<rdf:RDF xmlns:rdf="http://www.w3.org/1999/02/22-rdf-syntax-ns#" xmlns:dcterms="http://purl.org/dc/terms/">
<rdf:Description rdf:about="http://openvirtualworlds.org/omeka/items/show/530">
    <dcterms:title><![CDATA[Images relating to medieval St Andrews]]></dcterms:title>
    <dcterms:subject><![CDATA[Images of manuscripts, seals and other documents which relate to St Andrews]]></dcterms:subject>
    <dcterms:description><![CDATA[(From left to right) <br /><br />The Mace of the Faculty of Arts. See also:<br /> <a href="http://www.st-andrews.ac.uk/musa/see/starobjects/stsalvatorsmace/" target="_blank">http://www.st-andrews.ac.uk/musa/see/starobjects/stsalvatorsmace/</a> <br /><br />A seal depicting the cathedral <br /><br />The seal of the University of St Andrews <br /><br />The university seal matrix <br /><br />The Statutes of St Leonard's College:<br /> <a href="https://pacific.st-andrews.ac.uk/DServe/dserve.exe?dsqIni=Dserve.ini&amp;dsqApp=Archive&amp;dsqCmd=Show.tcl&amp;dsqDb=Catalog&amp;dsqPos=4&amp;dsqSearch=%28%28text%29%3D%27uysl165%27%29" target="_blank">https://pacific.st-andrews.ac.uk/DServe/dserve.exe?dsqIni=Dserve.ini&amp;dsqApp=Archive&amp;dsqCmd=Show.tcl&amp;dsqDb=Catalog&amp;dsqPos=4&amp;dsqSearch=%28%28text%29%3D%27uysl165%27%29</a> <br /><br />Summa Theologica of St Thomas Aquinas. Gifted to the town of St Andrews by the Blackfriars: <br /><a href="http://library.st-andrews.ac.uk/record=b1307346~S5" target="_blank">http://library.st-andrews.ac.uk/record=b1307346~S5</a>]]></dcterms:description>
</rdf:Description><rdf:Description rdf:about="http://openvirtualworlds.org/omeka/items/show/518">
    <dcterms:title><![CDATA[The Town of St Andrews and the Scottish Parliament]]></dcterms:title>
    <dcterms:subject><![CDATA[The following comprises records from RPS in which St Andrews is mentioned. It does not include records in which the bishop, archbishop or any other clerics based in St Andrews acted as witnesses, judges, notaries or ambassadors. It also does not include references to St Andrew himself.]]></dcterms:subject>
    <dcterms:description><![CDATA[‘The Records of the Parliaments of Scotland to 1707 (RPS) is a fully searchable database containing the proceedings of the Scottish parliament from the first surviving act of 1235 to the union of 1707. The culmination of over ten years’ work by researchers from the Scottish Parliament Project based in the School of History at the University of St Andrews, the online edition seeks to make this key historical source freely available to all in a technologically advanced and user-friendly format.<br />
The inclusion of new parliaments and conventions of estates, committee records, parliamentary minutes and additional material makes the online edition the most comprehensive record of Scottish parliamentary proceedings ever available. All the sources which make up the proceedings of the pre-1707 Scottish parliament are fully cited and an extensive editorial apparatus included, enabling for the first time a proper understanding of the many and varied sources which make up Scotland’s parliamentary record. A parallel translation of the original Latin, French and Scots text into English and the standardisation of place and personal names, where identifiable, enables keyword searches on an infinite number of subjects, with direct links from the modern translation to the original manuscript record.’<br />
<br />
All entries can be found at http://www.rps.ac.uk/<br />
]]></dcterms:description>
    <dcterms:creator><![CDATA[K.M. Brown et al eds. (St Andrews, 2007-2015).]]></dcterms:creator>
    <dcterms:source><![CDATA[[A1304/1]<br />
Proceeding: summons to parliament<br />
The king to Sir Nicholas de la Hay, greeting. We command you, strictly enjoining you, by the faith which you owe us, to be at our parliament in the town of St Andrews this next Monday in mid-Lent, by all means.<br />
Wemyss, 5 March [1304] <br />
[1309/1]<br />
Letters: by the magnates of Scotland to Philip IV, king of France<br />
To the most Christian and triumphant prince and reverend lord the lord Philip [IV] by the grace of God illustrious king of the French, William, earl of Ross, Malcolm, earl of Lennox, William, [earl of Suther]land, and the communities of the earldoms of Fife, Menteith, Mar, Buchan and Caithness, the heirs of which are in ward, likewise the communities of all the other earldoms of the kingdom of Scotland [except] [D]unbar; Edward de Bruce, lord of Galloway, James the steward of Scotland, Alexander de Argyll, Donald de Islay, John de Menteith, Hugh, the son and heir of the earl [of Ross], Gilbert de Hay, constable of Scotland, Robert de Keith, marischal of Scotland, Thomas Randolph, lord of Nithsdale, James, lord of Douglas, Alexander de Lindsay, Alexander de [Fraser], [William] Wiseman, David de Barclay, Robert Boyd, barons; and also all of Argyll and the Hebrides and the inhabitants of all the kingdom of Scotland recognising the fealty of the lord Robert by the grace of God king of Scotland, all [... ... ....] Your credence having been revealed to us in writing, and having been fully understood [by us], in the full parliament of our lord the king solemnly held not long ago at the city of St Andrews, impressed upon our minds the joyfulness of [your] devot[ion] [... ... ....] For we conclude that your majesty’s mind is devoutly disposed to take on the business of the Holy Land, to prosecute which all followers of the Christian faith justly ought to strive and with humble devotion incline their hearts [... ... ...,] we saw that it was contained [in your letter] that your royal grace considers and calls to mind the treaties between the kingdoms of France and Scotland, made long ago and confirmed; also the losses, harms and injuries which the inhabitants of the kingdom [... ... ...] have suffered in many ways hitherto. The particular and special affection which, in that credence, you say you have towards the person of our lord Robert by the grace of God king [of Scots ... ...] [whom] justice and truth and the grace of the King of Kings has raised up as our prince and leader, cheers our hearts above all else. We therefore noting, with heartfelt feelings, the aforesaid, as we are bound in duty to do [... ... ...] [?commend] your right royal devotion towards the business of the Holy Land, and for the affection which you have towards our lord the king, and we return thanks as best we can to your majesty for restoring the liberties and rights of the kingdom of Scotland, praying to God that ‘by the bowels of mercy of Jesus Christ’ that you may bring to fulfilment the devout purpose which you have conceived in your mind, trough our Lord’s inspiration in relation to the aforesaid, with holy desire, and efficacious eagerness and a safe outcome. May your royal majesty deign to take note, with pious mind, that in the exaltation of Christian princes the name of Christ is extolled and the Catholic faith strengthened. If, therefore, the standing of our lord [the king whom] we say unanimously is [... ... ...], is exalted and the kingdom of Scotland returns to its former free condition, the tempests of war having been quelled and secure peace having been granted, then your royal highness will be able to have as supporters to achieve the end of your desire, the service of God, and to come to your help, not only our lord the king aforesaid, but also the inhabitants of his kingdom as best they are able. And as [evidence of] the aforesaid things [... ...] clearly these letters sealed by our seals were commanded to be sent patent to your highness. Written and given at the city of St Andrews in Scotland 16 March 1308 [1309] and in the third year of our lord King Robert’s [reign].<br />
•	[Named Tags and Seals]<br />
•	[Tag 1]<br />
•	The seal of William, earl of Ross<br />
•	William Wiseman; David de Barclay.<br />
•	[Tag 2]<br />
•	The seal of Malcolm, earl of Lennox.<br />
•	[Tag 3 blank]<br />
•	[Tag 4]<br />
•	The seal of James the steward of Scotland.<br />
•	[Tag 5]<br />
•	The seals of John de Menteith; Donald and Nigel Campbell, brothers.<br />
•	[Tag 6]<br />
•	The seal of Gilbert de Hay.<br />
•	[Tag 7]<br />
•	The seals of Robert de Keith; Edward de Keith.<br />
•	[Tag 8]<br />
•	The seal of Hugh de Ross.<br />
•	[Tag 9 missing]<br />
•	[Tag 10]<br />
•	The seal of Sir Thomas Randolph.<br />
•	The seal of Gillespie MacLauchlan.<br />
•	[Tag 11]<br />
•	The seal of William de.<br />
•	[Tag 12]<br />
•	The seal of Alexander Fraser.<br />
•	[Tag 13]<br />
•	The seal of Thomas Campbell.<br />
<br />
[1309/2]<br />
Letters: ‘The Declaration of the Clergy’<br />
To all Christ’s faithful to whose notice the present writing shall come, the bishops, abbots, priors and others of the clergy located in the kingdom of Scotland give greeting in the [name of] the author of salvation. Be it know to all of you that when an occasion of dispute arose between the lord John de Balliol, formerly king of Scotland established de facto by the king of England, and the late lord Robert de Bruce [earl of Carrick] grandfather of the present King Robert, namely which of them was nearer by right of blood to governing over the Scottish people, the faithful people without doubt always held, as it had understood and believed to be true from their ancestors and forefathers, that the said Lord Robert, the grandfather, was the true heir after the death of King Alexander [III] and his granddaughter, [Margaret,] daughter of the king of Norway, and [was] to be given preference before all others for the government of the kingdom. Yet, as the enemy of the human race sowed tares, by the various tricks and stratagems of rivals which would be long to narrate individually, the matter was turned in the opposite direction, by reason of which reversal and deprivation of the royal dignity grave harm has since occurred to the kingdom of Scotland and the inhabitants of the same, as experience of events, the mistress of circumstances often repeated hitherto, has manifestly revealed. Therefore, the common folk and people of the aforesaid kingdom of Scotland, worn out as it is by the stings of many tribulations, seeing that the said John had been captured and incarcerated by the king of England for various reasons, and, because his sins demanded this, had been deprived of people and kingdom, and the kingdom of Scotland had been betrayed and reduced to slavery by him, laid waste by a vast plundering, imbued by the anguish of constant sorrow, made desolate for the default of right governance, exposed to every danger and given to the occupier; and the people despoiled of their goods, tortured by war, made captive, bound and incarcerated, oppressed, overthrown and enslaved by the slaughter of immeasurable innocents and by continual burnings, and near to perpetual ruin unless speedy repair should be brought by divine counsel concerning such a disfigured and desolated kingdom and its governance; by the providence of the King most high under whose authority kings rule and princes govern, unable to bear any longer such numerous, great [and] heavy injuries, more bitter than death, often befalling their affairs and bodies for default of a captain and faithful leader, they agreed on the said Lord Robert, the present king, in whom the rights of his father and grandfather to the aforesaid kingdom still reside and thrive incorrupted in the judgement of the people, by authority of the Lord. And by the knowledge and consent of the same people he was received as king so he might restore the defects of the kingdom and correct things needing to be corrected, and might steer those that lacked guidance. And by their authority the aforesaid king of Scots was solemnly endowed with the kingdom, with whom the faithful people of the kingdom wish to live and die as with he who, by the right of blood and the other cardinal virtues, is fit, [as] aforesaid, to govern, and is worthy of the name of king and the honour of the kingdom, because, by the grace of the Saviour, he has repaired such a damaged and forsaken kingdom by repelling injury with the sword, just as many previous princes and kings of Scots repaired, gained and held the kingdom, formerly often forsaken, by the sword in former times, as is more plainly contained in the magnificent ancient records of the deeds of the Scots, and as the warlike efforts of the Picts against the Britons and the Scots against the Picts, [who were] driven out of the kingdom, with many others [who were] long ago forced to flee, conquered and expelled by the sword, manifestly bear witness. And if anyone, to the contrary, should claim right in the aforesaid kingdom by letters sealed in the past containing the consent of the people and common folk, you should know that all this arose de facto by force and violence which it was not then possible to resist, and amid numerous fears, tortures of bodies [and] various terrors which could well have disturbed the senses and minds of perfect men and destroyed steadfast people. Therefore we, the bishops, abbots, priors and other clergy, knowing the firm truth of the foregoing things from previous assessment, and heartily approving them, have made due fealties to the said lord Robert, our illustrious king of Scotland, and which we recognise and declare by the tenor of the present [letters] will be done to him and his heirs by our successors in the future. And in sign of the testimony and approval of all the aforesaid things, not compelled by force nor induced by deceit or by lapse of error, but by a pure, perpetual and spontaneous wish, we caused our seals to be appended to this writing. Given in the parliament held at St Andrews in Scotland on 17 March in the year of grace 1308 [1309].<br />
<br />
<br />
<br />
[1370/2/40]<br />
Enrolment between the bishop of St Andrews and the burgh of Cupar <br />
And because a great controversy had been moved between the lord [William de Landels], bishop of St Andrews, and his citizens and inhabitants of the city of St Andrews on the one part, and those who called themselves the guild brethren within the burgh of Cupar on the other, because the said persons of Cupar, claiming to be infeft by the king concerning the said guild, were unwilling to permit the men or inhabitants of the said city of St Andrews to hold a market in their town for selling wool, pells and hides and other things which, as they claimed, ought to pertain to their guild alone, the said lord bishop with his said men alleging the contrary; and asking our lord king time and again, and with great insistence, to see that what was right and proper should be done for them, our lord king himself assigned to both the said parties a day on which to compear in the present parliament to receive a decree concerning the said controversy. Wherefore on Saturday, the sixth day of parliament, the said lord bishop compearing with his advocates related that he was unjustly disturbed, harmed and perturbed by the burgesses of Cupar, who called themselves guild brethren, in his possession, which he and his predecessors had, by reason of the church of St Andrews, from a time from beyond memory, for carrying out merchandise through his men, namely of the city of St Andrews, for wool, hides and other such things to be sold in the market square of the burgh of Cupar. And they had influenced on him the aforesaid perturbation, disturbance and harm for a long period, and likewise after the king’s inhibition thereupon made to them duly and legally and publicly proclaimed; and this he confirmed by offering his pledge, by which he asked to be restored to his pristine possession and for amends to be made of the damage and harm having been inflicted on him and his, which damage and harm he assessed at the sum of 1,000 merks. And the burgesses of Cupar compearing there, namely Duncan de Balfour, calling himself an alderman, and three others, all the others being absent, denied [the case] plainly and simply [by claiming] the said lord bishop was not in such possession, but that they [were] from a long time ago. And it was asked of them both if they wished in their and the community’s name to gainsay the said pledge found by the said bishop against them, and they refused to do this, claiming themselves not to have a day or place then for the exhibition of any of their evidence. And thus the court having consulted decreed that the bishop ought to be restored to his possession, reparation to be made to him of the damage and harm which he shall justly be able to prove in the presence of the justiciar. And the justiciar was expressly given commands in that place that, on the day to be assigned to him in the king’s letters to be directed to him, he should make the burgesses of Cupar compear in his presence and make accusation of each of them on the king’s behalf, namely as much of those who were absent as the four previously named persons, assessing the king’s harm for the breaking of his inhibition proclaimed for each person at £100; and that the said four who compeared should immediately be placed under certain pledges and sureties and under certain penalties to compear in his presence at the said day and place to be assigned and to stand to law in that place; and that until then, concerning all these things, satisfaction should be done to the said lord bishop and his men of the wrongful damage and whatsoever harms inflicted upon them, as reason shall demand and the order of law shall dictate.<br />
<br />
[1370/2/41]<br />
Judicial proceeding: the presidents of parliament’s judgement in a dispute between St Andrews and Cupar<br />
In the parliament held at Perth on 7 February, the venerable father [William de Landels], the bishop of St Andrews, in his name and [in the name] of the city of St Andrews, and several of the citizens of the city of St Andrews, in their names and [in the names] of the other citizens of the same city, from one party, and Duncan Balfour, who calls himself alderman of Cupar, and three other burgesses of Cupar in Fife, calling themselves brothers of the guild within the said burgh, from the other, compearing in the said parliament, since after a substantial controversy has been moved and continued for a long time between the said parties, concerning the purchase of fleeces, pells and hides and other things which are known to pertain to the guild, within the said burgh of Cupar by the said citizens, our lord king, wishing finally to settle the said controversy, caused the said parties with due solemnity to be assembled and legitimately summoned to his said parliament, in order to have and receive full justice in that parliament concerning and upon the said controversy. The said lord bishop [compeared], accompanied by certain citizens of the city of St Andrews as his assistants, in his name and [the name] of his church, and of them and of the others [mentioned] above, and said that, although he and his predecessors and the said citizens had been and were freely in possession of a kind of right of buying fleeces, hides and pells, and the other things [mentioned above], however great, pertaining to the guild, within the said burgh of Cupar, by the citizens and inhabitants and other subordinate people of the same city, from a time beyond the existence in men’s memories of a different situation, the burgesses of Cupar, notwithstanding that for the part of the said lord our king it had been prohibited for them by public proclamation to in any way presume to disturb or disquiet the aforesaid bishop or the citizens of his city violently in the matter of the aforesaid right except by the way and form of common justice, have presumed to violently and de facto and rashly to disturb and disquiet this bishop and his citizens of his citizens of his said city and their servants and households in his same right of selling fleeces, hides, pells and the other things which [were mentioned] above, to the grave prejudice and harm of him and his church and his citizens. And this he, being in the same place, affirmed by his pledge, and asked that he and his said citizens to be restored [and] returned to the pristine possession of their right, if and in as much as they were rashly and de facto disturbed by the said burgesses of Cupar, and amends is to be made concerning the harm and injury inflicted upon him and his, which harm is assessed at the amount of 1,000 merks sterling, and moreover the same burgesses of Cupar are to have silence imposed on them that they should not presume to trouble him or his said citizens further concerning this otherwise than by the way and form of common justice. The said Duncan Balfour, calling himself alderman as above, and the other three burgesses, his assistants as aforementioned, denied similarly and expressly the pretended possession by the said bishop and citizens of St Andrews, asserting themselves and their fellow burgesses, brothers of the guild of Cupar, to have been and to be the solely and collectively in possession of the right to sell fleeces, pells and hides, and the other things which [were mentioned] above, for a great time past. And when they had been asked on the king’s behalf if the pledge against them was found by the bishop, the said alderman and burgesses would then wish to oppose [him] according to the laws and customs of the realm approved hitherto, [and] they have refused to do this, expressly claiming themselves not to be held for, etc, because they did not have a suitable day or place for showing their evidence to [enable them] to contradict the said pledge being thus found. Which things thus having been done and both parties having withdrawn, and diligent deliberation and negotiation having been had concerning this by the presidents of this parliament in the king’s presence and having been found in writs that the said pledge was not opposed by the said burgesses, the parties were recalled and returned to the presence of the king and of those who were presiding for giving justice in the said parliament. It was decreed by the presidents of the same parliament and adjudged by way of sentence that the bishop of St Andrews and his said citizens in the name which [is stated] above, are to be returned and restored and they returned and restored them in so far as it was in their power to the possession of the said right. And the adverse party was to be held and ought to be held to make satisfaction to them concerning the harm and injury which can be justly proved in the presence of the king’s justiciar at the day and place to be assigned to them by the said justiciar concerning this. And silence was imposed upon the said burgesses of Cupar by the same presidents of the parliament that they would not presume to trouble the said bishop or his said citizens further concerning this other than by the way and in the form of law and according to the laws of the kingdom approved hitherto. And the justiciar then being present and receiving mandate was commanded that at a certain place and day to be assigned to him by the king’s letters he should convoke and convene to that place in the presence of the burgesses of Cupar, whether being absent from the said parliament or the said four who were present in the same place, and that he should accuse each of them on the king’s behalf of violation of the king’s prohibition thus publicly proclaimed, as aforementioned, and of the presumptuous act attempted against his prohibition by them, assessing the harm and disparagement of the king against each of them concerning this at £100 sterling. It was also decreed by the same presidents of the parliament that the same justiciar [should require] certain and secure pledges from the same four burgesses of Cupar then present in the same place for compearing in his presence under certain penalties at the said day and place to be assigned as aforementioned and for standing to law in the same place, and that then the same justiciar should cause the said lord bishop and his men to be satisfied concerning whatsoever damages, injuries and harms inflicted on them as reason should demand and the order of justice should dictate.<br />
<br />
<br />
[1402/5/1]<br />
Letters: narrating the inquest into the death of David Stewart, duke of Rothesay and the role of Robert Stewart, duke of Albany, and Archibald Douglas, earl of Douglas<br />
Robert, by the grace of God king of Scots, to all to whose notice the present letters shall come, greeting. Whereas recently, our most beloved Robert [Stewart, 1st] duke of Albany, earl of Fife and Menteith, our brother german, and Archibald [Douglas, 4th] earl of Douglas and lord of Galloway, our son according to law by reason of our daughter who he took as wife, caused our very beloved firstborn son the late David [Stewart, 1st] duke of Rothesay and earl of Fife and Atholl, to be captured and personally arrested, and first to be guarded in St Andrews castle and then to be detained in keeping at Falkland, where, by divine providence and not otherwise, it is discerned that he departed from this life; they, compearing in our presence in our general council begun at Edinburgh on 16 May 1402 and continued for several days, and interrogated or accused upon this by our royal office of the capture, arrest, death as is expressed above etc., in this manner, confessing everything that followed thereafter, they set out in our presence the very causes that moved them to this action, which, as they asserted, constrained them [to act] for the public good, which we considered should not be imputed as a crime to the present persons and [are] outside the case; [then] when diligent enquiry had been made into this, when all and singular matters which should be considered in a case of this kind and which touch on this case had been considered and discussed by prior and mature consideration of our council, we consider as excused the aforementioned Robert, our brother german, and Archibald, our son according to the laws, and anyone who took part in this affair with them, that is any who arrested, detained, guarded, gave them advice, and all others who gave them counsel, help or support, or executed their order or command in any way whatsoever, and in our said council we openly and publicly declared, pronounced and determined definitively and by the tenor of this our present document declare, pronounce, and by this definitive sentence judge them and each of them to be innocent, harmless, blameless, quit, free and immune completely in all respects from the charge of lese majesty against us, or any other crime, misdemeanour, wrongdoing, rancour and offence which could be charged against them on the occasion of the aforesaid. And if we have conceived any indignation, anger, rancour or offence against them or any of then, or any person or people participating with or adhering to them in any way, we now annul, remove and wish those things to be considered as nothing in perpetuity, by our own volition, from a certain knowledge, and from the deliberation of our said council. Wherefore we strictly order and command all and singular our subjects, of whatever standing or condition they be, that they do not slander the said Robert and Archibald and their participants, accomplices or adherents in this deed, as aforesaid, by word or action, nor murmur against them in any way whereby their good reputation is hurt or any prejudice is generated, under all penalty which may be applicable hereafter in any way by law. Given under testimony of our great seal in our monastery of Holyrood at Edinburgh on 20 May 1402 in the thirteenth year of our reign.<br />
<br />
Legislation<br />
[1431/10/2]<br />
On which day, the twentieth day of the beforesaid month, for the resistance of the king&#039;s rebels in the north land and the costage to be made thereupon, it is fully consented by the three estates, ordained and concluded, that there be lifted and raised a contribution, that is to say in all lands of the realm where the yield of two pennies was raised, there now be ten pennies raised. And where the two pennies was not raised there now be raised twelve pennies of each pound. And that this contribution be taken through all the realm from all mails of lands and rents of holy kirk, as from temporal lord. No goods of lords or burgess excepted save the extent of the mails of the lords&#039; own demesnes held in their own hands, mails of burgess houses held within burghs inhabited by themselves, and with their own goods from which they take no mail, ridden horses and drawn oxen only excepted, from which no yield shall be raised. Moreover this contribution shall be taxed and raised with all speed possible, brought and delivered to the auditors of it, that is to say [John Hailes] abbot of Balmerino, [Walter Bower] abbot of Inchcolm, Sir John Scrimgeour, [and] John of Fife of Aberdeen, who shall begin their accounts on the next morning after the feast of the Purification of Our Lady [2 February] next to come at Perth, if the pestilence is not there, and at St Andrews if it is there. Which auditors shall put this contribution in a chest of four keys, of which keys each one of them shall have one. And that chest to remain in the castle of St Andrews under the keeping of [Henry Wardlaw] bishop [of St Andrews], and [James Haldenstone] prior [of St Andrews]. And in the case that peace is made in the meantime, this contribution shall remain under the same keeping in deposit for the common profit and use. Which done, the king commanded parliament to be continued to Monday 22 of the foresaid month.<br />
<br />
[1431/10/6]<br />
Letters: letter under the great seal narrating proceedings concerning a dispute between the city of St Andrews and the burgh of Cupar<br />
James, by the grace of God king of Scots, to all his good men to whom these present letters shall come, greeting. Know that in the month of October and on the sixth day of our parliament held at the burgh of Perth in the year written below [1431] in the presence of the deputies of the said parliament chosen and put in place for the determination and decision of causes and complaints, namely the venerable fathers and circumspect noblemen John [Bulloch] bishop of Ross, William [de Blair] abbot of Coupar Angus, Mr John MacGillhauch, provost of Lincluden, Nicholas de Atholl, doctor of decreets, precentor of Dunkeld, Walter de Haliburton, lord of Dirleton, Thomas de Somerville, lord of that Ilk, Herbert de Maxwell, lord of Caerlaverock, Robert de Lauder of Edrington, barons, William de Liberton, provost of the burgh of Edinburgh, John de Haddington, William de Blair and Thomas de Chalmers, burgesses, in the judicial investigation of the city of St Andrews and the burgh of Cupar, the commissioners, as formerly [summoned] by letters of summons from our chapel to compear in the said parliament, compeared with sufficient commissions for producing and showing all their rights and oaths, letters, writings, charters and evidences which either side were intending to use concerning the lawsuits, disagreements, debates and controversies pending and appearing upon the freedoms and boundaries of the city of St Andrews and the citizens of the same on the one part, and the burgh of Cupar and the burgesses of the same on the other part. The aforesaid parties, therefore, being personally present before the said deputies, and their commissions from both the aforesaid parties being displayed and read, the aforesaid commissioners of St Andrews proposed against the aforesaid commission pertaining to the commissioners of the burgh of Cupar [and] for it to be removed, because that commission, for certain causes and reasons alleged and imputed there, was insufficient and not to be admitted, but was entirely to be rejected. Which same commission the said deputies, after mature examination and deliberation, condemned as invalid and insufficient, and they considered and decreed it to be of no vigour, as a result of which the aforementioned commissioners of St Andrews begged the said commissioners of the burgh of Cupar to be condemned in their expenses. And thus, the cause having been continued to the following Monday in the state that it then was, the said commissioners of the burgh of St Andrews and the aforementioned [commissioners] of the burgh of Cupar compeared on that Monday in the presence of the deputies with sufficient commissions on both parts, and which were reputed and accepted as sufficient by the said deputies. And then immediately the oft-mentioned commissioners of the city of St Andrews produced many and diverse charters, evidences, letters, judgements, acts and other muniments of kings concerning the freedoms and boundaries of the said city, and all of the same being made and granted in judgement, and the aforementioned commissioners of the burgh of Cupar exhibited just one charter concerning their freedoms and boundaries for considering and exhibiting; and so the cause was continued until the ninth day of parliament. On which day, although as a result of certain causes moving us to stay proceedings in the said cause, we gave mandate to the said deputies [to do so], nevertheless on the following day, having more maturely and prudently deliberated and been advised, both by voice and also by a writing in our own hand on the back of a schedule of complaint exhibited to us by those commissioners of the city of St Andrews in full parliament, we gave mandate and gave our express precept to the said deputies to proceed further in the said cause. And afterwards on the tenth day of parliament, the oft-mentioned commissioners of the city of St Andrews compearing in court, the said commissioners of the burgh of Cupar, although they were newly summoned to compear then and having been legitimately called at present when they have compeared, entirely absented themselves. Which done, the aforementioned commissioners of the city of St Andrews, notwithstanding the absence of the said commissioners of the burgh of Cupar, begged urgently that the said deputies would proceed to a decision, determination and final decreet in the said cause according to the proofs and rights produced on both sides. And then the the lords deputies, after long and mature deliberations and the inspection and diligent examination of the rights produced on both sides, decreed, revealed and determined that the citizens of the city of St Andrews ought to remain with their ancient possessions, freedoms and boundaries according to the tenors of their charters and evidences, and accordingly as those charters and evidences concerning the said possessions, freedoms and boundaries from the gifts, foundations and infeftments of kings granted and made in past times more plainly contain, carry and bear witness. Given under the testimony of our great seal at the burgh of Perth on 27 October AD 1431 and the twenty-sixth year of our reign.<br />
<br />
[1432/10/1]<br />
Letters: great seal letter narrating the settlement of boundary disputes between the city of St Andrews and the burghs of Cupar and Crail<br />
James, by the grace of God king of Scots, to all his good men to whom these present letters shall come, greeting. Know that since a complaint of controversy and lawsuit was turned concerning the limits, borders and extents of the boundaries and freedoms between the citizens of the city of St Andrews on the one part and the burgesses of the burgh of Cupar on the other part, and had been pending undetermined and undecided for a long time before us and various people of our parliament, at length, in our parliament held at Perth on 10 October in the year written below [1432], in the presence of the deputies chosen by the said parliament for the determination and decision of causes and lawsuits (namely the venerable fathers in Christ John [de Hailes] abbot of Balmerino and Walter [Bower] abbot of Inchcolm, Mr John Scheves, doctor of decreets, official of St Andrews, Mr John MacGillhauch, provost of Lincluden collegiate church, Walter Haliburton of Dirleton, Robert Graham, Alexander Graham, John de St Michael, John de Lumsden, William de Liberton provost of the burgh of Edinburgh, Patrick Charters, provost of the burgh of Perth, and Thomas Chalmers, burgess of Aberdeen), the commissioners of the city of St Andrews compeared on the one part (namely William de Kinnaird and Thomas Arthurson with their advocates, namely Mr John de Scheves (which Mr John, because he was made partial in this cause, removed and subtracted himself from the said deputies) and John de Carmichael) and the commissioners of the burgh of Cupar on the other part (namely David de Balfour, Edward Yellowley, John de Jardine and Richard de Stricklaw) with their sufficient commissions thereupon admitted as approved by the said deputies, because the commissioners of the city of St Andrews, standing in the presence of the deputies, produced various charters of the kingdom concerning the ancient infeftment of the said city in certain limits, divisions, boundaries and freedoms contained in them, upon which formerly a matter of a complaint of controversy of this sort had been examined, considered, digested and fully determined, as was given and made clear by various acts of our said parliaments produced in the presence of the said deputies, which very acts, judgement and understanding of the said deputies were justly introduced and lawfully done, and therefore the limits, divisions, extents, bounds and freedoms of this sort ought to be kept according to the tenors of the said charters and acts of our parliaments made thereafter, furthermore, these limits, divisions, extents, bounds and freedoms are excepted in a new charter of infeftment made and granted by us to the said burgh of Cupar, wherefore it is put to the said deputies that the burgesses of Cupar ought to have silence imposed upon them concerning the foregoing, that they should not cause impediment henceforth to the citizens of the city of St Andrews, God forbid, either in the burgh of Cupar or elsewhere, from buying and selling and enjoying their freedoms in so far as the limits and bounds contained in their charters extend, maintain and purport, and that the burgesses of Cupar shall not proclaim, nor cause to be proclaimed, those who travel to the market of the city of St Andrews to buy and sell any goods in the same place in so far as the limits or bounds of the said city extend, maintain and purport. In addition, in so far as the controversies and complaints moved between the citizens of the said city of StAndrews, on the one part, and the burgesses of the burgh of Crail, on the other part, concerning their limits, extents, bounds and freedoms, the commissioners of the citizens of St Andrews written above compeared in the presence of the said deputies with their sufficient commission, and on the part of the burgh of Crail the commissioners written below compeared (namely Thomas Atkinson, John de Cramond and Alan de Spens), also having sufficient commission. And these commissioners of the city of St Andrews produced and showed their charters of all their aforesaid infeftments with certain bounds and freedoms, with the commissioners of the burgh of Crail also producing and showing their charter of King Robert [I] Bruce, with certain bounds and freedoms. And their liberties of this sort on both sides seen and examined, the said deputies [judged] that the citizens of the city of St Andrews ought to enjoy and possess their freedoms of buying and selling through the whole bounds contained in their charter, with all other liberties in which they are infeft within their bounds, and that nobody of the burgh of Crail shall influence those who use the market of the city of St Andrews or cause them to be disturbed in so far as the bounds of the aforesaid city extend; dismissing the freedom of indictment from the burgesses of the burgh of Crail for indicting all others within their bounds of Crail. Given under the testimony of our great seal at Perth, 10 October 1432 and the twenty-seventh year of our reign.<br />
<br />
<br />
<br />
[1473/7/36]<br />
Judicial Proceedings<br />
In the action and cause pursued by Master John Armorar, on the one part, against John of Learmonth, Robin Arthur and John of Carstairs, aldermen and bailies of St Andrews, on the other part, concerning the inordinate proceeding in the serving of a brieve of inquest purchased by Alison Crannoch as heir to the late Master Thomas Logie, her brother, regarding certain land and annuals lying in the city of St Andrews, and also against the persons who passed on the serving of the said brieve for their mistake and wrongful retouring of the same because they found the said Alison heir to the said Master Thomas, her brother, and not the said Master John, both the said parties being present themselves and through their procurators, and their reasons and allegations heard and understood, the lords auditors decree and deliver that the said alderman and bailies have not failed in the process or order of the serving of the said brieve, nor have the persons who passed on the serving of the same brieve erred or given a wrongful deliverance or retour thereupon.<br />
<br />
[1474/5/13]<br />
Judicial Proceedings<br />
13 May<br />
The lords auditors decree and deliver that John Jackson shall withdraw from and clear a tenement of land lying within the city of St Andrews on the east part of the tenement of George Akeman, to John of Carmichael, patron of the altar of St Michael, founded in the church of St Andrews, and to Sir Thomas Rait, chaplain of the same, that they may decide thereupon for the utility and profit of the said altar, and that the said John Jackson shall not administer it in the future, and ordain letters to be written hereupon, and both parties were present.<br />
<br />
[1479/3/30]<br />
Judicial Proceedings<br />
After noon<br />
In the action and cause pursued by Christian of Balfour, the spouse of the late William Bonar, against James Bonar, their son, regarding the wrongful withholding of a tenement and land lying within the city of St Andrews claimed by the said Christian to pertain to her through joint infeftment, both the said parties being present in person and through their procurators, and their rights, reasons, writs and allegations heard, seen and understood at length, the lords auditors decree and deliver that for all that they have seen as yet, the said Christian has a right to the said land and tenement and the right to enjoy and use the same according to the form of her joint infeftment shown and produced before the said lords, and ordain letters to be written to keep and maintain her in this.<br />
<br />
[1482/12/47]<br />
Judicial Proceedings<br />
The same day [12 December] in the afternoon<br />
In the action and cause pursued by John Walsh, citizen of St Andrews, against James of Lumsden for the wrongful withholding from him of an annual of 12 merks of the usual money owed to him for the lands of Burnturk for the past 19 years, as was alleged, and appointed by the decreets of the lords of council and of parliament, with the consent of both parties, that the said James should compear in person and testify and give his oath on the yearly payment of the said annual to the said John for the said 19 years according to the form of the said decreets, the said John being present through his procurators, and the said James often called but not compearing to testify and give his oath on the yearly payment of the said annual for the said 19 years as he was ordained [to do] by the said decreets given with his own consent, the lords auditors decree and deliver that the said James shall satisfy and pay the said John Walsh the said 19 years&#039; annual totalling 12 merks yearly, in default of his not compearing to testify and give his oath as is said, and ordain letters to be written to distrenzie him of his lands and goods for that.<br />
<br />
<br />
[1483/3/68]<br />
Judicial Proceedings<br />
In the action and cause pursued by John Walsh, citizen of St Andrews, on the one part, against John Oliphant of Kellie and Thomas Oliphant, his brother, for the spoliation and removal of a half chalder of wheat, one chalder of barley and 40 [...] of oats, from the teinds of the church of Kilrenny pertaining to the said John through tack from the abbot of Dryburgh, as is alleged, the said John Oliphant and Thomas, his brother, being lawfully and peremptorily summoned and often called but not compearing, the said John being present through his procurators, his reasons, allegations, proof and witnesses&#039; [depositions] taken in the said matter seen, heard and understood, the lords auditors decree and deliver that the said John Oliphant and Thomas, his brother, shall restore and return to the said John Walsh 5 bolls and 2 firlots of wheat, 14 bolls of barley, and 30 bolls of oats spulzied and taken by them from the said teinds as was clearly proven before the lords, and ordain that letters be written to distrenzie them of their lands and goods for this.<br />
<br />
[1483/3/136]<br />
Judicial Proceedings<br />
In the action and cause pursued by Robert Maitland of Queensberry, on the one part, against William of Douglas of Drumlanrig, on the other part, regarding the wrongful occupation of the lands of Tibbers claimed by the said Robert to be his lands and the ward of them given to him by [William Scheves], archbishop of St Andrews, tutor to the laird of Lethington, and similarly claimed by the said William to be given to him by the aforesaid archbishop through ward by the death of the late James of Douglas and as his lands, both the said parties being present and their evidence, reasons and allegations heard and understood, the lords of council decree and deliver that the said William of Douglas shall withdraw from and clear the said lands in favour of the said Robert to be used by him according to the form of the gift of the said archbishop, because the said late James had only the freehold of the said lands [at] the time of his death, and the fee of the same given from him, as was shown before the lords.<br />
<br />
[1483/3/159]<br />
Judicial Proceedings<br />
The lords auditors decree and deliver that William Laing [... to] Thomas Jackson&#039;, citizen of St Andrews, the sum of [...] by him to the said Thomas of the rest of a greater sum for certain silks and other merchandise, just as he is bound by his obligation shown and produced before the said lords, and ordain that letters be written to distrenzie him of his lands and goods for the said sum, and the said Thomas Jackson has admitted in the presence of the lords to defer the execution of this decreet until Whitsunday [18 May].<br />
<br />
[1488/10/73]<br />
Judicial proceedings: acts of the lords auditors of causes and complaints<br />
14 October<br />
In the presence of the lords the alderman of St Andrews and Andrew Kidd compeared as procurators for the community of St Andrews and protested that what had been done in the matter between them and the archdeacon of St Andrews at that time should not prejudice them regarding the lands of Pilmuir.<br />
<br />
[1488/10/82]<br />
Judicial Proceedings<br />
In the action and cause pursued by Master Alexander Inglis, archdeacon of St Andrews, on the one part, against William Wauch, provost of St Andrews, Andrew Kidd, Robert Arthur and Thomas Black, bailies of the said city, council and community of the same, on the other part, for the forceful ploughing up, manuring and sowing of a part of his lands of Strathtyrum and the common of the same, and making of dykes there, pertaining to him and his said archdeaconry, and for the damage and injuries sustained by him through it, both the said parties being present themselves and [through] their procurators, their rights, reasons, proof and witnesses taken in the said matter seen, heard and understood at length, the lords auditors decree and deliver that the said William [and the aforesaid] council, community and persons have done wrong in the manuring, cultivating and sowing of the said lands and common of Pilmuir, and making of the said dykes, and that the corn sown on the same pertains to the said archdeacon, and ordain them to desist and cease from it in the future, and that our sovereign lord&#039;s letters necessarily be directed for this, and that they shall content and pay the said archdeacon [for] the said corns, damage and injuries that he can prove he sustained through this, for the production of which [proof] the lords appoint 8 January next, with continuation of days, for him and ordain him to have letters to summon his witnesses, and both parties are summoned themselves and their procurators according to the act.<br />
And further, the lords auditors have ordained at the request of the said archdeacon of St Andrews that the testimonials taken between him and the citizens of St Andrews regarding the lands of Strathtyrum and the common between them called Pilmuir be published and their depositions [are] to be given in authenticated form, which follow:<br />
William [Scheves], archbishop of St Andrews testifies and says that he understands that in the past there was contention between the prior of St Andrews at the time and the archdeacon concerning these lands, and that it was finally decided by the then bishop of St Andrews that the archdeacon should have all the land from the brae of Strathtyrum to the sea, keeping the common pasture of it in Pilmuir for the citizens of St Andrews, and [he] also testifies that the said citizens have manured a part of the said lands and sown the same and made dykes on it, which was never done before, as he understands, but was always a common for the said archdeacon and citizens, and [he] says that he believes the archdeacon is wronged in that but he does not know the value of it.<br />
Master David Meldrum, official of St Andrews, testifies that the citizens of St Andrews have ploughed and broken the earth, made dykes and animal enclosures within the said lands of Pilmuir, where none were previously made as he believes, and that the said lands were used and held as common for the archdeacon and citizens and that there was a common road where the said enclosures are made, the quantity and value of what they have ploughed he does not know, and he believes the archdeacon to be injured by this.<br />
Master Robert Keith agrees with the official.<br />
Master Hugh Spens agrees with the official.<br />
Master John Liston, provost of St Salvator&#039;s College, agrees with the official.<br />
John Scheves testifies that the citizens of St Andrews have ploughed and broken the earth, made dykes and animal enclosures within the said lands of Pilmuir, where none was previously made, as he believes, and that the said lands were used and held as common for the archdeacon and citizens and that there was a common road where the said enclosures are made, the quantity and value of what they have ploughed he does not know, and he believes the archdeacon to be injured by this.<br />
Master Walter Drummond, rector of St Andrews, agrees with John Scheves.<br />
<br />
[1489/1/39]<br />
Judicial Proceedings<br />
Master John Liston, provost of St Salvator&#039;s College at St Andrews, compeared before the lords auditors and protested that what was done in the matter between the lady of Balcolmie and the said provost and canons of the said college, because the said canons were not called for their interest in the said matter<br />
<br />
[1491/4/59]<br />
Judicial Proceedings<br />
The action of proof appointed for David Balfour of Cariston to prove sufficiently that Isobel Lauder, lady of Balcolmie, would not give him sufficient power and procuratory to institute legal proceedings against [John Liston], provost, and the canons of St Salvator&#039;s College, beside the city of St Andrews, for the recovery by law of an annual of 20 merks, as is contained in the decreets and acts previously passed for that, is continued by the lords auditors until 18 May current, with continuation of days, in the same form and effect as it is now without prejudice of party. And because Alexander Spens, younger, [and] William Ramsay were summoned to have compeared and born loyal witness in this matter under the pain of imprisonment but would not compear, just as they were charged [to do], therefore they [are to] be charged to compear on the said day under the pain of rebellion, and both parties are summoned according to the act.<br />
<br />
[1491/4/62]<br />
Judicial Proceedings<br />
13 May<br />
The action and cause pursued by Elizabeth Lauder, lady of Balcomie, against Andrew Kidd, George Kenlochquhy [and] Robert Congalton, citizens of St Andrews, James Beinstoun, John Gourlay in Lamboletham, Master John Liston, provost of the church of St Salvator&#039;s College within the city of St Andrews, and canons of the same, and also against Sir James Goodlad, chaplain, that is to say, against the said Andrew, George, Robert, James and John for the wrongful spoliation, removal and withholding from her of 5 oxen, each price 30s, 3 cows, each priced 2 merks, a horse, priced 4 merks, from the said lands of Balcomie, pertaining to the said Isobel and taken by the said persons at the command of the said provost and canons for a certain annual claimed by them from the said lands, as was alleged, and the said provost, and canons and aforesaid chaplain for their interest, as is contained at greater length in the two summons made for that, is continued by the lords of council until 3 October next, with continuation of days, in the same form and effect as it is now, without prejudice of party. And because the said provost, canons and aforesaid chaplain allege that the heir of the late Alexander Leslie should warrant them the said annual, the lords auditors therefore ordain them to have letters to call their warrant on the said day, and all the parties are summoned themselves and their procurators according to the act.<br />
<br />
[1491/4/103]<br />
Judicial Proceedings<br />
The action of proof appointed for David Balfour of Cariston to prove sufficiently that Isobel Lauder, lady of Balcomie, would not give him sufficient power and procuratory to institute legal proceedings against [John Liston], provost, and the canons of St Salvator&#039;s College, beside the city of St Andrews, for the recovery, by law, of an annual of 20 merks, as is contained in the act and decreets previously passed for that, is continued by the lords auditors with the consent of party until 15 June next, with continuation of days, in the same form and effect as it is now without prejudice of party, and that the said laird of Carraldston has promised to produce such proof as he will use in the said matter without any longer delay or exception dilator, notwithstanding any general proclamation to be made in the meantime, and ordain him to have letters to summon his witnesses in the third form and the parties are summoned according to the act.<br />
<br />
[1492/2/31]<br />
Judicial Proceedings<br />
David Arnott, as procurator for Andrew Inglis, son of John Inglis, compeared before the lords auditors and protested that because the provost, canons and chaplains of St Salvator&#039;s College and their tenants caused him to be summoned to their suit and would not compear to pursue them, that therefore, etc<br />
<br />
[1492/2/51]<br />
Judicial Proceedings<br />
Robert Dolas compeared before the lords auditors and protested that because John Dolas, citizen of St Andrews, caused him to be summoned to his suit for certain actions, as is contained in the summons, and would not compear to pursue him, that therefore etc.<br />
<br />
[1492/2/62]<br />
Judicial proceedings<br />
18 February<br />
In the presence of [John Hepburn, prior of St Andrews], my lord privy seal, and [Richard Muirhead], dean of Glasgow, [John Liston], provost of St Salvator&#039;s College beside St Andrews, for himself and for the canons of the said college, constituted and made Master David Harvey and John Halkerston, jointly and separately, their procurators in the actions moved between the said provost and canons, on the one part, and Isobel Lauder, lady of Balcolmie, [...] Leslie, her son, and David Balfour of Cariston touching 20 merks of annual of the lands of Balcolmie etc.<br />
<br />
[1493/5/14]<br />
Judicial Proceedings<br />
Sir Thomas Morton, procurator for Isobel Barr, the widow of the late John of Barr, and James of Balcomie, now her spouse, and William Barr, her son, compeared before the lords auditors and protested that because Henry Balfour, citizen of St Andrews, caused them to be summoned to his suit for certain sums of money and a term of proof [was] appointed for him for that but [he] would not compear to pursue them or produce his said proof as he had taken it upon him [to do], he being often called for that, therefore he should not be heard in judgement against them in the said matter until he reimburses and pays their costs and expenses and they are summoned anew.<br />
<br />
[1494/11/60]<br />
Judicial Proceedings<br />
In the presence of the lords auditors John [Hepburn], prior of St Andrews protested that despite [the fact that] he answered for the relieving of William [Knollis], lord of St John of the sum of 400 merks at the hands of the laird of Corstorphine, that it should not prejudice him in the future as is he is a spiritual man.<br />
<br />
[1546/7/35]<br />
Legislation: tax to finance the siege of St Andrews Castle<br />
On the which day, in presence of [James Hamilton, earl of Arran], my lord governor, in the face of parliament, all the prelates and clergy being present and required by [George Gordon, earl of Huntly], my lord chancellor, in the name of my lord governor, for support in case it was thought expedient by the council and committers of the slaughter of [David Beaton], my lord cardinal [and archbishop of St Andrews] be forfeited and the castle of St Andrews should be besieged, consented to the tax of £3,000 monthly for the space of four months, and a further £3,000 monthly so long as my lord governor shall happen to remain at the said siege, if the siege lasts that long, and that the sum of £6,000 for the first two months be raised in this manner: all the prelates and kirkmen present in this town shall pay the two parts of their tax proportionally to the said sum of £6,000 in hand for payment of the footmen, and the rest of the prelates and kirkmen not present shall pay one half of their tax between now and St Giles Day [1 September] next to come, and the other half between then and 24 September next thereafter, and the payment of the third month to begin on 24 October, and payment of the fourth month to begin on 24 November, and so forth monthly as said is at the 24th day of each month during the space foresaid, so that the said money may be well ready in time for the furnishing of the said siege and ordering of such business as shall be found necessary thereto by my lord governor and lords of council.<br />
<br />
<br />
<br />
[1546/7/43]<br />
Legislation: private act<br />
On the which day the lords of the three estates of the realm sitting in plain parliament, understanding perfectly that James Hamilton, [master of Hamilton], eldest lawful son to [James Hamilton, earl of Arran], my lord governor and third person of the realm, is held in the castle of St Andrews by those that committed the cruel and treasonable slaughter of the late David [Beaton], archbishop of St Andrews, cardinal etc. and chancellor of Scotland, who are called by summons of treason for certain points contained in the same and to be forfeited in this present parliament, and will, in no way, let the said James, son to my lord governor, to liberty and freedom, and it is uncertain how they will dispose of him and whether they will let him to liberty or not; and because my said lord governor, preferring the honour and honesty of this realm to all particular affection of his son, is of mind to proceed and to do justice upon the committers of the said cruel and treasonable slaughter and other points contained in the said summons, and that his grace be not destitute of good consolation, discerns and ordains his second son, and failing him any other of his sons lawfully gotten or to be gotten of his body, which failing my lord governor&#039;s nearest and lawful male or female heir or heirs whatsoever, to have right and to succeed to all heritages, rights, as well of the crown, if any shall happen to fall, and discerns his said eldest son to have no right thereto but to be secluded therefrom so long as he happens to be in the hands of the said persons and in the hands of any enemies of this realm and until he and they that shall lawfully come of him be put to free liberty to pass and ride within this realm at their own free will and pleasure, providing always that the said James, eldest son to my said lord governor, and they that shall lawfully come of him being put to liberty as said is, they shall have free regress and ingress in and to all rights of succession as well of the crown as of others, likewise as the said James might have if he was now at freedom and liberty.<br />
<br />
]]></dcterms:source>
</rdf:Description><rdf:Description rdf:about="http://openvirtualworlds.org/omeka/items/show/516">
    <dcterms:title><![CDATA[The Church of St Andrews and the Scottish Parliament]]></dcterms:title>
    <dcterms:subject><![CDATA[The following comprises records from RPS in which St Andrews is mentioned. It does not include records in which the bishop, archbishop or any other clerics based in St Andrews acted as witnesses, judges, notaries or ambassadors. It also does not include references to St Andrew himself.]]></dcterms:subject>
    <dcterms:description><![CDATA[‘The Records of the Parliaments of Scotland to 1707 (RPS) is a fully searchable database containing the proceedings of the Scottish parliament from the first surviving act of 1235 to the union of 1707. The culmination of over ten years’ work by researchers from the Scottish Parliament Project based in the School of History at the University of St Andrews, the online edition seeks to make this key historical source freely available to all in a technologically advanced and user-friendly format.<br />
The inclusion of new parliaments and conventions of estates, committee records, parliamentary minutes and additional material makes the online edition the most comprehensive record of Scottish parliamentary proceedings ever available. All the sources which make up the proceedings of the pre-1707 Scottish parliament are fully cited and an extensive editorial apparatus included, enabling for the first time a proper understanding of the many and varied sources which make up Scotland’s parliamentary record. A parallel translation of the original Latin, French and Scots text into English and the standardisation of place and personal names, where identifiable, enables keyword searches on an infinite number of subjects, with direct links from the modern translation to the original manuscript record.’<br />
<br />
]]></dcterms:description>
    <dcterms:creator><![CDATA[K.M. Brown et al eds. (St Andrews, 2007-2015).<br />
<br />
All entries can be found at http://www.rps.ac.uk/]]></dcterms:creator>
    <dcterms:source><![CDATA[[A1321/7/1]<br />
Letters: patent of Agnes de Mordington recording the sale of Glanderstone in Garioch at parliament<br />
To all sons of holy mother church who shall see or hear the present writing, Agnes de Mordington, daughter and heiress of Sir Peter de Mordington, knight, greeting in the Saviour of all. All of you shall know that I, not by force, trickery or fear, but voluntarily, purely and simply, for me, my heirs and successors whomsoever, have sold to John, son of Adam Browning, and conveyed the title of the sale to him in person, all the land of Glanderstone in Garioch with all its pertinents, freedoms and profits whatsoever pertaining to the said land, or which may pertain in future in any way. Also [you should know] if, concerning the same, it was proper to make special mention for the 360 merks of good and legal sterling in coin paid into my hands, of which sum of money I quitclaim the said John by the present [letters] and renounce on this behalf, exception being made of money not counted and of any deceit which might be interposed. And for the faithful and inviolable observing of this, I gave a bodily oath into the hands of the venerable father the lord William de Lamberton, by the grace of God bishop of St Andrews, and notwithstanding I swore touching the holy Gospels in the presence of all the prelates assembled in council at Perth on 9 July 1321, that I hold my said sale to be established and valid in perpetuity for myself and my heirs and successors, and not to come against the same directly or indirectly by myself or through others in any way in future. And if it should occur that I, my heirs or successors oppose the aforesaid sale in any way de facto, since I shall not be able to do so de jure, I oblige myself, my heirs and successors to pay the said John, his heirs, successors and assignees £200 sterling before the same John, his heirs, successors or assignees are held to answer me, my heirs, successors or assignees, concerning the aforesaid lands in any way; and, notwithstanding, to pay £1,000 sterling both for the construction of the cathedral church of St Andrews and the cathedral church of Aberdeen. And that this my present sale and full transference of rights shall be firm and strong, I have renounced, resigned and surrendered, in full parliament held at Perth on the day and year stated above, into the hands of the most serene prince Lord Robert by the grace of God illustrious king of Scots, with rod and staff, all the aforesaid land of Glanderstone with each of its abovesaid pertinents. Wherefore, indeed, the lord king, both as king of Scotland and as heir of Sir Robert Bruce of good memory, the superior lord of the aforesaid tenement of Glanderstone, conferred the said land and tenement with its pertinents, as was said, upon the aforesaid John, his heirs and assignees, purely, simply and freely, and he infeft the same concerning the said land, and he invested him concerning the same. And for observing all [and] each of the foregoing without deceit, I oblige myself, my heirs, successors, assignees and executors, and all our goods, moveable and immoveable, wherever they shall be, notwithstanding anything to be proposed. And I, my heirs, successors and assignees shall guarantee and protect the aforesaid land with its pertinents in perpetuity for the aforesaid John, his heirs, successors and assignees. And I renounce by oath the plea of deceit, evil and error and the plea which can be brought of deception, beyond the means of just entreaty, procured or to be procured in episcopal, royal or papal letters, and all other remedy, both of canon and civil law, whereby the validity of the present [letters] can be annulled in any way. In testimony of which matter, in the presence of the aforesaid prelates, I appended my seal to the present letters. And because my seal is not sufficiently known, I have procured the seals of the venerable fathers the lords William de Lamberton, William de Sinclair, Henry Cheyne, John de Kinninmonth and Farquhar Bellejambe, by the grace of God bishops of St Andrews, Dunkeld, Aberdeen, Brechin and Caithness, and of the noble men the lords Gilbert de Hay, constable of Scotland, and Robert de Keith, marischal of the same, to be appended to the present [letters]. Given at Perth on 10 July 1321.<br />
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[1339/1]<br />
Letters: Robert the Steward to John Douglas, keeper of Loch Leven<br />
Robert the Steward of Scotland, lieutenant of our most serene prince the lord David, by the grace of God illustrious king of Scots, to master John de Douglas, keeper of Loch Leven castle, greeting. Because it was determined in full parliament at Perth on 24 October by the prelates and magnates of the kingdom that [John de Gowrie] prior [of St Andrews] and the convent of St Andrews should not be troubled by reason of a certain obligatory letter sealed by the common seal of the said prior’s chapter, by which he and the convent are obliged as sureties for a certain sum of money owed for garrisoning the said lake by the community of Fife, we order you on the behalf of the said lord our king and ourselves that henceforth you should not presume to trouble the said lords the prior and convent by reason of the said surety, and anything received from them up until now should be restored to the same without delay, nothing to be proposed withstanding. In testimony of which matter we ordered our seal to be appended to the present document. Given on the day and at the abovesaid place, in the year of our lord 1339.<br />
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[1366/7/18]<br />
The amount of taxation and of the true value of churches presented in the aforesaid parliament<br />
The bishoprics<br />
Galloway<br />
by the old assessment, £368 15s 6d<br />
by the true value, £143 20d<br />
Argyll<br />
by the old assessment, £281 6s 8d<br />
by the true value, £133 6s 8d<br />
Aberdeen<br />
by the old assessment, £1,492 4s 4d<br />
by the true value, £1,358 17s 8d<br />
Ross<br />
by the old assessment, £320 7s 11½d<br />
by the true value, £246 12s<br />
Dunblane<br />
by the old assessment, £607 13s 4d<br />
by the true value, £376 13s 4d. And £30 19s 4d from the bishop&#039;s lands.<br />
Brechin<br />
by the old assessment, £441 3s 4d<br />
by the true value, £321 16s 8d<br />
Moray<br />
by the old assessment, £1,418 11s<br />
by the true value, £559 8s 8d<br />
Caithness<br />
by the old assessment, £286 14s 10½d<br />
by the true value, £86 6s 8d<br />
Dunkeld<br />
by the old assessment, £1,206 5s 8d<br />
by the true value, £602 13s 4d<br />
Glasgow<br />
by the old assessment, £4,080 12s 2d, but now the old assessment is £3,239 for that place because many of the churches of the deaneries of Teviotdale and Eskdale are at the fealty of the king of England.<br />
by the true value, £2,028 10s 6½d excepting Annandale and the many churches of the said deaneries at the fealty as above.<br />
St Andrews<br />
by the old assessment, £5,414, but because many of the churches within the Merse are at the peace of the English king, the old assessment of the said bishopric is now £5,340 13s 4d by subtraction of so much as £73 6s 8d from the church of the Holy Trinity at Berwick.<br />
by the true value, £3,507 except the deanery of Merse which extends to approximately £120.<br />
Sum total of the assessment of the churches of all the bishoprics of Scotland except the bishopric of the Isles according to the old assessment, £15,000 56s<br />
Sum total of the true value of the same except as above, £9,396 6s 6d<br />
<br />
[A1371/1]<br />
Non-parliamentary record: account of the coronation of Robert II and the homage given to him by the prelates and magnates<br />
In the year 1371 after the incarnation of the Lord, on 26 March at Scone, Robert the Steward of Scotland, earl of Strathearn, nephew of the lord David [II] de Bruce of glorious memory, the illustrious king of Scots who recently died, was crowned and anointed as king by the reverend father in Christ the lord William de Landels, bishop of St Andrews. At which coronation and anointing, the lords prelates, earls and barons and all the nobles written below were present, with a great assembled multitude of people from all parts of the kingdom of Scotland.<br />
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[1416/1]<br />
Letters: transcription of Edward III&#039;s renunciation of claim to Scotland, 1 March 1328<br />
To all sons of the holy mother church to whom notice of the present letters shall come, Henry [Wardlaw], by divine compassion bishop of St Andrews, greeting in the eternal Lord. Know all of you that recently in our presence, sitting before a tribunal in the chapel next to the great bridge of the burgh of Perth in our diocese, the revered father in Christ Gilbert [Greenlaw], by the grace of God bishop of Aberdeen, chancellor of Scotland, appearing in the name and on behalf of the three estates of the kingdom of Scotland then assembled and holding the general council in the house of the Friars Preachers of the said burgh, produced certain letters of the late most renowned lord Edward [III], by the grace of God king of England of honourable memory, and exhibited and revealed their tenors to us, described below word for word. Which letters the same lord bishop and chancellor asked to be transcribed and copied and rendered in public and authentic form for future memory of the matter by our authority and ordinance, with the insertion of the decreet, lest through the absence of proof of the things contained in the same letters, our lord the king of Scotland who shall be for the time, and the kingdom and its inhabitants whomsoever, might be disturbed and troubled by the loss or destruction of the original letters. We therefore, to assist by evidences lest justice should perish if the truth were concealed, these letters having been seen, read and diligently inspected in our presence, word for word, by the notaries public written below, reputed to be true without suspicion, and with the originals having been examined and the seals appended to the same uninjured and genuine as is well evident, commanded and caused the aforesaid letters of the same lord bishop and chancellor&#039;s petition to be transcribed and copied, as far as is reasonable, by the notaries public written below, resolving by the tenor of the present [letters] that such a transcription or copy hereafter should be employed by all in all good faith, both in judgements and otherwise, as the original letters touched on already. Which things, all and singular, we inserted by our authority and decreet. The tenors of the letters are such.<br />
To all who shall inspect he present letters, Edward [III], by the grace of God king of England, lord of Ireland and duke of Aquitaine, eternal greeting in the Lord. Since we and several of our predecessors, kings of England, have attempted to obtain the right of ruling the lordship or superiority of the kingdom of Scotland, and from this has stirred the fearful division of the wars of England and Scotland which have long afflicted the kingdoms, paying attention to the killings, slaughters, crimes, destructions of churches and innumerable evils which, on occasion of these wars, were befalling the inhabitants of both kingdoms in many ways, and the good which would abound in both kingdoms being joined for mutual profit by the stability of perpetual peace, wishing the kingdom to be secure with greater protection against the noxious attempts of those wishing to rebel or attack it, we wish and grant by the present [letters] for us, our heirs and successors, with the common counsel, assent and consent of the prelates and nobles, earls and barons, and of the communities of our kingdom in our parliament, that the kingdom of Scotland shall remain in perpetuity, by its rightful marches as they were held and protected in the times of Alexander [III], king of Scotland of good memory, last deceased, with the magnificent prince the lord Robert [I], by the grace of God illustrious king of Scotland, our most beloved ally and friend, and his heirs and successors, divided in all ways from the kingdom of England, complete, free and at peace, in perpetuity, without any subjection, servitude, claim or demand. And if we or our ancestors have asked for any right in the kingdom of Scotland in any way from the aforementioned king of Scotland, his heirs or successors, we thoroughly and entirely renounce and demit them all for us, our heirs and successors; also the obligations, agreements and pacts entered into in whatsoever way by any kings or inhabitants, clerics or laymen of the same kingdom of Scotland with our predecessors at any time, upon the subjection of the kingdom of Scotland or the inhabitants of the same. And if any letters, charters, muniments or instruments should be discovered henceforth anywhere concerning the making of these sorts of obligations, agreements and pacts, they should be considered as in vain, useless, void and empty, and we wish [them] to be of no value or importance. And for observing all the foregoing fully, peacefully and faithfully, we have formerly given full power and special mandate by our letters patent to our beloved and faithful Henry de Percy, our kinsman, and William de la Zouche of Ashby, and either of them, for performing an oath on our soul. In testimony of which matter we have caused these our letters to be made patent. Given at York on 1 March in the second year of our reign [1328] by the king himself and the council in parliament.<br />
Item, Edward [III], by the grace of God king of England, lord of Ireland and duke of Aquitaine, to his beloved and faithful Henry de Percy and William de la Zouche of Ashby, greeting. Since by a charter or our letters patent we had granted to the magnificent prince Robert [I], king of Scots, that he should have the kingdom of Scotland by its rightful marches as they were held and protected in the times of Alexander [III], king of Scotland, last deceased of good memory, and we have renounced the right, if any, that we or [former kings] demanded in any way from the same lord king of Scots, we, being fully confident of your faithfulness and provident circumspection for strengthening and fortifying all and singular things contained in the said charter or letters by performing an oath on our soul, commit power and special mandate to you, and either of you, by the tenor of the present [letters]. And we make this clear to all and singular whom it concerns, or whom it may concern, by our present letters patent, strengthened by the reinforcement of our seal. Given at York on 1 March in the second year of our reign [1328] by the king himself and the council in parliament.<br />
Moreover the said letters were sealed by a great and round seal of white wax, on one side of which was the pattern of a throne in which was the image of the king sitting clothed as though in regal garments with a crown on the head and a sceptre in the right hand, and on either side of the throne a lily flower, and on the circumference were written in legible letters &#039;Edward by the grace of God king of England, lord of Ireland, duke of Aquitaine&#039;. Moreover on the other side of the seal was and image of the king in armour, sitting upon a horse, holding an unsheathed sword raised in his right hand, and upon his left shoulder was a shield on which were the images of three leopards† walking, and in the circumference was written in legible letters &#039;Edward by the grace of God king of England, lord of Ireland, duke of Aquitaine&#039;.<br />
In testimony of all and singular of which we ordered the present letters or instrument to be written and published by the notaries public written below, and we caused [it] to be reinforced by the appending of our seal. Given and enacted in the chapel written above on 17 March 1415 AD, ninth year of the indiction, twenty-second year of the pontificate of the most holy in Christ our father and lord by divine providence the Lord Pope Benedict XIII. Present the reverend fathers and lords in Christ by the grace of God lords William [Lauder] bishop of Glasgow, Henry [Leighton] bishop of Moray, Walter [Forrester] bishop of Brechin, Thomas [Buittle] bishop of Galloway, Finlay [Colinson] bishop of Dunblane. Alexander [Waghorn] bishop of Ross, and Alexander [Vaus] bishop of Caithness, by the grace of God William [de St Andrews] abbot of Dunfermline, Walter [Paniter] abbot of Arbroath, John [Hailes] abbot of Balmerino, William [Blair] abbot of Kinloss, John [Peebles] abbot of Culross and Patrick [Callander] abbot of Cambuskenneth, with many other witnesses specially called and invited to see and hear the aforementioned publication.<br />
And I, Richard de Craig, priest of St Andrews diocese, by imperial authority notary public from the mandate of my lord, the bishop of St Andrews, and by his pre-eminent authority, rendered the said instrument in public form, written by my hand, nothing added or taken away that might change or spoil the sense, and, in the presence of the judge and witnesses with the masters Patrick de Houston, canon of Glasgow, Richard Knight, parson of the church of Conveth, and the Sir Walter Rae, parson of the church of Garvald, notaries public, I listened diligently and faithfully with the original [as it was being] comprehended, and I saw these original letters and showed and read the witnesses, not spoiled, nor cancelled, nor destroyed or suspect in any of their parts, neither in the charter, nor in the writing, nor in the seal, and all and singular the other foregoing things, while they were done and enacted in this way, as set out before, in his presence and therefore here I have subscribed and appended my customary sign, asked and requested in surety and testimony of all the foregoing.<br />
And I, Richard Knight, clerk of St Andrews diocese, by imperial authority notary public, was present in their midst while all and singular the foregoing were done and enacted in this way, as stated above, before my aforementioned lord, the bishop of St Andrews, along with the aforenamed witnesses, and I saw and heard that these things were done, and with the notaries written below I have undertaken it to be published in the note and present public instrument written by another&#039;s hand by the mandate of the said lord bishop [...], and along with the appending of the seal of the said reverend father, [and] having been asked and requested I have signed it with my usual and customary sign and subscription, in testimony of all the foregoing.<br />
And I, Robert de Cairnie, clerk of St Andrews diocese, notary public by apostolic and imperial authority, was present in their midst while all and singular the foregoing were done and enacted in this way, as stated above, and before the aforesaid lord the bishop of StAndrews, along with the aforenamed witnesses, and I saw and heard that these things were done in this way as stated before, [and] along with the notaries written below I have published the present public instrument written by another&#039;s hand by the mandate of the aforesaid lord bishop, and therefore I have subscribed it here with my usual and customary sign and subscription by my own hand, asked and requested in testimony of all the foregoing, along with the reinforcement of the seal of the said reverend father, before the witnesses and notaries abovesaid in testimony of the truth of all and singular the foregoing.<br />
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<br />
[1466/26]<br />
Judicial Proceedings<br />
The action that exists between [David Ramsay], prior of St Andrews, on the one part, and Sir William Leslie, on the other part, touching the lands of Seggieden, is, by the consent of the said prior and of Sir Andrew Leslie, procurators to the said Sir William, continued by the lords auditors of complaints before our sovereign lord and his council where his highness happens to be until 26 January next, with continuation, and both the said parties consented that the lords of our sovereign lord&#039;s council shall have the full power of the parliament and of all other courts for deciding the said action.<br />
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[A1469/1]<br />
Legislation: confirmation of papal indult<br />
In our sovereign lord&#039;s parliament held and begun at Edinburgh on 20 November 1469, it is enacted and decreed by our sovereign lord and the three estates in the said parliament that, for as much as [Paul II], our holy father, the pope, and the see of Rome have granted a privilege and a perpetual indult to the prelates the bishops of St Andrews to confirm the persons who shall be chosen or postulated by convents to be abbots or priors within the diocese of St Andrews, and this indult and privilege is right honourable in itself and leads to the common profit of the realm and to our sovereign lord&#039;s lieges, that therefore the said indult and privilege shall be observed and kept by our sovereign lord, his successors, and lieges in the future without infringement or breaking of the same. And that no persons, his lieges or subjects of whatever estate, degree or order of our sovereign lord to which they belong act to the contrary of the said indult or privileges by any manner of means or ways in the future and purchase any abbacies or priories that will become vacant within the diocese of St Andrews in the future, pertaining to the confirmation of the said prelate bishop of St Andrews current at the time except through the said indult and privilege, or raise any commission against the persons now promoted or to be promoted, confirmed and to be confirmed by the said prelate bishop of St Andrews for the time under the pain of perpetual banishment and proscription from the realm and under all the highest pain of treason and crime of our sovereign lord&#039;s and his successor&#039;s injured majesty. And similarly it is ordained that no persons, lieges to our said sovereign lord, may purchase any benefice outside the realm which is from ancient use and custom and was ever observed and used to be presented, given or confirmed within the realm by the patrons or ordinaries of the diocese, or raise any commission thereupon under such similar pain and the incurring of the king&#039;s high indignation. And that the abbacies and priories within the said diocese of St Andrews, that is to say the priory of St Andrews, the abbacy of Kelso, the abbacy of Dunfermline, the abbacy of Arbroath, the abbacy of Holyroodhouse, the abbacy of Scone, the abbacy of Lindores, the abbacy of Cambuskenneth, the abbacy of Dryburgh, the abbacy of Balmerino, the abbacy of Coupar [Angus], the abbacy of Newbattle in the priory of Coldingham, the priory of Restenneth, the priory of Portmoak and all other prelacies and priories pertaining to the see of St Andrews by privilege, ancient custom or by the said indult, shall have this act and decreet of parliament with the said indult fully inserted under our sovereign lord&#039;s great seal, if it be required, in perpetual memory of the said constitution, act and deliverance of parliament for the conservation and keeping of the common good of our sovereign lord&#039;s realm and lieges. And that our sovereign lord and his successors, together with the three estates of his realm, shall by his royal authority defend the said privilege and indult as is said against all and sundry lieges who would do or attempt to do in contrary thereof in the future, and execute dutifully by pain of proscription and treason against the said persons attempting to the contrary of the said indult in the most rigorous fashion.<br />
<br />
[1471/5/45]<br />
Judicial Proceedings<br />
The cause between [William Cameron/John Wallace?], prior, and the convent of St Andrews against Alexander Leslie concerning the lands of Seggieden is continued until 8 July next, with continuation of days, in the same form as it is now, with the consent of procurators of both parties, and the lords of council will have the power of parliament for the determination of the said cause.<br />
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[1479/3/20]<br />
Transumpts and confirmations: of acts concerning the clergy and privileges of St Andrews<br />
On which a certain act of parliament was presented by the said most excellent prince the lord James III, our supreme lord the king, reinforced by his great seal, of which the tenor follows word for word, as follows: James, by the grace of God king of Scots, to all his good men to whom the present letters shall come, greeting. Know that in our parliament held at Edinburgh and begun on 20 November 1469 it was enacted, statue, decreed and delivered by our three estates in this form:<br />
In our sovereign lord&#039;s parliament held and begun at Edinburgh on 20 November 1469 it is enacted and decreed by our sovereign lord and the three estates in the said parliament that for as much as our holy father the pope and the see of Rome have granted a privilege and a perpetual licence to the prelate bishops of St Andrews to confirm the persons who shall be chosen or nominated by convents to be abbots or priors within the diocese of St Andrews, which licence and privilege is very honourable in itself and leads toward the common profit of the realm and of our sovereign lord&#039;s lieges, that therefore the said licence and privilege shall be observed and kept by our sovereign lord&#039;s successors and lieges in the future without transgression or the breaking of the same, and that no person, his lieges or subjects no matter whichever estate, degree or order they belong to, by any manner of means or ways in the future, act in contradiction to the said licence or privileges and purchase any abbeys or priories that become vacant in the future within the diocese of St Andrews pertaining to the confirmation of the said prelate bishop of St Andrews for the time, under the pain of perpetual banishment and proscription from the realm and under all the highest pain of treason and crime of our sovereign lord&#039;s hurt majesty and his successors. And similarly it is ordained that no persons who are lieges to our said sovereign lord purchase any benefice outwith the realm which is an old custom and habit and was always observed and used to be presented, given or confirmed within the realm by the patrons or ordinaries of the diocese, or raise any commission thereupon under such like pain and incurring of the king&#039;s high indignation. And that the abbeys and priories within the said diocese of St Andrews, that is to say the priory of St Andrews, the abbacy of Kelso, the abbacy of Dunfermline, the abbacy of Arbroath, the abbacy of Holyrood, the abbacy of Scone, the abbacy of Lindores, the abbacy of Cambuskenneth, the abbacy of Dryburgh, the abbacy of Balmerino, the abbacy of Coupar Angus, the abbacy of Newbattle, the priory of Newbattle, the priory of Coldingham, the priory of Restenneth, the priory of Portmoak, and all other prelacies and priories pertaining to the see of St Andrews by privilege, old use and custom, or by the said indult, shall have this act and statute of parliament with the said indult fully inserted under our sovereign lord&#039;s great seal, if it is required, for the perpetual memory of the said constitution, act and deliverance of parliament, in the conserving and keeping of the common good of our sovereign lord&#039;s realm and lieges. And that our sovereign lord and his successors, together with the three estates of his realm shall, by his royal authority, defend the said privilege and indult, as is said, against all and sundry, or his lieges, that would do or attempt to the contrary thereof in time to come, and execute dutifully the pains, proscription and treason against the said persons attempting to the contrary of the said indult in the most rigorous ways.<br />
Given and extracted from the register of acts by me Alexander Scott, clerk of the council of the king and depute of the venerable man Master David Guthrie of that Ilk, clerk of the rolls and register of our supreme lord the king, given under the seal of the office of the said master, and under my sign and subscription manual. Which act, statute and decree, and everything contained in the same, in all its points, articles, conditions, pains, measures and circumstances whatsoever, we approve, ratify and confirm for us, our heirs and successors, in all ways, by our authority and that of our said parliament, as before, in perpetuity, strictly forbidding that anyone presume to come against the said act, statute and decree in any way in future, under pains contained in the same. Given under our great seal at Edinburgh on 7 December 1469, and tenth year of our reign.<br />
Which act, statute and decree, and everything contained in the said act, statute and decree, in all its points, articles, conditions, measures and circumstances etc., under the pains contained therein, by all the best means etc., our same most excellent lord the king, with the consent and express assent of the three estates of the realm there present, approved, ratified and, for himself and his successors - with his royal authority, and the authority of parliament of the aforesaid three estates of the realm - confirmed in perpetuity; and ordained that letters under his great seal in the customary form of chancellery be given to to the metropolitan church of St Andrews and the most reverend father William [Scheves], archbishop of St Andrews and his successors, and the other abbots and priors abovewritten.<br />
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Letters: confirmation of charters to William Scheves and diocese of St Andrews<br />
[1479/10/9]<br />
The same day our aforesaid sovereign lord, with the consent of his three estates being present there, confirmed, ratified and approved all gifts, donations, grants, privileges, liberties and freedoms granted and given for all lands, churches, privileges and freedom previously given by his predecessors or any of them at any time in the past to the see of St Andrews to the most reverend father in God William [Scheves], archbishop of the metropolitan see of St Andrews, and further our aforesaid sovereign lord ratified, approved and confirmed all unions and annexations of any benefices made by our holy father the pope to the said metropolitan see in favour of the said see, and ordained letters under the great seal to be given thereupon to the said William, archbishop, and his successors in due form from the chancellery.<br />
[1479/10/10]<br />
And then immediately rose Dean Walter Davidson, prior of Pittenweem, and protested that the said grant of our sovereign lord should be no prejudice to him or his said priory of Pittenweem for his time, which the said most reverend father William [Scheves], archbishop of St Andrews, present there, agreed that the said unions or annexations should not prejudice the said priory of Pittenweem or any other being in any benefice or annexed as is said for their times.<br />
[1479/10/11]<br />
James, by the grace of God king of Scots, to all good men of all his land, clergy and laymen, greeting. Know that, whereas previously - being in our perfect and lawful age, in our full parliament held and begun at Edinburgh on 4 October 1479, with the consent and assent of the three estates of our realm gathered in our aforesaid parliament, in honour of almighty God and St Andrew the apostle, patron of our realm, and for the special favour we have for our same patron, also for the singular favour, zeal and love which we bear towards the reverend father in God William Scheves, archbishop of St Andrews, our intimately beloved counsellor, on account of his worthy, free and faithful services devoted to us in our tender age, and for a long time - on the seventh day of the said month of October, enthroned in the same parliament, we have confirmed, approved and ratified all and sundry of the infeudations, gifts and mortifications of all lands, annualrents and possessions, liberties and privileges, given and granted by us, or whomsoever of our predecessors, or by whatsoever devout persons, in the past to the see and church of St Andrews and its prelates; and all and sundry the charters and evidences of the same. And similarly with the consent and assent of the said three estates in our aforesaid parliament, we have given our consent, and have approved, ratified, and confirmed all annexations, unions and gifts given in the past by our most holy father the pope, and by us and our predecessors, or by whomsoever other persons, of whatsoever lands, rents, possessions, regalities, royalties, churches, benefices religious or otherwise, and of all indults, liberties and privileges given and granted to the said see and prelates of St Andrews, and especially the indult granted and given by our late most holy father Pope Nicholas V to the reverend father in Christ James Kennedy, bishop of St Andrews, or to his successors and predecessors and to the see of St Andrews, concerning the confirmation of all abbacies and offices of prior, and abbots and priors, within the diocese of St Andrews, and the other privileges specified in the bull of the said most holy father pope Nicholas; and all other indults, liberties and privileges given and granted by our most holy father, the present pope, Sixtus IV, to the said most reverend father in Christ archbishop William, and to the metropolitan see of St Andrews. All and sundry which aforesaid gifts, infeudations and grants we have approved, ratified, mortified and confirmed, and by the presents approve, ratify, mortify and confirm, for ourself and our our successors, with the advice and consent of the three estates of our realm in our aforesaid parliament, for the reasons stated above, to the said most reverend father in Christ archbishop William, and to the metropolitan see of St Andrews, and to his successors the archbishops of St Andrews and metropolitans, perpetually. Having and holding all and sundry the lands, annuals, rents, possessions, liberties, privileges, regalities, royalties, annexations, unions, churches, benefices and indults and aforesaid concessions to the aforesaid most reverend father in Christ archbishop William, and to his successors the archbishops of St Andrews and metropolitans, in pure property as perpetual mortmain; and that as freely, tranquilly, fully, wholly, well and in peace, in and by all things, without any reservation or contradiction by us or whomsoever of our successors, as the charters, bulls, acts and evidences made thereon purport and testify, notwithstanding whatsoever inhibitions made or to be made in future by acts or statutes of parliament contrary to the aforesaid gifts and confirmations. Reserving to ourself and our successors only the offering of the devout prayers of the said archbishop of the see and metropolitan church of St Andrews and his successors. In witness whereof we have ordered our great seal to be affixed to the present charter of confirmation and mortification. And in more evident witness of the foregoing, the seals of diverse reverend and venerable fathers in Christ the bishops, abbots [and] priors; and of our cousins, the earls, barons, freeholders, peers and commissioners of the burghs of our realm, gathered in our said parliament, have been appended. At Edinburgh, 9 July 1480, and in the 20th year of our reign.<br />
[1479/10/12]<br />
James, by the grace of God king of Scots, to all good men of all his land, clergy and laymen, greeting. Know that we have fully understood a certain charter of our late father - God rest his soul - under his great seal, to the church of St Andrews and the prelates thereof, with the advice, consent and deliberation of the three estates of our realm, made in the time of our late uncle, the reverend father in Christ James Kennedy, bishop of St Andrews, confirming all the lands and gifts earlier granted by our predecessors to the church and the bishops of St Andrews, and especially concerning the lands, rents, possessions, liberties and privileges below-written ([which charter], seen, read, inspected and diligently examined at our command, [was] sound, whole, not razed, not cancelled, nor suspect in any of its parts), in this form:<br />
James, by the grace of God king of Scots, to all good men of all his lands, clergy and laymen, greeting. Know that - in praise of God and to the glory of his blessed mother, and to the honour of all saints, and especially of the blessed Andrew, brother of the chief of the apostles [and] patron of our kingdom; and for the exaltation and solace of the church of St Andrews, and the comfort and especial support of its prelates, the bishops; and for the augmentation of divine worship, because of the birth of our eldest son within the place and chief messuage of our same patron, [a] fortunate [event], by the favour of divine clemency, pleasing and joyful to us and to our realm&#039;s inhabitants of both sexes, which, with God&#039;s favour, has also achieved the assured future and lineal succession of our royal majesty, and brought us most pleasing advancement in the world; and on account of the welcome offices rendered to us many times by the reverend father in Christ James Kennedy, bishop of St Andrews, our dearest cousin - we have, with the advice and the full and mature deliberation of the three estates of our realm, ratified, approved and, for ourself and our heirs and successors perpetually, confirmed all and sundry the gifts and grants hitherto made by our predecessors to the church of St Andrews and the bishop of the same church on and about the below-written lands, formerly given and granted by our predecessors to the said church and bishop in mere, free and special regality or royalty, namely the lands of St Nicholas of Kinkell, Kingask, Byrehills, Falside, Kylmonane, Kenlochquhy, Peekie, Bonnytown, Balkaithly, Dunino, Stravithie, Beley, Pittarthie, South Kinaldy, North Kinaldy, Gilmerton, Balrymonth, Easter Carngour, Lamboletham, Priorletham, Newgrange, Langraw, Balrymonth Wester, Kilrenny, Innergellie, Invary, Kilconquhar, Balbuthie, Pitcorthie, Muircambus, Aithernie, Letham, Balcormo, Baldastard, Balmain, Scoonie, Balbeth, Mountfleurie, Leven Bridge, Methil, le Hach, Torre, Crannoch, Cavill, Binns, Urwell, Lathockar, Muirton, Lathones, Radernie, Cameron, Feddinch, Cairns, Ballochin, Strathkinness, Wilkieston, Greigston, Drumcarro, Ladeddie, Kininmonth, Baldinnie, Ardhu, Claremont, Magask, Over Magask, Nether Clatto, Balgrise, Stration, Kincaple, Newton, Nydie Easter, Nydie Wester, Kinnaird, Kemback, Blebo, Myreton, Dairsie, Craigfoodie, Middlefoodie, Westerfoodie, Fingask, Burchle, Newmill, Ballas, Kilmany, Friarton, Kirkland of Leuchars, Forgan, Priouris Kynmuk, Le Chawmeris Kynmuk, Monimail, Lathane, Cunnoquhie, Muirton in Leuchars, Colluthie, Auchtermoonzie, Berelais, Carnie, Auchterutherstruther, Cragroyihill, Tarvit, Nether Tarvit, Gladney, Kirkforthar, Balmaken, Balmungy and Machrise. Moreover we have granted, and by the tenor of our present charter grant, to the said reverend father in Christ and his successors, the bishops of St Andrews, that in future they have, hold and possess their below-written lands in mere and special regality or royalty, namely the lands called Byschapis Schire, Mukart Schire, Scotscraig and the Ferry, Petcunty, Muirfield; and the lands of the priory of Pittenweem, namely Pittenweem, Little Anstruther, Falside, Lingo, Pittotar, Grang[muir] Bridge and Grangemuir lying within the sheriffdom of Fife, and the lands of Easter Rhynd and Wester Rhynd lying within the sheriffdom of Perth; which aforesaid lands by the tenor of this charter we annex, incorporate and unify perpetually to the aforesaid regality of St Andrews. Having and holding all and sundry the aforesaid lands, with pertinents, to the said reverend father in Christ James, bishop of St Andrews, and his successors, the bishops of the church of St Andrews, in one, mere, free and special regality or royalty, in perpetuity to be called the regality of St Andrews, with the four points or pleas appertaining to our royal crown, of us, our heirs and successors in fee and heritage perpetually, according to all their right, ancient and devised marches, as they lie in length and breadth, in woods, plains, muirs, marshes, roads, paths, waters, ponds, streams, meadows, grazings and pastures, mills, multures and their sequels, hawking, hunting, fishing, peat-muirs, turbaries, coal-mines, quarries, stone and lime, smithies, maltings, heath and broomlands, doves, dovecots, with common pasture, with courts and their issues, heriots, blood-wits and merchets of women, with justice and chamberlain ayres and escheats and issues, amercements and profits of the same, free forest and warren, with usual and customary parliament, and minting, with pit and gallows, sok, sak, toll, theame, infangthief, outfangthief, hamesucken, fees, forfeitures, wrack and wair; with tenants, tenandries and the services of freeholders; and also with all and sundry their liberties, profits, easements and just pertinents whatsoever, whether not named or named, appertaining, or in future, in whatsoever manner, coming justly to appertain, to free regality or royalty, by law or custom of our realm; and that as freely, tranquilly, fully, wholly, honourably, well and in peace, just as any regality or royalty within our realm is granted or given by us or whomsoever of our predecessors in the past, or may be given or granted in the future, in any way more freely, more tranquilly, more fully, more wholly or more honourably. Moreover we approve, ratify and confirm, for ourself, our heirs and successors in perpetuity, whatsoever other regalities [and] lands previously given and granted by our predecessors to the said church of St Andrews, and any manner of gifts and grants, regalities, customaries, liberties and privileges, in all and sundry their manner, form, points and articles, to the aforesaid church and abovementioned bishop. And we wish the aforesaid gift, grant, approval, ratification and confirmation to be observed inviolably in all and sundry the aforesaid things, notwithstanding whatsoever grants or letters made by us or our predecessors contrary to the present letters, or to be made in future. Furthermore we wish that in future the inhabitants, tenants or renters of the said bishop&#039;s lands dwelling between the waters of Forth and Tay, or his goods, are not attached or arrested to whatsoever justice or chamberlain ayres, or to whatsoever courts, for whatsoever trespass or offence, other than to the ayres and courts of the said bishop; and that the abovementioned tenants and inhabitants are in no way compelled by us, our heirs and successors, nor by whomsoever others our officers, to pay tallages, taxes, exactions or burdens, or any secular service, so that the tenants and inhabitants of the said lands are free in perpetuity from whatsoever burdens, aids, imprests, tallages, taxations and contributions imposed on the other by us, our heirs or our successors. And we wish that our present gifts, grants, approvals, ratifications and confirmations are not revoked by us, our heirs and successors, or in any manner attacked in future, but are more strongly enforced, strengthened and defended by us, our heirs and successors. Rendering the aforesaid bishop of St Andrews and his successors for the aforesaid regality nothing other than the offerings of devout prayers. Witnesses: the reverend fathers in Christ William [Turnbull], John [Winchester], Robert [Lauder] and George [Lauder], the bishops of Glasgow, Moray, Dunblane and Argyll; the venerable fathers in Christ William [Bonar], prior of St Andrews, Archibald [Crawford], abbot of Holyrood and Richard [Bothwell], abbot of Dunfermline; our dearest cousin George [Douglas], earl of Angus; William [Crichton], lord Crichton, our chancellor and much-loved cousin; our dear cousins John [Stewart], lord Lorn, William [Hay], lord Hay, constable of our realm, Patrick [Graham], lord Graham, Duncan [Campbell], lord Campbell, Alexander [Montgomery], lord Montgomery, William [Somerville], lord Somerville, George [Seton], lord Seton, George [Leslie], lord Leslie, John [Lindsay], lord Lindsay of the Byres, Andrew [Gray], lord Gray, master of our household; Masters John Arous, archdeacon of Glasgow, and George Shoreswood, parson of Culter, our clerk. At Edinburgh, 14 June 1452, and in the sixteenth year of our reign.<br />
This, our father&#039;s charter, in all its points and articles, conditions and modes, liberties and privileges and circumstances whatsoever, equally in form and effect in and by all things contained therein, with the advice and consent of the three estates of our realm in our parliament held at Edinburgh and begun on 4 October 1479 - in honour of almighty God and St Andrew the apostle, patron of our realm, and for the singular devotion which we have for our same patron, also for the singular favour, zeal and love which we bear towards the most reverend father in Christ William Scheves, archbishop of the metropolitan see of St Andrews, our intimately beloved counsellor, on account of his worthy, free and faithful services devoted to us in our tender age and for a long time - on the 7th day of the said month of October, enthroned in the same parliament, we have ratified, approved, and, for ourself and our successors, have perpetually confirmed and mortified, and by the presents ratify, approve, confirm and mortify, to the dear reverend father in Christ William Scheves, and to his successors the archbishops, and to the metropolitan church of St Andrews. And furthermore, with the advice and consent of the aforesaid three estates of our realm, for the reasons stated above, we have approved, ratified, mortified and confirmed, and by the tenor of the presents approve, ratify, mortify and confirm to the said most reverend father in Christ archbishop William, and to his successors and the metropolitan church of St Andrews perpetually, all and sundry the privileges, and all the liberties, charters, gifts, mortifications and infeudations, made and given by whomsoever of our predecessors to whomsoever of the predecessors of the same archbishop in all times past. Reserving to us and our successors, from the said archbishop of the see and metropolitan church of St Andrews, and his successors, only the offerings of devout prayers. In witness whereof we have ordered that our great seal be set to the present charter of mortification. And in more evident witness of the foregoing, the seals of diverse reverend and venerable fathers in Christ, the bishops, abbots and priors; and of our cousins, the earls, barons, freeholders, peers and commissioners of the burghs of our realm, gathered in our said parliament, have been appended. At Edinburgh, 9 July 1480, and in the 20th year of our reign.<br />
<br />
[A1482/3/5]<br />
Item, our sovereign lord and his three estates have in this present parliament approved, ratified and confirmed all the acts and statutes of parliament made previously touching the observation and keeping of the indult and privilege granted by our holy father the pope to the archbishop and see of St Andrews regarding the confirmation of election of abbots elect and postulates, which acts and pains contained in them shall also be extended to those who break them, who assist or aid, supply, finance or support it as on the principal. And also with extension of the same acts to all other places in the realm within the diocese that have been the custom, habit or possession of confirmation of elections, postulations of abbots, priors or priests in the past in the diocese. And similarly that all other privileges and indults previously given by our holy fathers the popes to our sovereign lord and his progenitors for the profit and value of their successors or people be similarly observed and kept in all points and articles contained in the same, in so far as shall be seen profitable to the good public of the realm and particularly by popes Celestine and Innocent to the kings of good mind William and Alexander, his progenitors, and that letters be written to our holy father the pope for this, and this to be extended by the cause as is contained in the act of parliament made thereupon previously.<br />
<br />
[1483/3/46]<br />
Judicial Proceedings<br />
In the action and cause pursued by the most reverend father in God William [Scheves], archbishop of St Andrews, on the one part, against Master James Balfour, chancellor of Brechin, and David Fotheringham, on the other part, regarding the wrongful withholding of the teinds, fruits and profits of the priory of Restenneth, and of the oxen, cows and corns of the same priory, and certain other goods, both the said parties being present themselves and their procurators, and their reasons, allegations, proof and witnesses taken in the said matter heard, seen and understood, the lords auditors decree and deliver that the said Master James Balfour and David Fotheringham shall restore and return to the said most reverend father the archbishop of St Andrews 42 chalders of oats and 8 chalders of barley, spulzied and taken by them from the mains of the priory of Restenneth, as was sufficiently proved before the lords, and as to the cattle, furnishings and other goods contained in the act previously given by the lords of council, the lords appoint 14 June next, with continuation of days, for the said most reverend father to prove the said goods were taken and their value and quantity, and ordain him to have letters to summon his witnesses and the party to hear them sworn.<br />
<br />
[1484/10/15]<br />
Judicial Proceedings<br />
The action and cause pursued by [Walter Monypenny], prior, and convent of St Andrews, on the one part, against David Monypenny of Kinkell, David Turnbull, David Dewar and George Broadfoot, on the other part, regarding the administering and conveying of the fermes, teinds, mails, profits and duties of the churches, lands and rents pertaining to the prior of St Andrews of next Whitsunday [22 May] and Martinmas [11 November] terms after the death of Dean William Cameron, prior of the same, and for the withholding from the said prior and convent of two silver basins, a ewer, a salt dish, a cover, two silver pieces totalling the sum of £160, and for the withholding and conveying of the household furnishings of the whole room and other office house of the said place with goods, jewels and ornaments pertaining to the said prior and convent totalling the sum of £100, as was alleged, is continued by the lords auditors until 14 January next, with continuation of days, with consent of party in the same form as it is now without prejudice of party, and both parties are summoned according to the act. And further, in the presence of the lords the said David Monypenny has promised and taken upon himself to cause [John Crambe], abbot of Scone to supersede and delay requesting payment of the sum of £100 owed to him by the said venerable father the prior of St Andrews until the said 14 January, despite [the fact] that the same sum should be paid at the next feast of the Nativity of our Lord [25 December], and if it is so that the session is not held but is continued on 14 January, the said David shall cause the request for the said sum of £100 [to] be superseded until the next session that [is] held or else shall pay the said sum of £100 himself, so that before the next session the said venerable father the prior shall be undisturbed for that sum.<br />
<br />
[1485/5/14]<br />
[…] the said commissioners shall show [Innocent VIII], our said holy father the pope, in the name of our sovereign lord, how his highness has written and made supplication many times both to our holy father and his predecessors for the promotion of his dear clerk and councillor Master Alexander Inglis, dean and [bishop-]elect of the bishopric of Dunkeld, to the bishopric of the same and do all their diligence possible for his said promotion; and also for the promotion of our sovereign lord&#039;s clerk and trusted councillor Master John Ireland, professor in theology, to the archdeanery of St Andrews, when it happens to fall vacant through the promotion of the said Master Alexander to the said bishopric of Dunkeld, and that they shall show and declare determinedly to our said holy father that our sovereign lord will not suffer Master George Brown or any others who have presumed to be promoted to the said bishopric of Dunkeld, in contradiction to our sovereign lord&#039;s intention, will and particular writing, to have any possession of the same. And that there be new special letters from our sovereign lord under the privy seal directed to our said holy father with the consent and decision of his three estates still as before for the promotion of the said Master Alexander and Master John as is said, and to retract and revoke the assumed promotion made to the said Master George. And further to make supplication to our holy father that as he has promoted reverend fathers Robert Blackadder to the bishopric of Glasgow, William Elphinstone to the bishopric of Aberdeen and John of Hepburn to the priory of St Andrews, who are satisfactory persons to our sovereign lord and of his special council and received and admitted by his highness to their temporalities, that therefore his holiness will defend them in [their promotions] if any persons would try to make trouble for them or may work against them.<br />
<br />
[1485/5/16]<br />
Also the said commissioners shall labour to get confirmation of all old privileges and indults previously granted to the see of St Andrews, with such other indults and privilege as may be obtained newly granted to the same see, for the honour and profit of our sovereign lord and the realm; and also that there be sought and obtained for all other bishoprics of the realm all indults that can be granted to the honour and profit of the seats and of our sovereign lord and the realm, as is said, providing always that no annexations nor unions be made to bishoprics or abbacies, pensions or commends in contradiction to the acts and statutes of parliament made previously.<br />
<br />
[1485/5/18]<br />
Also that there be letters of special supplication and request to [Innocent VIII], our holy father the pope, from our sovereign lord exhorting and praying his holiness to have consideration for the great trouble that has been made for the church of St Andrews and the great debt that the most reverend father William [Scheves], archbishop of the same, has already paid and is still owed to the chamber through the said trouble, and therefore to show him favour in the said debts, and also to grant him and his church such honourable privilege and indults as shall be shown and sought by him when he arrives at our said holy father&#039;s, and that the lords of the three estates write their letters of such similar supplication according to our sovereign lord&#039;s writing.<br />
<br />
[A1493/5/7]<br />
Item, regarding the indult, privilege and faculties granted by our holy father the pope in perpetuity for the sees of St Andrews and Glasgow, the bishops of the same sees and their successors, to confirm the elections of all abbacies within their diocese, as purported by the said bulls and faculties, and that the said abbacies confirmed by them shall not need provision from the court of Rome, it is decreed and ordained in this present parliament that the said indult, bull, privilege and faculties granted to the said sees to remain for perpetual memory be observed and kept in all things in the future, despite any alleged renunciation or resignation made in the court of Rome by any particular person, without the advice and decision of the king&#039;s highness and estates, since the said privileges were granted for the common good of the realm and the said sees and cannot be renounced or given up without the consent of the king and the three estates and the chapters of St Andrews and Glasgow. And similarly, all other privileges, indults and faculties granted to Glasgow and to all other bishoprics and prelacies of the realm be observed and kept that are for the public good of the realm. And that our sovereign lord allow none of his lieges to work or try against [this act].<br />
<br />
[A1493/5/8]<br />
Item, regarding the contention and plea now pending in the court of Rome between the [arch]bishops of St Andrews and Glasgow, the expense of which plea is an inestimable damage to the realm, for this reason it is thought expedient by the lords of the articles that the king&#039;s highness should write letters to both the said prelates exhorting and requesting them to leave their contentions, lawsuits and pleas against others now moved and pending between them in the court of Rome. And for the causes and motion of their plea, our sovereign lord shall cause to be seen and understood what is most profitable to be had and desired for the common good of the realm, and [he] shall send his letter to our holy father the pope conforming to it, just as shall be seen expedient by the king and his estates spiritual and temporal, and [he shall] command the party against to cease and to stop working against the thing which will be seen as profitable for the welfare and profit of the realm; with a warning to the said prelates that if they do not cease and leave the said pleas in the court of Rome and obey the plan and decision of our sovereign lord and his three estates, his highness will command and charge his lieges within his realm that none of them are to lend money or pay them fermes, rents or mails in order to sustain the said pleas and [thereby] exporting money from the realm. And similarly warning them that if any of them have in the past gone against the acts and statutes of this realm and the public good of the same, that he will have the one guilty of it become blamed, known and punished, as is fitting, according to the form and statutes of this realm.<br />
<br />
[1546/7/69]<br />
Judicial proceeding: sentence of forfeiture<br />
On the which day, in presence of [James Hamilton, earl of Arran], my lord governor, and the three estates of parliament, Thomas Hall, dempster of the same, after the reading of an act of parliament made on 14 August instant where his grace and the three estates, for certain considerations moving them, for the time superseded the doom given upon Norman Leslie, fiar of the earldom of Rothes, being convicted by the judgement of parliament for the cruel and odious slaughter of the late David [Beaton], archbishop of St Andrews, cardinal legate and chancellor of Scotland, and of the taking and withholding of the fortalice and castle of St Andrews, contained in a summons of treason raised against him, until this day, as at more length is contained in the same, who gave doom thereupon as follows hereafter: This court of parliament shows for law and I give for doom that the said Norman Leslie, fiar of Rothes, has committed and done treason in the cruel and treasonable slaughter of the late David, cardinal of St Andrews, cardinal legate and chancellor of Scotland, representing our sovereign lady&#039;s person, of his causing, command, assistance and ratihabition in the month of May last within his fortalice and castle of St Andrews, and in the treasonable taking and holding of the said castle and fortalice of his own authority, without the command or consent of our sovereign lady and her dearest tutor, and thereby has incurred the horrible crime of treason and lese-majesty according to the acts of parliament, and therefore decrees all his goods, moveable and unmoveable, lands and other gear pertaining to him to be forfeited and confiscated to our sovereign lady&#039;s use, to remain with her grace perpetually in property, and his person to have incurred the pains of treason and death. And this I give for doom.<br />
]]></dcterms:source>
</rdf:Description><rdf:Description rdf:about="http://openvirtualworlds.org/omeka/items/show/513">
    <dcterms:title><![CDATA[The Burgh Laws]]></dcterms:title>
    <dcterms:subject><![CDATA[The Leges Burgorum, translated by Ann Matheson (2011)]]></dcterms:subject>
    <dcterms:source><![CDATA[i. Concerning the King’s rents in burgh tenures<br />
In the first, it must be considered what the rent of our lord the king in burgh tenure is. Each man gives the king for his burgh tenure that he defends, for each square perch of land (c 25 metres  square) annually.<br />
<br />
ii. Concerning newly created burgesses<br />
Whoever is made a new burgess of our lord the king in the first shall swear loyalty to the king and to his baillies and to the community in which he has been made a burgess.<br />
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iii. Concerning taking strangers(upland men) into custody in the burgh<br />
Any burgess can take into custody strangers (upland men)  from beyond the market and outwith his home and without permission of the burgh grieve, but not if  the market fairs are held in the burgh and not if he is in the king’s army or indeed engaged in the custody of the castle.<br />
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iv. Poinding a burgess through another burgess<br />
A burgess cannot poind another burgess without the permission of the burgh grieve. <br />
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v. Concerning things loaned by a burgess to a stranger (upland man)<br />
If a burgess has loaned to men from outside the burgh, if the debtor concedes the debt, he shall yield it and if he negates the debt he shall do the right thing (before the lawholders of the burgh)<br />
<br />
vi. Concerning complaints in the burgh<br />
Cases that arise in the burgh shall be held and determined except those that are under the king’s crown. And all  quarrels that take place within the burgh must be ended within the burgh, except those that are under the king’s crown. Those that belong under the king’s crown must be registered and kept safe until the arrival of the Justice and then they shall be pleaded against and resolved in the burgess court before the Justice.<br />
<br />
vii. Concerning complaints outwith the burgh<br />
If a burgess is called concerning any complaint he shall not plead outside the burgh unless it is in default of court nor must he respond without a day or term specified unless he has earlier made a foolish response, with the exception of cases that fall to the king’s crown. And as far as those cases within the remit of the king are concerned, he must be judged by his equals  according to the laws and courts of the burgh.<br />
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viii. Concerning a complaint between a burgess and a merchant<br />
If a complaint is raised between a burgess and a merchant, it shall be ended within three tides of the sea.<br />
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ix. Concerning merchandise that arrives in ships<br />
All merchandise that comes across the sea in ships shall be brought to land, except salt  and herring that can be sold on the ship.<br />
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x. Concerning land owned for a year and a day<br />
Anyone who has held his land for a year and a day that he has bought legally through the witness of twelve neighbours in peace and without challenge – whoever challenges him after one year and one day and if he is in the same family and at the same stage of life and he has not made a claim within the said time, he will never be heard. But if he is within the age or outwith the jurisdiction he shall not lose his right  when he comes of age or is reinstated in the region of jurisdiction.<br />
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xi. Concerning a rural dweller from outwith the burgh<br />
If a rural person (rustic) from outwith the burgh has a burgagium (land rented in the town)he shall not be held for burgh rent in another place in the same burgh in which he has his rented land. If indeed that burgess challenges a burgess living in the burgh, the latter burgess shall defend himself against the rustic according to the law. But if a burgess that lives day and night in the burgh challenges that foresaid rustic about anything  from which battle might arise the rustic shall defend himself with battle against the burgess.<br />
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xii. Concerning the challenge of a burgess by a stranger (upland man)<br />
If any stranger (upland man) shall challenge a burgess on any matter, he cannot fight against the burgess but can defend himself through the law of the burgh unless it be through treason or for a reason from which he must defend himself in battle. Nor can the burgess fight against the stranger (mountain man) unless he first leaves the burgh.<br />
xiii. Concerning the battle of the burgess<br />
The king’s burgess can have a battle concerning the burgess of the abbot, the prior, the earl or th baron, but not the other way round.<br />
<br />
xiv. Concerning the freedom of a burgess’s son<br />
The son of a burgess, as long as he is at his father’s table will have the same freedom to sell and buy as his father has departs from his father’s table, he will not enjoy the freedom of the burgh unless he himself becomes a burgess.<br />
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xv. Concerning another man’s slave entering the burgh<br />
If the slave of any baron or soldier or anyone comes into the burgh and stays in his burgh tenure for one year and one day without challenging his masters or his baillie, he shall be free evermore as a burgess is and enjoy the freedom of that burgh.<br />
<br />
xvi. Concerning  the foreign merchant<br />
No foreign merchant can buy wool or hides or other merchandise either outside or within the burgh unless they are bought from burgesses.<br />
<br />
xvii. Concerning bloodwit and suchlike things<br />
And let it be known that within the burgh bloodwit will not be heard nor stokisdynt  nor market nor herezald   nor any such things.<br />
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xviii. Concerning ovens lawfully held <br />
Every burgess of the king may have an oven upon his own land but no one else other than the king’s burgess.<br />
<br />
xix. Concerning the forfeit of bread and ale <br />
If any man or woman in the burgh be in forfeit of bread or ale, no-one should admit them but the burgh grieves. If he/she fails twice, he/she shall be castigated for his/her forfeit. If he/she fails three times, justice shall be carried out upon him/her. If the burgh grieve fails to do justice on him/her, the body and personal property of the burgh grieve shall be in the king’s will.<br />
xx. Concerning the buying and dyeing of wool<br />
No one but a burgess can buy wool for dyeing or make or cut cloth.<br />
<br />
xxi. Concerning the disposal of lands of conquest<br />
Any burgess can give away or sell his lands of conquest and go wherever he wishes freely unless the lands are in dispute.<br />
<br />
xxii. Concerning a burgess who is too old to fight<br />
If any burgess be challenged to battle and excuses himself in his response, he shall not fight but through the oaths of eleven men like himself, he shall acquit himself.<br />
<br />
xxiii. Concerning the hereditary succession of a burgess who has died<br />
If the burgess has acquired land or lands in the burgh and has a son to inherit and has not assigned those lands to anyone before his death, his  son or daughter shall inherit the land the father had on the exact day he died with the reservation that his wife, for her whole life as long as she remains a widow, will hold the inner part of the house which is called the flett . But the heir will have the outer part of the house if he wishes to live there. And this I say, that the wife shall not have any other portion. But if she has another dowry  …she and the heir will enjoy the use of it.<br />
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xxiv. Concerning a burgess who has several wives<br />
If any burgess has two wives and has acquired many lands and has produced children with each wife, all the lands he possessed on the day he died, also heritage from conquests he has not assigned to anyone, those lands acquired at the time of the first wife will go to the son and heir of the first wife. In the same way, the lands acquired in the time of the second wife will go to the  son and heir of the second wife if they had not been assigned to anyone before his death.<br />
And the second wife will not remain in the house of the first heir after her husband has been dead for 40 days.<br />
<br />
xxv. Concerning dissent among foreign sailors<br />
If ships from different regions arrive in the king’s land of Scotland and dissent arises between such men within the king’s gate, the king’s baillies will hold right between them concerning any kind of quarrel any one of them would have with any other which has arisen in the lands of the king of Scotland. And if it shall fall that the challenger or defender has given his toll and done to the king’s land what he ought to do  and his ship be in the coast, he will pass by in peace  and one or the other shall seek his rights where he can.<br />
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xxvi. Concerning the accusation of theft by an uplandman<br />
If  a burgess is accused by and uplandman of theft found in his own house and in his possession and denies the theft as a free burgess against an uplandman and says he has no surety for it but had legally bought the object of contention in the burgh market he shall clear his name with the oaths of 12 of his neighbours and shall be acquiited of the accusation. And he shall swear he does not know when the door of the house of him from whom he bought that thing was closed or open.<br />
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xxvii. Concerning a new burgess having kirset<br />
Whoever is made a new burgess of a wasteland and has no hospitable lands, can have kirset for the first year and after the first year shall have land he can build on . If after that it has been laid waste by fire or battle and he has other lands he can build on, he can leave that land without building on it until he has the wherewithal to rebuild it save on all solid ground ( Scots translation is ‘where the kings farm’)<br />
<br />
xxviii. Concerning oath swearing on account of debt (owed to a burgess)<br />
A burgess may through his own voice put him to oath, whoever that man may be,  who has denied his debt to him. But if he is a knight who has denied  the debt, the knight can put forward his steward or his grieve with other free men to make the oath if the burgess has no witnesses on his own behalf.<br />
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xxix.  Concerning an oath between a burgess and an uplandman<br />
If any complaint arises between a burgess and an uplandman , from which an oath shall be made, the burgess shall clear him with six hands of burgesses against him and he against the burgess with as many of his like. And if one can prove against the other, through witnesses, it is necessary to have a party of burgesses and a party of uplandmen in the contract.<br />
<br />
xxx. Concerning how to conduct the swearing of witnesses<br />
let it be known that he who brings witnesses in any quarrel to prove a point does not himself have to swear but the witnesses shall swear that they are telling the truth and it will be expressed in their oath that they do not say it on account of hatred of one or love for another, but for the sake of speaking the truth. And then the challenge and answers must be recorded in the presence of witnesses so that they can hear what they shall swear before they swear in the witnessing.<br />
<br />
xxxi. What a burgess can say on his wife’s behalf<br />
Any married man can respond on behalf of his espoused wife and stand in judgement and do for her anything in court if she is accused of anything. And it must be upheld that in the burgh courts  Twertnay is used in defending right and wrong.<br />
<br />
xxxii. Concerning taking plunder from uplandmen <br />
Any burgess can poind item from outside the burgh  for his debt inside and outside of his house. And if it sits on his horse, he does not have to put it down from his horse. And if it was taken before that day or came to re-enter as poinded  before it was taken, it cannot be taken. But if any other man says it had been taken before that day he shall swear to that and have his plunder in peace. And it should be known that it is not necessary for a burgess to take any other pledge for his poind unless he wishes to.<br />
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xxxiii. Concerning obstacles of custody<br />
There are four obstacles to impounding in the burgh. That is, if his master was in the king’s army or was in the king’s castle to guard it for a space of 40 days, if he comes to the courts or if he comes to the burgh for the purpose of buying his lord’s food.<br />
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xxxiv.  Concerning the borrowing of impoundings from rural areas<br />
Let it be known that uplandmen can borrow their plundered (beasts) three times from week to week and then three days and no more. And if they (the uplandmen) , out of perverseness, do not want to borrow them and they die of hunger, the burgess shall make them drag it out, whether it be a horse or another beast, but he will not flay it  but hold it by the head and rump and afterwards impound another one.<br />
<br />
xxxv. Concerning those not permitted to be poinded<br />
No one can  capture a fisherman carrying a fish to be sold unless it is for the fish or the fisherman’s debt.  Nor those that bring wood or peats or for their own debts.<br />
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xxxvi. Concerning the annual rent of the brewers<br />
Whoever brews throughout the year will give the alderman 4 denarios; 2 denarios for half a year.<br />
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xxxvii.  Concerning the rents of tradesmen and merchants<br />
Every tradesman shall settle with the burgh grieve and give him a halfpenny each market day. A merchant with a covered booth in the market place on market day shall give a halfpenny  to the burgh grieve for custom. If the booth is not covered, he shall pay a farthing.<br />
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xxxviii.  Concerning oath-taking for breaking assize<br />
The burgh grieve may not put any man or woman under oath for breaking assize unless one has complained of another. And if he denies it and  the other man does not have witnesses, then he shall clear him according to burgh law, that is to say by the sixth hand  (?)<br />
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xxxix. Concerning the maximum forfeit in the burgh<br />
Let it be known that the burgh forfeit does not exceed  8 solidos  from those convicted in  a grievance  and judgements, but this is seldom taken.<br />
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xL.  Concerning the main courts throughout the year<br />
Be it known that there are three principal courts throughout the year where all burgesses should be present.  The first is after the Feast of St Michael. the second after the birth of Christ, the third after Easter. Any burgess who does not attend, without being legally excused whether he is sick or out of the country or at the fairs, if he was in the burgh, will pay 4 denarios in forfeit. This will be 8 solidos if he is a burgess living in the country because he does not have to come to any courts through the year except these principal ones.<br />
<br />
xLi. Concerning burgh tenure given in a free marriage<br />
If anyone receives burgh tenure in a free marriage with any woman and has a son or daughter with her and , for some reason, the wife dies and, after the mother’s death, if the son or daughter lives or dies the man will enjoy use of that burgh tenure all his days but cannot pledge (pawn) it or sell it. And if, on the same day the son and daughter are born , the mother and child die, then the man can enjoy the use of it all his life.  As long as the man has witness of twelve honest men or women neighbours that held the child scream or cry or yell. And so if he received many lands with his wife in marriage. If he has no child with his wife, the lands will go to his wife’s next heir.<br />
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xLii. Concerning land sold out of necessity (for reason of poverty)<br />
All men can legitimately give or sell land he has from conquest to whomever he wishes. But if forced by poverty to sell his property he shall at the three principal meetings offer that land to the nearest heirs. If the nearest heirs want to buy that land , they shall find for him necessities such as food and clothing just as they would for themselves. The clothing should be of one colour, grey or white. If they are unwilling to do this or have not the ability to do this, it will be lawful for him to sell the aforesaid lands as well as he can to another person. And if the heir is outwith the kingdom in a neighboring kingdom, he should wait for 11 days. If in another kingdom, he should wait for  two times 11 days and so on for farther kingdoms. If the heir is absent through illness for longer than the aforesaid term it will be lawful for the poor man to sell his lands where best he can.<br />
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xLiii. Concerning the challenge of land within the burgh<br />
If any burgess is challenged of his lands or tenement in the burgh, he does not have to respond to his adversary without the king&#039;s letters, unless he wishes to do so spontaneously. And he who is challenged can run to delays and  rational excuses once, twice and three times. And the fourth time he comes to warrant his excuses and respond to the baillies according to the law.<br />
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xLiv. No burgess can take custody of another burgess<br />
No burgess can take custody of another burgess within the king’s burgh, but he shall come to his house with the town beadle and set him a day at the first court for him to come to answer to him if he will not repay the debt. If he does not come on the set day, he will be in forfeit and he will be summoned to come to the next court to answer and so forth.<br />
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xLv. Concerning a challenge in pilgrimage<br />
Let it be known that if a man challenged for his land is in pilgrimage or in his errands in lands across the sea he will show his letters in court before the adversary and must wait until he comes home  unless he has stayed absent for fraudulent reasons. And if so, according to what is written earlier, he must wait for a period of 11 days.<br />
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xLvi. Concerning a castle and a burgess<br />
If any man from the castle  has wronged a burgess of the burgh, he shall consult the law outside the gates. If any burgess has wronged a man of the castle, he shall consult the law in the burgh about him.<br />
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xLvii. Concerning the organisation of  litigation in the burgh<br />
Let it be known that from fifteen days to fifteen days litigation operates in the burgh  for lands as well as for property and the arbitrator cannot, against the will of the man who seeks justice, set a day more than fifteen unless he ( the man seeking justice) wishes to or grants this or the arbitrator through the weakness of the court or the poverty of judgement prolongs the period.<br />
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xLviii. Concerning measures and weights<br />
Every burgess can have in his house a measure, a rocking stone and weight  to weigh his corn. And all measures and stones for weighing must be sealed with the burgh seal. And let it be known that anyone found with a false measure or weight will pay a forfeit.<br />
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xLix. Concerning him who wants to be a king’s burgess<br />
No man can become the king’s burgess unless he does service to the king as far as pertains to a perch of land at least.<br />
<br />
L. Concerning destruction by fire<br />
If fire moves from any man’s house and sets fire to the many neighbouring houses, no accusation or trouble should be inflicted on him more than he has since he is affected by enough grief and anxiety. Similarly it is for him who has burned down another man’s corn kiln, but he shall lose his service. If a man loans his kiln to anyone , and it burns, he to whom it is loaned is held to restore it.. But if he has hired it for pennies and it burns he is not held to make restitution in any way.<br />
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Li. Concerning the borrowing of a burgess outwith the burgh<br />
If a burgess is taken into custody outside his burgh for some debt or forfeit, his neighbours will go surety  for him at their own expense if he is taken within the sherrifdom. But if he is taken outwith the sherrifdom, they will go on the expenses of the man who is taken.<br />
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Lii. Concerning entering and leaving sold land<br />
Whoever sells his land or part of his land, he shall be in the house and shall leave and the other, who is the buyer, shall stand outside and enter.  And one shall give the alderman a penny on leaving the land and the other shall give him a penny on entering the land and taking possession. But if they make a change of land between them, each one of them will give two pennies.<br />
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Liii. Concerning legally taking property from a farm<br />
If a farmer will not pay you your maill (rent) at the end of the term, it is right lawful for you to take his property into your land within the house, without permission of the baillies.<br />
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Liv. Concerning a stranger distrained in the burgh<br />
If a stranger owes any debt to a burgess, it is lawful for the burgess to take his property wherever he finds him in the burgh. And let it be known that the stranger can at no time cast lots, cut or cavyll with any burgess about any kind of merchandise unless during the fairs when anyone may cast lots and cavyll.<br />
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Lv. Concerning goods lent to the baillies of the castle<br />
No burgess shall lend to the baillies of the castle through assize and law of the town except to the value of 40 denarii for their goods and that through the space of 40 days. And if within that 40 day term they have not paid back, he will not give them more unless the burgess wants to do so of his own free will.<br />
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Lvi. Concerning a burgess summoned to the king’s court.<br />
Whoever the burgess may be and he is challenged about some complaint in whatever fee he holds, he will come to the king’s court and offer a legal defence that  he will pay the correct penalty to the alderman in his own burgh court. But if he is summoned by a beadle before sufficient witnesses and does not come to the king’s court, the king’s baillie shall come to the warden of that fee and will take a full forfeit from him if he does not have the right defence. But if he comes to the king’s court and there gives a full response and makes no mention of his freedom or his lord’s fee, he will make full right in he king’s court.<br />
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Lvii. Concerning a burgess challenged and  not having surety<br />
If any burgess is challenged or blamed for any misdeed and cannot have burgh surety, the town burgesses can keep him in his own house in bonds for 15 days. After that, if he has no surety, his neighbours shall lead him to the king’s baillie and there he will be received by them and led to the home of the king’s beadle if the burgesses do not have a prison, and there he will be guarded from his challenges. Indeed the beadle shall find for him good strong bonds.<br />
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Lviii.Concerning a person in the burgh smitten with leprosy<br />
If anyone living or born in the king’s burgh is smitten with leprosy and if he has means through which he can be sustained and clothed, he will be put in the burgh hospital. And if has nothing of his own to live on, the town burgesses will make a collection among themselves by which they will sustain and clothe him up to the value of 20 shillings. Lepers may not enter the town, neither going from door to door nor passing through the town, but shall sit outside the town and there seek alms from those entering and leaving. Furthermore no man must offer shelter to any leper within the burgh  on payment of  a full fine.<br />
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Lix. The sale of bread or ale by baillies<br />
No alderman baillie nor beadle can make bread or ale to sell.<br />
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Lx. Concerning bakers and fish sellers<br />
Bakers who make bread for sale make white and grey bread according to the price and approval of the good men of the town as the time demands. And the baker will have to win from each chalder after, as it shall be seen by the good men of the town .  Also  no one who makes bread for sale  may hide it but will place it in his window or in the market where it will be sold to the general public.<br />
And he who has been convicted for not doing so will pay 8 shillings forfeit and the bread that was hidden will be given out to the poor.<br />
And the same goes for sellers of fish.<br />
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Lxi. Concerning the customs of ovens<br />
Whoever has his own oven shall hold in the furnace the customs of our lord the king after the approval of the good men of the town. To wit, that no one will have in his oven more than 4 servants  or a master , two servants and a hireling. The lord of the oven shall have each time for his oven a halfpenny (or bread), the master of the oven a halfpenny, the two servants one denarius and the hireling a farthing. And these men must be loyal and of good reputation and shall swear loyalty to the king and the town community.<br />
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Lxii. Concerning servants in the mill<br />
Whoever serve in the king’s mill or have it to farm shall not have servants in the mill without the approval of the good men of  town and those who are loyal with good reputation  will swear loyalty to the  king and to their masters and men who come to the mill. The multure  must be taken and saved for their masters. For men coming to the mill, for corn to be kept and the correct multure to be taken , for the location of the mill known as their realm – all of these must be loyally held by each one of them.<br />
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Lxiii. Concerning the office of maltster (brewer) and their forfeits<br />
Whatever woman wants to brew ale for sale shall brew for the whole year, according to the custom of the town. If she does not do this for a year and a day, she shall be suspended from her office. And if she makes ale . And if she makes approved ale for that time she will stand well. But if she makes bad ale and against the custom of the town and is convicted for this, she will give 8 shillings in forfeit or endure the justice of the town viz she will be placed upon the cookstool  and two parts of the ale will be given to the poor and the third part to the brothers of the hospital. <br />
The same judgement will be made for mead as for bad ale. And every brewster shall put a sign for beer outside her house at her window or above her door so that it is visible to all and sundry. If she does not do this, she will pay a fine of four denarios .<br />
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Lxiv. Concerning the office of fleshers (butchers)<br />
Whoever wants to sell meat shall sell good meat i.e. beef, mutton and pork and shall sell it after the approval of the good men of the town and shall place these in his window so that all who want to buy shall see them. Moreover, fleshers shall serve the burgesses in time of slaughter, that is to say from the Feast of St Martin up to Christmas, from the meat to be prepared and made ready in their larders. Further, if  bad meat is prepared, the flesher will return the damaged meat to him who owned the beasts. While fleshers serve the burgesses,  they shall eat at their table with their servants. And they shall have a halfpenny for one cow or ox, or for 5 sheep or for a pig.<br />
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Lxv. Concerning animals to be sold and slaughtered <br />
No one living outside the burgh of our lord the king shall buy beasts for slaughtering before the third beat (ie mid-morning) in winter and the first in summer. Moreover, the proper fleshers of the burgh shall buy beasts for the town’s use at any hour of the day. And no flesher shall slaughter or sell beasts at night, but in broad daylight and in his booth with the window open. And he who is convicted of doing otherwise shall pay a fine of 8 shillings.<br />
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Lxvi. Concerning hawkers<br />
Hawkers who buy and re-sell for profit shall not buy anything for re-selling before the third bell in winter and the first in summer. They shall neither buy nor  receive  wool worked or any colour but white, nor yarn, nor any suchlike items except during the time of the fairs. And if anyone is convicted on this he will pay a fine of 8 shillings and shall lose the items of this kind that he has purchased.<br />
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Lxvii. Concerning sellers in general in the burgh<br />
All sellers in general, i.e. sellers of ale, bread, meat or fish, shall sell to everyone, to those passing through as well as those entering and leaving and they shall not keep anything in their houses for the use of their household except to the value of 4 denarios for all that is left for anyone to buy. And anyone convicted of behaving otherwise shall be fined 8 shillings.<br />
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Lxviii. Concerning false weights or measures<br />
If anyone has knowingly given false weight or measure either in wool or in animal tallow or pig lard or any such items and is convicted for this, he will pay a fine of 8 shillings (and be subjected to the town’s judgement) . And then he will be chastised by the baillies of the burgh by being fined for the first second and third time. On the fourth time, he will be at the king’s mercy for his life and limb for such falsehood is a matter for the king and the burgh forfeit does not exceed 8 shillings. And in this case, the king’s fine is ten pounds so it is a matter for the king.<br />
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Lxix. Concerning the public crier consenting to falsity<br />
If the public crier in the king’s burgh consents to falsity or takes any reward for lowering or diminishing the town’s constitution and is thereby convicted he shall pay 8 shillings fine and shall be stripped of office and his hire and will nevermore be trusted.<br />
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Lxx. Concerning the election of burgh officials<br />
At the first court after the Feast of St Michael, the aldermen and baillies shall be chosen through the council of the good men of the town who are loyal and of good reputation. And they shall swear loyalty to the king and the burgesses. They shall also swear faithfully to maintain the customs of the town ( and they shall not make judgement on any man or woman) on account of anger or hatred or fear or love of anyone but through the stated counsel and law of the good men of the town. They shall also swear that neither for fear nor love nor hatred of anyone nor for blood relationship nor for loss of money, they shall spare to do justice to all men.<br />
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Lxxi. On choosing the criers in the burgh<br />
The criers shall be chosen communally by all the burgesses who are loyal and of good repute and they shall swear loyalty to the king and the burgh officials and the burgesses in full court.<br />
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Lxxii. Concerning forestallers in the burgh<br />
No one living in or outside the burgh shall be so bold on market day as to go out through the gates of the burgh to buy anything before it comes within the town gates. And whoever is convicted of this shall pay a fine of 8 shillings.<br />
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Lxxiii. Concerning fish brought for sale<br />
Anyone bringing fish into the town for sale shall not take it to any house but to the king’s market if he comes through the day. If he comes by night, he shall find a place to stay until morning and then, when the time comes, all of it untouched shall be brought to the king’s market and sold communally to those wishing to buy it. And no one can take it upon himself to buy fish at the sea or anywhere else for it to be resold in the king’s market. And anyone convicted of this shall pay a fine of 8 shillings. If any fisherman  is accustomed to come by night and steal fish for the sake of profit or ‘evil genius’  - if convicted, he shall pay a fine of 8 shillings.<br />
 Also no man who buys fish to be resold shall buy them or gut them before the  first hour in summer and before the third hour in winter. And if so convicted, he shall pay a fine of 8 shillings.<br />
<br />
Lxxiv. Concerning a burgess taken into custody for any misdeed<br />
If any burgess is arrested for any misdeed and is kept by his challengers within the burgh and says he has surety, he will be led by his challengers through the burgh to the house in which he says he has surety if he is taken captive by day. If he is taken by night with a cry he will be kept and guarded by his challengers and the town guards until the morning so that his nearby neighbours know why he was captured so that if he can have surety, he shall have it. If not,  he shall be led to the crier’s house and there guarded by his challengers if they do not have a prison, until he is permitted judgement.<br />
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Lxxv. Concerning the time of coming to litigation in the burgh<br />
Whoever ought to take right or do right in the burgh shall come to the litigation (sessions) in winter before the third hour and in summer before the first hour. And if he comes before judgements have been made, the appellant will call his appeal and the man who is challenged shall reply in the presence of the baillies and the worthy men of the town in full court. And after the appeal and response, lawful judgement shall be given in court. And if he does not come within their spoken terms, he shall lose his case on that day unless he has a lawful excuse.<br />
<br />
Lxxvi. Concerning challenges made by aldermen or baillies<br />
If the aldermen or the town criers have a challenge against any man or men they can not nor should they lead witnesses against them in any court or challenge but the defending party shall acquit himself lawfully.<br />
<br />
Lxxvii. Concerning the protection of pilgrims<br />
If any man has passed through the king’s burgh as a pilgrim, with the  permission of the church and his neighbours, to the holy land or to Saint James or to any other holy place on pilgrimage his house and household will be in the peace of our lord the king and of the burgh officials until God brings him home again.<br />
<br />
Lxxviii. Concerning a man challenged by many challenges<br />
If any man is challenged through another man by many challenges, he will not be held to respond in one day, unless he wants to. But he will be held to respond to sundry men concerning sundry challenges.<br />
<br />
Lxxix.  Concerning land put in pledge in the burgh<br />
If any man has land placed in pledge he can redeem it when he wishes, unless it was pledged for a fixed time. And when  that term is still running, his pledge can be offered to him at three court meetings. And if he does not want to redeem it, it shall be sold and the creditor will take his debt. And whatever remains shall be given to him who owed the debt.<br />
<br />
Lxxx. Concerning those who are within (under) age<br />
No one within age in the burgh may swear oath or bear witness or make answer, but his guardian or protector in whose custody he is can answer on his behalf and receive judgement after the custom of the burgh and the consideration of the worthy men of the town.<br />
<br />
Lxxxi. Concerning the manner of the burgh watch<br />
For every house in which a man lives who can watch with reason one will be held to watch for cause of danger who when the watchstaff does his rounds from door to door must come forth someone of man’s age who will go out with two weapons when the curfew rings and so shall watch wisely and carefully until dawn. And if anyone fails in this, he will pay 4 denarios, except for widows/single women.<br />
Lxxxii. Concerning the complaint of a man made blue and bloody<br />
If a man has made another man (black and) blue and bloody by beating him, the injured man must be heard first whether he comes first or not to make a complaint. And if they are both blue and bloody, he who complains first shall be heard first.<br />
<br />
Lxxxiii. Concerning those convicted of giving false witness<br />
Whoever is convicted of perjury or giving false witness shall never more be heard in  giving judgement or bearing witness.<br />
<br />
Lxxxiv. Concerning having pigs in the burgh<br />
No burgess living in the burgh  is allowed to keep pigs unless he has a keeper following them or feeds them  in a sty so that his neighbours do not incur damage.<br />
<br />
Lxxxv. Concerning  not putting up men arriving in the burgh<br />
No one living in the burgh ought to give hospitality to any arrival for more than one night unless he wants to become surety for him.<br />
<br />
Lxxxvi. Concerning establishing peace in the fairs<br />
This is the constitution of the peace of fairs in the king’s burgh on this half of the Forth, that is to say, after the peace of fairs has been proclaimed, no one will be captured nor attached in those fairs unless he has broken the peace of the fairs in coming to the fairs or indeed going back or in lingering in those fairs. Or unless he was the king’s outlaw or traitor or such an evil-doer whom the church’s grace ought not to defend. If any such evil-doer either breaks the peace of the fairs, he will be kept securely until the courts of the fairs. And then he shall stand and receive the judgement on that of which he was accused.<br />
<br />
Lxxxvii. Concerning stolen goods found in fairs<br />
If a man finds something in the fair which he says was snatched or stolen from him or lost, he ought to lead him with whom the thing is found to the baillies of the fair and before them he ought to name his master and where he has his house and to find a pledge, in the presence of the  baillies of the fair, from the challenger that on the 15th day after the fair he will have the thing that is challenged in a place which the baillies have nominated and there he shall stand to right to his challenger. And if he has no surety, the baillies ought to keep the item until he finds surety for the challenger or else until the courts of the fairs. And if the challenger then comes and finds surety as has been said then the thing will be given to him and the challenger can prosecute his quarrel. But if the challenged man does not come to the courts , the thing will be given to the challenger under good and secure oaths so that if anyone else comes and wants to speak, he shall , at the summoning of the baillies, bring the thing to the place where he got it in the same state as he found it or give the value of the thing if the thing is lost or deteriorated in his keeping and there to do what is just concerning it.<br />
<br />
Lxxxviii.  Concerning fugitives found in fairs<br />
If any man finds his bondman who has fled from him in the fair , during the peace of the fair he cannot chase or take him.<br />
<br />
Lxxxix. Concerning a burgess who has drawn another into making a pledge<br />
If a burgess draws another burgess into a pledge and the debtor dies and the heir does not have the wherewithal to pay his father’s debt excluding the lands which his father has left him he must use the lands as surety for 40 days. And within the 40 days he can offer the said lands at three head courts to his nearest relations and friends. But if they do not want to buy or acquire them, it is lawful in the pledge to sell the foresaid lands where best he can and repay the creditor and the debtor keeps what is left.<br />
<br />
xc. Concerning a burgess who owes debt<br />
If a burgess owes anyone a debt and at the term has not the wherewithal to pay it except for his lands,  the creditor shall keep these lands for a year and a day and within the year and a day offer these lands to his neighbours and friends. And if they do not want to buy or acquire them, the creditor can sell the lands wherever he wishes. And if there is anything left over, it will be given to the debtor.<br />
<br />
xci. Concerning fraudulent redemption of land sales<br />
If any burgess sells his land  for reason of necessity and it has been offered to his nearest relatives and they did not have the money to but it in the purchasing time and afterwards when he saw the said land looked after and productive then some man from among the aforesaid relatives comes and offers to buy it with money fraudulently borrowed, he ought not to be heard nor can he deal with the buyer again in any way.<br />
<br />
xcii. Concerning excuses in the burgh<br />
Be it known that no excuse is permitted in the burgh in any dispute about challenged land unless a man is proven to be ill by witnesses or he is in the king’s service or has travelled to the fairs.<br />
<br />
xciii. Concerning the shoemaker’s tanning<br />
No shoemaker tanner can buy hides for tanning at a higher price than that which has  horns and ears of equal length.<br />
<br />
xciv. Concerning the merchant guild<br />
No dyer or butcher or shoemaker can be in the merchant guild unless he swears to carry out his craft with his own hands but with servants under him.<br />
<br />
xcv. Concerning lands given for feu farm<br />
It is ordained that if any man gives his land in feu farm to another man, with a named farm saved for himself and his family and afterwards the feu farmer (to whom the land has been let) from necessity wants to sell the land, he who gave the said land to feu farm and his heirs shall have a greater right to buy that land than anyone else.<br />
<br />
xcvi. Concerning a man who admits to having done wrong<br />
If any man challenges another man for having beaten him or done him any harm and places to his loss 100 marks or as much as he wants and the challenged man in reply  denies the wrong and the unlawfulness and says  ‘ I grant that I have done other than I ought to have done to you and I am prepared to make amends in the presence of worthy men’ – in this way he shall amend it.<br />
And if he does not make such a response but sustains his whole claim and wholly denies it and  at the day of law he fails in his acquittal, he will be convicted  and condemned to all the harm his adversary can put upon him.<br />
<br />
xcvii. Concerning taking a burgess from another burgh into custody<br />
No one can poind his neighbour from another burgh debt or trespass unless he is his chief debtor or ower of a pledge unless the baillie has failed to give him justice because he is absent.<br />
<br />
xcviii. Concerning the custody of a burgess’s heir<br />
If it happens that a burgess dies, his heir, if under age, and his cattle will be in the custody of his family on his mother’s side and the whole inheritance shall be in the custody of the family on his father’s side.<br />
<br />
xcix. Concerning a burgess evicted from his property<br />
This is the assize of Newcastle, that when any burgess is in possession of any land whether rightly or wrongly and another man comes along saying he is the true heir of that land and evicts from the foresaid land and property on his own authority and without jurisdiction. Whether it is asked (of the burgesses) that he who first was in the property should recover his seizing from the man who evicted him before he can answer him. And the reply given is that he was first in the property rightly or wrongly must always first recover his property and hold it or lose it in legal procedure. And the person who evicts him will be in forfeiture to our lord the king.<br />
<br />
c. Concerning mis-calling the alderman<br />
If anyone miscalls the alderman in full court, he must with his friends deny it with open mouth, saying that he has lied  and with a pledge for mercy. And afterwards he will swear upon the holy sacrament that he never knew anything bad about him. And if he miscalls him on other occasions, he will be placed in jurisdiction of the alderman and his neighbours until he makes amends.<br />
<br />
ci. Concerning a burgess not transferring lands if he is ill<br />
It is the custom of the burgh that no burgess who is  on his death bed can transfer any lands which he owns by inheritance or which he has acquired when in health from the very heir nor give nor sell to anyone from his heritable property unless he is heavily burdened through need, since need has no law.  Or that his heir can not or does not want to deliver him from all his debt.<br />
<br />
cii. Concerning the  castellan in the town<br />
No castellan should enter a burgess’s home for the purpose of killing pigs or piglets or geese or hens. But if he comes to the burgess’s door and asks if he has any of the foresaid be there to sell for the king’s majesty. And if he has, he shall sell. And if he has and does not wish to sell and they are found in the street the castellan is permitted to kill them and the neighbours  will price that beast and the price will be given to its owner. And the castellans shall not do this except for three times in the year, that is before Yule, Easter and Whit Sunday and not outside the burgh.<br />
<br />
ciii. Concerning wool-combers leaving the burgh<br />
If wool-combers leave the burgh (for rural work)  while there is enough work for them in the burgh)they will be captured and imprisoned.<br />
<br />
civ. Concerning widows selling in the burgh<br />
If a widow living in the burgh wants to trade with her neighbours, she must help them in all things and vice versa.<br />
<br />
cv. Concerning the election of liners within the burgh<br />
The alderman in the presence and counsel of the community should choose liners, at least 4  wise and discreet men so that no complaint  will come to the king’s room for defective lining. And if a complaint does come, all will be in forfeit, the baillies as well as the liners. And the aforesaid liners will swear that they will line accurately in length and breadth both at the front and at the back part of the land according to the correct old burgh divisions.<br />
<br />
cvi. Concerning the transfer of the chief tenement<br />
No man can transfer his chief dwelling house away from his heir, nor give it to his wife as a dowery, if he has anything else or other lands to be given as a dowry or else  it has to be sold through need.<br />
<br />
cvii. Concerning the transfer of lands through necessity<br />
If it happens that any man having lands from heritage or conquest and loves his son and heir so much that he gives his son all his lands within his legal power. And afterwards and inexplicable need comes to the father and he shows his need and that son does not want to help his father, the father can sell or mortgage  those lands from heritage and conquest to anyone he chooses. And his poverty must be proven before the sale or transfer by the oaths of 12 legal and honest men, that is 4 living in one part of the land being sold, 4 from another and 4 living across from the house or the transfer will be null and void.<br />
<br />
cviii. Concerning lands given by a father to his children<br />
If a man has several lands and several children and gives a land  to one of them and it happens that all the boys and  are under age and in their father’s custody. Then, perchance, after the father’s death, the heir says that the gift from his father was valueless as, for his lifetime, the father took the fruits of these lands. But in this matter, the heir must not be heard, since the father gave the lands in his legal power.<br />
<br />
cix. Concerning excuses and delays<br />
Be it understood that as many excuses(for not appearing in court) and delays an appellant has, a defender will have the same in cases of damages or injuries or challenges over land, since , in as many ways as a thing of one kind is said, there are just as many ways of saying the rest.<br />
<br />
cx. Concerning a summons made by the king’s servants<br />
Be it known that a summons made to a burgess within the burgh by the king’s servants must not be heard without the beadle being present.<br />
<br />
cxi. Concerning possession (of land) granted in the burgh<br />
If possession is given in the burgh before the neighbours of the burgh, although it is outwith the court and has not been spoken about in the court beforehand, nevertheless the possession shall suffice well enough.<br />
<br />
cxii. Concerning the keeping of laws in the burgh<br />
In every burgh of the kingdom of Scotland, the chief man (mayor or alderman) of that burgh shall make 12  of the most capable and most discreet legal burgesses swear by oath that they shall preserve and maintain all laws and just customs as legally as they can.<br />
<br />
cxiii. Concerning debt and borrowing<br />
For a debt, there will be one debtor and one pledge and one forfeit for a misdeed. And although there may be several borrowers, there will be only one merciment.<br />
<br />
cxiv. Concerning the sale of hereditary burgage<br />
If any heritage of burgage falls to any man or woman in the burgh or sisters on the father’s or mother’s side. and it is necessary for him or them or one of them, on account of their poverty, to sell or mortgage or farm-let it or dispose of it in any way, it is not lawful for him/her or them or any one of them to sell, mortgage or farm let or in any other way to dispose of the aforesaid burgage to any stranger, if the nearest heirs want to buy it or take it in mortgage or farm let.<br />
<br />
cxv. Concerning the dividing up of a burgess’s goods<br />
It is the custom in all Scottish burghs from time immemorial that if any burgess has children by his legal wife and he dies, the third part of all his goods is owed to the sons and daughters. But his legal firstborn son and heir of the husband and wife shall have the same portion of goods as the other children that is equal to that of the other children unless the firstborn has been put out of the family.<br />
<br />
cxvi. Concerning equipment and household goods pertaining to a burgess’s heir<br />
<br />
If a male or female burgess dies in the burgh, whether he/she has mad a testament or not, concerning everything he/she will give to the their heirs, utensils for the house, e.g. the best table, cover, towel, basin, ewer, the best bed with the sheets and other bedcovers  feather bed, lead with a musket, wine barrel, brewing vat, flagon, cauldron, three-legged stand, fire-place, pitcher, crook. These things from the house cannot be left in legacy. Also whatever is built, planted or sown all goes with the ground. Also he shall have a chest,   storage chest, plough, farm cart, chariot (2-wheeled cart),  a quantity of lead ,  brass pot, frying pan, iron bowl, girdle, mortar, pestle, platter, 12 spoons, a bench,  a foot-stool, a wooden sled (to separate wheat from chaff), scales with weights, a spade, an axe. And if the land is inherited, all those things are known to pertain to the heritable right. But they can be sold legitimately if the master has been forced to do so out of necessity or poverty and that will be witnessed by the burgesses. And concerning the aforesaid equipment and household goods all and single, the best things belong to the heir.<br />
<br />
cxvii. Concerning a burgess attached within the burgh<br />
If any man living in the burgh is attached for any reason through the king’s baillies, he shall not be taken outwith the freedom of the burgh to the castle or any enclosed place unless he has no security.<br />
<br />
cxviii. Concerning the transgression of a burgess’s wife<br />
If a burgess’s wife offends her neighbour in any way and finds persons to stand as surety for her to the law without the consent of her husband and if in the court she falls into a foolish response and is convicted for any transgression she has committed by the judge, her husband is not beholden to answer either for her crime or for mercy or for petition or grievance beyond the sum of 4 denarios unless he wants to. Nevertheless, he shall consider her ignorant and behaving negligently without her husband’s counsel , and shall chastise her as if she was a child since she acted outwith his authority.<br />
<br />
cix. Concerning the lining of land in the burgh<br />
If any land is lined in the burgh by the baillies and honest men with either  party present  and they lay the marks and sasine of those marks is held and in use for one year and one day, it cannot be lined in another way . But if any mark is removed, the baillie will be held to the complainer.<br />
]]></dcterms:source>
    <dcterms:publisher><![CDATA[The Burgh Laws can be found, along with other material, in: R. Renwick (ed.), The Ancient Laws and Customs of the Burghs of Scotland (Edinburgh : Scottish Burgh Records Society, 1868-1910). <a href="http://library.st-andrews.ac.uk/search/Y?search=ancient+laws+and+customs+of+the+burghs+of+scotland" target="_blank">http://library.st-andrews.ac.uk/search/Y?search=ancient+laws+and+customs+of+the+burghs+of+scotland</a>]]></dcterms:publisher>
</rdf:Description><rdf:Description rdf:about="http://openvirtualworlds.org/omeka/items/show/435">
    <dcterms:title><![CDATA[Statutes of the Scottish Church, 1225-1559]]></dcterms:title>
    <dcterms:subject><![CDATA[Selected references within the statutes to the church in medieval St Andrews]]></dcterms:subject>
    <dcterms:description><![CDATA[The book is a translation of <em>Concilia Scotiae: Ecclesiae Scoticanae Statutae tam Provincialia Quam Synodalia Quae Supersunt.</em>]]></dcterms:description>
    <dcterms:creator><![CDATA[Edited and Translated by David Patrick, LLD]]></dcterms:creator>
    <dcterms:source><![CDATA[[General or Provincial Statutes of the 13th Century]<br />
How the Conservator should be chosen<br />
And we ordain firstly that every year the duty of preaching be laid on one of the bishops one after the other,  to be performed at the next council by himself or by another to be proposed by him, beginning with the bishop of St Andrews; and that by choice of the others one of the bishops be appointed conservator of the statutes of the council; who shall hold his office from council to council and  shall punish open and notorious offenders against the council or the transgressors of any decree passed at it, and shall effectually compel them to make due satisfaction by ecclesiastical censure as law demands.<br />
<br />
[Constitutions of David, Bishop of St Andrews, 1242]<br />
To the office of pastor it pertains, as concerns the state of the churches entrusted to him and the instruction of those under his charge, to take vigilant care that when called to given an account of the flock committed to him he may be able to give the Lord interest on his talent. Therefore it is that of the rules that have been made by the ancient fathers we recall some to mind at present, adding other anew, lest (which God forbid!) we should appear to treat our office lightly.<br />
<br />
That churchyard be enclosed<br />
As to the state of the churches, we decree that in the first place it be seen to that churchyards be suitably enclosed all the way round, so that no access be open to brutish and unclean beasts; for sacred places should be kept clean, and such as have been duly consecrated to God by bishops.<br />
<br />
Of the enclosing of churchyards and the repairing and adorning of churches<br />
We decree further that round about, as far as the chancels extend, churchyards be enclosed by the rectors, the remaining portion by the parishioners, unless the custom prevails that the whole of the churchyard be enclosed by the parishioners. Item that the churches be roofed, that the walls be unbroken and not ruinous, the windows of glass and unbroken – those round the chancel to be kept in repair by the rector, but let those round the church be put in order by the parishioners. Item that the clergy be compelled thereto by the suspension of their stipend until the necessary repairs have been made; the laity, by suspension of their church privileges. We direct further that every church or chapel able to support a priest have its own priest, and have a silver chalice; and to the purchase of the same,, and as well as for the other things necessary for the altar, whether in vestments or books or lights, let the rectors be compelled each by suspension of this benefice until out of their benefices the thing lacking have been purchased; and, once acquired, they are to remain the property of the churches. The flagons or cruets for keeping the wine and the water for the eucharist of the Lord should be of silver or of pewter; the sacrarium neat and undilapidated; let the font also be not of wood but of stone and of becoming appearance, and let it not be put to other uses.<br />
<br />
That chrism, eucharist and fonts be secured with a lock<br />
We decree also that in all churches the chrism, the eucharist and the fonts be kept under safe keeping, locks and keys being provided, lest some overbold hand may reach forth to them to the commission of abominable and unspeakable acts. But if he who has the charge of them has carelessly left them unguarded, let him be suspended from his office for three months; and if any sacrilege have thence arisen, let him underlie a more severe penalty.<br />
<br />
Of the visitations of archdeacons<br />
Further, we will that every church in our diocese be visited by our archdeacons or their deans every year, and all deficiencies in churches and churchyards, books and ornaments, be brought under our notice in writing; that whatever is to be put right may be put right in accordance with our instructions.  <br />
<br />
Of the life and good repute of the clergy<br />
We decree furthermore that all the clergy, in whatever rank they be, and particularly those in holy orders who have the cure of souls, have their hair clipped all round, so that their ears be covered, and have large and seemly crowns [of hair]. That priests do not have capes with sleeves, or plaited capes, but round ones without sleeves; nor shoes nor sleeves decorated with laced-work. To this we add that all clerics, and particularly priests, unless when on a journey or under pressure of necessity, must not eat or drink in taverns or mix with open tipplers. Let them not play at dice or other games. And if on transgressors of this statute injury of the nature of the violent laying on of hands be in any way inflicted by laymen, let no hearing be given by the ordinary, but let the priests be suspended for three months. And especially we will and ordain that priests, who daily handle the flesh and blood of Jesus Christ, and where they are by their duty bound to administer whenever the occasion calls, shall not have wenches in their own or other people’s houses; but let their dwellings be clean and respectable. Nor let them even have kinswomen in their houses, unless they be such as no suspicion can arise about; but if they be disposed to make provision for such, let them do so in places far removed from themselves and beyond suspicion. Let no-one, moreover, receive in his house, entertain or keep a priest’s wench or concubine. But is any one transgress this statute, let him be held bound by the church to give condign satisfaction, and be otherwise punished at the discretion of the judge, so that temporal punishment may at least deter from sin those whom the fear of God does not restrain from evil.<br />
<br />
Of the wenches or concubines of clergymen<br />
We decree that after this whatever priest be found to keep a wench or a common prostitute and, after having been once fined in proportion to his means, be convicted of returning to her or to another such-like woman, or be unable to clear himself when common report charges him therewith, we will that such one be thenceforth suspended by our authority without hope of pardon. Let priests beware of having carnal knowledge of their woman-penitents, and offence for which the canon inflicts a penance of fifteen years and thereafter seclusion in a monastery; for they sin no less heinously than if they were carnally to know those to whom they acted as godfathers. And because it behoves us sometimes to devise new remedies, we enjoin further that priests’ concubines be not admitted by any church to the kiss of peace or the holy water. And if they remain in the priests’ house till their death, let them be refused Christian burial; and if the priests die first let the concubines receive nothing from their wills. Further, let a priest’s concubine obtain nothing in consequence of his promise made to her for the dishonour done to her body. Item let no priest admit  a priest’s concubine to penance unless she resolve to forsake her sin – for sin should never be forgiven unless it is first forsaken; and this rule is to hold good in the case of any one openly living in a state of mortal sin.<br />
<br />
Of the celebrations of masses<br />
Item the utmost care must be taken that in the consecration of the body and the blood of our Lord water be added in so moderate a quantity that the wine be not absorbed by the water but the water by the wine. But let the wine be not absorbed by the water, but rather the water by the wine. But let the wine used be red rather than white; in white wine, however, there is valid consecration. Let priests beware that the wine be not turned to vinegar or mouldy; and be particularly careful not to celebrate with vinegar, since vinegar has lost all the substantial properties. Let the host be made of pure wheat, round and entire and spotless, because the Lamb of God is without spot and not a bone of him was broken. Once a day in every church before the Pax Domini is said in any mass, whether it is for the dead or any mass, led there be said, with prostration and the ringing of the bell, the prayers for the remission of sins: Paternoster, Deus venerunt, Levavi, and the collects for the king and the bishop, and for the troubles and perils of the church; and when these have been finished let there be said Kirieleyson thrice, Paternoster…et de nos; afterwards these prayers, Exurgat Deus, Dominie salvum me fac, Fiat pax; the collect Deus in cujus, and in that collect let there be added ‘for our king and queen and their children’; the collect Deus qui caritatis dona; the collect Ecclesie tue quesumus Domine preces etc. Now when the celebrant has come to the participation of the body and the blood of our Lord, if he must celebrate a second time on the same day – which it is not lawful for any priest to do unless there is an urgent necessity – let him not take the wine, or the water which after the consecration is poured out to rinse the chalice; for by every kind of meat or drink is his fast broken, so that on that account he could not celebrate. Let him pour that rinsing of the chalice into some clean and seemly vessel set apart expressly for this use and no other, and let him take it after his second celebration. But if some boy or other be present of whose piety the celebrant has no doubt, he may safely give the aforesaid ablutions to him.<br />
<br />
Of the same<br />
Item let no celebrant elevate the host, but let him keep it in front of his breast, until those words are finished: ‘This is my body’. Item we forbid any priest to serve two churches. Item let the parish priest not celebrate masses for the dead on receipt of or in hope of payment. Item, if it has been entrusted to anyone, as executor, to have masses said for the living or for the dead in any particular manner, or to select one priest rather than another for celebrating in the said masses, let him not receive any kind of remuneration.<br />
<br />
Of the reservation of the eucharist and the visitation of the sick<br />
We further decree that when in cities, burghs, and castles the eucharist is brought to the sick it be placed in a clean and befitting pyx and that the pyx itself be placed in a chalice of pewter if such is possessed, and that it be wrapped in a clean linen cloth: and proceeded by a lantern, cross and holy water let the priest, clad in surplice, if the weather permit, holding the pyx aloft in a solemn and reverent manner, go in the procession to the sick person, unless he is at a great distance: but otherwise let the eucharist be carried in a clean and seemly pyx enclosed in a box which may serve to protect the pyx from the inclemency of the weather. Let the host which is to be given to the sick be renewed every Lord’s day and put in a seemly and secure place. On other days, however, it may be renewed at need.<br />
<br />
Of baptism and the form of baptising<br />
Deacons cannot baptise and administer the sacrament of penance and let them not presume to minister the eucharist. In peril of death a deacon and even a layman will have power to baptise. Parishioners should be taught these things in church, and how baptism is to be administered under these words: ‘I baptise thee in the name of the Father and of the Son and of the Holy Ghost. Amen.’ For which reason the child who has in accordance with this canon been baptised in a critical emergency should not be exorcised. By no means let the priest supplement the last rites which in baptism precede the immersion but only those which follow. And we further enjoin that if there is doubt of any one’s baptism, he should by all means be baptised (for it cannot be said that the sacrament has been conferred once) with these words: ‘If thou hast been baptised I do not baptise thee, but if thou hast not been baptised I baptise thee in the name of the Father and of the Son and of the Holy Ghost. Amen.’<br />
<br />
Of penance<br />
To eradicate simoniacal corruption from the priesthood we further enact that on no layman in sickness or in health shall they enjoin masses for a penance. We order also that no priest receive another’s parishioner to penance unless by permission of his own priest. But if that parishioner ask to go to a more discreet priest, then let his own priest in kindness grant him permission. The parishioner must however in that case be careful not to divide his confession; but without his own priest’s permission let him go to no other. Moreover, let the priest explain that extreme unction makes nothing unlawful to the sick man after he receivers which had been lawful to him before he took ill. He should also explain that the said extreme unction can be repeated as often as may be required.<br />
<br />
Of burial<br />
Moreover, we will that if any one has been overtaken by sudden death he shall not lack Christian burial, unless he has died an excommunicated person or been killed in some deed in which he commits mortal sin. For with whom in life we are in communion, with him also in death we ought to be in communion.<br />
<br />
Of matrimony<br />
Marriage must absolutely not be contracted between persons who are unknown nor even between persons who are known, unless it has been preceded by a threefold solemn proclamation, as well of the man as of the woman, publicly made in the church on three Sundays.<br />
<br />
Proclamation of excommunication to be made in churches four times in the year<br />
Item we decree that solemn sentence of excommunication be pronounced in all churches on Sunday four times every year. Let a general excommunication be pronounced against all soothsayers, fire-raisers, forgers, professional usurers, robbers on the king’s highway; all who wittingly obstruct wills lawfully made; all laymen who withhold or seize, diminish or carry off unjustly teinds or lands or other privileges or possessions of the church; all witnesses who deliberately forswear themselves, so that through them some person loses any inheritance or ecclesiastical or secular benefice. Item that no priest without the advice of his bishop  absolve such perjurers unless in peril of death. Item that the priest publicly warn his parishioners that no one under colour of a reprehensible custom which has long been prevalent, swear in concert with his neighbours against his conscience either through affection for another or through another’s bidding. Item that perjurers of this sort be not absolved without the advice of the bishop unless in imminent peril of death. Item that priests first and foremost admonish such of their parishioners as are open fornicators and persuade them to put away their strumpets. And if afterwards they return to them, that in the presence of at least three trustworthy witnesses summoned for the express purpose, an oath be exacted from the fornicators that if they thereafter have knowledge of their strumpets, they shall henceforth treat them as their wives.<br />
<br />
Of residence<br />
Item, that a parson or vicar do not leave his own parish and take up residence in burgh or town save on urgent occasion, or when a  dispensation has been granted to him. That he who has been once admonished and does not return, be deprived of the revenues of his church for the space of four years.<br />
That marriages or proposals not be contracted without witnesses<br />
Item that no one contract marriage or betrothal unless in the presence of lawful witnesses, by whom the marriage can be proved should any doubt arise about it.<br />
<br />
Of monks and canons-regular who are fugitives<br />
Furthermore, for as much as we know of a certainty that many warnings have gone forth from our predecessors and from ourselves to the effect that if there are any monks or canons-regular who are fugitives in this archdeaconry, they return to the observance of their rules to which they are bound by their profession or in any other way: All these, therefore, we admonish anew that they abandon their apostasy and return to their monasteries, or at least seek from us warrants which will issue up till three months from the day of the promulgation of this statute in this archdeaconry: otherwise, let them know that they are thenceforth by our authority excommunicated. And that none may pleas ignorance, let this statute be published in every parish church in the next following Sundays.<br />
<br />
That religious be not admitted for a stipulated sum<br />
Item we decree that no monk or nun or other religious person be received into religion for a stipulated sum.<br />
<br />
That clerics do not hold secular offices or carry on trades<br />
Item we decree that clerics must not hold secular offices or engage in trade.<br />
<br />
That churchmen do not write or dictate sentences involving bloodshed<br />
Item we decree that no churchman dictate or write a sentence involving the shedding of blood<br />
<br />
That rectors be resident or appoint vicars<br />
Item we decree that all rectors either reside in their parishes or present vicars to a decent maintenance therein.<br />
<br />
Of chaplains and deacons ordained in another diocese<br />
Item we decree that no rector of a church in this archdeaconry keep any chaplain or deacon in the service of his church, even though he himself is sure about him, unless there be lawful evidence of his ordination and good behaviour, and even in that case let him present him to the lord bishop or to his officials; but if a chaplain or deacon be unknown, he shall in no wise be admitted to the exercise of his office in this diocese unless he have letters patent of recommendation from his bishop or his archdeacon, by means of which legitimate assurance may be had as to his ordination and good behaviour.<br />
<br />
Of the changing of priests<br />
Furthermore, whereas from the frequent changing of priests much expense and many disadvantages are occasioned to churches, we decree that when any one proceeds to arrange about a priest for his church he should procure for himself one whom he may be able to retain for a year at least; since if he must for any reason be removed at the end of the year or before that, he is to be dismissed and another put in his place only by the advice of our archdeacon or dean or officials; and this we design to be applicable to parish priests.<br />
<br />
That churches or benefices be not let on lease<br />
We further also enact that no one receive on any lease any church or living without our own or our officials’ assent; and that particularly that no one have two churches on lease without our authority or permission; and in especial that no layman receive a church on lease. Let a contract to this effect entered into between parties contrary to the tenor of this statute be held as of no effect: and let no hearing be given to those who make complaint of the non-observance of contracts of this kind.<br />
<br />
That chaplains do not celebrate until they make their canonical obedience<br />
Also, we forbid, on pain of anathema, any chaplain of a parish church who says mass for the dead, or resides with knights or any others, to celebrate in our diocese, until he makes his canonical obedience; and particularly let not those whose duty it is to say mass for the dead every day in the year bind themselves to perform a trental of masses instead of another.<br />
<br />
Of residence and the ordination of vicars<br />
Moreover, we reiterate what our venerable father Otho, by the grace of God legate of Scotland, lately decreed as to the residence and ordination of vicars, and decree that all vicars shall without excuse or exception reside in their parishes and receive holy orders in due succession, under the penalty inflicted in the same statute, which must be observed in both of its articles.<br />
<br />
Of rectors<br />
Wishing in our pastoral solicitude to provide for the visitation of churches, we ordain by statute that all rectors of churches shall within five years after they have been appointed to churches, take up residence in their cures as is the duty of pastors; public intimation being given in any parish in which they do not reside that their place of abode is in such and such a parish.<br />
<br />
That rectors either have suitable priests in their parishes or be themselves ordained as such<br />
Let the rector of every parish see to it that he has in his parish a priest who is capable, efficient and well-educated, or else declare that he is himself being ordained priest to minister in the same order in the parish.<br />
<br />
That rectors be ordained<br />
We decree that all rectors of parishes be at least in minor orders, the next in rank to holy orders without waiting for another admonition after the present one; as to those who do otherwise, let all to whose knowledge this statute shall come know that they are suspended from the revenue of the church, and are over and above liable to be deprived of their benefice.<br />
<br />
Where confessions ought to be heard<br />
Furthermore, we forbid confessions of women to be heard between the veil and the altar: they should be heard in another part of the church beyond earshot, but not out of sight of men.<br />
<br />
Of the promulgation and observance of the foregoing statutes<br />
We also enact in virtue of holy obedience that the foregoing statutes be published in every parish church without exception, and be carried out in their eternity by all. But let transgressors of these laws know that they will be compelled by ecclesiastical censure to render condign satisfaction: and if these foresaid statutes be not found in any parish of the archdeaconry within eight month from the day of the holding  of this synod at Musselburgh, the Monday following the feast of the Invention of the Holy Cross in the year of grace 1242; we have decreed that the rectors of the same parishes, if present, or, if absent, their procurators, are thenceforward by our authority suspended from the revenue of their church.<br />
<br />
[Synodal Statues of St Andrews, 14th Century]<br />
We enact the synodal decrees which are hereinafter written:<br />
<br />
That rectors possess the synodal decrees<br />
We enact that there be no rector or vicar who does not possess all the synodal decrees and cannot read and understand them (since a consequence is that through their ignorance of them our officials and archdeacons are often put to trouble) and that they be brought every year to the synod and this we decree under  a penalty of forty shillings.<br />
<br />
That rectors and vicars be resident in their parishes<br />
Item, we have statute that every rector or vicar or other holder of a benefice make personal and continuous residence in the place of his benefice, as the terms on which he holds it require: a rector to be fined in a sum of ten marks, a vicar and other beneficed persons in a sum of one hundred shillings.<br />
<br />
Of the manses of the beneficed clergy<br />
Item whereas by reason of the meanness of the houses we cannot be entertained in the benefices within our diocese, and in consequence cannot in our own person perform our official visitation or discharge the duties incumbent upon us in virtue of that office, we have decreed that every holder of a benefice shall against the next visitation make arrangements for building a manse according to the revenue of his benefice, so that we may, if need be, be accommodated therein, and his under a fine of a hundred shillings on every defaulter.<br />
<br />
That churchmen put away their wenches or concubines<br />
Item we will and ordain by statute that all and sundry rectors, vicars, and other beneficed persons lead a chaste life and out utterly away from them their wenches or concubines within three months from this date, and that so entirely that no sinister suspicion of incontinence may be cherished against them, under the pain of deprivation on offenders who have been thrice admonished; on those twice admonished, of ten merks, on those once admonished, of forty shillings and suspension from celebrating divine services.<br />
<br />
That churchmen ordained without the diocese be not admitted without dimissory letters<br />
We enact that no one from another diocese, especially a foreigner, be allowed to celebrate divine service unless he have letters giving sufficient proof as well of his orders as of his permission to leave the diocese, which shall have been approved by us or our official in synod or consistory. But any contravener we order to be fined in the sum of five merks, to be uplifted by our official and our deans and collectors of escheats<br />
<br />
That no religious be engaged for a fee to celebrate without special license<br />
We also decree that no religious be engaged for a fee to serve a cure or minister the sacraments of the church within our own diocese unless he has our special license, which ought to remain in writing in the possession of the said religious.<br />
<br />
That no priest celebrate several masses a day<br />
Also, inasmuch as certain priests looking more to gain than to piety, appropriate to themselves the salaries of many, though they can scarcely discharge the sacred obligations of one priest, by celebrating several masses a day – this we forbid to be done when there is no necessity of it. We have ordained that whoso transgresses be punished with a fine of one hundred shillings, to be applied to pious uses.<br />
<br />
Item of the same<br />
Item like a penalty must be inflicted on those who have persuaded their temporal lords, whether one or more, male or female, to sue for a permission to the contrary.<br />
<br />
Of the hearing of the confessions of clerics<br />
Item because by usage conform to the decisions of canon law no one can be judge in his own cause so far as to be allowed to choose a confessor without the permission of his superior; lest by reason of our neglect those under our authority should incur danger to their souls, we appoint the following, whose names are written below, to hear the confessions of cleric and to enjoin penances to the end of the year, for each of the deaneries, a, b, c, d, e, f, g.<br />
<br />
That churches should have their full complement of clergy<br />
We decree also that every church, oratory, or chapel in our see have its full complement of priests and clerics, so that divine worship may not be stinted in our times. Let him, moreover, who is negligent in the matter of this statute be canonically punished.<br />
<br />
That priest must not celebrate in short tunics<br />
We have furthermore decreed that no priest celebrate in a tunic so short that it does not reach beyond the knee, under a fine of ten merks, one half of which shall be given to the informer, and the other half applied to pious uses.<br />
<br />
That rectors and vicars and parish-priests shall have seals<br />
We furthermore enact that every rector or vicar and parish priest have a seal with his name inscribed on its circumference, so that the bishop and the archdeacons and their officers may be informed and certified as to citations and the execution of their other mandates, and this under a fine of half a merk on every defaulter.<br />
<br />
That priests do not wear long knives which are called hangaris<br />
Item we enact that no priest shall wear the long knife which is called a hangar, save when he is equipped for a journey, under the fine of half a merk.<br />
<br />
That church-livings be not directly or indirectly leased to laymen<br />
We enact that no rector or vicar or other cleric whatsoever, regular or secular, the possessor of a church living, shall presume to set or let his living on lease to laymen directly, or indirectly, with the help of a clerical person interposed so as to lend colourable and fraudulent appearance to the transaction. But if any one without our license first sought and obtained shall contravene each rule, let him be held liable to be deprived and actually be deprived of the fruits of his benefice for a whole year, and they shall be applied to building the fabric of the church of St Andrews.<br />
<br />
That beneficed churchmen do not undertake the management of secular affairs<br />
Item whereas some beneficed churchmen in our diocese, enslaved by the vice of avarice, address themselves to the employments of laymen, in consequence of which clerical credit is often injured; by statute we insist that no rector or vicar or any other churchman whatsoever who holds a benefice shall in any way be understood to manage any layman’s affairs, or shall hereafter presume to  make intromissions as to which  he will be held bound to render account; seeing that such administrations are utterly prohibited by the sacred canons. But let him who presumes to attempt the contrary underlie the penalty of deprivation, unless perchance the said business has been undertaken in virtue of our special license; the affairs of our lord the King, the Queen and their children alone being excepted.<br />
<br />
Nuptials shall not be blessed unless preceded by banns<br />
Still further,  whereas the nuptials od some persons marrying contrary to the statutes of the canons have in times past been blessed by priests ignorant of the law, from whose action it is known that great scandal has arisen in the church of God; wherefore we statute and ordain that no priest shall dare to bless or take part in blessing within our diocese the nuptials of any persons of whatsoever rank or dignity they be, unless the banns have been first published and proclaimed according to the custom of the church; notwithstanding any assertion made by the parties in person or by proxy that they are ready to find a canonical pledge for indemnity, which canonical pledge we by the present statute repudiate and decree that it be in nowise accepted. But if any priest, unmindful of his own honour, shall dare to transgress this statute, not only shall he be ipso facto suspended from office without hope of favour, but he shall also lose all hope of preferment unless of our charity a dispensation be granted to him by us. And parties marrying contrary to this our statute shall underlie canonical punishment.<br />
<br />
That espousals be not contracted without the presence of priests and witnesses<br />
Furthermore, we decree that parties wishing to contract espousals, whether according to the formula for a union ‘at present’ or ‘in the future’, contract the said espousals in the presence of a priest and of trustworthy witnesses: and we further enjoin that on the next following Sundays and festivals they publish the banns according to the custom of the church, and that thereafter there follow, as quickly and conveniently as possible, the nuptial blessing , given not in private chapels and at night, but solemnly and publicly in their own parish churches; that those, moreover, who contract these espousals have meanwhile no carnal intercourse; but that, if any do so, they underlie canonical punishment as if they were fornicators.<br />
<br />
That churchmen under accusation do not resort to laymen for succour<br />
Item whereas some beneficed churchmen in our diocese, as we have learned by experience, careless of their own good name and enemies of their own good character; when about to be, by us and our officials, put under correction for their offences, following the examples of Judas, the despairing traitor, who, after he betrayed our Lord, turned not to the Apostles but to the Jews for counsel; resort to laymen and chiefly to those who are powerful, and return from them, as we have good reason to suspect, not without bestowing gifts to induce them to present supplications, on behalf of themselves and their possessions, to us and our officials, so that they may escape the punishment of their misdemeanours – yet surely not without disgrace to themselves; wherefore we prohibit this to be done in the future, and enact that if anyone be found culpable on this head he not only lose the benefit of such petitions as may have been made on his behalf, but also be held convicted of the offence with which he was charged, even although it has not been otherwise proven.<br />
<br />
That excommunicates be not admitted to burial in a churchyard<br />
Item we decree and by statute we forbid any one holding a cure in our diocese, by whatever title he may be rated, who has charge of Christian burial conducted by himself or another, to admit within his churchyard anyone who may have elected to be buried there whom he knows to have in life been excommunicated by canon law or specifically, in general or particular; unless he shall have sufficient evidence of his having been absolved by him who has the power to absolve. But let the contravener know that he will be ipso facto suspended from priestly functions for a year.<br />
<br />
Of holding a consistory court once a year<br />
We have also decreed, and by virtue of our episcopal authority ordained by statute, that all rectors, vicars, parish priests and other chaplains of churches officiating for the dead as well as in place of chaplains assemble once in the year, and in this case at our next consistory to be holden after Easter: to wit; those in the archdeaconry of St Andrews in the parish church of the same city, and those in the archdeaconry of Lothian in the church of St Giles in Edinburgh: to hear and receive from us or our official, or other person whom we have judged specially fit to represent us in this matter, our instructions how they should acquit themselves in the celebration of mass and the ministration of the sacraments of the church according to the statutes of the canons, and how they should likewise instruct their parishioners in those matters which concern the salvation of their souls.<br />
<br />
Names of persons in every parish who stand in need of discipline are to be reported every year to the bishop in consistory<br />
We statute and ordain that at the above-named days and places they bring in writing with them every year the names of all person in their parishes who need discipline, who are notorious, or about whom there is any public scandal; so that at our next visitation we may suitably reward them as good stewards for their faithful service, in faithfully reporting to us and vigilantly watching over the flock committed to them under us, or contrariwise if they have been negligent.<br />
<br />
The names of all who die in every parish should every year be reported to the bishop in his consistory<br />
Furthermore, also, we will and ordain that they [the clergy] bring with them in writing every year, as above, the number and names of all who die in their parishes, of whatever condition, or rank, or age they be, and who have dies testate or intestate, that thereby we may learn how the last wills of deceased persons, and especially in respect of their bequests to religious purposes, are having due effect given to them by the executors of the said deceased persons, or perchance by our officials as executors, if in any respect they have fallen short of their duty. Moreover, let whosoever has been a transgressor of this our statute in whole or in part, be fined, if a rector, forty shilling; if merely a vicar, twenty shillings,; if a parish priest, ten shillings; if merely a chaplain, six shillings and eight pence; unless there is legal proof of his labouring under a canonical impediment. Mow this our statute comes into force on the feast of our Lord’s Resurrection in the year of our Lord one thousand three hundred…<br />
<br />
Of the obedience of clergymen<br />
Item whereas obedience is better than sacrifice, and contumacy  and disobedience are compared to the sins of witchcraft and idolatry, we enact that all clergymen who are contumacious to their bishops in their lawful and canonical commands, and who, having no clear and reasonable cause, refuse to obey, be suspended from office, and if their contumacy become aggravated, be punished with severer penalty.<br />
A general excommunication<br />
We excommunicate all those who dare maliciously to despoil churches of their rights or through ill-will strive to violate their immunities: also all ill-disposed invaders of church property: Item all who burn churches or houses in time of peace: Item all who deliberately withhold teinds: Item all who obstruct testament or matrimony lawfully made: Item all who counterfeit  our lord the Pope’s briefs or our lord the King’s seal: Item all false coiners and clippers of money: Item all who give or procure poison to be given to anyone: Item all who wittingly bear false witness or procure it to be borne: Item all who substitute false heirs: Item all who put scandal maliciously on any man when he has not been chargeable: Item all common usurers: Item all sorcerers and all confidently believing in them: Item all who cast down their offspring at church doors or in other places: Item all who put hand on father or mother with evil intent: Item all who put violent hands on priest, deacon, or clerk in holy orders: Item all who take thieves from church or church sanctuary deliberately: Item all guilty of infanticide: Item all who falsely impute a child to another: Item all who hold intercourse with an excommunicated person or wittingly help him: All who, knowing they are suspended, celebrate mass: All guilty of simony as principals or proxies: All who desecrate church or cemetery in consequence of which it requires to be reconciled: All who succour the Saracens in arms or otherwise against Christians: All who favour heretics and who receive schismatics wittingly: All who go about at night for the purpose of stealing: Item all who trouble the peace of the king and most of all the peace of the church with evil intent: Item all who fix false boundaries wittingly: Item, all who withdraw from the unity of holy mother church.<br />
<br />
Of the reconciliation of a church<br />
Furthermore, we decree that when a church or churchyard shall have been profaned by the shedding of blood or of sexual seed, if this church or churchyard have been profaned by the rector or the vicar or a parishioner of the said church, or by any other person whatsoever, he who profaned it, provided he be solvent, shall pay the dues in respect of reconciliation of this church or churchyard, But if either have been profaned by someone who has no wise compeared, or has perchance compeared but has been found to be non-solvent, the rector of this parish or his vicar, if there be both in the said parish, shall provide the dues in respect of the reconciliation in this connection, at their own and the parishioners’ expense in equal proportions, since it is their common interest, with reservation also to them of the right of raising an action against the desecrator. Now when there are a rector and a vicar in the same parish, the one half of the dues shall be paid by them in proportion to their respective incomes, and the other half shall be paid by the parishioners themselves, and if need be, they shall be compelled by ecclesiastical censure. Also we interdict, under pain of excommunication in force from this time forth, anyone from daring in the future to have dances, or to hold wrestling matches, or to hold or engage in any other kind of unseemly sports in churches or in churchyards at any festivals or seasons whatsoever, since the occasion of profaning churches or churchyards has been wont to arise from such causes.<br />
<br />
<br />
[GENERAL STATUTES OF 1549]<br />
The order to be followed in  the lectures on grammar and logic<br />
The synod wills and decrees that the rector of every university, not forgetting or overlooking the reasons moving thereto, have a care to admit no students to the classes of logic or of the arts save such as speak Latin, and that grammatically, and that those who wish to acquire the art of dialectic be examined before they are admitted to that study, and that none be admitted to the degree of bachelor or master until after strict examination they have been found qualified to receive it: otherwise let them be put back to the next lower class; and if this is not done, it shall be imputed as a fault to the rector. Item the archdeacon of St Andrews shall take care concerning the master of the grammar school in the city of St Andrews that he be versed in grammatical subjects, of good moral training, and amply competent in other respects to teach boys and such as do not know the simplest elements of grammar.<br />
<br />
For the maintenance and the permanent establishment of preachers of the word of God wherein the Christian people are to be nurtured<br />
For the permanent establishment of preachers throughout the province and their maintenance, that the said preachers may not want for food and other necessaries, the archbishop primate, the bishops ordinary, and the inferior clergy, representing in the present provincial council the general convention of bishops and clergy of the realm of Scotland, have, on behalf of themselves and others, respectively assigned to the preachers who shall undertake the preaching, in respect of each of the prelates within the district and among the people subject to his jurisdiction, the following benefices: and provision shall be made that the present possessors do not resign them to others to the detriment of the preachers, as is contained in the instruments drawn up thereanent. <br />
Names of benefices allotted to preachers [St Andrews only]:<br />
For the Archbishop of St Andrews, the rectory or church of Muckhart.<br />
For the priory of St Andrews, the vicarage of Trinity Church at St Andrews<br />
<br />
[MANDATE OF THE BISHOPS OF THE KINGDOM OF SCOTLAND – mid 13TH CENTURY]<br />
To all the sons of the holy mother church who shall see or hear these presents, David and Albinus, by the grace of God bishops of St Andrews and Brechin, and Master Abel, chaplain of our lord the pope and Archdeacon of St Andrews, wish eternal wellbeing in the Lord. We have inspected a mandate of the bishops of the realm of Scotland to the following effect: To their most excellent Lord A[lexander III]., by the grace of God the illustrious king of Scotland: David, William, Peter, Clement, Albinus, Robert, William, ministers of the churches of St Andrews, Glasgow, Aberdeen, Dunblane, Brechin, Ross, and Caithness, respectively send greeting and their ever faithful and devoted service. Although the rules ordained in the last council of the kingdom holden at Edinburgh in the presence of you and your magnates have not at all been reduced to writing,  yet we cannot believe that these have escaped the memory of your councillors: Namely, that the churches and their prelates should enjoy the peaceful possession of all those rights and liberties which they have received in the time of King Alexander, your father, of happy memory, your royal right and possession being in all cases reserved. Yet now something new and from of old unheard of in the realm of Scotland has been brought in by your councillors: to wit, that ecclesiastical persons should, without the intervention of ay judicial cognition on the part of the prelates, be despoiled by laymen of the possessions bestowed on their churches in alms, as we understand has lately occurred in the case of the Prior of St Andrews. Now since these and the like of these attempts against God and the freedom of the church should not be allowed to take place without attention being called to them, we humbly and devotedly petition your excellency to revoke under the decision already come to whatever has irreverently and inconsiderately been done in the case of the goods of the Prior of St Andrews, and, if it please you, not to permit such things to be done in the future. Otherwise, we shall, at whatever risk to ourselves, rather denounce than be willing to endure what may hereafter turn out to be such an incalculable injury to the church. May your excellency ever prosper in the Lord! In witness whereof we have caused our seals to be affixed to the present document.<br />
<br />
Letter of general caption of excommunicate persons<br />
Robert [II], by grace of God king of Scots, to the justiciars, sheriffs, provosts and their bailies to whom the present letters shall come, greeting. We command and enjoin on you that ye compel, by the apprehension and incarceration of their bodies, to give satisfaction to God and the church, all these in your bailiaries or burghs who shall by the reverend father in Christ, William [Landels], bishop of St Andrews, or his officials, be certified to you to have contumaciously remained for forty days and more, in contempt of the keys of holy mother church, under sentence of major excommunication, and that with such expedition that we shall hear no further just complaint on that head as to your failing so to do. The presents to have no validity a year after date, etc.<br />
<br />
Letter of caption of excommunicates when the bishop has by letters patent denounced them to the king.<br />
Robert [II or III], by grace of God king of Scots, to the sheriff and his bailies, greeting. The venerable father in Christ, Walter [Trail], by grace of God Bishop of St Andrews, has by his letters patent invoking the secular arm of our royal dignity to the support of the holy mother church, certified us that A. has remained for forty days or more under sentence of excommunication, and so miserably contemning the keys of the church. Wherefore we command and enjoin on you that wherever in your bailiary the said A. shall be found, ye shall by the apprehension and incarceration of his person compel him to give satisfaction to God and the church; and that with such celerity that we may on that head hear no further just complaint of your failing to do so. The presents to have no validity a year after that date, etc.<br />
<br />
Letter of procuration by the Abbot of Aberbrothock giving powers to appear for him in a cause concerning him in the Synod of the Archbishop of St Andrews.<br />
Let it by the presents be patent to all men that we, David, by divine permission abbot of the monastery of St Thomas the Martyr of Aberbrothock, of the order of St Benedict and the convent of that place, by unanimous consent and assent of our chapter have made, constituted and appointed, and by the tenor of these presents do make, constitute and appoint these venerable men and brethren in religion: Alexander Masoun prior of Fyvie, Thomas Tullo sub-prior, Thomas Betgranger, John Dryburch cellarer, Robert Cuby, Richard Scot, James Lawsoun and Robert Gray and any one of them, as a body, jointly or singly, to be our true, lawful and undoubted procurators, agents, factors and managers of our affairs, and envoys, special and general: so that the specialty shall not derogate from the generality not contrariwise; and that there be no privileged character of priority amongst them, but what one has begun another of them shall be empowered to carry on, continue and complete, granting and conceding to these our procurators, and any one of them, our plenary powers and special and general mandate to appear for us and in our name, in all and several the causes and suits concerning us in the synod to be held on the twenty-third day of April in the metropolitan church of St Andrews, before the most reverend father in Christ and lord William, by grace of God and the Apostolic See Archbishop of St Andrews, and his vicars-general as his commissaries, one or more; as also all and several the other judges, ecclesiastical or secular within the realm of Scotland, wherever their own jurisdiction may lie: about and concerning all and several the affairs, rights, possessions, and the ecclesiastical actions and disputes which is moving or intending to move against and in opposition to us; and to take action and make defence on our behalf and in our name; to give and receive a libel or libels; to dispute; to dispute or cause to be disputed a plea or pleas; to make, depone and utter oath of calumny or fidelity; to produce and cause to be produced witnesses, letters, endorsements and all the other things proper to procurations; to oppose, reply to, accept or refute for a first, second, third or if need be fourth time the things produced against and contrary to us; to petition that sentences of whatsoever kind be issued, interlocutory or definitive; to appeal, give intimation, insist and prosecute the cause as against these sentences or against any injustice; to make composition, agreement, compromise; to conclude a compromise on faith and penalty, to substitute one or more procurators who should have the same or similar powers with themselves; and generally to do, perform and exercise all and several the other things which in the premises or as regards them may be necessary or even opportune; we holding and to hold as ratified and acceptable all and sundry that these our said procurators, or any one of them, or the substitute or substitutes appointed by them, or any one of them has or have duly and legally thought proper to do; such as we should ourselves do were we personally present and unanimous. Given under the common seal of our said monastery in our chapter house on the nineteenth day of the month of April Anno Domini 1487.<br />
]]></dcterms:source>
    <dcterms:publisher><![CDATA[Scottish History Society, (Edinburgh, 1907)]]></dcterms:publisher>
</rdf:Description></rdf:RDF>
