The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 29 March 2024
[1462/10/2]1
Procedure: extract from acts of provincial council, 19 July 1459
To all sons of the holy mother church to whose notice these present letters come, Thomas [Spens], by grace of God and the apostolic see bishop of Aberdeen and conservator of the privileges of the Scottish church, greeting in the Lord. As those present urge [us] to maintain the certain faith with equity and justice, and [as] the writings of both laws frequently tell [us], let [this] be to bear pious witness to the truth at least in these matters which are to be recorded for posterity, [and] which previously may have been cast into doubt. Hence it is that in our presence, as we presided in the council of the clergy of the aforesaid church celebrated in the usual manner at Perth on the year and day underwritten, there compeared on behalf of our most illustrious prince and lord, the lord James II, most illustrious king of Scots, the noble and mighty lord, Patrick [Graham], lord Graham, knight, and Master Archibald Whitelaw, stating that they were envoys especially sent from his royal majesty most urgently to seek the underwritten things from us and the clergy sitting with us representing the council, a declaration of the old royal custom concerning presentations to benefices in vacant sees, formerly (as they claimed) declared to his highness in a general council of the clergy celebrated at Perth in the year of the Lord 1457. And, at the petition of the aforesaid envoys, with due reverence as was fitting, we have diligently held an inquisition concerning the matters sought and proposed by them, by the clerks and the clergy then present, who indeed being examined on their oaths unanimously declared, and on their own behalf determined, that in the abovementioned council, namely in the year of our Lord 1457, our abovesaid most illustrious king was by ancient and early custom in possession of the right of presentation during episcopal vacancies to all benefices vacant in whatsoever manner, pertaining to ecclesiastical patronage and ordinary collation within the realm of Scotland, until the bishops should be admitted to the temporalities; and also of [the right of presentation] to elective secular benefices, including major [dignities] below episcopal rank, and to others reserved generally or specially in whatever way. And this we confirm in [the name of ] the Lord, to all of whom it concerns or may in any manner concern in the future, by the tenor of the presents. In witness and faith of all and sundry the aforesaid things, at the instance and request of the abovesaid envoys, standing and requesting in the royal name, we have caused these our letters to have been made patent to them, for future memory, subscribed and signed with the signs and subscriptions of the subscribed notaries, and confirmed with the attachment of our seal, at Perth, 19 July 1459, the last day of the council, the seventh indiction, in the first year of the pontificate of the most holy father in Christ and our lord, the lord Pius II, by divine providence pope, there being present the reverend fathers in Christ and lords, the lord George [Shoreswood], by divine pity bishop of Brechin, [Andrew Stewart, lord Avondale], chancellor of Scotland; the venerable men and lords, Walter Stewart, archdeacon of St Andrews, Master Thomas Vaus, dean of Glasgow, Master Laurence Piot, archdeacon of Aberdeen, Master Martin Vaus, with many others etc.
Collated with the copies of Donald Reid, scribe of the said council, and John Patrick, notary public.
- NAS, PA2/2, f.75r-v. Note the proceedings of this parliament survive only as a transcript in the parliamentary register for March 1479.