[1462/10/1]*[print] [email] [cite] [preceding] [following]
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 beneath†episcopal [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] censured†appropriately 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.
[1462/10/2]*[print] [email] [cite] [preceding] [following]
To all sons of the holy mother church to whose notice these present letters come, Thomas [Spens], by grace of God and the apostolic see bishop of Aberdeen and conservator of the privileges of the Scottish church, greeting in the Lord. As those present urge [us] to maintain the certain faith with equity and justice, and [as] the writings of both laws frequently tell [us], let [this] be to bear pious witness to the truth at least in these matters which are to be recorded for posterity, [and] which previously may have been cast into doubt. Hence it is that in our presence, as we presided in the council of the clergy of the aforesaid church celebrated in the usual manner at Perth on the year and day underwritten, there compeared on behalf of our most illustrious prince and lord, the lord James II, most illustrious king of Scots, the noble and mighty lord, Patrick [Graham], lord Graham, knight, and Master Archibald Whitelaw, stating that they were envoys especially sent from his royal majesty most urgently to seek the underwritten things from us and the clergy sitting with us representing the council, a declaration of the old royal custom concerning presentations to benefices in vacant sees, formerly (as they claimed) declared to his highness in a general council of the clergy celebrated at Perth in the year of the Lord 1457. And, at the petition of the aforesaid envoys, with due reverence as was fitting, we have diligently held an inquisition concerning the matters sought and proposed by them, by the clerks and the clergy then present, who indeed being examined on their oaths unanimously declared, and on their own behalf determined, that in the abovementioned council, namely in the year of our Lord 1457, our abovesaid most illustrious king was by ancient and early custom in possession of the right of presentation during episcopal vacancies to all benefices vacant in whatsoever manner, pertaining to ecclesiastical patronage and ordinary collation within the realm of Scotland, until the bishops should be admitted to the temporalities; and also of [the right of presentation] to elective secular benefices, including major [dignities] below episcopal rank, and to others reserved generally or specially in whatever way. And this we confirm in [the name of ] the Lord, to all of whom it concerns or may in any manner concern in the future, by the tenor of the presents. In witness and faith of all and sundry the aforesaid things, at the instance and request of the abovesaid envoys, standing and requesting in the royal name, we have caused these our letters to have been made patent to them, for future memory, subscribed and signed with the signs and subscriptions of the subscribed notaries, and confirmed with the attachment of our seal, at Perth, 19 July 1459, the last day of the council, the seventh indiction, in the first year of the pontificate of the most holy father in Christ and our lord, the lord Pius II, by divine providence pope, there being present the reverend fathers in Christ and lords, the lord George [Shoreswood], by divine pity bishop of Brechin, [Andrew Stewart, lord Avondale], chancellor of Scotland; the venerable men and lords, Walter Stewart, archdeacon of St Andrews, Master Thomas Vaus, dean of Glasgow, Master Laurence Piot, archdeacon of Aberdeen, Master Martin Vaus, with many others etc.
Collated with the copies of Donald Reid, scribe of the said council, and John Patrick, notary public.