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The settlement of the succession
to the throne
Law and order: Justice for all
Law and order: the capture of criminals
Law and order: the treatment of conspirators
The provision of arms in time of war
The development of burghs
The protection of fish stocks
Parliament was a young institution in medieval
Scotland. In the years following the battle of Bannockburn, Robert
I and Parliament met on various occasions to pass new laws and review
existing ones to improve the administration and life of the country.
Once new laws were agreed, Parliament issued the
regular command that 'the said statutes be read and cried at
our courts… and in other places where most happens congregation
of the people'
The Ayr Manuscript was compiled during the reign
of Robert I. It contains the second-oldest surviving text of laws
passed during the Parliament that met in Scone in 1318. The text
was written in Latin.
A selection of Acts of the Parliament of Robert
I, 1318 transcribed from the Ayr Manuscript
1. The settlement of the
succession to the throne
In 1315 the king's brother, Edward, was named heir to the Scottish
throne if both King Robert and his daughter, Marjory, died without
children. Marjory married Walter the Steward in 1315 and gave birth
to a son, Robert, in 1316 but died shortly afterwards. Edward died
in Ireland in 1318.
On 3 December 1318, parliament recognised the
king's grandson, Robert, as heir to the throne if the king had no
further children. In 1324 Robert I had a son, David, to his second
wife. He succeeded his father in 1329 as King David II of Scotland.
2. Law and order: Justice
for all
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The lord king wishes and orders that common law and common
justice be done as well to poor people as to rich people according
to the old laws and liberties justly used before these times.
NAS: PA5/2 (folio 44)
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3. Law and order: the
capture of criminals
The use of bloodhounds to help catch criminals
was allowed.
It is ordained and agreed that no one shall prevent
a bloodhound tracking, or the men coming with it in pursuit
of thieves or capturing ill-doers, nor shall anyone prevent
men without a bloodhound following thieves with their goods.
And if anyone does so, he shall be brought before the justiciar
[judge] and charged with protecting criminals.
NAS: PA5/2 (folio 45)
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4. Law and order: the treatment of
conspirators
This law was passed to forbid anyone spreading rumours against
the king which implied that despite the victory at Bannockburn,
not all Scots fully supported Robert I.
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The lord king orders that no one shall be a conspirator
or inventor of stories or rumours by which discord might arise
between the lord king and his people. If anyone is charged
with this crime, he will be taken immediately to prison and
there be safely guarded until the lord king shall instruct
his will about him.
NAS: PA5/2 (folio 49)
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5. The provision of arms
in time of war
The king expected loyalty and support from his subjects. Every
man had to provide arms according to his wealth to serve the king.
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It is ordained and agreed that any layman
of the realm having £10 in goods shall have for his
body in defence of the realm a sufficient haketon [a leather
jacket, probably reinforced with mail] , a basinet [a
light helmet with a rounded or pointed top] , gloves of
plate, a spear and a sword.
Anyone who does not have a haketon and
basinet shall have a good habergeon [a short coat of mail]
or a good iron for his body, an iron hat and gloves of
plate. The king also instructs that all men owning a cow and
goods shall have a good spear or a good bow with a sheaf of
24 arrows.
And the lord king wishes that each sheriff
of the realm shall enforce this law and hold a wapinschaw
[a muster of their men with their weapons] on the first
Sunday after Easter.
Acts of Parliament
of Scotland, Vol. 1, pp. 473-474
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6. The development of burghs
The king and parliament recognized the need to strengthen the country's
economy. Burghs and royal burghs were granted exclusive trading
rights and privileges to help boost trade and raise revenue from
taxes.
On 6 December 1318, the king issued a charter
to the burgh of Haddington granting the burgesses exclusive rights
in the wool and cloth trade, in access to supplies of local timber
and in the use of common pasture.
We grant to our burgesses
of Haddington that they shall be free for ever from all
toll and custom on their different goods throughout our
Kingdom of Scotland. We firmly prohibit any one to dare
to vex them unjustly by exacting tolls or customs from them
on their goods.
We forbid anyone within
our sheriffdom of Haddington to buy wool or skins or to
trade in merchandise or to make broad cloth dyed or shorn
except our burgesses of Haddington. And also that no other
merchant within the said sheriffdom of Haddington or in
our Burgh shall buy any except from our burgesses of Haddington
under our heavy displeasure. If any merchant be found acting
as a trader in any way, his person shall be seized by our
burgesses and his goods forfeited.
All those conveying timber
or merchandise to supply the burgh of Haddington from whatever
wood, shall have our firm peace and protection. Any one
daring to seize these goods or to annoy people unjustly
on our highway in or out of Haddington shall incur our heavy
displeasure.
We will that our burgesses
of Haddington shall have and possess all common rights and
common pasturage on moors, mosses and peats within the boundaries
of the sheriffdom of Haddington as is their right.
In witness of which we
have ordered our seal to be affixed to this our present
charter.
NAS: B30/21/1
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7. The protection of fish
stocks
This law was passed to set the size of fish traps to preserve stocks
for the future.
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It is ordained and agreed that all who
have cruives [fish traps across rivers or estuaries],
fishings, stanks [ponds] or mills in waters where the
sea ebbs and flows and where little salmon, smolts [young
salmon], fry or other types of fish of salt water or fresh
water descend and ascend, such cruives and machines shall
measure at least 2 inches in length and 3 inches in breadth,
so that they can freely ascend or descend anywhere.
If anyone breaks this law, he shall be
imprisoned for 40 days and heavily fined. Every sheriff in
his sheriffdom shall enforce this law under the king's command
and shall present all charges before the justiciar on his
ayre [judge on his circuit].
NAS: PA5/2
(folio 46)
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