[1385/6/1]*[print] [email] [cite] [preceding] [following]
In the general council of our lord King Robert [II] held at Edinburgh in the month of June A.D 1385 and in the fifteenth year of the same king's reign, the lord [John Stewart], earl of Carrick, eldest son and lieutenant of our same lord king, being present and presiding. Since Sir Alan Stewart had been summoned by the king's letters that he should compear in this council with his evidences by which he claims that he holds the barony of Ochiltree with the pertinents in the sheriffdom of Ayr, which barony Sir Robert de Colville petitioned to be restored to him by virtue of the king's grant to him and his compeers [when] received to the faith and peace of the king by the late William, earl of Douglas, having a commission from the king for this, [Sir Alan was] instructed to show, with his aforesaid evidences and his rights for his interest, if he wished, why the said petition ought not to be [proceeded with] as was contained in the act of the preceding council. The aforementioned earl of Carrick, having called the parties into his presence on Saturday 17 June, asked from the sheriff if he had summoned the said Sir Alan to compear, etc. He responded that it was so, and that he had made the summons in the way contained in the letter of summons sent to him from the king's chapel, a copy of which he brought forward and displayed. When this had been read and heard, and the petition of the aforementioned Sir Robert having been repeated, it was answered and objected on the part of Sir John Stewart, son and attorney of this Sir Alan, that he was not held to answer then to this, for this reason, that his father had been summoned to compear in that place on the preceding Monday, namely the aforesaid 12 June, as was clear by the said letter of summons, which day he had compeared and afterwards, that day having passed, and not being called that day, he sent his evidences back to his parts, and he did not bring them with him to that place. Which things having been heard, and the parties removed elsewhere, the lord earl of Carrick, advised in council, recalled those parties, having considered the cause of the defect of the said day to which they had not been called and certain other difficulties concerning the common advantage moving him to this decision, extended the day and assigned another to both parties, namely Monday 7 August next to come as a peremptory day at Edinburgh, to which peremptory day the king has to cause the said Sir Alan to be summoned again by his letters, that then, with a continuation of days, he compear with his evidences and rights, instructed to say for his interest, if he wishes, why the said petition ought not to be adjudicated to take place, as above, in all ways, conditions and in the manner which the aforementioned day to which he was previously summoned ought to have been held, according to those things which are contained in the act written in the same council held previously at Edinburgh. Which assignment [of a new day] having been prepared, they departed from the council, with the proviso that there should be a new summons as is said, a protest also having been made on behalf of the said Sir Robert that if he should happen to die in the interim, his heir ought to be altogether in the same condition at the assigned day as he himself ought to be if he had been alive, and also that the lord earl of Carrick should then proceed finally to make a final execution on that day as the peremptory day, as he ought to have proceeded on the said previously assigned day, according to the tenor of the said act.
[1385/6/2]*[print] [email] [cite] [preceding] [following]
Item it was ordained that the moneyer should make coin of silver, namely sterling of coinage, either of the impression of the same king, or of similar material and weight as the coin now current; and let this be done for each billon brought to him, both of foreign coin and of vessels† and other objects made of silver, and he should pay for the pound-weight namely 29s 4d of our money to those who shall deliver to him new white [coins] of France, weight for weight with our money, except that they should lose six white [coins] for the making of that pound.
[1385/6/3]*[print] [email] [cite] [preceding] [following]
Item it is ordained that the gold noble shall have course for 7s 8d of our coin. And in accordance with this value:
And therefore for providing that gold or silver money shall not be carried away from the country or out of the kingdom by anyone, it is ordained by the general council for the common advantage that whoever carries away any coin from the kingdom by sea or by land, namely gold or silver, regardless of by whom it was made, will lose that money and all his other goods for escheat to the king' needs, and also his life at the king's will; except foreign merchants, who, after they have brought into the kingdom with them at any port vittles, grain or wine, or boards and timber, or other such necessities for the people and the kingdom, and have sold them, shall be allowed [to export] their money [accrued] by this sale . . . .
[1385/6/4]*[print] [email] [cite] [preceding] [following]
A certain ordinance made in the king's council concerning various articles and points to be considered and kept in the war to be made simultaneously by the French and Scots
This indenture or part letter contains and gives testimony that at the beginning of the month of July 1385, the very noble and powerful prince Robert, by the grace of God king of Scotland, and his eldest son John [Stewart], earl of Carrick, with many other earls and barons of the realm of Scotland, and also the noble Seigneur John de Vienne, admiral of France and lieutenant of the king of France for Scotland and England, with other nobles and valiant knights, lords of the realm of France sent for this purpose by the king of France to the realm of Scotland, assembled at Edinburgh for having discussion together regarding making war, by consent, against the king of England as a common enemy and adversary of the kings of France and Scotland, after negotiating and conferring together at their leisure, they came to an agreement with respect to moving towards effecting the following arrangement: that is to say, that when they come to the marches of England on the day assigned for assembling thereto, the 23th day of the said month, and have seen the castles that are in the area of the marches, if [the castles], according to their judgement, are considered to be assailable and winable, they could consent [to do so] if they agree by common accord, but because they want to have the battle, in the case that it appears to them that it will be a long and grievous attack, in so much that there appears to be peril to the men at least of injury to those who come to the battle, it should be agreed for the best by common accord to pass away and make war in such a manner as to avoid the abovesaid peril, allowing those who are uncertain of an attack to befall the peril of the above-written, and especially then that those who attend the battle are not able to set out volunteers to assault in all ways and return having made good, on the advice of those on the frontiers and of those who are certain concerning the state, and from the assembly of them together to do and cause what is most expedient. This done and agreed in the said manner, certain ordinances were made and agreed to be set down in writing and to be sealed and proclaimed in common and permanently that, in passing towards the marches by the country of Scotland, no man face robbery, nor larceny, nor seizures [paigne], looting horses, harness, victuals nor other goods without the grace and will of those who will be under the burden [poine] of being the commanders. Item, that all persons who want to come to the host, of which part will have with them merchandise and victuals to sell, come surely, and they will be able to come and go surely and safely, and no man seize [paigne] anything without payment or satisfaction under the same pain [poine]. Item, that whosoever kills a man of the host, he shall be killed for that, and if [he is] a trusted manservant of a lord, his hand or ear will be cut off, and if a lord entrusts another, he be taken immediately and justice administered according to the advice of the captains. Item, if any riot or dispute emerges between any of the men of France and Scotland, that no one shall arm himself nor provoke one against another for this without being arrested, which dispute having been silenced, on the one part and the other part, by the captains who shall do justice (and who shall not have upheld this ordinance), if he be a man of arms, he will lose a horse and harness, and if he be a manservant, a hand or an ear. Item, it is ordained that this same pain [poine] and punishment be kept and upheld and done to those who oust their companions and those who do not keep the ordinance in the cavalry or in the army, which shall be for the captains to make and establish. Item, that all men, French and Scots, have a sign in the front and at the back, namely, a white cross of St. Andrew and [if] his jacket or jerkin is white, he shall wear the said white cross on a piece of black cloth, round or square. And if a Scot encounters maltreatment or grievance in the French army, the captain in whose company this has been done will be able to take those who have mistreated and return them to a Scottish lord, wherever he be, who will do the law and justice for him. And similarly, if a Frenchman faces harm or maltreatment in the company of Scots, the captain will take those from that place and deliver them to a French lord, wherever he be, to whom he will make amends and justice. Item, that whosoever, French or Scot, will transport Englishmen by land in a 'horse box' [chace de cheval], that he who will take him by land will have half of his ransom, and also every time that he does such a hoped for and desirable thing. Item, that no man of arms, under pain of losing horse and harness, nor any manservant, under pain of losing a hand or an ear, put or set fire to a church or kill a woman or child, or seize [paigne] a woman by force. Item, that the prisoner shall be with the person who first arrested him [aura recu la foi de la main], and if another siezes him by force, his captain will return him and (turn the folio and read the rest of the letter in the other part of the folio at the sign) [sic] will amend the wrong; and if he kills him [the prisoner], he will be set a reasonable fine and will be punished according to the ordinance of the captain. Item, that all safe-conducts that shall be given on the part of the said [John de Vienne] lord admiral [of France] be held and kept well and firm, just as the holder of those made by the lords and captains of Scotland to any persons, and also the safe-conducts that shall be given on the part of the lords and captains of Scotland to whatsoever persons be well kept and protected by the said lord admiral and by his men.