[A1493/5/2]*[print] [email] [cite] [preceding] [following]
Regarding the first article touching the liberty and freedom of the holy church, it is advised by the lords of the articles, and also decreed and ordained in this present parliament, that our sovereign lord ensures that the old privileges and freedoms of the holy church and churchmen are defended and retained. And if the holy church or churchmen are hurt or injured in contradiction to justice, that they convey this to the king and they shall have reparation.
[A1493/5/3]*[print] [email] [cite] [preceding] [following]
Item, regarding the privileges of the church of Scotland granted by the popes to our sovereign lord's predecessors and to his realm, and that have been possessed and used during the times of princes of good memory, firstly the disposition of all benefices, both benefices which are specially or generally reserved as well as those that are not reserved by our sovereign lord, the see being vacant, it is advised by the lords of the articles, and also decreed and ordained in this parliament, that the same privileges be observed and kept at all times in the future. And if any of our sovereign lord's lieges try to go against it that they [are to] be punished with all rigour according to the form of the acts and statutes of parliament previously made for that. And that our sovereign lord makes the pains contained in the said acts be put into execution against them without any favours or exceptions of persons.
[A1493/5/4]*[print] [email] [cite] [preceding] [following]
Item, regarding the benefices, [both] religious and secular, which now go to the court of Rome, that were conveyed in the realm by elections and by other ways during the time of King James I, of most noble memory, that all those prelacies, abbeys, priories and other benefices remain and be regulated at all times in the future within the realm, just as they were during the time of the said King James I, and that no person tries to act against [this] under the pain of proscription and banishment, never to enjoy honour, dignity or benefices within the realm of Scotland.
[A1493/5/5]*[print] [email] [cite] [preceding] [following]
Item, regarding the privilege granted in favour of our sovereign lord and his realm which is far away from the court of Rome, that the pope's holiness has graciously granted to abide the king's letter and commendation concerning the regulating and promoting of all elective benefices or other prelacies for the period of 8 months, as purported by the bull under the lead [seal] for that, it is advised by the lords of the articles, and also decreed and ordained, that our sovereign lord make the same privilege and bull be observed and kept, and allow no promotions to go through against it. And that no manner of person of our sovereign lord's lieges, whatever estate or degree he is from, tries or makes an application against this without our sovereign lord's letter and commendation in particular for that benefice or prelacy which is to be purchased and is vacant at the time, as is said. And whoever acts against this will incur the pains of proscription and banishment and will be declared a rebel of our sovereign lord, never to enjoy honour, benefice or dignity within the realm. And that no kind of merchant or liege of his realm lend money to or support the persons acting against [this act] under the pain of forfeiture of life, land and goods.
[A1493/5/6]*[print] [email] [cite] [preceding] [following]
Item, regarding the bull and privilege granted to our sovereign lord's progenitors and his realm that no legate shall be received within the realm unless he is a cardinal or is native born of the realm, it is advised and ordained by the lords of the articles, and also decreed and ordained, that our sovereign lord cause and make the said bull and privilege be observed and kept at all time in the future according to the form and tenor of the said bull.
[A1493/5/7]*[print] [email] [cite] [preceding] [following]
Item, regarding the indult, privilege and faculties granted by our holy father the pope in perpetuity for the sees of St Andrews and Glasgow, the bishops of the same sees and their successors, to confirm the elections of all abbacies within their diocese, as purported by the said bulls and faculties, and that the said abbacies confirmed by them shall not need provision from the court of Rome, it is decreed and ordained in this present parliament that the said indult, bull, privilege and faculties granted to the said sees to remain for perpetual memory be observed and kept in all things in the future, despite any alleged renunciation or resignation made in the court of Rome by any particular person, without the advice and decision of the king's highness and estates, since the said privileges were granted for the common good of the realm and the said sees and cannot be renounced or given up without the consent of the king and the three estates and the chapters of St Andrews and Glasgow. And similarly, all other privileges, indults and faculties granted to Glasgow and to all other bishoprics and prelacies of the realm be observed and kept that are for the public good of the realm. And that our sovereign lord allow none of his lieges to work or try against [this act].
[A1493/5/8]*[print] [email] [cite] [preceding] [following]
Item, regarding the contention and plea now pending in the court of Rome between the [arch]bishops of St Andrews and Glasgow, the expense of which plea is an inestimable damage to the realm, for this reason it is thought expedient by the lords of the articles that the king's highness should write letters to both the said prelates exhorting and requesting them to leave their contentions, lawsuits and pleas against others now moved and pending between them in the court of Rome. And for the causes and motion of their plea, our sovereign lord shall cause to be seen and understood what is most profitable to be had and desired for the common good of the realm, and [he] shall send his letter to our holy father the pope conforming to it, just as shall be seen expedient by the king and his estates spiritual and temporal, and [he shall] command the party against to cease and to stop working against the thing which will be seen as profitable for the welfare and profit of the realm; with a warning to the said prelates that if they do not cease and leave the said pleas in the court of Rome and obey the plan and decision of our sovereign lord and his three estates, his highness will command and charge his lieges within his realm that none of them are to lend money or pay them fermes, rents or mails in order to sustain the said pleas and [thereby] exporting money from the realm. And similarly warning them that if any of them have in the past gone against the acts and statutes of this realm and the public good of the same, that he will have the one guilty of it become blamed, known and punished, as is fitting, according to the form and statutes of this realm.
[A1493/5/9]*[print] [email] [cite] [preceding] [following]
Item, regarding all other parties who are in contention and [have] pleas in the court of Rome on causes [of] benefices, it is advised and ordained by the lords of the articles that the king's orators and ambassadors who will travel to the court of Rome in his service will exhort and request of all the lieges of his realm, both clerks and secular who have pleas pending in the court of Rome, to cease and leave their pleas, prosecutions and litigations, and all such parties to come within the realm bringing their rights, bulls, writs and muniments with them, and our sovereign lord shall cause justice [to] be administered to them by their ordinary judge [to] whom it pertains. And if the ordinary is suspect and fails in the administration of justice, our sovereign lord shall, with the advice of his council, see and appoint to the contesting parties a competent judge who shall administer justice to all parties without partiality. And ordains that the act made for such matters by our sovereign lord's most noble progenitor of good memory King James I, whom God absolve, be observed and kept according to the form and tenor of the same.
[A1493/5/10]*[print] [email] [cite] [preceding] [following]
Item, because a notable act was made by [James III], our sovereign lord's father, whom God absolve, that none of the lieges of his realm, spiritual or temporal, make or cause to be made raised taxation of prelacies, abbacies or other benefices whatsoever on the obtaining of promotions and contentions for promotions in the court of Rome except according to old taxation, as is contained in the book of Bagimond's tax and no higher, therefore, conforming to the said act, it is decreed and ordained in this present parliament that if any spiritual person works or tries to go against this act, they being made known to our sovereign lord and his council, that spiritual person will not be able to enjoy that benefice or any other within the realm of Scotland, and [is] not to be granted with the use of benefices, and temporal men who go against [the act] forfeit their life and goods.
[A1493/5/11]*[print] [email] [cite] [preceding] [following]
Item, regarding the trouble and debate that exists among our sovereign lord's lieges of refusing money because of the cracks and flaws found in the gold or the silver, which is of adequate fineness and from our sovereign lord's imprint, and because of the number of different silver coins struck by various minters, the said silver and groats being of adequate fineness [and] bearing an imprint of our sovereign lord's mark, it is charged and commanded by our sovereign lord and the estates of parliament, with the advice of the lords of the articles, that all the king's lieges of his realm without objection [are to] receive and take the said money, [both] gold and silver as is said, for any merchandise or victuals, or other things for sale, despite the variety of imprints of the marks of many minters, as well as the mark of Gilbert Fische, which the common people call Berwick groats, as of the late Livingston and John Currour. And if any person or persons refuse the same against the statutes made for that in the last parliament, the possessor of the said money shall come to the officers or bailies of the town and show the said money, which on being [found] good and adequate the said officers will cause him to have the merchandise or pennyworths from the person who refuses the said money, and as much of the good money that he refuses the seller will forfeit to the king's escheat and deliver the pennyworths to the buyer. And if the money that was offered, gold or silver, [is found to] be false coin and bad material, seen and understood by the officers of the town with the advice of men who are informed about money, the said officers will clip and break the said false money and coin of bad material, gold and silver, so that it cannot cause any more trouble or disharmony among the king's lieges, and deliver the same clipped money back to the owner.
[A1493/5/12]*[print] [email] [cite] [preceding] [following]
As touching our sovereign lord's marriage, which is profitable to all the lieges of the realm, it is thought expedient by the lords of the articles, and also advised by the estates of the realm, that in this parliament a bishop, an earl, a lord and a knight are now to be chosen, and the personages to be chosen and named by the king's highness, and they to have commission to finalise and conclude the said marriage in France, or in any other realm which is thought expedient to our sovereign lord with the advice of the estates of his realm. And for their expenses [they are] to have the rest of the tax that was first granted to be immediately brought in by both the clergy and the barons and burgh commissioners, along with £1,000 last granted for the said cause. And [Alexander Inglis], archdeacon of St Andrews, Master Richard Robertson and two other temporal lords who will be appointed for that [are] to sit and take an account from the prelates, sheriffs, burgh commissioners and the collectors that were most recent, that is to say Sir Steven Lockhart, Thomas Stewart and Balder Blackadder, to come and make their accounts and show from whom they have received [money] and how much. And that no discharge given by the king shall [be of] value or be admitted since it was granted by the estates of the realm for our sovereign lord's marriage, and to no other [purpose]. And whichever person that does not compear and make a full account is to be imprisoned and their lands and goods are to be apprised for that. And further, the three estates have granted an increase of the said taxes of £1,000 to be given for the honourable bringing home of a queen in this following way, that is to say, £400 from the clergy, £400 from the barons, and £200 from the burghs to be received immediately.
[A1493/5/13]*[print] [email] [cite] [preceding] [following]
Item, it is advised by the lords of the articles that for the defraudation done to our sovereign lord in his customs by foreigners and outsiders from other realms, who come to this realm and have their lodgings and [stay at] inns in the town of Leith, and at other ports of the realm, and charge their goods at sea and their other commodities, not paying their customs and duties to our sovereign lord in such a way that their goods are not entered as is appropriate and their commodities are not shown to the customs men and clerks of the cocket, it is decreed and ordained that in the future when any ship of outsiders or foreigners from other realms come into the harbour of Leith, or any other port within the realm, that the master or merchants of the said ship must have their lodging and [stay in] inns in the principal town of the said port, and enter their goods as is fitting, and [they must not] charge any goods or commodities at sea until the customs men and clerks of the cocket see which goods and commodities they [are] sending by sea, and the customs and duties are paid for them. And the host of the inns where the said foreigners are lodged will answer to the king for their customs and duties if the said strangers go away uncustomed, and the said host will give an account to the king's officers and customs men of what goods he has taken out as relating to the quantity of goods that he entered, so that it will be clearly understood that he has sent away goods and not money. And if any are found who break this statute [by] sending money away, all the said money and his other goods will be the king's escheat. And the king's highness is to depute inspectors for this who will search for the same as they will be responsible for it to his highness and his estates.
[A1493/5/14]*[print] [email] [cite] [preceding] [following]
Item, it is thought expedient because it is clearly understood that the burgh craftsmen, such as cordiners and others, take from men of the same craft who come to the market on Mondays a penny from each man, which is the cause of dearth and raising of their pennyworths, such as shoes which used to be sold for 12d or better price and other commodities that are raised from a penny to six or eight pennies, which is very damaging to the common profit, that therefore no manner of craftsmen, such as cordiners, take any type of taxes, penny or other than was usual to be taken through the old law. And whoever acts against [this] will be known as an oppressor of the king's lieges, and is to be indicted for that, and the clerk of the justice ayre [is] to take dittay for that so that he who breaks [this act] loses his life for it as for common oppression.
[A1493/5/15]*[print] [email] [cite] [preceding] [following]
Item, because it is clearly understood by the king's highness and his three estates that the use of deacons of craft in burghs is very dangerous and that those that use the same may be the cause of great trouble in burghs and lead to the gathering and assembling of the king's lieges by statutes against the common profit and for their own singular profit and value, which deserves great punishment, and also pertaining to masons and other craftsmen who gather together and regulate their craft, such as masons and wrights and others, that they shall have their fees on holy days as well as work days, or else they will not labour or work, and, since some of them who begin another man's work and leave the said work at his choice, and then none of the said craft dare to complete or finish the same work, it is for this reason advised, decreed and ordained that all such deacons shall cease for a year and have no other power except to examine the fineness of the material and the work that is created by the rest of his craft. And as pertains to masons, wrights and other craftsmen who decree that they shall have fee for holy days as well as for the work days, that all who make and use the said statute will be indicted as common oppressors of the king's lieges through these statutes, and that the clerk of the justiciary shall take dittay on this, and they [are] to be punished as oppressors. And similarly those who make the statutes, that where anyone begins a man's work another shall not finish it, that all those who make and use [that statute] will be punished as oppressors of the king's lieges, and dittay [is] to be taken for this as is aforenoted.
[A1493/5/16]*[print] [email] [cite] [preceding] [following]
Item, regarding the complaint made about the taking of multure from the flour that comes from other lands into the port and harbour of Leith, it is thought expedient, advised and ordained that all such statutes cease until the next parliament and that no multure be taken for such flour in the future nor from the flour that comes to the market, rather that it comes to the market and is sold without multure or any other new taxation than used to be taken previously. And that all manner of men be free to bring and sell victuals all days of the week, as well as on the market day. And this act [is] to be observed and kept in all burghs of the realm.
[A1493/5/17]*[print] [email] [cite] [preceding] [following]
Item, because there are many different statutes which contain the pain of dittay at the end of them and have not been clearly examined in the past at the taking of indictments as they should have been, through which various persons [who] have broken the said statutes have not been punished, it is advised, decreed and ordained that the clerk of the judiciary take out of the king's statutes all those statutes which have the pain of dittay at the end and have them examined at the taking of dittay on every point, so that the trespassers and breakers of the statutes may be punished in every shire according to justice and to the effect of the same broken statutes. And this is to be done immediately before the proclamation of any justice ayres.
[A1493/5/18]*[print] [email] [cite] [preceding] [following]
Item, it is decreed and ordained that no customs men within burghs take any high taxes, customs or duties [other] than [what] is statute and usual in the old law, and whoever acts against this is to be punished as an oppressor and breaker of the king's law and dittay is to be taken of it. And similarly those who use false measures and weights, [thereby] deceiving the people, [are] to be indicted as false dealers and dittay [is] to be taken of it by the justice clerk.
[A1493/5/19]*[print] [email] [cite] [preceding] [following]
Item, because it has been previously decreed that setters of muir-burning should pay a fine to the king, and because it is clearly understood that the poor people who dwell on leased land and are only servants to their lords who own the land and do it by their request and command, therefore it is decreed and ordained that he who owns the land because he commanded that to be done during the forbidden time, shall pay a fine of 40s to the king, and dittay [is] to be taken on them both for that, and the persons who do the same are to pay another fine.
[A1493/5/20]*[print] [email] [cite] [preceding] [following]
Item, it is decreed and ordained that where any herons build or have nests within [lands belonging to] lords, barons or other lands within the realm, that for the period of the next three years no manner of person or persons [is to] slay any of the said herons young, or destroy their nests, eggs or birds throughout the said three years, with assurance that it will be a point of dittay, and those who are convicted of it will pay £10 of a fine to the king, and dittay [is] to be taken by the justice clerks for it. And where it is understood that for the pleasure of the king's highness any persons [who] keeps the said nests and do not allow any persons to destroy them will have thanks and favours from our sovereign lord, as is fitting, and a fine is to be given for that.
[A1493/5/21]*[print] [email] [cite] [preceding] [following]
Item, regarding the great innumerable riches that are lost through the lack of using ships and bushes for fishing, just as is done in other realms trading with the sea, and for the benefits and gains that can be had by this, and in order to make idle men [and] vagabonds labour for their living in order to eschew vices and idleness, and for the common profit and universal good of the realm, it is thought expedient by the lords of the articles, and also decreed and ordained in this present parliament, that ships and bushes [are to] be made in all burghs and towns within the realm, and that the smallest of the said ships and bushes [is to] be of 20 tuns, and that the towns and burghs have the said ships and bushes according to the substance of each town, and in the manner that follows hereafter, well furnished with all necessary articles for the said ships and busses and with sailors, nets and other necessary items convenient for catching large and small fish, and all the said ships and bushes [are] to be ready made and furnished to go to the fishing by next Shrove Tuesday [11 February 1494]. And in each royal burgh officers of the burgh [are to] make all the strong idle men within their bounds go with the said ships for their wages, and if the said idle men refuse to go they [are to be] banished from the burgh. And in the baronial burghs which are near the sea the sheriff of the shire [is to] compel the idle men within his bounds to go to the said ships for their wages, and if they refuse, [they are] similarly to be banished from his shire. And if the officers of the burghs or sheriffs of the shires are found negligent, either in sending out the said ships and bushes or [in] compelling the idle men to go on them for their wages, or banishing them from their burghs or shires if they refuse as is said, they shall each pay the king a fine of £20, that is to say the officer of the burgh at the time and the sheriff of the shire, for which they will be charged in the exchequer and give an annual account.
[A1493/5/22]*[print] [email] [cite] [preceding] [following]
Item, it is decreed, concluded and ordained in this present parliament by all three estates that because they have advised, considered and understood that [James III], our recently deceased sovereign lord, whom God absolve, being at the time angered and displeased by the bad counsel that was around him at the time a little before his death, alienated and removed from his own lands and possessions pertaining to his highness in property, and also against justice and good conscience received and took resignations of various lands and gave infeftments in disinheritance and the disinheriting of the rightful heirs by the pleading and persuasion of the bad counsel that was around him, as is said, without any reasonable cause, to the displeasure of God, against justice and to the injury of his soul, that therefore all the said donations and infeftments made and given by him from 2 February 1487 [1488] until the day of his death shall be of no value, force or effect in the future, but that our current sovereign lord's highness shall be restored and reintegrated to all lands, rents [and] possessions that were in any kind of way alienated and given by his father to whichever persons within the said time. And similarly that all resignations received by him and infeftments that he gave to the disinheritance and disinheriting and removal of any lands and possessions from the rightful heirs shall be of no value, force or effect in the future, but that our sovereign lord and all other persons that were hurt during the said time shall be and are by virtue of this act entirely restored to all rights as they were before the said day; and void and annul all donations, gifts and infeftments made after the resignations within the said time, and determine them to be of no value, force or effect within judgement or without in the future.
[A1493/5/23]*[print] [email] [cite] [preceding] [following]
Item, as it is allowed and permitted by the constitutions and ordinances of laws, civil and canon, that persons appointed in youth and tender age, who are greatly damaged and injured in their inheritance by imprudent alienations, donations, sellings and permutations of the same, may [on attaining] the age of majority make revocation and reduction of prejudicial things done to them during their minorities and tender age.
For this reason, we, James, by the grace of God king of Scots, clearly understand that part of alienations, donations and gifts of our inheritances of our realm were made by our progenitors of good memory, whom God absolve, and similarly part by us in our youth and unperfect age, in damage and prejudice to the crown of Scotland, and similarly that at the time of our coronation and taking of the sceptre of our realm we promised and swore on the holy Gospel of our lord Jesus, our saviour, that we would observe and keep the right, honour, preeminence and privileges in lands, rents, possessions, duties and other things pertaining to this, as is more definitely shown in the law of the holy church; and also as it is seen right profitable for the estates of our realm that we have lands, lordships and possessions to the honourable maintenance and upholding of our royal dignity; and also that we have power, faculty and substance for the defence of our lieges and realm which lie on the dry borders to England, which has long been our enemy; and for these considerations and others in the time of others our present parliament, by the advice and counsel of the estates present in the same,
We revoke, reduce, void and annul all infeftments, donations, alienations and dispositions by any manner of way in fee or freehold of the lands, lordships, customs, annuals, fishing and burgh mails annexed to the crown, or any part of them, as well given by our father as by us to any person or persons, to be reduced again to us and our crown, by virtue of the act and statute made for the annexations, and according to the form of the same.
Also we similarly revoke all alienations made of any heritage annexed to the prince, second person of the realm.
Item, similarly we revoke, void and annul all donations, alienations, feu fermes and gifts whatsoever in liferent or otherwise made in our minority of the lands, customs or annual rents or any other revenues that our father had in his possession [at] the time of his death, gifts of offices for terms such as chamberlainry, bailiary, the office of customs-collector or clerk of cocket made for more years but from the same exchequer, until the account is made in the next exchequer following, with lease and tacks made of our lands for long terms.
Similarly we revoke and void all tailzies made from the general heirs to the male heirs of any lands in our realm.
Item, we revoke all alleged entries, sasines and possessions obtained and used by any person of our realm of the lands, lordships or possessions that were in [James II], our grandfather's or in [James III], our father's hands, and obtained and taken out of our father's hands or our own hands [when] our father or ourself were within [the] age [of minority], which cannot be pursued until our age of maturity, through the strength of the act of parliament made for that.
And further, we revoke all new infeftments of lands given in blench ferme that were previously held from us in ward and relief.
Moreover, we revoke all regalities, or confirmation of regality, that did not possess [the status of] regality in the past, and all offices given by us or by our father in inheritance after the acts and statutes [were] made that no regality or office should be given in inheritance without the advice and careful discussion of the whole parliament.
Item, we revoke all alienations made of any inheritance during our minority that had lawfully come into our hands through bastardry or any other similar way, and liferents given by us during our minority as is said.
Item, we revoke all the new creations of lands in baronies and annexations and unions of different lands into a fee in prejudice of our due service owed to us and to our progenitors previously, and similarly the discharges of service and suits of courts owed of old to our progenitors.
Item, we revoke all new infeftments given of creations of baronies in the lands and lordships annexed to the crown.
Item, we revoke, reduce, void and annul all gifts of patronages and advocations of churches and benefices that pertain to the crown.
Item, we revoke and void all things that the common law allows us to revoke and reduce.
And generally we revoke, reduce, void and annul all and any things done detrimental to and harming our soul and conscience, hurting the privilege and freedom of our crown, prejudicial and damaging to our inheritance for us, our heirs or successors, with this addition and protestation: that if we, by our favour and benevolence, allow any person or persons to use or possess any privilege or possession to the legal users and holders of the same, it shall be lawful for us to put our hands to it whenever it shall please us without any contradiction by virtue and strength of this our revocation.
Item, we revoke in the aforesaid manner all confirmations given where the whole lands or the greater part of them were alienated before the giving of the said confirmation and the same obtained under pretext, we not knowing the alienations that the said lands were falling to us through alienation as forfeit.
26 June 1493, indiction, etc., first year of the pontificate of Pope Alexander VI, the said supreme lord our king in Edinburgh tolbooth etc. granted that the lands given to [Patrick Hepburn], earl of Bothwell and John Ross, knights, do not fall under the aforesaid revocation.
[A1493/5/24]*[print] [email] [cite] [preceding] [following]
Item, it is decreed and ordained that the old statute made regarding the barrelling of salmon of the old Aberdeen measurement [is to] be observed and kept according to the form of the same with this addition: that where any cooper or craftsman makes any barrels of smaller measurements than the said old measurement and is convicted of that [he] shall pay 10s as a fine and dittay [is] to be taken for that.
[A1493/5/25]*[print] [email] [cite] [preceding] [following]
Item, that the act and statute made previously regarding ships and fishing at the west coast [is to] be observed and kept in all things according to the form of the said act.