[1526/11/60]¹

Legislation: private acts

Item, anent the articule proponit of the grete oppressioune committit and daylie done be the malt makaris of Lethe upoune oure soverane lordis liegis throw the exhorbitant derth rasit be thame and of thare causing throw all the hale realme, it is devisit, concludit and ordanit that Archibald Douglas, provest of Edinburgh, thesaurare, Williame Scott of Balwery, justice, in absence of the justice generale, and Nichol Craufurd of Oxingangis, justice clerk, call the said maltmen to compere before thame the xj day of Decembre nixt tocum and put thame to the knawlege of ane assise for commoune oppressioune and to execute justice upoune thame geif thai be convicte conforme to the lawis of the realme.

[1526/11/61]²

The lordis of articulis continewis the mater debatable depending betuix the Erle of Marschale, on that ane part, and Master Johnne Hay, provest of Guthre, and utheris clamand to have interesse to the ward and mariage of Inverrugy, in the samin forme, force and effect as it is now, but prejudice of partis, unto the thrid day of the nixt sessioune efter Yule, with continuatioune of days, because the said erle is lyand in extremite of deid and Gilbert Keith, his sonne, quhilk remanit here apoune the said mater, is to depart to vesye his fader before his deceise; and therfore the actioune forsaid at oure soverane lordis command was continewit in manere forsaid quhill the said day sa that the said Gilbert may returne to the defence of the mater aboune writtin.

[1526/11/62]³

The lordis ordanis lettres be writtin directe to command and charge, compell and distrenze the provestes, aldermen and ballies of all the burghis in the realme for the soume of money promittit be thame to oure soverane lord for fredome and liberte grantit to thame now in parliament to pass with thare schippis and gudis to quhat portis or partis thai think mast expedient for thair wele, utilite and proffet, as the act maid tharupoune beiris; and that the sadis lettres be directed in the scharpest forme that the comptroller can devise sa that the said soume may be inbrocht with all diligence for the furnessing of sic thingis as the kingis grace has ado with the samin, and to poynd every burgh for thir awne part efter the forme of the taxatioune maid tharupoune.

[1526/11/63]⁴

⁵Item, anent the articule of conservatioune of the kingis previlege and how thai salbe punist that brekis the samin, and specialie that wald dissolve and brek the erectioune and unioune of his chapell ryale, it is statute and ordanit that the auld actis maid of befor apoune and aganis thame that brekis the said previlege salbe kepit; and forther the brekaris of thame quhatsumevere persounis, and thare assistaris or executouris of bullis or processes, except bischopis, salbe denuncit the kingis rebellis and put to his horne and sall tyne thar beneficis and gudis, that ar spirituale men, to be disponit, the beneficis be the patroune, and the gudis to be the kingis eschete; temperale men to tyne thar lifis and gudis and be demanit as rebellis to his grace, and the temporale men and thar assistaris to be callit to justice airis or to private justice courtis for thair breking of the actis of perliament in thar assistance, finance, help or support geving to sic persounis as brekis the said previlege apoune the forfaltour of thare lyfis and gudis quhilkis thai sall tyne gif thai be convicte therof.

[1526/11/64]⁶

⁷Item, anent the articule of slauchteris, murthouris, byrningis, it is statute and ordanit that the actis maid tharupoune of before and the auld lawis be kepit with this additioune: that quha cumis and birnys folkis in thir housis and all byrnyngis of housis and cornys and wilfull fyre rasing be tresoune and cryme of leise majestie, because sick deidis ar exhorbitant and mare agane the commoune wele than mony uther crymes; and at perticulare justice courtis or generale justice airis be sett tharto as sall plese the kingis grace, his consale and the justice for the tyme with thare consent, provyding that it salbe lefull to ony man to persew and follow commoune theiffis and rebellis to tak thame, and geif thai enter in ony house, that it salbe lefull to invaid, brek or distroy the said housis be fyre or utherways to the entent and effecte of taking or slaing of the said commoune thevis or rebellis, for quhilk thare sall follow apoune the doaris na pane, accusatioune, cryme nor offence, bot to be fre therof in all tyme.

[1526/11/65]⁸

Anent oure soverane lordis lettres purchest at the instance of Johnne, lord Lindesay of the Byris, schirref of Fiffe, that quhare he was chargit be oure said soverane lord diverse lettres to do justice in ane actioune betuix David Balfour in Lalathin and the said Johnne anent amendis and assithment making to the said David for hurting of him and his wife done be the said Johne, and for ane horse spulyeit fra him, neverthereles, the said Johnne has now laitlie, be sinistre informatioune, purchest lettres without cognitioune in the cause, chargeand the said schireff to restore the gudis apprisit ordourlie be him in the said mater and, therfoir, the said Johnne to produce the saidis lettres to be sene geif thai war ordourlie procedit and conforme to justice or nocht, as at mare lenthe is contenit in the lettres therupone. The said Johnne, lord Lindesay, comperand be Master Robert Galbrath, his procuratour, and the said Johnne Allerdes, lauchfullie summond to this actioune, oftymes callit and nocht comperit, the lordis of counsale suspendis the lettres purchest be the said Johnne Allerdes in the said mater, and decernis the effecte⁹ of thame to ceise ay and quhill thai be producit and the party lauchfullie warnit to the productioune therof, and lettres to be directed herupoune as efferis.