The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2025), date accessed: 15 February 2025
[1436/10/2]1
Legislation
In the first it is statute ande ordanit be the king ande consent of the thre estatis2 that nothir lorde of regalite, sheref na barone sell ony thefe or fyne with hym of thift done na to be done undir the payn to the lordis of regale doing in the contrary of tynsal of regaliteis and to baronis, justicis and shereffis of lyfe and gudis. Sauffing at this statute sal nocht streke to bordouraris duellande on the marchis bot for thift to be done efter the making of this statute. This statute enduring the kingis will.
[1436/10/3]3
Item it is statute and ordanit that al jugis sal ger the assisouris swere in the making of thar ath quhen thai ar chargit to the assise that thai nothir haf tane na sal tak mede4 na buddis of ony party. Ande gif ony sic be gevin or hecht or ony prayer made befor the gevin oute of the5 determinatioun of the saide assise, the saide assisouris6 sal opynly revele the buddis or giftis or prayeris ande the quantite and the maner tharof to the juge in playn courte.
[1436/10/4]7
Item it is statute and ordanit8 that al crownaris sal arrest al tym, als wele befor the cryay of the air as eftir, al thaim that sal be gevin hym in portuis be the justice clerk9 and nane uthir, etc.
[1436/10/5]10
Item it is ordanit that al maris and seriandis arrest at the shereffis biding, albeide that na party folowar be, al trespassouris. Ande at the said sheray folow the said trespassouris in the kingis name gif na party folowar apperis.
[1436/10/6]11
Item it is ordanit12 that na man be assouerit of Inglismen, na tak protectioun of thaim for landis nor gudis, bot alanerly [the wardane]13 quhilk sal hafe leif gevin be the king, undir the payn of tresoun, etc.
[1436/10/7]1415
Item it is ordanit for mar stanching of thift and trespass16 that supposs a thefe byde twa sonis, thre, foure or ma eftir he be attachit, he17 [sal nocht haf fredome till abyd xl dais bot he salbe jugit alse sone as a court may be set tharapone.].
[1436/10/8]1819
Of inbryngyng of bulyeone
Item it is ordanit that of ilk sek of wol that sall pass out of Scotlande, the Scottis marchande gif he sailys tharwith, or the Scottis marchande that sellys it to strangearis, sall fynde souerte to the custumaris of the portis20 quhare21 the schippis sailys, to bring in Scotlande to the maistir of the kingis mone thre wnce of bulyeon. And of a last of hydis alse mekill as of thre sekkis of woll. And of v hamburghe barellys alse mekill as of a sek of woll. Ande of uthir gudis that aw na custum or that aw custun efter the fraucht of the serplar, that is to say it at payis as a serplar in fraucht sal bring thre wnce of bulyeon hame undir the payne of tynsaill of alse mekill bulyeon as that sulde bring hame to be applyit to the king. And the custumare of ilk burghe sall wryt all manner if gudis that enteris to schipburde for the sersing and knalege hereof.
[1436/10/9]22
The statute of the tavernaris in the nycht
Item the king and the thre estatis has ordanyt that na man in burghe23 be fundyn in tavernys at aile, wyne or beir eftir the straik of ix houris and the bell that salbe rongyn in the said burghe. The quhilkis beande fundyn, the alderman ande bailyeis sall put thame in the kingis24 presone, the quhilk gif thai do not thai sall pay for ilk tyme at thai be fundyn culpabill befor the chawmerlane l s'.
[1436/10/10]25
The statute of Inglys clath
Item the king and the thre estatis has ordanyt that na man wndir the pane of eschet to by ony Inglis clath or uthir gudis within the kinryk of Scotlande fra Inglis men.26 And at na Inglis men haif conductyt to by and to sell or change ony Inglis gudis bot gif thai gudis be specifiit and leif gevyn in his saufconducte, saufande in payment of ransome of Inglis men.
[1436/10/11]27
Tuiching the selling of salmonde till Inglis men and namely beforhand
Item it is statuyt and ordanyt that na Scottis man sell to Inglis man or in Inglande beforhand or uthir wayis ony salmonde, bot at Inglis men by thame in Scotlande for Inglis golde and nane uthir contentatioun. And gif Inglismen will nocht by thame the Scottis marchandis ma sende thame in Flandiris or uthir placis quhar thai thinkis, sa that in na wyse thai nothir sell thame nor sende thame in Inglande undir the payn of eschet. And for the gude of the marchandis the king will grant conduct till all thame that will cum to by salmonde in Scotlande.
[1436/10/12]28
Of bying of wyn fra Flemyngis
Thre29 king and the thre estatis has ordanyt that na man of Scotlande by at Flemyngis of the Dame in Scotlande ony kynde of wyne wndir the payne of eschet tharof.
[1436/10/13]30
[Act found only in 1566 Printed Acts]
[Item it is statute and ordanit that for vii yeiris tocum the kingis justice of baith the sydis of the watter of Forth and als the schireffis, for trespas done outwith regalities and burrowis, the said justice and schireffis sall hald the law quhair the trespas was done and nouther defer to burrowis na regalities thairin.]
[1436/10/14]3132
Item that nane haif out of Scotlande golde, silvir na jowalys conyeit nor unconyeit wndir the payne of eschet tharof.
- NAS PA5/6(2) once included a partial record of the acts of this general council, which are printed in Robertson, Parliamentary Records, 72. They were then found on an unnumbered folio between f.20 and f.21. That folio is now absent from the MS. Robertson's version has been used as the main source for acts 1436/1 to 1436/7, but with full comparison with other MSS. Comparison of Robertson's transcription of NAS PA5/6(2) with the manuscript reveals that his edition is generally highly accurate. PA5/6(1) has been cited as the main source for the remainder of the acts. Other sources: NAS PA5/6(1), f.30r-31r; Drummond MS, f.248r-249v; Colville MS, f.278v-280r; Malcolm MS, f.153r-v; Fort Augustus MS, f.212r-v (includes only 1436/10-12, 14 and the misplaced royal revocation of James II found in other MSS, without any dating or preamble); 1566 acts, f.24r.
- PA5/6(1), Drummond, Colville, Malcolm begin 'Throu the consent of the thre estatis it is ordanyt'.
1566 acts begin 'Item it is statute and ordanit be the king, with consent of the thre estatis'.
Note the version found in APS, ii, 23 ('In the first it is statute ande ordanit be the king throu the consent of the thre estatis'), is not found in any MS or the 1566 acts. - NAS PA5/6(2) once included a partial record of the acts of this general council, which are printed in Robertson, Parliamentary Records, 72. They were then found on an unnumbered folio between f.20 and f.21. That folio is now absent from the MS. Robertson's version has been used as the main source for acts 1436/1 to 1436/7, but with full comparison with other MSS. Comparison of Robertson's transcription of NAS PA5/6(2) with the manuscript reveals that his edition is generally highly accurate. PA5/6(1) has been cited as the main source for the remainder of the acts. Other sources: NAS PA5/6(1), f.30r-31r; Drummond MS, f.248r-249v; Colville MS, f.278v-280r; Malcolm MS, f.153r-v; Fort Augustus MS, f.212r-v (includes only 1436/10-12, 14 and the misplaced royal revocation of James II found in other MSS, without any dating or preamble); 1566 acts, f.24r.
- Colville substitutes 'gyffis' (rectius 'gyftis'). Malcolm omits.
- 1566 acts add 'declaratioun and'.
- 'of the saide assise . . . assisouris'. Drummond reads 'of the saide assisouris'.
- NAS PA5/6(2) once included a partial record of the acts of this general council, which are printed in Robertson, Parliamentary Records, 72. They were then found on an unnumbered folio between f.20 and f.21. That folio is now absent from the MS. Robertson's version has been used as the main source for acts 1436/1 to 1436/7, but with full comparison with other MSS. Comparison of Robertson's transcription of NAS PA5/6(2) with the manuscript reveals that his edition is generally highly accurate. PA5/6(1) has been cited as the main source for the remainder of the acts. Other sources: NAS PA5/6(1), f.30r-31r; Drummond MS, f.248r-249v; Colville MS, f.278v-280r; Malcolm MS, f.153r-v; Fort Augustus MS, f.212r-v (includes only 1436/10-12, 14 and the misplaced royal revocation of James II found in other MSS, without any dating or preamble); 1566 acts, f.24r.
- 1566 acts begin 'Item it is ordanit'.
- 'be the justice clerk'. Malcolm omits.
- NAS PA5/6(2) once included a partial record of the acts of this general council, which are printed in Robertson, Parliamentary Records, 72. They were then found on an unnumbered folio between f.20 and f.21. That folio is now absent from the MS. Robertson's version has been used as the main source for acts 1436/1 to 1436/7, but with full comparison with other MSS. Comparison of Robertson's transcription of NAS PA5/6(2) with the manuscript reveals that his edition is generally highly accurate. PA5/6(1) has been cited as the main source for the remainder of the acts. Other sources: NAS PA5/6(1), f.30r-31r; Drummond MS, f.248r-249v; Colville MS, f.278v-280r; Malcolm MS, f.153r-v; Fort Augustus MS, f.212r-v (includes only 1436/10-12, 14 and the misplaced royal revocation of James II found in other MSS, without any dating or preamble); 1566 acts, f.24r.
- NAS PA5/6(2) once included a partial record of the acts of this general council, which are printed in Robertson, Parliamentary Records, 72. They were then found on an unnumbered folio between f.20 and f.21. That folio is now absent from the MS. Robertson's version has been used as the main source for acts 1436/1 to 1436/7, but with full comparison with other MSS. Comparison of Robertson's transcription of NAS PA5/6(2) with the manuscript reveals that his edition is generally highly accurate. PA5/6(1) has been cited as the main source for the remainder of the acts. Other sources: NAS PA5/6(1), f.30r-31r; Drummond MS, f.248r-249v; Colville MS, f.278v-280r; Malcolm MS, f.153r-v; Fort Augustus MS, f.212r-v (includes only 1436/10-12, 14 and the misplaced royal revocation of James II found in other MSS, without any dating or preamble); 1566 acts, f.24r.
- PA5/6(1), Drummond, Colville, Malcolm begin 'The king and the haill parliament has statuyt and ordanit'.
- PA5/6(2) reads 'aways', which appears to arise from defective copying that also made its way into some other MSS. PA5/6(1) reads 'wayis'. Drummond reads 'the wardane'. Colville, 1566 acts read 'the wardanis' (followed by APS, ii).
- NAS PA5/6(2) once included a partial record of the acts of this general council, which are printed in Robertson, Parliamentary Records, 72. They were then found on an unnumbered folio between f.20 and f.21. That folio is now absent from the MS. Robertson's version has been used as the main source for acts 1436/1 to 1436/7, but with full comparison with other MSS. Comparison of Robertson's transcription of NAS PA5/6(2) with the manuscript reveals that his edition is generally highly accurate. PA5/6(1) has been cited as the main source for the remainder of the acts. Other sources: NAS PA5/6(1), f.30r-31r; Drummond MS, f.248r-249v; Colville MS, f.278v-280r; Malcolm MS, f.153r-v; Fort Augustus MS, f.212r-v (includes only 1436/10-12, 14 and the misplaced royal revocation of James II found in other MSS, without any dating or preamble); 1566 acts, f.24r.
- The last act for James I's reign formerly found in PA5/6(1) (now missing).
- Drummond, Colville, Malcolm, 'tresspassouris'.
- The PA5/6(2) version (printed in Robertson, Parliamentary Records, 72) ends here, as a loose folio had already been lost when Robertson transcribed the acts. The remainder of the act is from PA5/6(1).
- NAS PA5/6(2) once included a partial record of the acts of this general council, which are printed in Robertson, Parliamentary Records, 72. They were then found on an unnumbered folio between f.20 and f.21. That folio is now absent from the MS. Robertson's version has been used as the main source for acts 1436/1 to 1436/7, but with full comparison with other MSS. Comparison of Robertson's transcription of NAS PA5/6(2) with the manuscript reveals that his edition is generally highly accurate. PA5/6(1) has been cited as the main source for the remainder of the acts. Other sources: NAS PA5/6(1), f.30r-31r; Drummond MS, f.248r-249v; Colville MS, f.278v-280r; Malcolm MS, f.153r-v; Fort Augustus MS, f.212r-v (includes only 1436/10-12, 14 and the misplaced royal revocation of James II found in other MSS, without any dating or preamble); 1566 acts, f.24r.
- Malcolm omits.
- Colville, 'placis'.
- Drummond, 'thare'.
- NAS PA5/6(2) once included a partial record of the acts of this general council, which are printed in Robertson, Parliamentary Records, 72. They were then found on an unnumbered folio between f.20 and f.21. That folio is now absent from the MS. Robertson's version has been used as the main source for acts 1436/1 to 1436/7, but with full comparison with other MSS. Comparison of Robertson's transcription of NAS PA5/6(2) with the manuscript reveals that his edition is generally highly accurate. PA5/6(1) has been cited as the main source for the remainder of the acts. Other sources: NAS PA5/6(1), f.30r-31r; Drummond MS, f.248r-249v; Colville MS, f.278v-280r; Malcolm MS, f.153r-v; Fort Augustus MS, f.212r-v (includes only 1436/10-12, 14 and the misplaced royal revocation of James II found in other MSS, without any dating or preamble); 1566 acts, f.24r.
- 'in burghe'. Omitted by Colville, Malcolm.
- Colville substitutes 'burghe'.
- NAS PA5/6(2) once included a partial record of the acts of this general council, which are printed in Robertson, Parliamentary Records, 72. They were then found on an unnumbered folio between f.20 and f.21. That folio is now absent from the MS. Robertson's version has been used as the main source for acts 1436/1 to 1436/7, but with full comparison with other MSS. Comparison of Robertson's transcription of NAS PA5/6(2) with the manuscript reveals that his edition is generally highly accurate. PA5/6(1) has been cited as the main source for the remainder of the acts. Other sources: NAS PA5/6(1), f.30r-31r; Drummond MS, f.248r-249v; Colville MS, f.278v-280r; Malcolm MS, f.153r-v; Fort Augustus MS, f.212r-v (includes only 1436/10-12, 14 and the misplaced royal revocation of James II found in other MSS, without any dating or preamble); 1566 acts, f.24r.
- Drummond adds 'or utouthe'. 1566 acts add 'or without'.
- NAS PA5/6(2) once included a partial record of the acts of this general council, which are printed in Robertson, Parliamentary Records, 72. They were then found on an unnumbered folio between f.20 and f.21. That folio is now absent from the MS. Robertson's version has been used as the main source for acts 1436/1 to 1436/7, but with full comparison with other MSS. Comparison of Robertson's transcription of NAS PA5/6(2) with the manuscript reveals that his edition is generally highly accurate. PA5/6(1) has been cited as the main source for the remainder of the acts. Other sources: NAS PA5/6(1), f.30r-31r; Drummond MS, f.248r-249v; Colville MS, f.278v-280r; Malcolm MS, f.153r-v; Fort Augustus MS, f.212r-v (includes only 1436/10-12, 14 and the misplaced royal revocation of James II found in other MSS, without any dating or preamble); 1566 acts, f.24r.
- NAS PA5/6(2) once included a partial record of the acts of this general council, which are printed in Robertson, Parliamentary Records, 72. They were then found on an unnumbered folio between f.20 and f.21. That folio is now absent from the MS. Robertson's version has been used as the main source for acts 1436/1 to 1436/7, but with full comparison with other MSS. Comparison of Robertson's transcription of NAS PA5/6(2) with the manuscript reveals that his edition is generally highly accurate. PA5/6(1) has been cited as the main source for the remainder of the acts. Other sources: NAS PA5/6(1), f.30r-31r; Drummond MS, f.248r-249v; Colville MS, f.278v-280r; Malcolm MS, f.153r-v; Fort Augustus MS, f.212r-v (includes only 1436/10-12, 14 and the misplaced royal revocation of James II found in other MSS, without any dating or preamble); 1566 acts, f.24r.
- Sic.
- All MSS omit. This act appears for the first time among the 1436 statutes in the 1566 printed edition of the acts. It was included silently with the other statutes in APS, ii, 24, where a letter for letter transcript of the act in the 1566 acts was used. Appearing in such a late source, the act must be treated with caution. Nevertheless, there is a strong possibility that the 1566 edition used the early (c.1450s) PA5/6(2) MS version of the acts as its source, and therefore records an act then present in the early MS, but missing from the other Group D MSS (all late 1490s). Note that the beginning of act 1436/2 in the 1566 acts is closer to the early PA5/6(2) than any of the later MSS. Drummond and Colville place the revocation of lands and titles from James II's reign here. Drummond and omits 1436/13 and 1436/14. Colville places 1436/14 after the revocation.
- NAS PA5/6(2) once included a partial record of the acts of this general council, which are printed in Robertson, Parliamentary Records, 72. They were then found on an unnumbered folio between f.20 and f.21. That folio is now absent from the MS. Robertson's version has been used as the main source for acts 1436/1 to 1436/7, but with full comparison with other MSS. Comparison of Robertson's transcription of NAS PA5/6(2) with the manuscript reveals that his edition is generally highly accurate. PA5/6(1) has been cited as the main source for the remainder of the acts. Other sources: NAS PA5/6(1), f.30r-31r; Drummond MS, f.248r-249v; Colville MS, f.278v-280r; Malcolm MS, f.153r-v; Fort Augustus MS, f.212r-v (includes only 1436/10-12, 14 and the misplaced royal revocation of James II found in other MSS, without any dating or preamble); 1566 acts, f.24r.
- Drummond omits.