Legislation: confirmation of papal indult

In our sovereign lord's parliament held and begun at Edinburgh on 20 November 1469, it is enacted and decreed by our sovereign lord and the three estates in the said parliament that, for as much as [Paul II], our holy father, the pope, and the see of Rome have granted a privilege and a perpetual indult to the prelates the bishops of St Andrews to confirm the persons who shall be chosen or postulated by convents to be abbots or priors within the diocese of St Andrews, and this indult and privilege is right honourable in itself and leads to the common profit of the realm and to our sovereign lord's lieges, that therefore the said indult and privilege shall be observed and kept by our sovereign lord, his successors, and lieges in the future without infringement or breaking of the same. And that no persons, his lieges or subjects of whatever estate, degree or order of our sovereign lord to which they belong act to the contrary of the said indult or privileges by any manner of means or ways in the future and purchase any abbacies or priories that will become vacant within the diocese of St Andrews in the future, pertaining to the confirmation of the said prelate bishop of St Andrews current at the time except through the said indult and privilege, or raise any commission against the persons now promoted or to be promoted, confirmed and to be confirmed by the said prelate bishop of St Andrews for the time under the pain of perpetual banishment and proscription from the realm and under all the highest pain of treason and crime of our sovereign lord's and his successor's injured majesty. And similarly it is ordained that no persons, lieges to our said sovereign lord, may purchase any benefice outside the realm which is from ancient use and custom and was ever observed and used to be presented, given or confirmed within the realm by the patrons or ordinaries of the diocese, or raise any commission thereupon under such similar pain and the incurring of the king's high indignation. And that the abbacies and priories within the said diocese of St Andrews, that is to say the priory of St Andrews, the abbacy of Kelso, the abbacy of Dunfermline, the abbacy of Arbroath, the abbacy of Holyroodhouse, the abbacy of Scone, the abbacy of Lindores, the abbacy of Cambuskenneth, the abbacy of Dryburgh, the abbacy of Balmerino, the abbacy of Coupar [Angus], the abbacy of Newbattle in the priory of Coldingham, the priory of Restenneth, the priory of Portmoak and all other prelacies and priories pertaining to the see of St Andrews by privilege, ancient custom or by the said indult, shall have this act and decreet of parliament with the said indult fully inserted under our sovereign lord's great seal, if it be required, in perpetual memory of the said constitution, act and deliverance of parliament for the conservation and keeping of the common good of our sovereign lord's realm and lieges. And that our sovereign lord and his successors, together with the three estates of his realm, shall by his royal authority defend the said privilege and indult as is said against all and sundry lieges who would do or attempt to do in contrary thereof in the future, and execute dutifully by pain of proscription and treason against the said persons attempting to the contrary of the said indult in the most rigorous fashion.

  1. A folio has been lost from NAS, PA2/1 at this point. This act is not to be found in the parliamentary register, but it is not clear if it was originally present on the missing folio, or whether Thomas Thomson found the act in another source when compiling APS. This version is therefore taken from the printed edition, APS, ii, 98. Back