Sources relating to the medieval bishops of St Andrews
Letter of Pope Boniface VIII to William Comyn (1298) [Stevenson, Documents Illustrative of the History of Scotland, ii, 280-1] Boniface … to the dear son William Comyn our chaplain, provost of the church of Saint Mary in the city of St Andrews Your petition shown to us stated that recently the church of St Andrews being vacant by reason of the death of William bishop of St Andrews and a day being set for the election of the next bishop, you, asserting that it was owed to you by reason of your provostship of the church of Saint Mary to have an interest in this election, sought to be admitted to the performance of this election. And because the chapter of the same church of St Andrews, in contempt of you, proceeding to the same election, elected our dear son master William de Lamberton chancellor of the church of Glasgow to the bishopric, you, appealing because of this to the apostolic see, finally after many disputes here and there at the said see, you, led greatly by our approach, agreed to renounce your appeal freely, so that the said church of St Andrews may not be subjected to misfortune for a long time by reason of its bereavement, saving the right which belongs to you and your successors as provosts of the same church of St Mary’s and to the church of St Mary’s itself, or which may then belong to them in the time of the election of a bishop of St Andrews to be conducted hereafter. Because, we, to whom the care of all churches belongs in general, must therefore aid the same church of St Andrews, but we do not oppose the church of St Mary’s, even being inclined to your claim we wish and by the tenor of these present letters decree that, by the renunciation of these rights (as above) we do not prejudge them, indeed on the contrary you and your aforesaid successors may freely pursue and possess this right in seeking or in possessing as if the same had not be renounced. Given at Rome, at Saint Peter’s, 7th May 1298 Letters of Pope Boniface VIII confirming the election of William Lamberton as Bishop of St Andrews (1298) [Theiner, Veteri Monumenta, 165-6] Boniface … to the venerable brother William de Lamberton bishop of St Andrews, greetings. It is lawful that the care of the whole church from what belongs to the pastoral office belongs to our care, about this however, it is understood that we are more strongly concerned and we watch over with so much care those who are directly subjected to the Apostolic See, and bear more strongly the care of them, so that we think of their favourable state. Therefore they who lament the misfortune of bereavement arouse our special care so that suitable pastors of them are put first, so that by their efforts they light up spiritual things and are successful in increasing earthly ones. For the church of St Andrews in Scotland being deprived of the solace of a pastor by the death of William Fraser of good memory, bishop of the same church, the dear sons of the chapter of the said church calling all who wished, ought and were able legitimately to take part, gathering in one body on the arranged day of election and deliberating concerning this on the way to proceed by the process of compromissus, they proposed unanimously and freely to provide in place of the church of the pastor full power to our dear sons John the Prior, John Mair and William Landon archdeacon, Adam the sub-prior, John Kayrer, Adam of Laurbeden and Thomas of Auchtermuchty, canons of the said church, appointing them to renew and retain their bishop and pastor that person whom they, or the greater part of them, appoint by election. The same prior, archdeacon, sub-prior and canons, having received these powers, considering that since you, a man of great wisdom and discretion, and with knowledge of letters, being of honest life and commended by sober manners would be able to cause an increase in the honour of the said church, they appointed you, then the chancellor of the church of Glasgow, by their vote: And the said prior from the power resigned to him and the aforesaid archdeacon, sub-prior and canons by the chapter, elected you as bishop and pastor of St Andrews by the consent and commission of the said archdeacon, sub-prior and canons, and this election being solemnly announced by the said prior, the said chapter unanimously approved it. And you, consenting to the said election in proper time, on account of this came to the Apostolic See, and both you in person and the aforesaid prior and chapter, through their specially appointed procurators and envoys, John called Rufus, Martin de Ketketon and Thomas of Auvhtermuchty, presenting us the election decree, beseeched us humbly that we might confirm this election. We, therefore, having the proofs of this, had them diligently examined, and because we found the election to have been carried out canonically by suitable persons, by apostolic authority and with the brothers of our council we made this to be confirmed… Given at Rome at St Peters, 15th Calends of July, the fourth year of our Pontificate (1298) Extract from the articles propounded against the Bishop of Saint Andrews (August 1306) Articles propounded against the bishop of St Andrews concerning the counsel, assent and adherence performed by him to Robert Bruce in his rebellion against the king of England. Then after the bishop of St Andrews who then was had died and the people of the land of Scotland by the council and prompting of the prelates and clergy of the same land made to raise war with William Wallace, then rebel and enemy of our lord king and chieftain and governor of the people of Scotland who then were against our lord the king, their liege lord in whose homage and loyalty they had been bound by their letters and instruments public on these acts: there, where the chapter of St Andrews had elected master William Comyn, who the whole time held to the faith of our lord the king and of his friendship: William Wallace and his adherents and enemies of our lord king, to whom the said master William Lamberton had given his adherence against his oath and his allegiance: by force and constraint made them elect him bishop of St Andrews without licence sought and without the assent of our lord king as was appropriate behaviour from the right and according to the usage of the kingdom in prejudice of him and right of the crown and by such an election he was made bishop, entering and occupying the temporalities of the said bishopric and since then he has held them, from which many evils have happened. Thus, when our lord king had discomfited his enemies so that all those of the said land of Scotland, who had been raised in war against him as aforesaid, were coming to him as their liege lord and rightful king of Scotland and had placed themselves high and low in his grace for their trespass aforesaid: then the said bishop of St Andrews came to Stirling willingly and of his free will (on) the 4th day of May the year of grace 1304 and of the king’s reign 32nd and asked him for his grace and received it kindly and thus the said bishop did another time swear fealty to the king of England aforesaid as to his liege lord and righful king and lord of all Scotland and the said bishop then swore on the body of Jesus Christ and on the Holy Evangelists and on the Cross Neith and the Black Rood of Scotland loyally to hold and keep his said faith from the hour forwards to our lord king and his heirs king of England as fully contained in letters and in instruments. The day following this said fealty, when the said bishop of St Andrews was addressed by our lord king of England that he had occupied the said temporalities of his bishopric without licence and assent of him in great prejudice of the right of his crown as aforesaid and took from that time the issues and levies of the said bishopric, because he was not properly consecrated, recognised by mouth and by his writing sealed with his seal the said challenge of our lord the king to be true for which he put himself high and low at the will of our lord the king to answer to him for the said issues and levies and to be ready concerning this at his (the king’s) ordinance at whatever time that he (the king) wished to speak to him as stated by his said letters and public instruments done on this. After this when the king had established all the lands of Scotland to peace, and had put and assigned certain justiciars and guardians to keep the peace, and had retained the bishop in his council and had made him chief of these guardians ... and Robert de Bruce was raising himself by treason against his sovereign lord the King of England ... and had murdered John Comyn lord of Badenoch ... because John would not assent to the treason which Robert planned against the King of England; to rise up and make himself King of Scotland by his power, and had taken the castle of Dumfries and imprisoned the king's justices and ministers, and from there went to Scone ..., then the said Bishop of St. Andrews knew all the plots of Robert Bruce, even on the day he was with the king's council at Berwick to give advice about the crime done by Robert Bruce, ... and on the king's business in Scotland. He left them at night to go to Scone and honour Robert on the day he was crowned and called King of Scots. When the Bishop of Saint Andrews was going and holding with the Earl of Carrick, he saw the power which the king assembled in Scotland and, perceiving that the king's enemies would be unable to maintain their foolish and wicked enterprise long, he surrendered to Sir Aymer de Valence, the lieutenant of the king in those parts ... and asked that for certain business touching his church ... he be given leave to go and return after a short time. Sir Aymer, thinking that he would be loyal, suffered him to go, and the bishop, going to his men, men-at-arms as well as footmen, brought them to the Earl of Carrick to help him in battle with Sir Aymer. And for this Most Holy Father, that the said bishop bears himself wickedly against our lord the king of England in many ways as said above and especially that he was sworn to be of the council of our lord the king and was made chief guardian of his land of Scotland. Thus Holy Father at the time of the dismissal of the said bishop of St Andrews, master William Comyn brother of the earl of Buchan, who well and loyally holds to the faith of our lord king was elected by the chapter of the said church, and William Wallace who then was chieftain and governor of the people of Scotland who were rebels and enemies of our lord the king by force and against his will made William de Lamberton, then chancellor of Glasgow, to be elected as bishop of the said church … and if he would please you, in place of him, to make the said William Comyn bishop who has well and loyally held to the faith of our lord the king for which it is clear that he will be profitable for the estate of the church and the peace of the land also. Summary of the Jurisdictions around St Andrews from the Sixteenth Century Black Book Decision in the dispute between the Culdees and the Bishop concerning the Jurisdiction of land made through Thomas Randulph warden on this side of the Scottish Sea 1309 In the register of the Monastery of St Andrews were clauses concerning conferences held and concluded on a certain matter in dispute in which it was decided concerning the jurisdictions of the regality of the episcopate of St Andrews dated A.D. 1309 And it was found and in due and proper form made public that within the Boar’s Chase (Cursus Apri) there are but three baronies, to wit, the barony of the Lord Bishop of St Andrews, the barony of the Lord Prior of St Andrews, and the barony of the Culdees, which baronies with their inhabitants are held immediately of the Bishop of St Andrews and his Church, and of no other. Whence, by reason of the said holding, the foresaid baronies, as much by law as by established custom, are held bound to give suit and attendance at the Court of the said Lord Bishop and there to be concerned with … as well as the carrying out of other judicial acts concerning condemned persons. Further it was found that if any judgement within the court of the lord provost of the Culdees or of any barony within the Boar’s Chase is challenged by anyone, the same is to be appealed to the court of the lord bishop, and there judgement is to be determined and declared. Further it was found that if anyone inhabiting the said baronies has been seized outwith the Boar’s Chase either by bailies of the lord king or by others, he shall be claimed and repledged to the regality of St Andrews only by the justiciar of the Lord Bishop or his servants and not by any bailies of the said baronies. Moreover it was found and in due and proper form on the said day proclaimed that the Lord Bishop or his justiciar has the power of making investigation in all pleas of the king’s crown and concerning life and limb in the Boar’s Chase and what is more, that out of a plenitude of kingly power the Lord Bishop may, within the Boar’s Chase, give life and limb to the condemned. [Calendar of St Andrews Charters, SAUL B65/22, no. 4] Letters of Visitation by William Bishop of St Andrews (1369) Letters of visitation by William bishop of St Andrews to the abbot of Scone and to the prior and convent of the same, recording that on occasion of his visitation of their monastery made on the 23rd day of October in the year of our lord 1369 he has ordained as follows, viz: That divine service should be daily and piously observed at regular and accustomed hours by night as well as well as by day and that the Prior and other monks appointed to discharge duty should be present at morning mass and other hours unless excusably prevented, also that all canons, priests should, as often as they can , perform their masses and if any of them should omit doing so for more than three days, enquiry should immediately be made by the Abbot or Prior as to the cause of their absence from mass so long. Also that due silence in fitting times and places and other regular lawful and usual observances should be maintained. Also that the Abbot should give up a Statement and Account within the next six weeks of his office of Treasurer from the time when he intromitted (entered office) and that within the same time all other monastic officials should render accounts of their offices as is the custom elsewhere. Also that the Abbot should commit the office of Treasurer to any Canon who seems competent to discharge that office, but that he may nevertheless appoint as his assistant any canon, instructing and informing him as to the things pertaining to that office, so that the Abbot himself may to that extent be relieved of that burden, and have leisure to attend to the government of his monastery. Also that a plurality of offices should not be conferred on any one person when one person is scarcely able to rightly fill one office, and especially that the office of victualler should be deputed to one who is able to give daily attention to it. Also that order be taken regarding the fabric and repair of the church and buildings and that necessary artificers and workmen be employed for this purpose. And finally in order to avoid scandal, that women stay not continuously within the walls of the monastery, and especially that they be removed and kept at a distance from the sick ward and surgical chamber so that the sick may be able to have their bed chamber, their usual recreations and their proper and accustomed comforts without suspicion of evil. The forgoing ordinance for the improvement of divine worship and the amelioration of their own condition and that of the monastery he enjoins to be in all points implemented and firmly observed by the Abbot, the Prior and the Convent under canonical penalties, and that these letters should be presented to him at his next visitation. Given under seal at the place and date foresaid. [National Archives of Scotland, RH6/150] Confirmation of a charter of Bishop Wardlaw to his constable The king (James II) confirmed the charter of Henry Bishop of St Andrews which, with the consent of his chapter, granted to John Wemyss of Kilmany for his loyal council and help to the said bishop and performed and to be performed to the church of St Andrews by him and his successors in posterity, and to Janet Wardlaw his wife; the office of constable of the castle and city of St Andrews with the land of Muirton and Achokyre in the regality of St Andrews. Being held by the said John and Janet and the longer living of them and their legitimate heirs procreated between them, failing which the male heirs of the said John whoever, from the the said bishop and his successors. Making and upholding to the said bishop and his successors all the labours which are known to pertain to the said office, for all other services etc. Witnessing the which (the bishop’s charter): Malcolm Fleming lord of Cumbernauld, Master John Scheves doctor of decreets and official general of the diocese of St Andrews, John Lumsden sheriff of Fife, John Carmichael nephew of the said bishop, Dominus William Wishart his chamberlain, Dominus William Cairns his chaplain and vicar of Glamis; with the seal of the bishop and with the seal of the said chapter. [The king’s charter dated 10th August 1440] Register of the Great Seal of Scotland, ii, no. 244 Charter confirming the ‘Golden Charter’ to the Bishops of St Andrews The king (James III) confirmed the charter of King James II which with the consent of the three estates of his kingdom and on account of the deserving loyalty of James Kennedy bishop of St Andrews his cousin performed on many occasions, confirmed all earlier gifts made by his predecessors to the church of St Andrews and the bishop of the same church in perpetuity and gave the lands underwritten and others from his predecessors in free and special regality; viz – the lands of St Nicholas of Kinkell, Kingask, Byrehill, Fauside, Kilmonane, Kenlochquhy, Putky, Bonyngtoune, Balcaythly, Dunenoch, Stravethy, Balaly, Petarthy, Kynalldy-suthir, Kynaldy-northir, Gilmourtoune, Balrymont-Estyr, Carngoure, Lambeislethin, Priourislethin, Newgrange, Langraw, Balrymont-Westyr, Kylrynny, Invergelly, Invary, Kynlonchare, Balbuthy, Petcorthy, Murecambosse, Athirny, Lathame, Balgormo, Baldastard, Balmane, Scuny, Balbethe, Monfloure, Levynnis-brig, Methkyll, le Hache, Torre, Crannoch, Cavill, Bynnis, Urwell, Lathokir, Muretoune, Lathone, Raderny, Camerone, Fedynche, Keyrnis, Ballochin, Strakynnes, Wilkynston, Greigstone, Drumcarach, Lawdeddy, Kynninmonde, Baldunny, Arnydy, Claremounthe, Malgask-uvir, Malgask-nethir, Clattow, Balgrife, Stratirne, Kyncapill, Neutoune, Nydy-estyr, Nydy-westir, Kynnarde, Kenbak, Blabo, Myretoune, Deresy, Crag-fudy, Mydil-fudy, Westyr-fudy, Fengask, Burchle, Newmyll, Ballase, Kylmany, Freretoune, Kirkland of Luchris, Forgund, Priouris Kynmuck, Monymeyll, Lathane, Cunyochy, Muretoune-in-Luchris, Culluthy, Owthirmunsy, Berelais, Carny, Outhirrudirstudyr, Cragroyhill, Tarvat, Nethir-Tarvat, Gledny, Kyrkforthir, Balmalkyn, Balmungy and Machrise: furthermore it is granted to the said bishop and his heirs as he had, held and possessed his lands written here in special regality, viz the lands called Byschapis-schire, Muckart-schire, Scottis-crag and le Fery, Petcunty, Murefeld and the lands of the priory of Petynweme, viz Petynweme, Litill-Anstrudir, Fauside, Lyngow, Pettotyr, Crangbregis, Gradn-mure (sheriffdom of Fife) and the lands of Estir-Rynde and Westir-Rynde (sheriffdom of Perth); the which lands are incorporated into the regality of St Andrews. Being held in one special regality or regalia, called the regality of St Andrews in perpetuity with the four points and pleas of the crown; and furthermore the king willed that the tenants or renters of the said bishop and their goods dwelling between the waters of Forth and Tay should only be arrested in the ayres of justiciar and chamberlain in the courts of the bishop and in no way should they be brought together to pay royal taxation or tallage and he willed that the present donations should not be revoked by the king or his successors but they should defend the said powers and nothing else. (Owing) nothing except the saying of devotions and prayers for the king, his predecessors and successors [King James II’s charter granted at Edinburgh, 14th June 1452] Register of the Great Seal of Scotland, ii, no. 1444 Extracts from the Rental of the Archbishop of St Andrews (1543-1545) Account of Master Bernard Bailie rector of Lamington and Chamberlain, rendered at St Andrews, Wednesday 13th May 1545; involving arrears of Master Alexander Kinninmonth’s account (6th March 1543) and his own receipts and expenses (1543-4) Discharge Cutting and winning hay of Radernie, £4; of Monimail, 20s; fermes of the ward of Inchmurdoch in the Cardinal’s hands, 13s 4d; repair of dykes thereof, 5s; … Fee of the gardener of Monimail, 20s; also of the gardener of St Andrews Castle, 40s; of Ambrose Skyrling, janitor of the outer gate of the castle, 40s; of the watchman, 20s; of the sergeants or officers of Monimail, Scotscraig and Byrehills (40s each); also Byschopshire and Mukartschire (26s 8d each), Angus (£3 6s 8d), Keig and Monymusk (£3), Dairsie (50s), Stow (£3), Kyrkliston (53s 4d) – £17 3s 4d (Fee) of the laird of Lochleven bailie of Byschopshire and Mukartschire, £10; of Alexander Jardine, head cook, £6 13s 4d; … Sir Henry Balfour, to pay a Frenchman for 73 beche schulis and 6 stones 13 pounds of towys (cordarum) for work at the castle (as per the precept, St Andrews, July 23 1544) £5 1d; Alexander Myllar, fishermen in Pittenweem, for freight thence to St Andrews of 20 chalders of lime for the castle (as per the quittance of Sir Henry Balfour, one of the masters of work, St Andrews, June 19, 1544), £6 Sir Henry Balfour, iron and other materials (£5 8s 9d) to Master Wolf, gunner, to make a moyane culverini, fee of Robert Smyth and two servitors (£3 6s) working for 3 weeks, and a payment to Balfour himself (44s), in the castle garden … £10 18s 9d To Sir James Bickerton, master of work for the castle … £159 3s 6d … To Sir Michael Hog, almoner, for the poor from 19 Dec 1543 to 19 Aug 1544 inclusive … £33 4s To Archibald Campbell burgess of Dundee to buy certain puncheons of wine for the Cardinal’s use in St Andrews Castle … £110 Wages of household servitors of the Cardinal with their horses remaining outside the household from 9 Feb to end of that month 1543, from 10 March to 2 April 1544 and on to 8 … £336 18s To Alan Couttis for the expenses of the Cardinal and household from 10 March 1543 to 19 July 1544 … £583 14s 3d Fee of William Murray the household cook … 33s 4d Fee of Robert Hall, cook serving in the Cardinal’s kitchen, 28s To Alexander Gibsoun, cook and keeper of the capons and poultry, £3 6s 8d; Fee of Walter Hervey, keeper of the hall pewter, 20s; Of Rutlege and Troilles, kitchen boys, 30s Alexander Naper, saddler in St Andrews by mandate of Robert Lindsay, master of the stable to purchase necessaries for the horses and stable … £32 Master Andrew Oliphant … purchase of 132 chalders of lime in June and July 1544 for the castle (bought in Wemyss, Crail and St Andrews) … £98 11s 10d To Robert Hall in Kinghorn, 14 chalders of coal for the use of the Cardinal in the castle … £25 4s To John Beton of Balfour, captain of the castle, for the fabric thereof … £325 15s Andrew Moncrieff, the Cardinal’s servitor, sent from St Andrews to Stirling and Hamilton by mandate … 22s Master John Meffen to wash the ornaments of the altar of the chapel of St Andrews, also for bread and wax candles … 24s Robert Boswell for hire of horses to conduct Andrew Leslie son of the earl of Rothes from Edinburgh to St Andrews … 22s Drinksilver to a servant of the provost of St Andrews presenting a horse to the Cardinal 22s Robert Boswell for hire of a horse from Stirling to Castle Campbell and for expenses of conducting an Italian auditor to Lindores 44s An indweller in Muckhart to lead the way to Kincardine with the Cardinal 10s Two servants sent from Kincardine to Doune Castle to bring back two silver flasks of the Cardinal, 22s Robert Boswell to hire horses to bring the coffers of the Cardinal from Kincardine to St Andrews, 12s Freight of materials for Master Wolf engineer from Limekilns to St Andrews to make guns, 44s For the gardener of St Andrews monastery (14 Aug 1544) presenting artichokes to the Cardinal, 22s A man bringing iron bullets from Dunbar Castle to St Andrews Castle, 44s; culveriners who came to be hired by the cardinal, 22s; 21 barrels of ale received from John Dikesone for the Cardinal and household in Edinburgh, £28; John Pardovane, George Hepburn and Thomas Davidson servitors remaining in St Andrews Castle, 34s; David Smyth watchman of the castle (Martinmas 1543 – Whitsun 1544), £6 13s 4d Master John Arnott for gunpowder bought by him for John Beaton of Balfour captain of the castle … £28 6s 8d Metals and other necessaries for Master Wolf, engineer, to make a culverayne moyane £134 11s 7d Petty expenses of of Sir Andrew Myll, by boat from Edinburgh to St Andrews with the Cardinal’s great tapestries, £4 11s 8d; Expenses of James Symsoun sent from St Andrews to Leith to receive the Cardinal’s wine Account of Master Robert Auchmouty, granitarius, rendered at St Andrews Castle, Wednesday 16th Sept 1545 … 210 chalders of coal put in the castle for the Cardinal, the captain and their households, from May 1543 to August 1545 … £404 15s 1d; For carters of St Andrews taking the coals from the harbour to the castle … £21 11s 6d; Servitors carrying them into the coal-house … £7 6d Part of the expenses of the Earl of Arran’s eldest son, John Beaton of Balfour the captain, servitors, household and guards in the Cardinal’s absence, paid by the accountant to William Patterson, provisor at the castle (April 1544-August 1545), £351 7d To Sir James Bickerton, master of works at the castle, for the fabric at various times … £153 11s 8d Clothes for the pages Claude and Guthrie, another little page named Prophet, and the servant of the Lord of Tullibardine detained captive in the castle for two years from 1 Nov 1543 … £35 5s 8d 26½ ells of white woollen cloth, coarse and broad, for 6 pairs of double blankets, and 52 ells of coarse linen for 6 pairs of sheets for the beds of the guards (castellanorum), delivered to John Beaton of Balfour … £7 7s 3d; 3 pairs of fine linen sheets delivered at Little Monimail when the Earl of Huntly was entertained there (which were not restored after his departure), 50s Part payment to Robert Smyth in Argyle, working with Master Wolf the engineer, at the making of a gun in the castle … £3 6s Rentale Sancti Andree 1538-1546, Scottish History Society (1913), 175-200
The Leges Burgorum, translated by Ann Matheson (2011)
i. Concerning the King’s rents in burgh tenures 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. ii. Concerning newly created burgesses 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. iii. Concerning taking strangers(upland men) into custody in the burgh 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. iv. Poinding a burgess through another burgess A burgess cannot poind another burgess without the permission of the burgh grieve. v. Concerning things loaned by a burgess to a stranger (upland man) 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) vi. Concerning complaints in the burgh 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. vii. Concerning complaints outwith the burgh 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. viii. Concerning a complaint between a burgess and a merchant If a complaint is raised between a burgess and a merchant, it shall be ended within three tides of the sea. ix. Concerning merchandise that arrives in ships 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. x. Concerning land owned for a year and a day 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. xi. Concerning a rural dweller from outwith the burgh 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. xii. Concerning the challenge of a burgess by a stranger (upland man) 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. xiii. Concerning the battle of the burgess 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. xiv. Concerning the freedom of a burgess’s son 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. xv. Concerning another man’s slave entering the burgh 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. xvi. Concerning the foreign merchant No foreign merchant can buy wool or hides or other merchandise either outside or within the burgh unless they are bought from burgesses. xvii. Concerning bloodwit and suchlike things And let it be known that within the burgh bloodwit will not be heard nor stokisdynt nor market nor herezald nor any such things. xviii. Concerning ovens lawfully held Every burgess of the king may have an oven upon his own land but no one else other than the king’s burgess. xix. Concerning the forfeit of bread and ale 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. xx. Concerning the buying and dyeing of wool No one but a burgess can buy wool for dyeing or make or cut cloth. xxi. Concerning the disposal of lands of conquest Any burgess can give away or sell his lands of conquest and go wherever he wishes freely unless the lands are in dispute. xxii. Concerning a burgess who is too old to fight 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. xxiii. Concerning the hereditary succession of a burgess who has died 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. xxiv. Concerning a burgess who has several wives 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. And the second wife will not remain in the house of the first heir after her husband has been dead for 40 days. xxv. Concerning dissent among foreign sailors 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. xxvi. Concerning the accusation of theft by an uplandman 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. xxvii. Concerning a new burgess having kirset 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’) xxviii. Concerning oath swearing on account of debt (owed to a burgess) 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. xxix. Concerning an oath between a burgess and an uplandman 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. xxx. Concerning how to conduct the swearing of witnesses 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. xxxi. What a burgess can say on his wife’s behalf 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. xxxii. Concerning taking plunder from uplandmen 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. xxxiii. Concerning obstacles of custody 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. xxxiv. Concerning the borrowing of impoundings from rural areas 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. xxxv. Concerning those not permitted to be poinded 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. xxxvi. Concerning the annual rent of the brewers Whoever brews throughout the year will give the alderman 4 denarios; 2 denarios for half a year. xxxvii. Concerning the rents of tradesmen and merchants 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. xxxviii. Concerning oath-taking for breaking assize 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 (?) xxxix. Concerning the maximum forfeit in the burgh 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. xL. Concerning the main courts throughout the year 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. xLi. Concerning burgh tenure given in a free marriage 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. xLii. Concerning land sold out of necessity (for reason of poverty) 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. xLiii. Concerning the challenge of land within the burgh 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'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. xLiv. No burgess can take custody of another burgess 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. xLv. Concerning a challenge in pilgrimage 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. xLvi. Concerning a castle and a burgess 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. xLvii. Concerning the organisation of litigation in the burgh 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. xLviii. Concerning measures and weights 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. xLix. Concerning him who wants to be a king’s burgess 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. L. Concerning destruction by fire 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. Li. Concerning the borrowing of a burgess outwith the burgh 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. Lii. Concerning entering and leaving sold land 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. Liii. Concerning legally taking property from a farm 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. Liv. Concerning a stranger distrained in the burgh 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. Lv. Concerning goods lent to the baillies of the castle 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. Lvi. Concerning a burgess summoned to the king’s court. 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. Lvii. Concerning a burgess challenged and not having surety 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. Lviii.Concerning a person in the burgh smitten with leprosy 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. Lix. The sale of bread or ale by baillies No alderman baillie nor beadle can make bread or ale to sell. Lx. Concerning bakers and fish sellers 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. 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. And the same goes for sellers of fish. Lxi. Concerning the customs of ovens 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. Lxii. Concerning servants in the mill 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. Lxiii. Concerning the office of maltster (brewer) and their forfeits 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. 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 . Lxiv. Concerning the office of fleshers (butchers) 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. Lxv. Concerning animals to be sold and slaughtered 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. Lxvi. Concerning hawkers 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. Lxvii. Concerning sellers in general in the burgh 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. Lxviii. Concerning false weights or measures 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. Lxix. Concerning the public crier consenting to falsity 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. Lxx. Concerning the election of burgh officials 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. Lxxi. On choosing the criers in the burgh 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. Lxxii. Concerning forestallers in the burgh 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. Lxxiii. Concerning fish brought for sale 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. 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. Lxxiv. Concerning a burgess taken into custody for any misdeed 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. Lxxv. Concerning the time of coming to litigation in the burgh 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. Lxxvi. Concerning challenges made by aldermen or baillies 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. Lxxvii. Concerning the protection of pilgrims 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. Lxxviii. Concerning a man challenged by many challenges 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. Lxxix. Concerning land put in pledge in the burgh 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. Lxxx. Concerning those who are within (under) age 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. Lxxxi. Concerning the manner of the burgh watch 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. Lxxxii. Concerning the complaint of a man made blue and bloody 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. Lxxxiii. Concerning those convicted of giving false witness Whoever is convicted of perjury or giving false witness shall never more be heard in giving judgement or bearing witness. Lxxxiv. Concerning having pigs in the burgh 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. Lxxxv. Concerning not putting up men arriving in the burgh 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. Lxxxvi. Concerning establishing peace in the fairs 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. Lxxxvii. Concerning stolen goods found in fairs 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. Lxxxviii. Concerning fugitives found in fairs 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. Lxxxix. Concerning a burgess who has drawn another into making a pledge 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. xc. Concerning a burgess who owes debt 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. xci. Concerning fraudulent redemption of land sales 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. xcii. Concerning excuses in the burgh 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. xciii. Concerning the shoemaker’s tanning No shoemaker tanner can buy hides for tanning at a higher price than that which has horns and ears of equal length. xciv. Concerning the merchant guild 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. xcv. Concerning lands given for feu farm 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. xcvi. Concerning a man who admits to having done wrong 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. 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. xcvii. Concerning taking a burgess from another burgh into custody 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. xcviii. Concerning the custody of a burgess’s heir 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. xcix. Concerning a burgess evicted from his property 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. c. Concerning mis-calling the alderman 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. ci. Concerning a burgess not transferring lands if he is ill 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. cii. Concerning the castellan in the town 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. ciii. Concerning wool-combers leaving the burgh 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. civ. Concerning widows selling in the burgh If a widow living in the burgh wants to trade with her neighbours, she must help them in all things and vice versa. cv. Concerning the election of liners within the burgh 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. cvi. Concerning the transfer of the chief tenement 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. cvii. Concerning the transfer of lands through necessity 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. cviii. Concerning lands given by a father to his children 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. cix. Concerning excuses and delays 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. cx. Concerning a summons made by the king’s servants 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. cxi. Concerning possession (of land) granted in the burgh 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. cxii. Concerning the keeping of laws in the burgh 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. cxiii. Concerning debt and borrowing 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. cxiv. Concerning the sale of hereditary burgage 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. cxv. Concerning the dividing up of a burgess’s goods 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. cxvi. Concerning equipment and household goods pertaining to a burgess’s heir 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. cxvii. Concerning a burgess attached within the burgh 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. cxviii. Concerning the transgression of a burgess’s wife 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. cix. Concerning the lining of land in the burgh 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.
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). http://library.st-andrews.ac.uk/search/Y?search=ancient+laws+and+customs+of+the+burghs+of+scotland
The Church of St Andrews and the Scottish Parliament
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.
‘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. 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.’
K.M. Brown et al eds. (St Andrews, 2007-2015). All entries can be found at http://www.rps.ac.uk/
[A1321/7/1] Letters: patent of Agnes de Mordington recording the sale of Glanderstone in Garioch at parliament 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. [1339/1] Letters: Robert the Steward to John Douglas, keeper of Loch Leven 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. [1366/7/18] The amount of taxation and of the true value of churches presented in the aforesaid parliament The bishoprics Galloway by the old assessment, £368 15s 6d by the true value, £143 20d Argyll by the old assessment, £281 6s 8d by the true value, £133 6s 8d Aberdeen by the old assessment, £1,492 4s 4d by the true value, £1,358 17s 8d Ross by the old assessment, £320 7s 11½d by the true value, £246 12s Dunblane by the old assessment, £607 13s 4d by the true value, £376 13s 4d. And £30 19s 4d from the bishop's lands. Brechin by the old assessment, £441 3s 4d by the true value, £321 16s 8d Moray by the old assessment, £1,418 11s by the true value, £559 8s 8d Caithness by the old assessment, £286 14s 10½d by the true value, £86 6s 8d Dunkeld by the old assessment, £1,206 5s 8d by the true value, £602 13s 4d Glasgow 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. by the true value, £2,028 10s 6½d excepting Annandale and the many churches of the said deaneries at the fealty as above. St Andrews 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. by the true value, £3,507 except the deanery of Merse which extends to approximately £120. 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 Sum total of the true value of the same except as above, £9,396 6s 6d [A1371/1] Non-parliamentary record: account of the coronation of Robert II and the homage given to him by the prelates and magnates 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. [1416/1] Letters: transcription of Edward III's renunciation of claim to Scotland, 1 March 1328 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'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. 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. 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. 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 'Edward by the grace of God king of England, lord of Ireland, duke of Aquitaine'. 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 'Edward by the grace of God king of England, lord of Ireland, duke of Aquitaine'. 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. 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. 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'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. 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'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. [1466/26] Judicial Proceedings 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's council shall have the full power of the parliament and of all other courts for deciding the said action. [A1469/1] Legislation: confirmation of papal indult In our sovereign lord'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'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's and his successor'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'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'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'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. [1471/5/45] Judicial Proceedings 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. [1479/3/20] Transumpts and confirmations: of acts concerning the clergy and privileges of St Andrews 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: In our sovereign lord'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's lieges, that therefore the said licence and privilege shall be observed and kept by our sovereign lord'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'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'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'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'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. 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. 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. Letters: confirmation of charters to William Scheves and diocese of St Andrews [1479/10/9] 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. [1479/10/10] 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. [1479/10/11] 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. [1479/10/12] 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: 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's inhabitants of both sexes, which, with God'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'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. This, our father'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. [A1482/3/5] 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. [1483/3/46] Judicial Proceedings 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. [1484/10/15] Judicial Proceedings 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. [1485/5/14] […] 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'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'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. [1485/5/16] 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. [1485/5/18] 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's, and that the lords of the three estates write their letters of such similar supplication according to our sovereign lord's writing. [A1493/5/7] 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'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]. [A1493/5/8] 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'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. [1546/7/69] Judicial proceeding: sentence of forfeiture 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'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'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.
The cross on the back of the Rosermarkie Cross Slab
Featuring interlace and four bosses. Surrounded by a key pattern border.
The Clach an Tiompain (in English, the "Sounding Stone") or The Eagle Stone is a small Class I Pictish stone, located on a hill on the northern outskirts of Strathpeffer in Easter Ross, Scotland. The stone was originally located further down the hill, towards Dingwall, but was moved to its current site in 1411. One old traditional story, is that the stone marks the site of a Scottish clan battle that took place in 1411 between the Clan Munro and a branch of the Clan MacDonald, and that the stone commemorates a Munro victory as it is marked with their symbol, an eagle.
The first explorations of the Trans-Allegheny region by the Virginians, 1650-1674
Not under copyright, scanned by The Library of Congress
Käthe Kollwitz, The Grieving Parents (1932)
The memoirs of Rufus Putnam and certain official papers and correspondence
Not in copyright, scanned by University of California Libraries
The mound-builders : a reconstruction of the life of a prehistoric American race, through exploration and interpretation of their earth mounds, their burials, and their cultural remains
Not in copyright, scanned by University of Connecticut Libraries
Photograph of a cross-section of Seip Mound