History Forum / General / British History / July 2008

Here we have - inadvertently - a medieval topic! Do you have anything to say
about "Little St Hugh"?  Or about the story told by Richard of Devizes
[f.39r-f.40r]? (Richard was the first to use 'holocaust' in its modern
sense.)

snip one of the daftest sigs on the net.  Only an
idiot would put such inane drivel at the end of his one line rubbish.
What a waste of space.

I believe it.  That's what happens when one is not
in full command of their senses.

=====================================================================

i gather you've never seen 'blade runner'
the sig is great parody.
its the only worthwhile part of blackguard's posts

[snip]

Actions like that tell you who was guilty.  If he is locked away he
cannot attack you.

Andrew Swallow

"Peter Jason" <pj@jostle.com> wrote in message news:g4n5j9

15 March, fifth day of parliament

Item, it is advised, statute and concluded that in the future one council be
chosen by the king's highness which shall sit continuously in Edinburgh, or
where the king makes his residence, or where it pleases him, to decide all
manner of summons and civil matters, complaints and causes, daily as they
occur, so that there will not be such great confusion of summons to call at
the session, and to begin the?

[1504/3/16]*[print] [email] [cite] [preceding] [following]

Item, that there be [a] justice depute for the Isles and sheriffs, and those
who are justice and sheriff for the Northern Isles [are] to sit in Inverness
or Dingwall, and another justice and sheriff depute [is] to sit in Tarbert
or at Loch Kilkerran? for the Southern Isles.

[1504/3/17]*[print] [email] [cite] [preceding] [following]

Item, it is thought expedient that the lands between Badenoch and Lorn,
which are called Duart and Glen Duart, and all the lordship of Lorn, come to
Perth, Mamore and Lochaber to Inverness and Argyll, and their justice come
and sit in Perth, and hold his justiciary when it pleases the king's grace,
where every highland man and lowland man can come and seek justice.

[1504/3/18]*[print] [email] [cite] [preceding] [following]

It is decreed and ordained that the lands between Badenoch and Lorn, which
are called Duart and Glen Duart, and also all the lordship of Lorn, come to
the justice ayre of Perth, Mamore and Lochaber to Inverness, and that Argyll
with its bounds, and the justice sit and hold the justice ayre for it in
Perth when it pleases king's grace, so that every highland man and lowland
man may come and seek and have justice.

[1504/3/19]*[print] [email] [cite] [preceding] [following]

Item, that the part of Cowal that is not within the bounds of [Archibald
Campbell], earl of Argyll's justiciary [is to] come to Dunbarton.

[1504/3/20]*[print] [email] [cite] [preceding] [following]

Item, that the [justice] ayre of Bute and Arran, Knapdale, Kintyre and Great
Cumbrae be held at the burgh of Ayr or Bute at our sovereign lord's
pleasure.

[1504/3/21]*[print] [email] [cite] [preceding] [following]

Item, that a sheriff be made who shall be sheriff of Ross and he shall have
his place to sit in Tain and Dingwall, as required by the cause for which he
has to do justice.

[1504/3/22]*[print] [email] [cite] [preceding] [following]

Item, that a sheriff be made in Caithness and that [he] shall be called the
sheriff of the same, and he shall have jurisdiction over the whole diocese
of Caithness, and shall sit for justice in Dornock and Wick, as required by
the cause that it is complained about.

[1504/3/23]*[print] [email] [cite] [preceding] [following]

Item, it is decreed and ordained that the justice ayre of all these three
sheriffdoms, that is to say Inverness, Ross and Caithness, be held in the
town of Inverness.

[1504/3/24]*[print] [email] [cite] [preceding] [following]

Item, it is decreed and ordained that where any person happens to obtain a
remission in the future, that the said remission shall not extend to nor
save the taker from greater crimes through any general clause than is
specially contained, and that the greatest action shall be specified, or
else it shall be understood, and that [the] general clause shall not include
greater than the special clause.

[1504/3/25]*[print] [email] [cite] [preceding] [following]

Item, as it is pleasing to the king's grace and it is his intention to
prevent and stop all slaughter in the future, therefore, by his command,
intention and decision, it [is] decreed, ordained and concluded that there
be no remission given for slaughter that is committed by premeditated
felony, and this statute [is] to last for [the length of] our sovereign
lord's will and until he revokes the said article in particular.

[1504/3/26]*[print] [email] [cite] [preceding] [following]

Item, regarding false notaries and others in every diocese, it is thought
expedient, decreed and concluded that each bishop summon all the notaries in
his diocese and make [an] investigation into their doings and of their faith
and loyalty in their offices, and that they receive information on this and
punish and deprive those who are false or inadequate, and similarly with
those who use instruments incorrectly.

[1504/3/27]*[print] [email] [cite] [preceding] [following]

After noon

Item, regarding recent spulzie, that it shall be lawful for the party who is
spulzied to summon the person who spulzied in 15 days before the lords, so
that he can make his said summons within the next 15 days following the
committing of the said spulzie, despite the act made previously that all
summons shall be [made] in 21 days and in the same way before the sheriff,
and that there shall be no dilatory exceptions admitted against that
summons, it being lawfully endorsed.

[1504/3/28]*[print] [email] [cite] [preceding] [following]

Item, regarding the fees sheriffs or other officers are to take for the
execution of their office in the distrenzing of persons for sums and
recovered debts, it is advised, decreed and ordained that the said sheriff
shall get 12d for each pound for the execution of his office and that is to
be taken from the person or persons from whom the sums and debts are being
recovered; and as for the fees for their processes of court or courts when
they are required to give them out, that for each act and copy of letters
they get for each piece only 4d.

[1504/3/29]*[print] [email] [cite] [preceding] [following]

Item, as for the taking of gold and silver out of the [realm], it is
advised, decreed and ordained that the acts and statutes previously made for
the retention of money in the [realm], with this addition: that it is a
point of dittay on those who take the same out [of the realm], and also that
the king's highness assigns and ordains certain searchers in every town
which is a port who will have the power to search the sailors and travellers
leaving the [realm] for exporting money, whatsoever person spiritual or
temporal, and that he shall have for his fees the fourth part of the sums
that he finds, bringing in the other three that is in the king's use
excepting 40s only, which is granted to him previously by act and statutes
made for that to cover his fees, and that this regulation and act be made
for foreigners and aliens as the king's lieges. And if it can be proven that
the said searchers, or any of them, allow any more money to be exported than
the said 40s with their knowledge, he shall answer for that with his life
and dittay is to be taken on him for that.

[1504/3/30]*[print] [email] [cite] [preceding] [following]

Item, regarding those who steal rabbits, pikes out of ponds, [those who]
break dovecotes or orchards, or [those who] steal bee-hives and destroy
them, and also for those who kill enclosed deer or roes or roebucks from the
lord's own woods, that that be a point of dittay in the future, and that the
fine for that be £10 along with compensation for the party according to the
injury; and if any children within age commit any of these aforesaid things,
because they cannot be punished as they are not of legal age, their fathers
or masters will pay 13s and 4d for each one of them each time [they] commit
any [of] the aforesaid trespasses or else deliver the said child to the
judge to be lashed, scourged and flogged according to his faults.

[1504/3/31]*[print] [email] [cite] [preceding] [following]

?[Deleted text:] Item, regarding beggars, that the statute of King James I
[...] beggars be put into swift execution, and that sheriff, provost
[...]iis within burghs put the said act into execution immediately under the
pain of 1 merk for each beggar, except lame blind people and weak people and
weak fo[...]

[1504/3/32]*[print] [email] [cite] [preceding] [following]

Item, it is decreed and ordained regarding bushes and ships to be made for
fishing, that the act and statute previously made for that be put into swift
and due execution.

[1504/3/33]*[print] [email] [cite] [preceding] [following]

Item, as regards the penalty for [damaging] living woods, because the woods
of Scotland are utterly destroyed, the fine being so small, therefore it is
decreed and ordained that the fine for [damaging] living woods by any man by
selling or burning in the future [is to be] £5, and that both of regality
and royalty, and similarly the penalty for muir-burning after March [is to]
be £5, the old act for [damaging] living woods by any man by selling or
burning remaining in effect concerning [those who] destroy living woods in
other ways.

[1504/3/34]*[print] [email] [cite] [preceding] [following]

Item, regarding the killing of kipper, it is decreed and ordained concerning
the killing of red fish during the forbidden time that because the small
penalty has been the cause and occasion that red fish have been slain in
great numbers to the great damage of the country and the common weal, and
also as regards those who kill smolt in mill dams, sluices and by netting,
thorns and cruives, it is decreed and ordained that in the future the
penalty for it for the first time will be £10, for the second time will be
£20 and for the third time the forfeiture of their lives for the committer
[of the offence]. And it shall be lawful for the barons, both spiritual and
temporal, royalty and regality, to proceed and sit for this, and to obtain a
penalty from each person convicted of this of 30s in this court. And if any
person or persons claims to have the privilege to kill such fish during the
forbidden time, by any of the aforesaid ways, that all such privileges cease
until they appear before the king and his council to show their said
privilege, [so] it may be considered whether such privilege is for the
common weal or not.

[1504/3/35]*[print] [email] [cite] [preceding] [following]

[Deleted text:] Item, it is decreed and ordained regarding inn-keepers and
lodgings-providers, both in burghs or in the country, because of the great
exorbitance in taking overly high and expensive fees for their lodgings,
that therefore in the future any persons who lodge and have a horse [and]
buy their horse-food from the said inn-keeper who is lodging him, that in
such a case they shall receive their bed free, and where the inn-keeper has
no horse-food within but buys it from other persons outwith [his inn] and
takes no more from them except their beds and the use of vessels for being
there, they shall pay for each person the first night 2d, if they remain
there longer 1d, and this sum [is] to be paid for entertainment and no more
under the pain for the taker to be judged an oppressor and indebted for
that. And that the officers, both in burghs and in the country, ensure this
statute be kept under the pain of personal punishment.

[1504/3/36]*[print] [email] [cite] [preceding] [following]

Memorandum, that it be ordained that all provosts and bailies within any
burgh or town, and sheriff, bailie or steward within their bounds, advise
with their lodging-providers and inn-keepers within their bounds regarding
the lodgings, the honesty of it and the price that shall be paid for it, and
the lords justices and commissioners that go to the ayres [are to] call the
officers of each town they travel through [in] the country before and advise
about the following: what the men [who travel] on foot shall pay, [what] the
men on horses shall pay and what he shall pay who is better lodged, and what
was [paid] for his lodging.

[1504/3/37]*[print] [email] [cite] [preceding] [following]

Item, regarding the division of the sheriffdoms which are ordained to be
divided due to their great size, it is advised, decreed and ordained firstly
concerning the sheriffdom of Perth, which has had Culross and Tulliallan and
also Clackmannan and all the land between it and Stirling which come to the
ayre of Fife, all these [are to] come to the ayre of Stirling in the future,
and that Tulliallan and Culross come to the sheriff court of Stirling, and
that all the persons who are put to the justice ayre of Stirling pay the
penalties both in the sheriff court and justice ayre, just as they paid
[them] before this union, and without prejudice to them in that.

Item, that the Lenzie and Larbert, the Broomage and Skathmur, Kippen, Garden
and Seabegs, which were previously of the sheriffdoms of Dunbarton, Perth
and Edinburgh, be from now on both of the sheriff court and justice ayre of
Stirling.

Item, that the lands of Buchanan, Fintry, Campsie, Strathblane, Buthrane,
Drymen, Inchcailloch and from there on west [are to] belong to the
sheriffdom of Dunbarton, and compear there both at the sheriff court and
justice ayre.

[1504/3/38]*[print] [email] [cite] [preceding] [following]

Item, it is decreed and ordained that all towns and ports which are along
the seaside, such as Leith, Inverkeithing, Kinghorn, Dysart, Crail and
others, sell their common goods on the walls of their town to the sea side
with ports of lime and stone.?

[1504/3/39]*[print] [email] [cite] [preceding] [following]

Item, every lord and laird [is to] make enclosures with deer, ponds, rabbit
warrens, dovecotes, orchards, hedges and [to] plant at least an acre of wood
where there are no large woods or forests.

[1504/3/40]*[print] [email] [cite] [preceding] [following]

Item, that all [of] Scotland [is] to hold their wappenschaws annually on
Thursday in Whitsunday week [May/June], and that each officer as sheriff,
bailie or steward or others see [to it] that this act and statute is kept.

[1504/3/41]*[print] [email] [cite] [preceding] [following]

Item, regarding the exception proposed by inheritors, when they are pursued
for their father's or forebears' debts to whom they have succeeded, claiming
that their father's moveable goods should pay for their debts and the
executors should be called for that before [they inherit], it is advised,
decreed and ordained that it shall be lawful for the creditor to pursue the
heir after the passage of a year because the executors should be responsible
for one year, at the end of which he should give his account, and if it
pleases the heir he can and should be diligent and request the ordinary
within the said year to seek [the] account for him and he to see the
account, and what is found [to be] remaining over of things pertaining to
their office that he should request [of] the ordinary that he might have
caution and surety for the relief of his inheritance in so far as the goods
rest beyond the account, and that the ordinary shall provide him with
sufficient caution for that, and so at the end of the year the heir will
answer to every creditor.

[1504/3/42]*[print] [email] [cite] [preceding] [following]

Item, it is advised, decreed and ordained as regards the exception proposed
against widows pursuing and following their brieves of terce or the profits
of their terces, when it is often proposed against the widows that they were
not legal wives of the persons, their husbands, by whom they pursue their
said terce, that therefore where the matrimony was not challenged in their
lifetimes, that the woman seeking this terce being of good reputation and
held as his legal wife during his lifetime shall be terced and use her terce
without any impediment or exception to be proposed against her, forever and
until it is clearly determined and sentence given that she was not his
lawful [wife] and that she should not have a lawful terce for that.

[1504/3/43]*[print] [email] [cite] [preceding] [following]

[Deleted text:] Item, regarding the article made to be advised on touching
the bonds of lords and freeholders of this realm for their own lands,
bailiaries, offices, steadings and mailings, and for the bringing in of all
types of persons who are within their said bounds, it is advised, decreed
and concluded that because there is a part of the lords and freeholders of
the north side [of] the water of Forth [who are] bound to our sovereign lord
for the bringing in of all persons, trespassers staying or present within
[their areas of responsibility] to the justice ayres according to the form
of their bonds signed by their [own] hands, therefore it is decreed and
ordained in this present parliament, for the common weal of the realm, that
all the freeholders of the Borders and Highlands, and any other regions in
which there may be any rebellion in the future, or any part that pleases
that king's highness on the north side of the water of Forth, be bound
similarly as those lands which are already bound through statute of
parliament, along with those who are bound to bring in all types of criminal
persons within their bounds according to the form of the said lords' bond
signed by their hands, the tenor of which follows etc. And this statute [is]
to last for the lifetime of our sovereign lord and for the lifetime of the
said freeholders alone.

[1504/3/44]*[print] [email] [cite] [preceding] [following]

Item, it is decreed and ordained from now on that no baron, freeholder or
vassal who is within 100 merks of this extent that is current be compelled
to appear in person in parliament, except if it is so that our sovereign
particularly requests them, and so as not to be penalised for their absence
they send their procurators to answer on their behalf with the barons of
shire or the most well-reputed persons, and all who are above the extent of
100 merks are to come to the parliament, under the pain of the old penalty.

[1504/3/45]*[print] [email] [cite] [preceding] [following]

Item, that all our sovereign lord's lieges who are under his authority, and
in particular all the Isles, be governed by our sovereign lord's own laws
and the common laws of the realm, and not by any other laws.

[1504/3/46]*[print] [email] [cite] [preceding] [following]

Item, that all officers, provosts, bailies and others who hold the office of
administering justice within burghs be changed annually, and that no-one is
to have the office of administering justice within burghs except those who
engage in trade within the said burgh.

[1504/3/47]*[print] [email] [cite] [preceding] [following]

Item, it is decreed and ordained that in the future all sheriffs, stewards
or bailies who give sasine by instruction from our sovereign lord's chapel
to any persons, that they write the day and the year that they gave the said
sasine and bring the same with them in their court books to the exchequer,
and that is because the vassals are greatly disadvantaged through the
absence of their overlords and the non-entry to the superiority of their
lands after the date of the precept of sasine and raising of the same from
the chancellery.

[1504/3/48]*[print] [email] [cite] [preceding] [following]

Item, it is decreed and ordained by our sovereign lord in this his present
parliament, with the consent of the three estates of the same, that it shall
be lawful for our sovereign lord to set all his own lands, both annexed and
unannexed, in feu ferme to any person or persons that he pleases so that it
does not reduce his rental, grassums or any other duties, and set with such
clauses as our sovereign thinks expedient, and that this statute be of the
strength to set their lands in feu perpetually in our sovereign lord's time
that now is only, and all that he sets in his time is to last perpetually.

[1504/3/49]*[print] [email] [cite] [preceding] [following]

Item, it is decreed and ordained that it shall be lawful for every lord,
baron and freeholder, spiritual or temporal, to set all their lands in feu
ferme and annual rent to any person or persons so that it does not reduce
their rental, with this condition: that the said alienation be set in feu,
albeit they set the most part of their land or all their lands, it shall not
do the setter nor the taker any prejudice in any manner of way for the loss
of their lands for that alienation, notwithstanding any laws made in the
contrary upon alienations.

[1504/3/50]*[print] [email] [cite] [preceding] [following]

Item, it is decreed and ordained for the good of trade and for the great
[and] exorbitant expenses they incur for legal actions in parts overseas,
that therefore the conservator of this realm [is to] have jurisdiction to do
justice amongst the said merchants, our sovereign lord's lieges, that is to
say between merchant and merchant in those parts overseas, and the said
conservator [is] not to proceed in any matters amongst the said merchants
unless there are six of the best and most honest merchants with the best
knowledge of the realm who will sit and have power with him, if so many can
be found, and if there are not six [to be found], that at least four
merchants shall sit with him who will have the same power with him to
administer justice. And that no merchant [is to] pursue another before any
other judge overseas or do in the contrary to this act under the pain of £5
to be paid to the king by the pursuer and payment of the expenses to the
party pursued.

[1504/3/51]*[print] [email] [cite] [preceding] [following]

Item, it is decreed and ordained that the conservator of Scotland shall come
home annually, or send a responsible procurator for himself annually, who
shall answer every man on all things that they have to say to him for any
matters, and inform the king and his council that he will send the said
procurator, under the pain of the forfeiture of his office and the payment
of £20 in accordance of value to the Flemish groat to the king.

[1504/3/52]*[print] [email] [cite] [preceding] [following]

Item, it [is] decreed and ordained that all the malt-makers of Leith,
Edinburgh and other places around Edinburgh or other burgh towns within the
realm present their malt to the market in the future, and each day [is to]
be market day except the holy day, and the same is not to be sold until the
ninth hour under the pain of escheat of all malt that is otherwise sold. And
that the provost and bailies of every town see [to it] that this statute is
kept, and that they have [the] power of escheat [for] the same, and answer
to our sovereign lord in his exchequer annually for that no matter whose
hand it is found in. And that the malt-makers take no more for the making of
one chalder of malt than one boll of barley, and whoever does in the
contrary shall be considered oppressors of the king's lieges and dittay
[will be] taken for that to the justice ayre.

[1504/3/53]*[print] [email] [cite] [preceding] [following]

Item, it is decreed and ordained that because in the past there has been
great abuse in the proposal of frivolous exceptions against brieves of
inquest by subverting its order and nature, as [if] they were brieves of
legal action, therefore, in order to avoid such frivolous exceptions in the
future, it is decreed and ordained that no exception will be of value
against the said brieve of inquest [once] it has been publicly settled for
15 days with the endorsement of the officer who called it, containing two
witnesses and his seal or signet, except for these following exceptions
only: that is to say, against the judge, against the inquest and the
exception of bastardry, and that [is] to be proposed in the form of old law.
And as regards the exception made for the summoning of the inquest for 15
days before according to the form of the statute of King Robert, which makes
mention that the inquest should be summoned for 15 days before it shall be
lawful, despite the said statute, [it is] to the sheriff or any other
officer who is judge for the brieve of inquest to summon the said inquest
for whatever days it pleases him or for whatever shorter time, despite the
said statute, and also if they are present in the tolbooth unsummoned so
that there can be no other lawful exception against them, it shall be lawful
for the sheriff or officer to compel them to pass on the said inquest. And
further, because there has been abuse in the calling of the king's brieves
in stewartries and bailiaries where they were proclaimed on a hill without a
gathering of people being there, so there was no way that knowledge of [the
brieve] could reach the party, therefore it is decreed and ordained that all
types of brieves of inquest shall be called at the market cross of the main
burgh publicly in full market when the largest number of people is gathered,
so that the calling of [brieves] may be known to the party defending and
where it should be served and on which day; and that the said brieve be
called three times in public together and between each call there [should
be] time for all three proclamations; and that officers of the town be
warned to compear at the said proclamation to bear witness. And if it
happens that the predecessor of anyone claiming right dies too close to the
term of Whitsunday [May/June] or Martinmas [11 November], that the pursuer
can not proclaim it on a market day due to the proximity of the term of
Whitsunday and Martinmas, in that case it shall be lawful for him to cause
his brieve to be proclaimed on any week day, so that he has the officers of
the town and some of the honest persons [of the town] numbering six people,
saving for our sovereign his warning of 40 days according to old habit and
custom.

[1504/3/54]*[print] [email] [cite] [preceding] [following]

Item, that no markets or fairs be held on holy days or within churches and
churchyards on holy days or other days, under the pain of escheat of goods.

[1504/3/55]*[print] [email] [cite] [preceding] [following]

Item, it is decreed and ordained that all the merchants of the realm and the
burghs use and have their old freedoms and privileges [which were] granted
and given to them by our sovereign lord's progenitors, of most noble memory,
[to] be observed and kept for them, and that no person dwelling outwith the
burghs [is to] engage in any trade or to tap or sell wine, wax, silk,
spices, dye or similar stuff, or staple goods, and that no-one [is to] pack
or unpack [goods] in Leith or other places outwith the king's burghs, under
the pain of escheat of the goods for the king's use that are tapped, sold,
packed or unpacked against this statute.

[1504/3/56]*[print] [email] [cite] [preceding] [following]

[Deleted text:] Item, that no craftsman may use his skill and trade together
within a burgh from now on, under the pain [...]

[1504/3/57]*[print] [email] [cite] [preceding] [following]

Item, that the commissioners and chiefs of burghs be warned when taxes or
contributions are given, to have their votes as one of the three estates of
the realm.

[1504/3/58]*[print] [email] [cite] [preceding] [following]

[Deleted text:] Item, that all privileges granted to the burghs previously
regarding the selling and using of trade be observed and kept for them in
all points as [...]

[1504/3/59]*[print] [email] [cite] [preceding] [following]

Item, that provosts, aldermen or bailies do not make burgesses without the
advice and consent of the great council of the town, and that the profit
taken for making each burgess be put to the common good and disbursed on the
common works

[1504/3/60]*[print] [email] [cite] [preceding] [following]

Item, it is decreed regarding the good of trade that the old act concerning
sailors be swiftly put into execution, and the customs officers show the
officer of the town who does in the contrary, and that the said officers
ensure this act be put into due execution as they will answer to the king.

[1504/3/61]*[print] [email] [cite] [preceding] [following]

Item, that no fellow-workers, craftsmen or gentlemen burgesses or
inhabitants in the burgh go against the authority of the king's officers
chosen in the burghs, or make leagues or bonds against the same, under the
pains contained in the laws and statutes of the burgh.

[1504/3/62]*[print] [email] [cite] [preceding] [following]

Item, that no-one [is to] store wool, hides or animal skins in Leith or in
other places outwith free burghs in order to keep the king's customs coming
in complete as is fitting.

[1504/3/63]*[print] [email] [cite] [preceding] [following]

Item, regarding lands and baronies which lie in several sheriffdoms that are
annexed or united into one holding or barony, that, despite the said
annexation or union, the persons [who] inhabit the said annexed lands shall
abide the law before the sheriff or steward or bailie and justice where the
said annexed lands lie, despite the said annexation and union.

[1504/3/64]*[print] [email] [cite] [preceding] [following]

Item, it is decreed and ordained regarding the importing of bullion [...]?

[1504/3/65]*[print] [email] [cite] [preceding] [following]

Item, it is decreed and ordained [that] because there has been great abuse
of justice and great expenses incurred by the parties pursuing their lands
and inheritance by the brieve of right and other brieves that may be sued by
proposing frivolous exceptions and sureties and counter-pledges and falsing
of dooms, that therefore in the future where any doom is falsed either
through dilatory or peremptory exceptions or otherwise in the pursuit of the
brieve of right, the party that falses the said doom before the sheriff,
steward, bailie, any other officer or their deputies shall compear before
the justice clerk within the period of 15 days and present his process of
the falsing of the said doom, and with the advice of our sovereign lord or
his justice a justice ayre shall immediately thereafter be set for
discussing and closing the said falsed doom within 40 days and the justice,
[either] through his precept or by summoning directly the sheriff, shall
warn both the parties of the said day appointed for the discussing of the
said doom. And the freeholders and suitors shall attend the said justice
ayre within the sheriffdom or stewartry where the said doom shall be
discussed and ward there under the pain of the penalty of the court, and if
the said doom is falsed in the justice ayre concerning the said brieve or if
there are any other brieves which may be sued presented to the justice, and
the doom happens to be false in their pursuit similarly after the falsing of
that doom within 15 days after that, the party that falses the doom shall
appear before the clerk register and our sovereign lord's council and
present his process of falsing of doom, and after that the said clerk of
council shall show the same to our sovereign lord who shall depute 30 or 40
persons, or more or fewer as [it] pleases his highness, who shall have the
[same] power as [if] it were in a parliament to decide and discuss the said
doom. And the parties [are] to be warned by our sovereign lord's letters for
the appointed day for the discussing of the said doom, which shall be set on
40 days, within which time it will be lawful to any of the parties to give
in their reasons. And if there is a doom falsed before the provost and
bailies within the burgh or before a baron or other freeholder, the falsing
party of the said doom shall similarly appear if it is falsed within the
burgh to the chamberlain and present to him the process of falsing of the
said doom, who shall set a court of the four burghs on 40 days and ensure
the said doom be discussed, and similarly where the doom is falsed before
the baron or freeholder in their courts, then the falser of the said doom
shall appear before the sheriff or another immediate superior of that court
who will set his court on 40 days and ensure the said doom be discussed and
warn the parties of it, and cause the suitors of the sheriffdom to ward
thereupon. And if it is falsed in the said courts of four burghs or in the
sheriff court, [it is] to have the same process in the immediate superior
court as is noted above. And the parties [are] to have the privilege to give
in their reasons any time before the day appointed for discussing the said
dooms, and this [is] to have process in all manner of falsed dooms, as well
as brieves and other civil matters.

[1504/3/66]*[print] [email] [cite] [preceding] [following]

Item, it is decreed and ordained that all measures and weights, such as
pint, quart, firlot, peck, elwand,? stone and pound, be of one quantity and
measure, which will be ordained in Edinburgh by our sovereign and his
chamberlain [and] council, and that every burgh [is to] come and fetch these
measures from Edinburgh, sealed and made, and keep [to] the same. And where
there are any fermes owed in inheritance of the old measure, that the said
fermes be proportionate to the quantity of the old measure and paid in
proportion with the new measure to the value of the old measure. And if any
persons use any other measures or weights in the future except the measures
and weights that are now to be made, as is said, it shall be a point of
dittay and they [are] to be indicted for that from now on.

[1504/3/67]*[print] [email] [cite] [preceding] [following]

Item, regarding the importing of bullion, that it is decreed and ordained
that the old acts and statutes for that be put into execution and observed
and kept, and the customs officers [are to] receive the said bullion from
the merchants and give an account of it in the exchequer.

[1504/3/68]*[print] [email] [cite] [preceding] [following]

Item, it is decreed [and] ordained that because there is and has been much
doubt and refusal to accept the money which has course in the realm, it
being either cracked or flawed, therefore in the future no-one is to refuse
to accept any money, silver or gold, for their merchandise which has course
in this realm despite it being either cracked or flawed, with certification
that whoever acts against this will forfeit the silver they refuse [to
accept] to be escheated to the king, and the buyer is to receive the goods
that he would have bought with the said money.

[1504/3/69]*[print] [email] [cite] [preceding] [following]

Item, it is decreed and ordained that in the future no sheriff or officer
[is to] poind or distrenzie the oxen, horses or other goods pertaining to
the plough which works the ground at the time the same is being worked,
where any other goods or lands are to be appraised and poinded according to
common law.

[1504/3/70]*[print] [email] [cite] [preceding] [following]

It is decreed and ordained that the words of falsing of dooms be changed in
this manner: that where any party thinks him[self] hurt he shall use these
words, 'I am greatly hurt and injured by the said doom, therefore I appeal
and find security in the officer's hand of the court to pursue the said
appeal according to the law made previously and within the time, just as is
contained in the said law of the realm'.?