[1526/11/53]¹

Legislation

Anent the supplicatioune gevin in to our soverane lord and thre estatis of parliament be the commissaris of burrowis of this realme, makand mencioune that, throw circumvencioune of our said soverane lord now in his less ayge, thare was ane pretendit contracte maid be Alexander Mure and Sir James Cottis anent the stapill of merchandis of this realme to be had in the towne of Middilburgh, quhilk is express aganis the commone weil of this realme and herschip, scaithe and distructioune of the burrowis and merchandis of the samyn, as is noterlie knawin to oure said soverane lord and thre estatis; and be siclyk circumvencioune thair is ane confirmacioune maid of the said contract undir the greit sele, with uther wrytingis undir the said sele, as at maire lenthe is contenit in the samyn; desiryng, therfor, that oure said soverane lord and thre estatis forsaid to declare in this present parliament gif thai consentit to the said confirmacioune and lettrez gevin therapoune or nocht, and to considir the greit damnage and scaithe at mycht fall to his realme and liegis throw occasioune of the said staple at the said towne of Middilburgh, as at maire lenthe is contenit in the said supplicacioune. Oure soverane lord and thre estatis forsaid, eftir lang disputatioune, argumentis and resonis producit and schewin in the said mater and undirstanding that the said contracte and confirmacioune redoundis all utirlie to his graiceis dishonour, the greit hurt of his realme, merchandis and burrowis of the samyn, and willing thame to broik all libertie and fredome un constrenyeit or choactit in his tyme as thai have joisit in the tyme of his maist noble progenitouris of guid mynd, quhem God assolye, thairefor, his hienes, with avise and consent of his thre estatis as said is, has adnullit and dischargeit and adnullis, dischargis and declaris the said contractis maid be the said Alexander Mure and Sir James Cottis with the pepill of Middilburgh, byndand the staple and residence of the merchandis of Scotland to be at the said toune, with confirmacioune and all that followit tharupoune, to be of nane availe, force nor effecte in tyme tocum for thire resounes following. In the first, the said contractis allegit maid be the said Alexander and Sir James was and is of nane availe because the commissioune grauntit to thame tharto, gif thai ony had, was gevin be Johnne, duke of Albany, than governour of this realme, without the avise of the thre estatis, quhilk mycht nocht restrene oure soverane lord nor his realme [in] na maner of way and at the ferrest, but during the tyme of his governance, quhilk contracte in that tyme come nevire till effecte nor na execucioune followit herupoune and, therfor, is of nane availe. Secundlie, the said contracte restrenis oure soverane lord, his liegis and thar gudis to the Emperouris jurisdictioune, howbeit oure soverane lord and his maist noble progenitouris has evire bene fre and emperouris within thame self, nocht subject to na erdlie creature undir God in thar temporalite. Thridlie, the said contracte oblissis the merchandis, maisteris and marinaris to cum with thair schippis and gudis to the havin and port of Middilburgh undir the pane of tynsall of thair schippis and all thair gudis, supponand be storme of wedire or truble of weirmen the saidis schippis be aventure may be drevin or chasit to uther portis, and sa mycht tyne thar schipis and gudis by all resoune and conscience. Ferdlie, the said contracte beiris that of the schippis and gudis sa eschetit, the thrid part therof sall pertene to oure soverane lord and ordanis him be his procuratouris to persew his awin liegis for the samin before the Emperoris private or greite counsale, quhilk ware grete dirogacioune to his honour and prejudice to his graice and realme. And finalie, the said contracte is cleirlie undirstand contrare the honour of oure said soverane lord, the fredome and previlege of his croune, the commoune wele of his realme, burrowis, liegis and merchandis and, therfore, decernis the samin fra the begynning, and in tyme tocum, with the confirmatioune and all that followit tharupoune, of nane availe, strenthe nor vigour, and with auctorite of parliament grauntis full licence, fredome and liberte to all merchandis of this realme to pass with thair schippis and gudis in merchandice quhare thai think mast proffettable and can be best tretit in all tymes cuming, and lettres of proclamatioune to be directe herupoune in sick forme as efferis.

[1526/11/54]²

³Item, because of the gret repaire in Edinburgh throu resorting of oure soverane lord, his liegis and utheris strangearis, and it is necessare that thai be providit of breid, gude and sufficient stuff, tharefore it is statute and ordanit that thare be wolklie thre mercat dais for selling of breid within the said toune, that is to say Monunday, Wednisday and Friday wolklie, upoune the quhilk days it salbe lefull to all oure soverane lordis liegis, baith in burgh and to land, tocum upone the sadis mercat dais to the said toune and sell thare breid for reddy money without truble or injuris to be done to the persounis cumand with thare breid to the effect forsaid.

[1526/11/55]⁴

⁵Item, it is statute and ordanit inlikwise that thare be thre mercat dais wolklie in the said toune for selling of flesche, that is to say Sounday, Monunday and Thurisday wolklie. All maner of persounis, baith to burgh and to land, salbe fre to cum and sell flesche for redy money for the furnessing of oure soverane lord and his liegis and utheris reparand to the said toune.

[1526/11/56]⁶

⁷Item, forsamekle as it was statute and ordanit of before that na talloune suld be had furth of the realme for the eschewing of derth of the samin, not the less the talloune is cariit furth in gret quantite, quhilk has rasit excedand derthe in the cuntre, puttand the stane of talloune to ane double price or aboune; tharefore, it is statute and ordanit in this present parliament that na persone nor persounis tak upoune hand in tyme tocum to cary ony talloune furth of the realme under the pane of tynsale of all thare gudis movable cumand incontrare hereof, and that all custumaris at every port of the realme quhare schippis are frauchtit mak sercheouris to serche and seik all schippis, and quhare ony talloune beis schippit or brocht to the schippis to be cariit furth of the realme, to eschete the samin, that is to say, the tane half to thare awine use that apprehendis the talloune and the tother half to oure soverane lordis use; and that the custummaris mak compte hereupoune yerelie in the chekker and als that thai advertise oure soverane lordis thesaurare of the persounis awnaris of sick talloune eschetit sa that he may inbring the remanet of thare gudis movable to oure soverane lordis use for thare contempcioune; and inlikwise that na maner of man, fleschar nor utheris to burgh, nor to land, tak upoune hand to rynd, melt nor barell talch under the pane of tynsale of all thare gudis.

[1526/11/57]⁸

⁹Item, forsamekle as diverse wikkit, evill avisit persounis fenyeis and contirfeitis oure soverane lordis money, quhilk may returne to the gret dampnage of this realme without remeid be providit therfore in tyme, therefore it is statute and ordanit that all provestis, aldermen, ballies and officeris of burrowis serche and seik apoune all mercat dais and uther tymes necessar all persounis that can be apprehendit haifand fals money or conterfetis the kingis irnis of cunye, and bring or send thame to oure soverane lordis justice to be justifiit for thare demeritis efter the forme of the lawis of the realme maid aganis fals cunyeouris.

[1526/11/58]¹⁰

Item, anent the articule gevin in be the commissaris of burrowis makand mentioune of the grete inconvenientis committit be Henry Bardiner, induellar in Lethe, be way of piratry and as ane sey theiff, and quhat truble may fall to the merchandis of this realme for his dedis, off the quhilk he is convicte be ane assisse, it is devisit, statute and ordanit be the estatis temporale in this present parliament that the provest and balles of Edinburgh execute justice upoune the said Henry efter the forme of the dome gevin aganis him in example of utheris to committ siclike inconvenientis.

[1526/11/59]¹¹

Item, it is statute and ordanit in this present parliament that justice airis be haldyn universalie throw the realme for stanching of inconvenientis and punissing of trespassouris for that oure soverane lordis trew liegis may leif in pece and tranquillite in tymetocum, and to begyn in Fiffe the xiiij day of Januare nixtocum, and fra thyne at Perthe, Dunde, Kyncardin, Abirdene and sa northe throw every schire to Inverness, and therefter to begyn on this syde of the water of Furth as sic partis as salbe sene mast expedient be oure soverane lord and the lordis being with him for the tyme, and to pass throw every schyre of the realme for the wele of the samin; and presentlie dischargis all commissionis of justry grauntit and gevin to quhatsumever persounis within the realme for that, all causis criminale quhilkis ar to be decidit before oure soverane justice have passage befor him and his deputis and nane uther ways; and at oure soverane lord be personalie present at the halding of the sadis justice airis geif it plesis his grace; and that the Erle of Murray be justice generale in all the boundis of his louetenentry and with all proffettis grantit to him in his commissioune with avise of the thesaurare; and that na justice airis be haldin na part without oure soverane lord and his justice be present.