[1471/5/1]*[print] [email] [cite] [preceding] [following]
Edinburgh
6 May 1471
Firstly, it is decreed and ordained that the freedom and privilege of the holy church be observed and kept without violation as it has been observed in the times of our sovereign lord's noble progenitors of before.
[1471/5/2]*[print] [email] [cite] [preceding] [following]
As for the articles of France, England and Burgundy, due to the intimate alliance between [Louis XI], king of France, our sovereign lord and [Charles of Valois], duke of Burgundy, the lords think it expedient, if it pleases the king's highness, that an embassy with instructions and good letters be sent to the king of France and the duke of Burgundy. And the said embassy is to work diligently for a treaty and an agreement between them, for which our sovereign lord shall obtain great† of God and honour and worship to his highness considering the intimate alliance of them both. And the estates of the realm are to cover the expenses of the said embassy. And the said ambassadors in their great wisdom may advise a convenient place for the marriage of [Margaret Stewart], my young lady, our sovereign lord's sister. And as for the time of departure of this embassy, the lords think it expedient that they be ready to go to sea by 1 June. As for the number of people, the lords think that, in consideration of the estates, [there should be] one bishop, one earl, one lord of parliament, a knight, a clerk, a herald, 30 persons who shall have 3,000 crowns for their expenses, which the three estates have granted to pay at midsummer, that is to say 1,000 crowns [from] each estate. As for the response to the letters, because the matters must be kept secret and not be discussed openly before all parliament, the lords think it expedient that the matters be made in [letters of] credence and the instructions for the said embassy, and the lords of the secret council and the other lords they will appoint thereto will have power of this whole parliament to make instructions concerning the matters of the king of France and the duke of Burgundy, with the power to debate, advise and conclude matters according to how they find them disposed.
[1471/5/3]*[print] [email] [cite] [preceding] [following]
Item, regarding the staunching of slaughter, which is so common in the country, both in places of sanctuary and others, the lords think it expedient that the act of the last parliament made thereupon be kept with this condition, that where any slaughter is committed and the party committing the said slaughter is put to the horn by [the] party and is then brought and bound to the law, the sheriff shall not receive him to the law nor give him delay of forty days unless he brings with him sufficient borrows that he will compear peremptorily on the said day to submit to the law. And failing that, that the committer of the said slaughter be put to the king's horn on the said peremptory day and all his goods escheated to the king, and his borrows [are] to pay £20 to the king as a fine, and from then onward to be treated by the sheriff as is contained in the acts made previously in the last parliament. And in order to find out which sheriff has been negligent in the execution of the last act made on slaughter since the last parliament, that there now be a day appointed for the sheriff, at the pleasure of our sovereign lord, where the sheriff shall compear and attend his action thereupon. And whoever is found guilty is to be punished according to the act of the last parliament. And in the meantime, that the king's letters be sent to all shires to be proclaimed in the head burghs that, where any party makes a complaint of slaughter since the said time, they [are to] come to the king on the said day with their complaints, and the king shall administer justice to them without favours.
[1471/5/4]*[print] [email] [cite] [preceding] [following]
Item, concerning the article of the great damage and injury done daily to all the realm by the religious and secular clerks who purchase abbeys and other benefices at the court of Rome, which were never there before, and purchases by means of the office of collectory, and take it upon themselves to implement heavy and great taxation of prelates and clerks and make information of the value of the benefice in the court of Rome more than use and custom was of before of that ever was done in any king's time bygone, and in order to remedy the making of unions of benefices pertaining to abbeys or others annexed and united to bishoprics or other inheritances and destruction of religious places and against the common good of the realm, which causes inestimable damage and harm considering the innumerable riches that are taken out of the realm through this, the lords think it expedient that no such abbeys or other benefices which were not previously at the court of Rome be purchased either by secular or religious persons, unless the said places have free election of the same as the habit and custom has been in the said places. And that none of our sovereign lord's lieges, spiritual nor temporal, take it upon themselves to be collectors to the see of Rome [of any or higher taxation of bishoprics, abbacies, priories, provostries or other benefices that owe taxation] except as the former use and custom of old taxation has been as is contained in the provincial's book or the old taxation of Bagamond. And that beyond that, in the future there be no unions nor annexation made to bishoprics, abbacies and priories of any benefice, nor that any unions or annexation made now or recently since our sovereign lord took the crown be of strength, value or effect nor be endured within the realm unless the said benefice that was united be put again to the first foundation of the place that they were taken from, and to the same ruling and governance that they had before the time of the union. And the said unions to be held of no force, strength nor effect in the future, and if any persons, our sovereign lord's lieges spiritual or temporal, would attempt or have attempted to [act] against these aforewritten points they shall be treated as traitors to our sovereign lord and his successors, never to enjoy benefice nor use worship within his realm. Nevertheless, it will be legal for lords barons to purchase annexations and unions of any benefice that they can purchase either of their own patronage or others to be united to secular colleges founded or to be founded.
[1471/5/5]*[print] [email] [cite] [preceding] [following]
Item, as for the article that should our old enemies happen to invade the realm it would be expedient to cause certain carts of war for the defence of the realm to be made by prelates [and] barons according to the faculty and power of the persons, the lords think it expedient that the said carts of war be made by the said persons as for this time.
[1471/5/6]*[print] [email] [cite] [preceding] [following]
Item, it is thought expedient that no merchants bring spears into this realm from any other country unless they reach six ells and are of a [single] cleft, nor that any bow-maker within the realm make any spears unless they are of the said length, and if anyone disobeys this the spears shall be confiscated and the persons punished at the king's will. Also that each yeoman who cannot handle a bow should have a good axe and a targe of leather to resist the shot of England, which is of no cost but the value of a hide. And that each sheriff, steward, bailie and other officer hold a wappenschaw within the bounds of their office according to the tenor of the act of parliament, so that in default of the said wappenschaw our sovereign lord's lieges will not be bereft of harness when it is needed, and that football and golf be discontinued in the future, and butts made up and shot used according to the tenor of the act of parliament.
[1471/5/7]*[print] [email] [cite] [preceding] [following]
Item, it is decreed and ordained in this present parliament, considering the great poverty of the realm [and] the great expense and cost caused by the importing of silk into the realm, that no man shall, in time coming, wear silk in a gown, doublet or cloak, except knights, minstrels and heralds, unless the wearer of the same can spend £100 worth of land's rent, under the pain of an amercement to the king of £10 each time they are found, and escheating of the same, to be given to the heralds or minstrels, apart from clothes that were made before this parliament. And that the sheriff, aldermen and bailies of each shire make an inquiry into it and send the result to the king. And that men's wives worth less than £100 wear no silk as a lining, except on the collar and sleeves alone under the same pain.
[1471/5/8]*[print] [email] [cite] [preceding] [following]
Item, as touching the matter of money, since the matter is great and touches the whole body of the realm directly, and the lords here present cannot hastily be advised to make a final determination thereof, it is decreed and ordained that money retain the same course it has now until the continuation of this parliament, and the lords empowered in all other matters for the common profit of the realm are at that time to advise, determine and conclude upon the said matter of money that is now runs. And in like manner, if it is seen expedient to create any new money, either gold or silver, the said lords shall have power to advise and conclude thereupon. And as regarding the new alloy groat of 7d, it is ordained by our sovereign lord that from now onwards it is to have the course of 6d, and the half groat of the same of 3d, and the coining and the course thereof are to be continued until the continuation of this parliament.
[1471/5/9]*[print] [email] [cite] [preceding] [following]
Item, for the eschewing of the perjuring of inquests and assises to the great injury of our sovereign lord's lieges, and particularly by the inquests in their heritage, it is decreed and ordained that, in time coming, where a party finds himself aggrieved by any assise or inquests by the partiality, malice or ignorance of the assise or the inquest, saving and excepting the assises of pleadable brieves to which this decreet shall not refer, it shall be lawful for the said aggrieved party to go to our sovereign lord or his council and take a summons of the said inquest to compear before them on a certain day and place peremptorily, and there produce his evidence of the ignorance or falsity of the said inquest. And if he happens to prove the said falsity, the aggrieved party shall be reduced to the condition that he was in before the said inquest or assise preceding, and the determination of the said assise or inquest will have no value, and the said persons of the assise or inquest will be punished according to the form of the king's laws in the first book of his majesty 'against swearing rashly upon an assise'. And if the said complaining party be found in the wrong, he shall pay a fine of £10 to the king and cover all the expenses of the persons who are summoned.
[1471/5/10]*[print] [email] [cite] [preceding] [following]
Item, the lords think it expedient, for the common good of the realm and the great increase of riches to be brought within the realm from other countries, that certain lords, spiritual and temporal, and burghs cause to make or get ships, bushes and other great 'pink'† boats with nets and all equipment required therefore for fishing, and that the execution of this matter and the form and the number of the same be given at the continuation of this parliament.
[1471/5/11]*[print] [email] [cite] [preceding] [following]
Item, it is decreed and ordained that when any parties pursue any action before the lords of council in time to come, that the party that is found in the wrong and that the sentence is given against shall pay a fine of 40s to the lords to be dealt with by the chancellor, and the expenses of the party that wins the cause [to be dealt with] by the modification of the lords.