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

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

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

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

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