"Benway" wrote in message
news:494FACED.9DB1710A@unsw.edu.au...
he parliament held at Scone on Monday, 7 June, in the year of our Lord 1344,
with continuation of days, the most excellent prince the lord David, by the
grace of God illustrious king of Scots, sitting on the throne of the seat of
majesty.
[1344/2]*[print] [email] [cite] [preceding] [following]
Be it remembered that on the third day of the said parliament, in the
presence of the lord king and all the nobles of the kingdom, Malise, lately
earl of Strathearn, was accused by Robert Maitland, pleading the said lord
king's cause, of felony and treason, namely that the same Malise, not
induced by force or fear nor in error but of his own free will resigned the
earldom of Strathearn by rod and staff into the hands of Edward de Balliol
(by reason of a certain contract entered upon between the said Malise and
Sir John earl of Warenne, the lord king's mortal enemy, in prejudice of the
royal majesty), renouncing perpetually all claim of law to the said earldom
for himself and his heirs forever, and disclaiming his pursuit of the said
earldom in future. And the same Malise compearing, expertly advised by
[Roger] bishop of Ross, William earl of Ross, and many others, entrusted his
cause to William de Meldrum, under correction by his person and his council,
asking licence from the lord king that the said William de Meldrum be
admitted to plead his cause. Which licence having been asked and obtained,
the said William explained in the name of the said Malise that the said
Malise, in the presence of Sir Robert the Steward of Scotland, then
lieutenant of the said lord king, formerly underwent an assize by the whole
kingdom for the said crime, and that the said Malise was discovered to have
had no part in and to be immune from the said crime by the said assize.
Which allegation heard, and diverse opposing allegations given on the part
of the lord king, it was decreed that the said cause be determined by an
assize. So the lord king ordered an assize to be summoned, namely the earls,
barons, knights and freeholders, the names of whom are written individually
on the back of this roll, in which said assize the said Malise by record of
the said assize was found faithful in respect of felony and treason, but
notwithstanding the verdict of the said assize was that the said Malise had
resigned the said earldom into the hands of the said Edward de Balliol by
reason of the aforesaid contract. Wherefore, when the record was made in the
aforesaid form, it was adjudged and given for judgement in parliament held
there that the said earldom should remain with the said lord king, to be
possessed at his will.
[1344/3]*[print] [email] [cite] [preceding] [following]
Be it remembered that, in the presence of the prelates and nobles of the
kingdom in full parliament held there, Sir John Randolph, earl of Moray,
lord of Annandale and Man, confessed that he had no right to the office of
justiciar on the north side of the Scottish sea [the Forth] by way of
heritage, but threw himself on the will of the lord king for obtaining the
said office.
[1344/4]*[print] [email] [cite] [preceding] [following]
The assize summoned upon the treason of Sir Malise, who calls himself earl
of Strathearn, to enquire if the said Malise had resigned the said earldom
to Sir John, earl of Warenne, or not.
a.. Firstly, Sir Duncan, earl of Fife,
b.. Sir Malcolm, earl of Wigtown,
c.. Sir John de Graham, earl of Menteith,
d.. Sir John de Maxwell,
e.. Sir Thomas Boyd,
f.. Sir William de Livingston,
g.. Sir John de Crawford,
h.. Sir Andrew de Douglas,
i.. Sir William de Ramsay,
j.. Sir David de Wemyss,
k.. Sir Hugh de Eglinton,
l.. Sir David de Barclay,
m.. Sir Alan de Cathcart,
n.. Sir Robert de Menzies,
o.. Sir Alexander de Craigie,
p.. Sir Michael Scott,
q.. Sir Michael de Moncur,
r.. William Semple,
s.. Joachim de Kinbuck.
[1344/5]*[print] [email] [cite] [preceding] [following]
These are the cautioners for the whole kin of the late Alexander de Ramsay
and all their adherents, that Sir William de Douglas, lord of Liddesdale,
and all his kindred and all their men and adherents shall be immune from
damage and without whatsoever injury on their account from Saturday, 12 June
1344, until the ninth day after the feast of the Blessed Laurence the Martyr
[10 August 1344] next to come inclusive, namely Sir Duncan earl of Fife, Sir
Maurice earl of Stathearn, Sir William earl of Sutherland, Sir William de
Cunningham. And these are the cautioners for the said Sir William de Douglas
and all his kindred and all their men and adherents, that all the kindred of
the aforesaid late Alexander, and all and sundry their men and adherents
shall all of them in a similar way be without whatsoever offence, and remain
free from penalty and immune until the aforesaid day, namely Sir Robert,
steward of Scotland, Sir Patrick [de Dunbar] earl of March, and Sir Malcolm
de Wigtown.
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