[1385/4/1]*[print] [email] [cite] [preceding] [following]
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.
[1385/4/2]*[print] [email] [cite] [preceding] [following]
In the general council of our lord King Robert II held at Edinburgh in the month of April in the year of our Lord 1385 and the fifteenth year of the king's reign, it was ordained that those greater and higher magnates to whom the same king has formerly committed certain bounds or regions of the kingdom to be governed in time and event of war, and whom he established to be in charge of his forces within those bounds or regions, assigning them the leadership and governance of these forces for the defence of the kingdom, shall now be urged to action by the king's letters, charging them under the penalty which applies to cause preparation to be made of themselves and of all sufficient men living within their bounds, both armed men and archers, and they should be arranged, prepared and ready with horses, arms and armour, and their vittles according to the custom of the kingdom, for making haste and travelling to the marches for the defence of the kingdom as soon and as often as they shall be forewarned. And that the community may not be destroyed or laid waste by the inhabitants of the kingdom while they ought to be making and bringing about a defence against the invasion or attack of enemies and foreigners; thus they should guide and regulate themselves while travelling though the country, as far as buying and obtaining necessities and in other matters, as it was ordained by the council at Glasgow in the past year, and under the penalties [appropriate], and as is contained in the king's letters patent sent to those higher lords concerning and upon the same ordinance.
[1385/4/3]*[print] [email] [cite] [preceding] [following]
Item, because the prelates, nobles and many of the community of the kingdom often complain grievously of the lack of justice in the highland and northern regions, because many malefactors and caterans wander, dwell and are received there, who lay waste and exhaust both the clergy and the people by savage killing, pillaging and burning, it was delivered and expressly set forth to the lord [John Stewart], earl of Carrick, the king's firstborn (who, by the deliberation and ordinance of the whole general council held recently, namely in the month of November last past at Edinburgh, took upon himself the burden and care of support and regulation of certain matters which, for the speeding up of justice and more speedily obtaining access to having justice, at that time seemed necessary to the same whole council to be decreed and ordained for the common good) that he personally attack the northern regions with all possible haste, supported by an appropriate and sufficient force of men, and secured by prudent and faithful counsel, or nearby at an appropriate place convenient to him; and having summoned to his presence in that place certain notable persons, both clergymen and faithful people of those same highland and northern regions, as shall seem to him and his faithful council then to be sufficient and desirable to this end, then without loss of time, with his and their advice and council's decree, he should devise, ordain, procure and decree, and without any delay, sparing no person, he should actively pursue ways and means in which or through which those malefactors and caterans and their accomplices, and also their receivers, might be effectively pursued according to the aforementioned statutes, or in other ways if perchance it then seems more expedient to them to cause them to be punished in another way for this; with the proviso that such punishment as is to be imposed should be due and appropriate for their demerits and should provide hereafter an example for the rest.
[1385/4/4]*[print] [email] [cite] [preceding] [following]
In addition, it was ordained that all and singular those of the parts of Teviotdale who recently came from the peace of [Richard II], the king of England, to the peace and faith of our lord king, through the late William, earl of Douglas, having a commission for this from the king under certain conditions (which very conditions are more fully expressed in the letters of commission themselves), shall present their schedules to the lord chancellor within the next eight days containing the names of the lands and possessions which they claim ought to be theirs by hereditary right, wherever [they are] within the kingdom, along with the names of those people who now possess them, and with the names of the sheriffdoms in which they lie. With the proviso that those who are to receive the said letters of summons on behalf of the people of Teviotdale present the letters to the sheriffs to whom they are directed with such diligence and haste that the sheriffs themselves are able to make competent summons within another eight days. And that the chancellor [John Peeble, bishop of Dunkeld] should direct the king's letters of summons individually to the same sheriffs, instructing that they should summon by name all and singular who hold, possess or who now claim themselves to have a right in these same lands or possessions, that they they should compear in the presence of the king and council in the general council already ordained to be held at Edinburgh on 12 June next to come [1385] with continuation of days, as if at a peremptory day, with their evidences by which they claim that they hold and possess these lands and possessions, for hearing the determination of the king and his council upon the aforesaid lands, which the king with the council will then make final concerning the same. With this proviso, that whether the said people to be summoned compear or not, the king with the council will make a final execution then as far as all the things to be determined then for the same business, as, and as far as, pertains to him and seems needful to the whole council.
[1385/4/5]*[print] [email] [cite] [preceding] [following]
In the same council there was a complaint on behalf of William de Fenton that when a certain judgement was given against him in the court of the baron of Dirleton, namely on the fourth day of the process being conducted against him, by the baron himself, concerning his tenement of Fenton, in the absence of William himself, which very judgement this William falsed after an interval of time, yet within the legitimate time decreed by law, and he appealed from it to the superior court, extending a pledge in the hand of the sheriff of Edinburgh, and finding the lord [Robert Stewart], earl of Fife, and [Archibald Douglas], the lord of Galloway, [as] pledges for him of the prosecution of his appeal, and the sheriff himself (through his constable of Haddington, who accomplished the deed) restored him to his pristine possession of his said tenement by virtue of his pledge; notwithstanding this the said baron again caused an interruption and disturbance of the said restoration made to him, and then the said William presented himself in the king's council concerning this, gravely complaining and seeking protection and remedy of law from the king. Then also the king, with the advice of council, ordained that he should again be restored to his possession, and that the said barony should be seised in the king's hands. Notwithstanding all these things done in such a way, this William was again expelled from his possession and wronged by the said baron against the order of law, and thus was still remaining and remains plundered of his tenement at present. Wherefore the same William asked remedy of law to be made to him by the decreet of council. Therefore, all these things having been diligently attended to and considered, and testified by the personal report of the sheriff, it was determined by the aforesaid general council that the said William ought to be restored by the power and authority of the king, and should be restored immediately to his pristine possession of his aforesaid tenement of Fenton, and that he should have by the same power and authority full restoration of all his fermes and goods which were taken away from him by the said baron of Dirleton, from the time when the said William falsed the said judgement, in as much as the said judgement still pends undiscussed. Concerning the other articles contained in this William's complaint, however, which do not derive from the aforesaid appeal from the said judgement, the same William should have recourse to common law.
[1385/4/6]*[print] [email] [cite] [preceding] [following]
Furthermore, it was ordained by the council in the same place that since the king, by the deliverance of council previously delivered by his letters patent of commission to the lord Sir William, earl of Douglas, for the common advantage as it were, granted the people of Teviotdale who were then at the faith and peace of [Richard II], the king of England, and were received to the peace and faith of the lord, our king, by the same earl by virtue of his commission, restitution or restoration at law to their lands and possessions and [those] of their predecessors, as is more fully contained in the said letters of commission, it should be written to each sheriff under the great seal etc., as above.
[1385/4/7]*[print] [email] [cite] [preceding] [following]
Sir Alexander Stewart, earl of Buchan, son of the king, is to be forewarned that he should compear at Edinburgh in the king's general council to be held there on 12 June next following with a continuation, for making known his reasons and evidences as far as receiving the lordship of Buchan at pledge, as shall seem expedient to him for his interest.
[1385/4/8]*[print] [email] [cite] [preceding] [following]
It is to be remembered furthermore that Sir David [Stewart], earl of Strathearn, son of the king, presented a certain schedule in the presence of our lord king and the lord [John Stewart], earl of Carrick, in the same council, complaining of Sir Alexander Stewart, earl of Buchan, his brother, that whereas he has set at ferme, as he said, the barony of Urquhart with the castle to the said Sir Alexander, his brother, the same barony with its castle is detained by him and [Alexander] occupies it in prejudice of [John's] fee and heritage, wherefore he has asked remedy to be done to him by the lord earl of Carrick and the council. Then the king, also with the advice of the lords, the earl of Carrick and [Robert Stewart], earl of Fife, his brothers, pointed out and said to him that he should take advice and wait until an effort could be made by their mediation [to find] whether they might bring the said earl and Sir Alexander, his brother, to agreement amicably. The same earl of Strathearn having removed aside and been advised responded that, from respect, a desire to please and at the instance of the aforesaid lord his father and lords his brothers, he was willing to wait and suspend [matters] in this regard until the aforenamed next council ordained to be held, and in the manner set out before, upon this condition, that if he and the said Sir Alexander, his brother, cannot agree then or in the mean time by mediation as above, the same day of the council to be held with a continuation ought to be and is for him the peremptory day for having final determination by the council of his complaint and fullness of justice.
[1385/4/9]*[print] [email] [cite] [preceding] [following]
Furthermore, it was ordained in the same place by the council that Sir [John Stewart], earl of Carrick, should write without delay and direct his letters patent in effect to Sir Alexander Stewart, earl of Buchan, forewarning and commanding him strictly by the king's authority and on his own behalf that he should cause an inquiry and search within all his bounds by each of his servants who have that responsibility concerning Finlay Lawson and the two sons of Harold Foulson, who, as it is complained in the present council by [John Dunbar], earl of Moray, recently killed the men of the same earl, transgressing the last-ordained statutes of the king and his general council, and that he should cause full execution of justice without delay concerning these malefactors and transgressors and their accomplices, according to what the statute contains and requires, under the appropriate penalty.