2 March 1372

Legislation: first record

The parliament of our same lord the king held at Scone on 2 March in 1372 and first [sic] year of this king's reign† with continuation of following days. The bishops, abbots, priors, earls, barons and freeholders who hold in chief of the king and certain burgesses from each burgh who were summoned here for a reason having been summoned and called in the due and customary fashion, compearing all those who ought, were willing and able conveniently to take part, certain others, however, being absent, of whom some had legitimate excuse, while others absented themselves contumaciously, as is contained in the other register; since the same parliament was principally ordained to be held upon many determined points regarding the state of the kingdom and the king and other things concerning common justice, as will appear in the following, and it should not be, and was not, expedient that all the community was intended or, moreover, was expected for such a deliberation, imitating that order and method which was namely used in the parliament held at Perth in the time of the lord king David [II] of venerable memory in the fortieth year of his reign, certain people were chosen by the general and unanimous consent and assent of the assembled three communities, for discussing and determining those things which concern common justice, namely falsed dooms, disputes and the complaints which ought to be ended by parliament; and the others chosen by the consent and assent of the same communities for treating and deliberating upon certain special business of the king and kingdom which arrived at the notice of the general council before; the others were given licence that they might return home. The names of the aforesaid chosen people are written in the aforesaid other register.

  1. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  2. The MS date and regnal year are both in error. The correct date (2 March 1371 (old reckoning) in the second year of the reign) is provided by 1372/3/6. Back
  3. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  4. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  5. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  6. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  7. A blank folio precedes this act (NAS PA5/4, f. 59v-60r), separating the first set of legislation from the second. This space and the new dating clause at the beginning suggest these acts were originally on a separate roll from acts 1372/3/1 to 1372/3/5. Acts 1372/3/6 to 1372/3/10 are not divided into paragraphs in the MS. Back
  8. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  9. 'murthir', murder, is here distinguished from 'homicidium', translated as 'killing'. Murder has the legal sense of a killing with malice aforethought. Back
  10. 'Chaudmella', a murder committed in the heat of the moment. Back
  11. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  12. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  13. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  14. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  15. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  16. Caution in the Scots legal sense of a surety or guarantee. Back
  17. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back

First and principally, according to the aforesaid method and order, it is ordained that no-one chosen to the council, whatever their condition, grade, preeminence or standing, should bring with him another non-elected person to the council or into the king's council to be his councillor or assessor or for some other reason.

  1. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  2. The MS date and regnal year are both in error. The correct date (2 March 1371 (old reckoning) in the second year of the reign) is provided by 1372/3/6. Back
  3. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  4. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  5. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  6. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  7. A blank folio precedes this act (NAS PA5/4, f. 59v-60r), separating the first set of legislation from the second. This space and the new dating clause at the beginning suggest these acts were originally on a separate roll from acts 1372/3/1 to 1372/3/5. Acts 1372/3/6 to 1372/3/10 are not divided into paragraphs in the MS. Back
  8. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  9. 'murthir', murder, is here distinguished from 'homicidium', translated as 'killing'. Murder has the legal sense of a killing with malice aforethought. Back
  10. 'Chaudmella', a murder committed in the heat of the moment. Back
  11. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  12. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  13. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  14. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  15. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  16. Caution in the Scots legal sense of a surety or guarantee. Back
  17. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back

Item, it was ordained that horses should not be sold to Englishmen nor outwith the realm in any way, namely into England. And that the keeping [of this act] should be committed and now is committed to the wardens of the marches who will raise from the vendor the value of the horse sold, or confiscate that sold horse for the king's needs, if it may be apprehended; of which horse's value a third part will remain in the possession of the guardian himself for his effort, and the chamberlain will be held to answer concerning the rest in his account. Other cattle, however, namely cows and sheep and other animals of this kind, it will be permitted to sell although it was ordained otherwise in the said parliament of the lord King David [II] for that time, concerning carrying the pound in money out of the kingdom, paying to the king for custom forty pence to be received by the custumars, as is contained in the aforesaid statute or ordinance of King David, both in penalties and otherwise.

  1. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  2. The MS date and regnal year are both in error. The correct date (2 March 1371 (old reckoning) in the second year of the reign) is provided by 1372/3/6. Back
  3. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  4. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  5. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  6. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  7. A blank folio precedes this act (NAS PA5/4, f. 59v-60r), separating the first set of legislation from the second. This space and the new dating clause at the beginning suggest these acts were originally on a separate roll from acts 1372/3/1 to 1372/3/5. Acts 1372/3/6 to 1372/3/10 are not divided into paragraphs in the MS. Back
  8. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  9. 'murthir', murder, is here distinguished from 'homicidium', translated as 'killing'. Murder has the legal sense of a killing with malice aforethought. Back
  10. 'Chaudmella', a murder committed in the heat of the moment. Back
  11. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  12. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  13. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  14. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  15. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  16. Caution in the Scots legal sense of a surety or guarantee. Back
  17. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back

Item, that no sheriff, bailie servant or mair dare or presume to beg or otherwise ask for a remission, by himself or by another, in any way, on behalf of the inhabitants of his region from payments by the same.

  1. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  2. The MS date and regnal year are both in error. The correct date (2 March 1371 (old reckoning) in the second year of the reign) is provided by 1372/3/6. Back
  3. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  4. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  5. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  6. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  7. A blank folio precedes this act (NAS PA5/4, f. 59v-60r), separating the first set of legislation from the second. This space and the new dating clause at the beginning suggest these acts were originally on a separate roll from acts 1372/3/1 to 1372/3/5. Acts 1372/3/6 to 1372/3/10 are not divided into paragraphs in the MS. Back
  8. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  9. 'murthir', murder, is here distinguished from 'homicidium', translated as 'killing'. Murder has the legal sense of a killing with malice aforethought. Back
  10. 'Chaudmella', a murder committed in the heat of the moment. Back
  11. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  12. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  13. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  14. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  15. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  16. Caution in the Scots legal sense of a surety or guarantee. Back
  17. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back

Item, according as it was decreed in the aforesaid parliament held in the time of King David [II], that no justiciar, sheriff or other king's minister whatsoever shall make execution of any manner of mandate of the king directed to him under any seal, great, secret or privy, or the signet, in prejudice of parties against statutes or the course of common law, but if any such shall be presented to him he should endorse it and return it indorsed without delay.

  1. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  2. The MS date and regnal year are both in error. The correct date (2 March 1371 (old reckoning) in the second year of the reign) is provided by 1372/3/6. Back
  3. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  4. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  5. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  6. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  7. A blank folio precedes this act (NAS PA5/4, f. 59v-60r), separating the first set of legislation from the second. This space and the new dating clause at the beginning suggest these acts were originally on a separate roll from acts 1372/3/1 to 1372/3/5. Acts 1372/3/6 to 1372/3/10 are not divided into paragraphs in the MS. Back
  8. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  9. 'murthir', murder, is here distinguished from 'homicidium', translated as 'killing'. Murder has the legal sense of a killing with malice aforethought. Back
  10. 'Chaudmella', a murder committed in the heat of the moment. Back
  11. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  12. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  13. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  14. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  15. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  16. Caution in the Scots legal sense of a surety or guarantee. Back
  17. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
Legislation: second record†

In the year of grace 1371 and the second year of of the reign of King Robert II, on 2 March [2 March 1372], with a continuation of subsequent days, in the full parliament of this king held at Scone, it was decreed and ordained by the consent and assent of the three communities, by those presiding or by the persons chosen for the determination of the business in the same parliament that, since many killings had been perpetrated before the time of the aforesaid parliament, while justice as far as such killings was concerned, according to the customs of the kingdom concerning these killings, was not as fast as was expedient for the common profit, the king henceforth will have power and ought to cause, through his ministers and others he wishes to depute for this, a killer to be seized and taken to be imprisoned, and immediately to cause cognisance by an assise whether the killing was perpetrated from a certain and deliberate purpose, or by forethought felony, or murder,† or from the heat of anger, namely chaudmella.†And if it should be discovered by the assise that this killing was perpetrated by forethought felony or by murder, justice is immediately to be done; if however it was perpetrated by chaudmella, he will have the legitimate and due delays and defences by the laws of the kingdom and the customs approved hitherto. And all of these should be applied where killing is notorious, and they may be certain [of the facts] concerning the notorious killer. And in the case when the committer of a killing by forethought felony or murder may not be apprehended, but is, perchance, a fugitive, let there be a public proclamation by the sheriff at the king's chief manor that such a killer should show and present himself in the presence of the sheriff or another deputed for this by the king within forty days from the time that the killing was perpetrated, for causing a cognisance by an assise whether the killing was perpetrated by murder or by forethought felony, or else he shall henceforth be perpetually banished and exiled and his goods confiscated to the use of the king or baron. Which goods of such a kind ought to be as escheat, and lands, if he had any, should be confiscated for the term of his life and applied to the use of the king or to barons who ought [to have them] according to the laws of the kingdom approved hitherto. And all the foregoing should be done by ministers of regality and barons, just as by the king's ministers, when and as often as a killing happens to be perpetrated in a regality or barony, or else [it will be done] by the king's ministers in their default.

  1. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  2. The MS date and regnal year are both in error. The correct date (2 March 1371 (old reckoning) in the second year of the reign) is provided by 1372/3/6. Back
  3. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  4. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  5. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  6. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  7. A blank folio precedes this act (NAS PA5/4, f. 59v-60r), separating the first set of legislation from the second. This space and the new dating clause at the beginning suggest these acts were originally on a separate roll from acts 1372/3/1 to 1372/3/5. Acts 1372/3/6 to 1372/3/10 are not divided into paragraphs in the MS. Back
  8. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  9. 'murthir', murder, is here distinguished from 'homicidium', translated as 'killing'. Murder has the legal sense of a killing with malice aforethought. Back
  10. 'Chaudmella', a murder committed in the heat of the moment. Back
  11. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  12. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  13. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  14. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  15. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  16. Caution in the Scots legal sense of a surety or guarantee. Back
  17. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back

Item, it was decreed that all killers who shall be prosecuted and charged concerning a killing by chaudmella committed to the south of the River Forth should not be heard beyond seven days of the beginning of the lawsuit, nor beyond four days of the lawsuit being moved on the north side of the same river, by proposing delaying or frivolous legal objections, but, having omitted these delaying and frivolous legal objections, the lawsuit is to proceed at once. And it was ordained and decreed that they apply the foregoing statute only in future, and not to bygone nor pending [suits], but that in these bygone and pending [suits] the laws and customs prior to this point should be applied.

  1. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  2. The MS date and regnal year are both in error. The correct date (2 March 1371 (old reckoning) in the second year of the reign) is provided by 1372/3/6. Back
  3. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  4. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  5. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  6. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  7. A blank folio precedes this act (NAS PA5/4, f. 59v-60r), separating the first set of legislation from the second. This space and the new dating clause at the beginning suggest these acts were originally on a separate roll from acts 1372/3/1 to 1372/3/5. Acts 1372/3/6 to 1372/3/10 are not divided into paragraphs in the MS. Back
  8. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  9. 'murthir', murder, is here distinguished from 'homicidium', translated as 'killing'. Murder has the legal sense of a killing with malice aforethought. Back
  10. 'Chaudmella', a murder committed in the heat of the moment. Back
  11. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  12. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  13. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  14. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  15. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  16. Caution in the Scots legal sense of a surety or guarantee. Back
  17. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back

Item, it was decreed concerning those who committed killings before the time of this parliament or statute that, if within forty days from the time of the proclamation of this statute they show and present themselves, they will be treated in common law according to the ancient laws of the kingdom hitherto. If, however, they are unwilling to show and present themselves, or perchance they refuse to stand to common law, thereafter they will incur the penalty of the abovesaid statute and be punished by confiscation of property and lands as above.

  1. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  2. The MS date and regnal year are both in error. The correct date (2 March 1371 (old reckoning) in the second year of the reign) is provided by 1372/3/6. Back
  3. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  4. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  5. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  6. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  7. A blank folio precedes this act (NAS PA5/4, f. 59v-60r), separating the first set of legislation from the second. This space and the new dating clause at the beginning suggest these acts were originally on a separate roll from acts 1372/3/1 to 1372/3/5. Acts 1372/3/6 to 1372/3/10 are not divided into paragraphs in the MS. Back
  8. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  9. 'murthir', murder, is here distinguished from 'homicidium', translated as 'killing'. Murder has the legal sense of a killing with malice aforethought. Back
  10. 'Chaudmella', a murder committed in the heat of the moment. Back
  11. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  12. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  13. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  14. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  15. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  16. Caution in the Scots legal sense of a surety or guarantee. Back
  17. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back

Item, every time a killer assumes the immunity of the church he is to be warned and required as above that he should come out and show himself for law for cognizance by assise if the killing was perpetrated by murder or by forethought felony. If, however, having been required and warned in this way, he is unwilling to show and present himself, he is to be banished as if convicted of murder and forethought felony and perpetually exiled henceforth, though retaining the immunity of the church which he assumed. Yet if he shows and presents himself for common law and justice and it shall be found by the assise that the homicide was perpetrated by chaudmella, he is to be restored to the immunity of the church as before, and thereafter he will have to assure the sheriff before he leaves the immunity which he has assumed.

  1. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  2. The MS date and regnal year are both in error. The correct date (2 March 1371 (old reckoning) in the second year of the reign) is provided by 1372/3/6. Back
  3. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  4. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  5. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  6. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  7. A blank folio precedes this act (NAS PA5/4, f. 59v-60r), separating the first set of legislation from the second. This space and the new dating clause at the beginning suggest these acts were originally on a separate roll from acts 1372/3/1 to 1372/3/5. Acts 1372/3/6 to 1372/3/10 are not divided into paragraphs in the MS. Back
  8. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  9. 'murthir', murder, is here distinguished from 'homicidium', translated as 'killing'. Murder has the legal sense of a killing with malice aforethought. Back
  10. 'Chaudmella', a murder committed in the heat of the moment. Back
  11. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  12. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  13. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  14. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  15. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  16. Caution in the Scots legal sense of a surety or guarantee. Back
  17. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back

Item, if anyone shall be a notorious receiver of a killer and he shall be convicted of this by the king's ministers, he ought to be punished as is expressed above concerning a killer as far as confiscating goods and lands for the time of his life is concerned.

  1. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  2. The MS date and regnal year are both in error. The correct date (2 March 1371 (old reckoning) in the second year of the reign) is provided by 1372/3/6. Back
  3. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  4. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  5. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  6. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  7. A blank folio precedes this act (NAS PA5/4, f. 59v-60r), separating the first set of legislation from the second. This space and the new dating clause at the beginning suggest these acts were originally on a separate roll from acts 1372/3/1 to 1372/3/5. Acts 1372/3/6 to 1372/3/10 are not divided into paragraphs in the MS. Back
  8. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  9. 'murthir', murder, is here distinguished from 'homicidium', translated as 'killing'. Murder has the legal sense of a killing with malice aforethought. Back
  10. 'Chaudmella', a murder committed in the heat of the moment. Back
  11. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  12. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  13. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  14. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  15. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  16. Caution in the Scots legal sense of a surety or guarantee. Back
  17. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back

Item, if anyone shall be charged of receiving a killer, the king's ministers will thereafter have to ask the truth concerning this from him, and if he admits receiving a killer he will give a caution† and find sufficient surety that he will not be a receiver of the killer any more, and that he will put his attention and power diligently towards arresting the killer, if he is able, and that, having been asked, he will work for his arrest in person or through another with the king's ministers or the baron. If, however, he shall deny that he is the receiver of a killer, notwithstanding he will put [his] attention as far as possible [to arresting the killer], as above, having been asked by the king's ministers or the baron. Yet if beyond this vehement suspicion should be had of anyone, he ought to be arrested by the king's ministers and the baron and be freed under secure pledges, or if he has a notable inheritance, he may compear and stand to law at his own pledge where, when and in the presence of whoever may know [the facts] more quickly and better by reason of the parties of this arrested man, namely in the baron's, sheriff's, [or] justiciar's court, or in the king's parliament.

  1. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  2. The MS date and regnal year are both in error. The correct date (2 March 1371 (old reckoning) in the second year of the reign) is provided by 1372/3/6. Back
  3. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  4. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  5. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  6. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  7. A blank folio precedes this act (NAS PA5/4, f. 59v-60r), separating the first set of legislation from the second. This space and the new dating clause at the beginning suggest these acts were originally on a separate roll from acts 1372/3/1 to 1372/3/5. Acts 1372/3/6 to 1372/3/10 are not divided into paragraphs in the MS. Back
  8. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  9. 'murthir', murder, is here distinguished from 'homicidium', translated as 'killing'. Murder has the legal sense of a killing with malice aforethought. Back
  10. 'Chaudmella', a murder committed in the heat of the moment. Back
  11. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  12. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  13. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  14. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  15. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  16. Caution in the Scots legal sense of a surety or guarantee. Back
  17. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back

And for the observing of all the foregoing things, the barons of the kingdom performed a great bodily oath, by the custom of the kingdom accustomed to be performed in weighty matters in the presence of the king in the aforesaid parliament. And all the barons of the kingdom presiding in the same place wished and decreed, by the consent of the king and community as above, that all the preceding statutes should not endure beyond three years unless another [three years] seems then to the king and council [necessary] to be decreed.

  1. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  2. The MS date and regnal year are both in error. The correct date (2 March 1371 (old reckoning) in the second year of the reign) is provided by 1372/3/6. Back
  3. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  4. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  5. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  6. NAS, Liber Niger, PA5/4, f. 58v-59r. Fourteenth-century transcript of a lost roll of parliament. Back
  7. A blank folio precedes this act (NAS PA5/4, f. 59v-60r), separating the first set of legislation from the second. This space and the new dating clause at the beginning suggest these acts were originally on a separate roll from acts 1372/3/1 to 1372/3/5. Acts 1372/3/6 to 1372/3/10 are not divided into paragraphs in the MS. Back
  8. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  9. 'murthir', murder, is here distinguished from 'homicidium', translated as 'killing'. Murder has the legal sense of a killing with malice aforethought. Back
  10. 'Chaudmella', a murder committed in the heat of the moment. Back
  11. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  12. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  13. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  14. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  15. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back
  16. Caution in the Scots legal sense of a surety or guarantee. Back
  17. NAS, Liber Niger, PA5/4, f. 60v-61r. Fourteenth-century transcript of a lost roll of parliament. Back