[1389/3/6]*[print] [email] [cite] [preceding] [following]
Note points
A certain roll of points or articles being inspected which first and foremost were ordained to be discussed and determined in the following parliament unless it comes thereupon.†
[1389/3/7]*[print] [email] [cite] [preceding] [following]
Parliament
In the king' parliament at the monastery of Holyrood of Edinburgh begun at the end of March AD, etc., [13]89 and continued in the following April.
[1389/3/8]*[print] [email] [cite] [preceding] [following]
On the second day of the aforesaid month of April it was decreed in the same parliament that the chancellor [John Peebles, bishop of Dunkeld] erred negligently in releasing letters of sasine from the king's chapel to Sir Malcolm Drummond concerning the forest of Selkirk [acting on] the retour† of the inquests which had emanated from the same chapel, to which [inquests] there was not a due nor full response in the retour, and by negligence in this he caused an injustice. And that therefore this ought to be withdrawn and also revoked with immediate effect by letters under the great seal of the king, in the same way as it is withdrawn and revoked by decreet of parliament; and that whatever is or will be done by this, either in the release of sasine done or to be done, or otherwise, in whatever way, by anyone, is and shall be of no strength or value, but is adjudged to be thoroughly invalid and void, and ought not and may not give rise to any prejudice to any party.
[1389/3/9]*[print] [email] [cite] [preceding] [following]
Item, on the same day in the same place it was decreed that, notwithstanding that grant or dimission†which the king made recently to Sir Malcolm Drummond of the office or administration in the office of the sheriff of Roxburgh, as was declared in parliament, the king has to and is bound to depute someone else to administer in that office until he, or anyone else, has† the right to administer in that office, as law requires. And that whatever is or shall be done by such a grant or dimission is invalid and void and of no value, and shall be decerned by the declaration of this parliament. And that letters ought to be given upon this decreet by the chancellor under the great seal of the king.
[1389/3/10]*[print] [email] [cite] [preceding] [following]
Item on the same day in the same place in parliament, a certain schedule was presented on behalf of Sir Malcolm Drummond containing that he was asking for copies of the complaints, if any should have been presented there concerning him or against him, so he might be advised and cause them to be answered by his attorneys, inasmuch as he could not then compear personally, as he said; and that no such complaints should be determined until he might give his response to them. And that the names of those who were chosen to determine those bills [of complaint] should be released to him in writing. It was answered and given by the decreet of parliament, first that he should cause faculty to his attorneys to inspect the bills of complaint, if any are delivered against him, and this namely in this very place in the court of parliament and not elsewhere. Second that the names of those chosen ought not to be delivered to him, etc., but that his attorneys should see them there in the court of parliament, and there may remove those who seem suspect to them, in the way which they should. And third that there should not be process to such a determination nor to anything else touching him other than through the due process of law.
[1389/3/11]*[print] [email] [cite] [preceding] [following]
Consequently the said Sir Malcolm [Drummond], often called to compear in this parliament, was finally excused by his attorneys that, because he feared that harm would be inflicted on his person if he should attend personally, he asked from Sir [Robert Stewart], earl of Fife, the guardian, that a surety be given and made to him that he should be unharmed and unvexed, either by the course of law or otherwise, in coming, staying and returning. To this the same lord guardian answered plainly that, inasmuch as the king's parliament was then held there, at which and in which justice ought to be done to anyone complaining, in the event that the same aforesaid Sir Malcolm should wish to compear personally then in the same place for asking justice to be done to him by whomsoever, and similarly for answering according to the laws of the kingdom the party complaining concerning him, sufficient security will be given and made to him promptly and willingly that he shall be unharmed and entirely unvexed during the time of parliament, unless it is by the course and form of law. And the guardian himself explained, expressly in his own voice, in the same place, that he had granted this same thing to him previously on various occasions, in sending [letters] to him at Edinburgh Castle through the constable of his castle, and offering the same to be done with witnesses at the time of the said parliament, publicly and openly. And he ought not, by reason or by law, to give or make him another surety then in the same place.
[1389/3/12]*[print] [email] [cite] [preceding] [following]
Item, it was ordained and decreed in the same place that, since it was considered by the three communities that the office of justiciar on the north side of the River Forth cannot be kept properly at present without an adequate force, with things being as they now are, Sir Murdoch Stewart, son and heir of Sir [Robert Stewart], earl of Fife, should be the justiciar there for one year, provided that the said lord his father causes a sufficient force and counsel to be supplied to him. The lord earl himself guaranteed in the same place that he will do so to good effect.
[1389/3/13]*[print] [email] [cite] [preceding] [following]
Item, it was ordained in the same place that Sir [Robert Stewart], earl of Fife, who was chosen as guardian of the kingdom, should take 1,000 merks each year from the customs, by the hand of the chamberlain or his deputy, by reason of his office of guardian, for his expenses and the charges which he has to support in this office while he remains in the same. With the proviso that he should not intromit further in the king's finances by reason of the said office.