distinguished king of Scots, with the addition of the seals of certain lords of the estates of the realm, on the year, day [and] month abovewritten, the eleventh indiction, in the fifth year of the pontificate of our most holy father in Christ and lord, the lord Pius II, by divine providence pope. Witnesses: the reverend fathers in Christ, Thomas [Lauder], bishop of Dunkeld [and] Ninian [Spot], bishop of Galloway; the venerable fathers in Christ, Malcolm [Brydy], abbot of Arbroath [and] Archibald [Crawford], abbot of the monastery of Holyrood by Edinburgh; the noble lords, George [Douglas], earl of Angus, John [Stewart], earl of Atholl, James [Livingston], lord Livingston, James [Hamilton], lord Hamilton, Robert Mercer and William Cranstoun, with many others alike called and summoned for the aforesaid matters.

  1. NAS, PA2/2, f.75r. Note the proceedings of this parliament survive only as a transcript in the parliamentary register for March 1479. Back
  2. 'merediana luce' (perhaps 'noon-day sunlight'. Back
  3. 'post'. Back
  4. 'cum effectu'. Back
  5. 'pro regia offensa'. Back
  6. 'codigna anima adversione perlectendus'. Back
  7. 'per suum judicem'. Back