The history of the American Indians
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A Letter on the Supposed Fortifications of the Western Country
Transactions of the American Philosophical Society
History, manners, and customs of the Indian nations who once inhabited Pennsylvania and the neighboring states
A push forward across an Iceland Fjord near sunset.
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American Antiquities and Discoveries in the West
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 Town of St Andrews and the Scottish Parliament
‘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.’ All entries can be found at http://www.rps.ac.uk/
K.M. Brown et al eds. (St Andrews, 2007-2015).
[A1304/1] Proceeding: summons to parliament The king to Sir Nicholas de la Hay, greeting. We command you, strictly enjoining you, by the faith which you owe us, to be at our parliament in the town of St Andrews this next Monday in mid-Lent, by all means. Wemyss, 5 March [1304] [1309/1] Letters: by the magnates of Scotland to Philip IV, king of France To the most Christian and triumphant prince and reverend lord the lord Philip [IV] by the grace of God illustrious king of the French, William, earl of Ross, Malcolm, earl of Lennox, William, [earl of Suther]land, and the communities of the earldoms of Fife, Menteith, Mar, Buchan and Caithness, the heirs of which are in ward, likewise the communities of all the other earldoms of the kingdom of Scotland [except] [D]unbar; Edward de Bruce, lord of Galloway, James the steward of Scotland, Alexander de Argyll, Donald de Islay, John de Menteith, Hugh, the son and heir of the earl [of Ross], Gilbert de Hay, constable of Scotland, Robert de Keith, marischal of Scotland, Thomas Randolph, lord of Nithsdale, James, lord of Douglas, Alexander de Lindsay, Alexander de [Fraser], [William] Wiseman, David de Barclay, Robert Boyd, barons; and also all of Argyll and the Hebrides and the inhabitants of all the kingdom of Scotland recognising the fealty of the lord Robert by the grace of God king of Scotland, all [... ... ....] Your credence having been revealed to us in writing, and having been fully understood [by us], in the full parliament of our lord the king solemnly held not long ago at the city of St Andrews, impressed upon our minds the joyfulness of [your] devot[ion] [... ... ....] For we conclude that your majesty’s mind is devoutly disposed to take on the business of the Holy Land, to prosecute which all followers of the Christian faith justly ought to strive and with humble devotion incline their hearts [... ... ...,] we saw that it was contained [in your letter] that your royal grace considers and calls to mind the treaties between the kingdoms of France and Scotland, made long ago and confirmed; also the losses, harms and injuries which the inhabitants of the kingdom [... ... ...] have suffered in many ways hitherto. The particular and special affection which, in that credence, you say you have towards the person of our lord Robert by the grace of God king [of Scots ... ...] [whom] justice and truth and the grace of the King of Kings has raised up as our prince and leader, cheers our hearts above all else. We therefore noting, with heartfelt feelings, the aforesaid, as we are bound in duty to do [... ... ...] [?commend] your right royal devotion towards the business of the Holy Land, and for the affection which you have towards our lord the king, and we return thanks as best we can to your majesty for restoring the liberties and rights of the kingdom of Scotland, praying to God that ‘by the bowels of mercy of Jesus Christ’ that you may bring to fulfilment the devout purpose which you have conceived in your mind, trough our Lord’s inspiration in relation to the aforesaid, with holy desire, and efficacious eagerness and a safe outcome. May your royal majesty deign to take note, with pious mind, that in the exaltation of Christian princes the name of Christ is extolled and the Catholic faith strengthened. If, therefore, the standing of our lord [the king whom] we say unanimously is [... ... ...], is exalted and the kingdom of Scotland returns to its former free condition, the tempests of war having been quelled and secure peace having been granted, then your royal highness will be able to have as supporters to achieve the end of your desire, the service of God, and to come to your help, not only our lord the king aforesaid, but also the inhabitants of his kingdom as best they are able. And as [evidence of] the aforesaid things [... ...] clearly these letters sealed by our seals were commanded to be sent patent to your highness. Written and given at the city of St Andrews in Scotland 16 March 1308 [1309] and in the third year of our lord King Robert’s [reign]. • [Named Tags and Seals] • [Tag 1] • The seal of William, earl of Ross • William Wiseman; David de Barclay. • [Tag 2] • The seal of Malcolm, earl of Lennox. • [Tag 3 blank] • [Tag 4] • The seal of James the steward of Scotland. • [Tag 5] • The seals of John de Menteith; Donald and Nigel Campbell, brothers. • [Tag 6] • The seal of Gilbert de Hay. • [Tag 7] • The seals of Robert de Keith; Edward de Keith. • [Tag 8] • The seal of Hugh de Ross. • [Tag 9 missing] • [Tag 10] • The seal of Sir Thomas Randolph. • The seal of Gillespie MacLauchlan. • [Tag 11] • The seal of William de. • [Tag 12] • The seal of Alexander Fraser. • [Tag 13] • The seal of Thomas Campbell. [1309/2] Letters: ‘The Declaration of the Clergy’ To all Christ’s faithful to whose notice the present writing shall come, the bishops, abbots, priors and others of the clergy located in the kingdom of Scotland give greeting in the [name of] the author of salvation. Be it know to all of you that when an occasion of dispute arose between the lord John de Balliol, formerly king of Scotland established de facto by the king of England, and the late lord Robert de Bruce [earl of Carrick] grandfather of the present King Robert, namely which of them was nearer by right of blood to governing over the Scottish people, the faithful people without doubt always held, as it had understood and believed to be true from their ancestors and forefathers, that the said Lord Robert, the grandfather, was the true heir after the death of King Alexander [III] and his granddaughter, [Margaret,] daughter of the king of Norway, and [was] to be given preference before all others for the government of the kingdom. Yet, as the enemy of the human race sowed tares, by the various tricks and stratagems of rivals which would be long to narrate individually, the matter was turned in the opposite direction, by reason of which reversal and deprivation of the royal dignity grave harm has since occurred to the kingdom of Scotland and the inhabitants of the same, as experience of events, the mistress of circumstances often repeated hitherto, has manifestly revealed. Therefore, the common folk and people of the aforesaid kingdom of Scotland, worn out as it is by the stings of many tribulations, seeing that the said John had been captured and incarcerated by the king of England for various reasons, and, because his sins demanded this, had been deprived of people and kingdom, and the kingdom of Scotland had been betrayed and reduced to slavery by him, laid waste by a vast plundering, imbued by the anguish of constant sorrow, made desolate for the default of right governance, exposed to every danger and given to the occupier; and the people despoiled of their goods, tortured by war, made captive, bound and incarcerated, oppressed, overthrown and enslaved by the slaughter of immeasurable innocents and by continual burnings, and near to perpetual ruin unless speedy repair should be brought by divine counsel concerning such a disfigured and desolated kingdom and its governance; by the providence of the King most high under whose authority kings rule and princes govern, unable to bear any longer such numerous, great [and] heavy injuries, more bitter than death, often befalling their affairs and bodies for default of a captain and faithful leader, they agreed on the said Lord Robert, the present king, in whom the rights of his father and grandfather to the aforesaid kingdom still reside and thrive incorrupted in the judgement of the people, by authority of the Lord. And by the knowledge and consent of the same people he was received as king so he might restore the defects of the kingdom and correct things needing to be corrected, and might steer those that lacked guidance. And by their authority the aforesaid king of Scots was solemnly endowed with the kingdom, with whom the faithful people of the kingdom wish to live and die as with he who, by the right of blood and the other cardinal virtues, is fit, [as] aforesaid, to govern, and is worthy of the name of king and the honour of the kingdom, because, by the grace of the Saviour, he has repaired such a damaged and forsaken kingdom by repelling injury with the sword, just as many previous princes and kings of Scots repaired, gained and held the kingdom, formerly often forsaken, by the sword in former times, as is more plainly contained in the magnificent ancient records of the deeds of the Scots, and as the warlike efforts of the Picts against the Britons and the Scots against the Picts, [who were] driven out of the kingdom, with many others [who were] long ago forced to flee, conquered and expelled by the sword, manifestly bear witness. And if anyone, to the contrary, should claim right in the aforesaid kingdom by letters sealed in the past containing the consent of the people and common folk, you should know that all this arose de facto by force and violence which it was not then possible to resist, and amid numerous fears, tortures of bodies [and] various terrors which could well have disturbed the senses and minds of perfect men and destroyed steadfast people. Therefore we, the bishops, abbots, priors and other clergy, knowing the firm truth of the foregoing things from previous assessment, and heartily approving them, have made due fealties to the said lord Robert, our illustrious king of Scotland, and which we recognise and declare by the tenor of the present [letters] will be done to him and his heirs by our successors in the future. And in sign of the testimony and approval of all the aforesaid things, not compelled by force nor induced by deceit or by lapse of error, but by a pure, perpetual and spontaneous wish, we caused our seals to be appended to this writing. Given in the parliament held at St Andrews in Scotland on 17 March in the year of grace 1308 [1309]. [1370/2/40] Enrolment between the bishop of St Andrews and the burgh of Cupar And because a great controversy had been moved between the lord [William de Landels], bishop of St Andrews, and his citizens and inhabitants of the city of St Andrews on the one part, and those who called themselves the guild brethren within the burgh of Cupar on the other, because the said persons of Cupar, claiming to be infeft by the king concerning the said guild, were unwilling to permit the men or inhabitants of the said city of St Andrews to hold a market in their town for selling wool, pells and hides and other things which, as they claimed, ought to pertain to their guild alone, the said lord bishop with his said men alleging the contrary; and asking our lord king time and again, and with great insistence, to see that what was right and proper should be done for them, our lord king himself assigned to both the said parties a day on which to compear in the present parliament to receive a decree concerning the said controversy. Wherefore on Saturday, the sixth day of parliament, the said lord bishop compearing with his advocates related that he was unjustly disturbed, harmed and perturbed by the burgesses of Cupar, who called themselves guild brethren, in his possession, which he and his predecessors had, by reason of the church of St Andrews, from a time from beyond memory, for carrying out merchandise through his men, namely of the city of St Andrews, for wool, hides and other such things to be sold in the market square of the burgh of Cupar. And they had influenced on him the aforesaid perturbation, disturbance and harm for a long period, and likewise after the king’s inhibition thereupon made to them duly and legally and publicly proclaimed; and this he confirmed by offering his pledge, by which he asked to be restored to his pristine possession and for amends to be made of the damage and harm having been inflicted on him and his, which damage and harm he assessed at the sum of 1,000 merks. And the burgesses of Cupar compearing there, namely Duncan de Balfour, calling himself an alderman, and three others, all the others being absent, denied [the case] plainly and simply [by claiming] the said lord bishop was not in such possession, but that they [were] from a long time ago. And it was asked of them both if they wished in their and the community’s name to gainsay the said pledge found by the said bishop against them, and they refused to do this, claiming themselves not to have a day or place then for the exhibition of any of their evidence. And thus the court having consulted decreed that the bishop ought to be restored to his possession, reparation to be made to him of the damage and harm which he shall justly be able to prove in the presence of the justiciar. And the justiciar was expressly given commands in that place that, on the day to be assigned to him in the king’s letters to be directed to him, he should make the burgesses of Cupar compear in his presence and make accusation of each of them on the king’s behalf, namely as much of those who were absent as the four previously named persons, assessing the king’s harm for the breaking of his inhibition proclaimed for each person at £100; and that the said four who compeared should immediately be placed under certain pledges and sureties and under certain penalties to compear in his presence at the said day and place to be assigned and to stand to law in that place; and that until then, concerning all these things, satisfaction should be done to the said lord bishop and his men of the wrongful damage and whatsoever harms inflicted upon them, as reason shall demand and the order of law shall dictate. [1370/2/41] Judicial proceeding: the presidents of parliament’s judgement in a dispute between St Andrews and Cupar In the parliament held at Perth on 7 February, the venerable father [William de Landels], the bishop of St Andrews, in his name and [in the name] of the city of St Andrews, and several of the citizens of the city of St Andrews, in their names and [in the names] of the other citizens of the same city, from one party, and Duncan Balfour, who calls himself alderman of Cupar, and three other burgesses of Cupar in Fife, calling themselves brothers of the guild within the said burgh, from the other, compearing in the said parliament, since after a substantial controversy has been moved and continued for a long time between the said parties, concerning the purchase of fleeces, pells and hides and other things which are known to pertain to the guild, within the said burgh of Cupar by the said citizens, our lord king, wishing finally to settle the said controversy, caused the said parties with due solemnity to be assembled and legitimately summoned to his said parliament, in order to have and receive full justice in that parliament concerning and upon the said controversy. The said lord bishop [compeared], accompanied by certain citizens of the city of St Andrews as his assistants, in his name and [the name] of his church, and of them and of the others [mentioned] above, and said that, although he and his predecessors and the said citizens had been and were freely in possession of a kind of right of buying fleeces, hides and pells, and the other things [mentioned above], however great, pertaining to the guild, within the said burgh of Cupar, by the citizens and inhabitants and other subordinate people of the same city, from a time beyond the existence in men’s memories of a different situation, the burgesses of Cupar, notwithstanding that for the part of the said lord our king it had been prohibited for them by public proclamation to in any way presume to disturb or disquiet the aforesaid bishop or the citizens of his city violently in the matter of the aforesaid right except by the way and form of common justice, have presumed to violently and de facto and rashly to disturb and disquiet this bishop and his citizens of his citizens of his said city and their servants and households in his same right of selling fleeces, hides, pells and the other things which [were mentioned] above, to the grave prejudice and harm of him and his church and his citizens. And this he, being in the same place, affirmed by his pledge, and asked that he and his said citizens to be restored [and] returned to the pristine possession of their right, if and in as much as they were rashly and de facto disturbed by the said burgesses of Cupar, and amends is to be made concerning the harm and injury inflicted upon him and his, which harm is assessed at the amount of 1,000 merks sterling, and moreover the same burgesses of Cupar are to have silence imposed on them that they should not presume to trouble him or his said citizens further concerning this otherwise than by the way and form of common justice. The said Duncan Balfour, calling himself alderman as above, and the other three burgesses, his assistants as aforementioned, denied similarly and expressly the pretended possession by the said bishop and citizens of St Andrews, asserting themselves and their fellow burgesses, brothers of the guild of Cupar, to have been and to be the solely and collectively in possession of the right to sell fleeces, pells and hides, and the other things which [were mentioned] above, for a great time past. And when they had been asked on the king’s behalf if the pledge against them was found by the bishop, the said alderman and burgesses would then wish to oppose [him] according to the laws and customs of the realm approved hitherto, [and] they have refused to do this, expressly claiming themselves not to be held for, etc, because they did not have a suitable day or place for showing their evidence to [enable them] to contradict the said pledge being thus found. Which things thus having been done and both parties having withdrawn, and diligent deliberation and negotiation having been had concerning this by the presidents of this parliament in the king’s presence and having been found in writs that the said pledge was not opposed by the said burgesses, the parties were recalled and returned to the presence of the king and of those who were presiding for giving justice in the said parliament. It was decreed by the presidents of the same parliament and adjudged by way of sentence that the bishop of St Andrews and his said citizens in the name which [is stated] above, are to be returned and restored and they returned and restored them in so far as it was in their power to the possession of the said right. And the adverse party was to be held and ought to be held to make satisfaction to them concerning the harm and injury which can be justly proved in the presence of the king’s justiciar at the day and place to be assigned to them by the said justiciar concerning this. And silence was imposed upon the said burgesses of Cupar by the same presidents of the parliament that they would not presume to trouble the said bishop or his said citizens further concerning this other than by the way and in the form of law and according to the laws of the kingdom approved hitherto. And the justiciar then being present and receiving mandate was commanded that at a certain place and day to be assigned to him by the king’s letters he should convoke and convene to that place in the presence of the burgesses of Cupar, whether being absent from the said parliament or the said four who were present in the same place, and that he should accuse each of them on the king’s behalf of violation of the king’s prohibition thus publicly proclaimed, as aforementioned, and of the presumptuous act attempted against his prohibition by them, assessing the harm and disparagement of the king against each of them concerning this at £100 sterling. It was also decreed by the same presidents of the parliament that the same justiciar [should require] certain and secure pledges from the same four burgesses of Cupar then present in the same place for compearing in his presence under certain penalties at the said day and place to be assigned as aforementioned and for standing to law in the same place, and that then the same justiciar should cause the said lord bishop and his men to be satisfied concerning whatsoever damages, injuries and harms inflicted on them as reason should demand and the order of justice should dictate. [1402/5/1] Letters: narrating the inquest into the death of David Stewart, duke of Rothesay and the role of Robert Stewart, duke of Albany, and Archibald Douglas, earl of Douglas Robert, by the grace of God king of Scots, to all to whose notice the present letters shall come, greeting. Whereas recently, our most beloved Robert [Stewart, 1st] duke of Albany, earl of Fife and Menteith, our brother german, and Archibald [Douglas, 4th] earl of Douglas and lord of Galloway, our son according to law by reason of our daughter who he took as wife, caused our very beloved firstborn son the late David [Stewart, 1st] duke of Rothesay and earl of Fife and Atholl, to be captured and personally arrested, and first to be guarded in St Andrews castle and then to be detained in keeping at Falkland, where, by divine providence and not otherwise, it is discerned that he departed from this life; they, compearing in our presence in our general council begun at Edinburgh on 16 May 1402 and continued for several days, and interrogated or accused upon this by our royal office of the capture, arrest, death as is expressed above etc., in this manner, confessing everything that followed thereafter, they set out in our presence the very causes that moved them to this action, which, as they asserted, constrained them [to act] for the public good, which we considered should not be imputed as a crime to the present persons and [are] outside the case; [then] when diligent enquiry had been made into this, when all and singular matters which should be considered in a case of this kind and which touch on this case had been considered and discussed by prior and mature consideration of our council, we consider as excused the aforementioned Robert, our brother german, and Archibald, our son according to the laws, and anyone who took part in this affair with them, that is any who arrested, detained, guarded, gave them advice, and all others who gave them counsel, help or support, or executed their order or command in any way whatsoever, and in our said council we openly and publicly declared, pronounced and determined definitively and by the tenor of this our present document declare, pronounce, and by this definitive sentence judge them and each of them to be innocent, harmless, blameless, quit, free and immune completely in all respects from the charge of lese majesty against us, or any other crime, misdemeanour, wrongdoing, rancour and offence which could be charged against them on the occasion of the aforesaid. And if we have conceived any indignation, anger, rancour or offence against them or any of then, or any person or people participating with or adhering to them in any way, we now annul, remove and wish those things to be considered as nothing in perpetuity, by our own volition, from a certain knowledge, and from the deliberation of our said council. Wherefore we strictly order and command all and singular our subjects, of whatever standing or condition they be, that they do not slander the said Robert and Archibald and their participants, accomplices or adherents in this deed, as aforesaid, by word or action, nor murmur against them in any way whereby their good reputation is hurt or any prejudice is generated, under all penalty which may be applicable hereafter in any way by law. Given under testimony of our great seal in our monastery of Holyrood at Edinburgh on 20 May 1402 in the thirteenth year of our reign. Legislation [1431/10/2] On which day, the twentieth day of the beforesaid month, for the resistance of the king's rebels in the north land and the costage to be made thereupon, it is fully consented by the three estates, ordained and concluded, that there be lifted and raised a contribution, that is to say in all lands of the realm where the yield of two pennies was raised, there now be ten pennies raised. And where the two pennies was not raised there now be raised twelve pennies of each pound. And that this contribution be taken through all the realm from all mails of lands and rents of holy kirk, as from temporal lord. No goods of lords or burgess excepted save the extent of the mails of the lords' own demesnes held in their own hands, mails of burgess houses held within burghs inhabited by themselves, and with their own goods from which they take no mail, ridden horses and drawn oxen only excepted, from which no yield shall be raised. Moreover this contribution shall be taxed and raised with all speed possible, brought and delivered to the auditors of it, that is to say [John Hailes] abbot of Balmerino, [Walter Bower] abbot of Inchcolm, Sir John Scrimgeour, [and] John of Fife of Aberdeen, who shall begin their accounts on the next morning after the feast of the Purification of Our Lady [2 February] next to come at Perth, if the pestilence is not there, and at St Andrews if it is there. Which auditors shall put this contribution in a chest of four keys, of which keys each one of them shall have one. And that chest to remain in the castle of St Andrews under the keeping of [Henry Wardlaw] bishop [of St Andrews], and [James Haldenstone] prior [of St Andrews]. And in the case that peace is made in the meantime, this contribution shall remain under the same keeping in deposit for the common profit and use. Which done, the king commanded parliament to be continued to Monday 22 of the foresaid month. [1431/10/6] Letters: letter under the great seal narrating proceedings concerning a dispute between the city of St Andrews and the burgh of Cupar James, by the grace of God king of Scots, to all his good men to whom these present letters shall come, greeting. Know that in the month of October and on the sixth day of our parliament held at the burgh of Perth in the year written below [1431] in the presence of the deputies of the said parliament chosen and put in place for the determination and decision of causes and complaints, namely the venerable fathers and circumspect noblemen John [Bulloch] bishop of Ross, William [de Blair] abbot of Coupar Angus, Mr John MacGillhauch, provost of Lincluden, Nicholas de Atholl, doctor of decreets, precentor of Dunkeld, Walter de Haliburton, lord of Dirleton, Thomas de Somerville, lord of that Ilk, Herbert de Maxwell, lord of Caerlaverock, Robert de Lauder of Edrington, barons, William de Liberton, provost of the burgh of Edinburgh, John de Haddington, William de Blair and Thomas de Chalmers, burgesses, in the judicial investigation of the city of St Andrews and the burgh of Cupar, the commissioners, as formerly [summoned] by letters of summons from our chapel to compear in the said parliament, compeared with sufficient commissions for producing and showing all their rights and oaths, letters, writings, charters and evidences which either side were intending to use concerning the lawsuits, disagreements, debates and controversies pending and appearing upon the freedoms and boundaries of the city of St Andrews and the citizens of the same on the one part, and the burgh of Cupar and the burgesses of the same on the other part. The aforesaid parties, therefore, being personally present before the said deputies, and their commissions from both the aforesaid parties being displayed and read, the aforesaid commissioners of St Andrews proposed against the aforesaid commission pertaining to the commissioners of the burgh of Cupar [and] for it to be removed, because that commission, for certain causes and reasons alleged and imputed there, was insufficient and not to be admitted, but was entirely to be rejected. Which same commission the said deputies, after mature examination and deliberation, condemned as invalid and insufficient, and they considered and decreed it to be of no vigour, as a result of which the aforementioned commissioners of St Andrews begged the said commissioners of the burgh of Cupar to be condemned in their expenses. And thus, the cause having been continued to the following Monday in the state that it then was, the said commissioners of the burgh of St Andrews and the aforementioned [commissioners] of the burgh of Cupar compeared on that Monday in the presence of the deputies with sufficient commissions on both parts, and which were reputed and accepted as sufficient by the said deputies. And then immediately the oft-mentioned commissioners of the city of St Andrews produced many and diverse charters, evidences, letters, judgements, acts and other muniments of kings concerning the freedoms and boundaries of the said city, and all of the same being made and granted in judgement, and the aforementioned commissioners of the burgh of Cupar exhibited just one charter concerning their freedoms and boundaries for considering and exhibiting; and so the cause was continued until the ninth day of parliament. On which day, although as a result of certain causes moving us to stay proceedings in the said cause, we gave mandate to the said deputies [to do so], nevertheless on the following day, having more maturely and prudently deliberated and been advised, both by voice and also by a writing in our own hand on the back of a schedule of complaint exhibited to us by those commissioners of the city of St Andrews in full parliament, we gave mandate and gave our express precept to the said deputies to proceed further in the said cause. And afterwards on the tenth day of parliament, the oft-mentioned commissioners of the city of St Andrews compearing in court, the said commissioners of the burgh of Cupar, although they were newly summoned to compear then and having been legitimately called at present when they have compeared, entirely absented themselves. Which done, the aforementioned commissioners of the city of St Andrews, notwithstanding the absence of the said commissioners of the burgh of Cupar, begged urgently that the said deputies would proceed to a decision, determination and final decreet in the said cause according to the proofs and rights produced on both sides. And then the the lords deputies, after long and mature deliberations and the inspection and diligent examination of the rights produced on both sides, decreed, revealed and determined that the citizens of the city of St Andrews ought to remain with their ancient possessions, freedoms and boundaries according to the tenors of their charters and evidences, and accordingly as those charters and evidences concerning the said possessions, freedoms and boundaries from the gifts, foundations and infeftments of kings granted and made in past times more plainly contain, carry and bear witness. Given under the testimony of our great seal at the burgh of Perth on 27 October AD 1431 and the twenty-sixth year of our reign. [1432/10/1] Letters: great seal letter narrating the settlement of boundary disputes between the city of St Andrews and the burghs of Cupar and Crail James, by the grace of God king of Scots, to all his good men to whom these present letters shall come, greeting. Know that since a complaint of controversy and lawsuit was turned concerning the limits, borders and extents of the boundaries and freedoms between the citizens of the city of St Andrews on the one part and the burgesses of the burgh of Cupar on the other part, and had been pending undetermined and undecided for a long time before us and various people of our parliament, at length, in our parliament held at Perth on 10 October in the year written below [1432], in the presence of the deputies chosen by the said parliament for the determination and decision of causes and lawsuits (namely the venerable fathers in Christ John [de Hailes] abbot of Balmerino and Walter [Bower] abbot of Inchcolm, Mr John Scheves, doctor of decreets, official of St Andrews, Mr John MacGillhauch, provost of Lincluden collegiate church, Walter Haliburton of Dirleton, Robert Graham, Alexander Graham, John de St Michael, John de Lumsden, William de Liberton provost of the burgh of Edinburgh, Patrick Charters, provost of the burgh of Perth, and Thomas Chalmers, burgess of Aberdeen), the commissioners of the city of St Andrews compeared on the one part (namely William de Kinnaird and Thomas Arthurson with their advocates, namely Mr John de Scheves (which Mr John, because he was made partial in this cause, removed and subtracted himself from the said deputies) and John de Carmichael) and the commissioners of the burgh of Cupar on the other part (namely David de Balfour, Edward Yellowley, John de Jardine and Richard de Stricklaw) with their sufficient commissions thereupon admitted as approved by the said deputies, because the commissioners of the city of St Andrews, standing in the presence of the deputies, produced various charters of the kingdom concerning the ancient infeftment of the said city in certain limits, divisions, boundaries and freedoms contained in them, upon which formerly a matter of a complaint of controversy of this sort had been examined, considered, digested and fully determined, as was given and made clear by various acts of our said parliaments produced in the presence of the said deputies, which very acts, judgement and understanding of the said deputies were justly introduced and lawfully done, and therefore the limits, divisions, extents, bounds and freedoms of this sort ought to be kept according to the tenors of the said charters and acts of our parliaments made thereafter, furthermore, these limits, divisions, extents, bounds and freedoms are excepted in a new charter of infeftment made and granted by us to the said burgh of Cupar, wherefore it is put to the said deputies that the burgesses of Cupar ought to have silence imposed upon them concerning the foregoing, that they should not cause impediment henceforth to the citizens of the city of St Andrews, God forbid, either in the burgh of Cupar or elsewhere, from buying and selling and enjoying their freedoms in so far as the limits and bounds contained in their charters extend, maintain and purport, and that the burgesses of Cupar shall not proclaim, nor cause to be proclaimed, those who travel to the market of the city of St Andrews to buy and sell any goods in the same place in so far as the limits or bounds of the said city extend, maintain and purport. In addition, in so far as the controversies and complaints moved between the citizens of the said city of StAndrews, on the one part, and the burgesses of the burgh of Crail, on the other part, concerning their limits, extents, bounds and freedoms, the commissioners of the citizens of St Andrews written above compeared in the presence of the said deputies with their sufficient commission, and on the part of the burgh of Crail the commissioners written below compeared (namely Thomas Atkinson, John de Cramond and Alan de Spens), also having sufficient commission. And these commissioners of the city of St Andrews produced and showed their charters of all their aforesaid infeftments with certain bounds and freedoms, with the commissioners of the burgh of Crail also producing and showing their charter of King Robert [I] Bruce, with certain bounds and freedoms. And their liberties of this sort on both sides seen and examined, the said deputies [judged] that the citizens of the city of St Andrews ought to enjoy and possess their freedoms of buying and selling through the whole bounds contained in their charter, with all other liberties in which they are infeft within their bounds, and that nobody of the burgh of Crail shall influence those who use the market of the city of St Andrews or cause them to be disturbed in so far as the bounds of the aforesaid city extend; dismissing the freedom of indictment from the burgesses of the burgh of Crail for indicting all others within their bounds of Crail. Given under the testimony of our great seal at Perth, 10 October 1432 and the twenty-seventh year of our reign. [1473/7/36] Judicial Proceedings In the action and cause pursued by Master John Armorar, on the one part, against John of Learmonth, Robin Arthur and John of Carstairs, aldermen and bailies of St Andrews, on the other part, concerning the inordinate proceeding in the serving of a brieve of inquest purchased by Alison Crannoch as heir to the late Master Thomas Logie, her brother, regarding certain land and annuals lying in the city of St Andrews, and also against the persons who passed on the serving of the said brieve for their mistake and wrongful retouring of the same because they found the said Alison heir to the said Master Thomas, her brother, and not the said Master John, both the said parties being present themselves and through their procurators, and their reasons and allegations heard and understood, the lords auditors decree and deliver that the said alderman and bailies have not failed in the process or order of the serving of the said brieve, nor have the persons who passed on the serving of the same brieve erred or given a wrongful deliverance or retour thereupon. [1474/5/13] Judicial Proceedings 13 May The lords auditors decree and deliver that John Jackson shall withdraw from and clear a tenement of land lying within the city of St Andrews on the east part of the tenement of George Akeman, to John of Carmichael, patron of the altar of St Michael, founded in the church of St Andrews, and to Sir Thomas Rait, chaplain of the same, that they may decide thereupon for the utility and profit of the said altar, and that the said John Jackson shall not administer it in the future, and ordain letters to be written hereupon, and both parties were present. [1479/3/30] Judicial Proceedings After noon In the action and cause pursued by Christian of Balfour, the spouse of the late William Bonar, against James Bonar, their son, regarding the wrongful withholding of a tenement and land lying within the city of St Andrews claimed by the said Christian to pertain to her through joint infeftment, both the said parties being present in person and through their procurators, and their rights, reasons, writs and allegations heard, seen and understood at length, the lords auditors decree and deliver that for all that they have seen as yet, the said Christian has a right to the said land and tenement and the right to enjoy and use the same according to the form of her joint infeftment shown and produced before the said lords, and ordain letters to be written to keep and maintain her in this. [1482/12/47] Judicial Proceedings The same day [12 December] in the afternoon In the action and cause pursued by John Walsh, citizen of St Andrews, against James of Lumsden for the wrongful withholding from him of an annual of 12 merks of the usual money owed to him for the lands of Burnturk for the past 19 years, as was alleged, and appointed by the decreets of the lords of council and of parliament, with the consent of both parties, that the said James should compear in person and testify and give his oath on the yearly payment of the said annual to the said John for the said 19 years according to the form of the said decreets, the said John being present through his procurators, and the said James often called but not compearing to testify and give his oath on the yearly payment of the said annual for the said 19 years as he was ordained [to do] by the said decreets given with his own consent, the lords auditors decree and deliver that the said James shall satisfy and pay the said John Walsh the said 19 years' annual totalling 12 merks yearly, in default of his not compearing to testify and give his oath as is said, and ordain letters to be written to distrenzie him of his lands and goods for that. [1483/3/68] Judicial Proceedings In the action and cause pursued by John Walsh, citizen of St Andrews, on the one part, against John Oliphant of Kellie and Thomas Oliphant, his brother, for the spoliation and removal of a half chalder of wheat, one chalder of barley and 40 [...] of oats, from the teinds of the church of Kilrenny pertaining to the said John through tack from the abbot of Dryburgh, as is alleged, the said John Oliphant and Thomas, his brother, being lawfully and peremptorily summoned and often called but not compearing, the said John being present through his procurators, his reasons, allegations, proof and witnesses' [depositions] taken in the said matter seen, heard and understood, the lords auditors decree and deliver that the said John Oliphant and Thomas, his brother, shall restore and return to the said John Walsh 5 bolls and 2 firlots of wheat, 14 bolls of barley, and 30 bolls of oats spulzied and taken by them from the said teinds as was clearly proven before the lords, and ordain that letters be written to distrenzie them of their lands and goods for this. [1483/3/136] Judicial Proceedings In the action and cause pursued by Robert Maitland of Queensberry, on the one part, against William of Douglas of Drumlanrig, on the other part, regarding the wrongful occupation of the lands of Tibbers claimed by the said Robert to be his lands and the ward of them given to him by [William Scheves], archbishop of St Andrews, tutor to the laird of Lethington, and similarly claimed by the said William to be given to him by the aforesaid archbishop through ward by the death of the late James of Douglas and as his lands, both the said parties being present and their evidence, reasons and allegations heard and understood, the lords of council decree and deliver that the said William of Douglas shall withdraw from and clear the said lands in favour of the said Robert to be used by him according to the form of the gift of the said archbishop, because the said late James had only the freehold of the said lands [at] the time of his death, and the fee of the same given from him, as was shown before the lords. [1483/3/159] Judicial Proceedings The lords auditors decree and deliver that William Laing [... to] Thomas Jackson', citizen of St Andrews, the sum of [...] by him to the said Thomas of the rest of a greater sum for certain silks and other merchandise, just as he is bound by his obligation shown and produced before the said lords, and ordain that letters be written to distrenzie him of his lands and goods for the said sum, and the said Thomas Jackson has admitted in the presence of the lords to defer the execution of this decreet until Whitsunday [18 May]. [1488/10/73] Judicial proceedings: acts of the lords auditors of causes and complaints 14 October In the presence of the lords the alderman of St Andrews and Andrew Kidd compeared as procurators for the community of St Andrews and protested that what had been done in the matter between them and the archdeacon of St Andrews at that time should not prejudice them regarding the lands of Pilmuir. [1488/10/82] Judicial Proceedings In the action and cause pursued by Master Alexander Inglis, archdeacon of St Andrews, on the one part, against William Wauch, provost of St Andrews, Andrew Kidd, Robert Arthur and Thomas Black, bailies of the said city, council and community of the same, on the other part, for the forceful ploughing up, manuring and sowing of a part of his lands of Strathtyrum and the common of the same, and making of dykes there, pertaining to him and his said archdeaconry, and for the damage and injuries sustained by him through it, both the said parties being present themselves and [through] their procurators, their rights, reasons, proof and witnesses taken in the said matter seen, heard and understood at length, the lords auditors decree and deliver that the said William [and the aforesaid] council, community and persons have done wrong in the manuring, cultivating and sowing of the said lands and common of Pilmuir, and making of the said dykes, and that the corn sown on the same pertains to the said archdeacon, and ordain them to desist and cease from it in the future, and that our sovereign lord's letters necessarily be directed for this, and that they shall content and pay the said archdeacon [for] the said corns, damage and injuries that he can prove he sustained through this, for the production of which [proof] the lords appoint 8 January next, with continuation of days, for him and ordain him to have letters to summon his witnesses, and both parties are summoned themselves and their procurators according to the act. And further, the lords auditors have ordained at the request of the said archdeacon of St Andrews that the testimonials taken between him and the citizens of St Andrews regarding the lands of Strathtyrum and the common between them called Pilmuir be published and their depositions [are] to be given in authenticated form, which follow: William [Scheves], archbishop of St Andrews testifies and says that he understands that in the past there was contention between the prior of St Andrews at the time and the archdeacon concerning these lands, and that it was finally decided by the then bishop of St Andrews that the archdeacon should have all the land from the brae of Strathtyrum to the sea, keeping the common pasture of it in Pilmuir for the citizens of St Andrews, and [he] also testifies that the said citizens have manured a part of the said lands and sown the same and made dykes on it, which was never done before, as he understands, but was always a common for the said archdeacon and citizens, and [he] says that he believes the archdeacon is wronged in that but he does not know the value of it. Master David Meldrum, official of St Andrews, testifies that the citizens of St Andrews have ploughed and broken the earth, made dykes and animal enclosures within the said lands of Pilmuir, where none were previously made as he believes, and that the said lands were used and held as common for the archdeacon and citizens and that there was a common road where the said enclosures are made, the quantity and value of what they have ploughed he does not know, and he believes the archdeacon to be injured by this. Master Robert Keith agrees with the official. Master Hugh Spens agrees with the official. Master John Liston, provost of St Salvator's College, agrees with the official. John Scheves testifies that the citizens of St Andrews have ploughed and broken the earth, made dykes and animal enclosures within the said lands of Pilmuir, where none was previously made, as he believes, and that the said lands were used and held as common for the archdeacon and citizens and that there was a common road where the said enclosures are made, the quantity and value of what they have ploughed he does not know, and he believes the archdeacon to be injured by this. Master Walter Drummond, rector of St Andrews, agrees with John Scheves. [1489/1/39] Judicial Proceedings Master John Liston, provost of St Salvator's College at St Andrews, compeared before the lords auditors and protested that what was done in the matter between the lady of Balcolmie and the said provost and canons of the said college, because the said canons were not called for their interest in the said matter [1491/4/59] Judicial Proceedings The action of proof appointed for David Balfour of Cariston to prove sufficiently that Isobel Lauder, lady of Balcolmie, would not give him sufficient power and procuratory to institute legal proceedings against [John Liston], provost, and the canons of St Salvator's College, beside the city of St Andrews, for the recovery by law of an annual of 20 merks, as is contained in the decreets and acts previously passed for that, is continued by the lords auditors until 18 May current, with continuation of days, in the same form and effect as it is now without prejudice of party. And because Alexander Spens, younger, [and] William Ramsay were summoned to have compeared and born loyal witness in this matter under the pain of imprisonment but would not compear, just as they were charged [to do], therefore they [are to] be charged to compear on the said day under the pain of rebellion, and both parties are summoned according to the act. [1491/4/62] Judicial Proceedings 13 May The action and cause pursued by Elizabeth Lauder, lady of Balcomie, against Andrew Kidd, George Kenlochquhy [and] Robert Congalton, citizens of St Andrews, James Beinstoun, John Gourlay in Lamboletham, Master John Liston, provost of the church of St Salvator's College within the city of St Andrews, and canons of the same, and also against Sir James Goodlad, chaplain, that is to say, against the said Andrew, George, Robert, James and John for the wrongful spoliation, removal and withholding from her of 5 oxen, each price 30s, 3 cows, each priced 2 merks, a horse, priced 4 merks, from the said lands of Balcomie, pertaining to the said Isobel and taken by the said persons at the command of the said provost and canons for a certain annual claimed by them from the said lands, as was alleged, and the said provost, and canons and aforesaid chaplain for their interest, as is contained at greater length in the two summons made for that, is continued by the lords of council until 3 October next, with continuation of days, in the same form and effect as it is now, without prejudice of party. And because the said provost, canons and aforesaid chaplain allege that the heir of the late Alexander Leslie should warrant them the said annual, the lords auditors therefore ordain them to have letters to call their warrant on the said day, and all the parties are summoned themselves and their procurators according to the act. [1491/4/103] Judicial Proceedings The action of proof appointed for David Balfour of Cariston to prove sufficiently that Isobel Lauder, lady of Balcomie, would not give him sufficient power and procuratory to institute legal proceedings against [John Liston], provost, and the canons of St Salvator's College, beside the city of St Andrews, for the recovery, by law, of an annual of 20 merks, as is contained in the act and decreets previously passed for that, is continued by the lords auditors with the consent of party until 15 June next, with continuation of days, in the same form and effect as it is now without prejudice of party, and that the said laird of Carraldston has promised to produce such proof as he will use in the said matter without any longer delay or exception dilator, notwithstanding any general proclamation to be made in the meantime, and ordain him to have letters to summon his witnesses in the third form and the parties are summoned according to the act. [1492/2/31] Judicial Proceedings David Arnott, as procurator for Andrew Inglis, son of John Inglis, compeared before the lords auditors and protested that because the provost, canons and chaplains of St Salvator's College and their tenants caused him to be summoned to their suit and would not compear to pursue them, that therefore, etc [1492/2/51] Judicial Proceedings Robert Dolas compeared before the lords auditors and protested that because John Dolas, citizen of St Andrews, caused him to be summoned to his suit for certain actions, as is contained in the summons, and would not compear to pursue him, that therefore etc. [1492/2/62] Judicial proceedings 18 February In the presence of [John Hepburn, prior of St Andrews], my lord privy seal, and [Richard Muirhead], dean of Glasgow, [John Liston], provost of St Salvator's College beside St Andrews, for himself and for the canons of the said college, constituted and made Master David Harvey and John Halkerston, jointly and separately, their procurators in the actions moved between the said provost and canons, on the one part, and Isobel Lauder, lady of Balcolmie, [...] Leslie, her son, and David Balfour of Cariston touching 20 merks of annual of the lands of Balcolmie etc. [1493/5/14] Judicial Proceedings Sir Thomas Morton, procurator for Isobel Barr, the widow of the late John of Barr, and James of Balcomie, now her spouse, and William Barr, her son, compeared before the lords auditors and protested that because Henry Balfour, citizen of St Andrews, caused them to be summoned to his suit for certain sums of money and a term of proof [was] appointed for him for that but [he] would not compear to pursue them or produce his said proof as he had taken it upon him [to do], he being often called for that, therefore he should not be heard in judgement against them in the said matter until he reimburses and pays their costs and expenses and they are summoned anew. [1494/11/60] Judicial Proceedings In the presence of the lords auditors John [Hepburn], prior of St Andrews protested that despite [the fact that] he answered for the relieving of William [Knollis], lord of St John of the sum of 400 merks at the hands of the laird of Corstorphine, that it should not prejudice him in the future as is he is a spiritual man. [1546/7/35] Legislation: tax to finance the siege of St Andrews Castle On the which day, in presence of [James Hamilton, earl of Arran], my lord governor, in the face of parliament, all the prelates and clergy being present and required by [George Gordon, earl of Huntly], my lord chancellor, in the name of my lord governor, for support in case it was thought expedient by the council and committers of the slaughter of [David Beaton], my lord cardinal [and archbishop of St Andrews] be forfeited and the castle of St Andrews should be besieged, consented to the tax of £3,000 monthly for the space of four months, and a further £3,000 monthly so long as my lord governor shall happen to remain at the said siege, if the siege lasts that long, and that the sum of £6,000 for the first two months be raised in this manner: all the prelates and kirkmen present in this town shall pay the two parts of their tax proportionally to the said sum of £6,000 in hand for payment of the footmen, and the rest of the prelates and kirkmen not present shall pay one half of their tax between now and St Giles Day [1 September] next to come, and the other half between then and 24 September next thereafter, and the payment of the third month to begin on 24 October, and payment of the fourth month to begin on 24 November, and so forth monthly as said is at the 24th day of each month during the space foresaid, so that the said money may be well ready in time for the furnishing of the said siege and ordering of such business as shall be found necessary thereto by my lord governor and lords of council. [1546/7/43] Legislation: private act On the which day the lords of the three estates of the realm sitting in plain parliament, understanding perfectly that James Hamilton, [master of Hamilton], eldest lawful son to [James Hamilton, earl of Arran], my lord governor and third person of the realm, is held in the castle of St Andrews by those that committed the cruel and treasonable slaughter of the late David [Beaton], archbishop of St Andrews, cardinal etc. and chancellor of Scotland, who are called by summons of treason for certain points contained in the same and to be forfeited in this present parliament, and will, in no way, let the said James, son to my lord governor, to liberty and freedom, and it is uncertain how they will dispose of him and whether they will let him to liberty or not; and because my said lord governor, preferring the honour and honesty of this realm to all particular affection of his son, is of mind to proceed and to do justice upon the committers of the said cruel and treasonable slaughter and other points contained in the said summons, and that his grace be not destitute of good consolation, discerns and ordains his second son, and failing him any other of his sons lawfully gotten or to be gotten of his body, which failing my lord governor's nearest and lawful male or female heir or heirs whatsoever, to have right and to succeed to all heritages, rights, as well of the crown, if any shall happen to fall, and discerns his said eldest son to have no right thereto but to be secluded therefrom so long as he happens to be in the hands of the said persons and in the hands of any enemies of this realm and until he and they that shall lawfully come of him be put to free liberty to pass and ride within this realm at their own free will and pleasure, providing always that the said James, eldest son to my said lord governor, and they that shall lawfully come of him being put to liberty as said is, they shall have free regress and ingress in and to all rights of succession as well of the crown as of others, likewise as the said James might have if he was now at freedom and liberty.
Laura Melin, SunWatch Village, Dayton, Ohio
All rights held by SunWatch Village, Dayton, Ohio
Chief Glenna Wallace of the Eastern Shawnee tribe of Oklahoma gives a lecture on the history of her tribe and their connection with Ohio and its earthworks
Courtesy of Myaamia Center, Miami University