11 April 1481

Procedure: preamble

1481

11 April within the aforesaid parliament at the monastery of Holyrood in the same chamber of robes.

[Deleted text:] Sederunt [John Laing], bishop of Glasgow, [James Livingston, bishop of] Dunkeld, [Robert Blackadder, bishop of] Aberdeen, [Andrew Stewart, lord Avondale], lord chancellor.

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Procedure: offices of wardenry in the Borders

In the presence of our sovereign lord Archibald [Douglas], earl of Angus took on the office of wardenry of the East Marches and was sworn thereto in the presence of the three estates, and Alan [Cathcart], lord Cathcart took on the office of wardenry of the West Marches and swore to it likewise, and our sovereign lord ordained their commissions to be made in due form enduring his will thereupon.

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Legislation

Here follow the statutes made and approved by our sovereign lord and his three estates in the aforesaid parliament:

Firstly, it is decreed and ordained that all our sovereign lord's lieges, both of burgh and land, spiritual lords, landed and temporal, be warned and charged to be ready to come to our sovereign lord armed to their best, with bows, spears, axes and other furnishings of war whenever they are so charged, with eight days' warning or quicker if need be, and with victuals to sustain [them] and last for 20 days after their arrival to the king, under the pain of law.

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Item, it is ordained that in the future no spears are to be made or sold which are shorter than five ells and a half or five ells at the least before the bur and of suitable width accordingly, under the pain of escheat of all goods [of the one] who makes and sells them. Also it is ordained that all persons who wear jerkins to protect their body must make their jerkins hang to the knee, those who lack leg armour and those who have them should have their jerkins be made long enough to cover the top part of their leg armour.

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Item, that every axeman who has neither spear nor bow shall have a wooden or leather targe according to the fashion of the example that shall be sent to each sheriff.

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Item, it is decreed and ordained that persons coming to our sovereign lord as an army must not waste or destroy any meadow or corn or spulzie any type of goods in their travelling through the realm of Scotland, under the pain of personal punishment as breakers of our sovereign lord's proclamation of his army and make good the damage that they cause; and that each lord and person shall be responsible and answer for the persons who are under their leadership, and deliver the persons who commit the damage to the king or his lieutenants or wardens, or else they themselves shall make good the damage that is done.

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Item, it is decreed and ordained that the acts and statutes made previously regarding the holding of wappenschaws and the making of war equipment by all persons shall be duly executed according to the form contained in the said acts, and that the pains contained in the same be severely raised without favours to those who break it.

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Item, our sovereign lord has ordained that his castles of Dunbar and Lochmaben are to be provisioned and supplied with victuals and artillery, and whatever they lack in any part is to be hastily repaired and fortified. And also his highness commands and charges all the lords of the realm, both spiritual and temporal, who have castles near the borders or on the sea coast, such as St Andrews, Aberdeen, Tantallon, Hailes, Dunglass, Home, Edrington, and in particular the Hermitage, which is in most danger, and such other castles and strongholds as can be held and defended from our enemies of England, that each lord supply his own house and strengthen it with men, victuals and artillery, and to mend and repair them where necessary so that they can be held and defended as is said.

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Item, it is decreed and ordained by the king and his three estates regarding the privilege of the crown as has been the custom and was observed in all former times, touching the presentations of benefices at the time of vacancy of the see of bishops, that in the future our sovereign lord and his successors shall have power at the time of sees being vacant to present benefices at any time until the bishop and prelate present their bulls of provision to the king's highness and his chapter. And where our sovereign lord, by his special grace and favour, admits any prelate to his temporality before the bulls are shown, as is said, that such admission shall not prejudice nor injure his highness regarding his said privilege and right of patronage.

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Sederunt

11th of the said April, within the aforesaid parliament

Present: [John Laing], bishop of Glasgow, [James Livingston], bishop of Dunkeld, [Robert Blackadder], bishop of Aberdeen, [Andrew Stewart, lord Avondale], lord chancellor, [Archibald Douglas], earl of Angus, [Colin Campbell], earl of Argyll, [James Stewart], earl of Buchan, [William Keith], earl Marischal, [William Hay], earl of Erroll; [Robert Kerr], abbot of Kelso, [George Shaw], abbot of Paisley, [Andrew Cavers], abbot of Lindores, [Colin Kennedy], abbot of Crossraguel, [John Stewart], lord Darnley, [Thomas Erskine], lord Erskine, [Andrew Gray], lord Gray, [Laurence Oliphant], lord Oliphant, [Robert Lyle], lord Lyle, [Alan Cathcart], lord Cathcart, [John Somerville], lord Somerville, [William Knollis], preceptor of Torphichen, John Ross of Hawkhead, knight, John Ross of Montgreenan, [Archibald Whitelaw], secretary, [Andrew Stewart], provost of Lincluden, [James Allardice, St Mary's on the Rock], provost of St Andrews, [James Lindsay], dean of Glasgow, [William Elphinstone], official of Lothian; commissioners Alexander Turing and Bartholomew Cairns for Edinburgh, John Haddington for Perth, Alexander Fowlis for Linlithgow, John Atkinson for Haddington, Archibald Manderston for Berwick, David Rollock for Dundee.

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Judicial proceedings: act of the lords auditors of causes and complaints

Regarding the complaint made to the three estates of our sovereign lord's parliament by Alexander, the son and heir of the late Christian Jaffrayson, Patrick Cant, John of Douglas, Harry Napier and Henry Cant, touching a decreet and judgement given by the auditors of causes and complaints in our sovereign lord's parliament held at Edinburgh on 20 March 1478 [1479], between Sir Matthew Jaffrayson, chaplain, heir of the late John Jaffrayson, his grandfather, against the said Patrick Cant and the said late Christian, concerning the claim to land and a tenement lying in the said burgh on the north side of the street of the same, between the lands of Nicol Spethy and John Patonson, claimed by the said Sir Matthew and the said late Christian and various other persons, the aforementioned lords chosen by the entire three estates to declare on the said matter regarding the giving of the said decreet, decree and deliver that because the said auditors ordained in their judgment that the ground right of the said tenement and the decision thereupon should be put to a large assise without the consent of the parties, it not having been processed properly by the king's laws and as other parties who had interests in it were not called, therefore the said lords decree and deliver that the said decreet is of no value, force or effect for the recovery of the said land, and decide and declare that the decision of the said assise and all that followed thereupon is of no strength, force or effect in the future but is completely made void and annulled as is said.

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