Legislation

In the first, for the honour of God and the Holy Kirk, it is statute and ordained in this present parliament that the freedoms and liberties of2 the Holy Kirk, with all privileges and immunities thereof,3 and of all spiritual persons be observed and kept in honour, worship and freedom for the time of our sovereign lord that now is, likewise as has been in times of his most noble progenitors of good mind of before, and revokes, voids and annuls all acts and statutes made to the contrary, and especially the acts made in the last parliament, and wills that the same be cancelled and deleted out of the book of parliament and council.

Item, in the first, our sovereign lord, with advice of his dearest mother [Margaret Tudor], the queen's grace, and the lords of the three estates of his realm, understanding that John [Stewart], duke of Albany, then tutor and governor to our said sovereign lord, the king's grace, at his last departing out of this realm, promised to return to the same at the first day of September last past for the due execution of his office and the administration of justice to our sovereign lord's lieges enduring the time of his said office, with support of [Francis I], king of France for the defence of this realm, as was appropriate and was promised, which he has not kept, but absents himself against the tenor of his said promise and the office of tutorage, abusing and neglecting the same to the great hurt and scathe of our said sovereign lord, his lieges and subjects; wherefore, the said three estates have declared his said office of tutorage and governance to be expired and he secluded therefrom, and has statute and ordained that our said sovereign lord shall use and exercise his own authority and have the full rule and governance of his realm, lieges and subjects in time to come by the advice of his said dearest mother, the queen's grace, and lords of his council, and that honest writings in this matter be devised and sent to the King of France and the said duke to the excuse of our said sovereign lord, his lords and realm, and their accusation.

Item, because [Margaret Tudor], the queen's grace, by natural love, affection and inclination is most tender, sure and trusted for the good and the welfare of the person of our sovereign lord, her dearest son, it is statute and ordained that she shall have the keeping and rule of his most noble person with wise, virtuous men of good inclination and conversation that may and will instruct him in virtues, bounty and good manners, who are to be chosen by the advice of the queen's grace and the lords of council, and that all officers of his most noble person's household, with his other officers, will be chosen, sufficient, able and fitting men thereto, by the advice of the queen's grace and lords of council, she being the principal.

Item, it is statute and ordained that our sovereign lord, with the advice of his dearest mother [Margaret Tudor], the queen, shall convey upon all wards, marriages, reliefs, non-entries, benefices and all his other casualties, and that no disposition thereof be of value without the subscriptions of our said sovereign lord and his dearest mother, the queen's grace etc.

Item, it is devised and ordained that [James Beaton], archbishop of St Andrews and [Gavin Dunbar], bishop of Aberdeen, [James Hamilton], earl of Arran and [Archibald Campbell], earl of Argyll, be lords of our sovereign lord's secret council, to decide and conclude the matters between realm and realm, the striking of coin, the setting of justice ayres and all other great matters belonging to the common good of our sovereign lord and his realm, by the advice of [Margaret Tudor], the queen's grace, she being principal.

Item, it is statute that there be an ample and honest commission granted and given to the ambassadors that now are to pass to England for the treating of peace and other great matters, with articles and direction as shall be thought expedient for the well-being of our sovereign lord and his realm; and that an article be given to the said ambassadors9 to ask for redress of the ship called Mary Katherine, otherwise known as the Bark of Sandwich, with money, goods, merchandise and mariners being therein, which was now, lately in a time of peace, taken by Englishmen and convoyed to Flanders as shall be proved upon the borders according to the laws required thereto; and this article is to be first discussed by the ambassadors.

Item, it is devised and statute that there be chosen immediately certain reputable lords and persons of the three estates that are of the best knowledge and experience, who shall sit upon the session and begin the same immediately and thereafter continue and administer justice evenly to all parties, both poor and rich, without hostility, favour or affection, keeping the order of the table, notwithstanding any requests of our sovereign lord or queen's grace in opposition thereof, because they have declared their mind according thereto.

Item, that the justice or his deputy, sufficient and fitting thereof, remain continually in Edinburgh or with the king's grace for the administration of justice in criminal actions as shall occur for the time pertaining to his office.

13Item, as concerns the staunching of theft throughout all the realm and especially in Liddesdale and upon the borders, it is statute and ordained that all the lords and headmen within the said boundaries be bound for their men, tenants and servants and others within their boundaries for the keeping of good rule as shall be thought expedient by the lords of the articles.

15Item, one penny of gold and another of silver to be coined of fineness and quantity and how the stuff shall be imported as the said lords of the articles shall think expedient, ordains the gold of the mine to be coined.

17Item, concerning the bringing in of our sovereign lord's property and [Margaret Tudor], his dearest mother's conjunct fee, it is statute that letters be written charging all sheriffs, bailies, stewarts, customs officials, chamberlains and other intromitters therewith to appear at every and each exchequer where it shall be held for the time and make their accounts and full payment etc. with the rolls before their departing, each one for their own part, under the pain of the loss of their office, whether they be of heritage or assedation, and nonetheless their goods and lands to be poinded and apprised for the rest.

Item, because it is understood that John [Stewart], duke of Albany, then tutor to our sovereign lord, set diverse of his proper lands in feuferme and assedation for 19 years and other long terms within the value contained in his rental, and of one part thereof the terms of entry as has not yet come, to the great hurt and prejudice of our sovereign lord, therefore19 ordains such persons to be called to hear their tacks declared of no value for the causes foresaid.

21Item, that no remission be given for slaughter committed on forethought felony for the space of three years next to come without the advice of the three estates.

Memorandum, that a commission be made to the ambassadors that are now to pass to England under the great seal, giving them power to take perpetual peace or for the time of the king who reigns this day, or to the perfect age of the king's grace, or for 7 years, 5 years or 3 years, or shorter or longer as shall be found expedient by them, and to treat for the marriage between [Mary Tudor], King Henry VIII's daughter, now apparent heir to his grace, and our sovereign lord of Scotland King James V, and of the dowry thereof, and all other things pertaining thereto and the security thereof, and to refer again for the short peace of 7, 5 or 3 years to conclude.

  1. NAS, PA2/8, I, f.2v.
  2. Written in superscript over the deleted phrase, 'thereof with all immunities and privileges'. 'of' also repeated in manuscript.
  3. Written in superscript.
  4. NAS, PA2/8, I, f.3r.
  5. NAS, PA2/8, I, f.3r.
  6. NAS, PA2/8, I, f.3r.
  7. NAS, PA2/8, I, f.3v.
  8. NAS, PA2/8, I, f.3v.
  9. Followed by deleted phrase, 'of the ship called'.
  10. NAS, PA2/8, I, f.3v.
  11. NAS, PA2/8, I, f.3v.
  12. NAS, PA2/8, I, f.3v.
  13. In margin, 'act'.
  14. NAS, PA2/8, I, f.4r.
  15. In margin, 'nichil', perhaps meaning that the act was cancelled at a later date.
  16. NAS, PA2/8, I, f.4r.
  17. In margin, 'nota constitutur de novo except the queen's conjunct-fee'. On a separate line 'nota, to be pronounced' added and then deleted.
  18. NAS, PA2/8, I, f.4r.
  19. 'It is statuted and ordained that all such assedations and feu fermes be of no value in time to come and that the said lands be vacant in our sovereign lord's hands, to be set to the most value for his utility and profit', deleted.
  20. NAS, PA2/8, I, f.4r.
  21. In margin, 'It is statuted and ordained'.
  22. NAS, PA2/8, I, f.4r.