17 June 1535

Sederunt

On the which day the lords of the articles sat, with the exception of [George Crichton], bishop of Dunkeld and [Alexander Stewart], bishop of Moray, [David Beaton], abbot of Arbroath, [James Hamilton], earl of Arran and [Hugh Montgomery], earl of Eglinton.

  1. NAS, PA2/8, II, f.23v. Not contained in PA2/8, III version. Back
  2. NAS, PA2/8, II, f.23v; NAS, PA2/8, III, f.19v. Back
  3. NAS, PA2/8, II, f.23v; NAS, PA2/8, III, f.19v-20r. Back
  4. NAS, PA2/8, II, f.24r-v; NAS, PA2/8, III, f.20r-21r. Back
  5. Title in PA2/8, III version reads 'Regarding justice ayres'. Back
  6. NAS, PA2/8, II, f.24v-25r. Not contained in NAS, PA2/8, III version. Back
  7. Marginalia: 'superseded', deleted. Also, 'pronounced' written in margin below. Back
  8. A bribe given by a thief to secure him from prosecution or punishment. Back
  9. NAS, PA2/8, II, f.25r; NAS, PA2/8, III, f.18r. Back
  10. Marginalia: 'Pronounced' in PA2/8, II version. Back
  11. NAS, PA2/8, II, f.25r-v; NAS, PA2/8, III, f.18r-v. Back
  12. Marginalia: 'Pronounced' in PA2/8, II version. Back
  13. NAS, PA2/8, II, f.25v; NAS, PA2/8, III, f.18v-19r. Back
  14. Marginalia: 'Pronounced' in PA2/8, II version. Back
  15. NAS, PA2/8, II, f.26r-v left blank. Back
Procedure: protest
Protestation of the lord chancellor for his mother

On the which day [Gavin Dunbar, archbishop of Glasgow], lord chancellor, protested in the name and on behalf of Dame Janet Stewart, lady Mochrum, his mother, in the plea between [James Kennedy], laird of Blairquhan and [Thomas MacLellan, laird of] Gelston, touching the mails of the lands of Castelcruke and Killemanocht, and the interpretation of laws referred to the lords of parliament, in case they were interpreted against the said Laird of Gelston, should not hurt his said mother nor his right that she has thereto by reason of conjunct fee.

  1. NAS, PA2/8, II, f.23v. Not contained in PA2/8, III version. Back
  2. NAS, PA2/8, II, f.23v; NAS, PA2/8, III, f.19v. Back
  3. NAS, PA2/8, II, f.23v; NAS, PA2/8, III, f.19v-20r. Back
  4. NAS, PA2/8, II, f.24r-v; NAS, PA2/8, III, f.20r-21r. Back
  5. Title in PA2/8, III version reads 'Regarding justice ayres'. Back
  6. NAS, PA2/8, II, f.24v-25r. Not contained in NAS, PA2/8, III version. Back
  7. Marginalia: 'superseded', deleted. Also, 'pronounced' written in margin below. Back
  8. A bribe given by a thief to secure him from prosecution or punishment. Back
  9. NAS, PA2/8, II, f.25r; NAS, PA2/8, III, f.18r. Back
  10. Marginalia: 'Pronounced' in PA2/8, II version. Back
  11. NAS, PA2/8, II, f.25r-v; NAS, PA2/8, III, f.18r-v. Back
  12. Marginalia: 'Pronounced' in PA2/8, II version. Back
  13. NAS, PA2/8, II, f.25v; NAS, PA2/8, III, f.18v-19r. Back
  14. Marginalia: 'Pronounced' in PA2/8, II version. Back
  15. NAS, PA2/8, II, f.26r-v left blank. Back
Procedure: lords of articles' ruling on interpretation of law

On the which day, in the matter referred by the lords of session to the lords three estates of parliament for the interpretation of certain laws of the realm, shown and produced before the said lords of session in an action moved before them and yet depending by James Kennedy of Blairquhan against Thomas MacLellan of Gelston, for the mails and duties of the lands of Castell Cruke and Killemanocht, with the pertinents, lying within the sheriffdom of Wigtown, pertaining to the said Thomas in heritage, held of the said James immediately in chief, and through his being at the horn above a year and a day, the mails and duties of the said lands by the laws of the realm pertain and should pertain to the said James for the said Thomas's lifetime. And because the said laws were variant in themselves and, therefore, were referred to the interpretation of the estates of parliament if the same concerns simple slaughter or not, and should have place in that matter or not, as is contained in the act made thereupon at more length, of the date at Edinburgh, 4 March 1534 [1535], both the said parties being personally present with their procurators and forespeakers, the said laws and other reasons and allegations being heard, seen and understood, the lords of the articles, being fully advised therewith, find that the use in times bygone has been that the mails and duties of the lands of those that have been a year and a day at the horn held of other superiors than the king's grace, a year and a day being past, returns again to the superiors of the said lands for the lifetime of those who sustained such processes of horning, a year and a day as is said, except crimes of treason and lese-majesty, and find that the said laws should be so interpreted and used in times coming.

  1. NAS, PA2/8, II, f.23v. Not contained in PA2/8, III version. Back
  2. NAS, PA2/8, II, f.23v; NAS, PA2/8, III, f.19v. Back
  3. NAS, PA2/8, II, f.23v; NAS, PA2/8, III, f.19v-20r. Back
  4. NAS, PA2/8, II, f.24r-v; NAS, PA2/8, III, f.20r-21r. Back
  5. Title in PA2/8, III version reads 'Regarding justice ayres'. Back
  6. NAS, PA2/8, II, f.24v-25r. Not contained in NAS, PA2/8, III version. Back
  7. Marginalia: 'superseded', deleted. Also, 'pronounced' written in margin below. Back
  8. A bribe given by a thief to secure him from prosecution or punishment. Back
  9. NAS, PA2/8, II, f.25r; NAS, PA2/8, III, f.18r. Back
  10. Marginalia: 'Pronounced' in PA2/8, II version. Back
  11. NAS, PA2/8, II, f.25r-v; NAS, PA2/8, III, f.18r-v. Back
  12. Marginalia: 'Pronounced' in PA2/8, II version. Back
  13. NAS, PA2/8, II, f.25v; NAS, PA2/8, III, f.18v-19r. Back
  14. Marginalia: 'Pronounced' in PA2/8, II version. Back
  15. NAS, PA2/8, II, f.26r-v left blank. Back
Legislation
That justice ayres and processes be peremptorily at the second court, and how crownars shall make their arrests, and that great crimes be called at particular diets with the pains of those who complain wrongfully

Item, our sovereign lord, with the advice of his three estates of parliament, ratifies and approves the act and statute made of before in his highness's parliament held at Edinburgh, 10 July 1525, regarding the sitting of justice ayres to the second ayre as ayre and court peremptory and other points contained in the same, with correction and addition as follows after: Item, it is statute and ordained in this present parliament that, because the process of justice ayres is so long and protracted that in many years parties who are hurt and offended get no justice, trespasses and crimes pass unpunished, which is the occasion for many persons to commit crimes, trusting no hasty punishment or correction, that therefore in time to come the process of justice ayres and justice courts be peremptorily at the second ayre or court so that fugitives not compearing at the second ayre or court should be and shall be denounced as the king's rebels and put to his horn and all their goods his escheat. And also because many persons indicted to justice ayres are charged with surety to justice courts and customarily absent themselves and flee, and may absent themselves and flee, so that crownars cannot comprehend them personally to arrest them, in that case in all times to come it shall suffice the crownar to come to the dwelling place of the persons indicted and, there, give them warning and charge that they compear in the justice ayre then next to follow to answer to such accusations of crimes as shall be put to them, and thereafter upon the next Sunday or festival day following the said charge that the crownar make open and public intimation of his warning, charge and premonition made to the said persons by their names in their parish kirks, which charges, premonitions and intimations shall stand to them for sufficient arrestments, the crownar proving the same by his oath and a witness as is the old custom. And likewise the king's officers, making warning to private justice courts of any persons for any crimes not deserving rebellion, in case of failure to find surety, that they keep the same order and process, which shall be held and considered for sufficient finding of surety under the pain of the law, the actions not being for slaughter or mutilation; and ordains the justice general upon any manner of crimes, committed or to be committed, to set justice courts particularly when there is need for punishment of particular faults and crimes that occur, such as recent slaughter, mutilation, fire, ravishing of women, and as for depredations, masterful thefts and spoilation, that particular diets be set thereof at the discretion of the lords, the matter being first civilly decided before them. And because diverse persons in times bygone have raised suchlike letters to particular diets and have absented both themselves and the letters, and have not come to pursue their actions and, thereby, have abused the justice and brought the country to great expense, for remedy hereof it is ordained that in times coming the keepers of the signet shall answer no letters for calling of any person and parties to such particular diets unless the same is subscribed by the clerk writer to the signet and the justice clerk or his deputy, and that the justice clerk or his deputy shall take certain surety of the parties, purchasers of such letters, that they shall bring the same again to them, or the day set thereto, duly executed and endorsed under the pains contained in the letters that the party is called upon; and if any persons be called upon mutilation and the same is found to be no mutilation, the party pursuer shall content and pay the fine of £10, less or more, to the party pursued and expenses to the assize at the discretion of the justice and his assizer; and if one party calls any multitude for slaughter, mutilation or other crimes at such particular diets whereby the innocents are put to great trouble, charge and expense, and it is found that the said multitude are innocent of the deed, the party pursuer shall pay a fine of £10, less or more, to the party pursued and expenses to the assize at the sight and discretion of the justice and his assizers as they think cause; and if the purchasers of such letters be not accountable in goods for payment of the said expenses, their persons shall be put in prison and there to remain a year and a day and further enduring the will of his grace the king.

  1. NAS, PA2/8, II, f.23v. Not contained in PA2/8, III version. Back
  2. NAS, PA2/8, II, f.23v; NAS, PA2/8, III, f.19v. Back
  3. NAS, PA2/8, II, f.23v; NAS, PA2/8, III, f.19v-20r. Back
  4. NAS, PA2/8, II, f.24r-v; NAS, PA2/8, III, f.20r-21r. Back
  5. Title in PA2/8, III version reads 'Regarding justice ayres'. Back
  6. NAS, PA2/8, II, f.24v-25r. Not contained in NAS, PA2/8, III version. Back
  7. Marginalia: 'superseded', deleted. Also, 'pronounced' written in margin below. Back
  8. A bribe given by a thief to secure him from prosecution or punishment. Back
  9. NAS, PA2/8, II, f.25r; NAS, PA2/8, III, f.18r. Back
  10. Marginalia: 'Pronounced' in PA2/8, II version. Back
  11. NAS, PA2/8, II, f.25r-v; NAS, PA2/8, III, f.18r-v. Back
  12. Marginalia: 'Pronounced' in PA2/8, II version. Back
  13. NAS, PA2/8, II, f.25v; NAS, PA2/8, III, f.18v-19r. Back
  14. Marginalia: 'Pronounced' in PA2/8, II version. Back
  15. NAS, PA2/8, II, f.26r-v left blank. Back
For eschewing of theft, stealing and robbery

Item, because the crimes of theft and violent robbery are so commonly practiced amongst the king's lieges, and for staunching of the same, it is statute and ordained in this present parliament that where any of the king's lieges express a grievance or complains upon a thief that has reived or stolen his gear or his men's, and is in service or in submission to the authority of any man and shows the same to the man that he is in service with, and would accuse him before the law for the same, this man that this thief or reiver is in service with, or finds him with him or under his submission, shall be held and obliged to produce and bring him to the law before the justice, sheriffs or any other that has knowledge to do justice upon such persons, committers of such crimes, at days and places affixed to them to underlie the same, or else shall deliver the said thief or reiver to the complainer to be brought to the law and justified as is said; and if his master or sustainer of this thief or reiver refuses to do the same, he shall be held art and partaker of his evil deeds and shall be accused thereof as the principal thief or reiver, and also shall restore and satisfy to the complainer the goods reived and stolen from him; and if this complainer, after he has arrested this thief or delivered to him as is said, would make agreement with the said thief and take thift-bute and put him from the law, in that case he shall underlie the law and be accused thereof as the principal thief or reiver; and if he arrests and accuses him of the said theft or robbery and is found innocent thereof, the said complainer shall be held and obliged to give to the said man that he slanders innocently £10 for amends of the said slander.

  1. NAS, PA2/8, II, f.23v. Not contained in PA2/8, III version. Back
  2. NAS, PA2/8, II, f.23v; NAS, PA2/8, III, f.19v. Back
  3. NAS, PA2/8, II, f.23v; NAS, PA2/8, III, f.19v-20r. Back
  4. NAS, PA2/8, II, f.24r-v; NAS, PA2/8, III, f.20r-21r. Back
  5. Title in PA2/8, III version reads 'Regarding justice ayres'. Back
  6. NAS, PA2/8, II, f.24v-25r. Not contained in NAS, PA2/8, III version. Back
  7. Marginalia: 'superseded', deleted. Also, 'pronounced' written in margin below. Back
  8. A bribe given by a thief to secure him from prosecution or punishment. Back
  9. NAS, PA2/8, II, f.25r; NAS, PA2/8, III, f.18r. Back
  10. Marginalia: 'Pronounced' in PA2/8, II version. Back
  11. NAS, PA2/8, II, f.25r-v; NAS, PA2/8, III, f.18r-v. Back
  12. Marginalia: 'Pronounced' in PA2/8, II version. Back
  13. NAS, PA2/8, II, f.25v; NAS, PA2/8, III, f.18v-19r. Back
  14. Marginalia: 'Pronounced' in PA2/8, II version. Back
  15. NAS, PA2/8, II, f.26r-v left blank. Back
That no man ride but in a sober manner

Item, it is statute and ordained that, because there have been great inconveniences and trouble wrought in the country by great persons through convocation of the king's lieges at courts and gatherings, that therefore that no man take upon hand to ride to such courts or gatherings with more persons than they may daily sustain in household, except that it shall be lawful to sheriffs, stewarts, bailies and others the king's officers to ride with a greater number for the execution of justice and bearing forth of the king's authority; and who so does in the contrary thereof shall be called immediately at our sovereign lord's instance to be punished thereof in his person and goods at the will of his highness.

  1. NAS, PA2/8, II, f.23v. Not contained in PA2/8, III version. Back
  2. NAS, PA2/8, II, f.23v; NAS, PA2/8, III, f.19v. Back
  3. NAS, PA2/8, II, f.23v; NAS, PA2/8, III, f.19v-20r. Back
  4. NAS, PA2/8, II, f.24r-v; NAS, PA2/8, III, f.20r-21r. Back
  5. Title in PA2/8, III version reads 'Regarding justice ayres'. Back
  6. NAS, PA2/8, II, f.24v-25r. Not contained in NAS, PA2/8, III version. Back
  7. Marginalia: 'superseded', deleted. Also, 'pronounced' written in margin below. Back
  8. A bribe given by a thief to secure him from prosecution or punishment. Back
  9. NAS, PA2/8, II, f.25r; NAS, PA2/8, III, f.18r. Back
  10. Marginalia: 'Pronounced' in PA2/8, II version. Back
  11. NAS, PA2/8, II, f.25r-v; NAS, PA2/8, III, f.18r-v. Back
  12. Marginalia: 'Pronounced' in PA2/8, II version. Back
  13. NAS, PA2/8, II, f.25v; NAS, PA2/8, III, f.18v-19r. Back
  14. Marginalia: 'Pronounced' in PA2/8, II version. Back
  15. NAS, PA2/8, II, f.26r-v left blank. Back
For maltmakers

Item, because our sovereign lord's lieges, inhabitants of the burgh of Edinburgh and others repairing thereto, are greatly oppressed and injured by the maltmakers of Leith and others within and about the said burgh in the selling of their malt too high and at an exorbitant price for 4, 5 or 6 shillings higher than they buy the barley, therefore, it is statute and ordained that the said maltmakers in time coming shall make and sell their malt for suitable profit, taking 2 shillings only more for the boll of malt than the boll of barley is sold and not above, with certification that whoever comes in the contrary hereof, that the provost and bailies of Edinburgh shall escheat the said malt, and the said maltmakers taking more than 2 shillings for the boll above the boll of barley which shall make the different price shall be called and punished thereof as oppressors of the king's lieges, and particular justice courts shall be set to them thereof; and our sovereign lord shall give commission to such as best pleases his grace to call all the said maltmakers, breakers of this statute and act, before them in the tolbooth of Edinburgh to do justice upon them as they think expedient, and to cause the said act and statute to be observed and kept in all points.

  1. NAS, PA2/8, II, f.23v. Not contained in PA2/8, III version. Back
  2. NAS, PA2/8, II, f.23v; NAS, PA2/8, III, f.19v. Back
  3. NAS, PA2/8, II, f.23v; NAS, PA2/8, III, f.19v-20r. Back
  4. NAS, PA2/8, II, f.24r-v; NAS, PA2/8, III, f.20r-21r. Back
  5. Title in PA2/8, III version reads 'Regarding justice ayres'. Back
  6. NAS, PA2/8, II, f.24v-25r. Not contained in NAS, PA2/8, III version. Back
  7. Marginalia: 'superseded', deleted. Also, 'pronounced' written in margin below. Back
  8. A bribe given by a thief to secure him from prosecution or punishment. Back
  9. NAS, PA2/8, II, f.25r; NAS, PA2/8, III, f.18r. Back
  10. Marginalia: 'Pronounced' in PA2/8, II version. Back
  11. NAS, PA2/8, II, f.25r-v; NAS, PA2/8, III, f.18r-v. Back
  12. Marginalia: 'Pronounced' in PA2/8, II version. Back
  13. NAS, PA2/8, II, f.25v; NAS, PA2/8, III, f.18v-19r. Back
  14. Marginalia: 'Pronounced' in PA2/8, II version. Back
  15. NAS, PA2/8, II, f.26r-v left blank. Back
Of craftsmen, brewers, sellers of salt and victual within the burgh

Item, because of the great oppression daily done upon our sovereign lord's lieges by cordiners, smiths, bakers, brewers and all other craftsmen, sellers of victual and salt, compelling them to pay exorbitant prices for their stuff and workmanship, to the great harm of all our sovereign lord's lieges, bringing such dearth in the country that the same may not be sustained, for remedy hereof, it is statute and ordained that our sovereign lord shall give commission to a certain number of his lords and others who his grace pleases best to sit, and with them the provost of Edinburgh, and make such statutes and ordinances as they shall think most expedient for the common good, to cause all craftsmen within the town of Edinburgh, and others of the realm, to make good and sufficient stuff and sell the same at a suitable price and to take suitably for their workmanship and labours if they work another man's stuff and matter, and to make all sellers of victual or salt to sell the same at a suitable price without dearth; and whoever does in the contrary, to punish them with all rigour, and the said commissioners to do justice upon the breakers of these ordinances as often as they hear murmur or complaint thereof, and to punish them in their goods as they find the greatness of the fault as appropriate.

  1. NAS, PA2/8, II, f.23v. Not contained in PA2/8, III version. Back
  2. NAS, PA2/8, II, f.23v; NAS, PA2/8, III, f.19v. Back
  3. NAS, PA2/8, II, f.23v; NAS, PA2/8, III, f.19v-20r. Back
  4. NAS, PA2/8, II, f.24r-v; NAS, PA2/8, III, f.20r-21r. Back
  5. Title in PA2/8, III version reads 'Regarding justice ayres'. Back
  6. NAS, PA2/8, II, f.24v-25r. Not contained in NAS, PA2/8, III version. Back
  7. Marginalia: 'superseded', deleted. Also, 'pronounced' written in margin below. Back
  8. A bribe given by a thief to secure him from prosecution or punishment. Back
  9. NAS, PA2/8, II, f.25r; NAS, PA2/8, III, f.18r. Back
  10. Marginalia: 'Pronounced' in PA2/8, II version. Back
  11. NAS, PA2/8, II, f.25r-v; NAS, PA2/8, III, f.18r-v. Back
  12. Marginalia: 'Pronounced' in PA2/8, II version. Back
  13. NAS, PA2/8, II, f.25v; NAS, PA2/8, III, f.18v-19r. Back
  14. Marginalia: 'Pronounced' in PA2/8, II version. Back
  15. NAS, PA2/8, II, f.26r-v left blank. Back