[1579/10/65]¹

Act betuix the Erle of Montroise and the tennentis of the bischoprik of Dumblane

Anent the complaint gevin in be Johnne, erle of Montroise, proportand and beirand that he is informit thair wes ane supplicatioun gevin in in the last parliament haldin at Striveling be the tennentis of the temporall landis of the bischoprik of Dumblane, makand mentioun in effect that the saidis landis being sett to him in few be the bischop of Dumblane, he wald not faill be proces of tyme to put out the kyndlie and native tennentis of the saidis landis (quhilk is not of veritie, nevir owthir meanit, thocht or done be him), and thairfoir desiring his few not to tak effect and not to be confirmit, bot to be stoppit at the seillis. To the quhilk the lordis of articles gaif thair answer, as he is informit in this maner, that his infeftment sould be considerit be the lordis commissionaris and not to pas the seillis quhill that he had aggreit with the tennentis quhat fassoun the said erle knew not. And upoun that (as the said erle is informit) gaif furth ane act of parliament aganis him and in hurt and prejudice of his infeftment, the like nevir being done naither at that tyme nor at na tyme of befoir, quhilk act, gif it be sua past, is maist inconsideratlie and inordourlie maid and gevin aganis him in speciall, nevir being callit to the geving thairof, nor yit contenis it ony just caus or is cognitioun tane thairin, quhairfoir the samyn sould have bene gevin, nor he callit to schaw ane ressonable caus, quhairfoir the samyn sould not have bene done aganis all ordour usit in this realme quhen ony thing is proceidit aganis ony persone in particuler, outhir in parliament, sessioun or afoir ony uther inferiour juge. Attour, the said act is gevin in manifest hurt and prejudice of oure soverane lord and aganis the privilegis grantit to him and his hienes predicessouris of befoir in parliament anent the confirmatioun of all fewis of kirklandis, quhilk wes frielie grantit to his hienes and his majesties dearest mothir, bering regiment for the tyme, without ony sic provisioun or prescrivit conditioun as is contenit in the said act gevin aganis him, and swa stopping his hienes to have sic commoditie as the said erle wald be glaidlie contentit to gif for the said confirmatioun. And further, the said act is callit ane act of parliament and swa sould be ane universall law for all the subjectis of the realme and for the commoun welth thairof, is not ane generall act maid and pronuncit for the weill of the haill subjectis, bot ane speciall ordinance maid onlie in favouris of sum particularis, in manifest hurt and prejudice of the said erlis landis and heritages, in stopping and interditing him fra the frie use and dispositioun of his awin landis, aganis all law and ressone, and specialie aganis all ordour usit in sic caises and forme of all confirmationis of few landis usit to be grantit be oure soverane lord, the like quhairof wes nevir usit aganis ony nobilman within this realme quha had gottin few of kirklandis, albeit sum, yea, of the greitast and maist noble of this realme, hes obtenit few ferme infeftmentis of sindrie kirklandis of greitar valour and quantitie nor he, without ony restrictioun or provisioun; and gif the remanent of the nobilmen within this realme havand sic infeftmentis will consent to sic conditionis as is contenit in the said act maid aganis the said erle, he is glaidlie content to accept the samyn and to be als far and straitlie bund to the kyndlie and native tennentis of the ground as ony uther nobilman within this realme, bot that sic ane ordinance of parliament as nevir wes pronuncit aganis ony persone sould tak begynning, ruit and preparative upoun him, that wes nevir found unressonnable nouthir to his awin tennentis nor to na utheris, and that without his consent had thairto, it is ane thing far socht and rather maid for sum uther occasioun unknawin to him nor proceiding of zeall and gude affectioun borne to the haill subjectis and tennentis of this realme, and gif it wer maid indifferentlie aganis all fewaris of kirklandis as aganis the said erle, and swa ane universall and generall act and law, he culd be na mair offendit with the said act nor utheris, bot at sic ane act maid universalie in favouris of all tennentis aganis all fewaris of kirklandis sould stand content. Maist humily, thairfoir, requirand the kingis majestie and lordis of articles to caus revise, consider and ressone the said act, gif ony be maid in maner foirsaid, and gif it be ordourlie proceidit aganis the said erle or not, for ony just caus (quhilk appeirandlie can not be for the causis foirsaidis) and, thairfoir, outhir to annull the said ordinance or to reforme the samyn or to mak sic ane interpretatioun upoun it that in tyme cuming it may not stand as ane law aganis the said erle singularlie in useing of his few landis, bot that he may use and dispone thairupoun as his awin heritage at his plesure, conforme to his richt thairof, law, practik and use within this realme, and as uther nobilmen usis thair few landis and heritages, notwithstanding the said ordinance, as at mair lenth is contenit in the said supplicatioun. And siclike anent the uther supplicatioun gevin in be the native tennentis, auld and kyndlie possessouris of the temporall landis of the said bischoprik of Dumblane, makand mentioun that quhair they, be thame selffis and thair predicessouris, having posseidit and broukit the saidis landis, ilk ane respective for thair awin partis as takismen and tennentis to the said bishop and his predicessouris in all tymes bigane, past memoir of man, and having maid thankfull pament to thame of thair dewiteis of the same, and be ressone Maister Andro Grhame, laitlie providit to the said bischoprik be meanis of Johnne, erle of Montroise, had sett in few the haill temporall landis thairof occupiit be thair predicessouris and thame to the said erle selff, quha wald not faill to remove the saidis tennentis fra thair said native and kyndlie rowmes and put thame, being ma then a thousand personis, to beggartie, and that the said infeftment wes not confirmit, bot stayit for the caus foirsaid, they, be thair supplicatioun maid to oure soverane lord and thrie estaitis of parliament convenit at Striveling the xxv day of Julii, the yeir of God j^M v^C lxxviij yeiris, desyrit that it mycht be statute and ordanit be act of parliament that the saidis fewis of thair saidis rowmes sett ower thair heidis suld nawise be confirmit and that it suld not be lesum to the said bishop to sett tak, rentall, or uther richt thairof, be ressone quhairof they micht be removit naither at his awin instance nor at the instance of ony uther havand the richt of him, they payand thair mailis and dewities thankfullie and uther dew service. Quhilk being sene and considerit be the lordis of articles, and thairwith his hienes and thrie estaitis being weill advisit, his majestie, be the said act, with avise of the saidis thrie estaitis, ordanit the lordis commissionaris depute for confirmatioun of fewis to visie and consider the infeftment and confirmatioun to be past to the said erle of the saidis landis and or they pas the samin to sie that the saidis tennentis be satisfeit for thair kyndnes, and quhill the same wer done dischairget the keiparis of the signet, privie and greit seillis of all appending of the same to the said chartour and of thair offices in that part, as the said act of parliament schawin and producit befoir his hienes and lordis of articles beiris. Seing, thairfoir, the caus of the granting of the said act is not yit removit, maist humily desyring his majestie, with avise of the thrie estaitis presentlie convenit, of new to ratifie the said act in this present parliament, as at mair lenth is contenit in thair said supplicatioun. Quhilkis supplicationis being sene and considerit be the kingis majestie and estaitis foirsaidis, oure said soverane lord, with avise of his saidis thrie estaitis, fyndis and declaris that, in respect of the act of cautioun found be the Erle of Montroise, complenar abone writtin, befoir the lordis compositouris, as the samyne of the dait the xxvij day of Januar, the yeir of God j^M v^C lxxviij yeiris, and that oure said soverane lordis confirmatioun is ellis past upoun the said chartour, that the said act of parliament abonewrittin maid in favouris of the saidis tennentis of the dait abone rehersit on nawise hurtis nor prejuges the said erle; thairfoir ordanis his richtis and titillis to have effect and strenth according to the tennour of the samyn, and alsua fyndis and declaris that the saidis tennentis neidis na confirmatioun of the act of parliament contenit in thair said supplicatioun according to the desire thairof.