[RobIII/1]¹

Legislation: acts concerning pleas of justiciary

Here begins the method of holding pleas of justiciary

First, the whole roll of attached pledges is to be called so that they may enter the names of the attached. (Their punishment if they have not come will be spoken of below in its proper place.) After that the four or six people who are to be placed on assise are to be called, and then their pledges must be asked if they are willing to be pledges until the trial takes place. If the answer is yes, the attachments are to be placed in the court. But if not, they ought to be kept firmly by the coroner and officers of the court. Then the assise is to be chosen, and, if they place themselves on the assise, then they are to be entered as charged on the roll in the presence of the assise. And the question must be put as to whether they consent to the persons on the assise or not, and let those be removed whom reason demands should be removed. And when the assise comes round, their charge must be read out, corresponding to whatever charge the assise is to give the verdict on. Clerics who have been indicted and attached and presented in court are to be charged. If they are such that they ought to enjoy clerical privilege properly and have alleged this privilege, let them be released to the custody of the dean or other ordinaries who have power in respect of this, under protection of safe and secure pledges, and the charge ought to be named and sent to the diocesan authority or whoever else has the power, under seal of the justiciar.

[RobIII/2]²

Concerning the indictment of a burgess or a man from a regality

Item, if a burgess is indicted and attached and has presented himself in court, if he alleges the liberty of his burgh and asks [that he] ought to have [the jurisdiction of] the community and market, or if he is a man of any regality, his lord or the bailie of his lord should ask that he [be tried] in the court of his lord when he ought to have [justice]. And note that the bailie is held to show and [allege] himself to be a bailie before he ought to be heard, and in the same way concerning the provost of the burgh.

[RobIII/3]³

Where the attached ought to suffer judgement

Item, note that when anyone has been attached at suit, he ought to suffer judgement in the region where the offence or contract is committed, although he may find pledges elsewhere, as happens in various earldoms. But when [he has been] indicted, by the statute of King Robert I⁴ he may be essonzied by the king's service and by the bed illness.⁵ Item, by the statute of King Robert III the second day will be the peremptory day and the second and, etc., etc.⁶

[RobIII/4]⁷

Concerning essonzie and an indicted person

Item, it was ordained in presence of the king in the full parliament at Scone⁸by the king and communities that an essonzie for an indicted person henceforth ought not to be heard, but all which were accustomed to happen on the fourth day should take place on the first day. And note that he who does not enter attached, when repledged, should surrender twelve merks for this, as for evasion by virtue of a saint's day. Note similarly that the accusation of injury ought not to prevent the king's indictment, even though he who shall be challenged of the injury may pass quit, either by reason of an exception, or by pateram.⁹ But if the accusation touches life or limb other than is appropriate for the same, he should not suffer judgement in the king's court nor elsewhere.

[RobIII/5]¹⁰

Concerning the way in which the judgement of a wrongdoer is to be postponed

Item, it was adjudged in the same place that [a case] concerning a receiver of any wrongdoer, to be judged without appeal, is to be postponed until the principal person received can be adjudged. And if the principle person received shall be acquitted, [the receiver] shall be quit without any sort of assise. If, however, the received person shall be found guilty, the receiver will have an assise, and this is to be understood if there are appeals upon the indictment, etc.