[1372/3/6]²

Legislation: second record¹

In the year of grace 1371 and the second year of of the reign of King Robert II, on 2 March [2 March 1372], with a continuation of subsequent days, in the full parliament of this king held at Scone, it was decreed and ordained by the consent and assent of the three communities, by those presiding or by the persons chosen for the determination of the business in the same parliament that, since many killings had been perpetrated before the time of the aforesaid parliament, while justice as far as such killings was concerned, according to the customs of the kingdom concerning these killings, was not as fast as was expedient for the common profit, the king henceforth will have power and ought to cause, through his ministers and others he wishes to depute for this, a killer to be seized and taken to be imprisoned, and immediately to cause cognisance by an assise whether the killing was perpetrated from a certain and deliberate purpose, or by forethought felony, or murder,³ or from the heat of anger, namely chaudmella.⁴And if it should be discovered by the assise that this killing was perpetrated by forethought felony or by murder, justice is immediately to be done; if however it was perpetrated by chaudmella, he will have the legitimate and due delays and defences by the laws of the kingdom and the customs approved hitherto. And all of these should be applied where killing is notorious, and they may be certain [of the facts] concerning the notorious killer. And in the case when the committer of a killing by forethought felony or murder may not be apprehended, but is, perchance, a fugitive, let there be a public proclamation by the sheriff at the king's chief manor that such a killer should show and present himself in the presence of the sheriff or another deputed for this by the king within forty days from the time that the killing was perpetrated, for causing a cognisance by an assise whether the killing was perpetrated by murder or by forethought felony, or else he shall henceforth be perpetually banished and exiled and his goods confiscated to the use of the king or baron. Which goods of such a kind ought to be as escheat, and lands, if he had any, should be confiscated for the term of his life and applied to the use of the king or to barons who ought [to have them] according to the laws of the kingdom approved hitherto. And all the foregoing should be done by ministers of regality and barons, just as by the king's ministers, when and as often as a killing happens to be perpetrated in a regality or barony, or else [it will be done] by the king's ministers in their default.

[1372/3/7]⁵

Item, it was decreed that all killers who shall be prosecuted and charged concerning a killing by chaudmella committed to the south of the River Forth should not be heard beyond seven days of the beginning of the lawsuit, nor beyond four days of the lawsuit being moved on the north side of the same river, by proposing delaying or frivolous legal objections, but, having omitted these delaying and frivolous legal objections, the lawsuit is to proceed at once. And it was ordained and decreed that they apply the foregoing statute only in future, and not to bygone nor pending [suits], but that in these bygone and pending [suits] the laws and customs prior to this point should be applied.

[1372/3/8]⁶

Item, it was decreed concerning those who committed killings before the time of this parliament or statute that, if within forty days from the time of the proclamation of this statute they show and present themselves, they will be treated in common law according to the ancient laws of the kingdom hitherto. If, however, they are unwilling to show and present themselves, or perchance they refuse to stand to common law, thereafter they will incur the penalty of the abovesaid statute and be punished by confiscation of property and lands as above.

[1372/3/9]⁷

Item, every time a killer assumes the immunity of the church he is to be warned and required as above that he should come out and show himself for law for cognizance by assise if the killing was perpetrated by murder or by forethought felony. If, however, having been required and warned in this way, he is unwilling to show and present himself, he is to be banished as if convicted of murder and forethought felony and perpetually exiled henceforth, though retaining the immunity of the church which he assumed. Yet if he shows and presents himself for common law and justice and it shall be found by the assise that the homicide was perpetrated by chaudmella, he is to be restored to the immunity of the church as before, and thereafter he will have to assure the sheriff before he leaves the immunity which he has assumed.

[1372/3/10]⁸

Item, if anyone shall be a notorious receiver of a killer and he shall be convicted of this by the king's ministers, he ought to be punished as is expressed above concerning a killer as far as confiscating goods and lands for the time of his life is concerned.

[1372/3/11]⁹

Item, if anyone shall be charged of receiving a killer, the king's ministers will thereafter have to ask the truth concerning this from him, and if he admits receiving a killer he will give a caution¹⁰ and find sufficient surety that he will not be a receiver of the killer any more, and that he will put his attention and power diligently towards arresting the killer, if he is able, and that, having been asked, he will work for his arrest in person or through another with the king's ministers or the baron. If, however, he shall deny that he is the receiver of a killer, notwithstanding he will put [his] attention as far as possible [to arresting the killer], as above, having been asked by the king's ministers or the baron. Yet if beyond this vehement suspicion should be had of anyone, he ought to be arrested by the king's ministers and the baron and be freed under secure pledges, or if he has a notable inheritance, he may compear and stand to law at his own pledge where, when and in the presence of whoever may know [the facts] more quickly and better by reason of the parties of this arrested man, namely in the baron's, sheriff's, [or] justiciar's court, or in the king's parliament.

[1372/3/12]¹¹

And for the observing of all the foregoing things, the barons of the kingdom performed a great bodily oath, by the custom of the kingdom accustomed to be performed in weighty matters in the presence of the king in the aforesaid parliament. And all the barons of the kingdom presiding in the same place wished and decreed, by the consent of the king and community as above, that all the preceding statutes should not endure beyond three years unless another [three years] seems then to the king and council [necessary] to be decreed.