[1488/1/3]*[print] [email] [cite] [preceding] [following]
The aforesaid parliament was continued daily until the current day, that is to say 29 January of the aforesaid year, on which day the supreme lord our king was present in person with the lords, prelates, earls, barons, freeholders and burgh commissioners written below, and on the same day the act and statute written below was promulgated and read through, and was solemnly approved and confirmed by the said supreme lord our king.
[1488/1/4]*[print] [email] [cite] [preceding] [following]
Present in the same parliament on the aforesaid day:
[1488/1/5]*[print] [email] [cite] [preceding] [following]
On the said 29th day etc., William Douglas of Cavers personally compeared, and - on his own volition, not led by force and fear etc. but of his spontaneous will - in presence of the three estates of the realm, by staff and baton, on bended knees, purely and simply resigned all right, and claim of right, and privilege, of the regality of Cavers, and of the tenants and tenandries of the same regality, into the hands of our said supreme lord the king, for himself and his heirs, to our aforesaid supreme lord the king, his heirs and successors, perpetually to remain there. Renouncing for the same William and his heirs the rights and privileges of the said regality of Cavers perpetually, so that the said right of the aforementioned regality remain perpetually with our aforesaid supreme lord the king, his heirs and successors, without revocation, impediment, claim or contradiction by the said William and his heirs in any way whatsoever. Doing thence in future upon which etc. The chancellor, on behalf of our said lord the king, sought an instrument etc. Notaries: George Coates, Henry Mair, John Duncanson.
[1488/1/6]*[print] [email] [cite] [preceding] [following]
And on the same day the lord king created James [Stewart], his second-born son, duke of Ross, marquis of Ormond, earl of Edirdale, also called Ardmeanach, lord of Brechin and Navar etc., and granted to him the lands of the aforesaid lordships, with pertinents, with tenants, tenandries and services of freeholders, and all other pertinents, according to the tenor of the charters and evidences earlier made thereupon, and now also to be made.
[1488/1/7]*[print] [email] [cite] [preceding] [following]
On the same day John Drummond of Cargill was made a lord of parliament, and in future is to be called Lord Drummond; Robert Crichton of Sanquhar was also made a lord of parliament, and in future is to be called Lord Crichton of Sanquhar; and John Hay of Yester was similarly made a lord of parliament, to be called Lord Hay of Yester; and lord William Ruthven of that Ilk was made a lord of parliament, to be called in future Lord Ruthven.
[1488/1/8]*[print] [email] [cite] [preceding] [following]
David Kennedy, son and apparent heir of John [Kennedy], lord Kennedy, William Carlyle, nephew and apparent heir of John [Carlyle], lord Carlyle, and Robert Cunningham of Polmaise, were created knights on the aforesaid day.
[1488/1/9]*[print] [email] [cite] [preceding] [following]
These are the acts and statues made in the aforesaid parliament
Firstly, for the honour of God and the liberty of the holy church and churchmen, it is decreed and ordained that all privileges, freedoms, immunities and franchises be observed and kept for them in the future, just as [it] has been during the time of our sovereign lord's most noble progenitors of holy memory.
[1488/1/10]*[print] [email] [cite] [preceding] [following]
Secondly, it is thought expedient by the lords of the articles that concerning the marriages of our sovereign lord and our lord [James Stewart], the prince, his son, since there was talk previously of the said marriages to be made in England and a diet [was] appointed to conclude it, and certain ambassadors [were] ordained to meet in the month of May either at a certain place in England or in the town of Edinburgh, as is contained in certain indentures made for that, that therefore our sovereign lord's highness shall send certain ambassadors, that is to say a bishop, a lord of parliament, a clerk, and a knight or an honourable squire, and they [are] to be named and chosen by the king, which embassy will go to Newcastle or York in England, or whichever other place [is] contained in the said indentures, if the king of England will not send to Edinburgh. And the said ambassadors shall be of the number of 30 persons and shall have £250 Scots for their expenses, which shall be paid in this manner: £100 by the prelates, £100 by the barons and £50 by the burghs, and this [is] to be brought in by the first day of April next and delivered to Edinburgh to Master Richard Robinson and Thomas Todd, as depositors. And if the said embassy fails to depart, the said depositors shall keep the said money in their hands to be given for the expenses of the next embassy which will travel in so far as it reaches.
[1488/1/11]*[print] [email] [cite] [preceding] [following]
Item, the said ambassadors shall have as part of their instructions command and charge to have the castle and town of Berwick either handed over to our sovereign lord or else destroyed and cast down, with the grant of other reasonable desires that shall be given them in instructions by our said sovereign lord, and failing that they shall not conclude the said marriages in any way in England.
[1488/1/12]*[print] [email] [cite] [preceding] [following]
And as regards extending the truce for longer terms if the said marriage is not settled, the lords of the articles refer that matter to our sovereign lord and the lords of his secret council either to make a longer truce or keep the truce that is in place as they shall find it expedient.
[1488/1/13]*[print] [email] [cite] [preceding] [following]
Item, it is thought expedient that two of these four persons be named by our sovereign lord to be great justices to him on the south side of the Forth, that is to say [John Ramsay], lord Bothwell, [Robert Lyle], lord Lyle, [Alexander Lyon], lord Glamis and [John Drummond], lord Drummond.
[1488/1/14]*[print] [email] [cite] [preceding] [following]
Item, [David Lindsay], earl of Crawford and [George Gordon], earl of Huntly to be justices on north side of the Forth, in the bounds as they are now, and when the ayres are set and to be held that our sovereign lord sends certain wise lords and persons from his council with his justices, both on the south and north sides of the Forth, to be assessors and counsellors to them.
[1488/1/15]*[print] [email] [cite] [preceding] [following]
Item, it is thought expedient that the justice ayres that are now set be dissolved and deserted, and that all justice ayres both on the south and north sides of the Forth be proclaimed and re-set to be held on the grass on such days and times as shall be thought expedient by our sovereign lord and his secret council.
[1488/1/16]*[print] [email] [cite] [preceding] [following]
Item, as regards the matter of Coldingham touching the king's chapel, it is decreed and ordained that as in the last parliament an act and statute was made and proclaimed that none of our sovereign lord's lieges, spiritual or temporal, should do or try to do anything in contradiction to the erection of Coldingham as our sovereign lord's chapel, under the pain of treason and forfeiture and loss of life, land and goods, that therefore the temporal persons who have attempted or done to the contrary of the said act and statue [are to] be summoned on a certain day of May next to answer to the said crimes, and this parliament is continued until the said day. And because it is difficult for the entire estates to make their way to the said parliament, that certain persons from each estate be chosen and named to have the power of the whole parliament to proceed in the said matter, and to discuss and conclude on such other matters as shall occur in the meantime. And as for the spiritual persons that the king's highness make them be called by their ordinaries and pursued and prosecuted before them and punished according to justice.
[1488/1/17]*[print] [email] [cite] [preceding] [following]
Item, as regards the matter of money, it is thought expedient and ordained that in order to avoid the great damage and injury that is suffered daily by the whole realm through the making of false money, which neither has the weight or the fineness according to the form of the act of the king's parliament, and also through the counterfeiting of the king's money by false coiners, and also because in the past there has been two masters of the money who both had the same power to coin, so that it could not be clearly understood which of them has failed, whether one or both, so that the trespasser could be accused and punished, so therefore in times to come our sovereign lord [will] depute a person who his highness trusts as loyal and knowledgeable to be master of his money and bear the entire responsibility for it, and also that his highness deputes a true wise man of good reputation to be warden of his mint, and one more to be a money-changer, who shall use their offices and have their fees as used to be given to masters of money, wardens and changers in former times. And that the master of money shall answer to the warden and changer in all things as was the custom in our sovereign lord's forebearers' times. And that the master, warden and changer compear in the exchequer and present their accounts, and the warden to present his assays in the exchequer, or whatever other time that he shall be charged by our sovereign lord when it pleases his highness to obtain knowledge from men of craft whether the money retains the weight and fineness according to the form of the act and statues made for that.
[1488/1/18]*[print] [email] [cite] [preceding] [following]
Item, it is decreed and ordained that those who harbour false coiners and those who agree with them, and also those bringing and receiving false coins and counterfeit [money] from other realms, be punished in the same manner as the false coiners themselves on being convicted of it.
[1488/1/19]*[print] [email] [cite] [preceding] [following]
Item, regarding the matter of importing bullion and keeping gold and silver within the realm, and punishment of the merchants who do not import bullion, and also the punishment of those who take gold and silver out of the realm, it is decreed and ordained that the acts and statutes of parliament previously made for that be put into swift execution.
[1488/1/20]*[print] [email] [cite] [preceding] [following]
Item, regarding clerks and other religious men who make supplications at the court of Rome for bishoprics, abbeys and other benefices in contradiction to the privilege of our sovereign lord, the right of his crown and the common profit of the realm, and in particular for benefices pertaining to our sovereign lord's patronage and for the right and privilege of his crown at the time the seats of bishops are vacant, and regarding those who purchase abbeys which did not use to be at the court of Rome such as Melrose, Dundrennan, Holywood, Glenluce, Soulseat or any other such abbeys of the realm, it is decreed and ordained that the acts and statutes previously made for that by our sovereign lord and his progenitors be put into due and swift execution in all points contained in the same.
[1488/1/21]*[print] [email] [cite] [preceding] [following]
Item, regarding the exporting of money out of the realm by clerks, merchants and other persons, it is decreed and ordained that the acts previously made for that be put into execution. And that our sovereign lord immediately cause certain inspectors to be chosen at each port and harbour of the realm who shall be sworn to exercise their office loyally and honestly, and shall have the third part of all money that falls into escheat through their inspection for their fees, and our sovereign lord [is] to have the [other] two parts of it. And if any others want to make certain certification and proof that any type of person within the realm takes any money out of the same, the person who makes that known shall have one half of that money and the king the other half. And further it is thought expedient that the exporting of money [in] other ways than are allowed by the previous acts be a point of dittay and that the persons who are convicted of it in the justice ayre be punished in this way: that all his goods be confiscated and escheated for the king's use and personally imprisoned at the king's will. And this act [is to] be also well applied to foreigners and persons from other realms as to the king's own lieges.
[1488/1/22]*[print] [email] [cite] [preceding] [following]
Item, for the staunching of slaughter, theft, robbery, armed raids and other trespasses that are now so common, both on the Borders and other parts of the realm, and also the punishment of truce breakers at all the Borders, it is thought expedient that swift command be given by our sovereign lord to his wardens, justices, sheriffs and all his other officers to set courts, justice ayres and other courts as often as need be, and cause the searching and seeking for the arresting and capturing of the said trespassers and punish them severely with justice in such a way that through their terror and example such trespass will be prevented in the future.
[1488/1/23]*[print] [email] [cite] [preceding] [following]
Item, it is decreed and ordained that the act, deliverance and ordinance made previously by the lords of our sovereign lord's council regarding the fishing and making of herring and other fish on the west sea and Lewis be observed and kept in time to come as was previously ordained by the parliament, and that our sovereign lord grant no letters in the future against that neither to foreigners nor to others. And if there are any persons who have since the making of the said act and ordinance done to the contrary of it and broken the same, that those persons be immediately called for that and if they are found guilty of it that they be punished according to the form of the same act and ordinance.
[1488/1/24]*[print] [email] [cite] [preceding] [following]
Item, it is thought expedient and also decreed and ordained that as our sovereign lord and his progenitors of good memory have a special bull of privilege under the lead [of the seal] for them and their successors, that his highness shall receive no legate or messenger of the court of Rome within his realm, unless the reason for their arrival and what charges they have is known to the king and his council before they enter his realm, so that it may be understood that they do not bring charges or commands against the king's highness and the common good of his realm, that therefore our said sovereign lord observe and keep his aforesaid privilege. And if any legate or messenger now coming or happens to come hereafter, it is also thought expedient by the lords, barons and commissioners of the articles that his good grace send to the Borders or any such entry [place] within his realm, and cause them to remain outwith his realm, until they send and show his highness the reason for their coming and the charge that they have, so that it may be understood whether it is against our sovereign lord's privilege and the common good of his realm or not.
[1488/1/25]*[print] [email] [cite] [preceding] [following]
Item, as regarding the statute made in the last parliament that all actions, summons and causes shall go before the sheriffs and judges ordinary, because the king's highness understands that it deferred justice to many parties that [meant they] could not get law administered to them before their ordinaries, †therefore our sovereign lord, with [the] advice of his estates, declares in this his parliament that it shall be lawful for all parties in the future to raise and pursue summons before our sovereign lord and his council, just as they used to do in former times, despite the said statute, and that all summons newly raised after the proclamation and issue of the last parliament are deferred because of the aforesaid act and statute.
[1488/1/26]*[print] [email] [cite] [preceding] [following]
Item, it is decreed and ordained that the statute made previously regarding the goods of the persons to whom justice is administered and what part the coroners should have of it, and in particular of this point where it is said in the said statute of tamed unshod horses, that it be interpreted and declared in this way: in the future that the said coroners shall have tamed horses that were never shod or used to shoes deputed to work and not for riding.
[1488/1/27]*[print] [email] [cite] [preceding] [following]
The lords of the estates being assembled at the command of our sovereign lord, and after [a] long discussion fully advised regarding the matter concerning the vacating of the see of Aberdeen by the translation of a reverend father Robert [Blackadder], former bishop of Aberdeen, to the bishopric of Glasgow, and regarding the right and privilege that our sovereign lord had for the presentation of the deanery of Aberdeen, which was vacated by the promotion of a reverend father James [Chisholm], bishop of Dunblane, the said lords understand and declare that, considering our holy father the pope's diverse bulls with a breviate sub annulo piscatoris shown and produced before them, and for certain other writs, reasons and considerations, that the said see of Aberdeen is still vacant as to the right and privilege of our sovereign lord since the translation of the said reverend father Robert to the said bishopric of Glasgow, and that our sovereign lord and his predecessors have been and are of the habit, custom and possession by the right of his crown to present to all benefices vacant at the time of the vacancy of the seats of bishops, and that the said seats are vacant always and until the bulls of provision and promotion of the bishops be presented to the king's highness and to the chapter, and that therefore his highness should defend and keep his clerk Master David Abercrombie unvexed and undisturbed in the using and enjoyment of the said deanery of Aberdeen as his highness has presented him to the same and he has received a formal collation to it, and if any persons have attempted or want to attempt to the contrary of his said right and privilege of his crown by application and purchasing the said deanery, that his highness make those persons be called for that and show their applications, and thereafter to make them be punished as is fitting by law.
[1488/1/28]*[print] [email] [cite] [preceding] [following]
On the aforesaid 29 January, our sovereign lord, with the advice of his three estates, has continued the aforesaid parliament until 5 May next, with continuation of days, and has committed the whole power of the body of the parliament to these lords and prelates undernoted to proceed against the secular persons who have attempted and acted in contradiction to and against the act and statute made regarding the erection of Coldingham as the king's chapel, and also to advise, discuss and conclude such other matters as shall occur in the meantime.
These are the names of the lords: