1385, April, Edinburgh, General Council

General Council Records

April 1385

Judicial proceeding: assignment of a day for determining possession of the lordship of Buchan

For the part of Sir James de Lindsay, lord of Crawford, it was put forward and revealed by way of complaint in the king's general council at Edinburgh held in the month of April in the year, etc., [13]85 (of which mention is made immediately below), that this Sir James had urged often, frequently and with great diligence before the lord [John Stewart], earl of Carrick, and the council towards possessing or acquiring the lordship of Buchan from him at pledge, which very lordship the king had previously caused to be recognosced in his hands, and he has denied this [lordship] to be released at pledge to the same Sir James; wherefore he asked remedy from the said lord earl and the council. It was therefore ordained in the same place that a certain peremptory day should be assigned, and then, having been assigned, it is to be held, so to speak, as a general council at Edinburgh on 12 June next to come with continuation; at which day and place Sir Alexander Stewart should and ought to be present, if he is willing, to which he should be forewarned by the king's or the said lord earl's letters. And that whether this Sir Alexander compears there or not, having heard the reasons put forward on behalf of the said Sir James, and also the reasons of the other party, if any are proposed there, it will be determined finally by the council then in the same place whether the lord James ought to have the aforementioned lordship of Buchan at pledge or not. And if it is determined that [he should], it shall be released to him without delay by the said lord earl. And for whichever party it is determined, whether one or the other, that it ought to be given at pledge, the same lord earl will maintain and defend that party as far as this against the other party for which it was not determined. And it was determined that this aforenamed day should definitely be held and kept thus without pretence, deceit and fraud, unless perchance it turns out that an impediment is caused by war. And if perchance it shall fail in any case or from any cause, another similar day shall be assigned immediately to be held in a certain place with all haste possible, where and when similar process will be made and a similar determination of council, and to the same effect. And in case the king has perchance already released the said lordship at pledge in any way to the said Sir Alexander, he will with immediate effect [and] without any delay, cause the aforementioned lordship to be recognosced again in his hands by the sheriff, and not release it at pledge to any party before such determination be made by the council; that if it shall have been done otherwise, it is ordained that it should be of no force, but shall remain plainly and simply in the king's hands until the final determination of the council, to be made as is said before.

  1. NAS, Liber Niger, PA5/4, f. 72r. This act is presented together with the legislation which follows, and was presumably transcribed from the same original manuscript. Back
  2. i.e. repossesed into the king's hands. Back