Legislation: private acts

Item, regarding the article proposed of the great oppression committed and daily done by the malt-makers of Leith upon our sovereign lord's lieges through the exorbitant dearth raised by them and of their causing throughout the whole realm, it is devised, concluded and ordained that Archibald Douglas [of Kilspindie], provost of Edinburgh, treasurer, [Sir] William Scott of Balwearie, justice, in the absence of [James Stewart, earl of Moray], justice general, and Nicholas Crawford of Oxgangs, justice clerk, call the said maltmen to compear before them on 11 December 1526 and put them to the knowledge of an assize for common oppression and to execute justice upon them if they be convicted according to the laws of the realm.

The lords of the articles continue the disputed matter pending between [William Keith], earl Marischal, on the one part, and Master John Hay, provost of Guthrie, and others claiming to have interest to the ward and marriage of Inverugie, in the same form, force and effect as it is now, without prejudice of parties, until the third day of the next session after Yule, with continuation of days, because the said earl is lying in extremity of death and Gilbert Keith, his son, who remains here upon the said matter, is to depart to visit his father before his death; and therefore the action foresaid at our sovereign lord's command was continued in the manner foresaid until the said day so that the said Gilbert may return for the defence of the matter above-written.

The lords ordain letters to be written direct to command and charge, compel and distrain the provosts, aldermen and bailies of all the burghs in the realm for the sum of money promised by them to our sovereign lord for the freedom and liberty granted to them now in parliament to pass with their ships and goods to whatever ports or parts they think most expedient for their welfare, utility and profit, as the act made thereupon bears; and that the said letters be directed in the sharpest form that the comptroller can devise so that the said sum may be brought in with all diligence for the furnishing of such things as the king's grace has to do with the same, and to poind every burgh for their own part after the form of the taxation made thereupon.

Item, regarding the article of conservation of the king's privilege and how those who break the same shall be punished, and especially those who would dissolve and break the erection and union of his chapel royal, it is statute and ordained that the old acts made of before upon and against those who break the said privilege shall be kept; and further the breakers of those, whomsoever persons and their assisters or executors of bulls or processes, except bishops, shall be denounced as the king's rebels and put to his horn and shall lose their benefices and goods, who are spiritual men, to be conveyed, the benefices by the patron, and the goods to be the king's escheat; temporal men to lose their lives and goods and be demeaned as rebels to his grace, and the temporal men and their assisters to be called to justice ayres or to private justice courts for their breaking of the acts of parliament in their assistance, finance, help or support given to such persons who break the said privilege upon the forfeiture of their lives and goods, which they shall lose if they be convicted thereof.

Item, regarding the article of slaughters, murders and burnings, it is statute and ordained that the acts made thereupon of before and the old laws be kept, with this addition: that whoever comes and burns folks in their houses, and all burning of houses and corn and wilful fire-raising are treason and crimes of lese-majesty, because such deeds are exorbitant and more against the common good than many other crimes; and that particular justice courts or general justice ayres be set thereto as shall please the king's grace, his council and the justice for the time, with their consent, providing that it shall be lawful to any man to pursue and follow common thieves and rebels to take them, and if they enter in any house, that it shall be lawful to invade, break or destroy the said houses by fire or otherwise, to the intent and effect of taking or slaying of the said common thieves or rebels, for which there shall follow upon the doers no pain, accusation, crime nor offence, but to be free thereof in all time.

Regarding our sovereign lord's letters purchased at the instance of John [Lindsay], lord Lindsay of the Byres, sheriff of Fife, that where he was charged by our said sovereign lord's diverse letters to do justice in an action between David Balfour in Lalathan and the said John regarding making amends and reparation to the said David for the hurting of him and his wife done by the said John, and for a horse spoiled from him, nevertheless, the said John has now lately, by sinister information, purchased letters without cognition in the cause, charging the said sheriff to restore the goods apprised orderly by him in the said matter and, therefore, the said John to produce the said letters to be seen if they were orderly proceeded and according to justice or not, as at more length is contained in the letters thereupon. The said John, lord Lindsay, represented by Master Robert Galbraith, his procurator, and the John Allardyce, lawfully summoned to this action, often called and not compearing, the lords of council suspend the letters purchased by the said John Allardyce in the said matter, and declare that the effect of them is to cease until they are produced, and the party lawfully warned to the production thereof, and letters to be directed hereupon as is appropriate.

  1. NAS, PA2/8, I, f.46r.
  2. NAS, PA2/8, I, f.46r.
  3. NAS, PA2/8, I, f.46r-46v.
  4. NAS, PA2/8, I, f.46v.
  5. NAS, PA2/8, I, f.46v.
  6. NAS, PA2/8, I, f.47r.