[1540/12/9]*[print] [email] [cite] [preceding] [following]
Item, the king's grace, with the advice and consent of the three estates of parliament, forasmuch as there were diverse statutes, constitutions and acts made in the last parliament for the honour of God and Holy Kirk, welfare of our sovereign lord, zeal of justice and concerning the common welfare of this realm and lieges thereof, which remained at that time unpronounced and authorised by his grace and the three estates, therefore, has devised, statute and ordained that the said acts be now pronounced in his highness's presence and the three estates, so that the same may be kept in time to come as law in this realm, with the authority of the whole body of parliament, of which statutes the tenors are preceding.
[1540/12/10]*[print] [email] [cite] [preceding] [following]
We, James, by the grace of God, king of Scots, understanding clearly the privilege of canon law, the acts and statutes of our realm, provided and given to the succour† of all manner of persons to revoke, void and annul all things done by them in their youth and less-age, whereby they are greatly and heavily damaged and harmed in their heritages by imprudent alienations, donations and sellings of the same, and that they may at their perfect age revoke the same of all things prejudicial done by them in their minority and less-age and, therefore, our predecessors, kings of Scotland, at their perfect age of 25 years passed have, in times bygone, made revocation of all such things that has been done by them in hurt and detriment of the crown, lands, rents and possessions pertaining to the same and other things in which they, by circumvention, were damaged and harmed, made their revocation voiding and annulling all such gifts, alienations and donations; therefore, we, at our perfect age of 25 years bygone, being for the time out of our realm in the parts of France, made our general revocation in brief at Rouen, 3 April 1537, as at more length is contained in an instrument made thereupon subscribed by the hand of Master George Cook, notary public, of which the tenor follows:
We, for certain great and reasonable causes moving us and having respect to the welfare of our crown and common welfare of our realm, revoke all manner of whatsoever gifts, infeftments and dispositions we have made, or have been made, by our tutors and governors for the time during our minority and less-age, in whatsoever cause or case that they may come under revocation by the common law or consuetude of our realm, protesting solemnly that our absence out of the same at this time and the solemnities required on that behalf not being done be to us of no prejudice regarding the said revocation, with which we dispense and supply all faults therewith by our kingly power and royal authority, and will that this stand for our general revocation of all manner of things done by us or our said tutors, and the same to be extended in the most ample and large form as any other revocations made by [James IV], our most noble father, or our progenitors, kings of Scotland. The which our said general revocation, we, in this present parliament, with the advice and consent of our three estates, ratify and approve and yet as after follows revoke, void and annul in general and also in special.
In the first, we revoke, void and annul all infeftments, donations, alienations and dispositions made by us, our tutors or governors or regents in our less-age in any manner of way in feu, feuferme or freehold of any lands, lordships, customs, annualrents, fishings, burgh mails and castle wards annexed to our crown or any part thereof, as well given by our father, whom God absolve, as by us to any person or persons in opposition to the acts made thereupon of before, to be returned against to us and to our crown by virtue of the acts and statutes made of annexations and after the form of the same.
Item, we revoke all alienations of any rents, lands and heritages annexed to the principality and to [James Stewart], the prince,† second person of the realm, made by us in manner foresaid.
Item, similarly we revoke, void and annul all donations, alienations, feufermes and gifts whatsoever in liferent or other ways in our non-age, of the lands, rents, annualrents or any other revenues that our father had in his possession at the time of his death by gift or otherwise, and of all offices such as chamberlains, bailiaries and customs officials made for more years but from one exchequer until the account be made in the next exchequer thereafter following, and also all assedations and tacks made for longer terms than five years.
Item, similarly we revoke and void all tailzies made from the general heirs to the heirs male of any lands within our realm against the law and good conscience.
Item, we revoke all new infeftments of lands given in blench ferm that were held from us before by service of ward and relief.
Item, we revoke all regalities and confirmations of the regalities, and of all offices given by us in heritage or by our father against the acts and statutes that no regality should be given in heritage without the advice and deliberation of the whole parliament.
Item, we revoke all alienations made of any heritages in our non-age that became lawfully in our hands by reason of forfeiture, bastardy or other ways, and liferents given thereof in our minority.
Item, we revoke all new creations of lands and baronies and annexations and unions of diverse lands into fee in prejudice of our due service owed to us and our progenitors of before. And likewise we revoke all discharges of service of suits of courts owed of old to our progenitors.
Item, we revoke all new infeftments given of creation of baronies in the lands and lordships annexed to our crown.
Item, we revoke all gifts and confirmations given by us of whatsoever lands and heritage by evil and false suggestion by the naming of a false cause, where if they had been named a true cause and truthfully, we would not have given the same and, therefore, we are greatly and enormously hurt.
And generally we revoke, void and annul all and whatsoever things done by us in our less-age in detriment and harm of our soul and conscience, in hurt of the privilege of our crown, prejudicial to the same and to us in our patrimony thereof, and what the common law and consuetude of our realm leaves us to revoke. And this our revocation is to be of as great effect and as largely extended, in general and in special, as any revocation made by any of our progenitors, kings of Scotland, of before, and especially by our dearest father of good mind, whom God absolve, and King James II. And protests, supposing we, of our favour and benevolence, suffer any person or persons to use or possess any privileges or possessions of lands, rents and offices that are fallen under our revocation, it shall make no right to the users or holders thereof, but it shall be lawful for us to put our hands thereto whenever it shall please us, without any contradiction by virtue of our said revocation, acts and constitutions of our realm made of before.
[1540/12/11]*[print] [email] [cite] [preceding] [following]
Item, it is statute and ordained for augmenting, strengthening and improving the act made upon cursed folks and giving of the king's letters thereupon, and to meet frivolous appeals, that the king's letters shall have place to poind and distrain etc., supposing it be duly appealed, a year and a day being bypast, the appellant not bringing home his commission within a year and a day, being delayed by a lawful impediment; and the party for whom the king's letters shall happen to be given, finding sufficient caution before the lords of council to return the goods and gear that shall happen to be poinded by virtue of the said letters, if it shall happen the sentence whereupon the said letters shall be given is to be reduced by the judge delegate, notwithstanding any appeal therefrom, the appellant party being warned and called to hear the surety and caution taken and that the party appellant showing before the said lords the retracted sentence, letters be directed to poind the said sureties thereof.
[1540/12/12]*[print] [email] [cite] [preceding] [following]
Item, in the first, it is statute and ordained that the authority of the Holy Kirk be maintained and defended in all their privilege and liberties as they have been in our sovereign lord's time that now is and his predecessors, kings of Scotland, of most noble mind bypast.
[1540/12/13]*[print] [email] [cite] [preceding] [following]
Item, for the maintaining of justice and putting of good order thereto throughout all this realm, it is statute and ordained that all stewarts, bailies and sheriffs hold all their three head courts by themselves in proper person, unless they have a just and lawful excuse through being in the service of his grace the king and to prove the same by his grace's writing, or through sickness that they may not travel. And that the authority of his grace the king be not taken lightly and his lieges left in need of dutiful administration of justice, it is likewise statute and ordained that all barons and freeholders that owe suit and presence in the said courts be there personally and the absentees be fined with all rigour; and whoever owes just suit, that they send their suitors, honest and qualified men able to decide upon any cause according to the said law, and that the said sheriffs, stewarts and bailies admit no others, as he will answer to the king's grace; and whoever comes to the court, that he answer for himself and remain until the same is done and ended, and to pass upon inquests and assize and assist the king's sheriffs, stewarts and bailies in the administration of justice and performing of their offices and service according to their infeftments, as they will answer to the king's grace upon their uttermost charge.
[1540/12/14]*[print] [email] [cite] [preceding] [following]
Item, because our sovereign lord has been and is of good will and mind to have justice quickly done to all his lieges, so that through long processes his lieges be not long tarried and vexed in great expense, therefore, has statute and ordained that all sheriffs and temporal judges shall in time coming, in all personal actions, set their court peremptorily upon 15 days and direct their precepts thereupon, and at the said day proceed summarily and without delay, the party being warned upon 15 days, and make such processes in all things as is used before the lords of council and session, notwithstanding any said laws or constitutions made thereupon of before; and all other matters and actions to have such processes as they have had in times bygone.
[1540/12/15]*[print] [email] [cite] [preceding] [following]
Item, that all sheriffs and other officers of the king within this realm make their deputies, one or more, good and wise substantious men of best fame, knowledge, understanding and experience within the sheriffdom and least suspected, for whom they shall answer, for the universal administration of justice to all persons indifferently, and that they cause their deputies to be made, created and sworn in plain court and an act made thereupon; and if they continue their deputies longer than for one year, that they cause them yearly to be sworn to their offices for the administration of justice at the head courts after Michaelmas [29 September].
[1540/12/16]*[print] [email] [cite] [preceding] [following]
Item, that all sheriffs, stewarts and bailies cause their mairs and officers who shall execute the king's letters and charges, or their own precepts, to have a signet and in it engraved the first letter of their name or the first of their surname, or else some other thing that shall be universally known to be their signet, with which they shall sign all letters and precepts executed by them and endorsed in times to come; and that no endorsement shall have faith or be admitted except those that are signed with the said signets; and likewise that all officers of the king have their signets in the manner foresaid and sign all letters and charges executed by them under the pain of deprivation of their offices of those who make any such executions without their signets foresaid, and if any of their executions are in need of their signet, the same shall have no faith.
[1540/12/17]*[print] [email] [cite] [preceding] [following]
Item, for eschewing of great inconvenients and fraud done to the lieges of our sovereign lord by the summoning of them at their dwelling-places, and often falsely, who never get knowledge thereof, it is statute and ordained that in time coming, where any officer or sheriff in that part passes at the command of the king's letters or the precept of sheriffs, stewarts, barons or bailies to summon any party, if they cannot apprehend them personally, they shall pass to the gate or door of the principal dwelling-place where the person to be summoned dwells and their actual residence for the time, and there shall desire to have entry, which, if it be granted, they shall first show the cause of their coming, and if they cannot get the party personally, they shall show their letters or precept before the servants of the house or other reputable witnesses and shall execute their offices and charge, and thereafter shall offer the copy of the said letters or precept to any of the servants, which, if they refuse to accept, that they affix the same upon the gate or door of the person summoned; and likewise, if they get no entry, they first knocking at the door six knocks, they shall execute their office before reputable witnesses at the said house and dwelling place and affix the copy upon the gate or door thereof as is said, which shall be lawful and sufficient summoning and delivering of the copy, and neither the party nor the officer shall be held to give any other copy but at their own pleasure; and every officer in his endorsement shall make mention of his execution in the manner foresaid; and the party at whose instance the letter or precept is directed shall pay the expense of the affixed copy to the executing officer as is said, and shall be taxed and given to him again at the giving of the decreet or sentence if he happens to obtain it; and if the office is found culpable in the execution of his office, he shall be put in our sovereign lord's prison and punished in his person and goods at the will of his grace the king.
[1540/12/18]*[print] [email] [cite] [preceding] [following]
Item, regarding scribes and notaries, both to land and to burgh, because it is understood to the king's grace that the multitude of them generates a great confusion and many falsehoods are committed, for the remedy hereof, it is statute and ordained that every sheriff, with such persons as shall please the king's grace to join to them, shall call before them all notaries that are laymen within his sheriffdom and bounds of the office and examine them, and those who are held to be reputable and able men to execute the office, that they be admitted by an act in judgement, and that the said sheriff have a book and cause those who are admitted to write their subscription and signature in the said book, such as they subscribe all instruments and as they will use in time coming, and to discharge all others except those who are writers, notaries and scribes in our sovereign lord's courts of justice, both civil and temporal, who shall be admitted by the chancellor, president and lords of council; and after the said discharge, whoever makes any instrument, the same shall be of no value and have no faith, it being opposed by the party and not being proven in the contrary that the said notary is admitted as is said; and that all ordinaries cause the same to be done upon all notaries who are spiritual men within their diocese; and those that happen to be made notaries in times to come, that they do not use the said office of notary until the time they come before the sheriff or ordinary and get their admission, subscribe and put their signature in the said books as they will use in times to come, with certification to them if they fail, their instruments shall be of no value and make no faith.
[1540/12/19]*[print] [email] [cite] [preceding] [following]
Item, it is devised, statute and ordained, for eschewing of inconvenients in the giving of sasines by private notaries whose names are often unknown and whose protocols cannot be gotten in case the principal instrument is lost, destroyed, subtracted and held away, for eschewing hereof, that all sasines be given in time coming by the sheriff clerk or his deputies, for whom he shall answer, and by no others, upon all precepts that pass from the chancellery, and all other sasines to be given by reputable notaries admitted thereto and by no others.
[1540/12/20]*[print] [email] [cite] [preceding] [following]
Item, because in the preceding act there is great credence and faith to be given to the notaries and clerks of court, it is statute and ordained that all sheriffs, stewart, bailies and others, both to burgh and to land, present their clerks and notaries in the presence of my lord chancellor, president and lords of council, to be examined, sworn and admitted, providing always that whoever has power to choose clerks or notaries, that they may change or choose as they please, and whoever is newly chosen, to be presented and admitted as is said.
[1540/12/21]*[print] [email] [cite] [preceding] [following]
Item, regarding the act of parliament made of old where it is ordained that all sheriffs bring to their exchequer accounts once a year a book containing all sasines given by them, at the least the day, the month of the giving of the sasine and the name of the lands contained in the same be added in this manner, that the clerk of court come with the said sheriff or his deputies at every exchequer and bring the said book with him, subscribed with his own hand and sign manual, that the same may remain in the register so that the king's grace may know his tenants and all others having interest may have recourse thereto.
[1540/12/22]*[print] [email] [cite] [preceding] [following]
Item, for punishment of false notaries and of those who bear false witness or who induce any man to bear false witness, and likewise of those who make false instruments or cause to make any false instruments or use the same knowingly, that all such persons in time coming be punished in their persons and goods with all rigour, as is provided by the disposition of the common law, both canon, civil and statutes of the realm.
[1540/12/23]*[print] [email] [cite] [preceding] [following]
Item, for eschewing of the great inconvenients that daily occur in the reducing of the processes led before sheriffs, stewarts and bailies of burghs and regalities and barons where there is often produced and shown instruments contrary to others, that is to say, that instruments and acts made by the scribe of the court bearing one way, and instruments taken in other notaries' hands bearing another way, and often allegations that was never heard or known to the judge, his assizers or other members of the court; therefore, in time coming, it is statute and ordained that all instruments, notes and acts be made and taken in the hands of the scribe and notary ordinary of the court or his deputies, and if any party will have a notary with him for more security, that that notary pass and stand within bar, in whose hands it shall be lawful to any party to take documents, together with the notary of the court, and that each one of them be inserted as witnesses to others, with one part of the most reputable persons, assizers and other members of the court being within bar, with such other honest men as are present; with certification if this form and fashion be not kept, that the instrument taken in any other notaries' hands than the scribe of the court shall have no faith; and if the notary and scribe of court refuses to give instruments, acts or notes to any persons desiring the same, he shall lose his office and shall be called and punished in his person and goods at the will of his grace the king.
[1540/12/24]*[print] [email] [cite] [preceding] [following]
Item, regarding the article given in by the sheriffs that where they have their offices in heritage and are greatly hurt by the giving of commissions to other officers in causes pertaining to their offices, for remedy thereof, the king's grace, with the advice of his three estates, has ordained that no commission be given in time coming for the serving of brieves and apprising of lands except to the judge ordinary; and if any party shall happen to give in any complaint for the getting of the commissions for any cause that is reasonable, the said commission shall not be granted until the time the said sheriff, stewart and bailie are warned to hear the given commission, or else to argue a reasonable cause why the same should not be given.
[1540/12/25]*[print] [email] [cite] [preceding] [following]
Item, touching the article of leasing-makers to the king's grace of his barons, great men and lieges, and for punishment to be put to them thereof, the king's grace, with the advice of his three estates, ratifies and approves the acts and statutes made thereupon of before and ordains the same to be put to execution in all points; and also statutes and ordains that if any manner of person makes any evil information of his highness to his barons and lieges, that they shall punished in such manner and by the same pains as those who slander his grace of his lords, barons and lieges.
[1540/12/26]*[print] [email] [cite] [preceding] [following]
Item, because it is understood and well-advisedly considered by the king's grace and three estates of his realm, being assembled in this present parliament, that the patrimony of his crown and the revenues thereof being augmented is the great welfare and profit both to the king's grace and to all his lieges, and therefore it is thought expedient that our said sovereign lord, following the good example of his predecessors, should annex to his crown for the honourable support of his estate royal in all adventures and cases, both in war and peace, such lands and lordships as are now presently in his hands that are not annexed of before, and the said lands being annexed are to remain perpetually with the crown and may neither be given away in feu nor freehold to any persons of whatever estate or degree they be of, without the advice, decreet and deliverance of the whole parliament, and for the great reasonable cause concerning the welfare of the realm first to be advised and carefully considered by the whole estates; and albeit it shall happen our sovereign lord that now is, or any of his successors, kings of Scotland, to alienate and convey the said lordships, lands, castles, town, donations and advocations of kirks and hospitals, with their pertinents, to the crown as said annexed, that the alienation and disposition shall be of no value, but it shall be lawful to the king for the time to receive those lands to his own use whenever is suits his grace without any process of law; and the tackers† shall refund and pay all profits that they have taken up of those lands again to the king for all the time that they have had them, with such other restrictions as are contained in the acts of parliament made by his most noble predecessors, kings of Scotland, in annexation to the crown; and, therefore, his highness, with the advice and counsel of his three estates, has annexed to his crown to remain therewith in the manner foresaid these lands following:
In the first, the lands and lordships of all his Isles, south and north; the two Kintyres, with the castles pertaining thereto and their pertinents; the lands and lordship of Orkney and Shetland and the isles pertaining thereto and their pertinents; the lands and lordship of Douglas, with the castle, tower and fortalice thereof, donations and advocations of kirks and benefices and their pertinents; the lands and lordships of Crawford-Lindsay and Crawfordjohn; the lands and lordships of Bonkle, Preston and Tantallon, with towers, fortalices, lands, rents, advocations and donations of kirks; the lands of Dunsyre; the lands and lordship of Jedburgh Forest; the lands and lordship of Kirriemuir, with all their pertinents; the superiority of all and whole the earldom of Angus and all other lands, rents and possessions which pertained to Archibald [Douglas], sometime earl of Angus at the time of his forfeiture and now being in the hands of our said sovereign lord by reason thereof; the lands and lordship of Glamis that are not held by the kirk; the lands of Baikie, Balmuckety, Tannadice, Drumglass, Longforgan and Balhelvie, with the towers, fortalices, advocations and donations of kirks and their pertinents; the lands of Raccleugh, Whitecamp, Over and Nether Howe Cleuch; the lands, lordship and barony of Avondale, with the tower and fortalices thereof, advocations and donations of kirks, their annexes and connexes and all their pertinents such as the late [Sir] James Hamilton of Finnart, knight, had and possessed the same before the time of his forfeiture; the lands and lordship of Liddesdale, with the castle of Hermitage, advocation and donation of kirks and their pertinents; the lands and lordship of Bothwell, with the tower, fortalice and their pertinents.
[1540/12/27]*[print] [email] [cite] [preceding] [following]
In the presence of the king's grace and whole three estates of parliament Master James Foulis of Colinton, clerk register, prolocutor for our sovereign lord, and at his grace's command, showed and declared how there are diverse dooms of forfeiture given against diverse persons for crimes of lese-majesty, both in parliament and justice courts, and in particular against Archibald [Douglas], sometime earl of Angus, George Douglas, his brother, and the late Archibald Douglas of Kilspindie, their uncle, John [Lyon], sometime lord Glamis, the late Sir James Hamilton of Finnart, knight, and the late John Lyon of Knockenny; and because the memory of traitors should remain to the shame and slander of those that are procreated from them and to be a deterrent to all others to commit such crimes in times coming, and because books may be lost and, through frequent handling, be worn away, and in other ways the said dooms of forfeiture could be destroyed, that therefore all the said three estates would think, if it were expedient, that the said dooms of forfeiture should be extracted out of the books and authentically copied and that the king's grace should append his great seal thereto, and likewise all the three estates should append their seals to the same for the fortification, approbation and confirmation thereof, which desire all the three estates thought very reasonable and by judgement of parliament thought the same should be done and granted to append their seals to the authentic extract of all the said forfeitures both given in parliament and particular justice courts. Then immediately Master Thomas Bellenden of Auchnoull, justice clerk to our sovereign lord, produced the authentic extracts of the dooms of forfeiture given against the said John, sometime lord Glamis and Sir James Hamilton of Finnart, knight, and the late John Lyon of Knockenny, to the effect that the same may be put and registered in the books of parliament to be extracted under our said sovereign lord's seal and the seals of the three estates as is said. And also, our said sovereign lord, with the advice and consent of his said three estates, gave command to the said Master James Foulis, clerk register, to give out the authentic copy of the said dooms of forfeiture to pass as is said under his great seal and under the seals of his said three estates, of which the decreets of forfeiture given in our said sovereign lord's justice courts presented as is said and subscribed by the said Master Thomas, justice clerk, the tenor follows:
[Abstract translation:] In the court of justiciary of James V, held on 8 July 1537 before Archibald [Campbell], earl of Argyll, lord Campbell and Lorne, justice general, (the assize being Robert [Maxwell], lord Maxwell, Hugh [Somerville], lord Somerville, William [Cunningham], master of Glencairn, James Gordon of Lochinver, Ninian Crichton of Ballibooth, Sir John Melville of Raith, John Home of Cowdenknowes, Gilbert [Kennedy], earl of Cassilis, Hugh [Montgomery], master of Eglinton, George [Seton], lord Seton, Sir John Stirling of the Keir, David Barclay of Mathers, Andrew [Stewart], lord Ochiltree, Sir James Touris of Inverleith, and Alexander Fraser of Philorth) John [Lyon], lord Glamis, having been convicted of art and part in the treasonable consulation, conspiracy, etc., tending to the destruction of the king, and art and part with Janet [Douglas], lady Glamis, his mother, in her treasonable imagination, intoxication and destruction towards the king, therefore forfeited his life, lands and his heritable property as escheat to the king and his successors in perpetuity. Court of justiciary of James V in the tolbooth of Edinburgh, 16 August 1540, in the presence of Archibald, earl of Argyll, lord Campbell and Lorne, justice general, (the assize being George [Gordon], earl of Huntly, James [Hamilton], earl of Arran, William [Keith], earl Marischal, William [Graham], earl of Montrose, Gilbert [Kennedy], earl of Cassilis, John [Stewart], earl of Atholl, Hugh [Montgomery], earl of Eglinton, Robert [Maxwell], lord Maxwell, Hugh [Somerville], lord Somerville, Henry [Stewart], lord Methven, Malcolm [Fleming], lord Fleming, Sir William Cunningham, master of Glencairn, Hugh [Fraser], lord Fraser of Lovat, William Lauder of Haltoun, William Cunningham of Glengarnock, David Ramsay of Colluthie, James Douglas of Drumlanrig, Robert Mowbray of Barnbougle, Sir John Melville of Raith, John [Lindsay], lord Lindsay of the Byres and James Lundie of Balgonie) Sir James Hamilton of Finnart, having been convicted of the treasonable shooting of guns and firing of missiles outside the palace of Linlithgow and the bell-tower of the same, at the king and the people in his company, both at the time the king came to the palace and when he withdrew from the same, and especially at his lodging place in the same town, the king being personally present at the time of the firing of the said missiles, and for art and part in the treasonable imagination, planning, consultation, vulgarly called devising of war, at the time it is said he was with Archibald Douglas and James Douglas of Parkhead at the chapel of St Leonard near Edinburgh, after the forfeiture of Archibald [Douglas], formerly earl of Angus, George Douglas, his brother and the said Archibald Douglas, his father, and the siege of Tantallon Castle in consultation with the said Douglases, how he would enter by the window near the upper part of the bed,† 'the bedhead', in his palace near Holyrood Abbey, and how there he would commit the slaughter of the king, and for common treason and conspiracy against the king, his realm and lieges, and therefore it was given that this James forfeited his life, lands, rents and possessions to the king as his escheat, to remain with him in perpetuity.
[1540/12/28]*[print] [email] [cite] [preceding] [following]
Item, touching the first article regarding the wappenschawing, it is thought necessary that wappenschawings be made twice in the year throughout all the realm, that is to say in the months of June and October at such day or days and place as shall please the sheriff, stewart, bailies, provosts, aldermen of burghs to assign after the quantity of the shire, if the musters cannot be all taken in one day, and that they make warnings thereto upon the premonition of 20 days; and that the said musters be taken by the sheriff of the shires, provost and bailies of burghs and bailies of regalities and other commissioners to whom the king's grace pleases to assign. And because wappenschawings have been so long out of use, it is thought expedient that the same be made thrice for the first year, and the first time to be on the morning after Palm Sunday [10 April 1541] next to come.
[1540/12/29]*[print] [email] [cite] [preceding] [following]
Item, regarding the manner of coming of all the lieges of our sovereign lord to war, horsed and unhorsed, the king's grace understands the great hurt, harm and damage done in the coming of a multitude of horsemen through the destruction of corn, meadows and enclosures of poor folks, and also the great impediment made by them in the host where that all men must fight upon foot, therefore has statute and ordained that no manner of man have horse with him but be ready to go on foot from the place that shall please the king's grace to assign to be the first meeting and assembling of his army, except carriage-horses only; and if any man comes on horseback or brings horse with him except for his carriage as is said, that he immediately send his horse home again with a running-boy and with no serviceable man or person able to bear weapons under the pain of death. Providing always that albeit this act is made generally, the effect thereof shall not be extended to earls, lords, barons and great landed men, but that they and such others as shall be thought expedient by the king's grace or his lieutenants shall pass on horseback wherever the king's grace moves with his army.
[1540/12/30]*[print] [email] [cite] [preceding] [following]
Item, as to the manner of harness and weapons and how every man should be armed and weaponed, it is statute and ordained that all the lieges of our sovereign lord have weapons and harness as follows: in the first, that every noble man, such as an earl, lord, knight and baron, and every great landed man having £100 of yearly rent, be armed in white harness,† light or heavy as they please, and weaponed appropriately to his honour, and that all others of lower rent and degree in the lowlands have jerkin of plate, halecret† or brigandine,† gorget† or pisane,† with splints,† paunces of mail,† with gloves of plate or mail, and that all others of our sovereign lord's lieges, unlanded gentlemen and yeomen, have jerkins of plate, halecrets, splints, sallet† or steel bonnet with pisane or gorget, and every man with sword, and that no manner of weapons be admitted in wappenschawings but spears, pikes strong and long of six ells of length, light axes, halberds, handbows and arrows, crossbows, culverins, two-handed swords, and every man to be armed as is said under the pain of £5 to be taken from every landed man, 50s from every gentleman and 20s from every yeoman as often as they be found faulty in the aforesaid matter. And because it is understood that these weapons and harness may not be completely gotten at the first wappenschawing, that is to say on the morning after Palm Sunday next to come [10 April 1541], therefore, it is dispensed by the king's grace that they make their showings and musters with such harness and weapons as they have, or may conveniently obtain, for the said day.
[1540/12/31]*[print] [email] [cite] [preceding] [following]
Item, it is ordained for wappenschawings in burghs that every man having £100 worth of gear be armed in white harness† and weaponed as landed men foresaid, and every man with less than £100 worth of goods and who can spend £10 be armed as landed† gentlemen and yeomen in manner foresaid and under the pains written above.
[1540/12/32]*[print] [email] [cite] [preceding] [following]
Item, that no fraud be made in making of the said wappenschawings and that the king's grace may know the order of his people, it is statute and ordained that every earl, lord, baron, laird or others coming to the said wappenschawings give the names of the persons who will come with them thereto in a bill to the sheriff, bailie, stewart, lord or bailie of regality, provost, alderman and bailies to burgh, or to any others to whom it will please the king's grace to give commission with them, and that they enroll their names in a book with the manner of their harness and weapons yearly in every wappenschawing, sealed with their own seal and subscribed with their hands, send and deliver the same to the king's grace to be kept and considered by whoever his grace shall please to give the charge thereof, and that all lords and bailies of regalities do likewise yearly within the bounds of their offices.
[1540/12/33]*[print] [email] [cite] [preceding] [following]
Item, that all our sovereign lord's lieges be warned to the said wappenschawings upon 40 days' warning for the first time, and yearly at every time thereafter upon 20 days.
[1540/12/34]*[print] [email] [cite] [preceding] [following]
Item, that practice may be had throughout all the realm amongst all the lieges of our sovereign lord for exercising of their persons in order, so that by learning of order and bearing of their weapons in times of peace they may be the more experienced to put themselves in order hastily and keep the same in time of need. It is thought that this article is very necessary to be provided and, therefore, statutes and ordains that every sheriff, stewart, bailies, provost, aldermen and bailies of burghs, lords and bailies of regalities at every wappenschawing concur and sit down with the commissioners of his grace the king that shall happen to be deputed to them, and they together consult with the most able persons of the shire, and after that they have enrolled the names of every man with their harness and weapons, choose an able man for every parish or more as are needed for larger parishes, or for smaller parishes just one, who shall be captain or captains to the companies of the said parishes and shall teach them to walk in order and bear their weapons, and shall convene their said companies at least twice in every month of the months of May, June and July, at which days they shall think most expedient, upon holidays before noon, and also in all other months if they may do so conveniently, and there exercise them in manner foresaid; and that no man disobey the said persons, captains to be deputed and chosen as is said, under the pain to be punished at the will of his grace the king; and that the said captains be chosen as often as is seen as expedient by the sheriff of the shire, commissioners and council admitted to him to that effect.
[1540/12/35]*[print] [email] [cite] [preceding] [following]
Item, our sovereign lord, understanding the great occasion and evil example for the time given to his lords, barons and all his lieges to commit and do in the time of his less-age such offences and crimes of treason and otherwise which deserves great and high punishment, which, as his grace understands, by the good and true service done by them to him since his coming to perfect age, they would not have done nor committed; and because his grace thinks that he will not forget and be ungrateful for the good and thankful service done to him by his said earls, lords, barons and lieges of all degrees, he has remitted and forgiven and, by the tenor of this act, remits and forgives to all his said lieges all manner of crimes of treason done by them in the time of [James IV], our sovereign lord who last deceased, and his predecessors, kings of Scotland, and in his highness's own time until the day and date of this present act, the intelligence with Archibald [Douglas], sometime earl of Angus, George Douglas, his brother, and the late Archibald Douglas of Kilspindie, their uncle, since the time of the giving of doom of forfeiture against them being the only exception, and therefore exhorts and prays presently all his barons and lieges to be true and thankful subjects unto his highness as he shall not fail to be a good, thankful and loving king to them; and that the copy of this act sufficiently extracted shall be a sufficient remission without any other particular writing.