March 1482

Legislation: from the Drummond and Malcolm Manuscripts

Item, our sovereign lord has ordained [John Stewart], lord Darnley to be warden on the West Borders and commands and charges that all his lieges answer and obey him and his lieutenants in the said office in the future.

  1. NAS, PA5/3, Drummond Ms, f.301v. Back
  2. NAS, PA5/3, Drummond Ms, f.301v. Back
  3. NAS, PA5/3, Drummond Ms, f.301v. Back
  4. NLS, Adv. Ms.7.1.9, Malcolm Ms, ff.190v-191r (but dated April 1481). Not in NAS, PA5/3, Drummond Ms. Back
  5. NAS, PA5/3, Drummond Ms, ff.301v-302r. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, f.191r. Back
  6. NAS, PA5/3, Drummond Ms, f.302r. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, ff.191r-v. Back
  7. NAS, PA5/3, Drummond Ms, ff.302r-v. Back
  8. NAS, PA5/3, Drummond Ms, f.302v. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, f.191v. Back

Item, further, to the defence and supplying of our sovereign lord's lieges who remain on the borders and punishment of the disloyal persons who favour and supply the false and treasonous opinion of the traitor James of Douglas, our sovereign lord's highness has committed full and whole power to all his wardens to exercise their offices on all such persons within their boundaries without any exception, and he has revoked all exceptions previously granted to any persons except those persons who remain within the town and castle of Berwick. And if any exception is sought, it shall not be granted without a special and reasonable cause understood and declared by the lords of council before it is given.

  1. NAS, PA5/3, Drummond Ms, f.301v. Back
  2. NAS, PA5/3, Drummond Ms, f.301v. Back
  3. NAS, PA5/3, Drummond Ms, f.301v. Back
  4. NLS, Adv. Ms.7.1.9, Malcolm Ms, ff.190v-191r (but dated April 1481). Not in NAS, PA5/3, Drummond Ms. Back
  5. NAS, PA5/3, Drummond Ms, ff.301v-302r. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, f.191r. Back
  6. NAS, PA5/3, Drummond Ms, f.302r. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, ff.191r-v. Back
  7. NAS, PA5/3, Drummond Ms, ff.302r-v. Back
  8. NAS, PA5/3, Drummond Ms, f.302v. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, f.191v. Back

Also it is advised, ordained and concluded by our sovereign lord and his three estates that an honourable embassy be sent from our sovereign lord's highness and from the estates of the realm to [Louis XI], king of France and to the parlement of Paris asking the king of France, as his brother and confederate, to help and supply his highness and his realm now at war waged by their common enemy England against them, just as our sovereign lord has always been and will be ready for his brother when he would be required, also mentioning that he has written many times to the king of France about this but received no answer.

  1. NAS, PA5/3, Drummond Ms, f.301v. Back
  2. NAS, PA5/3, Drummond Ms, f.301v. Back
  3. NAS, PA5/3, Drummond Ms, f.301v. Back
  4. NLS, Adv. Ms.7.1.9, Malcolm Ms, ff.190v-191r (but dated April 1481). Not in NAS, PA5/3, Drummond Ms. Back
  5. NAS, PA5/3, Drummond Ms, ff.301v-302r. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, f.191r. Back
  6. NAS, PA5/3, Drummond Ms, f.302r. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, ff.191r-v. Back
  7. NAS, PA5/3, Drummond Ms, ff.302r-v. Back
  8. NAS, PA5/3, Drummond Ms, f.302v. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, f.191v. Back

Memorandum, 6 March 1481 [1482], Robert Danielston was pursued by a woman called Glen before the lords of council, and she would have gone against her oath that she made in judgement before the official of Glasgow, and an instrument under the seal of the said official was shown that she consented to the alienation of such lands and swore that she should never come in contradiction of this, and would have had the said lands alleging that it was her joint infeftment and made revocation after her husband's death, saying that he compelled her to it; the action was decided against this woman.

  1. NAS, PA5/3, Drummond Ms, f.301v. Back
  2. NAS, PA5/3, Drummond Ms, f.301v. Back
  3. NAS, PA5/3, Drummond Ms, f.301v. Back
  4. NLS, Adv. Ms.7.1.9, Malcolm Ms, ff.190v-191r (but dated April 1481). Not in NAS, PA5/3, Drummond Ms. Back
  5. NAS, PA5/3, Drummond Ms, ff.301v-302r. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, f.191r. Back
  6. NAS, PA5/3, Drummond Ms, f.302r. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, ff.191r-v. Back
  7. NAS, PA5/3, Drummond Ms, ff.302r-v. Back
  8. NAS, PA5/3, Drummond Ms, f.302v. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, f.191v. Back

Item, our sovereign lord and his three estates have in this present parliament approved, ratified and confirmed all the acts and statutes of parliament made previously touching the observation and keeping of the indult and privilege granted by our holy father the pope to the archbishop and see of St Andrews regarding the confirmation of election of abbots elect and postulates, which acts and pains contained in them shall also be extended to those who break them, who assist or aid, supply, finance or support it as on the principal. And also with extension of the same acts to all other places in the realm within the diocese that have been the custom, habit or possession of confirmation of elections, postulations of abbots, priors or priests in the past in the diocese. And similarly that all other privileges and indults previously given by our holy fathers the popes to our sovereign lord and his progenitors for the profit and value of their successors or people be similarly observed and kept in all points and articles contained in the same, in so far as shall be seen profitable to the good public of the realm and particularly by popes Celestine and Innocent to the kings of good mind William and Alexander, his progenitors, and that letters be written to our holy father the pope for this, and this to be extended by the cause as is contained in the act of parliament made thereupon previously.

  1. NAS, PA5/3, Drummond Ms, f.301v. Back
  2. NAS, PA5/3, Drummond Ms, f.301v. Back
  3. NAS, PA5/3, Drummond Ms, f.301v. Back
  4. NLS, Adv. Ms.7.1.9, Malcolm Ms, ff.190v-191r (but dated April 1481). Not in NAS, PA5/3, Drummond Ms. Back
  5. NAS, PA5/3, Drummond Ms, ff.301v-302r. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, f.191r. Back
  6. NAS, PA5/3, Drummond Ms, f.302r. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, ff.191r-v. Back
  7. NAS, PA5/3, Drummond Ms, ff.302r-v. Back
  8. NAS, PA5/3, Drummond Ms, f.302v. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, f.191v. Back

Item, it is decreed and ordained by the king and his three estates regarding the privilege of the crown, as was always the custom and observed in the past, concerning the presentation of benefices at the time of the vacancy of the sees of bishops, that our sovereign lord and his successors shall in the future at the time of the vacancy of the see have power to present to benefices all times until the prelate and bishop show his 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 have been shown as is said, that such admission shall not prejudice or injure his highness regarding his said privileges and right of presentation.

  1. NAS, PA5/3, Drummond Ms, f.301v. Back
  2. NAS, PA5/3, Drummond Ms, f.301v. Back
  3. NAS, PA5/3, Drummond Ms, f.301v. Back
  4. NLS, Adv. Ms.7.1.9, Malcolm Ms, ff.190v-191r (but dated April 1481). Not in NAS, PA5/3, Drummond Ms. Back
  5. NAS, PA5/3, Drummond Ms, ff.301v-302r. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, f.191r. Back
  6. NAS, PA5/3, Drummond Ms, f.302r. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, ff.191r-v. Back
  7. NAS, PA5/3, Drummond Ms, ff.302r-v. Back
  8. NAS, PA5/3, Drummond Ms, f.302v. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, f.191v. Back

Item, it is decreed and ordained that the act of parliament made previously for the punishment of the persons who work and do anything against the said privilege shall be extended as well to those who take on the office of procuration or support or supply those persons with money and finance, to be punished as the principal actors. And further if any person or persons in the future raise or purchase any commission from the see of Rome to be provided from any benefice that is found vacant, the see of the bishop vacant for the time, the persons who raise, purchase or use such commissions shall be repute and held as breakers [of the law] and violators of our sovereign lord's privileges and transgressors against the act of parliament and [they shall] incur the pains contained in the same.

  1. NAS, PA5/3, Drummond Ms, f.301v. Back
  2. NAS, PA5/3, Drummond Ms, f.301v. Back
  3. NAS, PA5/3, Drummond Ms, f.301v. Back
  4. NLS, Adv. Ms.7.1.9, Malcolm Ms, ff.190v-191r (but dated April 1481). Not in NAS, PA5/3, Drummond Ms. Back
  5. NAS, PA5/3, Drummond Ms, ff.301v-302r. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, f.191r. Back
  6. NAS, PA5/3, Drummond Ms, f.302r. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, ff.191r-v. Back
  7. NAS, PA5/3, Drummond Ms, ff.302r-v. Back
  8. NAS, PA5/3, Drummond Ms, f.302v. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, f.191v. Back

Item, our sovereign lord, by his special grace, and his three estates have ordained and commanded that in future all friends, strangers and foreigners from other countries who come here with merchandise and victuals in support of the realm shall be favourably treated and cherished in the future, with the intent and effect to make them come into the realm, considering that the merchants of this realm are prevented from exercising and undertaking the trade of merchandise by war, and particularly to make victuals be brought in as there is now a dearth thereof.

  1. NAS, PA5/3, Drummond Ms, f.301v. Back
  2. NAS, PA5/3, Drummond Ms, f.301v. Back
  3. NAS, PA5/3, Drummond Ms, f.301v. Back
  4. NLS, Adv. Ms.7.1.9, Malcolm Ms, ff.190v-191r (but dated April 1481). Not in NAS, PA5/3, Drummond Ms. Back
  5. NAS, PA5/3, Drummond Ms, ff.301v-302r. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, f.191r. Back
  6. NAS, PA5/3, Drummond Ms, f.302r. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, ff.191r-v. Back
  7. NAS, PA5/3, Drummond Ms, ff.302r-v. Back
  8. NAS, PA5/3, Drummond Ms, f.302v. Version also in NLS, Adv. Ms.7.1.9, Malcolm Ms, f.191v. Back