Quarta et ultima dies parliamenti
[1633/6/14]*[print] [email] [cite] [preceding] [following]
Parliamentum dicti excellentissimi principis Caroli Dei gratia Scotiae, Angliae, Franciae et Hyberniae regis, fideique defensoris, tentum apud Edinburgh vigesimo octavo die mensis Junii anno Domini millesimo sexcentesimo trigesimo tertio per ipsum dominum regem et omnes regni status infrascriptos, una cum officiariis parliamenti subsequentibus.
[1633/6/15]*[print] [email] [cite] [preceding] [following]
The same day the actes, statuites and lawes, with the particular and severall commissiounes, ratificatiounes, protestationes, declarationes and provisiounes, with uther particular actes and exceptiones eftirmentionat contenit in the same, being red in opin parliament in presence of his majestie and haill estaits, was voited and concludit to stand and have the force of actes of parliament in all tyme coming in manor following. Lykas his majestie, eftir the samyne was voited be the thrie estaits, gave his consent and approbatioun thairto and confirmit the samyne be his royall authoritie, and in token of his consent and approbatioun thairto tuitched the scepter, being presented to him be the clerk of his majesties register, counsall and rolles, off the quhilkes actes and uthers abonewrittine the tennors followes.
[1633/6/16]*[print] [email] [cite] [preceding] [following]
In the parliament holden at Edinburgh the tuentie aucht day of June the yeir of God 1633, the thrie estates of parliament being assembled, having taken to thair consideratione the many blessings which this natione doeth injoy under his majesties most wyse, happie and peaceable government, quhairof each estait is most sensible, his majesties royall zeale for propagating the Gospell of Jesus Chryst, his cair for providing sufficient maintenance for the clergie, his extraordinarie paines taken for uniting the disjointed members of this comoun wealth and extirping of all rootes of discordes, releiving the oppressed and with soe eaven and fatherlie a hand curing the wounds of this comoun wealth as the wysest eye can find no blemish in the temper of all his royall actiounes, and last the great comfort they have by injoying his majesties royall presence, paines takin and expenses debursed by his majestie in this his majesties journey, with a most thankfull acknowledgment, ar most earnestlie and humblie to intreat his sacred majestie to accept of this thair voluntarie offer of ane taxatione to be imposed, collected and payed to his gratious majestie in maner and at the termes following, that is to say: the dukes, marquesses, earles, vicounts, lordes and commissioners of shyres for the temporall estait have grantit that thair sall be uplifted of everie pund land of old extent within this kingdome perteining to dukes, marquesses, earles, vicounts, lords, barones and frieholders and fewers of his majesties propper lands the soume of threttie schillings money at everie one of the sax severall termes following, viz: the soume of threttie schillings money at the feast and terme of Mertimes in the yeir of God 1634; the soume of uther threttie schillings money at the feast and terme of Mertimes in the yeir of God 1635; the soume of uther threttie schillings money at the feast and terme of Mertimes in the yeir of God 1636; the soume of uther threttie schillings money at the feast and terme of Mertimes in the yeir of God 1637; the soume of uther threttie schillings money at the feast and terme of Mertimes in the yeir of God 1638; and the soume of uther threttie schillings money at the feast and terme of Mertimes in the yeir of God 1639. And the archibischops and bischops for the spirituall estait have grantit that thair sall be uplifted of all archibischopricks, bischopricks, abbacies, pryories and uther inferiour benefices within this kingdome at everie one of the sax termes abonespecifiet the just taxatioun thairof as they have beine accustomed to be taxed unto in all tyme bygane whensoevir the temporall lands of this kingdome wer stentit to threttie schillings the pound land of old extent, and the same taxatioun to be payit at everie one of the sax severall termes abonespecifiet. And the commissioners of burrowes for thair estait have granted that thair sall be uplifted of all the borrowes within this kingdome at everie one of the sax termes abonespecifiet the just taxatione thairof as they have bene accustomed to be taxit unto in all tyme bygaine whensoevir the temporall lands of this kingdome wer stentit to threttie schillings the pound land of old extent, and the said taxatioun to be payit at everie one of the sax severall termes abone writtine. And in regaird that his majestie haith erected sundrie prelacies in temporall lordschipes, quhairby the owners thairof may clame to be taxed with the barounes of the temporall estait, and thairby his majestie will be defraudit of a great pairt of the said taxatioun, thairfor the saids estates ordaines that all erectiounes of prelacies and uther small benefices in whole or in pairt in temporall lordschipes sall in payment of the said taxatione pay to the collectors thairof soe much of the same taxatione pro rata as if they wer nowayes erected, and as they wer subject to doe befor the erectione of the same. And siclyk it is statuit and ordanit that all dissolved benifices within this kingdome in whole or in pairt sall be subject in payment of soe much of the same taxatione pro rata as they would have beine subject to pay though the same had not bene dissolved, and that thos pairties quha have gottin any pairt or portione of any prelacies or uther inferiour benefices dissolved and new securities maid wnto thame by his majestie of that pairt and portione thairof soe dissolved sall be subject in payment of the taxatione thairof to the prelate or uther beneficed persone for his releiff of the same taxatione as they would have beine soe the same had not beine dissolved, notwithstanding of any conditione contenit in the infeftments and securities maid by his majestie to thame in the contrarie thairof. And further, his majestie and the saids estaits annull and dischairge all priveledges and immunities quhatsumevir quhairby any persones may think thame selffis frie of payment of this present taxatioun (the priveledges grantit to the ordinarie lords and senators of the colledge of justice and the taxatioun of benefices given, disponed and mortified for entairteniment of the universities, colledges and hospitalls within this kingdome onlie excepted). And further, the saids estaits for a more ample testificatioun of thair exceiding great affectioun to his majesties service have (besyde and attour the ordinarie taxatioun abonewrittine) maid a frie and willing offer to his majestie of ane yeirlie extraordinarie taxatioun of the saxteinth pennie of all anuel rents which any persone or persones within this kingdome haith frielie dew and payable to thame yeirlie or termlie (thair awin anuelrents quhairin they ar adebted to uthers being first deduced), the first termes payment quhairof sall be and begine at the feast and terme of Mertimes in the yeir of God ane thousand sex hundreth threttie four yeirs and soe furth yeirlie and termlie at Whitsunday and Mertimes for the space of sax yeires whill the saids sax yeirs and tuellf tearmes payment thairof be full and compleitlie outrune. And for the better tryall of everie man his anuelrents which he hath yeirlie or termlie dew to him, it is ordanit that this act sall be published at the mercatt croce of Edinburgh and of the whole head borrowes of the schirefdomes, stewartries, baliaries and regalities within this kingdome, whairby all his majesties liedges may have trew notice thairof. And thairwithall the saids estaits wills, comands and ordaines all his majesties subjects that have any anuelrents payable to thame that they compeir within the head burgh of the schirefdome, stewartrie, bailliarie or regalitie or the head burgh of any of thos jurisdictiones quhairin the head courts ar holden, and quhair the saids anuelrenters dwell and have thair ordinarie residence, in any court day in one of the two last weikes immediately preceiding and in one of the two first weikes immediately following Whitsunday and Mertimes, at quhich tyme the schireffis, stewarts, baillies and baillies of regalities and proveist and baillies of frie borrowes within the bounds of thair jurisdictiones sall be obliged to hold courts weiklie to the effect eftirspecifiet. And the lieges resorting to the saids courts sall give up ane inventar to the clerk thairof of the whole soumes of money for quhich anuelrent is dew to thame yeirlie or termlie, with the names of thair debtors designed by name and surname and the ordinarie place of thair residence, as also the whole soumes of money for quhich they ar subject in payment of anuelrents to uthers, with the names of thair creditors to quhome the same is dew, designed lykwayes by name and surname, and the place of thair ordinarie residence, quhither the same anuelrent be in victuall or in silver; the anuall of victuall to be esteimed according to the stock of money for quhich it is payit at aucht for ilk hundreth thairof; and sall caus the pairties upgivers of the saids inventars everie pairtie subscryve his awin inventar himselff, if he can wrytte, and if he can not wrytte, the clerk of the said court sall subscrive the said inventar in face of the court before the members thairof; and also the scheriffs, stewarts, baillies, baillies of regalities, proveist and baillies of frie borrowes within the bounds of thair jurisdictiones, and the clerkis thamselffes, sall mak and give up ane inventar of the debts owing to thameselffes and by thameselffes as said is. It is alwayes provydit that if any persone impedit by reassone of seiknes or distracted by some uther just occasione sall not be present himself to give up the said inventar, it sall be lawfull for him to caus any honest responsall man within the jurisdictione quhair he duells compeir and give up his inventar, provyding the same be subscrived by himselff or any notar at his comand, which the ingiver sall declair to be ane trew deid and sall abide at the same upon the lyke hazard and dainger as the principall pairtie sould wnderly, which salbe als sufficient as if the inventar had beine givin personallie up by the principall pairtie himselff. And ane inventar being once maid and givin up sall still stand and be a ground to chairge any persone during the tyme of the sax yeirs of the said taxatione wnles the pairtie chainge or utherwayes imploy his soumes, and then he sall give up a new inventar, which sall be a new ground of a chairge and the former sall cease. And the said clerk sall mak a record in his register of the said whole inventars, which inventars being soe recordit sall be extracted by the said clerk and subscrived with his hand and thrie extracts maid of the same, one to be givin to the pairtie if he require the same, another to be sent by the said clerk to the collector of the same taxatione and the thride to be sent by the said clerk to the clerk of his majesties register to be keipit amongst the recordes of his majesties exchecker to the intent it may be knowin how far everie pairtie is lyable in payment of the said extraordinarie taxatioun, for the quhich extract and note maid in register, the said clerk sall have of everie persone upgiver of ane inventar the soume of four schillings money; and if by slouth or malice the clerk sall happin to delay or shift the lieges resorting to the saids courts to the effect forsaid (complaint being maid thairof to the lords of his majesties previe counsall), the said clerk sall be punisched accordinglie at the discretione of the saids lordes; and at any court day in any of the saids tuo weikes preceiding or immediatlie following any terme, it sall be leasome to any persone to compeir and offer to give up his inventar (he making payment of the taxatione dew for the same), which the clerk and judge sall be astricted to receave; and albeit it be declarit that ane inventar once givin up sall still stand and be a ground to chairge any persone during the whole termes of the said taxatioun, except the same be chainged in maner forsaid, yet becaus sindrie quha have this libertie delay to mak payment of the taxatioun of thair moneyis eftir the tyme be expyred, thairfor it is provydit and declarit that if they failyie to mak payment of the dew taxatioun of thair moneyis within tuentie dayes eftir each terme, that the pairtie soe failyeing sall be subject in payment of the triple of the said taxatioun for each terme quhairin he failyeis, and letters sall be direct against thame for payment thairof in forme as effeirs. Further, for the better observatione of this act, it is declarit that quhasoevir receaves, reteines or conditiones to receave any anuelrent and concealeth the same or any pairt thairof, or in giving up his inventar of debts and annuells owing by him to his just creditors giveth up more than he is justlie adebted, the upgiver thairof sall forfeit that termes annuell to his majesties use, and quhasoevir first disscovers or revealles ather the annuall concealled or annuall quhich is more than the upgivers just debt sall for his rewaird have the half of that termes concealed annuall and als much as the half of that annuell quhich sall be discovered to have beine wnjustlie gevin up. And incaice it sall happin any persone or persones quhatsumevir by vertew of his upgivin inventar to be chairgit for payment of his taxatione and at the tyme of his chairge to declair in presence of a judge by his great oath solemnlie sworne that his debtor is a bankrupt, quhairby he is disabled to mak payment of his taxatioun and is content the king's majestie sall have the whole annuelrent adebted to him by his bankrupt debtor for that terme, the said declaratione sall be a sufficient liberatione to him of the same. And for ishewing of malicious dilators of those quha have omitted or concealed thair soumes, it is ordanit that quhensoevir any persone sall accuise or dilate another of concealing or omitting of soumes the tyme of making his inventar, he sall condiscend upon some probable caus of his dilatione and sall find cautione de judicato solvi incaice he failyie in proving that quhich he dilates; and thair sall no such actiones of dilationes be lawful againes dead persones, thair airs nor executors except quhat the same haith beine intentit befor the saids persones thair decease, nather sall it be lawfull eftir yeir and day eftir the expyring of the said taxatioun to intend any such actione. And if any persone purchase wedsett of lands and sett the same back againe in take to him quha wedsett the same, the takismen possessors of the lands sall pay for the stent of the lands and the haver of the wedsett sall pay for the anuelrent of his money which he haith one the land as if the same wer imployed for annuelrent. Attoure, it sall not be lawfull by no maner of way to any creditor to gett releiff of his debtor for this taxatioun quhich is imposed upon annuelrents by this statuit wnder the paines contenit in the acts of parliament maid anent usurers. And concerning minors it is declarit that thair minoritie sall nowayes priveledge thame but thair tuitors and curators sall give up thair inventars of thair anuelrents in thair names, which if the saids tutors and curators failyie to doe the saids minors sall incurre the lyke dainger as uthers, and at thair perfyte aige sall have actione of releiff againes the saids tutors and curators for that caus. And incaice any persone depairt out of this kingdome eftir the publicatione of this present act, the same sall nowayes excuise him from giving up ane inventar of his annuelrents and payment of the said taxatione and wnderlying of the dainger contenit in this present act, but they quha ar presentlie furth of this kingdome and sall not returne befor the terme of whitsunday in the yeir of God ane thousand sax hundreth threttie fyve, they sall not come wnder the dainger of this act wntill the terme of Mertimes thaireftir, providing that at that terme they give up thair inventars and pay thair taxatioun as if they had beine present within the kingdome befor the forsaid terme of Mertimes. And for uplifting of the same taxatioun grantit upon annuelrents and to the intent his majesties generall collector thairof may know quhome to crave and chairge for the same, it is statuit and ordanit that within everie schirefdome, stewartrie, bailliarie and regalitie quhair the offices of schireffis, stewartis, baillies are heretable, and the proveist and baillies of frie borrowes, these heretable officers and thair deputtes for quhome they sall be holden to answere, and proveist and baillies of frie burrowes, sall collect the said taxatione and mak payment thairof to his majesties collector generall of his saids taxationes; and quhair thes offices of schireffis, stewartis and baillies are not heretable bot chaingeable, the clerks within the saids jurisdictiones having thair offices ad vitam sall be collectors thairof; and incaice the saids clerks have not alreadie fund sufficient cautione for dischairging of thair offices, they sall be holden befor they have any intromissioun with the same taxatione or exercise thair office of schireff clerk eftir the forsaid terme of Mertimes in the yeir of God ane thousand sax hundreth threttie four yeires to find sufficient cautione for that effect; and quhair thair ar no heretable officers nor clerks having thair offices ad vitam and have not fund cautione in maner abonewrittine, the said collector generall of his majesties taxatioun and his deputtes in his name sufficientlie authorized by him and for quhome he sall be holden to answere, and whose name he sall caus publisch at the mercatt croce of the head burgh of that jurisdictione quhair thair is no heretable officers nor clerkes ad vitam, that his majesties lieges may know to quhome they sall mak payment, sall collect and uplift the same taxatione, which payment being maid, the receaver thairof sall be obleissed to deliver to the payer thairof ane acquittance upon the ressait of the same gratis, without payment of any money for the same. It is lykwayes provydit that the fies of the collectors and receavers of the same taxatioun of annuelrents sall be lykas, heirby they ar remitted to the discretioun and arbitrement of the lordes of his majesties previe counsall to be sett downe and aggried upon by thame. And the said estates heirby decernes and declares that all burgess and friemen within burgh albeit they be taxed in the ordinarie taxatioun abonewrittine with thair nichboures conforme to the order prescrived for collecting of the borrowes pairt of the said ordinarie taxatione, yett the same sall nowayes liberat nor frie thame frome payment of thair pairts of the said extraordinarie taxatioun according to the proportione of the saxteinth pennie of thair annuelrents, bot sall be lyable in payment thairof as others his majesties lieges ar. Attoure, the saids estaits annulls and dischairges all priveledges and immunities quhatsumevir quhairby any persone may think thameselffes frie of payment of any pairt of this present extraordinarie taxatioun, the priveledges and immunities grantit to the ordinarie lordes of sessioun with the annualrents dew to be payit to colledges, schooles and hospitalls or mortified for sustentatione and upholding of kirks and bridges with the annuelrent that micht be clamed of poore people whose stock exceids not the soume of fyve hundreth markes scottes onlie excepted.
[1633/6/17]*[print] [email] [cite] [preceding] [following]
In the parliament holden at Edinburgh wpon the tuentie aucht day of June, the yeir of God 1633, the thrie estaites of the said parliament being assembled, having taken to thair consideratione the many blessings which this natione doeth injoy wnder his majesties most wyse, happie and peaceable government, quhairof each estait is most sensible, his majesties royall zeale for propagating the ghospell of Jesus Chryst, his cair for provyding sufficient maintenance for the clergie, his extraordinarie paines takin for uniting the disjointed members of this comoun wealth and extirping of all rootes of discordes, releiving the oppressed and with soe eaven and fatherlie a hand curing the wounds of this comoun wealth, as the wysest ey can find no blemisch in the temper of all his royall actiones, and last the great comfort they have had by enjoying his majesties royall presence, paines taken and expensis debursed by his majestie in this his majesties journey, with a most thankfull acknowledgment, ar most earnestlie and humblie to intreat his sacred majestie to accept of this thair voluntarie offer of ane taxatioun ordinarie to be imposed, collected and payed to his gratious majestie in maner and at the termes following, that is to say: the soume of threttie schillings money at the feast and terme of Mertimes in the yeir of God 1634; the soume of uther threttie schillings at the feast and terme of Mertimes 1635; the soume of uther threttie schillings at the feast and terme of Mertimes 1636; the soume of uther threttie schillings money at the feast and terme of Mertimes 1637; the soume of uther threttie schillings money at the feast and terme of Mertimes 1638; the soume of uther threttie schillings money at the feast and terme of Mertimes 1639. And for the spirituall men and burrowes pairts of the same taxatione, that thair sall be uplifted of everie archibischoprick, bischoprick, abbacie, pryorie and uther inferiour benefice and of everie frie burgh within this kingdome at everie one of the saids sax termes payment the just taxatione thairof, and as they have beine accustomed to be taxt wnto in all tyme bygane quhensoevir the temporall lands within this kingdome wer stented to threttie schilling money the pund land of old extent, and the same taxatioun to be payit at everie one of the sax severall termes abonewrittin. And for inbringing of the spirituall mens pairts of the same taxatione, ordaines letters to be direct chairging all and sundrie archibischops, bischopes, abbotes, pryores, as lykwayes all noblemen and uthers in whose favoures the erectione of any prelacie or other inferiour benefice or any pairt or portione thairof, be it in lands, kirks or teinds, or in whose favours the patronage of any benefice, kirks or teinds ar past, and all uther beneficed persones contenit in the taxt rolles, thair heretable baillies, chamberlanes, factors and intromettors with thair rents and livings, personallie or at thair duelling places, and by open proclamatione at the mercat crosses of the head burrowes of the schirefdomes, stewartries and bailliaries quhair the saids prelacies, erected lordschipes and small benefices ly, if they be within this kingdome, and if they be without this kingdome by open proclamation at the mercat croce of Edinburgh, peir and schoare of Leith upon thriescoir dayes wairning, to mak payment of that soume that they and ilk ane of thame ar taxt wnto for everie one of the saids sax termes to the collector generall of the said taxatione appointed or to be appointed by his majestie or his deputtes and officers in his name having his power and commissioun to receave the same at the particular termes abonewrittin, wnder the paine of rebellione and putting of thame to the horne; and if they failyie thairin, at the by passing of everie one of the saids termes, to denunce the dissobeyers rebells and putt thame to the horne and to escheat etc. And that the prelates and beneficed persones and such noblemen and uthers in whose favours the erectiones and patronages abonewrittin ar past, for thair releife have letters chairging their vassells, subvassells, ladies of terce, conjunctfiars and lyfrenters, fewers, takismen and pensioners to make payment of thair pairt of the said taxatioun, ilkane of thame pro rata, according to the sowme they sall be taxt wnto, to the saids prelates and uther beneficed persones and to the saids noblemen and uthers having power to receave the same within tuentie dayes nixt eftir the chairge, wnder the paine of rebellione etc.; and if they failyie etc. to denunce etc. and escheat etc. and to poind and distreinyie thairfor as they sall think most expedient, provyding alwayes that the first termes payment of the said taxatioun be ever past befoir the nixt termes payment be chairged for. And the estates declare that the productione of sufficient hornings against the saids vassells, fewers, takismen and pensioners sall be a releiff to the saids prelates, lords of erectione and beneficed persones and sall exoner thame pro tanto frome payment of the said taxatioun, providing that the same hornings with thair taxt rolles authenticklie maid and subscryved by the saids prelates, lords of erectiones and uthers beneficed persones and by thair fewers, vassalles, takismen and pensioners in maner heireftir prescryved, containing the particular sowme which each one of thame is taxt wnto, be delivered to the collector of the same taxatione within the space of thriescoir dayes eftir everie terme, otherwayes he sall be no wayes obliged to receave the same, nather sall the prelate, lord of erectione nor beneficed persone be exonerit by productioun of the same at any tyme thaireftir. And farther, that the saids prelates and such noblemen and others in whose favours the erectiones and patronages abonewrittin ar past and all other beneficed persones may have thair releiff of thair vassells, subvassells, ladies of terce, conjunctfiars, lyfrentars, fewars, takismen and pensioners, to the greater ease and less trouble to thair saids vassells and uthers forsaids, and to the effect that everie one proportionallie may pay his pairt of the said taxatione according to the quantitie and availl of the frie rent which he haith of his benefice, landes, pensiones, kirkes and teind scheaves pertening to him, alsweill prelate, lord of erectione, patrone and other beneficed persones thameselffes as the fewer, takisman and pensioner, it is thought expedient, statuit and ordanit that the saids prelates and uthers abone rehearsit everie one of thame severallie, sall conveine his whole fewers, vassells, takismen and pensioners at the particular places heireftir designit, they ar to say: the Archbischope of Sanctandrois at the citie of Sanctandrois, the Archbischop of Glasgow at the citie of Glasgow, the Bischope of Orknay at the towne of Kirkwall, the Bischope of Caitnes at the towne of Durnoch, the Bischope of Rosse at the towne of Chanorie of Rosse, the Bischope of Murray at the towne of Elgin, the Bischope of Abirdeine at the burgh of Abirdeine, the Bischope of Brechin at the burgh of Brechin, the Bischope of Dunkeld at the towne of Dunkeld, the Bischope of Dumblane at the towne of Dumblane, the Bischope of Galloway at the towne of Wigton, the Bischope of Argyle at the towne of Inerara, the Bischope of the Ylles at the burgh of Rothesay in Bute, the abbot of Icolmkill at the burgh of Invernes, the pryor of Ardchattan at the burgh of Inuerara, the abbot of Ferne at the burgh of Tayne, the Lord of Bewlie at the burgh of Invernes, the Lord of Kinloss at the burgh of Forres, the pryor of Pluscarden at the burgh of Elgin, the Lord of Diere at the towne of Piterhead, the pryor of Fyvie at the towne of Turreff, the pryor of Monymusk at the towne of Monymusk, the Lord of Arbroth at the towne of Arbroth, the Lord of Scone at the burgh of Perth, the Lord of Cowper at the towne of Cowper in Angus, the pryor of Restenneth at the burgh of Forfar, the collector of the same taxatione in place of the pryor of Charterhous, the seat now vacand, at the burgh of Perth, the pryor of Elcho at the same burgh of Perth, the pryor of Straphillane at the kirk of Comrie, the Lord of Inchechaffray at the burgh of Perth, the pryor of Inchmahomo at the burgh of Sterling, the pryor of Sanctandrois at the citie of Sanctandrois, the baillie of the regalitie of Dumfermling at the burgh of Dumfermling, the Lord of Balmerinoch at the burgh of Cowper in Fyffe, the Lord of Lundores at the burgh of Cowper in Fyffe, the maisters of Sanct Leonards Colledge in Sanct Androes for the pryorie of Portmocke at the burgh of Cowper in Fyffe, the pryor of Pettenweyme at the burgh of Pettenweyme, the Lord of Sanct Colmbe at the burgh of Inverkeithing, the Lord of Culros at the towne of Culros, the abbot of Cambuskenneth at the burgh of Stirling, the Lord of Torphichen at the burgh of Linlithgow, the pryor of Manwell at the burgh of Linlithgow, the Lord Halyrudhous at the burgh of Edinburgh, the Lord Newbottle at the burgh of Edinburgh, the pryoreses of Hadingtoun at the burgh of Hadingtoun, the lord of the temporall lands of the pryorie of Northberwicke at the burgh of Northberwicke, the patrone and persone of the kirk of Kilconchare, dissolved frome the pryorie of Northberwick, at the towne of Elie, the patron and persone of the kirk of Largo, dissolved frome Northberwicke, at the towne of Largo, the patrone and persone of the kirk of Mayboill, dissolved frome Northberwicke, at the towne of Mayboill, the patrone and persone of the kirk of Logie, dissolved from Northberwicke, at the burgh of Sterling, the Lord of Kelso at the towne of Kelso, the Lord of Coldinghame at the towne of Eymouth, the Lord of Dryburgh at the towne of Dryburgh, the pryor of Eccles at the towne of Dunce, the pryor of Coldstreame at the burgh of Dunce, the Lord of Jedburgh at the towne of Jedburgh, the Lord of Melrosse at the towne of Melrosse, the Lord of Paislay at the towne of Paislay, the Lord of Blantyre at the burgh of Glasgow, the Lord and baillie of the temporall lands of Kilwining, dissolved frome the abbacie of Kilwining, at the burgh of Irwing, the abbot of Corsraguell at the towne of Mayboill, the pryor of Whithorne at the burgh of Whithorne, the abbot of Saulsette at the burgh of Whithorne, the pryor of Sanct Marie Ile at the burgh of Kirkcudbricht, the Lord of Dundrennane at the burgh of Kirkcudbricht, the Lord of Glenluce at the burgh of Wigtoun, the abbot of Tungland at the burgh of Wigtoun, the abbot of Newabbay at the burgh of Dumfreis, the abbot of Holiewood at the burgh of Dumfreis, the pryor of Cannabie at the burgh of Annand, the baron and baillie of the barronie of Broughtoun, dissolved frome the lordschip of Halyrudhous, at the burgh of Edinburgh, the heretors of the hundreth pund land of the baronie of Monkland, dissolved frome the lordschip of Newbottle, at the citie of Glasgow, the minister of Felfoord at the burgh of Air, the minister of Scotlandwell at the burgh of Sanct Androis, the minister of the crosse kirk of Peibles at the burgh of Peibles, the patron and person of the kirk of Dundie, dissolved frome the abbacie of Lundores, at the burgh of Dundie, and all other small beneficed persones at the paroche kirks of thair particular benefices; and that they convein to the effect abonewrittin upon the thretteine day of August in the yeir of God jM vjC threttie four yeires, which is declared to be the precise day appointed for all thair vassells, fewers, takismen and pensioners to keip the said meitting, and that no further citatione nor summoning sall be requisite than this proclamatioun and publicatione of this present act at the mercat croces of the head burrowes of this kingdome. And heirwith it is resolved by his majestie and the saids estates that if any vassells, subvassells, fewers, takismen of teinds, pensioners or any other justlie bound to mak releif to prelate, lord of erectione, patrone or other beneficed persone of any pairt of the said taxatione sall send any procurator in his name, sufficientlie authorized, to the said meitting, the same sall not onlie excuise the principall pairties absence, but the procurators sall be admitted in all things and receaved to doe and performe in the distributione of the said taxatione quhat could, or lawfullie micht, have bene done by him who sent him; is lykwayes declared that the prelate, lord of erectione, patron or other beneficed persone impedit by disease or distracted upon some other necessarie occasione frome attending that meitting, having his absence supplied that day by a sufficient worthie persone whome he sall authorize and appoint to that effect, sall be als lawfull as if he wer personallie present himselff, and the pairtie soe authorized sall be admitted and receaved in all thinges to doe and performe in the distributione of the same taxatione quhat could, or lawfullie micht, have bene done by him who sent him. It is further statuit and ordanit that at the said day of meitting the saids prelates, lords of erectiones, patrones and other beneficed persones sall by thameselffes or by thair procurators lawfullie authorized as saidis fence and hold a court call by name and surname upon everie one of thair vassells, subvassells, fewers, takismen of teinds, pensioners and others obleissed to releive thame of any pairt of the same taxatione, and lawfull tyme of day, being biddin to schew to thair saids vassells, fewers, takismen and pensioners or thair procurators compeiring for thame the quantitie of the taxatione imposed upon thair prelacie, erected lordschip or other benefice authenticklie subscrived by the clerk of the same taxatione, and they all (at the least soe many of thame as sall conveine for this effect with one consent) sall destribute the same to be payit by everie man, als weill by the prelate, lord of erectione and present possessor of small benefice for the frie rent that everie one of thame haith of thair prelacies, erected lordeschipes and small benefices, as by the vassall, fewer, takisman and pensioner according to the great and small quantitie of the frie rent quhich everie one of thame hath ather of thair lands, teinds or pensiones; with certificatioun to any of the saids persones, fewers, vasselles, takismen and pensioners that compeir not by thameselffes or thair procurators at the day and place aboneaspecifiet to the effect forsaid, that such as sall conveine with the saids prelates, lordes of erectiones, patrones or uther beneficed persones or thair procurators sall proceid in the equall distributione of the same taxation alsweill amongst thame that ar absent as present and sall mak and subscryve ane autentick taxt roll thairupon. And incaice that none of the saids vassells, fewers, takismen and pensioners sall conveine at the day and places abonespecifiet to this effect by thamselffes or thair procurators, bot sall wilfullie absent themselffes frome the said meitting, it sall be lawfull for the saids prelates, lords of erectiones, patrones and uther beneficed persones being present by thamselffes or thair procurators at the day and places abonespecifiet to mak, sett downe and subscryve the same taxt roll; and incaice any of the saids prelates, lordes of erectiones, patrones or uther beneficed persones sall not conveine by themselffes or thair procurators at the day and places abonespecifiet particularlie designit to everie one of thame, it sall be lawfull for the saids vassells, fewers, takismen and pensioners (at the least soe many of thame as sall conveine by thamselffes or thair procurators) to mak, sett downe and subscryve the said taxt roll, which taxt roll sall conteine the particular soume that everie sall be fund justlie to be adebted to pay, the pairties name adebted to pay the same, and the caus quhairfoir the same aucht to be payit; and being soe sett downe ather by the prelates, lords of erectione, patrone and uther beneficed persone or thair lawfull procurators with soe many of thair vassells, subvassells, fewers, takismen of teinds, pensioners and uthers obleissed to releive thame of any pairt of the same taxatioun as sall convein with thame to this effect, and incaice that none sall conveine with thame, the said roll being then sett downe by the prelate, lord of erectione, patrone or uther beneficed persone or thair lawfull procurators, or incaice of thair absence being sett downe, maid and subscrived by the most pairt of the saids vassells, fewers, takismen and pensioners by thamselffes or thair procurators as sall conveine thamselffes for this effect, his majestie and the saids estates decerne to be als lawfull in all respects as if the whole number of persones having interest thairin had conveined, maid, sett downe and subscrived the same; which taxt roll being soe sett downe, maid and subscrived in maner abonewrittine (and no utherwayes) and delivered to the clerk of the taxatioun, his majestie and the saids estates ordaine him to give warrand for giving of letters of releiff thairupon, dischairging him in any caice to give warrand for giving of letters of releiff upon any roll presented wnto him not maid and autenticklie subscrived in forme abonewrittin as he will answere to the contrarie upon his perrell. It is lykwayes statuit and ordanit that takismen of teinds sall have thair releiff of their subtakismen pro tanto, respect being had to the gersome payit by the said subtakisman. And for inbringing of the barrones and frieholders pairt of the same taxatione and of the fewers and rentallers of oure soverane lords propper lands thair pairts thairof, ordaines letters to be direct chairging all and sindrie schireffis, stewarts, baillies, thair deputtes and clerks, fewers, chamberlanes and receavers of oure soverane lords propper lands that they, and everie one of thame within the bounds of thair propper offices, raise and uplift the soume of threttie schillings money of this realme of everie pund land of old extent lying within the bounds of thair jurisdictiones for everie one of the sax termes abonespecifiet, and inbring and deliver the same to the collector forsaid or to his deputtes and officers in his name having his power to receave the same at the particular termes abonespecifiet, wnder the pane of rebellion etc.; and if they failyie, at the bypassing of everie one of the saids termes, to denunce and escheat etc. And for thair releiff that letters be direct chairging all and sundrie dukes, earles, lords, barones, frieholders, fewers and rentellers of oure soverane lords propper lands personallie or at thair duelling places and by open proclamatione at the mercat croce of the head burgh of the schirefdome, stewartrie, bailliarie quhair thair lands ly, if they be within the kingdome, and if they be without the kingdome by open proclamatione at the mercat croce of Edinburgh peir and schoare of Leith upon thriescoir days wairning, to mak payment to the saids schireffs, stewarts and baillies, thair deputtes and clerks, chamberlanes and receavers of oure soverane lords propper lands, everie one of thame for thair awin pairts respective, of the said soume of threttie schillings money forsaid for everie pund land of old extent perteining to thame for everie one of the saids sax termes payment within tuentie dayes nixt eftir they be chairgit thairto, wnder the paine of rebellione etc.; and if they failyie etc., to denunce and escheat etc., and if neid be that the saids schireffs, stewarts, baillies, thair deputtes and clerks, chamberlanes and receavers of oure soverane lords propper lands poind and distreinyie the reddiest goods and gear being upon the saids lands thairfor as they sall think most expedient, and that the saids earles, lords, barones and frie holders, fewers and rentallers of oure soverane lords propper lands have letters for thair releif to chairge thair vassels, subvassels, ladies of tearce, conjunctfiars and lyfrentars to mak payment of thair pairts of the said taxatioun within tuentie dayes nixt eftir the chairge, wnder the paine of rebellione etc.; and if they failyie etc. to denunce etc. and escheat etc., and if neid be that they poind and distreinyie thairfor, provyding alwayes that the first termes payment of the said taxatione be ever past befoir the nixt termes payment be chairgit for. And for inbringing of the borrowes pairt of the same taxatioun, ordaines letters to be directed chairging the proveist and baillies of ilk burgh to mak payment of the taxt and rent thairof to the collector generall forsaid, his deputies and officers in his name having his power to receave the same at the particular termes abonespecifiet, wnder the paine of rebellione etc.; and if they failyie etc. to denunce and escheat etc. And for thair releife that letters be direct chairging the proveist, baillies and counsall within each burgh to conveine and elect certane persones to rent thair nichboures; and the said electione being maid, to chairge the persones elected to accept the chairge upon thame in setting of the said stent upon the inhabitants of everie burgh, and to conveine and sett the same and mak a stent roll thairupon as effeirs within tuentie four houres nixt eftir thair chairge, wnder the paine of rebellione etc.; and if they failyie etc. to denunce and escheat etc. And siclyk the said stent roll being maid and sett downe as said is, to chairge the burgesis, induellers and inhabitants within ilk burgh to mak payment of thair pairt of the said stent to the proveist and baillies conforme to the taxt roll to be givin ont thairupon within thrie dayes nixt eftir the chairge, wnder the paine of rebellione etc.; and if they failyie etc. to denunce etc. and escheat etc.; and if neid be that the saids proveist and baillies poind and distreinyie thairfor as they sall think most expedient. It is alwayes provydit that no persone quhatsumevir be stented or taxt within burgh except according to the availl and quantitie of his rent, leiving, goodes and gear quhich he haith within burgh, nowayes respecting his lands nor possessiones quhich he haith to landward, for the quhich he will be obleised to pay taxatione to other officers, provyding alwayes that the first termes payment of the said taxatione be ever past befoir the nixt terme be chairged for. Attour, his majestie and his saids estaits decerne and declaire that the chairges to be givin for payment of the said taxatioun sall be executed befor the termes of payment abonespecifiet for everie termes payment particularlie be it selff, and that the denunciatione of horning following thairupon sall not be execut wntill the termes payment be bypast and tuentie dayes thaireftir, which denunciatione soe following upon the chairges givin befor the saids termes of payment his majestie and estaites decerne and declair to be valide and sufficient. And his majestie and the saids estates, considering the great abuise quhich haith beine used in all tyme bygane by sundrie of the liedges of this kingdome against all good conscience in causing of thair poore fermorars, tennents and labourers of the ground, being removeable, who ar subject in payment of verie deir fermes and other dewties, to releive thame of the whole burdein of bygane taxationes, which haith beine the occasione of impoverisching a number of the saids fermorars, labourers and tennents and bringing of thame to utter wrack and rewin, whairas of reasone they sould be altogider frie frome payment of any taxationes and the same sould be payit by such as have frie rents, lands and goodes of thair awin; for remedie quhairof, it is statuit and ordanit that no persones quhatsumevir exact or compell his tennents or fermorers removeable quha payes ferme and uther dear dewties for the lands occupyit by thame to pay any pairt of this present taxatione or to seik releife at thair hands of the same; and if the same be fund done by any persones, that they sall be callit and convenit thairfor befor his majesties justice and his deputtes or befor his majesties counsall as violent and maisterfull oppressors of his majesties subjects and punisched thairfor according to justice. And further, the saids estaites, beside the ordinarie taxatione abonewrittin, have for the space of sax yeirs nixt and immediatlie following the terme of Mertimes 1634 yeirs frielie and voluntarlie grantit to his majestie a yeirlie extraordinarie taxatioun of the saxteinth pennie of all annuelrents quhich any persone or persones within this kingdome haith frielie dew and payable wnto thame yeirlie and termlie (thair awin annuelrents quhairin they ar adebted to uthers being first deduicit), the first termes payment thairof sall be and begine at the said feast and terme of Mertimes 1634 yeires, and soe furth yeirlie and termlie at Mertimes and Whitsunday wntill the saids sax yeirs and tuelf termes payment thairof be fullie and compleitlie out run. And quhairas his majestie and estates have by act of parliament authorized all and sundrie heretable schireffs, stewarts, baillies and baillies of regalities and thair deputtes and the proveist and baillies of frie borrowes within the bounds of thair jurisdictiones, as lykwayes the clerks within the jurisdictiones quhair thes offices ar not heretable, quhich clerks have thair offices ad vitam, to collect the said extraordinarie taxatioun, and to mak payment thairof to the collector generall of the same taxatioun; thairfor, and for inbringing of the said extraordinarie taxatioun, ordaines letters to be direct chairging all and sundrie the saids heretable schireffs, stewarts, baillies, baillies of regalities and thair deputtes and clerks and the saids proveist and baillies of frie borrowes and thair clerks, as lykwayes the clerks within the jurisdictiones quhair thes offices ar not heretable, that they and everie one of thame by north the water of Dee, within the space of fyifteine dayes eftir everie terme of Mertimes and Whitsunday, and that they and everie ane of thame by south the water of Dee, within the space of ten dayes eftir everie terme of Mertimes and Whitsunday, deliver to his majesties said collector generall a trew and just accompt and inventar of the whole soumes of money dew to be payit by any persone within the bounds of thair jurisdictioun for his pairt of the said extraordinarie taxatione, and that they give up the same compt and inventar upon thair oath solemnlie sworne that the same is just and trew, and to mak payment to his majesties said collector generall, or to his deputes in his name having his power to receave the same, of the whole moneyis dew to be payit to his majestie, conforme to the said compt and inventar, within tuentie dayes eftir each terme, wnder the paine of rebellione. And incaice the saids schireffs, stewarts, baillies, baillies of regalities, thair deputtes and clerks failyie etc. to denunce and escheat etc., for whose releife that letters be direct chairging all and sindrie the saids annuelrenters to mak payment to the saids schireffes, stewarts, baillies, baillies of regalities, thair deputtes and clerks, proveist and baillies of frie borrowes of the said saxteinth pennie of all annuelrents frielie dew and payable to thame within tuentie days nixt eftir the chairge, wnder the paine of rebellione etc.; and if they failyie, to denunce etc., and, if neid be, that the saids schireffs, stewarts, baillies of regalities, clerks, proveist and baillies of frie borrowes poind and distreinyie thairfor as they sall think most expedient. And his majestie and the saids estaits ordaine the lords of sessioun to be onlie judges to all suspensiones to be craved and suted by any of oure soverane lords lieges toutching the saids taxationes, which suspensiones the saids estaits find may be grantit upon lawfull and equitable reasones to be considerit by thame, and dischairges all uther judges within this kingdome of granting of any suspensiones thairanent; with power to the saids lords to diligate fyve at the least of thair ordinarie number as they sall think expedient, to sit, cognosce and decide the saids suspensiones in tyme of vacance if neid be, and siclyk to deputt commissioners for trying and judging of concealments with als ample and full power to be givin to thame as the saids lords of sessioun by vertew of this present act have.
[1633/6/18]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse, consent and assent of the whole estaites, acknowledging his majesties soveraigne authoritie, princelie power, royall prerogative and priviledge of his crowne over all estaites, persones and causes quhatsumevir within this kingdome, ratifies and approves the act of parliament maid in the yeir 1606 anent the king's royall prerogative and perpetuallie confirmes the same for his hienes, his airs and successors, als amplie, absolutelie and frielie in all respectis as ever any of his majesties royall progenitors did possess and exercise the same; and with all remembring that in the act of parliament maid in the yeir 1609 anent the apparell of judges, magistrats and kirkmen, it was agried that quhat order soever his majesties father of blissed memorie sould prescryve for the apparell of kirkmen and sent in writte to his clerke of register sould be a sufficient warrand for inserting the same in the bookes of parliament, to have the strength of ane act thairof, have all consented that the same power sall remaine with the persone of oure soverane lord and his successors that now is, and with the same clause for executione thairof as in the said act is contained.
Followes his majesties lettre to the clerk register:
To our trustie and weilbeloved counsailour Schir Johne Hay of Barro, knicht, clerk off register. Sic suprascribitur: Charles R[ex].
Trustie and weilbeloved counsailour, we great you weill. Whairas it was declaired be ane act off our late parliament that what ordour so ever we sould be pleased to appoynt for the apparell off churchemen and sould send it in writt to our clerke register sould be a sufficient warrant for inserting the same in the buiks of parliament, to have the strenth off ane act thairof, we have now determined the same according to the warrant heirinclosed, signed both abone and underneath with our awin hand. And it is our pleasure that accordinglie yow unsert this inclosed ordour concerning thair habites in the buiks off parliament, to have the strenth off ane act thairoff in all tyme cuming, for doing whairoff these presents salbe your sufficient warrant. From our court at Whytehall, the 15 day of October 1633.
Followis the warrant inclosed in the foresaid lettre, suprascrived be his majestie and als subscryved wnder and sealed with the court signed.
Sic suprascribitur: Charles R[ex]. Followis the warrant:
The ordour appoyinted by his majestie for the apparrell off churchemen in Scotland to be insert in the buiks off parliament conforme to the act off the late parliament maid thairanent
It is our pleasure that all the lords, archbischops and bischops within that our kyngdome off Scotland sall, in all publick places, weare gownes with standing capes (such as they used at oure leite being there) and cassocks, and the inferiour clergie, especiallie after they have taiken the degree off doctours or bachelours in divinitie or be preachours in any toune, sall weare the same habite for faschioun bot for worth according to thair meanes, and no tippets unles they be doctours. And furder, our pleasoure is that the lords, archbischops and bischops sall, in all churches where they come in tyme of divine service or sermoun, be in whytes, that is in a rochett and sleeves as they weare at the tyme off our coronatioun, and especiallie whensoever they administer the holy communioun or preach; and they sall lykewayes provide thame selffis a chymer (that is a sattyn or taffetie gowne without lyning or sleeves) to be worne over thair whytes at the tyme of thair consecratioun. And we will that all archbischops and bischops aforesaid that are off our privie counsaill or off our sessioun sall come and sitt there in there whytes and mayntayne the gravitie off thair places. And for all inferiour clergymen we will that they preach in thair black gounes, bot when they reade dyvine service Christen burye or administer the sacrament off the Lords supper they sall weare there surplies, and, if they be doctours, there tippets over thame. And als weill archbischops and bischops as other ministers when they administer the holy communioun in our chappell royall or any cathedrall church within that our kyngdome sall weare capes, and not onely they, bot all inferiour preests and ministers sall at tymes and places befoir mentioned use thair squarr cappes, especiallie in all our universities. Gevin att Whytehall, the 15 off October 1633.
Et sic subscribitur: C[harles] R[ex]. Seeled with the court signett.
[1633/6/19]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates, ratifies and approves all and quhatsumevir actes and statuites maid befor anent the libertie and friedome of the trew kirk of God and religione presentlie professed within this realme, and ordaines the same to stand in thair full force and effect as if they wer speciallie mentionat and sett downe heirin.
[1633/6/20]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with the advyse of the estates, ratifies the act of secreit counsall daited at Edinburgh, the tent day of December, ane thousand sax hundreth and sexteine yeirs, maid anent the planting of schooles, with this additione: that the bischops in thair severall visitatiounes sall have power, with consent of the heretors and most pairt of the parischioners, and if the heretor, being lawfullie wairnit, refuisis to appear, then with consent of the most pairt of the parischioners, to sett downe and stent upon everie plough or husband land according to the worth for maintenance and establisching of the saids schooles. And if any persone sall find himselff greived, it sall be lawfull to him to have recourse to the lords of secreit counsall for redres of any prejudice he may or doeth susteine. And ordaines letters to be direct for chairging of the possessors for the tyme to answere and obey the schoolemaisters of the dewties that sall be appointed in maner forsaid.
[1633/6/21]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with the advyse of the estates, wnderstanding that certane persones piouslie disposed have of late bestowed certane giftes in lands, heretages and soumes of money in favours of colledges, schooles, hospitalls and uther pious uses, which by the administrators and such others as they have entrusted with the managing thairof ar inverted to uther uses than the will of the disponer, upon some specious pretences contrarie or different frome the disponers intentione, to the evill example of others and the hinderance of such and the lyke chiritable workes, against all reasone and conscience. Thairfor it is statuit and ordanit that it sall nowayes be lawfull to alter, chainge or invert any of the saids gifts, legacies and other pious donationes to any uther use than the specifick use quhairwnto they ar destinate by the disponer himselff; and that the airs, executors or uthers entrusted with the saids gifts and legacies sall be comptable for the same to the use of the kirkes, colledges and uthers to quhome the saids dispositiones wer maid; and that actiones sall be competent, ather to the saids kirkes, colledges and uthers to quhome the same wer disponit, or to the bischops and ordinaries within the diocesses quhair the saids kirks, schooles and others abonespecifiet ly, for compelling thame to apply the same to the trew use and to mak compt and payment of the ordinarie proffeitts of everie yeirs intromissioun at the rate allowed by the lawes of the realme by and attour the fulfilling of the disponers will. And this act to be extendit to all dispositiones maid at any tyme since the majoritie of King James the Saxt or to be maid heireftir in all tyme coming, and that letters of horning be direct at thair instance by deliverance of the lords of sessioun without citatione of pairties.
[1633/6/22]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with the advice of the estaites, ratifies and approves the act of parliament maid in the yeir of God ane thousand fyve hundreth fourscoir and sevin yeires, anent the invaders of ministers, with this explanatione and additione: that quhasoevir invaides any minister or putts any violent hands one him by thameselffis, thair men, tennents, servants or any uthers by thair hounding out, directione or allowance for quhatsoever caus or occasione, whether the same be for the caus contenit in the said act or for any uther caus otherwayes then by order of law, or doeth offer violence to thame, sall incure the lyke paine as is contenit in the said act and sall be judged eftir the forme and maner thairin prescryved; and declares that the same sall be extendit to all archbischops, bischops and ministers quhatsumever having power by lawfull warrant to preach and administer the sacraments. And becaus the malice of some is such that the invasione and violence forsaid may be comitted by lawles and wnresponsall men, the hounders out of quhome can not be gottin detected, soe as the benefeit of this act and the indemnitie of the saids churchmen and thair forsaids may be frustrat, thairfor it is statuit and ordanit that the landlords and heretors and cheiff of clannes and uthers in whose bounds the saids offenders duell or haunt ordinarlie sall be holden upon the complaint of the pairtie offendit to the lords of his majesties secreit counsall to exhibite and produice the saids malefactors befor the saids judges to be censured and punisched corporallie, or otherwayes in thair estates if they be responsall at the discretione of the saids judges. And if it sall happin the saids offenders to absent and remove thameselffes out of the bounds of the saids heretors and landlords and uthers one quhome they depend soe that the saids landlords, heretors and uthers forsaids may pretend that it is not in thair power to exhibit the forsaids delinquents, thairfoir it is statuit that if eftir the giving in of the said complaint befor the saids judges and certiorating of the saids landlords and uthers forsaids ather by citatione, chairge or intimatione, or any uther legall maner of way, if the said delinquents sall be fund within the bounds of the saids landlords and uthers forsaid, haunting publictlie and openlie by the space of ten dayes, that then and in that caice the saids landlords and others forsaid sall be estemit as connivers with the delinquents and be obleissed wnder the lyk censure and punischment to exhibit thame to the counsall.
[1633/6/23]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with the advyse and consent of the estates of parliament, ratifies and approves the act of commissioun of surranders and teinds of the dait at Halyrudhous, the tuentie saxt day of June, the yeir of God 1627 yeirs, whairof the tennor followes.
The commissioners, eftir reassoning upon the lowest proportion and provisioun quhairwith the ministrie serving the cure at each kirk sall be provydit, have fund it meit and expedient that the lowest proportione sall be aucht chalder of victuall quhair victuall is payed or proportionallie in silver or victuall as the commissioners sall appoint at the setling of the kirk and according to the estait of that pairt of the cuntrie quhair the payment of the stipend sall occurre, and think it meit that the said proportione of aucht chalder of victuall or proportionallie in silver as said is sall be the lowest maintenance to each kirk, except such particular kirkes occurre quhairin thair sall be a just, reasonable and expedient caus to goe beneath the quantitie now determined. And his majestie and estates forsaids referres to the commissioners to be chosen by his majestie at this present parliament the consideratioun of the reasones and causes quhich may move thame (eftir the valuatione of the trew worth of the teinds of ilk paroche be closed) to determine and modifie a lesse quantitie for the ministers maintenance nor the quantitie forsaid of aucht chalder of victuall or aucht hundreth merks in victuall or moneyes proportionallie, and quhat the saids commissioners sall determine thairin the same to stand notwithtanding of this present ratificatioun. And also his majestie and estates ratifies and approves the whole particular acts of the said commissioun of surranders and teinds quhairby stipends ar appointed and modifiet by the saids commissioners alreadie, and ordaines the ministers to quhome the same is assigned to have intromissioun thairwith, and that the lordes of sessioun direct letters of horning and poinding in favours of the saids ministers conforme thairto upon ane simple chairge of ten dayes allanerlie, and also upon all uther acts to be maid for plantatione of kirkes by the commissioners appointed by his majestie and estates for that effect. And it is declared that thes presents sall be without prejudice to the titulars and uthers having interest to persew for rectifeing of such valuationes as ar or sall be enormlie [under]valued†, and also without prejudice of the ministers maintenance and augmentatioun proportionallie effeiring to the trew and just worth of the teind.
[1633/6/24]*[print] [email] [cite] [preceding] [following]
Forsomuch as oure soverane lord the king's majestie, schortlie eftir the decease of his majesties umwhile dearest father King James the Saxt of ever blissed memorie, for preserving of the libertie and priveledge dew to his majestie by the comoun law and by the actes and statuites of the kingdome, and following the laudable custome used befor by his majesties predicessors in making of thair revocationes, did upon the tuelf day of October 1625 mak and give furth his generall revocatione wnder his privie seale, as the same in the selff at more lenth beares. And his majestie, being now present in his royall persone within this kingdome and having by Gods grace, favour and blessing, and with the generall acclamatione, joy and comfort of his subjects, accepted the crowne thairof quhairin he is gloriouslie inaugurate, and now holding the first parliament of his whole estates of the said kingdome, with quhome his majestie haith advysed and resolved anent the said revocatioun, thairfor his majestie, with consent of the thrie estates and whole bodie of this present parliament, haith statuite, enacted and ordanit and, by these presents, statuites, enactes and ordaines in maner following: in the first, his majestie and whole estates of parliament revokes, casses and annulls all infeftments, chairtors, precepts, confirmationes, alienationes, gifts, donationes, richts, securities and uther dispositiones quhatsumevir of any rents, lands, lordschipes, baronies, heretages, teinds, patronages of kirks, offices, priviledges and uthers quhatsumever annexed to the principalitie or to the prince quha is second persone of the realme maid, convoyed, signed or consented wnto by his majesties selff in his minoritie and less aige or by his majesties umquhyle dearest father for himselff as prince of Scotland, or as father and lawfull administrator to his majestie, or to umquhyle Prince Henrie, his majesties brother of worthie memorie, or by the said umquhyle Prince Henrie himselff, or maid and grantit by his majesties said umquhile dearest father or any uther his majesties predicessors kings of Scotland in thair tymes to quhatsumever persone or persones in hurt and prejudice of the prince second persone forsaid, or maid and grantit by his majestie at any tyme preceiding the dait heirof wnlawfullie and against the lawes of the kingdome, the same being tryed and fund to be soe. Item, his majestie, with consent of the saids estaites, revokes, casses, annulls, retreats and rescinds all and sundrie infeftments, grants, dispositiones, confirmationes and uther richts quhatsumever maid by his majestie induring his minoritie and lesse aige to quhatsumever persone or persones in fee, frank tenement or utherwayes of the lands, kirkes, teinds, patronages, offices and others perteining to the lordschip of Dumfermling, to the quhich his majestie succeedit as onlie sone and air to his majesties umquhile dearest mother, Queine Anna, quha wes heretablie infeft in the said lordschip of Dumfermling. And siclyk revokes all gifts, alienationes, dispositiones and uther richts quhatsumever maid by his majestie or his said dearest mother wnlawfullie and against the lawes of the kingdome of the said lordschip or of any lands, teinds, offices, kirkes, patronages and uthers pertening to the said lordschip at any tyme preceiding the dait heirof, the same being soe fund and verified befor the ordinarie judge. Item, his majestie and estates forsaid revokes, casses, annulles, retreats and rescinds all and sundrie infeftments, chartors, gifts, donationes, confirmationes, alienationes, pensiones and uther dispositiones quhatsumevir maid, convoyed, signed or consented wnto by his majestie or by his majesties umquhyle dearest father, or by any uther his majesties predicessors in thair severall tymes to quhatsumevir persone or persones in any maner of way in fee, fewferme, frank tenement or utherwayes quhatsumever of any lands, rents, lordschipes, barronies, patronages of kirkes, customes, annualls, fischings, liberties of fischings, burrow mailles, other rents, castle wards or other quhatsumever annexit to the crowne offices of justiciarie, stewartrie and bailliarie within the same apperteining thairto, contrarie to the acts of annexatione maid thairupon of befor, and quhair lawfull dissolutioun of the said annexatione was not maid by his majestie, his said umquhyle dearest father and his said predicessors kings of Scotland in their majoritie, with consent of the thrie estaits of parliament in thair severall tymes, for setting of the same in few ferme with augmentatione of the rentall to the effect the same may be of non availl in tyme coming eftir the dait heirof by way of actione, exceptione or reply. Item, his majestie, with consent forsaid, revokes, annulls, retreats and rescinds all infeftments, donationes, alienationes and uther dispositiones quhatsumever maid by his majestie or his said umquhile dearest father, ather in thair minoritie to thair hurt and lesione, or in thair majoritie against the lawes and actes of parliament, to quhatsumever persone or persones of quhatsumever lands, rents, annuells and revenewis not annexit to the crowne, quhairof his majesties umquhile dearest grandmother Queine Marie was in possessioun befor the coronatione of his majesties umquhile dearest father of happie memorie, and of all offices such as chamberlanries, bailliaries, office of custumarie maid for moe yeirs bot frome the exchecker till the compt be maid in the exchecker following constablries, bailliaries, takes and rentalls of his majesties propper lands and rents abone the space of fyve yeirs maid and grantit contrarie and against the lawes and acts of parliament of the kingdome, the same being soe fund and tryed. Item, his majestie, with consent of the estates, revokes, casses, annulls, retreats and rescinds all and quhatsumevir infeftments, rentalls and other richts quhatsumever, of any pairt of the annexit propertie or of the few fermes of quhatsumever propper lands annext to his majesties crowne maid to quhatsumever persone by his majestie or his umquhyle dearest father or any uther his majesties predicessors which ar maid in diminutione of the rentall and hurt of the patrimonie of the crowne quhair the diminutione may be proved and verrified. Item, his majestie revokes, casses, annulls, retreats and rescinds all and quhatsumever infeftments, alienationes and dispositiones maid by his majestie or by his umquhyle dearest father or any uther his majesties noble progenitors of the few ferme victuall of any lands perteining to the crowne which wer lawfullie sett in few of befor for payment of the few ferme victuall, and the same few ferme victuall is sett thaireftir in few or utherwayes for silver payment becaus such a sett or fewferme being soe fund and tryed is clearlie wnderstoode to be to the great abuse, hurt and diminutione of his majesties patrimonie and rent. Item, his majestie revokes, casses, annulls, retreats and rescinds all infeftments, alienationes and dispositiones with all takes and assedationes and any uther sort of conveyances quhatsumevir maid by his majestie or his majesties dearest father, or any uther his majesties predicessors kings of Scotland, against the lawes of the kingdome to quhatsumever persones of his majesties castles and houses or places and rowmes quhairupon the saids castles and houses wer situat, although now demolisched by injurie done to his majestie and the said crowne, and siclyk all infeftments, alienationes and dispositiones and all uther sort of conveyances quhatsumever of any of his majesties medowes, woods and parks with all takes, assedationes and uther dispositiones thairof maid by his majestie or his predicessors forsaids against the lawes of the kingdome, the same being soe fund and tryed. Item, his majestie revokes, retreats and rescinds all and sundrie infeftments, alienationes, giftes, dispositiones or any other conveyances quhatsumever maid by his majesties said umquhyle dearest father or any uther his majesties predicessors kings of Scotland induring thair minoritie and lesse aige and not thaireftir confirmed in thair majoritie to quhatsumever persone or persones in fewferme or lyfrent of all lands and annuelrents which become in thair hands as propertie by richt of the crowne, through bastardrie or being last air, by recognitione or foirfaultor or utherwayes, with all confirmationes if any be granted in parliament thairupon, provyding that presentatione to tennandries fallen by occasione forsaid sall in no wayes come wnder this present revocatioun becaus the same being casualities could not remaine in his majestie or his saids predicessors hands in prejudice of the superior of the saids tennandries, bot of necessitie it behoved thame to present heretable tennants to the saids superiors. Item, his majestie, with consent forsaid, revokes, casses, annulls all new infeftments, confirmationes and uther conveyances quhatsumever givin by his majesties said umquhyle dearest father or any uther his majesties predicessors kings of Scotland to quhatsumever persone or persones of any lands, baronies, lordschipes or uther heretages quhatsumever to be holden in blensch ferme, which wer holden of his majestie or his predicessors of befor by service of ward and releiff, and that in soe far as the same is or may be fund and verefied to have beine granted against the lawes and actes of parliament of the kingdome, without prejudice alwayes to the heretable possessors incaice of reductione of thair chainged tenors to brook and hold thair saids lands heretablie as they wer holden befor the alteratione of the said holding. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all regalities and gifts of regalities and all confirmationes and ratificationes of the saids gifts and regalities maid, givin or granted or consented to by his majestie or his said umquhyle dearest father or any uther his majesties predicessors kings of Scotland against the actes and statuits that no regalities sould be givin in heretage without advyse and deliberatione of the whole parliament, togither with all chartors, infeftments, confirmationes, gifts de novo damus and uther richts quhatsumever maid by his majestie or his predicessors abonenamit of quhatsumever heretable offices against the lawes and actes of parliament of the kingdome. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all new creation of lands, baronies and annexationes and uniones of divers lands in fee which ar maid by his majestie or his said umquhyle dearest father or any uther of his majesties predicessors kings of Scotland in prejudice of thair dew service owing of befor, togither with all dischairges givin of the said service and sutes of court dew of old, and that in soe far as the same is or may be found to be unlawfullie maid or against the lawes of the kingdome. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all new infeftments maid and givin by his majestie or his said umquhyle dearest father or any uther his majesties predicessors kings of Scotland of creatione of baronies and lordschipes annexit to the crowne forsaid in favour of quhatshmever persone in soe far as the same is or may be verefied to have beine maid and grantit wnlawfullie and against the lawes of the kingdome. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all infeftments, gifts and dispositiones quhatsumever sett, givin and grantit by his majestie or his said umquhyle dearest father or any uther his majesties predicessors kings of Scotland to quhatsumever persone or persones in fee, few ferme or lyfrent, of quhatsumever hospitalls, masondieus, lands or rents perteining thairto in hurt or prejudice of consciences and against the lawes and acts of parliament of the kingdome to the end that the saids hospitalls may be reduiced to the first institutione for upholding of the poore, soe far as may be done by the lawes of the kingdome, providing alwayes that the rents of the Trinitie Colledge besyde the burgh of Edinburgh and uther rents assigned to the hospitall and colledge erected by the proveist, baillies and counsall of the burgh of Edinburgh be nowayes comprehendit wnder this present revocatioun. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all and quhatsumever giftes, pensiounes, gifts of fees, wages, liveries and dispositiones out of his majesties casualities and coffers givin by his majestie or by any of his majesties noble progenitors (except such as sall be of new granted by his majestie againe), togither with all presentationes to offices and places which by the lawes of the realme fall wnder his majesties revocatione, excepting alwayes the presentationes, fees and pensiones givin to the ordinarie officers of the crowne eftirspecifiet, thair deputtes and clerks and to the other persones eftir mentionat, which ar declared nowayes to sall within this present revocatioun, they ar to say: the fees and pensiounes givin and assigned to the thesaurar, comptroller and collector principall and to his majesties deputte thesaurer and to thair deputtes and clerks, to the secretarie principall and his deputtes, to the clerk of register, to his majesties advocate and the justice†clerk and thair deputtes, and to the maister of requeists, and to the procurator for the poore director of the chancellarie and dictator of the rolles. And also declares the pensiounes and uthers underwrittine nowayes to fall wnder his majesties revocatioun, viz: the pensioun to the Duke of Lennox, his umquhyle father or wnkle; the pensione to the Erle of Morton, with the tak and assedatione of Orknay and Shetland; the pensione to Sir Robert Ker of Ancrum; the pensione to Maister Johne Sandielands; the pensione to Sir James Lokhart; the pensione to Sir James Levingstoun; the pensione to Sir Williame Balfour; the pensione to Halbert Maxuell; the pensione to Sir James Carmichaell; the pensione to Sir James Ramsay; and the pensione to Sir Johne Murray of Revilrige, which his majestie and estates declair sall stand in effect, notwithstanding of this present revocatioun. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all gifts, pensiones and frie dischairges of the thrides of benefices grantit by his majestie or his said umquhile dearest father or any uther his majesties predicessors kings of Scotland to quhatsumever persone or persones against the lawes and actes of parliament of the kingdome, with all takes of thrides of benefices quhairby the rentalled dewtie is diminisched or quhair the whole benefice is sett and disponit in diminutione of the thride thairof, in sa far as the same is contrarie to the lawes of the kingdome as said is. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all and quhatsumever infeftments maid by his majestie or his said umquhyle dearest father or any uther his majesties predicessors of any church lands, fryer lands, monk lands or comoun lands which any wayes fell and became in thair hands as propertie, and that in soe far as the same is or may be verrified to be maid contrarie and against the lawes and actes of parliament of the kingdome, reserving alwayes the infeftment maid for erectione and sustentatione of hospitalls and ministers within burrowes quhair thair is no assignatione nor stipend allowed furth of the thrids of benefices for sustentatione of the ministers thairof, and declares that all such infeftments of church lands as is befor exprimed falls wnder this revocatione if the persone or persones and thair successors to quhome the same have beine disponit have not answered and performed the caus and ends expressed in the saids infeftments, and for the which the saids infeftments was grantit by his majestie and his predicessors as said is. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all takes and assedationes quhatsumever of any comoun churches within the realme of Scotland maid by his majestie or his said umquhyle dearest father or any uther his majesties predicessors kings of Scotland in sa far as the same is or may be fund and verefied to be maid against the lawes and actes of parliament of the kingdome, providing alwayes that thair sall be sufficient ministers appointed to serve the saids churches quha sall mak residence and sall be sufficientlie sustained of the reddiest fruites of the saids comoun kirks according to the generall order taken thairanent. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all gifts of monkes portiones, first fruites or fyft pennie of any benefices quhairwnto his majestie haith richt by the actes of parliament maid befor to that end, and that in soe far as the saids giftes ar or may be fund to be grantit against the lawes of the kingdome. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all gifts and infeftments maid, done and consented wnto, to quhatsumever persone or persones by his majestie or his majesties said umquhyle dearest father or any other his majesties predicessors kings of Scotland of quhatsumever advocatione, donatione and richt of patronage givin or annexit to any lordschips, lands or baronie quhair the said patronage, advocatione and donatione of benefice perteinit not befor of richt, bot which taketh the begining and grund frome any gift and infeftment thairof maid, with this clause de novo damus quhair the purchaser of the said infeftment had no richt to the said patronage, advocatione and donatione of befor; and that in sa far as the same is or may be fund to be grantit against the lawes and actes of parliament of the kingdome. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all gifts, dispositiones of superplus omitted of the fruites of benefice givin by his majestie, his said umquhyle dearest father, or any uther his majesties predicessors kings and queines of Scotland in sa far as the same is or may be fund and verefied to be grantit against the lawes and acts of parliament of the kingdome. Item, his majestie, with consent of the estates, revokes, casses, annulls, retreats and rescinds all grants and infeftments of erectiones of quhatsumevir abbacie or uther prelacie in whole or in pairt, temporalitie or spiritualitie thairof, maid and grantit or consented wnto by his majestie at any tyme preceiding the dait heirof, to and in favours of quhatsumevir persone or persones, and declares the same null and of nane availl by way of actione, exceptione or reply. And als his majestie and estates revoke all infeftments of erectiones maid and grantit by his majesties said umquhyle dearest father or any his majesties predicessors kings or queines of Scotland of quhatsumever abbacie, priorie, nunrie, preceptorie or any uther erected benefice quhatsumever of quhatsumever nature, qualitie or conditione, quhairof the presentatione sould pertein to his majestie if the same wer not erected in a temporall baronie, lordschip or leving or of any pairt or pendicle thairof, ather spiritualitie or temporalitie of the same, to and in favours of quhatsumever persone or persones, and that in soe far as the same is or may be verrified to be grantit against the generall lawes and acts of parliament of the kingdome, and to that effect revokes, casses, annulls, retreats and rescinds all actes, statuites and dissolutiones of any of the saids erected benefices, lands or teinds of the same quhairupon the saids infeftments of erectiones ar or have beine foundit, and that in soe far as the same is or may be fund and verrified to be contrarie to the generall lawes, actes of parliament and statuits of the kingdome as said is. And generallie his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all actes, constitutiones, dispositiones, grants, conveyances, ratificationes and all other things quhatsumever done or consented wnto by his majestie at any tyme preceiding the dait heirof, or by his umquhyle dearest father or by any other his majesties predicessores kings and queines of Scotland in detriment of thair soule and conscience, in hurt and detriment of the crowne and church, and contrarie to the lawes and actes of parliament of the kingdome, and wills and declares that thes presents sall be als amply extendit and to be of als great effect in generall and speciall as any revocatione maid by any of his majesties royall predicessors befor the dait heirof contenit in the bookes of parliament, which in all heades, clauses, circumstances thairof ar holdin as heir repeatted. And also his majestie, with consent of the estates, ordaines and decernes that albeit it sall happin his majestie for any respect or consideratione to suffer any persone or persones to use or possess any priveledge or possessiones, lands, rents, offices quhich ar fallen wnder the compas heirof, that it sall mak no richt to the users and holders thairof, bot it sall be lawfull to his majestie and his successors to intromett thairwith quhen ever it sall please thame by vertew of thes presents actes and consuetudes of the realme maid befor without any obstacle, impediment or contradictione.
[1633/6/25]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates of this present parliament, ratifies and approves the whole actes of annexatione of quhatsumevir lands, lordschipes and baronies annext to the crowne by his majesties umquhile father or any other his majesties predicessors. And farther his majestie and estates forsaides, and without dirogatione of the former annexationes, of new annexes the same to the crowne, to remaine thairwith for ever according to the conditiones and provisiones contenit in the former actes of annexatione of lands to the crowne, and speciallie of the act of annexatione maid in the dayes of King James the Second in the moneth of August 1455. Attoure his majestie, with consent forsaid, declares the richt and title of superioritie of all and sundrie lands, baronies, mylnes, wodes, fishings, towers, fortalices, manour places and whole pertinents thairof perteining to quhatsumever abbacies, pryories, pryoresis, preceptories and quhatsumever uther benefices of quhatsumever estate, degrie, title, name or designatione the same be of, erected in temporall lordschipes, baronies or livings befor or eftir the generall act of annexatione of kirklands maid in the moneth of Julii 1587 yeirs, togither with the whole few maills, few fermes and other rents and dewties of the saids superiorities, to be annexed and to remaine with the crowne for ever, reserving to such lords and titulars of erectiones and each one of thame who have subscryved the generall surrander the few maills and few fermes of thair said superiorities ay and quhyle they receave payment and satisfactione of the soume of ane thousand merkes usuall money of Scotland for each chalder of few ferme victuall overhead and for each hundreth merks of few maills and for each hundreth marks worth of all uther constant rent of the saids superiorities not consisting in victuall or money and not being naked service of vassalles, according to the tennor of his majesties generall determinatione and according to the conditiones thairin exprest, and reserving to thame and to all uthers titulars of erectione thair propertie and propper lands, to be holdin of his majestie and his successors in few ferme for payment of the few ferme dewties and other dewties contenit in the old infeftments maid to thame, their predicessors and authors befor the said act of annexatione. Lykas his majestie and estates forsaids finds and declairs that all titulars of erectione without exceptione sall hold thair propertie and propper lands of his majestie and his successors in few ferme for payment of the few ferme dewties contenit in the infeftments grantit to thame and thair forsaids befor the said act of annexatione and no utherwayes. And his majestie and estates declares all richts and deads quhatsumever maid and grantit to quhatsumever persone or persones preceiding the dait heirof which may prejudge his majestie and his successors in the peacible brooking, injoying and possessing of the saids superiorities and few ferme dewties abonespecifiet (excepting and reserving as said is) to be null and of nane availl, force nor effect by way of actione, exceptione or reply. And siclyke his majestie and estates ratifies and approves the acts of parliament maid by his majesties said umquhyle dearest father of eternall memorie, the fyfteine parliament, cap. 233, intitulat, 'Anent the annexatione of the king's annexit propertie', togither with the 234 act of the said parliament intitulat, 'The annexit propertie may not be disponit bot in few ferme allanerlie', and also the 236 act of the same parliament, intitulat, 'Dispositione of the annexit propertie maid befor the dissolutione or not conforme to the conditiones thairof is null', and siclyke the 243 act of the said fyfteinth parliament intitulat, 'Anent ratificationes or dispositiones maid in parliament', and ordaines the same to have full force and effect in all tyme coming, and declares all deides done in contrarie thairof to be null and of nane availl by way of actione, exception or reply. It is alwayes declarit that wnder this present act nor no claus thairof sall nowayes be comprehendit the temporall lands, superiorities and others perteining to quhatsumever archibischops, bischops and thair chaptors, bot that the same sall remaine with thame and thair successors wnhurt or prejudgit by this present act.
[1633/6/26]*[print] [email] [cite] [preceding] [following]
Forsomuch as albeit the lands, lordschipes, baronies and others of old ar laitlie annexit to the crowne, wer and ar, for great and wechtie considerations tending to the weill of the crowne and whole realme, ordanit to remaine with oure soverane lord and his successors for ever and not to be disponit nor annalied in fee nor lyfrent to quhatsumever persone or persones without advyce of the thrie estaits of parliament, and for profitable and seine causis tending to the weill of the whole realme, yett nevertheles it haith beine ever thocht expedient in the dayes of oure soverane lords most glorious predicessors and nowayes dirogatorie to the conditiones of the saids annexationes, bot agreable thairto as tending to the publick weill of the crowne and kingdome that the annext and propper lands sould be set in few ferme for increase of policie and augmentatione of the rentall. And his majestie being weill pleased to observe and fallow the ordour keipt by his majesties predicessors forsaids anent his majesties annexit propertie, thairfor his majestie, with consent of his thrie estates of parliament, statuites and ordaines that it sall be lawfull to his majestie enduring his tyme to set all and sundrie lands, baronies, lordschipes, milnes, fischings and other his majesties proper lands, both of the old and new annexit propertie and of the temporalitie of kirklands, in few ferme, soe that it be not in diminutione of his majesties rentall, gressumes and other dewties, bot in augmentatione thairof, providing alwayes that this present dissolutione sall nowayes be extendit to the setting in fewferme of any of oure soverane lords castles, palaces, yards, woods, parkes, forrests, pastures for sheip and nolt, and in speciall the lowmonds of Falkland, coalheuches and offices, bot the same to remaine inseparablie annext to the crowne notwithstanding of this present dissolutione. And declares that this present dissolutione sall endure for the lyftyme of oure soverane lord, the king's majestie quha now is, allanerlie soe that the lands and others forsaids which he setts in few ferme in his tyme, with the condition forsaid, sall stand perpetuallie to and in favours of the receavers thairof, thair aires and successors, and eftir his decease the annexationes maid at this present parliament and of befor sall returne to the awin nature.
[1633/6/27]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaites of parliament ratifies and approves the act of the lords of counsall and sessione of the dait at Edinburgh, the penult of Marche 1630 yeires, anent the interruptione of the act of prescriptione in favours of his majestie and his successors, together with the act of secreit counsall of the dait at Halyrudhous, the tuentie saxt day of May 1630 yeirs, whairby the saids lords of secreit counsall have allowed and approved the said act, and ordaines the saids actes to be insert in this present ratificatioun. And his majestie and estates declares the saids acts to have the full force, effect and executione of a law, statuite and act of parliament in favours of his majestie and his successors in all tyme coming.
Followeth the tennor of the act of counsall and sessione:
At Edinburgh, the penult day of Marche, the yeir of God 1630 yeirs. The quhilk day, in presence of the lords of counsall and sessione, comperit personallie Sir Thomas Hope of Craigehall, knicht baronett, his majesties advocate, and presentit ane letter directed frome his sacred majestie, quhairof the tennor followeth: Rex. Richt trustie and richt weilbeloved cousigne and counsaller and trustie weilbeloved, we greet yow weill. Whairas by act of parliament maid in the moneth of June 1617 yeirs all heretable richts cled with fourtie yeirs possessione ar declared to be irreduceable in all tyme coming, except the same be quarrelled within the space of fourtie yeirs, and by the same act thair is libertie grantit to all persones quha micht be prejudgit by the said prescriptione of fourtie yeirs alreadie run and expyred befor the dait of the said act to intend thair actiones within the space of threttein yeirs eftir the dait of the said act; and whairas we, schortlie eftir the decease of oure dearest father of eternall memorie, maid oure generall revocatioun in the moneth of October 1625 yeirs, which revocatioun we by tuo speciall letters of declaratione, one of the dait at Whythall, the tuentie saxt day of Januar 1626 yeirs, and registrat in the bookes of secreit counsall the nynt of Februar 1626 yeirs, and ane uther of the dait at Wainsteed, the ellevint of Julii 1626 yeirs, and registrat in the bookes of secreit counsall upon the tuentie ane of Julii 1626 yeirs, have restricted to the annulling of richts of the propertie of the crowne, als weill annexed as wnannexed, quhairof accompt haith beine maid in exchecker, and of the principalitie wnlawfullie disponit by oure predicessors against the lawes and actes then standing, and to the annulling of erectiones and uther dispositiones of quhatsumever lands, teinds, patronages and benefices formerlie belonging to the kirk and since annext to the crowne, and of any other lands and benefices mortified and devoted to pious uses, and of regalities and heretable offices, and of the chainge frome the auncient holdings of ward and releif to blench or taxt ward since the yeir of God 1540 yeires. And becaus we wer wnwilling to enter in proces with oure subjects anent the premisses, bot rather desyrit to tak a fair course with all such as would voluntarlie treat with ws or oure commissioners thairanent, thairfor we wer pleased by oure commissioun of the dait at Whytehall, the sevinteine day of Januar 1627 yeirs, to appoint certane of oure nobilitie, clergie, gentrie, barounes and burrowes to be commissioners to treat and deale betuix ws and oure subjects anent the premisis. And albeit the said commissioun haith maid a good progres in the said mater of erection and teinds, and that a great number of oure subjects having interest thairin have subscryved to ws general submissiones, whairupon we have givin furth oure severall determinationes for the good of oure subjects and establisching of the perpetuall quietnes and peace of that oure auncient kingdome, yet it is certane that many of thes quha have interest in erections and teinds ly furth and have not subscrived the saids generall submissiones, lykas also the remanent pointes of oure said commissioun anent the patronage of kirks, richts and infeftments of oure propertie and principalitie, regalities, heretable offices and chainged tenors of holding in blensche or taxt wards ar not as yett begun to be handled and treated, and can not be possiblie finisched and closed befor the expyring of the tyme and yeires of interruption allowed by the said act. And becaus we will not suffer oure selffe or oure successors to be prejudgit by delay of the executioun of the said commissioun of the lawfull actiones competent to ws and thame for reducing of such richts of the premisis to the which we have wndoubted interest, and sieing a multitude can not be commodiouslie summoned and wairnit personallie or at thair duelling places in soe schort tyme as is to run of the said tyme of prescriptione, thairfor, and for preservatione of oure richts and actiones competent to ws and oure successors anent the premisis necessarie, it is that some solemne act be done by ws to testifie oure will and resolutione to prosecute oure saids actiones in the owin tyme if the same be not takin away and removed by the said commissioun, which we think can not be more properlie and convenientlie done nor by inserting of this oure declaratione in your bookes of sessione and directing of letters of publication thairupon certifieing all oure lieges quha have interest in the premisses by open proclamatione at the mercat croce of oure burgh of Edinburgh and other places neidfull of this oure pleasure, will and declaratione, and that the same be declared by yow to have the strenth, force, vertew and power of a legall and perfect interruptione. And thairfor we require yow immediatelie eftir the sicht heirof to caus insert thes presents in youre bookes of sessione and to declare the same to have the force of a legall and lawfull interruptione, and to direct letters of publicatioun thairupon in forme as effeirs, which, not doubting yow will doe, we bide yow fareweill frome oure court at Whythall, the tuentie nynt day of November 1629 yeirs. With the which letter, tenor, contents and desyre thairof, eftir that the same with the act of parliament quhairunto it is relative was read in thair whole presence, the saids lords being weill and ryplie advysed and having considerit the justice and equitie of his majesties will and pleasure thairin contenit, they have ordanit and ordaines the said letter and declaratione thairincontenit to be insert and registrat in thair bookes of sederunt, and ordaines letters of publicatione to be direct and pass thairupon certifieing all his majesties lieges who have interest by open proclamatione at the mercat croce of Edinburgh and other mercat crosses of the kingdome quhair the lands, baronies and others wnder writtine ly, or quhair the persones and subjects duell and remaine against quhome the said declaratione is to have the effect of a legall interruptione in manor following, and by open proclamatione at the said mercat croce of Edinburgh, pier and schoare of Leith for all such of his majesties lieges who ar furth of this realme, of his majesties pleasure, will and declaratione, and of the saids lords thair decreit and authoritie interponit thairto. Lykas the saids lords declare that the said declaratione registrat as said is and to be publisched in maner forsaid sall have the strenth, force and power of a legall and perfect interruptione against all persones having interest, and that in soe farre allanerlie as may be extendit to the particulars following, to witt: to his majesties annexit propertie and his majesties propertie wnannexit quhairof the fermes, dewties or few fermes have beine compted in his majesties exchecker since the moneth of August 1455 yeirs and wnlawfullie disponit by his majesties predicessors against the actes of parliament and lawes of the kingdome, and to the principalitie wnlawfullie disponit by his majesties predicessors against the actes of parliament and lawes of this kingdome, and to the reductione of quhatsumever erectiones of quhatsumever benefices, spiritualitie or temporalitie thairof, against the lawes and actes of parliament, and to the reductione of quhatsumever patronages of kirkes perteining to his majestie and his predicessors and wnlawfullie disponit by thame against the acts of parliament, and against wnlawfull dispositiones of quhatsumever lands, teinds or rents doted to hospitalls or masondieus, and wnlawfullie disponit against the actes of parliament, and against regalities and heretable offices wnlawfullie disponit contrarie the actes of parliament, and against all chainged tenors of holding frome ward to blensch or taxt ward grantit by the kings and princes in thair minorities, and not grantit or ratified by any king or prince being major, with this declaratione: lykas the saids lords declare that the same sall not prejudge any persone quhatsumever of thair lawfull defence competent to thame against any actione to be intendit heireftir at his majesties instance and his successors, except in soe far as concerne the said act of prescriptione, quhairupon the saids lords declare that no exceptione sall be foundit in prejudice of his majestie and his successors.
Followes the tenor of the act of secreit counsall:
Apud Holyrudehous vigesimo sexto die mensis Maij anno Domini millesimo sexcentesimo trigesimo. The quhich day, in presence of the lords of secreit counsall, comperit personallie Sir Thomas Hope of Craighall, knicht baronett, his majesties advocate, and gave in the act of sessione wnder writtine maid in favours of his majestie anent the interruptione of the act of prescriptione and desyrit the same to be insert and registrat in the bookes of privie counsall and the lords authoritie to be interponit thairto. Which act of sessione being read, heard and considerit by the saids lords, and they being thairwith and with the desyre of the said advocate weill advysed, the lords of secreit counsall think the course and ordour takin by the saids lords of sessione for interrupting of the said act of prescriptione to be just and reassonable, and thairfor they ordaine the said act of sessione to be insert and registrat in the bookes of privie counsall, quhairof the tenor followes:
At Edinburgh, the penult day of Marche, the yeir of God 1630 yeirs. The which day, in presence of the lords of counsall, comperit personallie Sir Thomas Hope of Craighall, knicht baronett, his majesties advocat, and presentit a letter direct frome his sacred majestie, quhaireof the tenor followes: Charles Rex. Richt trustie and richt weilbeloved cowsigne and counsallor and richt trustie and weillbeloved, we greet yow weill. Whairas by act of parliament maid in the moneth of June 1617 years all heretable richts cled with fourtie years possessione ar declared to be irreduceable in all tyme coming, except the same be quarrelled within the space of fourtie yeirs, and by the same act thair is libertie grantit to all persones who micht be prejudgit by the said prescriptione of fourtie yeirs alreadie run and expyrit befor the dait of the said act to intend thair actiones within the space of thretteine yeirs eftir the dait of the said act. And whairas we schortlie eftir the decease of oure dearest father of eternall memorie maid oure generall revocatione in the moneth of October 1625, which revocatione we by tuo speciall letters of declaratione, one of the dait at Whytehall, the tuentie saxt day of Januar 1626 yeirs, and registrat in the bookes of oure secreit counsall the nynt day of Februar 1626 yeirs, and ane other of the dait at Wainsteed, the ellevint day of Julii 1626 yeirs, and registrat in the bookes of oure secreit counsall upon the tuentie one day of Julii 1626 yeirs, have restricted to the annulling of richts of the propertie of oure crowne, alsweill annexit as wnannexit, quhairof accompt haith beine maid in oure exchecker, and of the principalitie wnlawfullie disponit by oure predicessors against the lawes and actes than standing, and to the annulling of erectiones and other dispositiones of quhatsumever lands, teinds, patronages and benefices formarlie belonging to the kirk and since annexit to the crowne, and of any other lands and patronages which anywayes sould justlie belong to the kirk or crowne, and of quhatsumever lands and benefices mortified and devoted to pious uses, and of regalities and heretable offices, and of the chainge of holdings frome the auncient holding of ward and releiff to blensch and taxt ward since the yeir of God 1540 yeirs. And becaus we wer wnwilling to enter in proces with oure subjects anent the premisis, bot rather desyrit to tak a fair course with all such as would voluntarlie treat with ws or oure commissioners thairanent, thairfor we wer pleased by our commissioun of the dait at Whytehall, the sevinteine day of Januar 1627 yeirs, to appoint certane of our nobilitie, clergie, gentrie, barones and burrowes to be commissioners to treat and deal betuix ws and oure subjects in the premisses. And albeit the said commissioun haith maid a good progres in the said mater of erectiones and teinds, and that a great number of oure subjects having interest thairin have subscrived wnto ws generall submissiones, whairupon we have givin furth our severall determinationes for the good of our subjects and establisching the perpetuall quietnes and peace of that oure auncient kingdome, yett it is certane that many of thes quha have interest in erectiones and teinds ly forth and have not subscryved the saids generall submissiones; lykas also the remanent pointes of our said commissione anent the patronage of kirks, richts, infeftments of our propertie and principalitie, regalities, heretable offices and chainged tenors of holdings in blensch or taxt wairds ar not as yett begun to be handled and treated and can not possiblie be finisched and closed befor the expyring of the tyme and yeirs of the interruptione allowed by the said act, and becaus we will not suffer our selffes nor our successors to be prejudgit by delay of the executione of the said commissioun of the lawfull actiones competent to ws and thame for reducing such richts of the premisis wnto the quhich we have wndoubted interest, and seing a multitude can not be commodiouslie summoned and wairnit personallie and at thair duelling places in soe schort tyme as is to run of the said tyme of prescriptione, thairfor, and for preservatione of our richts and actiones competent to ws and our successors anent the premisis, necessarie it is that some solemne act be done by ws to testifie our will and resolutione to prosecute our saids actiones in the owin tyme if the same be not takin away and removed by the said commissioun, which we think cannot be mor properlie and convenientlie done nor by inserting of that our declaratione in your bookes of sessione and directing of letters of publicatione thairupon certifieing all our lieges quha have interest in the premisis by open proclamatione at the mercat croce of Edinburgh and other places neidfull of that our pleasure and declaratione, and that the same be declarit by yow to have the strenth, force, power and vertew of a legall and perfect interruptione. And thairfor we require yow immediatlie eftir the sight heirof to caus insert thes presents in your bookes of sessione, and to declair the same to have the force of a legall and lawfull interruptione, and to direct letters of publicatione thairupon, in forme as effeirs, which, not doubting yow will doe, we bide yow fareweill. From our court at Whythall, the tuentie nynt day of November 1629 yeires. With the which letter, tenor, contents and desyre thairof, eftir that the same with the act of parliament quhairwnto it is relative wer read in thair whole presence, the saids lords being weill and ryplie advysit and having considerit the justice of his majesties will and declaratione contenit thairin, they have ordanit and ordaine the said letter and declaratione thairin contenit to be insert and registrat in thair bookes of sederunt, and ordaines letters of publicatione to be direct and passe thairupon certifieing all his majesteis lieges quha have interest by open proclamatione at the mercat croce of Edinburgh and other mercat crosses of the kingdome quhair the lands baronies and others ly or quhair the persones and subjects duell and remaine, against quhome the said declaratione is to have effect of a legall interruptione in maner following, and by open proclamatione at the said mercat croce of Edinburgh, peire and schoare of Leith for all such of his majesties subjects as ar furth of this realme, of his majesties pleasure, will and declaratione, and of the saids lords, thair decreit and authoritie interponit thairto. Lykas the saids lords declare that the said declaratione registrat as said is and to be publisched in maner forsaid sall have the strenth, force and power of a legall and perfytt interruptione againes all pairties having interest, and that in soe far allanerlie as may be extendit to the particulars following, viz: to his majesties annexed propertie and his majesties propertie wnannexit, whairof the ferme dewties or few fermes have beine compted in his majesties exchecker since the moneth of August 1455 yeirs and wnlawfullie disponit by his majesties predicessors againes the actes of parliament and lawes of the kingdome, and to the principalitie wnlawfullie disponit against the actes of parliament and lawes of this kingdome, and to the reductione of quhatsumever erectiones of quhatsumevir benefices, spiritualitie and temporalitie thairof, wnlawfullie disponit against the lawes and actes of parliament, and to the reductione of quhatsumever patronages of kirks pertaining to his majestie and his predicessors and wnlawfullie disponit by thame against the actes of parliament, and against wnlawfull dispositiones of quhatsumever teinds, lands and rents doted to hospitalls and masondieus and wnlawfullie disponit against the actes of parliament, and against regalities and heretable offices wnlawfullie disponit contrair to the actes of parliament, and against all chainged tenors of holdings frome ward to blensch or taxt ward grantit by the kings and princes in thair minorities and not granted or ratified by any king or prince being major, with this declaratione: lykas the saids lords declair that the same sall not prejudge any persone quhatsumever of thair lawfull defences competent to thame against any actione to be intendit heireftir at his majesties instance and his successors, except in soe far as concerne the said act of prescriptione, whairupon the saids lords declair that no exceptione sall be foundit in prejudice of his majestie and his successors concerning the premisses.
[1633/6/28]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates of parliament, ratifies and approves that head and article of the act of parliament maid in the moneth of Julii 1587 yeirs, cap. 29, 'Anent the annexatione of the temporalitie of benefices to the crowne', whairby the richt and priveledge of regalitie which pertenit to quhatsumever abbacie, priorie, prioresse or other benefice quhatsumever is annexit to the crowne, with this declaratione: that the airs of the vassalles of the heretable tenants sall be entred by breiffes furth of his majesties chancellarie to be direct to the proveist and baillies of the borrowes of the saids regalities, but prejudice alwayes to heretable baillies and stewarts of the saids regalities, thair airs and successors of thair richts and infeftments grantit to thame of the saids bailliaries and stewartries of regalitie, which sall remaine with thame in the same conditione they wer befor the same act of annexatione except in the chainge of thair superior, viz: in the king's majestie and his successors quha in all tymes thaireftir sall be thair superior, as in the said act of parliament of the dait forsaid at mair lenth is contenit. And farder his majestie, with consent of the estates of parliament, casses, annulls, retreats and rescinds all richts and titles maid and grantit by his majestie or his majesties umquhyle father or by umquhyle Queine Marie, his grandmother, to quhatsumever persone or persones of the richt and priveledge of regalitie perteining to quhatsumever abbotte, pryor, pryoresse, preceptor or other beneficed persone quhatsumever at any tyme preceiding the dait heirof, and declares the richt and title of all and quhatsumever regalities within the kingdome which pertenit to quhatsumever benefice, particularlie or generallie abonespecifiet, at any tyme preceiding the generall annexatione of kirklands, without respect to any exceptione mentioned in the said act of annexatione, to perteine to his majestie and his successors in all tyme coming, reserving alwayes to all heretable baillies and stewarts of the saids regalities thair richts and infeftments of the saids bailliaries and stewartries grantit to thame by the saids beneficed persones at any tyme preceiding the dait of the erectiones of the saids abbacies, pryories and others forsaids in temporall lordschipes. And it is declarit that thes presents sall nowayes be extendit to the richt of regalitie of quhatsumever lands and superiorities perteining to the archbischops and bischops of this kingdome by vertew of thair gifts and provisiones grantit to thame or thair predicessors thairupon, which sall remaine with thame wnhurt or prejudgit by this present act. And also it is declarit, decernit and ordanit that the lands and baronie of Broughtoun, comprehending the townes, lands, burgh in baronie, mylnes and others mentionat in the infeftments grantit by his majestie wnder his hienes great seale to his hienes richt trustie cowsigne and counsallour Robert, erle of Roxburgh, of the dait the [...] day of [...] ane thousand sax hundreth threttie yeirs, sall not be comprehendit heirin, excluding the same alluterlie thairfra to remaine with the said erle, his airs and successors, eftir the forme and tenor of the infeftments maid to him and his authors of the same.
[1633/6/29]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates of parliament, findes, declares and ordaines that his majestie and his successors have and sall have good and wndoubted richt to the superioritie of all and sundrie lands, baronies, mylnes, woodes, fischings, towers, fortalices, manour places and whole pertinents thairof perteining to quhatsumever abbacies, priories, prioresis, preceptories and quhatsumever other benefices, of quhatsumever estate, degrie, title, name or designatione the same be of, erected in temporall lordschipes, baronies or livings befor or eftir the generall annexatione of kirklands maid in the moneth of Julii, ane thousand fyve hundreth fourscoir and sevine yeirs, and to the whole casualities of the saids superiorities not disponit befor the dait of the generall commissioun, which is of the dait at Whytehall, the sevinteine of Januar 1627 yeirs; and also to the whole few maills, few fermes and other rents and dewties of the saids superiorities of all yeirs eftir the dait of the said commissioun, reserving to such lords and titulars of erectiones quha have subscrived the generall surrander the few maills and few formes of thair saids superiorities ay and whyle they receave payment and satisfactioun of the soume of ane thousand merkes usuall money of Scotland for ilk chalder of few forme victuall overheid, and for ilk hundreth markes of few maills and for ilk hundreth markes worth of all other constant rent of the saids superiorities (not consisting in victuall or money and not being naked service of vassalles), according to the tenor of his majesties generall determinatione and conforme to the conditiones thairin contenit, which ar holden as repeatted and exprest heir. And siclyke with this declaratione: that these presents sall be without prejudice to the saids lordes and titulars of erectione of quhatsumever lands, baronies, woodes, fischings, manour places, mylnes, multors and others of the saids erected benefices perteining to these quha have surrandered as said is in propertie, and quhairof they had the richt of propertie the tyme of the said generall surrander, acquired by thame ather befor or since the saids erectiones by quhatsumever manor of way according to the lawes of the kingdome, providing they hold the said propertie of his majestie and his successors as the same wer holden befor the dait of the saids erectiones and for payment of the few maills, few fermes and other dewties mentionat in the old infeftments of the saids lands befor the dait of the saids erectiones. And his majestie and estates declare all richts and deades quhatsumever grantit by his majestie or his umquhyle dearest father or grand mother, Queine Marie, to quhatsumever titulars of erectiones which may prejudge his majestie and his successors in the peceable bruiking, joying and possessing of the saids superiorities and whole benefeit thairof abonespecifiet (wnder the exceptiones alwayes and provisiones abonewrittin) to be null and of nane availl, force nor effect by way of actione, exceptione or reply. And also finds and declares that the saids lords and titulars of erectione sall hold thair propertie and propper lands of his majestie and his successors as the same wer holden befor the dait of the saids erections, and for payment of the few maills, few fermes and other dewties mentionat in the old infeftments of the saids lands grantit to thame and thair authors befor the dait of the saids erectiones. It is alwayes provydit and declarit that these presents nor no claus thairin contenit sall be extendit to the superiorities of quhatsumever lands, baronies and others perteining to quhatsumever archbischop, bischop and thair chaptors, bot that the same sall remaine with thame and thair successors wnhurt or prejudgit by this present act.
[1633/6/30]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament ratifies and approves the act of the generall commissioun of teinds and surranders of the dait at Holyrudhous, the tuentie nynt day of May 1627 yeirs, whairby it is fund and ordanit that his majestie and his successors sall have the constant rent and dewtie following payed out of the teind bolles of victuall, and out of the bodie of the rest of the teinds of the kingdome redacted in money, except the teind bolles and silver payit to the bischops, being the rent perteining to thame, in the estait quhairin the same is presentlie payit or presentlie payable to thame, and except the teind bolles and silver payit to ministers in name of stipend for serving the cure and to the colledges, hospitalls and other pious uses, that is to say: of everie teind boll of the best quheat, ten schillings; of everie boll of the best teind bear, aucht schillings; and of everie boll of the best teind oates, meale, peise and ry, sax schillings; and quhair oates ar of that nature that they will not rander abone half meale, the rent to be thrie schillings; and quhair the bolles of victuall ar of inferiour goodnes, worth and pryce nor the best, that his majesties annwitie furth thairof sall be modifiet proportionallie; and quhair the rent doeth not consist in victuall bot in money, that his majestie and his successors sall have of everie hundreth merkes of parsonage and viccarage teind not consisting in victuall rent the soume of sax markes money: togither with the act of the said commissioun of the dait at Holyrudhous, the aucht of August 1628, whairby it is ordanit that the payment of the said annuitie sall have the begining of the crope and yeir of God 1628; togither with ane other act of the said commissioun of the dait at Holyrudhous, the fourteine day of July 1630, whairby letters of horning ar ordanit to be direct at the instance of his majesties thesaurer for payment of the said annwitie of the cropes 1628 and 1629 and yeirlie in tyme coming; togither with ane act of the conventioun of the estates of the dait at Holyrudhous, the tuentie nynt of July 1630 years, whairby the saids estates have ratified and approved the said act of the dait and tenor forsaid, anent letters of horning to be direct at the instance of his majesties thesaurar for payment of his majesties annwitie of the crops and yeirs of God 1628 and 1629 and yeirlie in tyme coming; and siclyk ratifies and approves the act of the said commissioun of the dait the tuentie thrie of Marche 1631 yeirs, whairby it is ordanit that in all teinds which sall be wnvalued betuix and the first of August thaireftir, that the heretour sall pay his just teind according to the fyft pairt of the present rent ay and quhill the constant rent be determined, and whairby it is statuit and ordanit that his majestie sall have richt to uplift his annwitie according to the said fyft pairt of the present rent ay and while the said constant rent be determined; togither with ane other act of the said commissioun of teinds and surranders of the dait at Holyrudhous, the fourteine of December 1631 yeares, and ratified by the lords of secreit counsall upon the tuentie day of the said moneth of December, whairby it is statuit and ordanit for ane interim that the annwitie of teinds consisting in victuall sall be payit to his majestie of all yeares bygane and in tyme coming conforme to the tenor of the said last act, and that according to the just and trew prices of the victuall in ilk pairt of the cuntrie, compting for ilk hundreth markes of the pryces of the said victuall, being redacted in money, sax markes for his majesties annwitie, which act is thaireftir upon the tuentie of December 1631 ratified by the lords of secreit counsall and letters of horning and poynding ordanit to be direct thairupon, and thaireftir ratified by the lords of exchequer upon the tuentie thride of the said moneth of December. And his majestie and estates statuit and ordaine the said annwitie furth of the teinds to be payit to his majestie and his successors of the said crope and year of God 1628, and of all years sensyne and in tyme coming, and that als weill out of the wnvalued as valued teinds, conforme to the tenours of the saids actes of conventioun, secreit counsall and exchequer. And ordaines letters of horning and poinding to be direct by the lords of his majesties exchequer at the instance of his majesties thesaurar principall and deputte for payment of the said annwitie of all yeares bygane and in tyme coming. And ordaines the lords of his majesties exchequer to sitt at all convenient tymes for granting and discussing of suspensiones toutching the said annwitie of teinds. It is alwayes declarit that the last clause and article contenit in the said act of annwitie whairby the commissioners think fitt that the said annwitie of teinds sall be annexit to the crowne is nowayes ratified by this present act nor no clause thairof, and that his majestie takes to his owin gracious consideratione what to doe thairanent in whole or in pairt as his majestie in his royall wisdome sall think most expedient; and whatever his majestie sall doe now or heireftir thairanent sall be als valide and effectuall as if the same had beine particularlie exprest in this present act.
[1633/6/31]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of this present parliament ratifie and approve the act of parliament maid by his majesties umquhule father of eternall memorie, 18 parliament, Cap. 12, intitulat, 'Act anent setting of fewes to subvassalls of wardlands', in the whole heads and articles thairof. And farther his majestie, with consent of the saids estates, haith extendit and doeth extend the said act of parliament and benefeit thairof in favours of his sacred majestie and of the prince of Scotland and thair successors in all tyme coming, and statuites and ordaines that it sall nowayes be lawfull to quhatsumever vassalls holding lands of his majestie or of the prince of Scotland or of any duke, marques, erle, vicount, lord, prelat, barone or any uther persone quhatsumever holding thair land of thair superiors by service of ward and releiffe to sett thair saids lands, baronies, milnes, fischings or any other lands or heretages quhatsumever, holding ward as said is, to any uther persone or persones in few for payment of a few ferme dewtie or in any maner of holding in prejudice of the said ward holding without special advyse and consent of thair superiours of quhome they hold the same respective, and rescinds and annulls all former actes of parliament of quhatsumever dait or tenor which may in any sort derogate to this present act. And finds and declares that all and quhatsumever infeftments to be grantit otherwayes without consent of the saids superiours respective or thair confirmatione obtenit thairto doeth nowayes stope the ward of the saids lands nor hinders the course of recognitione vacand or quhich sall happine to vake in the superiours hands incaice of alienatione of the same, ather of the whole or of the most pairt thairof, according to the course of the comoun law, without consent of thair superiours, but prejudice to thair saids superiours respective and thair successors of the benefeit of the said act of parliament 1606, whairby all such infeftments and grants without consent as said is ar declared to be null by way of actione, exceptione or reply, which clause sall stand in favour of his majestie and in favour of the prince and thair successors and other superiours respective forsaids, siclyke and in the same maner as if the said clause wer insert in this present act. And this act sall not be extendit to deads lawfullie done in tyme bygane befor the dait of this present act, bot onlie ad futura.
[1633/6/32]*[print] [email] [cite] [preceding] [following]
Forsomuch as oure soverane lord, out of his royall and fatherlie cair, tendering the publique good of this his auncient kingdome, did immediatlie eftir his happie attaining to the crowne publisch and give furth his royall declaratione anent the reforming of the abuses used in leiding of teinds, whairine his majesties umquhyle father of eternall and blissed memorie laboured soe much in his tyme and for provisione and maintenance of kirks and other pious uses furth of the saids teinds. And now his majestie, being by Gods gratious providence present in his royall persone within this his majesties auncient kingdome, and holding this his first parliament of his whole estates of the same, with quhome his majestie haith advysed and resolved to put that glorious worke anent the teinds to a full perfectione, thairfor his majestie, with consent of the thrie estates, by these presents, statuites, ordaines and declares that thair sall be no teind scheaves or other teinds, personage or viccarage, led and drawin within the kingdome, bot that each heretor and lyfrentar of lands sall have the leiding and drawing of thair awin teind, the same being first trewlie and lawfullie valued, and they paying thairfor the pryce eftirspecifiet incaice they be willing to buy the same or otherwayes paying thairfor the rate of teind eftirspecifiet. Lykas his majestie and estates find and declair that the just and trew rate of teinds is and sall be the fyft pairt of the constant rent which each land payeth in stock and teind quhair the same ar valued jointlie, and quhair the teinds ar valued a part and severallie that the just rate thairof is and sall be such as the same is alreadie or sall be heireftir valued and proved befor the saids commissioners or subcommissioners, deduicing the fyft pairt thairof for the ease of the heretors, reserving alwayes libertie to such as sall find thameselffes enormlie hurt by the leiding of the saidis valuationes to persew for rectifeing of the same befor the commissioners appointit by his majestie and estates for that effect. And also his majestie, with consent of the thrie estates, finds and declares that the pryce of all teinds which may be sold and annalied consisting ather in money, victuall or other bodies of goodes is and sall be rewled and estimat according to nyne years purchase, the pryces of victuall and other bodies of goodes quhairof the teind consists being redacted in money according to the worthe and pryce of victuall and goodes in each pairt of the cuntrie, to the quhich the same is and sall be pryzed and estimat by his majesties commissioners alreadie appointit or to be appointit to that effect; and finds and declares that each heretor in the kingdome being willing to buy his awin teind frome the titulars having power to sell the same sall be obliged to buy the teinds of his awin lands, except soe much as sall be locallie assigned to the minister serving the cure of the kirk for his maintenance, and to pay the pryces forsaids betuix and the terme of Mertimes in the year of God 1635 yeares, quhair the valuatione of the teinds is maid and approved befor the dait heirof, and quhair the same is not yett valued and approved, within the space of tuo years eftir the same be valued and approved by the commissioners to be appointed by his majestie and estates to that effect; eftir the expyring of the which tyme his majestie and estates declair that the said titulars sall not be compelled to sell the same, except they doe it of thair awin good will and consent, with this declaratione alwayes: that incaice the impediment of not selling induring the space forsaid flow from the titular by reasone of his minoritie or other inhabilitie, in that caice the heretor quha offereth himself readie to buy his awin teind within the space forsaid sall have place soe soone as the impediment is removed to buy his teinds, notwithstanding of the expyring of the years and spaces aboneexprest. And it is declarit that if the heretor be minor and his tutors neglect the buying of his teinds within the space forsaid, the minor sall have actione againes his tutors pro damno et interesse, bot not actione to compell the titular eftir the expyring of the space forsaid for selling of the saidis teinds. And quhair the saidis teinds ar cost by the heretors as said is, finds that the heretor sall be obleist to give to the lyfrentar of the saidis lands having richt thairto by contract of mariage, lyfrent, infeftment, conjunctfie or reservatione furth of the infeftment of fie, the leiding of the teinds of thair said lyfrent lands for payment of the rate of the teind of the same. And siclyk findes that in all caices quhair teinds ar not cost, that the heretors or lyfrenters of lands quha have the leiding of thair awin teinds be thameselffes, thair tennants and others in thair name sall be obleist to pay to the titulars of teinds the yearlie rate thairof, according to the valuatione of the same maid or to be maid, and to give securitie thairof according to the order sett downe and prescrived by the commissioners of surranders and teinds or to be sett downe by the commissioners appointed or to be appointed by his majestie, with consent of the estates of this present parliament, deduicing soe much thairof as sall be assigned to the minister for his maintenance. It is alwayes declarit that quhither the saidis teinds be sold or not, his majestie sall have his annwitie furth of the same according to the tenor of the act of annwitie. And becaus sundrie questiones may aryse both anent the valuatione of teinds and pryce of the same in divers pairts of the cuntrie, and anent the securities to be maid by the titulars to the heretors quha buy thair teinds and by the heretors to the titulars of the pryce to be payit for the same quhair the teinds ar cost, or for payment of the raite of teind quhair the same is not cost, and siclyk anent the provisione of the kirks with competent maintenance and for divisione of the pryce of teinds betuix the heretors and lyfrentars and rectifieing of valuationes alreadie led to the enorme hurt and prejudice of these having interest, thairfor his majestie and estates have referred and referres the determinatione of the saidis particulars and all others concerning the teinds to the commissioners appointit by his majestie and estates in this present parliament. It is alwayes declarit that this present act sall be no farther obligator againes quhatsumever archbischops, bischops, parsones, viccars and other beneficed persones being ministers nor thair successors bot according to the provisiones and conditiones exprest in the submissione maid by the bischops to his majestie, which is of the dait the [...] day of [...] 1628 yeirs, and registrat in the bookes of commissioun of surranders and teinds upon the thretteine day of July 1631 yeirs, which provisiones and conditiones ar holden as expressed heirin. And also it is declarit that the viccarages of each kirk being a severall benefice and title from the personage sall be severallie valued to the effect the titulars or ministers serving the cure quha have richt to the saidis viccarages be not frustrat of the trew worth of the saidis viccarages.
[1633/6/33]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of this present parliament ratifie and approve that head and clause of parliament maid upon the tuentie tua day of May 1584, whairby his majesties umquhile father of eternall memorie, with consent of the estates, haith appointed and ordanit that all causes concerning his majesties propertie, whither the same be suspensiones letters conforme breacking of arreistment, deforcement of officers in the premisis or any thing depending thairupon, sall be discussit befor his majesties exchequer in the exchequer hous. And siclyk his majestie, with consent of the estates, statuites and ordaines that the lords of exchequer appointed or to be appointit by his majestie sall have wndoubted power, warrant and authoritie to sitt, cognosce and decide in all the forsaids causis concerning his majesties propertie and others depending thairupon, and also in all causses concerning his majesties annwitie furth of the teinds, and ordaines thame to sitt at all convenient tymes for passing and discussing of suspensiones and for deciding of all other actiones concerning the said propertie and annwitie of teinds, and to direct letters of horning and poinding and other executione necessarie upon the decreits pronuncit by thame of or concerning the premisses, and the horning to pas upon a simple chairge of ten dayes upon this syde of the water of Dee and upon tuentie dayes by North Dee allanerlie at the discretione of the saidis lords of exchequer.
[1633/6/34]*[print] [email] [cite] [preceding] [following]
Forsomuch as oure soverane lord, immediatlie eftir his happie attaining to the crowne of this his auncient and native kingdome, did out of his royall and fatherlie cair to the publique good thairof give furth his royall declaratione anent the reforming of the abuses used in leiding of teinds, and for provisione and maintenance of kirkes and other pious uses furth of the saidis teinds, and also for restoring the crowne to the superiorities of quhatsumever benefices and temporalities thairof erected in temporall livings and againes other prejudices and detriments done to the crowne mentionat in the said declaratione. And albeit his majestie haith beine still urging and following the performance of the particulars forsaids these fyve years bygone or thairabout by commissiones direct by his majestie wnder his great seale to that effect, whairin thair haith beine good progres maid, yett the same could not tak a full end without the authoritie of a parliament; lykas his majestie, out of his earnst and tender affection to the publique good of this his native kingdome, and for advancing the saidis great and glorious workes intendit by his majestie as said is, haith takin the paines to come hither in his royall persone whair his majestie, being present in solemne parliament with his thrie estates of his said auncient kingdome, have resolved and concludit upon the particular actes and statuites eftir following tending to the publique good, peace, ease and comfort of his said kingdome and subjects thairof, viz: his majestie and estates forsaids have ratified the act of commissione of surranders and teinds of the dait at Holyrudhous, the tuentie saxt day of June 1627 yeirs, whairby it is fund meit and expedient that the lowest proportione for maintenance of ministers sall be aucht chalder of victuall or aucht hundreth markes proportionallie, except such particular kirks occurre whairin thair sall be a just, reassonable and expedient caus to goe beneath the forsaid quantitie, and haith referrit the consideratione of the reassones and causis thairof to the commissioners to be chosin by his majestie, with consent of the estates in maner contenit in the said act. Lykas also his majestie and estates, by ane other act and ordinance, haith statuit and ordanit and declarit that each heretor and lyfrentar of lands respective sall have the leiding and drawing of thair awin teinds, the same being first trewlie and lawfullie valued and they paying thairfor the pryce eftirspecifiet incaice they be willing to buy the same, or otherwayes for the yeirlie payment of the rate of teinds eftirspecifiet. Lykas his majestie and estates have by the said act fund and declarit that the trew and just rate of teind is and sall be the fyft pairt of the constant rent which ilk land payes in stock and teind quhair the same ar valued jointlie, and quhair the teinds ar valued apairt and severallie, that the just rate thairof is and sall be such as the same is alreadie by vertew of the former generall commissione of surranders and teinds proved and valued to, or els sall be heireftir valued and proved befor the commissioners to be appointit by his majestie with consent of the estates, deducing the fyft pairt thairof for the ease of the heretors, reserving alwayes libertie to such as sall find thameselffes enormlie hurt by the leiding of the saidis valuationes to persew for rectifieing of the same befor the saidis commissioners to be appointit by his majestie and estates forsaids. Lykas his majestie and estates have by the said act fund and declarit that the pryce of all teinds which may be sold and annalied consisting ather in victuall, money or other bodies of goodes is and sall be ruled and estimat according to nyne yeirs purchase, the pryces of victuall and other bodies of goods quhairof the teinds consist being redacted in money according to the worth and pryce of victuall and goodes in ilk pairt of the cuntrie, to the quhich the same is and sall be pryzed and estimat by the saidis former commissiones of surranders and teinds, or by the commissioners to be appointit by his majestie with consent of the estates. And also have fund and declarit that ilk heretor in the kingdome being willing to buy his awin teind frome the titulars having power to sell the same sall be obliged to buy the teind of his awin lands except soe much as sall be locallie assigned to the minister serving the cure for his maintenance, and to pay the pryces forsaids to the titulars betuixt and the particular tymes and dyetts exprest in the said act. And also have fund that the heretors sall be obliged to give to the lyfrentar of the lands the leading of thair awin teinds for payment of the rate of teind of the same. And also have fund that in all caices quhair teinds ar not cost that the heretors or lyfrentars of lands quha have the leiding of thair awin teinds by thameselffes, thair tennants and others in thair names sall be obliged to pay to the titulars of the saidis teinds the yeirlie rate thairof according to the order sett downe and prescryvit by the former commissiones or to be sett downe by the commissioners to be appointed by his majestie, with consent of the estates, deducing soe much thairof as sall be assigned to the ministers for thair maintenance. And becaus sundrie questiones may aryse anent the valuationes of teinds and pryces thairof, and anent the securities to be maid by the titulars to the heretors quho by thair teinds, and by the heritors to the titulars of the pryce to be payit for the same quhen the teinds ar cost, or for payment of the rate of teind quhair the same is not cost, and anent the provisiones of the kirks with competent maintenance and other particulars mentionat in the said act, thairfor his majestie and estates by the said act did referre the determinatione thairof to the commissioners to be appointit by his majestie and estates, with these declarationes alwayes: that his majestie sall have his annwitie payit furth of the teinds according to the tenour of the said act of annwitie, and that the archbischops, bischops, parsones, viccars and other beneficed persones being ministers and thair successors sould be no farther obliged in any of the premisses, bot according to the provisiones and conditiones exprest in the submissione maid by the bischops to his majestie, which is of the dait the [...] day of [...] 1628 yeirs, and registrat in the saidis bookes of surranders and teinds upon the thretteine of July 1631 yeirs; and that the viccarages of ilk kirk, being a severall benefice and title, sould be severallie valued to the effect the titulars and ministers serving the cure quho have richt to the saidis viccarages sould not be frustrat of the trew worth of the saidis viccarages. And siclyk his majestie and estates, by ane other act, have fund and declarit that his majestie and his successors have, and sall have, wndoubted richt to the superiorities of quhatsumever erectiones, few maills, few fermes and other casualities thairof, reserving to such lords and titulars of erectioun quha subscrived the generall surrander the few maills and few fermes of thair saidis superiorities ay and while they receave payment and satisfactioun of the soume of ane thousand merkes usuall money of Scotland for ilk chalder of few ferme victuall, and for ilk hundreth markes of few maills, and for ilk hundreth markes of all other constant rent of the saidis superiorities not consisting in victuall or money and not being naked service of vassalls, according to the tenour of his majesties generall determinatione and conforme to the conditiones thairin contenit, as in the saidis thrie actes of this present parliament at mair lenth is exprest. And forasmuch as it is necessarie for determinatione of the particulars forsaids and of all such other pointes which ar fitt and expedient for the finisching and full perfectione of the said glorious worke anent the teinds, maintenance of ministers and others forsaidis that a commissione be grantit by his majestie, with consent of the estates and by authoritie of this present parliament, thairfor his majestie, with consent of the saidis estates, haith grantit and by these presents granteth full power and commissione to the persones eftir following, to witt: nyne of the clergie, nyne of the nobilitie, nyne of the small barounes and nyne of the burgesis, togither with my lord chancellar and aucht officers of estate, viz: George, erle of Kinnowll, chancellour, Williame, earle of Morton, thesaurar, Johne, archbischope of Sanctandrois, Thomas, earle of Hadingtoun, lord privie seale, Patrick, archbischope of Glasgow, Williame, earle Marschall, George, earle of Wintoun, Johne, earle of Perth, John, earle of Kinghorne, Williame, earle of Dumfreis, Williame, earle of Sterling, secretarie, David, earle of Southask, Johne, earle of Traquair, thesaurer deputte, Johne, earle of Weymes, Archibald, lord Napier, George, lord Corstorphine, Alexander, bischope of Dunkell, Johne, bischope of Murray, Johne, bischope of Rosse, Adame, bischope of Dunblane, David, bischope of Brichen, Andrew, bischope of Argyle, George, bischop of Orknay, Sir Johne Hay, clerk of register, Sir Thomas Hope, advocate, Sir George Elphingstoun, justice clerk, Sir James Galloway, maister of requeists, Sir Robert Spottiswode, Sir James Learmonth, Sir James Lokhart, younger, of Ley, Sir Johne Charteris, Sir Robert Grier, Johne Boyll of Kelburne, Sir Williame Dowglas of Cavers, the Laird of Inchemairteine, the Laird of Lugtoun, Johne Sinclar, Johne Maknacht, Archibald Tod, Edward Edger, Maister Alexander Guthrie, Gabriell Cwninghame, Robert Tailyeor, Williame Mecklejohne and Maister Robert Cwnighame (or any fyfteine of thame, thair being thrie of everie estate with thrie of his majesties officers of estate, of which number of fyfteine the lords chancellor, thesaurer and privie seale, archbischops of Sanctandrois or Glasgow, Earle Marschall and Earle of Wintoun, or any of thame, sall be one) to meitt and conveine at Holyrudhous or Edinburgh at such tymes and places as they sall think fitt, and thair to prosecute and fallow furth the valuatione of quhatsumever teinds, parsonage or viccarage, within the kingdome which ar as yett wnvalued. And also to receave the reports frome the subcommissioners appointit within ilk presbitrie of the valuationes of quhatsumever teinds led and deduicit befor thame according to the tenour of the subcommissiones direct to that effect, and to allow or disallow the same, according as the same sall be fund agriable or disagriable frome the tenour of thair subcommissiones. And also with power to rectifie quhatsumever valuationes led or to be led to the enorme prejudice of the titulars and to the hurt and detriment of the kirk and prejudice of the ministers maintenance and provisiones, or of his majesties annwitie. And for the better expeding and advancing of the saidis valuationes, with power to appoint committies or subcommitties of thair awin number to receave the reports of the saidis valuationes maid or to be maid, and to receave, admitt and examine witnesis and to tak pairties oathes with thair depositiones quhair the same is referrit to oath, and to give such farther power to the saidis committies or subcommitties of thair awin number as they sall think fitt for the good of the worke and speidie finisching of the same. And siclyk with power to thame if neid be to appoint subcommissioners not being of thair awin number within any parochin or presbitrie of the cuntrie for leading and deduicing of the saidis valuationes and to receave the reports thairof, allow or disallow of the same and generallie with power to thame to sett downe quhatsumever other order or course which sall be thocht fitt and expedient for dispach of the saidis valuationes, rectifieing thairof or finall closing of the same. And siclyk with power to the saidis commissioners (or any fyfteine of thame as said is, thair being thrie of ilk estate with any one of the persones of the quorum abonespecifiet) eftir the closing and allowance of ilk kirk and parochin of the valuatione thairof, to appoint, modifie and sett downe a constant and locall stipend and maintenance to ilk minister to be payit out of the teinds of ilk parochine according to the tenour of the actes abonespecifiet, referring, lykas his majestie referrs, with consent of the saidis estates, to the saidis commissioners the tryall of the reasones and causes which may move the saidis commissioners to goe beneath the quantitie of aucht chalder of victuall or of aucht hundreth markes of money proportionallie in maner contenit in the said act. And siclyk with power to the saidis commissioners to divide ample and spatious parochines quhair the same sall be fund necessarie and expedient or to unite divers kirks in whole or in pairt to others and to ratifie and allow, eftir tryall and consideratione, such unioun or dismembring of parochines as haith beine formerlie maid by vertew of the former commissiones. And siclyk with power to thame to appoint and provyde for such other pious uses in each parochin as the estate thairof may bear. And siclyk with power to the saidis commissioners as said is to tak order that everie heretor and lyfrentar of lands sall have the leiding of thair awin teinds, parsonages and viccarages thairof, they paying the pryce contenit in the act abonespecifiet incaice they be willing to buy the same frome the titular having power to sell or otherwayes paying the rate of teind exprest in the forsaid act; and to that effect, with power to the saidis commissioners to sett downe the pryces of sellable teinds according to the worth thairof in each pairt of the cuntrie quhair the same grow and are bred, and also with power to thame to sett downe such good and ample securities as may stand by law both for the buyers of teinds, to the effect the titulars may be fullie denudit in thair favour and also for securitie to the titulars and sellers of the pryce dew to be payit to thame for the saidis teinds; and also to sett downe the securitie in favours of the titulars and of the ministers soe far as concernes the maintenance assigned to thame for good, thankfull and tymous payment of the rate of teind quhair the same ar not or can not be sold. And siclyk with power to the saidis commissioners to discusse and determine all questiones which may aryse betuixt the titulars and heretors anent the pryce of teinds, according to the natur and qualitie of the richts to be sold, whither the same be heretable or temporall, and to proportionat the pryce accordinglie, and also to divide the pryce of teinds betuix heretors and lyfrentars thairof and betuix titulars, takismen and others quha have severall and distinct richts to the saidis teinds sellable, according to the qualitie of thair richts. And also with power to thame to caus the titulars quha sell thair saidis teinds to exhibite thair richts and titles to the effect that they may be lawfullie denudit thairof in favour of the saidis heretors and lyfrentars respective, without prejudice alwayes to his majesties annwitie to be payit furth of the saidis teinds by the saidis titulars of teinds or heretors or lyfrentars of lands according to the tenour of the said act of annwitie. And generallie with power to the saidis commissioners to decide and determine in all other pointes which may concerne the leading and drawing of teinds, the selling and buying of the same or payment of the rate thairof contenit in the actes of parliament abonespecifiet or sett downe in his majesties generall determinatione, with this provisione and declaratione alwayes: that the archbischops, bischops, parsones, viccars and other beneficed persones, being ministers, and thair successors sall be no farther bund bot according to the provisiones and conditiones exprest in the submissione maid by the bischops to his majestie, which is of the dait the [...] day of [...] 1628 yeirs, and registrat in the buikes of commissione of surranders and teinds upon the thretteine day of July 1631, which provisiones and conditiones ar holden as exprest heirin. And also with this provisione: that the viccarages of each kirk, being a severall benefice and title frome the personage, sall be severallie valued to the effect the titulars or ministers serving the cure quho have richt to the saidis viccarages be not frustrat of the trew worth of the saidis viccarages. And siclyk becaus be the act abonespecifict maid anent superiorities of erectiones in favours of his majestie thair is special reservatione maid to such titulars and lords of erectioun as have subscryved the generall surrander of the few maills, few fermes and other constant rent of the saidis superiorities ay and while they be payit of the pryce thairof contenit in his majesties generall determinatione and according to the provisiones specifiet thairin, thairfor his majestie and estates give full power to the saidis commissioners, or any fyfteine of thame as said is, to call and conveine befor thame the lords of erectioun and uthers having richt to the saidis few mails and few fermes and other constant rent of the superiorities of kirklands at such particular dyetts as they sall appoint, and to wrge the saidis lords of erectioun and others forsaids to give up thair rentalls of thair saidis few maills, few fermes and uther constant rent forsaid of thair saidis superiorities, conforme to his majesties decreit and determinatione givin out thairanent and with certificatioun as is thairin conteinit, and to liquidat the other constant rent of the saidis superiorities not consisting in victuall or silver to the effect, eftir the full tryall of the said rentall and liquidatione thairof, the saidis lords of erectione may receave the pryce of a thousand markes for each chalder of few fermes and for each hundreth markes of the other constant rent, being redacted in money in whole or in pairt proportionallie frome his majesties thesaurers principall or deputte. And incaice of the absence and refusall of the saidis titulars and lords of erectioun, that the same may be consigned in the hands of the clerk to the saidis commissioners to remaine consigned for thair behove eftir the which consignatione it sall be lawfull to his majesties thesaurers principall or deputte to uplift, receave and intromett with the saidis few maills, few fermes and other constant rent forsaid of all yeares and termes, eftir the said consignatione, according to the tenour of the said generall determinatione. And also with power to the saidis commissioners as said is to discusse and determine all questiounes that may aryse betuix the saidis lords of erectioun and the heritors of the ground, pensioners, lyfrenters and others pretending richt to the saidis few maills and few fermes, and to divide the pryce amongst thame according to the qualitie of thair richts and all other questiones anent the few maills, few fermes and other constant rent forsaid which by his majesties generall determinatione is referrit to the determinatione of the commissioners to be appointit to that effect. And quhairas it may fall out that some of the commissioners now appointit by his majestie and estates may be wnable to attend the service through death, seiknes or some other notour and knowne impediments, thairfor his majestie reserves to himselff the nomination of such other persones in thair places as his majestie sall think fitt, whome his majestie by his letters sall recommend to the saidis commissioners to the intent they may receave and admitt thame upon the said commissione and tak thair oathes for faithfull dischairge of the same. And his majestie and estates ordaine this present commissione to indure wnto the last day of December in the yeir of God 1635 years and farther induring his majesties pleasure and ay and while the same be expreslie dischairgit by his majesties warrand or letter to that effect. And his majestie, with consent of the estates forsaids, finds, declares and ordaines the actes, decreits and ordinances of the commissioners forsaids and of the other persones quha sall be surrogatte in thair places by his majestie in maner forsaid in the whole particulars abonespecifiet and everie one of thame to have the strenth, force and authoritie of a decreit, sentence and act of parliament, and ordaines the lords of sessione to grant and direct letters of horning, poinding and others thairupon upon a simple chairge of ten dayes or otherwayes as sall be fund necessarie. Attour, for cleiring of all doubtes and difficulties which may aryse anent the rectifieing of valuationes or other particulars heads following, his majestie and estates have declarit and declare that quhair valuationes ar lawfullie led against all pairties having interest and allowed by the former commissioners according to the order observit by thame, that the same sall not be drawin in questione nor rectified upon pretence of enorme lesione at the instance of the minister not being titular or at the instance of his majesties advocate for and in respect of his majesties annwitie, except it be proved that collusione was used betuix the titular and heretor or betuix the procurator fiscall and the titulars and heretors, which collusione is declarit to be quhair the valuatione is led, with diminutione of the thride of the just rent presentlie payit, and which diminutione sall be proved by the pairties oathes. And siclyk it is declarit that the provisiones conteinit in the forsaid submissione maid by the bischops, whairof mentione is maid in the forsaid act of tithes and which is repeated in this commissione, sall be restricted to that whairof archbischops, bischops, parsones, viccarrs or other beneficed persones, being ministers, colledges, hospitalls and other dotationes to pious uses, wer in actuall and reall possessione the tyme of the said submissione, which sall remaine with thame in quantitie and qualitie according to the tenour of the said provisione; and if any questione sall aryse betuix the saidis archbischops, bischops, parsones, viccars and other beneficed persones forsaids anent the leading of teinds, that the same sall be referred to his sacred majestie and to his royall pleasure to be signified thairanent. And also anent laick patronages perteining to any his majesties subjects befor the yeir of God 1561 years, his majestie and estates declare that the same falls within the compasse of the generall submission maid to his majestie and his majesties determinatione givin thairupon, and that allanerlie in soe far as concernes a competent maintenance to be locallie payit furth of each kirk to the minister and his successors, and anent the teinds of other mens lands, and anent the annwitie to be payit to his majestie furth of the teinds of the said kirk. And as to the remanent teinds, the same to perteine to laick patrones in pryce or rate thairof in all caices quhair the forsaid laick patrones wer in possessione of the teinds thairof by the space of seven yeares within the fyftein years immediatlie preceiding the dait of the said generall submission, with this declaration: that quhair the titulars or ministers provydit to the saidis laick patronages and kirks thairof wer in possessione of the benefices forsaids and fruites and rents thairof ather by leading of the teinds or by uplifting and intrometting of the wholerents thairof by the space of seven years of fyfteine years immediatlie preceiding the said submission, in thes caices the diference betuix the said laick patrones and the titulars and ministers sall be referred to his sacred majestie and to his royall declaratione to be givin thairanent, and ordaines all former commissiones anent the premisis to cease in tyme cuming and this onlie to stand in force in tyme to come.
[1633/6/35]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament, considering that the designatione of the particular persones necessarie to be ingrost in the tuo severall commissiones grantit in this present parliament, the one anent the teinds and the other anent the survey of the lawes, which by the saidis estaits was referred to his sacred majestie, thairfor, the saidis estaits appoint and ordaine the clerk of his hienes register, to insert in the saidis tuo severall commissiones such particular persones names as his majestie, by his warrant signed with his hand, sall appoint and ordaine to be insert thairinto; for doing quhairof, declares this present act to be als sufficient a warrant to the clerk of register as if the saidis commissioners names had beine now presentlie insert in the saidis tuo severall commissiones by his majestie and estates of parliament.
[1633/6/36]*[print] [email] [cite] [preceding] [following]
In the parliament holdin at Edinburgh upon the tuentie aucht day of June, the yeir of God 1633, forsomuch as his majesties lieges and good subjects ar heavilie opprest and burdenit with exorbitant annuelrents and interest takin for the use of money far exceiding the rate and proportione takin in England, France and other nichbour cuntries, thairfor his majestie, with advyse of the estates, statuites and ordaines that notwithstanding of any former act of parliament allowing ten punds to be takin for each hundreth punds in a yeir, yett that no persone eftir the dait heirof take more than aucht punds for the use of the hundreth punds in a year and soe proportionallie in lesser or greater soumes wnder the paines contenit in the former acts of parliament maid against vsurers. And forsomuch as his majestie, out of his gratious goodnes, with consent of the estates, haith reduicit the interest and proffeit of money frome ten of the hundreth to aucht, conforme to this present act, thairfor the estates of parliament presentlie convenit, being sensible of the great good ensewing thairby to this whole kingdome in all tymes to come, make a voluntarie and humble offer to his majestie that of the said ten payit by borrowers for each hundreth during the space of thrie yeirs nixt ensewing, tuo sall be payit to his majestie during the said space (by and attour the tuentie pennie presentlie payit to his majestie in this present runing taxatioun[)], and that for the tearmes of Mertimes nixt 1633 years and Whitsunday 1634 years, and by and attour the saxteinth pennie of the extraordinarie taxatioun now presentlie grantit to his majestie in this parliament to begine at Mertimes 1634 years. And heirby it is declarit that those quha formerlie borrowit moneyis for aucht of the hundreth sall be frie of payment of the said tuo of ten for such and the same quantities as they have formerlie borrowed and ar presentlie adebted by thame for payment of aucht of the hundreth allanerlie; and those quha formerlie borrowed for nyne of the hundreth and ar presentlie owing by thame sall be onlie lyable to pay one to his majestie of nyne during the said space for such and the same quantitie of soumes as wer formerlie borrowed at nyne for the hundreth. And it is further declarit that those quha never borrowit moneyis befor the dait of this act and sall happin to borrow any soumes of money heireftir (they being equallie participant of the benefeit of the said act and his majesties gracious favour thairby extendit to thame with his other subjects) sall be subject in payment of the said proportione of tuo of ten during the space of thrie yeirs as said is. And ordaines the lenners to pay the same yeirlie and termlie during the said space of thrie yeirs togither and in one soume, with the tuentie pennie of this present rwnning extraordinarie taxatioun for the said terme of Mertimes nixt 1633 yeirs and Whitsunday 1634 years, and togither and in one soume with the saxteinth pennie grantit in this present parliament for the tearmes of Mertimes 1634, Whitsunday and Mertimes 1635 and Whitsunday 1636, begining the first tearmes payment of the said tuo of ten at Mertimes nixt and soe termlie thaireftir during the said space of thrie yeirs and sax termes. And the saidis estates have aggried all in one voice to suspend, lykas by thes presents they suspend the executioun of the said act for the space of thrie yeirs eftir the dait heirof, and by thes presents declair that it sall be lawfull (notwithstanding of the said act) to all subjects within this realme to tak ten markes for each hundreth markes of thair lent moneyes putt out or to be putt out upon annuelrent, conforme to the preceiding actes of parliament, during the said space of thrie yeirs nixt eftir the dait heirof. And for inbringing of the said taxatioun of tuo markes of ten, ordaines letters to be direct in the same forme and maner as is direct for collecting the forsaids extraordinarie taxationes of the tuentie and saxteinth pennie, and the same to be payit togither and in one soume to his majesties collector generall to be appointit or to his deputtes in his name having his power to receave the same.
[1633/6/37]*[print] [email] [cite] [preceding] [following]
In the parliament holdin at Edinburgh upon the tuentie aucht day of June the yeir of God 1633, oure soverane lord, the king's sacred majestie, and estates of parliament presentlie convined, remembring that at the first institutione of the colledge of justice and divers tymes thaireftir in the parliaments ratifieing the same, his majesties royall antecessors and estates of the realme then assembled fund the erectione of that honorable consistory (which is a biding monument of the glorie of thair reignes) not onlie to be most usefull for royal service, bot also necessarie and proffitable for the peace of the kingdome and to the seine good and comfort of all the subjects. And considering that the provisione allowed of befor to the lords of sessione was nowayes sufficient for defraying of thair chairges and that through thair continewall attendance thair private effairs ar neglected and great losses thairby sustenit by thame, thairfor, and to the effect the saidis senators and lordes of sessione present and to come may be more encouraged to goe one and to persist as they doe in thair zeale and affectiones to his majesties service and in faithfull ministratione of justice to the generall weill of the realme and all the lieges, the saidis estates, with the speciall approbatione and gratious good lyking of the king's sacred majestie, have most frielie condiscendit, statuite and enacted that a taxatioun be presentlie imposed upon thair lands and meanes which with his majesties consent forsaid they ordaine to be collected and payit to the effect in maner and at the termes following, that is to say: the duke, marqusis, earles, vicounts, lords and commissioners of shyres for the temporall estate have grantit that thair sall be uplifted of everie pund land of old extent within this kingdome perteining to dukes, marquesis, vicounts, lords, barones and frieholders and fewars of his majesties propper lands the soume of ten schillings money at everie one of the four termes following, viz: the soume of ten schillings money at the feast and terme of Mertimes nixtocome in this instant yeir of God 1633 yeirs; the soume of other ten schillings money at the feast and terme of Mertimes 1634 years; the soume of other ten schillings money at the feast and terme of Mertimes 1635 yeires; and the some of other ten schillings money at the feast and terme of Mertimes 1636 years. And the archbischops and bischops for the spirituall estate have grantit that thair sall be uplifted of all archbischopricks, bischopricks, abbacies, pryories and other inferior benefices within this kingdome at everie one of the four termes abonespecifiet the just taxatione thairof as they have beine accustomed to be taxed in all tyme bygane whensoever the temporall lands of this kingdome wer stentit to ten schilling the pound land of old extent, and the same taxatione to be payit at everie one of the four termes abonespecifiet. And the commissioners of burrowes for thair estate have grantit that thair sall be uplifted of all the borrowes within this kingdome at everie one of the four termes abonewrittine the just taxatione thairof as they have beine accustomat to be taxed wnto in all tyme bygane quhensoever the temporall lands of this kingdome wer stentit to ten schillings the pund land of old extent, and the said taxatione to be payit at everie one of the saidis four termes abonewrittine. And in regaird that his majestie haith erected sundrie prelacies in temporall lordschips whairby the owners thairof may claime to be taxed with the barones of the temporall estate, whairby the saidis lords of the sessione would be defraudit of a great pairt of the said taxatioun destinat and appointit as said is, thairfor the saidis estaits ordaine that all erectiones of prelacies and other small benefices in whole or in pairt in temporall lordschips sall in payment of the said taxatioun pay to the collectors thairof soe much of the said taxatioun pro rata as if they wer nowayes erected, and as they wer subject to doe befor the erection of the same. And siclyk it is statuit and ordanit that all dissolved benefices within this kingdome in whole or in pairt sall be subject in payment of soe much of the same taxatioun pro rata as they would have beine subject to pay though the same had not beine dissolved, and that the pairties quha have gottine any pairt or portione of any prelacies or other inferior benefices dissolved and new secuirities maid wnto thame by his majestie of that pairt and portione thairof soe dissolved sall be subject in payment of the taxatioun thairof to the prelate or other beneficed persone for his releiff of the same taxatioun as they would have beine soe the same had not beine dissolved, notwithstanding of any conditione contenit in the infeftments and secuirities maid by his majestie to thame in the contrarie thairof. And farther, the saidis estaits annull and dischairge all priveledges and immwnities quhatsumever whairby any persones may thinke thameselffes frie of payment of this present taxatioun, the priveledges grantit to the ordinarie lords and senators of the colledge of justice and the taxatioun of the benefices givin, disponit and mortifiet for intertainment of the universities, colledges and hospitalls within this kingdome onlie excepted. Attoure, our said soverane lord and estaits forsaids have givin and grantit, and by thes presents give and grant, full power and authoritie to the saidis lords of sessione to nominat, appoint and elect thair awin collectors, one or moe, as they sall think most expedient for uplifting of the forsaid taxatione to the effect forsaid, which soumes of money eftir they sall be ingathered as is befor appointit oure soverane lord and the estaits forsaids destinat and ordaine to be mortified by imployment upon land heretablie or for annuelrent or other sufficient secuiritie as may convenientlie be fund for the use and benefeit of the saidis ordinarie lords of sessione present and to come, to the effect that the yearlie proffeit and annuell of the saidis lands or moneyes (as the same sall happin to be imployed) may be receaved by thame and thair successors in thair saidis offices, yearlie and tearmlie, eftir the termes of payment of the same and applyed to thair behove in maner and conforme to the consuetude of the divisione of the yearlie dewtie presentlie allowed and receaved by thame, and that by and attour the present provisone and rents allotted to thame by parliaments heirtofoir. And to that effect the saidis ordinarie lords of sessione sall, with all convenient diligence, make, subscryve and deliver to his majesties thesaurer principall and deputtie a sufficient and valide secuiritie by band or contract maid by the sicht and advice of his majesties advocate for imploying of the said taxatioun and whole benefeit thairof, in whole or in pairt, as the same sall be uplifted to the use and effect abone specifiet, and ordaines the particular forme and maner of uplifting and ingathering of the said taxatioun and releiffe of the prelats, lords of erections and other beneficed persones to be conforme to his majesties awin taxatioun grantit in this present parliament in all pointes, except in soe far as concerneth the particular day to be appointit to the vassalls for conveining with the prelates, lords of erections and other beneficed persones for appointing and setting downe of their dew and richt proportiones of the saidis taxationes, which they ordaine to be upon the sevinteine day of September nixtocome, which is declarit to be the precise day of meitting to the effect forsaid, and that no farther citatione nor summoning sall be requisit to that effect than the publication and proclamatione of this present act at the market croces of the head borrowes of this realme; and holdeth the whole remnant clauses and provisiones of the act of releiffe of his majesties taxationes as heir repeitted and ordaines letters to be direct heirupon.
[1633/6/38]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates of parliament, ratifies, approves and confirmes all actes of parliament, giftes, grantes and donationes quhatsumever of all priveledges, friedomes and immwnities maid, givin, grantit or conceaved in favours of the senators of the colledge of justice by any of his majesties royall predicessors, or in any parliament holdin by thame, dispensing alwayes with the generalitie heirof and holding this generall ratificatioun als sufficient as if the whole priveledges, liberties and immwnities, actes and grants thairof wer speciallie and at lenth insert heirintill.
[1633/6/39]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaits of this present parliament have ratifiet and approved and, by the tenour heirof, ratifie and approve of new all actes and constitutiones of parliament maid by his majesties predicessors in favour of the frie borrowes of this realme and burgesses and inhabitants within the same, with all priveledges, friedomes, liberties and immwnities grantit and givin to the whole borrowes in generall in any time bypast, by any of oure soverane lord his majesties noble progenitors, with all that haith followed or may follow thairupon, and decernes and declaires the same to have full strenth, force and effect in all tymes heireftir, soe that the same may be putt to full and dew executioun in all pointes. And speciallie, without prejudice to the generalitie abonewrittine, his majestie and estates ratifie the act of parliament maid by his hienes grandfather, umquhyle King James the Thride, 1466 his second parliament, cap. ii., ordaining that none saill nor passe in merchandice out of the realme but friemen burgesses duelling within burgh, or thair familiar factors servants being with thame in houshold at meat and drink (excepting and reserving to the prelates, lords, barones and clerks as in the said act is contenit, and all other exceptiones contenit in any act of parliament in force preceiding the day and dait heirof). And siclyk the act of parliament maid by King James the Fourth of worthie memorie, in the parliament holdin at Edinburgh, the elevinth day of Marche 1503 yeirs, cap. 84, ordaining that no persone duelling out of borrowes use any merchandice nor yett tap nor sell wyne, wax, silkes, spycerie, wad nor siclyk stuff nor yet staple guids, and that none pack nor peill in Leith nor other places without the king's borrowes wnder the paine of escheat of the guids that be tapped, sold, packed or peilled contrarie to that statuite. And siclyk the 152 act of umquhyle King James the Saxt, his 12 parliament, ordaining that no persone excercise the traffique of merchandice bot burgesses of frie borrowes wnder paine of escheat of thair whole guids and geir, the one half to his majestie and the other half to the burgh apprehender, and giving power to everie burgh by thameselffes or a collector or commissioner depute by thame to searche the saidis wnfriemens goods, intromett thairwith as escheat, ather within the cuntrie or any other pairt to arreist, call, follow and persew befor wnsuspect baillies to be creatt by thame. And also the saxt act of King James the Saxt, his nynt parliament, ordaining letters of horning to be direct againes wnfriemen not being burgesses of the frie royall borrowes to find cautioun for desisting frome usurping of thair liberties in all the heads, clausses, articles and circumstances thairof. Lykas his majestie and estates declair that the saidis liberties and priveledges mentionat in the saidis acts ar onlie proper and competent to the frie borrowes royall that have vote in parliament and bear burdeine with the rest of the burrowes and to no others, prohibiting and dischairging all persones quha ar not burgesses of the saidis frie royall burrowes and bear not burdeine with the rest of all using and exercising of the liberties and priveledges forsaids in all tyme coming; and ordaines that letters of horning may be direct by the lords of counsall at the instance of all burrowes upon the forsaids priveledges and former actes of parliament maid thairupon and this present act in all tymes to come, for putting of the same to dew executioun with all rigour against thame that doe or come in the contrarie of the actes and priveledgis forsaids without calling of any pairtie.
[1633/6/40]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaits of parliament ratifie, approve and confirme the aucht act of the tuentie tuo parliament holdin by King James the Saxt of eternall memorie intitulat, 'Anent the justices for keiping of the king's peace and thair constables', in the whole heads, articles and clausses thairin contenit, admitting the generalitie heirof to be als valide and sufficient as if the same wer all heirin per expressum ingrost. Attour, his majestie and estaits forsaids gives full power, authoritie and commissioun to the lords of his majesties privie counsall to sett downe and impose penalties upon such of the justices of peace as sall not keip and observe the dyetts prefixed for thair severall and particular meittings, and with power lykwayes to the saidis lords of privie counsall to inlairge and amplifie the power and authoritie of the saidis justices of peace if they sall find it necessarie and expedient; and quhat they sall decreit and determine thairanent, finds and declares that the same sall have the force, strenth and power of ane act of parliament.
[1633/6/41]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament, for explanation of the former actes of parliament maid in favours of the lords of sessione anent tuelff penneis of the pund, statuits and ordaines that quhensoever the saidis lords sall decerne and ordaine tuelff penneis of the pund to be payit in any decreit or sentence to be givin or pronuncit by thame at any tyme heireftir, the same sall nowayes be payit by the pairties purchasers and obtiners of the saidis decreits and sentences, bot by thes pairties allanerlie against quhome the saidis decreits and sentences sall happin to be obtained and purchased; and the booking and extracting of the sentences sall not be stayit for the not payment making of the tuelff penneis of the pund by the purchasers and obtaniers of the saidis decreits.
[1633/6/42]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, considering that the precise and rigorous exactione of the paines arbitarie and pecuniall adjected to penall statuites heirtofoir maid would prove a burdeine to his majesties lieges heavie and insupportable if by his majesties grace and favour they sould not be eased and liberat of the same, in consideratione quhairof, his majestie, in this his first parliament holden in this his auncient and native kingdome, being willing to give ease and releiff to his subjects of the forsaid burdein, haith thairfor beine gratiouslie pleased, with consent of the estates of parliament, to dischairge, frielie pardon and remitt, and by these presents dischairges, frielie pardones and remitts all contraveiners of any of the saidis penall statuits for all deads done by thame contrarie to the tenour of the same statuites in tyme bygone, except onlie the statuites concerning wearing and bearing of hagbutts and pistolls, taking of wnlawfull usurie, transporting of money and gold, slaying of reid and†black fish, with the penalties incurred by the conceallers of annuelrents and wrongous upgivers of the inventars of thair moneyes, which ar nowayes dischairged by this present act nor comprehendit wnder the same.
[1633/6/43]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaits of this present parliament ratifie and approve all letters, patents and infeftments grantit by King James the Saxt of blissed memorie, or by our said soverane lord, wnto Williame, vicount of Sterling, and to his airs and assignais, of the territories and dominiones of New Scotland and Canada in America, and especiallie the patent, chartor and infeftment grantit by his majesties umquhyle dearest father of worthie memorie of New Scotland, of the dait the tent day of September, the year of God 1621. Item, ane other chartor of the same grantit by his majestie wnder the great seale, of the dait the tuelf day of July 1625 years. Item, ane other chairtor and infeftment grantit by his majestie of the cuntrie and dominione of New Scotland wnder the great seale, of the dait the thride day of May 1627 years. Item, another chartor and infeftment grantit by his majestie wnder the great seale of the river and gulfe of Cannada, bounds and priveledges thairof mentionat in the said patent, of the dait the second day of Februar 1628 yeirs. Item, a signature past wnder his majesties hand of the said cuntrie and dominione, which is to be with all diligence exped through the seales, of the dait at Whytehall, the tuentie fourt day of Apryll 1633 years, with all liberties, priveledges, honours, jurisdictiones and dignities respective thairin mentionat, togither also with all executione, precepts, instruments of seasings and seasings following or that sall happin to follow thairupon. And also ratifies and approves the act of generall conventione of estates at Holyrudhous, the saxt day of July, the yeir of God 1630, whairby the saidis estates have ratified and approved the dignities and order of knicht baronet, with all the actes of secreit counsall and proclamations following thairupon maid for mainteining of the said dignitie, place and precedencie thairof. And his majestie and estates forsaids will, statuit and ordaine that the saidis letters, patents, charters and infeftments, and the said dignitie, title and order of baronetts and all letters patents and infeftments of lands and dignities grantit thairwith to any persone quhatsumever sall stand and continew in full force with all liberties, haill priveledges and precedencies thairof, according to the tenour of the same, and in als ample maner as if the bodies of the saidis letters patents, infeftments and signatur abonementionat wer heirin particularlie ingrost and exprest. And ordaines intimatione to be maid heirof by open proclamatione to all his majesties lieges at the mercat crose of Edinburgh and other places neidfull that none pretend ignorance heirof.
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Oure soverane lord and estaits of this present parliament, considering that the Loche of Lochlevin perteines heretablie in propertie to his majesties richt trustie cowsigne and counsellor Williame, earle of Mortoun, lord great thesaurer of this realme, and Robert, lord Dalkeith, his sone, and that the said loche is weill plenisched and furnisched with pykes, perches and trouts of divers kindes, and that quhen the fish ascend furth of the said loche to the watters, burnes and strypes that fall in the same to spawn thairin, thair is great slauchter and destructioun of thame committed by the cuntrey people about, whairby the said loch and fisching thairof is not of such worth to the heritors of the said loche nor to the cuntrey about as it would be if the saidis fishes wer not slaine in the saidis watters, burnes and strypes. For remedie quhairof, his majestie, with advyse and consent of the estates of this present parliament, statuites and ordaines that none of his majesties lieges slay any pykes, perches, trouts or any uther fishes in the waters, strypes or burnes that fall in the said loche or run furth thairof within the space of fyve myles to the said loche wnder the payne of tuentie punds usual money of this realme, to be payit by each contraveiner toties quoties for each contraventioun, and ordaines the saidis whole paines and wnlawes of contraventioun to apperteine to the said Earle of Mortoun and his said sone, thair airs and successors. And by these presents gives and grants power and commissioun to thame and thair baillies and deputtes to call before thame within the towne of Kinroscher all persones suspect of slaying of the said fish within the saidis burnes, waters, loch or strypes within the said space of fyve myles to the said loch, and as they sall be fund guiltie or innocent of slaying thairof, to assoilyie thame or wnlaw thame in the wnlawes forsaids, and to decerne and ordaine the persones convict to pay the same wnlawes to the proctour fiscall to be appointit for that effect by the said Earle of Mortoun, his said sone or thair forsaidis. And ordaines letters of horning upon a simple chairge of sax dayes, poinding and other letters and executorialls requisit to be direct for payment to the said proctour fiscall of the saidis wnlawes, and ordaines publication to be maid heirof in forme as effeirs.
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Oure soverane lord and thrie estates of this present parliament, wnderstanding that albeit by the great cair of his hienes umquhyle dearest father of eternall memorie the Clan Gregour was supprest and reduicit to quietnes, yett of late they ar brokine furth againe to the heavie oppressione of many of his majesties good subjects quha duell near to the pairt quhair they resort, and especiallie in the shirefdomes of Perth, Sterling, Clakmannane, Monteith, Lennox, Angus and Mernes; thairfor, for the tymous preventing of the disorder and oppressione that may fall out by the said name and clan of Macgregour and thair followers, and for farder suppressing of thame, ratifies and approves all acts of counsall and acts of parliament maid and grantit heirtofoir against the said wicked and rebellious clan of Macgregour. And farther, his majestie and estaits of parliament statuit and ordaine that the said name of Clangregour and everie one of thame as they come to the aige of saxteine years sall thaireftir yearlie give thair compeirance befor the lords of privie counsall upon the tuentie fourt day of July, if it be a lawfull counsall day, and failyeing thairof the nixt counsall day thaireftir, and thair find cawtioun for thair good behaviour and obedience in all tyme coming, and tak to thame some other surname, conforme to the acts of counsall alreadie maid thairanent; and if they faile in not compeirance as said is and goe to the horne, that then it sall be lawfull to any of his majesties lieges to tak and apprehend thame and present thame to the sheriff of the shyre or his deputtes or to the stewarts of the stewartrie or thair deputtes, to the effect they may be presentit befor the lords of privie counsall, thair to be takin order with as effeirs. And if it sall happin any of his hienes good subjects in taking any of the said Clangregour being putt to the horne as said is, to hurt, mutulat or slay any of thame, the pairtie quha sall happin soe to doe and thair complices sall nowayes be subject nor lyable to law thairfor nor incurre any paine or skaith in bodie or guides, and sall be frie of all persuite criminall or civill to be intendit against thame at the instance of his hienes advocate or any other pairtie, bot the same sall be holdin and reputte as good service done to his majestie. And farther, oure said soverane lord and estates forsaids, for the better extinguisching and extirpating of the saidis wicked and lawles limmers, statuite and ordaine that no minister nor preachers within the bounds of the highlands or nichbouring cuntries thairto, Bamffe, Invernes or regalitie of Spynie or Elgin, Forres, sall, at any tyme heireftir, baptize and christen any male chylde with the name of Gregour wnder the paine of deprivatione, and that no clerk or notar in any tyme coming sall mak or subscryve any band or other secuiritie wnder the name of Gregour or MacGregour wnder the paine of deprivatione. And siclyk statuit and ordaine that all and quhatsumever of the said Clangregour that sall happin to be within the said kingdome upon the fyfteine day of Marche nixtocome, sall give thair compierance befor the lords of privie counsall at Edinburgh or quhair it sall happin thame to be for the tyme, or the nixt counsall day thaireftir, to the effect that such of thame as have alreadie fund cawtioun and quhose cawtioners ar dead may find new cawtioun for thair good behaviour in tyme coming, and such of thame quha have never fund cawtioun may find cawtioun and suretie for thair obedience in tyme coming; with certificatioun to thame if they doe not compeir and that the lords of privie counsall for thair dissobedience sall direct letters of horning against thame or any of thame and that they thairfor be putt to the horne, that then it sall be lawfull to any of his majesties good subjects to tak and apprehend thame quhairever they may be had and put thame to the nixt shireff, stewart, baillie of regalitie or thair deputtes, to any of the justices of peace or to the proveist and baillies of burrowes to the effect they may present thame befor the lords of his majesties privie counsall that such order may be takin with the saidis rebells as the saidis lords sall think expedient. And farther, oure said soverane lord declares that if any of his hienes good subjects sall happin in taking of the saidis rebells to hurt, mutulat or slay any of thame, the pairtie quho sall happin soe to doe and thair complices sall nowayes be subject nor lyable to law thairfor nor incurre any paine or skaith in thair bodie or goods, and sall be frie of all persuite, criminall or civill, to be intendit against thame at the instance of his hienes advocate or any uther pairtie; bot the same sall be holdin as good service done to his majestie. And lykwayes his majestie and estates forsaids statuite and ordaine that if any of the said Clangregour quho sall happin to have compeared and fund cawtioun in maner abonespecifiet be fund maisterlis in tyme coming, having nather possessiones nor callings quhairupon to leive nor will not tak thame to service, that it sall be lawfull to any of his hienes good subjects to tak and apprehend thame and present thame to the nixt sheriff, stewart, baillie of regalitie and thair deputtes or to the proveist and baillies of borrowes, and that they may present thame to the lords and others of his hienes counsall thair to be takin order with as they think meit. And siclyk, his majestie and estaits of parliament statuite and ordaine that if any of the said Clangregour sall happin to be put to the horne by letters of horning direct against thame by the lords of counsall for the caus abonewrittin, and that publicatioun be maid thairof by the saidis lords to all his majesties lieges and at all places neidfull, that then quhatsumever persone or persones sall recept, supplie or intercommon with the saidis rebells, or any of thame, or supplie thame with meat, drinke, ludging or weapones, directlie or indirectlie, or any other necessaries, sall be punisched in thair bodies, goods and geir as intercommoners with rebells and sorners conforme to the lawes of this kingdome againes intercommoners and sorners. And also his majestie, with consent of the estaits forsaids, statuits, ordaines and commands all scheriffs, stewarts, proveists, baillies of borrowes and regalities and all and sundrie his majesties good subjects to assist and concurre with any of his hienes good subjects quho sall happin to be in persuit of the saidis rebells, and siclyk statuits and ordaines the saidis proveists and baillies of burrowes and baillies of regalities to receave frome the hands of his hienes good subjects the saidis rebells quho sall happin to be apprehendit by thame in maner forsaid, putt, keip and deteine thame in suire waird and firmance ay and quhill they be presentit befor his majesties counsall or justice. And lastlie his majestie and estaits forsaids, for suppressing of the said lawlis Limmers and Clan of MacGregour, nominats and appoints the sheriffs of the shirefdomes of Perth, Dumbartane, Angus, Mernes, Sterling and stewarts of the stewartries of Stratherne, Monteith, Bamff, Invernes, Elgin and Forres and thair deputtes, and the shireff of Cromartie and his deputts, and the proveists and baillies of the borrowes thair, the Earles of Erroll, Montrois, Athole, Perth, Tulliebardin, Seafort, Vicount of Stormonth, Lord Ogilvie, the Lairds of Glenwrquhy, Lawers, Garntullie, Weymes, Glenlyon, Glenfalloch, Edinampill, Grant, or any of thame, his majesties justices in that pairt, for setting, trying and doing justice upon the saidis rebells of Clangregour, or any of thame and thair complices, quho sall be apprehendit by any of his hienes good subjects for thift, sorning or slauchter, with power to thame to hold courts, proceid and minister justice upon the saidis rebells apprehendit as said is as accords. And quhair ever his majesties good subjects all happin to apprehend any of the saidis rebells sorning, committing thift or slauchter, and sall present thame to the saidis lords of counsall, justice or justice generall or commissioners abonespecifiet, or ather of thame, the doer of that service sall have for his rewaird the moveable goodes and geir of the offender takin and presentit by him in maner forsaid.
[1633/6/46]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaites of parliament declair that no particular actes maid in favour of any of his majesties subjects at this present parliament, nor no actes of ratificatioun maid in thair favour, sall prejudge his majestie nor his successors of the actes and statuites wnderwrittine maid in favour of his majestie in this same parliament, viz: the act of his majesties revocatioun, the act anent the superiorities of erectiones, the act anent regalities of erectiones and the actes maid or ratified anent his majesties annexed properties. And his majestie and estates find and declair the saidis particular actes and actes of ratificatioun maid in favour of any of his majesties subjectes in soe farre as the same or any of thame may prejudge his majestie or his successors of the saidis actes and statuites maid in his majesties favour or of the benefeit thairof, in whole or in pairt, to be null and of none availl, force nor effect by way of exceptioun or reply. And siclyk statuit and ordaine that the saidis particular actes and actes of ratificatioun sall not prejudge any thride pairtie of thair lawfull richts, nor of thair actiones and defences competent thairupon befor the making of the saidis particular actes and actes of ratificatioun, bot that the lords of sessione and all other judges sall be obliged to judge betuix the pairties according to thair richts standing in thair persone befor the making of the saidis particular actes, and that in respect the saidis particular actes and actes of ratificatioun ar maid without hearing of pairties having interest and, thairfor, ar maid salvo jure cujuslibet. Lykas his majestie and estates declair that this is and was the trew meaning of all the actes maid in the preceiding parliaments intitulate, 'Acts salvo jure cujuslibet', excepting alwayes furth of this present act a ratificatioun of the mortificatioun of the abbacie of Dundrenan to the chapell royall in favour of the bischope of Dunblane, the act of ratificatioun of the benefice of Failfuird with the pertinents grantit to Maister Walter Quhytfuird, with the act of dissolutioun of the abbacies of Holyrudhous and Newabby, all past in this present parliament. Excepting also furth of this present act the act of ratificatioun and dissolutioun maid in favour of the Marques of Hamiltoun anent his richt to the impost of the wynes new and old gifted by his majestie to him for the space of saxteine yeirs specified in his gifts and grants maid to him thairupon. And also excepting furth heirof the ratificatioun of the contract past betuix his majestie and the Lord Lorne anent the heretable office of justiciarie within the bounds thairin mentionat, dated the thrid and tuentie thrie day of Apryll 1628 years, and of the chartour wnder the great seale, precept and instrument of seasing following thairupon, together with libertie of creatione of clerks and members of court, directing of precepts and letters of horning and power to denunce and with all uther priveledges thairin contenit; and siclyk of the thrie severall actes of counsall and ane act of exchequer all relative to his richts of the said office of justiciarie and in favour of the said Lord Lorne.
[1633/6/47]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, considering that his majestie, out of his zeall and cair to establisch ane certane and constant course in all the supreme courts and justice seatts, alsweill civill as criminall, within his auncient kingdome of Scotland, did, by his majesties letters patents wnder the great seale of the dait at Whytehall, the second of July 1628 yeirs, give and grant ane ample commissioun to certane of his majesties counsall and uthers most expert in the lawes of the said kingdome for surveying, recognoscing and considering of the lawes, statuits and actes of parliament of the said kingdome, alsweill printed as not printed, with the customes and consuetudes of the samyne, quhilkis ar, and hes beine, observed as lawes within the said kingdome, and to repoirt thair advyse and opinioune thairanent to his majestie to the effect his majestie may thaireftir, with consent of his thrie estaits in parliament, establisch and inact the samyne in forme of lawes. And albeit the said commissioun was acceptit with all humilitie be the commissioners thairin contenit, yett in respect of sundrie interveining impediments, the samyne hes not takin the effect quhilk his majestie wished. And thairfor, his majestie in the lait conventioun of estaits haldin and begune upon the tuentie aucht day of July 1630, caused the said commissioun, with the utilitie and necessitie thairof, to be proponit to the saidis thrie estaits, quha efter dew consideratione thairof, with uniforme consent, in all humilitie acknawledged his majesties fatherlie cair and affectioune to the weill of the kingdome in granting of the said commissioun and humblie desyred some mae persones out of ilk estait to be addit to the former commissioners, conforme to the quhilk ane new commissioun was exped wnder the great seale of the dait the thretteine of October 1630 yeirs, quhilk was thairefter renewed be ane new commissioun past wnder the great seale upon the 18 of Januar 1631 yeirs, sen the quhilk tyme thair hes beine divers meittings of the saidis commissioners and sundrie pointes and articles treated and commouned for advancing of the samyne. And his majestie, considering that this worke being soe good and necessarie for the publick weill of this his auncient kingdome, can not tak the full perfectione without the authoritie of ane parliament and that the doing and performing thairof will require ane longer tyme nor this present parliament can sitt and attend upon, thairfor his majestie, tendering the publick good of this his majesties auncient kingdome hes, with consent of the estates, resolved to grant ane commissioun of that power and authoritie quhilk may both treatt anent the surveying of the lawes and general customes of the kingdome and als may conclude and determine thairupon. And thairfor, oure said soverane lord and estates of parliament hes grantit and be thir presents grants full power, commissioun and authoritie to the persones wnderwrittine, viz: the chancellar, thesaurar, Archibischope of Glasgow, the Earles of Hadingtoun, Lawderdaill, Southesk and Traquair, the Bischops of Dumblane and Rosse, Sir James Skeine, Sir Johne Hay, clerk of register, the advocate Sir Alexander Gibsone of Durie, Sir Thomas Hendersone, Sir Robert Spottiswode, Sir Andro Fletcheor, Sir James Learmonth, Sir George Halyburtoun, Sir [...] Leslie of Newtoun, Johne Boyle of Kelburne, Thomas Crombie of Kemno, Maister Alexander Guthrie, Maister James Cockburne, Johne Mackiesone, Sir Lues Stewart, Maister Andro Aytoun and Maister Thomas Nicolsone, elder, advocats, (or to any sevine of thame, the saidis chancellour, thesaurar principall, deputtie thesaurer and president of the sessione for the tyme, or any ane of thame, being ane of the said number of sevine); and with power to the saidis commissioners incaice of the decease of any of thair number to acquant his majestie thairwith, and of the persones name quhome they think most fitt to supplie the place and rowme of the persone deceast als oft as the samyne sall fall furth, to the effect his majestie may give warrand for adjoyning of him to thair number; to the quhilk commissioners sua nominat as said is oure soverane lord and estates of parliament, be the tennor heirof, gives, grants and committes full power and authoritie to meitt and conveine at quhatsumever tymes and places convenient, and to reid, recognosce and consider the haill lawes, statuites and actes of parliament of the said kingdome, alsweill printed as wnprinted, togider with the customes and consuetudes of the said kingdome quhilks ar and have beine observit as lawes withine the same aither in the civill or criminall judicatories and quhilks have beine receaved in practick by the decreits of the lords of sessione or justice generall, and to that effect to caus be exhibit befor thame be the clerk of register and justice clerk and thair deputtes the haill registers and rolles conteining the lawes and actes of parliament of the said kingdome, alsweill wnprinted as printed, with the registers of decreitts and interloquutors of the lords of sessioun and justice generall, togider with the buikes intitulat, Regiam Majestatem, quhilk conteines ane record of the auncient lawes and customes observit within the said kingdome; and efter dew consideratioun thairof, to conclude and determine anent the trew sense, meaning and interpretatione of all such lawes and actes of parliament quhilks ar wnclear and doubtsome in the selff and may receave divers interpretationes, and quhilk hes beine drawen in questioun befor the lords of sessioun inrespect of the doubtsomnes and wncleirnes thairof, and anent the printing of such lawes and statuites as ar not yett printed, and anent the omissioun of such actes and statuites as ar abrogat or become indesuetude and out of use; and siclyk to collect and sett downe the haill customes and generall consuetudes inviolablie observit in the said kingdome, alsweill in the civill as criminall judicatories, to the effect the samyne may be thair allowance, ratificatione and approbatione be registrated in the buikes of parliament and be maid notour and knawen to the haill lieges. Lykas his majestie, with consent of the estates presentlie conveined, finds and declares that the acts and ordinances to be aggried, resolved and concludit upon in the premisis and everie ane of thame, togider with the generall customes and consuetudes quhilk be the command and authoritie of the saidis comissioners sall be ordanit to be registrat in the buikes of parliament, to have the force and authoritie of a publick law wnto the second or thride sessioun of the nixt enschewing parliament quhilk sall be haldin in this kingdome; at the quhilk tyme the haill proceidings, conclusiones and determinationes done, acted and concludit be vertew of this present commissioun, togider with the said generall customes and consuetudes quhilk sall happine to be allowed and approvine be thame as said is, sall be exhibite to the saidis estaits of parliament to be advysed and considerit be thame, and sall take sick finall determinatione as the saidis estates sall then conclude and determine thairupon. And his majestie and estates declares this present commissioun to indure wnto the feast of Whitsonday in the yeir of God jM vjC threttie fyve yeirs, with power to oure soverane lord the king's majestie to prorogate the tyme of the said commissioun, with advyse and consent of his majesties counsall, to ane longer tyme and space as his majestie pleases, provyding the same exceid not the space of [...] yeirs; and als with power to his majestie to adde and adjoine such uther persones commissioners as his majestie sall think meit and expedient for advanceing of the worke of the said commissioun.
[1633/6/48]*[print] [email] [cite] [preceding] [following]
Oure soverne lord and estates of this present parliament, considering and acknowledging that the wndoubted heretable richt of the offices of admiralitie and chalmelanrie of the haill kingdome of Scotland does properlie apperteine and belong to his hienes darrest cowsigne James, duke of Lennox, and that for the advancement and furtherance of his majesties service be his officers bruiking and joysing of the saidis offices, and for the honour, weill and commoditie of the said Duke of Lennox, his airs and successors, anent the bruiking and joysing of the saidis offices and exerceing of the liberties and priveledges perteining thairto, and als inrespect that sundrie communities and uther particular persones and judicatories have incroatchit upon the saidis offices of admiralitie and chalmerlanrie, or ane or uther of thame ather generallie or within some particular bounds, it is requisit and expedient that cognitioun and tryell be takine of the auncient honors, dignities, preeminences, priveledges, liberties, immunities, fies, casualities, proffeits and dewties perteining and belonging to the saidis offices or ather of thame in maner and to the effect wnderwrittine. Thairfore, his majestie, with advyse and consent of the estates of this present parliament, be the tennor heirof, give, grant and committe to George, erle of Kinnowll, chancellar, Johne, erle of Marre, Alexander, erle of Linlithgow, Johne, earle of Wigtoun, Johne†, earle of Southask, Johne, erle of Traquair, Sir Archibald Atchesone, secretarie, Sir Johne Hay, clerk of register, Sir Thomas Houp, knicht baronett, advocat to his majestie, Sir George Elphingstoun, justice clerk, Sir Walter Stewart of Mynto, Sir Andro Fletcher of Inverpeffer, Sir James Learmonth of Balcolmie, Sir George Achinleck of Balmanno and Sir James Makgill of Cranstoun Riddell, senators of the colledge of justice, (or to any sax or more of thame, off the quhich number thair sall alwayes be present the said lord chancellour, the Earles of Linlithgow, Southesk and Traquair, at the least tua of thame) to cognosce, sette downe and determine the auncient honors, dignities, priveledges, prerogatives, preeminences, immunities, jurisdictiones, fies, casualities, proffeits and dewties perteining and belonging to the saidis offices or any of thame, and how far and in quhat places the samyne offices and jurisdictiones thairof and uthers forsaids sall be extendit and observit in all tyme coming, and be quhat order and maner the saidis offices, with the auncient honors, dignities, priveledges, preeminences, immwnities, jurisdictiones, fies, casualities, proffeitts and dewties perteining and belonging thairto may best be bruiked and joysed be the said Duke of Lennox, his airs and successors, and how all commwnities and uther privat persones and all uther judicatories may best be hinderit and impedit in incroatching thairupon, and to rectifie and suppres all abuses that hes incroatchit or creipin in or that may incroatche or creipe in upon the saidis offices or ather of thame or judicatories perteining thairto. With power also to the said James, duke of Lennox, heretable great admirall and chalmerlane forsaid, and his airs and successors and such persones as sall please him or thame to appoint for that effect, with advyse and concurse of the saidis commissioners, or any sax of thame, to reveis and peruse the haill admirall and chamberlane lawes, statuites and practickes thairto belonging within this kingdome, and to rectifie, correct and allow the samyne, and to sett downe new lawes, statuites and formes perteining and concerning or quhilks may perteine and concerne the saidis offices, honors, dignities, priveledges and uthers abonewrittine thairto belonging or any pairt thairof quhatsumever in any maner of way; with powar to the saidis commissioners to conveine at sick tymes and places as they sall think expedient, and to conveine befor thame all pairties in generall or particular having entreis in the said mater if they sall think expedient, and generallie to do all uther things anent the premisses that to the office of commissioners in sick caices of the law ar knawen to apperteine, promittens de rato etc. Lykas his majestie, with consent forsaid, be thir presents, statuites and ordaines that all things to be done be the saidis commissioners anent the premisses sall have the full strenth, force and effect of ane act and statuit of this present parliament. And to the effect the samyne may be the better notifiet to his majetties liedges and uthers having entreis, ordaines the samyne haill determinationes and declarators to be reportit to the clerk of register and his deputtis to be inrolled in the bookes of this present parliament, at the least to be reportit to the lords of secreit counsall and inrolled and markit in thair bookes; and that with all convenient diligence thaireftir publicatioun be maid thairof to all his hienes liedges and uthers having entreis in forme as effeirs, ordaining thir presents to be ane sufficient warrant to the clerk of register and his deputtes for extending of ane act of parliament heirupon in forme as effeirs.
[1633/6/49]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament, having considerit the particular articles and petitiounes wnderwrittine, produicit and givin in parliament viz: ane petitioun givin in be the commissioners of the Shirefdomes of Pearth, Angus and Fyffe againes the burgh of Dundie and magistrates thairof, for the great extortioun usit be thame in exacting ane ladell full of all kynd of victuall, grund and wngrund, presentit to the mercatt of Dundie, having no definit measure nor quantitie quhilk is ane heavie oppressioun; and thairfor desyring oure soverane lord and estates to have respect thairto and to tak sick good ordour thairanent as sall be thoght expedient for the saidis supplicants thair liberatioun in tyme coming. Item, ane petitioun givin in be the tanners and barkars within the kingdome of Scotland desyring that they may be frie and releivit of the burdeine and impositioun imposit upon thame for tanning and barking of hydes, and that the same impost may be dischargit in respect of the great damnage sustenit be the whole cuntrie thairthrow. Item, ane petitioun givin in be Maister David Wedderburne, maister of the grammer skoole of Abirdeine, desyring that the short and facile grammer drawn up be him and his paines may be allowit and ordanit to be taucht universallie through all the skooles of the kingdome of Scotland and all uthers grammers dischargit to be taught withine the samyne. Item, ane article in favours of ministers for friedome of foggage, pasturage, fewell, feall and devatt, and for declaring that the samyne sall be such friedome as the minister hes beine in possessioun of thir ten yeirs bygane; and that thes said pasturage sall conteine sax soumes gress at least out of the kirk lands of the paroche neirest and most ewest quhair they serve, quhairever the samyne may be had, wnles they have prejudgit thameselffes be posterior transactioun, pactioun or conditioun; and that thes quha hes done sua, thair friedome to be such as the transactioun beires; and for declaring that quhatever kirk rent, kirkland, pasturage, fewall, feall, devatt loning frie ische and entrie or uther priveledge hes beine possest be the kirk and ministers serving the cure for thair maintenance out of kirklands, kirk rents or teinds be the space of ten yeires bygane sall stand as ane good richt for broocking thairof in tyme coming. Item, ane article craving that the act anent the pryces to be takin be the maltmen be reformed. Item, ane article desyring some course to be takine for establisching of correctioun houses within severall partes of this kingdome. Item, ane article bearing that since forbidden goodes ar incontrollabillie transportit out of Scotland into England for the benefeit of that kingdome, that the lyke course be also takine that these thinges forbidine in England may in lyke maner be transportit into Scotland without controlement. Item, ane article desyring that some course be takin for inbringing of manufactories and incouraging of such as sall enterpryse the samyne. Item, ane article craving that it may be enacted that all plaiding be presentit to mercattes heireftir in foldes, and that the rolling thairof be dischargit inrespect of the fraud conceillit by the rolling of the same. Item, ane article craving that Buchanes patent anent the pearle be dischargit with all uther monopolles. Item, ane article craving that the bleatchers of lining cloath and uther cloath be inhibited frome bleiching any cloath with lyme wnder paine of punischment of the persones of these that sall bleach with lyme and uther pecuniall soumes to be exacted frome thame. And last, ane article desyring that all actes and impositiones maid and imposit for restraining of the inbringing of victuall may be dischairgit, it being without example in any pairt of the world, and soe much the more that the haill schirrefdomes of Dumbartane, Renfrew, Argyll, Air, Wigtoun, Nithisdaill, Stewartries of Kirkcudbricht and Annandaill and uther pairts ar not able to interteine thamselffes in the most plentifull yeirs that ever fell out without supplie from forraine pairts; as also desyring that sieing victuall is become the greattest commoditie now in Europe, that it may be declarit lawfull to merchands to import the samyne frielie within this kingdome at all tymes without any impositioun as for ane place of rest to be transportit againe be the inbringers (the cuntrie in the meane tyme having no neid thairof), as the saidis petitiones and articles forsaids in thameselffes proportis. Oure said soverane lord and estates of parliament forsaids, to the effect the particulars abonementionat and everie ane of thame may be the more cairfullie and exactlie considerit and tryit, baith in the benefeit and prejudices thairof quhilk may thairby ensew to his hienes liedges in particular or generall, hes remittit and remittes the tryall and cognitione of the forsaids haill particular petitiones and articles respective abonementionat to the lords of his majesties secreit counsall of the kingdome of Scotland, thair consideratioun, to be determinat and decydit be thame. And for this effect, oure said soverane lord and estates of parliament forsaids hes givin and grantit, and, be the tennor heirof, gives and grants full powar and commissioun to the saidis lords of his hienes secreit counsall to tak sick tryell and cognitione anent the forsaid first petitione and article abonementionat, givin in againes the burgh of Dundie and anent the abuse of thair said ladell and oppressioun forsaid thairby sustenit be the saidis petitioners, as the saidis lords of secreit counsall sall think necessar and expedient for trying of the forsaid abuse and oppressioun and for making constant and knawine quhat is and sould be the just measure and quantitie of the said ladell in tyme coming; with powar to the saidis lords of secreit counsall eftir tryell as said is and sua to decerne and determine anent the particular forsaid as they eftir consideration of the forsaid tryell and cognitione to be takin be thame as said is sall think just and equitable. And als oure said soverane lord and estates of parliament hes lykwayes givin and grantit, and heirby gives and grants, full power and commissioun to the saidis lords of his hienes secreit counsall of the kingdome of Scotland to consider and tak sick tryell and informatioun anent the haill remanent articles and petitiones abonementionat, and everie ane of thame, as the saidis lords of secreit counsall sall think expedient and necessar; and thaireftir to tak sick course and to decerne and determine anent the forsaids remanent particular articles and petitiones, and everie ane of thame as said is, according as the saidis lords eftir tryell and consideratione sall find most expedient and agriable with reassoun and equitie, and for the weill and good of all his majesties liedges. And ordaines the decreitts, sentences and determinationes to be pronuncit and givin be the saidis lords of secreit counsall in all the forsaids particulars, and everie ane of thame, to have the strenth, force and authoritie of ane decreit, sentence and act of parliament; for obedience quhaireof, ordaines letters to be direct according as sall be necessar.
[1633/6/50]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaits of parliament, taking to thair consideratione the particular articles following presentit by the commissioners of the schyres, viz: first tuitching the scarsitie of his majesties coyne, both of gold and silver, of this kingdome and of the frequent course of dollors and base copper money quhairby his majesties liedges susteines great prejudice. Item, that ane penaltie be sett downe upon the breackers of the actes of parliament maid anent mettis and measures. Item, to sett downe in the buik of rattes ane pryce to the clerk of the billes for allowance of comprysingis; hes remitted, and remittes, the samyne to the lordes of his majesties privie counsall, and gives and grants full power, authoritie and commissioun to the saidis lords to appoint and sett downe such sattellit course and remedie anent the premisses as they sall find most expedient for the weill and benefeit of his majesties lieges, and finds and declairs that quhat the saidis lords of privie counsall sall find expedient thairanent sall have the force, power and strenth of ane act and decreit of parliament.
[1633/6/51]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, being sitting in his royall persone with his estates in parliament, declaired and protestit that albeit his majestie had at this tyme, for certane occasiones moving his majestie, remitted the consideratione of the mater of coyne and money and uthers of that nature quhilk ar meirlie of his majesties prerogative royall to the lords of his majesties secreit counsall, yett the consenting thairto be his majestie at this tyme sould not be prejudiciall to his majestie and his successors in his and thair prerogative royall, bot that his majestie micht assume the managing and ordering thairof to himselff without consent of the estates as being matters meirlie perteining to his majestie be his prerogative royall, to the quhilk protestatione and declaratione the haill estaits assentit. Quhairupon Sir Thomas Hope of Craighall, his majesties advocate, askit instruments.
[1633/6/52]*[print] [email] [cite] [preceding] [following]
In the parliament haldine at Edinburgh upon the tuentie aucht day of Junii, jM vjC threttie thrie yeirs, the quhilk day anent the petitione presentit to his majestie and estates of parliament be ane noble lord Johne, lord of Torphichen, makand mentione that quhairas be statuit of this present parliament the superiorities of all erectiones ar annexit to the crowne, which will not onlie comprehend the superiorities of church lands erected in temporall lordschipes bot also all superiorities of erectiones of quhatsumever uther natur, and in speciall these of the lordschip of Torphichen which was auncientlie of the lordschip of Sanct Johne, and quhich never did belong to any prelatte, bischop or churchman, as sall be maid appear to his majestie or to any quhome his majestie sould appoint for examining the bussines; and being tryed and fund that his particular caice differres frome the natur of these superiorities intendit be his majestie to be reduicit to the crowne, and, thairfor, most humblie beseiking his majestie that in the act of annexatioun it may be declarit that the superioritie of his lordschip of Torphichen is nawayes thairine comprehendit, or that the same be remitted to the counsall, as at mair lenth is contenit in the said petitione. His majestie, with the advyse of the estates of parliament, remittes the said petitione to the counsall, with power to thame to trie bot not to decerne till they acquant his majestie with quhat they find and have his majesties pleasure returned to thame thairanent.
[1633/6/53]*[print] [email] [cite] [preceding] [following]
In the parliament haldin at Edinburgh, the tuentie aucht day of Junii the yeir of God jM vjC threttie thrie yeirs, anent the signatur givin in and presented to oure soverane lord and estates of parliament be his hienes traist cowsigne Alexander, lord Spynie, off the quhilk signature the tennor followes de verbo in verbum: Oure soverne lord and estates of this present parliament ordaines ane ratificatioun and act to be maid thairine to, and in favours of, his hienes traist cowsigne Alexander, lord of Spynie, ratifiand, approveand and, for his hienes and his successors, perpetuallie confirmand the letters patent and gift maid and grantit be his majestie to him wnder his hienes great seale of the dait the second day of Junii, the yeir of God jM vjC tuentie and sax yeirs, quhairby, for the reassonable causses thairin contenit, oure said soverane lord maid, constituit and ordanit the said Alexander, lord of Spynie, during all the dayes of his lyftyme, general musterdmaister and colonell of all and sundrie troupes and trainit bands of the haill kingdome of Scotland and haill Yles adjacent and perteining thairto, with ample powers and priveledges in maner thairincontenit, as the samyne letters of gift and patent of the dait forsaid in thameselffes at mair lenth beirs in all and sundrie the heads, pointes, clausses, articles, circumstances and conditiones thairincontenit, and eftir the formes and tennors thairof in all pointes. And oure said soverane lord and estates of parliament willes and grants and, for his hienes and his successors, perpetuallie decernes and ordaines that the generalitie of this present ratificatioun is, nor sall nowayes be, hurtfull nor prejudiciall heirwnto in any sort, bot the samyne sall be alls effectuall and sufficient as if the haill tennor of the saidis letters patent and gift wer all at lenth insert in the said ratificatioun, quhairanent oure said soverane lord and estates of parliament hes dispensit and be thir presents dispenses for ever. And becaus his majestie and estates wnderstands assuredlie that the attendance and discharge of the said office and place will require great paines and chairges, quhairthrow his majestie resolvit to have gratifiet the said Alexander, lord of Spynie with some rent ansuerable to his chairges and expenses, and his majestie being wncertane be himselff to modifie any certane or proportionall rent thairfor at the present, not wnderstanding the travell and expenses he may susteine in perfyte discharging of the said office and place, thairfor oure said soverane lord, with advyse of the thrie estates of parliament, hes fund it expedient that the managing of the bussines and modificatione of the rent ansuerable to the charge sall be referrit to the lords of his hienes secreit counsall of Scotland, quha be thair cair may better informe thameselffes of the estate of that mater nor his majestie can doe upon ane suddentie now at his being within this realme, having soe many wechtie adoes and soe short tyme to abyde heir. Inrespect quhaireof, oure said soverane lord, with advyse of the saidis estaits of parliament, hes committed and heirby committes to the saidis lords of his majesties said secreit counsall of Scotland the ordering of that bussines, and gives and committes to thame full powar and commissioun to sett downe and modifie sick soumes of money yeirlie to be payit to the said Alexander, lord of Spynie during his lyftyme as they sall think expedient, and to appoint and impose the same to be payit ather out of his majesties rents or be sick persones as eftir tryell they sall think expedient; and als with power to thame to sett downe sick articles and injunctiones as they sall think expedient for advancement of that service and generallie all and sundrie uther things in the premises to doe that his majestie, with advyse of the saidis estates of parliament, micht presentlie doe. And siclyk, with powar to the saidis lords of secreit counsall to direct out warrands for compelling of the schireffs of the schyres, stewarts of the stewartries, baillies of the bailliaries and regalities, proveist and baillies of borrowes and all uthers judges and ministers of his hienes lawes, alsweill to burgh as land, for performance of sick articles as sall be sett downe be the saidis lords of secreit counsall thairanent, and for that effect to direct out letters of horning and uthers in forme as effeirs, quhairanent thir presents and act to be maid heirupon sall be als sufficient ane warrant as if the same had beine done and past in this present parliament; and ordaines the said ratificatioun and act to be exped in the best forme. Givin at Halyrudhous, the [...] day of Junii, the yeir of God jM vjC threttie thrie yeirs. Oure said soverane lord and estates of parliament abonewrittine having red, seine and considerit the forsaid signature and commissioun thairincontenit and haill contents thairof, and the samyne being voted in parliament, have given and grantit and, be the tennor heirof, gives and grants full power and commissioun to the lords of his majesties privie counsall, eftir consideratione of the forsaid signature and haill contents thairof, to decreit and determine thairanent as they sall think fitt and expedient, they alwayes causing warne and call befor thame some commissioners for ilk estate to treatt and reassoun in the particulars abonewrittine contenit in the said signature befor they mak any finall determinatione or conclusione thairine.
[1633/6/54]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaits of parliament, considering that the great and exorbitant interest accustomed formerlie to be takine be merchands and factors of this his majesties kingdome of Scotland frome uthers his majesties subjects of the said kingdome for loane moneyes and moneyes advancit upon exchange in the citie of Lundon in his majesties kingdome of England, haith givin occasioun to the frequent and continewall exportatioun of gold and money furth of this kingdome, to the no small damnage and prejudice of the same, and that the excessive proportioun of the said interest doeth farre exceid and surmount the rait and proportioun of interest accustomed, usuall and approvine in uther nichbouring and weill governed kingdomes. For remedeing and redressing quhairof, his majestie and estaits forsaids hes givin and grantit full power, authoritie and commissioun to the lords of his majesties privie counsall to sett downe, appoint and determine the dew and just rate and proportioun of interests that they sall find just, reassonable and expedient in all tyme coming, to be takin be merchands and factors of this kingdome and uthers excerceing the said trade frome any uthers his majesties liedges of the samyne kingdome for loane moneyes and moneyes to be advancit upon exchange in the citie of London; with power lykwayes to the saidis lords to impoise fynnes and penalties upon the breackers and contraveiners of thair ordinance to be maid thairanent, and to tak such farder course and order anent the same as they sall think most expedient for the benefeit of his majesties liedges. And finds and declairs that quhatsumever the saidis lordes of privie counsall sall find, determine and conclude anent the premises, that the samyne sall have the full strenth, force, power and effect of ane act and decreit of parliament in all tyme thaireftir.
[1633/6/55]*[print] [email] [cite] [preceding] [following]
In the parliament haldin at Edinburgh, the tuentie aucht day of Junii, jM vjC threttie thrie yeirs, anent the supplicatioun and petitioun givin in and presentit to his majestie and estates of parliament be the justice deputtes and justice clerk of the kingdome of Scotland, makand mentioun that quhair as King James, of blissed memorie, being trewlie informit of the great decay of the most auncient criminall judicatorie of this kingdome, and how by injurie of tyme it had beine dispossessed of many priveledges and liberties onlie propper to it, and how the judges of the said court wer altogither wnprovydit of convenient fies to mainteine a dignitie dew to thair place; in consideratioun quhaireof, his majestie was pleased, with advyse of the estates of parliament, to grant a commissioun to a number of the honorable counsall quho, by the advyse of some lawers, micht meitt and conveine to consider of everie thing that sould be thocht expedient to restoir and reestablish the said judicatorie to the auncient dignitie and integritie in all things, bot that trew it was that the saidis lords commissioners then appointit did never meitt for the effect forsaid, soe that nothing as yett was done as had beine befor resolved. Inrespect quhaireoff, the saidis supplicants did humblie supplicat his majestie and the estates conveined in this present parliament to grant a new commissioun to such persones as his majestie and estates forsaids sould think fitt to meitt and conveine for the causses forsaids, and to report thair diligence to his majestie betuix and some certane day thaireftir, as the said supplicatioun beires. Quhilk being red in audience of his majestie and estates of parliament forsaids, and the same being hard and considerit be thame, oure soverane lord and estaits forsaids remitted and referred, lykas be thir presents they remitt and referre to the lords of his majesties most honorable privie counsall of the said kingdome of Scotland, to consult and consider of the said supplicatioun and of the contents and desyre thairof; and thaireftir, with power to the saidis lords to give anser thairto or to determine thairin as they sould think fitt and expedient.
[1633/6/56]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament hes remittit and recommendit, and remittes and recommends, the article givin in to the parliament desyring the kirkes of Meikill and Litle Datounes, lyand within the diocie of Glasgow, to be disjoined fra the kirk of Mowswald, and ordaining Meikle and Litle Daltounes to be ane severall cure and paroche kirk per se fra Mowswald, as the article in the selff mair fullie proports. Item, the article givin in to the said parliament for erecting and planting and edifieing of ane new kirk upon the most commodious pairt of the parochine of Beithe lyand nearest to the middel of the said parochine, quhilk is ane of the kirkes of the presbetrie of Irwing, lyand within the bailliarie of Cunynghame, and for taking downe and transporting of the auld kirk of the samyne parochine of Beithe and haill materialls thairof to the place quhair the new kirk is to be buildit for the better help to the edifieing thairof; and desyring that the manse, gleib and gleib lands of the parochine of Beithe, presentlie possest be the minister thairof, sall be applyit to the use and utilitie of the builders and provyders of the new manse and gleib, quhilk sall be provydit to the minister serving the cure at the new kirk of Beith to be erectit and buildit in maner contenit in the said article, as the samyne in the selff at mair lenth beires; to the lordes commissioners and clergie of the hie commissioun of the kingdome of Scotland to be considerit, advysit and determinat be thame, to quhome oure said soverane lord and estates of parliament forsaids gives and grants be thir presents full power and commissioun to decerne and determine anent the forsaids tua particular articles abonewrittine and ilk ane of thame, according as the saidis lords and remanent commissioners of the said high commissioun, eftir consideratione, tryell and cognitione had and takin be thame anent the forsaids tua articles abonementionat, sall find good for the ease, weill and benefeit of the lieges having entreis thairin; and ordaines the decreit, sentence and determinatione to be maid, givin and pronuncit be the said high commissioun anent the forsaids tua particulars abonespecifiet to have the strenth, force and effect of ane sentence and act of parliament in all tyme coming.
[1633/6/57]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaits of parliament hes remittit and recommendit, and remittes and recommends, the article givin in and produicit in parliament for Robert Young, printer, citiner of London, and his partiners, creaving ratificatioun of ane gift grantit to him and his forsaids to be sole and onlie printers to his majestie within the kingdome of Scotland for the space of tuentie ane yeirs eftir the dait of the gift, quhilk is daitit the tuelt of Apryll, jM vjC threttie tua yeirs. Item, ane petitione givin in be Jonat Kene, relict of umquhile Andro Hart, printer, burges of Edinburgh, desyring that the forsaid gift may be recallit at the least limitated in maner contenit in the said petitione. Item, ane article givin in be Maister Robert Craige as procurator for the kirk desyring that he micht be payit of the fyve hundreth punds assignit to him yeirlie for that service as procurator for the kirk and ministerie thairof out of the reddiest of the annwitie dew to his majestie out of the teinds of the kingdome of Scotland, as the said article at mair lenth proports. Item, ane uther article anent vassells of waird lands and anent the entrie of the meane vassalles of kirklands. Item, ane article givin in in parliament desyring that the bodie of the cathredrall kirk of Orknay be uphaldin and mainteined be some competent meanes to be assignit out of the king's patrimonie for that effect, seing the same was uphaldin be the Erle of Orknay of befor, and that the Bischope of Orknay and his successors be ordanit to uphauld the quiere of the said kirk, as the forsaids articles in thamselffes mair at lenth beirs; to the lordes of his majesties exchecker of the kingdome of Scotland to be advysed, considerit and determinated be thame, to quhome oure said soverane lord and estates of parliament be thir presents grants full power and commissioun to decerne and determine anent the forsaids particular articles and petitioun respective abonewrittine, and desyres thairof according as the saidis lordes of exchecker, eftir tryell and consideratione had and takin be thame thairanent, sall find guid and expedient; and ordaines the determinatione, decreit, statuite and ordinance to be maid, givin and pronuncit be the saidis lords of exchecker anent the particulars abonerehearsit to have the strenth, force and effect of ane sentence and act of parliament in all tyme coming.
[1633/6/58]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament, having considerit thir particular articles wnderwrittine, givin in and produicit in parliament, viz: ane article givin in anent the payment of the ministers stipends within the burgh of Edinburgh, desyring that the soume of tuelff thousand merkes may be uplifted yeirlie of the haill inhabitants and induellers within the said burgh (the lords of his majesties counsall and sessioun being onlie excepted), and that according to the proportioun of the maill they pay or the houses quhair they reside may pay for ane maintenance and stipends to the ministers of the said burgh. Item, ane petitioun be the gentlemen and inhabitants of the shirefdomes of Elgin, Forres, Nairne and Invernes desyring that some solide ordour sould be takin with the rebells of these bounds and that warrand be grantit to his hienes advocat to persew the saidis rebells befor the justice, conforme to the said supplicatioun. Item, ane article desyring the chartor of erectioun of the burgh of Stranraver, with the heavine thairof, in ane frie royall burgh, to be ratifiet in favours of the proveist, baillies, counsall and commwnitie thairof and thair successors. Item, the supplicatioun, desyre and reassounes givin in and produicit to the parliament be the towne of Wigtoun againes the forsaid ratificatioun and desyre thairof. Item, ane article for the inhabitants of the wast and north Yles of Scotland desyring all charges and letters, ather for civill or criminall causes, quhilks sall be direct againes the inhabitants thairof, to be ordanit to be direct upon thriescoir dayes onlie. Item, ane article for the inhabitants of Orknay and Yetland creaving that the removeable tennents thairof be frie of payment of taxatioun. Item, it is creavit that cawtioun for lawborrowes for the inhabitants of Orknay and Yetland be fund within the cuntrie thair and that the letters beir the same. Item, that it be ordanit that all poindings usit within Orknay and Yetland sall be lawfull, being apprysit and offerit upon the ground to the pairtie and the nixt Sabboth day at the paroche kirk dure without going to the croce of Kirkwall or Skalloway. Item, it is creavit be the uddallers of Orknay and Yetland quha hes thir many ages, conforme to the dense law, possest thair land for payment of scatt and teind, that no man be interponit betuix his majestie and thame to molest thame, bot that they remaine his majesties immediat vassells for payment of scatt and uther dewties conforme to thair rentalls, ay and quhill his majestie conforme thair richts to the lawes of this kingdome. Item, that it may be ordanit that actes of warding upon shireffs decreitts in default of moveable guids be direct conforme to the order usit within burgh, inrespect that the soumes being ten or tuelff punds, and the debtor, having no moveable goodes poindable, the pairtie is not able to raise horning and captioun thairupon. Item, ane article givin in be Sir Johne Scott, director of the chancellarie, desyring that the consideratioun of the article givin in be him anent the pryces of the wreatts quhilks passes his office may be remitted to such number of the lords of the articles of the thrie estates as oure soverane lord and the parliament sall think meitt, and that the pryces thairof may be established be thair act according to the usuall forme. Item, ane petitioun, with some articles givin in be the doctors of phisick within this kingdome, desyring our soverane lord and estates of parliament to tak the articles and overtures givin in be thame (for incorporating of the doctors of phisick within this kingdome in ane colledge of phisicianes within the burgh of Edinburgh) to thair consideratioun, and to allow all or such thairof as sould be fund expedient, as the saidis particular articles and petitiones respective abonespecifiet beirs. Oure said soverane lord and estaites of parliament forsaides, being willing that the forsaids particulars abonewrittine and everie ane of thame, with the equitie and justnes of the desyres of the samyne and expediencie and conveniencie thairof, be cairfullie and exactlie considerit, hes thairfor remittit and recommendit, and remittes and recommends, the forsaids particulars abonewrittine and everie ane of thame to the lords of his majesties secreit counsall of the kingdome of Scotland, to quhome oure soverane lord and estates of parliament forsaids gives and grants full power and commissioun to consider, advyse and try the forsaids haill particular articles and petitiounes abonementionat, and everie ane of thame, with the equitie, necessitie and expediencie thairof, and thaireftir to decerne, statuit and determine anent the forsaids particular articles and petitiones and ilk ane of thame according as the saidis lords of secreit counsall sall think expedient for the good and weill of all the lieges and according to the equitie, necessitie and expediencie of the forsaids articles and petitiounes abonementionat. Lykas our soverane lord and estaits of parliament forsaids ordaines the decreitts, statuits, ordinances and determinationes to be maid, givin and pronuncit be the saidis lords of secreit counsall anent the forsaids particular articles and petitiounes abonewrittine, or any of thame, to have the strenth, force and effect of ane sentence and act of parliament.
[1633/6/59]*[print] [email] [cite] [preceding] [following]
In the parliament haldin at Edinburgh the tuentie aucht day of Junii, jM vjC threttie thrie yeirs, the quhilk day anent the supplicatioun givin in and presentit to his majestie and lords of parliament nominat and chosin for the articles be the parichioners of the paroche kirk and parochine of Nisbetts, within the schirefdome of Roxburgh, makand mentione that upon some informatioun maid to the estates of parliament in anno jM vjC and tuelff yeirs, the kirk of Nisbetts was united to the kirk of Crailing for heiring the divine service and participating of the sacraments; and sieing the parichioners in thair resort thither wer forcit ather to adventure thair lyfes oftentymes in crocing the rivers of Tyett and Oxname, or to mak a journey of at least four mylles to croce the saidis watters at the bridge of Ancrum, though non of the said paroche duells halfe a myll frome thair auncient paroche kirk the kirk of Nisbetts, and sieing also that the ministers whole stipend is payit out of the paroche of Nisbetts and that the buriall of the saidis parichioners did still remaine at the said kirk of Nisbetts, thairfor beseikand the saidis lords of the articles to ordaine that the auncient seatt of the said kirk of Nisbetts micht be the onlie kirk for the saidis paroches of Nisbetts and Crailing, and the present minister and his successors ordanit thaireftir to mak thair residence within the parochine of Nisbetts, and that the induellars of Crailing sould repair to the said kirk of Nisbetts as thair onlie paroche kirk for exercise of divine service in all tyme thaireftir, as the said supplicatioun beares. Quhilk supplicatioun, being upon the tuentie saxt of the said moneth of Junii red in awdience of his majestie and the saidis lords of the articles, and they having had deliberat consideratioun thairof, eftir deliberatioun, they remittit and be thir presents remittes the forsaid supplicatioun and haill contents thairof, and consideratione of the same, to the decisioun and determination of the saidis lords commissioners of parliament appointit be his majestie and estates for surranders and teinds, with power to thame to determine thairin as they sall think fitt and expedient.
[1633/6/60]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, of certane knawledge and propper motive, and for some speciall causes and reassounes moving his majestie, hes, with consent of the thrie estates and haill bodie of this present parliament, exceptit and reservit to his sacred majestie the lands, kirks, teinds and uthers eftir specifict fra the act of annexatione maid at this present parliament, and fra all uther former annexationes maid be his majesties predicessors of happie memorie, and als fra all uther actes and statuits maid in this present parliament to the effect his majestie may dispose thairupon at his gratious pleasure, viz: all and haill the hous, precinct and yairds of Holyrudhous, with the houses, tenements and yairds lyand contigue thairto haldin of old of the said abbacie, with the richt of superioritie of the kirklands of Dunrode, Quhytkirk and Fuirde, with the maner places, houses, yairdes, annexis and connexis of the samyne quhilk pertenit of befor to the said abbacie of Halyrudhous, and als the paroche kirks of Sanct Cudbert, Libbertoun, Tranent, Crawfuirdlindsay, Dalgarno, Wr', Kirkcudbricht, Kirkcormok, Balmagie, Dunrod, Keltoun, Barro and Sanct Marteines, with the haill teinds of the saidis kirkes perteining to the said abbacie of Holyrudhous, and siclyk the abbacie of Newabbay, with the haill lands, baronies, kirkes, teinds, patronages and uthers perteining to the said abbacie, alsweill temporalitie as spiritualitie, of the samyne. And to that effect his majestie and estates forsaids hes dissolvit and be thir presents dissolves the saidis kirk lands, superiorities and uthers forsaids perteining of old to the said abbacie of Holyrudhous, togider with the haill lands, baronies and uther temporall lands quhatsumever quhilk pertenit of old to the said abbacie of Newabbay fra quhatsumever acts of annexatione annexing the samyne to the crowne maid in this present parliament or quhatsumever parliaments preceiding be his majestie, or any of his majesties predicessors of happie memorie, to the effect his majestie may dispoise thairupon at his pleasure. And siclyk his majestie and estates hes dissolvit and be thir presents dissolves the forsaids kirks, teinds, patronages and uthers abonewrittin, togider with the houses, precinctes, monasteries and yairds of the saidis abbacies, fra the saidis benefices and abbacies of Holyrudhous and Newabbay respective, and hes supprest and suppreses the saidis abbacies and ather of thame with the memorie thairof for ever, to the effect his majestie may dispone thairupon at his gratious pleasure as said is, and willes and declairs that it sall be lawfull to his majestie to dispone upon the premises to quhatsumever persone and in quhat maner his majestie pleases, notwithstanding of quhatsumever generall and originall lawes maid in the contrair, and speciallie notwithstanding of the act of annexatione maid in anno 1587 or of any act of annexatione maid of befor or sensyne or at this present parliament; and als notwithstanding of the act of parliament maid be his majesties umquhile darrest father of eternall memorie, parliament 10, cap. 11, anent the living of benefices in the same estate as they ar fund be the titular, and of the act maid in his majesties said umquhile darrest fathers 12 parliament, cap. 119, forbidding erectione of kirklands and teinds in temporall lordschipes, and notwithstanding of quhatsumever actes and statuites of parliament maid sensyne or at this present parliament, quhilk his majestie and estates declares to be null and ineffectuall in sua far as may concerne the lands, kirkes, teinds, patronages and uthers forsaids reservit to his majestie be this present act.
[1633/6/61]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and the thrie estates of this present parliament convenit, wnderstanding that his majesties darrest father of worthie memorie be his letters of grace and favour gave peace and protectione to Francis Stewart, eldest lawfull sone to umquhile Francis, sumtyme erle of Bothwell, to bruik quhatsumever pertenit to him be reassoun of his marriage and that his childreine and posteritie eftir him sould be capable thairof; and als wnderstanding that his majesties said umquhile father of worthie memorie, thaireftir pitieing the estate of the said Francis Stewart, his majestie, be his letters of rehabilitatione the tuelt day of October, jM vjC tuentie ane yeirs, hes admittit the said Francis to his majesties gratious protectioun and peace to the effect following, and hes declarit him capable to bruik his majesties favour to quhatsumever lands, guids, benefices, teinds, donationes, offices and rents that he sould acquire be his awin industrie and paines, and that his childreine and posteritie sall bruik the samyne eftir him in quhatsumever his majesties kingdomes the samyne sall be acquirit in peace and favour, and gave and grantit to him and his posteritie to have persones to stand in judgement in all actiones and causses concerning the premises, and be the said rehabilitatioun, rehabilitat the said Francis for that effect, dispenseand with all prior acts of dishabilitatioun pronuncit againes the posteritie of the said umquhile Francis, sumtyme erle Bothuell sua far as concernes the particulars forsaids, as the said rehabilitatioun of the dait forsaid givin wnder the great seale beires. And inrespect the said Francis hes, in all humilitie, submitted the decisione of all contraversies standing betuix the Erles of Roxburgh, Balcleuch and him, and that his majestie hes givin his decreit arbitrall thairintill, thairfor his majestie and thrie estates of this present parliament ratifies, approves and confirmes the said rehabilitatioun in the haill heids and clausses thairof, and farder declaires that the said Francis, his airs and assignais sall be valide and able persones wnder his majesties protectione and power to bruik quhatsumever lands, teinds, benefices, donationes, offices and rents quhilks hes beene acquirit be himselff since the dait of the saidis letters patents grantit to him be his majesties said umquhile darrest father or quhilks sall be acquirit be him in any tyme heireftir, and quhilk is alreadie decernit or quhilks sall be adjudgit be vertew of the said decreit arbitrall to apperteine to him, and quhilks it sall please his majestie to gift and dispone to the said Francis as apperteining to his majestie be vertew of ane renunciatioun maid be the saidis erles of certane lands, teinds, and uthers thairin contenit sua far as they have any richt thairto be the forefaltor of the said umquhile Francis, sumtyme erle Bothuell, conforme to the said renunciatioun of the dait the [...] day of [...], jM vjC [...] yeirs, or quhilkes sall be giftit be oure soverane lord to the said Francis, his airs and successors, as omitted out of the valuatioun of lands, teinds and uthers perteining to the said umquhile Francis, sumtyme erle Bothuell, deduicit befor the lords of secreit counsall of the dait the [...] day of [...], jM vjC [...] yeirs. And oure soverane lord and estates forsaids gives power to the said Francis and his forsaids to persew for all lands, teinds and uthers quhilkes ar decernit be his majesties decreit forsaid, or quhilkes sall be adjudgit to apperteine to him be vertew thairof, or quhilkes sall be giftit to him be his majestie as omitted or perteining to his majestie be renunciatioun forsaid be vertew of the richts to be grantit to the said Francis be the saidis Erles of Roxburgh and Balcleuch be the decreit forsaid. And for that effect his majestie, with consent of the thrie estates, rehabilitats the said Francis againes all actes of dishabilitatione maid againes the said Francis or againes the posteritie of his said umquhile father in sua far as concernes the sure and full bruiking of the premisses, and willes and declairs that the said Francis and his childreine and posteritie eftir him sall bruik and joyse the samyne quhilks ar decernit, acquirit or sall be acquirit or giftit in maner forsaid within his majesties kingdomes with his hienes peace and favour thairwnto, notwithstanding of any former actes of dishabilitatioun pronuncit againes him or the posteritie of the said umquhile Francis, sumtyme erle of Bothuell in any tyme bygane. It is alwayes provydit that the said Francis Stewart sall doe and performe to the saidis Erles of Roxburgh and Balcleuch that pairt of the decreit arbitrall sua far as the said Francis is decernit to doe in thair favours, wnder quhilk provisioun this present act of rehabilitation is grantit be his majestie and estates to the said Francis and his forsaids, provyding alwayes, lykas it is heirby expreslie provydit and declarit, that the forsaid rehabilitatioun, nor any thing thairincontenit, sall nawayes be prejudiciall to James, marques of Hamiltoun, his airs and successors anent his richts and infeftments of his lands and baronies of Lesmahago and Bothuell, and haill pairts, pendicles and pertinents thairof and teinds of the samyne and uthers quhatsumevir disponit to umquhile James, marques of Hamiltoun, his father, be the Erles of Roxburgh and Buckcleuch, or perteining and belonging to the said James, marques of Hamiltoun be quhatsumever other maner of way; nor that the samyne rehabilitatione sall furnisch the said Francis any actioun, entreis or clame of richt thairto, bot that notwithstanding thairof the said James, marques of Hamiltoun, his airs and successors sall bruik the samyne haill lands, teinds and uthers disponit be the said erles to his saidis umquhile father or quhairwnto he hes richt be quhatsumever other maner of way peaciblie in all tyme coming without any questioun, trouble or impediment to be maid to him or thame thairanent be the said Francis, his airs and successors, nor any uthers, the posteritie of the Erle Bothwell; and provyding lykwayes that the forsaid rehabilitatioun sall nowayes be prejudiciall to Sir Thomas Thomesone of Dudingstoun, knicht, his infeftments, richts and securities of his lands of Eister and Wester Dudingstounes and teinds of the samyne, bot that he may peaciblie bruik the samyne in tyme coming without any questioun or impediment to be moved to him, his airs or successors be the said Francis nor be his airs nor successors nor be any uther the successors of umquhile Francis, somtyme erle Bothuell.
[1633/6/62]*[print] [email] [cite] [preceding] [following]
The same day comperit Sir Patrick Murray of Elibank, knicht, and protestit that the acts of parliament in favours of Francis Stewart sall not prejudge the said Sir Patrick of the richt he hes of the kirkland and of the teinds, personage and viccarage, of the proveistrie of Crichtoun, quhither the same be contenit in the erle of Buckcleuches valuatioun or not givin up to his majestie.
[1633/6/63]*[print] [email] [cite] [preceding] [following]
The same day comperit ane reverend father in God, Adame, bischope of Dumblane, and protestit that the passing and expeding of the act of rehabilitatione in favours of Francis Stewart, eldest lawfull sone of umquhile Francis, sometyme erle Bothuell, in this present parliament sould not be prejudiciall to the said bischop of Dumblane and his successors, deanes of the chappell royall, anent the lands of Markell and Traprain lyand withine the constabularie of Hadingtoun, dotted and mortifiet be his majesties father of eternall memorie to the use of his majesties chappell royall in Striveling and annexit to the bischoprick of Dumblane, bot that, notwithstanding of the said rehabilitatione, the richt of the saidis lands of Markell and Traprain, with the haill fermes and dewties, rents and proffeitts thairof, sall be presentlie bruikit and possessit be the said Bischope of Dumblane and his successors as deanes of the chappell royall but any clame, questioun and trouble to be maid to him be the said Frances, his airs and assignais; quhilk protestatione the thrie estates admitted, lykas his majestie in face of parliament declarit that his majestie sould mak na richt in any heireftir to the said Francis and his forsaids of the saidis lands of Markell and Traprain in prejudice of the said bischope and his successors, deanes of the chappell royall, or in prejudice of the said dotatione and mortificatione maid be his majesties umquhile father of the saidis lands in thair favours. Quhairupon the said Adame, bischope of Dumblane, askit instruments.
[1633/6/64]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and thrie estates of parliament, considering that his majestie and estates forsaids be speciall act of parliament, of the dait of thir presents, hes ratifiet and approvin the letters of rehabilitatioun of Francis Stewart, sone to umquhile Francis, sometyme erle of Bothwell, grantit be his majesties umquhile darrest father of eternall memorie of the dait the tuelt day of October, jM vjC tuentie ane yeirs, in the haill heides and conditiones thairof, and hes declarit that the said Francis and his airs sall be valide and able persones to bruik quhatsumever lands, teinds, benefices, donationes, offices and rents quhilk hes beine acquirit be him selff or quhilkes sall be acquirit in any tyme heireftir, and quhilk is alreadie decernit or sall be adjudgit to perteine to him be his majesties decreit arbitrall givin be his majestie betuix the Earles of Roxburgh and Buckcleuch and the said Francis, or quhilk it sall please his majestie to give to the said Francis as omittit or as perteining to his majestie be the renunciatioun maid be the saidis erles in his majesties favours, and hes given power to the said Francis to persew for all the saidis lands, teinds and uthers quhilkes sall be decernit in his favours be his majestie be vertew of the richts to be grantit to the said Francis be the saidis Earles of Roxburgh and Buckcleuch be vertew of the said decreit, and for the remanent particulars abonespecifiet quhilk his majestie sall be pleased to give to the said Francis in maner forsaid; and for that effect his majestie, with consent of the saidis estates, hes rehabilitat the said Francis, his airs and successors againes the act of dishabilitatioun of the said Francis or of the posteritie of the said umquhile Francis, somtyme erle Bothwell, his father, in sa far as the same may imped or hinder the said Francis to persew for quhatsumever lands, teinds and uthers to the quhilk he hes, or sall have, richt in maner forsaid as the said act beirs. And his majestie, being willing that the saidis Earles of Roxburgh and Buckcleuch be nowayes prejudgit in that quhilk of all equitie does perteine to thame conforme to his majesties said decreit, thairfor oure said soverane lord and thrie estates of parliament hes provydit and declarit, and be thir presents provydes and declairs, that the contents of the said act sall be affected with this provisioun and conditioun: that the said Francis, his airs and successors sall be haldin to doe and performe to the saidis Earles of Roxburgh and Balcleuch, thair airs and assignais all and quhatsumever quhilk is decernit to be done be him to thame be wertew of his majesties decreit arbitrall forsaid, or quhilk his majestie declairs to be done for performance thairof. Lykas his majestie and estaits forsaids for that effect ratifies and approves all richts quhatsumever grantit to the saidis Earles of Roxburgh and Buckcleuch or thair predicessors or authors be his majesties umquhile darrest father of happie memorie, or acquirit be thame in any maner of way, off all lands, teinds, rents and uthers of the said umquhile Erle Bothuells estate, or quhilkes they have be the act of inhabilitie of the said Francis (except such as is decernit and adjudgit to the said Francis be the said decreit arbitrall or quhilkes sall be giftit to him be his majestie in maner forsaid), and decernes the samyne richtes to be good and valide richts, quhairby the saidis Earles of Roxburgh and Buckcleuch may bruik the samyne lands, teinds and uthers in all tyme coming, in sua far as the same is not adjudgit be his majesties said decreit arbitrall or sall be giftit be his majestie to the said Francis as said is.
[1633/6/65]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament, having considerit ane petitioun and desyre givin in in parliament be the colledge of justice and Maister Robert Craige, advocat, sone to umquhile Maister Thomas Craige, advocat, creaving that command and warrand micht be grantit for imprinting of the thrie volumes writtine be the said umquhile Maister Thomas Craige intitulat De Feudis, inrespect that the samyne wald be verie usefull to the cuntrie and for the instructioun of these quha aspyres to the knawledge and practick thairof, as the said petitioun at mair lenth beires; oure said soverane lord and estates forsaidis ordaines the saidis thrie volumes writtine be the said umquhile Maister Thomas Craige intitulat De Feudis to be visite and overseine be Sir Thomas Houp of Craighall, knicht baronett, his hienes advocat, Sir Alexander Gibsone of Duirie, knicht, Sir Andro Fletcheor of Innerpeffar, knicht, tuo of the ordinar senators of the colledge of justice, and Maister Lues Stewart, advocat, befor the saidis lords, and thaireftir ordaines the saidis thrie volumes intitulat De Feudis as said is to be imprinted, and grants the sole priveledge for imprinting thairof to the said Maister Robert Craige, his airs and executors, to quhome ordaines the haill benefeit, commoditie and seall of the saidis volumes to perteine for the space of tuentie ane yeirs eftir the dait heirof; and ordaines nane of the saidis buikes to be imbrocht and sauld during the said space of tuentie ane yeirs bot be the said Maister Robert, his tollerance, wnder the paine of confiscatioun of the samyne to the use and behove of the said Maister Robert and his forsaids.
[1633/6/66]*[print] [email] [cite] [preceding] [following]
In the parliament haldine at Edinburgh, the tuentie aucht day of Junii, the yeir of God jM vjC threttie thrie yeirs, the quhilk day, anent the petitioun givin in and presentit to his majestie and estates of parliament convenit for the tyme be Williame Dowglas of Cavers shewing that he, knawing his majesties royall intentione to bring in to the crowne all heretable offices, hes had more deare wnto him then the expressioun of his loyall willingnes to give readie obedience to all his majesties royall commandements, and in particular to resigne in his majesties hands that heretable office of the shirefschip of Roxburgh possest be him and his predicessors thes many ages bygane, which readines he also witnessed in the tyme of his majesties father of happie memorie be offering to surrander in his royall hands the said heretable office for the soume of fourtie fyve thousand merkes Scottes money, which his majestie appointit to be givin to him for the said resignatioun, bot was never payit; and since it was not sutable to his majesties just and beauetifull dispositioun to tak frome any of his good subjects that quhairwnto they had richt be the lawes of the cuntrie authorized by possessioun of long discent without competent retrobutioun maid to thame for the same, thairfor humblie creaving that his majestie wald be gratiouslie pleased to declair that the extent of his majesties revocatioun sould not reache to the prejudice of the said petitioner and his successors in thair richt and possessioun of the said heretable office quhill first he wer payit and satisfied of the soumes of money abonewrittine aggreit upon betuix his majesties royall father of eternall memorie and him, and that his majestie wald ordaine act and instrument to be maid thairupon in the buikes of parliament, as the said supplicatioun mair fullie proports. Quhilk being hard, seine and considerit be his majestie and estates of parliament, they, eftir mature deliberatioun, decerne, statuit and ordaine the said Williame Dowglas, petitioner forsaid, and his airs and successors, to injoy, bruik and possess his said richt and office of heretable shirefschip abonewrittine within the said shirefdome of Roxburgh as he and his predicessors injoyed the same of befor, and that ay and quhill payment be maid to him or thame of the soume of tuentie thousand punds Scottes money conforme to ane act of counsall maid thairanent of the dait the thretteine day of Junii, the yeir of God jM vjC and tuentie yeirs.
[1633/6/67]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse, consent and assent of the thrie estates of parliament, for the good and trew service done to his majestie be Endimeone Porter, Sir James Palmer, knicht, Sir Harie Knolles, knicht, Sir Harie Hungate, knicht, Sir Umphra Stylles, knicht and baronett, Sir Johne Fairweill, Sir Philip Lauden, Sir Cornelius Pharmedoe, Sir Richard Young, knicht and baronett, Sir Francis Kenniestoun, Sir Richard Grahame, knicht and baronett, Sir Williame Sandersone, Sir Johne Barrough, Williame Leneue, York herauld, Rodger Feilding, Edward Sydenhame, Thomas Jermane, Thomas Carletoun, Hadriane Scroupe, Johne Cran, esquire, Nicolas Pae, esquire, Sir Richard Greine, Thomas Bray, Thomas Astoun, Robert Woode, Randolph Church, Williame Harvie, doctor of phisick to his majestie, Charles Smith, Johne Tychburne, Johne Tempell, George Theobalds, Thomas Mynne, knicht, harbinger, Williame Laik, Edmond Taverner, Harie Wrochten, [...] Evens, [...] Kellie, Hew Henne, Haward Biccarkstaff, Edward Dacaris, George Rodolph, [...] Wetekerline, Johne Throuchgood, Mathow Howland, Sir Jerveis Cliften, Edward Brane, Thomas Holmes, Sir Richard Tychburne, knicht and baronett, Robert Terwhite, Sir Arthure Capile, knicht, Vmphra Rodgers, Sir Thomas Eurling, Sir Sanders Duncombe, Sir Henrie Reive, Sir Richard Lethford, Williame Eyre, Thomas Hoptene, Davie Kirk, Francis Sydname, George Windhame, Johne Saltingstall, Johne Bocare, Thomas Fraser, Rodger Higis, Sir Williame Robiesone, Richard Musgrave, Francis Grahame, Nicolas Selvin, Thomas, earle of Cleveland, Williame Smysbie, Clement Kennetstie, Sir Thomas Alsburrie, knicht and baronett, maister of requeists, Johne Anstie, gentleman uschwer quarter waitter, Spenser, earle of Northamptoun, and Thomas Calwell, barbour to his majestie, thairfor naturalizes thame and ilkane of thame as native borne subjects of the realme of Scotland, als frielie in all respects as if they thameselffes had beine borne withine the samyne; and declairs thame and everie ane of thame to be capable of all and quhatsumever dignities, honors and offices within the kingdome of Scotland, and to have full libertie and friedome to buy and acquire and conqueis quhatsumever lands, heretages, anuelrents, houses, tenements and uthers quhatsumever goodes, moveable and wnmoveable, and to posses and injoy the same ather be successioun, conqueis or frie donatione or utherwayes howsoever, with full libertie and power also to thair airs male or female of lyn, conqueis or taillie, to succeid to all and quhatsumever thair lands and heretages, houses, tenements and uthers, thair goodes, moveable and wnmoveable, quhatsumever, with full power and libertie also to thame to mak thair testaments, latter willes and be the same to dispone upon quhatsumever goods and geir perteining to thame within this his majesties kingdome of Scotland, or quhich heirefter sall happin to perteine to thame, to name executors in thair said testaments, and to leive and dispone legacies to quhatsumever persone or persones of quhatsumever goods or geir perteining to thame, and to name tutors, ane or mae, to thair childreine and minors and to injoy, posses and use all and quhatsumever priveledges, immwnities and liberties competent or that may be competent to any native subject borne within this his majesties realme of Scotland.
[1633/6/68]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates of this present parliament, ratifies and approves the tua chartors of alienatione maid and grantit be umquhile James Halyburtoun of Essie to his hienes richt traist cowsigne and counsellour George, earle of Kinnowll, vicount of Dupline, lord Hay of Kinfawnes etc., lord high chancellar of this realme of Scotland, thairine designit Sir George Hay of Netherlyff, knicht, his airs male and assignais quhatsumever heretablie, the ane thairof that the said umquhile James Halyburtoun, his tuentie fourt pairt of all and sundrie the lands of Kincapill with the pertinents, sumtyme occupyit by Johne Mitchell, and als of all and haill the said umquhile James Halyburtoun his saxteine pairt of the saidis lands lyand one the west pairt of the towne thairof, sumtyme occupyit be David Forrester, as also of all and haill ane uther the said umquhile James Halyburtoun, his saxteine pairt of the same lands of Kincapill, sumtyme occupyit be Thomas Jonstoun, with houses, biggings, yairds, toftes, croftes and pertinents thairof, lyand within the regalitie of Sanctandrois and schirefdome of Fyffe wnder the reservatione thairin mentionat; and the uther of the saidis chartors of all and sundrie the saidis few fermes of the portiones eftirspecifiet of the said towne and lands of Kincapill, viz: the fewferme of that saxt pairt of the said towne and lands of Kincapill, sumtyme occupyit be Patrick Kinmonth of Calinsche, as also of the few ferme of ane thride pairt and nynt pairt of the saidis lands sumtyme occupyit be Patrick Dudingstoun, and of the few fermes of ane tuentie saxt pairt of the saidis lands occupyit be Andro Month, and of ane uther tuentie fourt pairt of the saidis lands and towne occupyit be David Forrester, and siclyk of the few fermes of ane tuentie fourt pairt of the saidis lands occupyit be David Broun, and the fewfermes of ane uther tuentie fourt of the saidis lands occupyit be [...] and thair subtennents, lyand within the regalitie of Sanctandrois and schirrefdome of Fyffe forsaids, extending in the haill yeirlie to the quantitie of victuall, silver and uthers dewties particularlie and generallie specifiet in the said chartor, togider with the office of bailliarie and jurisdictione of the saidis lands specifiet in the said chartor. Quhilks baith the chartors abonementionat ar grantit to be haldine of [...], archibischope of Sanctandrois and his successors Bischops of Sanctandrois, and ar baith daitit the tuentie tua day of October, jM vjC and tuelff yeirs, confirmeand the foresaids tua chartors of alienatione and sundrie uthers richts and secuirities thairin specifiet maid to the said umquhile James Halyburtoun and his predicessors of the lands and uthers forsaids. Quhilk chartor of confirmatione conteines ane new gift maid and grantit be the said umquhile George, bischop of Sanctandrois, with consent forsaid, to the said lord chancellor and his abonewrittine of the lands, fewfermes, office of bailliarie and uthers abonementionat to be haldine of the said Archbischop of Sanctandrois and his successors Bischops of Sanctandrois for the dewties thairinspecifiet, with the precepts of sasing thairin contenit and instruments of sasing following thairupon, with all uthers chartors, precepts, sasinges, actes of parliament and uthers richts and secuirities maid to the said lord chancellor and his authors and predicessors of or concerning the lands, fewfermes, office of bailliarie and uthers abonespecifiet, or any pairt thairof, in all and sundrie pointes, articles and clauses thairincontenit, eftir the formes and tennors thairof; and decernes, statuits and ordaines that this present confirmatione of the chartors and uthers secuirities abonespecifiet, with the precepts of sasings thairin contenit and instruments of sasing following thairupon, is and sall be als valide, effectual and sufficient as if the saidis haill chartors and instruments of sasing following thairupon wer at lenth and word be word insert and ingrost heirintill. And lykwayes his majestie, with advyse and consent forsaid, be thir presents finds, declairs, statuits and ordaines that the saidis chartors and sasings following thairupon and this present confirmatione thairof is, and sall be, sufficient, valide and lawfull richts and secuirities to the said lord chancellar and his abonewrittine for the peacible bruiking and joysing of the lands, fewfermes, office of bailliarie and uthers abonementionat at thair pleasure in tyme coming, notwithstanding of the want or losse of any ane or mae of the saidis wreattes and notwithstanding of all uthers impediments or objectiones that may be proponit or alledgit againes the said lord chancellor or his forsaids, ordaining thir presents to be ane sufficient warrant to the clerk of register and his deputtes to extract ane act of parliament heirupon in dew forme with all clausses neidfull.
[1633/6/69]*[print] [email] [cite] [preceding] [following]
The same day comperit the richt reverend father in God, Johne, archbischop of Sanctandrois, and protestit that the ratificatioun grantit in this present parliament to the richt honorable George, erle of Kinnowll, chancellour of Scotland, of his infeftment of Kincapill sall not prejudge the said Archbischop of Sanctandrois, nor his successors in thair richt that he or they hes or may have or pretend to the saidis lands of Kincapill. And thairupon the said Johne, archibischope of Sanctandrois askit instruments.
[1633/6/70]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of this present parliament, considering and finding that thair ar sundrie and divers ratificatiounes grantit be his majestie and the saidis estates in this present parliament in favours of sundrie noblemen, barones, burghes, royall burghes of regalitie and uthers his majesties subjects withine this kingdome of Scotland off the chartors, infeftments and uthers wreattes and secuirities grantit and maid to the saidis noblemen, barones, burghes, royall burghes of regalitie and uthers his majesties subjects forsaids and to thair predicessors and authors of thair lands, heretages, offices, priveledges, liberties and uthers contenit in thair saidis chartors, infeftments, wreattes and secuirities thairof; and that in the saidis chartors, infeftments and uthers wreatts and secuirities grantit to the forsaids persones and thairs abonewrittine, and ratifiet in this present parliament, thair ar or may be some speciall gifts and dispositiones or generall clauses conteining, or quhilks may seime to contein, dispositioun of the jurisdictiones, priveledges, immwnities, liberties, fies, casualities and uthers propperlie belonging and apperteining to the offices of admiralitie and chamberlanrie of this kingdome (whairin his majesties dearest cowseine and counsallour James, duike of Lennox, earle Darnelie etc., stands heretablie infeft as brother, sone and air to umquhile Lodovicke, duike of Lennox) or of the saidis offices thameselffes or some pairt thairof, and quhilks may be hurtfull and prejudiciall to his majesties said dearest cowsigne and counsallour James, duike of Lennox, his airs and successors anent the peacible bruiking, joising, using and exerceing of the saidis offices of admiralitie and chamberlanrie of this kingdome with the priveledges, immwnities, honors, and dignities belonging to the saidis offices and uplifting and intrometting with the fies, casualities, commodities and dewties of the samyne offices, and being nowayes willing that his majesties said dearest cowsigne and counsallor James, duike of Lennox and his forsaids be in any sort hurt or prejudgit anent the saidis offices of admiralitie and chamberlanrie of this kingdome or any pairt thairof or anent the priveledges, immwnities, honors and dignities belonging to the saidis offices or the frie using and exerceing of the saidis offices within the haill bounds of this kingdome or anent the uplifting and intrometting with the fies, casualities, commodities and dewties of the samyne offices or any pairt thairof, have declarit, statuit and ordanit, lykas our said soverane lord and estates forsaids be thir presents declair, statuit and ordaine that no ratificatioun past and grantit in this present parliament in favours of any noblemen, barones, burghes, royall burghes of regalitie or uther his majesties subjects quhatsumever, nor the chartors, infeftments, wreattes, secuirities, priveledgis and liberties respective ather generallie or speciallie mentionat and ratifiet in the saidis ratificationes, sall be in any sort hurtfull or prejudiciall to his majesties said dearest cowsigne and counsallour James, duke of Lennox and his forsaidis anent thair peacible bruiking, joysing, useing and exerceing of the saidis offices of admiralitie and chamberlanrie of this kingdome or any pairt thairof, or anent the priveledges, immwnities, honors and dignities belonging to the saidis offices, or the frie useing and exerceing of the saidis offices within the haill bounds of this kingdome, or anent the uplifting and intrometting with the fies, casualities, commodities and dewties belonging to the saidis offices respective or any pairt thairof, bot that notwithstanding of the saidis ratificationes and of the chartors, infeftments, priveledges, liberties, richts and secuirities respective, ather generallie or particularlie ratifiet and mentionat in the saidis ratificationes, his majesties said dearest cowsigne and counsallour James, duike of Lennox and his forsaidis sall bruik, joyse, use and exerce the saidis offices of admiralitie and chamberlanrie of this kingdome, with the priveledges, immwnities, honors and dignities thairto belonging, and uplift and intromett with the fies, casualities, commodities and dewties of the samyne offices siclyk and als frielie in all respects as if the ratificationes abonewrittine past and grantit in this present parliament and the chartors, infeftments, priveledges, liberties, richts and secuirities ather generallie or speciallie thairby ratifiet had never beine maid nor grantit. Lykas oure said soverane lord and estates forsaids ratifies and approves all chartors, infeftments, richts and secuirities quhatsumever maid and grantit be his hienes and his predicessors to the said James, duike of Lennox and his predicessors and authors of the saidis offices of admiralitie and chamberlanrie of this kingdome, with the priveledges, immwnities, honors, dignities, fies, casualities and commodities belonging to the saidis offices, in the haill haids, articles, conditiones, clausis and circumstances thairof, and ordaines this generall ratificatioun to be als valide, effectuall and sufficient as if the saidis chartors, infeftments, richts and secuirities wer speciallie insert heirintill word be word and ratifiet heirby in particular. And als wills, statuits and ordaines that the infeftments and secuirities grantit be his hienes and his predicessors to his said dearest cowsigne and counsallour James, duke of Lennox, his predicessors and authors of the saidis offices of admiralitie and chamberlanrie abonewrittine, with the priveledges and uthers abonementionat thairto belonging, sall be good, valide and sufficient richts to the said James, duke of Lennox, his airs and assignais contenit in the saidis infeftments and secuirities for bruiking, joysing, using and exerceing of the saidis offices with the priveledges and uthers abonewrittin thairto belonging, notwithstanding of any actes of parliament, lawes or practickes of this kingdome maid and sett downe or that may seame to be maid or sett downe in the contrair; anent the quhilks his majestie and estates of this present parliament hes dispensit and be thir presents dispenses for ever.
[1633/6/71]*[print] [email] [cite] [preceding] [following]
The same day comperit ane noble lord Johne, lord Lindsay, and protestit that no ratificatioun, act nor graunt past in this present parliament in favours of the Duke of Lennox, his grace, sould be in any sort prejudiciall to him in his office of admiralitie within the regalitie of Sanctandrois, quhilk the said Johne, lord Lindsay hes and halds of the archibischope of Sanctandrois, bot that the said office and haill richt thairof sall be expreslie reservit furth of the said ratificatione. And thairupon the said Johne, lord Lindsay, askit instruments.
[1633/6/72]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates of this present parliament, considering that forsameikle as umquhile James the Fourt, king of Scottes, had grantit infeftment wnder the great seale to umquhile James, lord Hamiltoun, foirgrandsir to his hienes richt traist cowsigne and counsallour James, now marques of Hamiltoun, erle of Arrane and Cambridge, lord Aven and Inverdaill etc., of the lands and earledome of Arrane, lyand within the shirefdome of Butte, of the dait the elevint day of August, jM vC and thrie yeirs, and siclyk his majesties umquhile darrest father, King James the Saxt, of worthie memorie, and oure said soverane lord, than prince and stewart of Scotland, had grantit infeftment wnder thair great seales of the dait the tuentie thride day of July, jM vjC tuentie ane yeirs, in favours of umquhile James, marques of Hamiltoun, earle of Arrane and Cambridge etc., father to the said James, now marques of Hamiltoun, of the saidis lands and earledome abonespecifiet, and siclyk, forsameikle as oure said soverane lordes umquhile darrest father had givin and grantit infeftment wnder his hienes great seale to umquhile James, earle of Arrane, uncle to the said umquhile James, marques of Hamiltoun, and his airs male thairincontenit, off all and sundrie the lands and baronie of Hamiltoun and of all and sundrie the lands and baronie of Machanschyre, lyand within the shirefdome of Lanerk, off the dait at Hamiltoun, the tuentie fourt day of Junii, jM vC fourscoir nyne yeirs, lykas his hienes said umquhile darrest father in the parliament haldin at Edinburgh upon the fourt day of August, jM vjC tuentie ane yeirs, with advyse and consent of the estates of the said parliament, not onlie ratifiet and approvit the forsaids infeftments respective abonespecifiet, bot also with advyse and consent of the saidis estates of parliament dissolvit the forsaids lands and earledome of Arrane fra his majesties crowne and patrimonie thairof, and fra the principalitie and fra all actes of annexatione maid be his hienes said umquhile darrest father or his predicessors quhairby the saidis lands and uthers forsaids or any pairt thairof wer annexit to his majesties crowne or to the principalitie, to the effect that his majestie micht give and dispone the samyne to the said umquhile James, marques of Hamiltoun, his airs male and assignais forsaidis heretablie. And siclyk his majesties said umquhile dearest father, conforme to the said act of parliament and dissolutione thairinspecifiet, grantit infeftment wnder his hienes great seale, of the dait at Roystoun, the tuentie ane day of October, anno jM vjC and tuentie tua yeirs, in favours of the said umquhile James, marques of Hamiltoune, of all and haill the saidis lands and earledome of Arrane; and inlykmaner, our said soverane lord grantit infeftment to the said James, now marques of Hamiltoun of the heretable office of justiciarie within the haill bounds of the said earledome of Arrane, sameikle thairof as perteines to the said James, now marques of Hamiltoun, lyand within the said shirefdome of Bute, and the lands of Saddell in Kintyre, lyand withine the shirefdome of Tarbett, with all and sundrie priveledges, immwnities, dignities, liberties, casualities, proffeittes and dewties perteining to the said heretable office of justiciarie within the bounds thairof forsaids, particularlie exprest in the chartor and infeftment maid and grantit be his majestie wnder his hienes great seale to Archibald, lord Lorne, of the said heretable office of justiciarie within the bounds thairincontenit, of the dait the sevinteine day of Apryll, jM vjC and tuentie aucht yeirs, quhilk infeftment grantit be his majestie to the said James, now marques of Hamiltoun, of the said heretable office of justiciarie within the bounds forsaids, is of the dait at Halyrudhous, the tuelff day of Junii jM vjC and tuentie nyne yeirs. And now calling to mynd the guid, trew and faithfull service done to his majestie and his hienes most noble progenitors be the said James, now marques of Hamiltoun and his predicessors, quhilk service his majestie and estates forsaidis, having tryed and fund profitable to his majesties realme and lieges and worthie of remuneratione, thairfor his majestie, with advyse and consent forsaid, ratifies, approves and perpetuallie confirmes the forsaids haill infeftments respective abonespecifiet of the saidis lands, earledome, baronies, justiciarie and uthers thairin contenit, with the precepts and instruments of sasing respective following thairupon, and als the forsaid act of parliament, ratificatioun, dissolutioun and uthers thairin contenit, togider with the said James, now marques of Hamiltoun, his service and retour quhairby he is servit air in the saidis lands, earledome, baronies and uthers forsaids to the said umquhile James, marques of Hamiltoun, his father, precepts and instruments of sasing following thairupon, in all and sundrie heads, articles, clausses and conditiones thairin contenit eftir the formes and tennors thairof, and statuits and ordaines this present ratificatioun and confirmatioun to be als valide, effectuall and sufficient in all respects as if the saidis infeftments respective abonespecifiet, with the precepts and instruments of sasing following upon the samyne and actes of parliament respective abonewrittine, wer at lenth, and word be word, insert and sett downe heirintill, quhairanent our said soverane lord and estates forsaids dispenses heirby for ever. Mairover, oure said soverane lord, with advyse and consent forsaid for the causses abonewrittine, findes, decernes, decreitts and delivers the forsaids infeftments, richts, titles and secuirities particularlie and generallie abonementionat, and haill grounds of the samyne, to be good, valide and effectuall richts be wertew quhaireof the said James, now marques of Hamiltoun, his airs male and successors may bruik, joyse and possess the forsaids lands, earldome, baronies, justiciarie and uthers quhatsomever contenit in the saidis infeftments and act of parliament abonementionat peaciblie without any questioun in all tyme coming, ordaining the clerk of register and his deputtes to extend ane act of parliament heirupon in forme as effeirs.
[1633/6/73]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with consent of the thrie estates of parliament, ratifies and approves the gift and letters patents grantit be his majestie wnder his great seale, with consent of his majesties thesaurar, comptroller and collector principall and deputt, and with consent of his majesties exchecker, in favours of his richt traist cowsigne and counsallour James, marques of Hamiltoun, erle of Arrane and Cambridge, his airs and assignais, of all and haill the customes and imposts of wynes for the space of saxteine yeirs eftir the first of August jM vjC threttie ane yeirs, as in the said gift of the dait at Quhythall, the tuentie fyft of Februar, jM vjC threttie ane yeirs at mair lenth is contenit, togider with ane uther gift and letters patents wnder his majesties great seale grantit be his majestie, with consent of the said thesaurar and comptroller principall and deputte and lords of exchecker, to the said Marques of Hamiltoun and his forsaidis, quhairby his majestie hes ratifiet and approvin the said former gift of the dait, tennor and contents forsaids, and als hes of new givin, grantit and disponit to the said marques and his forsaids all and haill the said custome and impost of wynes, alsweill auld as new, perteining and dew to his majestie at any tyme preceiding the dait of the said gift, and als all and haill that new impost of wyne ordainit to be uplifted fra the merchands of quhatsumever wynes imported withine this kingdome or exported without the same, and dew to be payit be the buik of rates, and that for the space of saxteine yeirs eftir his entrie thairto, quhilk is appointit to be and begine upon the first of August, jM vjC threttie ane yeirs; and siclyk hes maid and constituit the said marques and his forsaidis wndoubted assignais in and to the contract and appointment maid betuix his majesties richt traist cowsigne and counsallour Johne, earle of Marre, lord Erskeine and Gareache etc., his majesties thesaurar, comptroller and collector principall for the tyme, with advyse and consent of the lordes of his majesties exchecker one the ane pairt, and Williame Dick, merchand burges of Edinburgh, one the uther pairt, quhairby the said impost of wynes ar sett to the said Williame Dick for the space of fyve yeirs eftir his entrie, quhilk was upon the first of November, jM vjC tuentie nyne yeirs, for the yeirlie payment of the soume of ane hundreth and tuelff thousand merkes, and that in sua far as the samyne may be extendit to the terme of Lambes jM vjC threttie ane and of all uther termes to rin of the said tak, and hes givin and grantit to the said marques and his forsaidis, thair servants, factors and deputtes, full power, libertie and priveledge to exact and uplift the saidis imposts of wynes for the said space of saxteine yeirs als frielie and amplie as his majesties customers or takismen thairof was in use to doe of befor, and hes inhibited and dischargit all gifts and assignationes maid of the saidis imposts of wynes to quhatsumever persone or persones, lykas his majestie hes promeist in verbo principis to ratifie the said gift in the nixt parliament, and to dissolve the saidis impost of wynes frome his majesties crowne for the said space of saxteine yeirs to the effect the said marques may bruik the samyne during the said space, as in the said gift of the dait at Quhythall, the fyfteine of Marche jM vjC threttie ane yeirs, at mair lenth is contenit in the haill haides, clausses, and articles contenit in the saidis tua gifts or ather of thame; and willes and declaires that this present ratificatioun is, and sall be, als valide and effectuall to the said marques and his forsaidis as if the saidis gifts wer insert heirin word be word, quhairanent his majestie and estates dispenses for ever. Attour, forsameikle as his majestie, with consent of the estates, hes tryed and fund and, be thir presents, finds the reassones and causses of granting of the saidis gifts to the said marques to have beine and to be just and seine reassonable causses, tending to his majesties honor and publick good of the kingdome, thairfor his majestie and estates hes dissolved, and be thir presents dissolves, the saidis customes and imposts of wynes old and new contenit in the saidis tua gifts and ather of thame fra his majesties crowne, and fra all actes of annexatione quhairby the saidis imposts of wynes old and new and uthers contenit in the said gift was annexit to the crowne be his majestie or any of his majesties predicessors of happie memorie, to the effect the said marques and his forsaidis may peaciblie bruik and injoy the same for the space of saxteine yeirs contenit in the saidis giftes and according to the tennor thairof in all pointes, and als to the effect his majestie may of new gift and dispone to the said marques and his forsaidis the saidis customes and imposts of wyne old and new and uthers mentionat in the said gift with the haill richts, liberties and priveledges for uplifting thairof for the said space of saxteine yeirs, quhilk was and begane at the said feast of Lambes in the yeir of God, jM vjC threttie ane yeirs. And his majestie and estates forsaidis declairs all gifts, grants, assignationes and dispositiones of the saidis customes and impost of wynes and uthers abonespecifiet maid and grantit be his majestie or his majesties thesaurar, with consent of the exchecker, to quhatsumever persone or persones induring the said space of saxteine yeirs to be null and of nane availl, force nor effect be way of exceptioun or reply.
[1633/6/74]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of his majesties thrie estates of parliament, ordaines ane act of parliament to be maid ratifiand, approveand and, for his hienes and his successors, perpetuallie confirmand, lykas his majestie, with advyse and consent forsaid, be the tennor theirof, ratifies, approves and, for his hienes and successors, perpetuallie confirmes the chartor and appointment maid and past at Oatlanes and Halyrudhous respective, the auchteine day of July and tuentie sax day of August, the yeir of God, jM vjC threttie ane yeirs, betuix oure said soverane lord, the king's majestie, with advyse and consent of his majesties thesaurar principall and deputt for the kingdome of Scotland and of the remanent lords of his majesties secreit counsall and exchecker of the said kingdome one the ane pairt, and his majesties richt traist cowsigne Johne, earle of Sutherland, lord Strathnaver etc., one the uther pairt, quhairby the said Johne, earle of Sutherland surranderit in his majesties hands, and in favours of his hienes and his successors, ad perpetuam remanentiam, the heretable offices of shirefschip and crownerie of Sutherland, quhairin the said Johne, earle of Sutherlande stude infeft, togidder with the heretable richt of regalitie of Sutherland, quhairin also the said earle stoode heretablie infeft, for the quhilk, his majestie hes promitted to give to the said Johne, earle of Sutherland the soume of ane thousand pund sterling, lykas his majestie, be the said contract, hes of new erected the said cuntrie of Sutherland in ane frie shirefdome and hes addit thairto the lands and uthers eftir following, viz: the cuntries of Strathnaver, Assint and Fairintoscar, alias Sleischeles, with the haill bounds, lands, baronies, earledomes, lordschipes, watters, fischings, mylnes and uthers within the bounds limeit and mentionat in the said contract, and hes erected the saidis united lands and uthers forsaidis, togider with the said cuntrie of Sutherland, in ane haill, frie and distinct shirefdome be the selff to be callit in all tyme coming the shirefdome of Sutherland, to be governit be the shireffs and uthers officiars perteining to the jurisdictione of ane Shirefdome in all tyme coming. And quhairby his majestie ordanit the towne and burgh of Dornoche, laitlie erected in ane frie burgh royall, to be the head burgh of the said shireffdome of Sutherland and to injoy the haill liberties of ane frie burgh royall and uther liberties and priveledges mentionat in the said contract, and quhairby his majestie gave power to the frie barounes and uthers inhabitants within the said shirefdome of Sutherland in all tyme coming to elect and choyse thair awin commissioners for the said shirefdome to compeir at all parliaments, meittings and general conventiones within this kingdome at all occasiounes requisit, and they to have vote thairin, siclyk and als frilie as any uther commissioners of any uther frie shirefdome within this kingdome, and quhairby his majestie wnto the tyme the said soume of ane thousand punds sterling be payit to the said Johne, earle of Sutherland, his majestie, with consent forsaid, wodsett and impignorat to the said Johne, earle of Sutherland, his airs male and assignais quhatsumever, all and haill the richt of regalitie of all and haill the said earldome of Sutherland and offices of shirefschip and crownarie of the said shirefdome of Sutherland within the haill bounds and limeitts of the samyne mentionat in the said contract, with all and sundrie fies, priveledges, jurisdictiones, immwnities, casualities and dewties perteining and belonging to the saidis richts and offices of regalitie, shirefschip and crownerie to be haldin of his majestie and his successors for payment of the blensche dewtie and wnder reversione be payment of the said soume of ane thousand pund sterling in maner at lenth mentionat and contenit in the forsaid contract, and als ratifiand, approvand and confirmeand the chartor, infeftment and seasing following upon the said contract grantit to the said Johne, earle of Sutherland, his airs male and assignais forsaidis thairupon in the haill heads, articles, clauses and circumstances. And his majestie, with advyse and consent forsaid of his majesties thrie estates of parliament, hes of new erected the said cuntrie of Sutherland, togider with the saidis united lands and uthers forsaidis, and the cuntries of Strathnaver, Assint and Fairinetoscar within the haill bounds and limeitts exprest in the forsaid contract, in ane frie distinct shirefdome, and declairs the said burgh of Dornoch, quhilk is erected in ane frie burgh royall as said is, to be the head burgh of the said shirefdome, and declairs the said towne and burgh of Dornoche to be ane frie burgh royall and to bruik the haill liberties and priveledges of ane frie burgh royall in all tyme coming, and wills and declairs that the said burgh of Dornoche sall direct thair awin commissioners with uther frie borrowes to all generall conventiones and meittings of borrowes, and sall be obleist to stent and taxt with uther frie borrowes, and to beir proportionable burdeine with thame in all burdeines as ane frie burgh royall in all tyme coming. And wills and grants, and for his hienes and his successors, decernes and ordaines this present confirmatione to be of als great availl, force and effect to the said Johne, earle of Sutherland, his airs male and assignais forsaidis and uthers having entreis thairto, as if the forsaid contract and chartor, infeftment and seasing following thairupon wer, word be word, insert heirin, anent the quhilkes and with all defects that may fallow thairupon his majestie, with advyse and consent forsaid of his hienes thrie estates of parliament, hes dispensit and be thir presents dispenses for ever. And his majestie, with advyse and consent forsaid, ordaines thir presents to be ane sufficient warrand to the clerk of register for inserting of the said act of ratificatioun of the forsaidis wreatts, richts and securities and priveledges contenit thairin with the rest of the actes of parliament to be maid and sett downe in this nixt parliament to be haldin within the kingdome of Scotland.
[1633/6/75]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of this present parliament have ratifiet and approvine and confirmit and, be the tennor heirof, ratifies, approves and confirmes the chartors and infeftments respective wnderwrittine, with the precepts and instruments of sasing respective following thairupon, viz: ane chartor and infeftment maid and grantit be his majesties umquhile darrest father, King James of happie and blissed memorie, wnder the great seale to his hienes traist cowsigne and counsallor umquhile George, earle Marschall, lord Keith etc., his airs male and assignais thairin specifiet, off all and haill the lands, lordschip and baronie of Inverugie, comprehending the lands, baronies, office of marschallrie and uthers offices, castells, towres, fortalices, mylnes, woodes, fischings, parks, forrests, tennents, tennendries and service of frie tennents and others respective, particularlie and generallie exprest and sett downe in the said chartor, and unit, annexit, creatt and incorporat in the said lordschip and baronie, all lyand be annexatione within the schirrefdome of Bamff, and als of all and haill the lands, lordschip and baronie of Dunnoter, comprehending thairin the lands, baronies, offices, castells, toures, fortalices, mylnes, woodes, fischings and uthers respective, particularlie and generallie exprest and sett downe in the samyne chartor, all lyand be annexatione within the schirrefdome of Kincairdin, quhilk chartor is of the dait the fyft day of August, jM vC fourscoir and sevine yeirs, with the precept and instrument of sasing fellowing thairupon. Item, ane other chartor and infeftment maid and grantit be his majesties said umquhile darrest father wnder his hienes great seale to the said umquhile George, earle Marschall, lord Keith etc., in lyfrent during all the dayes of his lyftyme, and to his hienes traist cowsigne and counsallour Williame, now earle Marschall, lord Keith and Altrie etc., designit thairine Williame Keith, eldest lawfull sone to the said umquhile George, earle Marschall, and to his airs male and of tailyie and assignais thairin specifiet in fie heretablie, off all and sundrie the saidis lands, lordschips and baronies of Inverugie and Dunnotar, comprehending the lands, baronies, offices, castells, toures, fortalices and uthers particularlie and generallie exprest and sett downe in the said chartor, quhilk is of the dait the tuentie saxt day of September, the yeir of God jM vC fourscoir and tuelff yeirs, with the precept and instrument of sasing following thairupon. Item, ane chartor and infeftment maid and grantit be his majesties said umquhile darrest father wnder the great seale to his majesties said traist cowsigne and counsallor Williame, now earle Marschall, designit thairin Williame, lord Keith, maister of Marschall, his airs male and of tailyie and assignais thairin specifiet, of all and sundrie the saidis lands, lordschipes and baronies of Inverugie and Dunnotar, comprehending the lands, baronies and uthers exprest and sett downe in the said chartor, quhilk is of the dait the tuentie ane day of October, the yeir of God jM vjC and tuelff yeirs, with the precepts and instruments of sasing following thairupon. And with ane act maid be our soverane lord, with advyse of his majesties secreit counsall betuix Williame, earle of Errole, high constable of this kingdome one the ane pairt, and the said Williame, earle Marschall, one the other pairt, anent the priveledges, liberties and extent of thair offices respective in guarding of the parliament hous during the sitting of the parliament in maner specifiet in the said act, quhilk is of the dait the sevinteine day of Junii instant, in the haill heads, articles, clausses, circumstances and conditiones thairof, and wills, grants and declairs that this present generall ratificatioun and approbatioun of the saidis thrie chartors, precepts, instruments of sasing and act respective is and sall be als valide, effectuall and sufficient to the said Williame, earle Marschall, his airs male and of tailyie and assignais thairin specifiet, as if the samyne thrie chartors, infeftments, precepts and instruments of sasing following thairupon and act respective and everie ane of thame wer at lenth word be word ingrost and sett downe heirintill; quhairanent his majestie and estates forsaidis have dispensit and be thir presents dispenses for ever.
[1633/6/76]*[print] [email] [cite] [preceding] [following]
The same day comperit ane reverend father in God Johne, bischope of Murray, and protestit that the forsaid ratificatioun grantit in favours of the said Earle Marschall sall nowayes be prejudiciall to him nor his successors anent the richt of patronage of the kirk of [...]. And thairupon the said Johne, bischope of Murray askit instruments.
[1633/6/77]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates of parliament now presentlie convenit, ratifies and approves and, for his hienes and his successors, perpetuallie confirmes the decreit of reductione and declarator eftirmentionat thairincontenit, givin and pronuncit be the lords of counsall and sessioun upon the tuentie fyft day of July, the yeir of God jM vC tuentie aucht yeirs, at the instance of umquhile Dame Marie Dowglas, countes of Buchan, air immediatlie be progres to umquhile James, earle of Buchane, lord Auchterhous, hir foirgrandsirs guidsir, and at the instance of his hienes richt traist cowsigne James, earle of Buchane, lord Auchterhous, hir spous, quha is heretablie infeft in the earledome of Buchane, haill lands, lordschipes and baronies perteining thairto, with the honors, dignities, titles and priveledges of the samyne upon the resignatione of the said umquhile Dame Marie Dowglas, countes of Buchane, his spous, againes Alexander, earle of Eglingtoun, lord Montgomerie, James, earle of Montrois, lord Grahame of Muckdock, Johne, earle of Cassilles, lord Kennedie, George, earle of Caithnes, lord Sinclair, Williame, lord Sinclair of Berriedaill, his eldest sone and appearand air, umquhile James earle of Glencairne, lord Kilmawers, and Williame, lord Kilmawers, his eldest sone and appearand air, quhairby the said lords of counsall and sessioun, for the causes contenit in the said decreit, have reducit, retreatit and rescindit the pretendit decreit givin and pronuncit be his majesties umquhile darrest father, King James the Saxt of worthie and eternall memorie, his commissioners for the tyme, anent the placeing and ranking of the nobilitie of this his hienes kingdome of the dait the fyft day of Marche, the yeir of God jM vjC and sax yeirs, be the quhilk the saidis Alexander, earle of Eglingtoun, James, earle of Montrois, Johne, earle of Cassilles, George, earle of Caithnes, Williame, lord Sinclair of Berradaill, his sone, umquhile James, earle of Glencairne, and Williame, lord Kilmaweris, his sone, and thair predecessors hes allottit wnto thame the precedencie and prioritie in place and dignitie befor the said umquhile Dame Marie Dowglas, countes of Buchane, and his hienes said richt traist cowsigne James, earle of Buchane, hir spous, togither with all and quhatsumever chartors, infeftments, wreatts, evidents, creatioun of dignities and uthers testimonies and documents quhatsumever maid and grantit be our said soverane lord or his hienes predicessors kings and queines of Scotland to the forsaidis persones abonenamit, thair fathers, guidsirs, grandsirs, foirgrandsirs or any uthers thair predicessors of the father or mother syide, to quhome they have succeidit or may succeid jure sanguinis, or conceavit or introduicit in thair favours, quhairby they or any of thame clames or may clame the place, prioritie and precedencie of rank or dignitie befor his hienes said richt traist cowsigne James, earle of Buchane and the said umquhile Dame Marie Dowglas, countes of Buchane, his spous, of quhatsumever dait, tenor or contents the samyne be of; and hes decernit and declarit the samyne to have beine from the begining, to be now and in all tyme coming null and of nane availl, force nor effect with all that hes followit or may follow thairupon, in sua far as the samyne or any of thame may prejudge his hienes said richt traist cowsigne James, earle of Buchane and the said umquhile Dame Marie Dowglas, countes of Buchane, his spous, in thair richt title and dignitie of the said earledome of Buchane. And quhairby the saidis lords hes fund and declarit that notwithstanding thairof the saidis umquhile Dame Marie Dowglas, countes of Buchane, and his hienes said richt traist cowsigne James, earle of Buchane, hir spous, and thair successors in the earledome of Buchane had, and hes, good richt to the place, prioritie and precedencie in parliaments, generall counsalls and uther meittings and conventiones quhatsumever befor the saidis Alexander, earle of Eglingtoun, James, earle of Montrois, Johne erle of Cassilles, George, earle of Caithnes, Williame, lord Sinclair of Berradaill, his sone, umquhile James, earle of Glencairne, and Williame, lord Kilmawers, his sone, thair airs and successors, as the said decreit of reductioun and declarator of precedencie abonespecifiet thairin contenit of the dait forsaid at mair lenth beirs in all and sundrie the heads, pointes, clauses, articles, circumstances and conditiones thairincontenit, and eftir the forme and tennor thairof in all pointes, lykas oure said soverane lord, with advyse and consent of the saidis estates of this present parliament, willes and grants, and for his hienes and his successors perpetuallie decernes and ordaines that this present ratificatioun of the said decreit of reductioun and declarator of precedencie is and sall be als valide, sufficient and effectuall to his hienes said richt traist cowsigne James, earle of Buchane and his airs and successors in the said earledome of Buchane as if the samyne decreit had beine heirin at lenth de verbo in verbum, speciallie and particularlie, insert and contenit; quhairanent oure said soverane lord, with advyse and consent forsaid, for his hienes and his successors, hes dispensit and be thir presents dispenses for ever.
[1633/6/78]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates of parliament now presentlie convenit, ratifies and approves and, for his hienes and his successors, perpetuallie confirmes the chartor and infeftment grantit be his majestie, with consent of his hienes principall thesaurer, collector and comptroller of this kingdome of Scotland and of his majesties thesaurer deputt in the saidis offices for the tyme and of the remanent lords, his hienes commissioners of the said kingdome, wnder his majesties great seale, to his hienes richt traist cowsigne James, earle of Buchane, lord Auchterhous, and umquhile Dame Marie Dowglas, countes of Buchane, his spous, and to the longest leivar of thame tua, in lyfrent for all the dayes of thair lyftymes, and to his hienes traist cowsigne James, lord Auchterhous, thair lawfull sone, in fie, and to his airs male lawfullie to be procreat of his bodie, quhilkes failyeing, to returne to his hienes said richt traist cowsigne James, earle of Buchane and the airs male than lawfullie procreat, or to have beine procreat, betuix him and the said umquhile Dame Marie Dowglas, countes of Buchane, his spous, quhilks also failyeing, to the neirest and lawfull airs maill and assignais quhatsumever of the said James, earle of Buchane heretablie wnder the speciall conditiones and with the particular reservationes, restrictiones and provisiones resepctive mentionat in the said chartor, off all and haill the lands and earledome of Buchane, with the haill honors, dignities, titles and priveledges perteining thairto, comprehending also in the samyne the particular lordschipes, baronies, annuelrents and uthers respective and speciallie eftirmentionat quhilks ar all propper pairts and pendicles of the said earledome of Buchane, viz: all and sundrie the lands and earledome of Buchane, with castells, tours, fortalices, wodes, mylnes, multures, fischings, tennents, tennandries, service of frie tennents, advocationes and donationes of kirkes, benefices and chaiplanries, and all thair pairts, pendicles and pertinents quhatsumever; all and haill the lands and baronie of the thaindome of Glendowachie, with wodes, mylnes, multures, fischings, toures, fortalices, maner places, tennents, tennandries and service of frie tennents of the samyne, and all thair pairts, pendicles and pertinents; all and haill the castell of Bamff with the hill and yairds of the samyne, togidder with the office of crownerschip within the shirefdome of Bamff, salmond fischings upon the water of Doverane callit the Thaines Nett, with the assyse, lax and salmond fischings in the sea callit the Craigschott besyde Downe, with all and sundrie uthers salmond fischings, alsweill in salt as fresch water, upon the said water of Doverane, and throw all the pairts one baith the sydes of the samyne, with power and libertie of upbigging and uphalding of scheilles and of drawing, spredding and drying of netts one everie syde of the said water, as also of taking of fishes, alsweill salmond as uther fishes, at all tymes and occasiones, be netts, boates and be all uther instruments and ingynes not prohibited nor forbiddine be the lawes and practique of this realme; all and haill the lands and baronie of Montblarie, with toures, fortalices, wodes, mylnes, mylnelands, multures, fischings, tennents, tennandries, service of frie tennents, salmond fischings of the samyne and all thair priveledges in the said water of Doverne; all and haill the lands of Rylands, with mylne, mylnelands, multures and pertinents of the samyne; the lands of Culbirnay and Inchedrevat; the lands of Tullochy, with the mylne, mylnelands, multures and crofts of the samyne, with the pendicles of the saidis lands callit Ovirtulloche, Haggeschield and Scheardly, with all uthers, thair pairts and pendicles alsweill not namit as namit; all and haill the lands of Todlaw with the pertinents and salmond fischings of the samyne; all and haill the lands of Quhytfield with the pertinents; all and haill the towne and lands of Boig, Smeddietowne, Bredmyre, with the salmond fischings of the samyne in the said water of Doverane and thair pertinents; all and haill the lands of Blaktoune, Hairwodhill, Overdewchries and Petgaries with all thair pairts, pendicles and pertinents; all and haill the towne and lands of Scottistoun, Netherdewchries and Brumesyde with all thair pairts, pendicles and pertinents; all and haill the lands of Auchinbadie with the mylne, mylnelands, multurs, salmond fischings and pertinents of the samyne; all and haill the lands of Staneley, Balgray and Knoknie with the pertinents; all and haill the lands of Fortrie and Glenhouses with the mylne, mylnelands, multures and pertinents of the samyne; all and haill the lands of Mwnnony and Draidland with the mylne, mylnelands, multures and pertinents of the samyne; all and haill the lands of Kinbeame with the pertinents; all and haill the towne and lands of Auchmeddin, Glencuthill, Lemness and Tollie with the mylne, mylnelands, multures, sequells and tua fish boattes, and all priveledges and pertinents of the samyne; all and haill the lands of Pitnacalder and Inchebrek with the pertinents; all and haill the towne and lands of Litle Byith, Claverie Fauldis and Litle Balmakellie, with toftes, croftes, outsetts and thair pertinents; all and haill the lands of Melros with the mylne of the samyne, mylnelands, multures, fischings, pairts, pendicles and pertinents thairof; all and haill the towne and lands of Collane and Silverfurde, with the mylne, mylnelands, multures, fischings, liberties, priveledges, pairts, pendicles and pertinents of the samyne quhatsumever; all and haill the towne and lands of Jackiestoun, Hungriehill, Moniebleatoun, Bruntyeards, Meikle et [...] Dyehill, Myrehous, Auldailhous et Bairnehill with all thair toftes, croftes, outsetts, mylnes, multures, fischings, pairts, pendicles and pertinents of the samyne; all and haill the lands of Gelliehill with the mylne callit Gelliemylne, mylnelands, multurs and sequells of the same; the lands of Tarlair and Gelliemure, with all thair toftes, croftes, pairts, pendicles and pertinents of the samyne; all and haill the towne and lands of Down with all tenements, houses, yairdes, biggings, akers, particattes and croftes of the samyne within the territorie and limeitts thairof with all thair liberties and priveledges and with all fischings, alsweill salmond as quhyt fischings, and all fisch boattes within the towne of Down alsweill being within the samyne as quhilks sall happin to be within the samyne in any tyme coming, with all customes and priveledges thairof; and with all mylnes, mylnelands, multures, annexis, connexis, toftes, croftes, outsetts, sands, cwningares, pairts, pendicles and pertinents quhatsumever; all and haill the lands of Newtoun of Montblarie, mylne of the samyne, mylnelands, multures, sequells, toftes, croftes, outsetts, pairts, pendicles and all thair pertinents; all and haill the lands and baronie of Glencuthill with the toure, fortalice, maner place, wode, mylnes, multures, fischings, tennents, tennandries and service of frie tennents, pairts, pendicles and pertinents of the samyne quhatsumever; all and haill the lands of Balmakellies, lands of Fetterletter and Lethintie, lands of Saltcoittes, lands of Goveny, Inchebrek, Litle Methlek, with the corne and wak mylnes of the samyne, mylnelands, multurs, sequells, annexis, connexis, toftes, croftes, pairts, pendicles and pertinents of the samyne; all and haill the lands of Balmedie with the hill callit Erlischilloch and lands of Carnetralyeane with the mylne of the samyne, mylnelands, multures, sequells, toftes, croftes, pairtes, pendicles and all thair pertinents; all and haill the lands of Bildistoun with the salmond fischings of the samyne in the Watter of Dowe and all thair pairts, pendicles and pertinents; all and haill the lands of Allachin and Nethir Ardmoir, with the mylne, mylnelands, multures, annexis, connexis, toftes, croftes, outsetts, pairts, pendicles and all thair pertinents; all and haill the lands and baronie of Grandoun with the toure, fortalice, wodes, fischings, mylnes, annexes, connexis, tennents, tennendries and service of frie tennents, pairts, pendicles and pertinents of the samyne quhatsumever; all and haill the lands of Preslay with the walkmylne of the samyn and thair pertinents; all and haill the lands of Auchmull and Crabistoun with the pertinents; all and haill the lands and baronie of Cancress comounlie callit Sincress within the parochyne of Kinedvard with all and sundrie maner places, toures, fortalices, mylnes, multures, wodes, fischings, toftes, croftes, outsetts, annexis, connexis, tennents, tennandries and service of frie tennents, pairtes, pendicles and pertinents of the samyne quhatsumever; all and haill the lands of Glasgo Forrest and Glasgo Ego, with the wodes, mylnes, multures, fischings, tennents, tennandries, service of frie tennents, pairts, pendicles and pertinents of the samyne; all and haill ane yeirlie anuelrent of thrie punds Scottes money yeirlie to be uplifted and tane at tua termes in the yeir Whitsunday and Mertimes in winter be equall portiones furth of all and haill the lands of Kintor with the pertinents; all and haill the lands and baronie of Auchterhous, with castells, maner places, toures, fortalices, mylnes, multurs, wodes, fischings, tennents, tennandries and service of frie tennents, pairts, pendicles and pertinents, with the pendicles thairof respective following, viz: Haltoun of Auchterhous Loche, lands of Eistfield, lands of Cottoun, mylne of Auchterhous, lands of Burne, head maynes of Auchterhous, lands of Bonytoun, with all thair houses, biggings, toftes, croftes and pertinents quhilkes ar propper pairts and pendicles of the lands and baronie of Auchterhous, and with all and sundrie annexis, connexis, pairts, pendicles and pertinents of the said baronie alsweill not namit as namit; all and haill the lands of Wester Keith with the maner place, houses, biggings, mylnes, multures, wodes, fischings, annexis, connexis, tennents, tennandries, service of frie tennents, pairts, pendicles and pertinents of the samyne; all and haill the lands and baronie of Eissie, with the maner place, tower, fortalice, mylnes, multures, wodes, fischings, annexis, connexis, tennents, tennendries, service of frie tennents and pertinents of the samyne quhatsumever, with the lands of Glenquharities and Halcartoun, lands of Casteltoun, Inglestoun, Dearlandis and brewlands of Eissie, lands of Baldewgo and new mylne of Eissie, quhilks ar all propper pairts and pendicles of the saidis lands and baronie of Eissie, and with all and sundrie uthers annexis, connexis, pairts, pendicles and pertinents of the saidis lands and baronie alsweill not namit as namit; all and haill the lands and baronie of Nevay with the maner place, toure, fortalice, mylnes, multures, wodes, fischings and all uthers lands alsweill upon the south as north pairts of the burne of Nevay, with all and sundrie toftes, croftes, outsetts, annexis, connexis, tenents, tennendries, service of frie tennents, pairts and pendicles of the said baronie of Nevay quhatsumever; all and haill the lands and baronie of Kethins and Petdownie and lands callit the Broddie Lands and Eister Kittoun with the pertinents quhilks ar propper pairts and pendicles of the saidis lands of Kettines and Petdowny, with the mylnes, multures, wodes, fischings, annexis, connexis, tennents, tennendries, service of frie tennents, pairts, pendicles and pertinents of the samyne quhatsumever and with all and sundry annexis, connexis, pairts, pendicles and pertinents of the saidis lands of Kettines and Petdowny alsweill not namit as namit; all and sundrie the lands and baronie of Kinyaltie with the maner place, toure and fortalice of the samyne, and with the maner place of Queich, housis, biggings, tofts, crofts, mylnes, multures, wodes, fischings, annexis, connexis, tennents, tennendries, service of frie tennents, pairts, pendicles and pertinents of the samyne quhatsumever, and with the pendicles of the samyne respective following, viz: the lands of Nethir Kinyaltie, mylne of Kinyaltie, mylnelands and multures of the samyne lands of Cossakes, Shirresbank, Auchleische, Tursauch, with the salmond fischings and cwnyngars of the samyne lands of Torrie lands and Inschevin and lands of Sheinhill with all thair houses, biggings, toftes, croftes, outsetts and pertinents, quhilkes ar propper pairts and pendicles of the saidis lands and baronie of Kinyaltie, and all and sundrie uthers annexis, connexis, pairts and pendicles of the said baronie alsweill not namit as namit, all lyand within the shirefdomes of Abirdeine, Bamff and Forfar respective, with the burgh of baronie of Down and all liberties and priveledges perteining thairto, and with the haill houses, biggings, aikers, lands infeild and outfeild and all thair pertinents, with all and sundrie anuelrents quhairine his hienes richt traist cowsigne and counsallour Johne, earle of Marre and Marie, countes of Marre, his spous, (upon quhais resignatioun the said chartor and infeftment proceids) stands infeft and seasit, to be liftit and uptakine furth of the said earledome, lordschip, baronies, lands and uthers aboneexprest, and with all and sundrie castells, toures, fortalices, maner places, housis, biggings, orcheards, yairds, dowcatts, stanks, loches, medowes, mwirs, moses, wodes, forrests, parks, fischings, mylnes, mylnelands, multurs, tennents, tennandries, service of frie tennents, pairts and pendicles of the foirnamit haill lands, earledome, lordschipes, baronies and uthers respective aboneexprest lyand respective as said is; and inlykmaner of all and haill the advocatioun, donatioun and richt of patronage of the kirk and parochine of Auchterhous, alsweill personage as viccarage of the samyne, with all proffeitts perteining thairto lyand within the shirefdome of Forfar, togider with the new gift and dispositioun contenit in the said infeftment, quhairby oure said soverane lord hes of new givin, grantit and disponit to his hienes richt traist cowsigne James, earle of Buchane and to the said umquhile Dame Marie Dowglas, countes of Buchane, his spous, and to the langest leivar of thame tua in lyfrent during all the dayes of thair lyftymes, and to his hienes said traist cowsigne James, lord Auchterhous, thair sone, and the airs male lawfullie to be procreat of his awin bodie in fie, quhilks failyeing, to returne to his hienes said richt traist cowsigne James, earle of Buchane, his airs male and assignais forsaidis wnder the speciall conditiones and with the restrictiones, reservationes and provisiones respective at lenth mentionat and contenit in the said chartor; all and haill the lands and patrimonie of the said earledome of Buchane abonementionat, comprehending in the samyne the foirnamit haill lordschipes, baronies, lands, castells, toures, fortalices, maner places, office of crownerschip, burgh of baronie, mylnes, mylnelands, multurs, wodes, fischings and uthers respective and particularlie abonewrittine, all lyand as said is, togider with the said advocatioun, donatioun and richt of patronage of the said kirk and parochine of Auchterhous, alsweill personage as viccarage of the samyne, with all proffeits and commodities belonging thairto, with all richt, title, entreis, clame of richt, propertie and possessioun, quhilks his hienes, his predicessors or successors had hes or any wayes may have or clame, to the saidis lands and earledome of Buchane, lordschips, lands, baronies and uthers respective and particularlie aboneexprest; or to any peice, pendicle or portioun of the samyne, or to the mailles, fermes, kaynes, customes, casualities, proffeittes and dewties of the samyne of quhatsumever yeirs or termes bygane or to come, be reassoun of waird, releiff, nonentries, escheit, forfaltour, recognitioun, purprusioun, disclamatioun, bastardie, lyfrent apprysing, reductioun of infeftments, sasings and retoures or annulling of the samyne; or for quhatsumever uther caus, fact, dead or occasione bygaine preceiding the dait of the said chartor, quhairby his hienes hes renuncit and overgiven the samyne, with all actioun, instance and executioun thairof, in favours of his hienes said richt traist cowsigne James, earle of Buchane and of the said James, lord Auchterhous, his sone, and thair forsaidis for evir cum pacto de non petendo, and with suppliement of all faults, defects, objectiones and imperfectiones quhatsumever alsweill not namit as namit quhilks his hienes hes hauldin as for exprest in the said chartor, togider also with the new erectioun contenit in the said chartor and infeftment, quhairby oure said soverane lord hes of new unite, erected, creatt, annexit and incorporat all and sundrie the forsaidis lands of the patrimonie of the said earledome of Buchane, with the haill particular lordschipes, baronies, lands, castells, toures, fortalices, maner places, office of crownerschip, mylnes, mylnelands, multures, wodes, fischings, and uthers respective and particularlie abonementionat, with thair haill pertinents in ane haill and frie earledome, with the haill honors, titles, dignities, preheminences, priveledges, proffeitts and casualities quhatsumever to be callit now and in all tyme coming the earledome of Buchane; to the quhilk earledome thair is unite be the said infeftment the said advocatioun, donatioun and richt of patronage of the said kirk and parochine of Auchterhous, personage and viccarage thairof, ordaining be the said infeftment the said castell of Bamff to be the principall messuage of the said earledome with ane dispensatioun thairincontenit for taking of sasing at the said castell of Bamffe, and that sasing takin and to be takin thairat in all tyme coming sall be ane sufficient sasing for the said haill earledome of Buchane and for the haill particular lands, lordschipes, baronies, castells, toures, fortalices, mylnes, wodes, fischings, annuelrents and uthers respective and particularlie abonementionat, and that notwithstanding the samyne ly in divers shirefdomes and parochines far distant frome uthers, quhairanent and with all uthers defects and objectiones quhilkes may be proponit or alledgit in the contrair, oure said soverane lord for his hienes and his successors be the said infeftment hes dispensit for ever, all to be hauldin of oure said soverane lord and his hienes successors in fie and heretage for ever for service of ward and releiff as in the said chairtor and infeftment of the dait at Edinburgh, the tuentie fyft day of November, the yeir of God jM vjC tuentie fyve yeirs, at mair lenth is contenit, togidder lykwayes with the precept of seasing direct furth of his hienes chancellarie wnder his majesties quarter seale upon the said chartor and infeftment of the dait the said tuentie fyft day of November, the yeir of God forsaid, togider with the instrument of sasing following thairupon off the dait the [...] day of [...], the yeir of God jM vjC tuentie and [...] yeirs, in all and sundrie the heades, pointes, clauses, articles, circumstances and conditiones of the saidis chartor and infeftment, precept and instrument of sasing following thairupon and eftir the formes and tenors thairof in all pointes wnder the speciall conditiones and with the particular reservationes, restrictiones and provisiones respective at lenth mentionat and contenit in the said chartor and infeftment allanerlie, and na utherwayes. Lykas oure said soverane lord, with advyse and consent of the saidis estates of this present parliament, wills and grants, and for his hienes and his successors perpetuallie decernes and ordaines that this present ratificatioun is, and sall be, als valide, sufficient and effectuall to his hienes said richt traist cowsigne James, earle of Buchane and to his hienes said traist cowsigne James, lord Auchterhous, his sone, and thair forsaidis, as if the said chartor and infeftment with the saidis precept of sasing and instrument of sasing following thairupon war heirin at lenth de verbo in verbum speciallie and particularlie insert and contenit; quhairanent oure said soverane lord, with advyse and consent forsaid, for his hienes and his successors, hes dispensit and be thir presents dispenses for ever.
[1633/6/79]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates of this realme convenit togider in parliament, hes ratifiet and approvin and, be thir presents, ratifies and approves ane chartor maid and grantit be his majesties umquhile darrest father of eternall memorie to and in favours of his hienes richt traist cowsigne and counsallour Alexander, earle of Galloway, lord Stewart of Garleis, of the dait the sevinteine day of July jM vC tuentie thrie yeirs, off all and sundrie the lands and baronie of Corsewell, with castell, toure, fortalice, maner place, houses, biggings, yeards, orcheards, mylnes, multors, wodes, fischings, tennents, tennendries, service of frie tennents, haill pairts, pendicles and pertinents of the samyne lyand within the parochine of Kirkcum, personage and viccarage thairof, with libertie of frie burgh of baronie callit the burgh of Stewartoun, liberties and priveledges thairof, unite and annexit to the said baronie, and with libertie to the airs of the said earle to enter to the saidis lands, baronie and uthers contenit in the said chartor the tyme of thair minoritie, as in the said chartor at mair lenth is contenit, togider with the precept and instrument of sasing following thairupon and haill richts quhairupon the samyne proceidit, togider also with ane uther chartor maid and grantit be his majesties said umquhile darrest father to, and in favours of, the said Earle of Galloway, designit thairintillay of Alexander, lord Stewart of Gairleis, his airs male and assignais quhatsumever, off all and haill the lands of Grennane, extending to tuentie ane merk land of auld extent, with maner place, houses, biggings, yairds, orcheards, mylnes, mylnelands, multors and sequells thairof, with tennents, tennandries, service of frie tennents, annexis, connexis, parts, pendicles and pertinents thairof quhatsumever, lyand within the parochine of Dalry and stewartrie of Kirkcubricht, as in the said chartor of the dait the tuentie aucht day of July, jM vC and fourteine yeirs at lenth is contenit, togider with the precept and instrument of sasing following thairupon and haill richts quhairupon the samyne proceidit in the haill heads, articles, clauses, circumstances and conditiones thairof, of the samyne tua severall chartors and richts of the samyne. And oure said soverane lord, with advyse and consent of the estates of this realme, decernes and ordaines that the saidis infeftments and richts of the lands baronie and uthers abonewrittine grantit to the said Alexander, earle of Galloway in maner forsaid ar and sall be in all tyme coming sufficient richts, grounds and titles quhairby he and his saidis airs male and assignais sall bruik, joy and posseses the samyne in all tyme coming, and declairs this present confirmatioun and ratificatioun of the saidis infeftments to be als good, valide and effectuall as if the samyne had beine all at lenth insert in this present ratificatioun. And his majestie, with consent forsaid, dispenses heirby thairwith for ever and ordaines thir presents to be ane sufficient warrand for making of ane act in the said parliament conforme to the order usit in the lyke.
[1633/6/80]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates of this realme convenit togider in parliament, hes ratifiet and approvin and be thir presents ratifies and approves ane chartor maid and grantit be his majestie to and in favours of his hienes traist cowsigne Alexander, lord Gairleis, of the dait the tuentie sax day of Marche jM vC and threttie ane yeirs, of all and haill the lands of Borrowmers, Culquhork, Braidfield, Claucharie, Crevenny, Galloushill and medow, callit Phillip Medow, with mylnes, wodes†, fischings, multors and sequells thairof and fischings in the fluide of Blaidnoche and pertinents of the samyne, lyand within the parochine and shirefdome of Wigtoun, togider with the precept and instrument of seasing following thairupon and haill richts quhairupon the samyne proceidit in the haill heids, articles, clauses, circumstances and conditiones thairof. And oure said soverane lord, with advyse and consent of the estates of this realme, decernes and ordaines that the said infeftment and richts quhairupon the samyne proceidit of the lands, mylnes, wodes, fischings and uthers abonewrittine, grantit to the said Alexander, lord Gairleis in maner forsaid ar, and sall be in all tyme coming, sufficient richts and grounds and titles quhairby he and his saidis airs male and assignais quhatsumever sall bruik, joyse and posseses the samyne in all tyme coming, and declairs this present confirmatioun and ratificatioun of the said infeftment to be als good, valide and effectuall as if the samyne had beine at lenth insert in this present ratificatioun. And his majestie, with consent forsaid, dispenses heirby thairwith for ever, and ordaines thir presents to be ane sufficient warrand for making of ane act in the said parliament conforme to the order usit in the lyke.
[1633/6/81]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the thrie estates of this present parliament, be thir presents ratifies and approves ane chartor maid and grantit be his hienes wnder the great seale of the dait at Otlands, the thretteine day of July jM vjC tuentie fyve yeirs, to and in favours of Johne, earle of Annandaill etc., his airs maill and of tailyie thairin specifiet of the earledome, lordschip and baronie of Annandaill, comprehending all and sundrie the lands, baronies, offices, teinds, patronages and uthers particularlie and generallie mentionat in the said chartor, togider also with the precept and instrument of seasing following thairupon in all and sundrie pointes, articles and clauses thairin contenit eftir the formes and tennors thairof, and declairs, statuits and ordaines this present ratificatioun thairof to be als sufficient, valide and lawfull in all respects as if the said chartor, precept and instrument of sasing following thairupon wer at lenth, and word be word, insert and ingrost heirintill, dispensing heirby with the not inserting thairof. And lykwayes his majestie, with advyse and consent forsaid, be thir presents dissolves the haill lands and uthers specifiet in the said chartor quhilks ar of his majesties propertie fra his majesties crowne and patrimonie thairof, to the effect that the samyne may be of new disponit to the said Earle of Annandaill and his forsaidis to be haldin of his majestie and his successors for payment of the few dewties contenit in the said chartor. And lykwayes his majestie, with consent forsaid, findes, declairs, statuits and ordaines that the said chartor and the precept and instrument of sasing following thairupon and this present ratificatioun thairof ar, and sall be, sufficient and valeid lawfull richts and secuirities to the said Earle of Annandaill and his abonespecifiet for the peacible bruiking and joysing in all tyme coming of the said earledome, lordschip and baronie of Annandaill, comprehending the haill lands, baronies, offices, teinds, patronages and uthers particularlie and generallie mentionat in the said chartor, ordaining thir presents to be ane sufficient warrand to the clerk of register and his deputtes for extending of ane act of parliament heirupon in dew forme.
[1633/6/82]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the thrie estates of this present parliament, be thir presents ratifies and approves the letter of gift maid and grantit be his majestie wnder the privie seale of the dait at Hamptoun Court, the second day of October, jM vjC and threttie yeirs, quhairby his majestie gave, grantit and disponit to his hienes richt traist cowsigne and counsallour Johne, earle of Annandaill, vicount of Annand, lord Murray of Lochmaben, during all the dayes of his lyftyme, and to James, lord Annand, his eldest lawfull sone, and to ather of thame successive during all the dayes of thair lyftymes, the keiping of the hilles and lomounthes of Falkland, with the mure callit the New Park adjacent thairto within the haill bounds, meithes and merches thairof, mentionat in the said letters of gift, togider with the haill pairts, pendicles and pertinents of the saidis hills and mures lyand within the shirefdome of Fyffe, with the priveledges and liberties thairin mentionat in all and sundrie pointes, heads, articles and clauses thairincontenit eftir the forme and tenors thairof, and declairs, statuits and ordaines this present ratificatioun thairof is, and sall be, als valide and lawfull in all respects as if the samyn wer at lenth insert heirin, dispensand heirby with the not inserting thairof. And siclyk finds, declairs, statuits and ordaines that the saidis letters of gift and this present ratificatioun thairof ar, and sall be, sufficient richt and secuiritie to the said Earle of Annandaill and his said sone, the langest leivar of thame tua, for the peacible bruiking and joysing of the forsaid office, with the priveledges and liberties thairof mentionat in the saidis letters of gift during the space aboneexpremit.
[1633/6/83]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates of this realme convenit togither in parliament, ordaines ane act of ratificatioun to be maid in this present parliament in favours of the richt reverend father in God, his majesties trustie and weilbeloued counsallour Patrick, archibischope of Glasgow, ratifiand and approveand, and for his majestie and his successors perpetuallie confirmeand, lykas his majestie be thir presents and tennor of the said act ratifies and approves, and for his majestie and his successors, with advyse and consent forsaid, perpetuallie confirmes the provisioun and gift grantit wnder his majesties great seale of the dait at Quhythall, the saxteine day of Apryll, jM vjC threttie thrie yeirs, in favours of the said reverend father, quhairby he is translated fra the seatt of the bischoprick of Ross to the sea of the archibischoprick of Glasgow, and hes givin, grantit and disponit to him during all the dayes of his lyftyme the said archibischoprick of Glasgow and haill benefice thairof, with all and sundrie lands, lordschipes, baronies, castells, toures, fortalices, maner houses, biggings, yeardes, orcheards, mylnes, multors, wodes, fischings, kirks, teindscheaves and uthers teinds, few fermes and uthers fermes, kaynes, customes, casualities, superiorities, tennents, tennendries, service of frie tennents, advocationes, donationes and richts of patronages, kirkes, benefices and chaiplanries, fruites, rents, emoluments, proffeitts and dewties quhatsumever perteining to the said archibischoprick, with priveledge of frie regalitie, frie chaiplanrie and chancellarie within the haill bounds of the said archibischoprick, with all priveledges, liberties, dignities and immwnities quhat-sumever perteining and belonging thairto, quhilk umquhile James, archibischope of Glasgow, or any of his predicessors in any tyme bygane fra the first fundatioun thairof possest or injoyed or micht have possest and injoyed or annexit thairto or quhilk may be fund or knowin to perteine to the said archibischoprick in tyme coming, and chieflie with advocatioun, donatioun of kirks, personage and viccarage of Ankrum, Askirk, Stobo and Eddistoun, quhilks ar kirks and lands perteining to the said archibischoprick, and with advocatioun and donatioun of kirkes, personage and viccarage of Kilbryde and Torrens, with all fruites, rents, emoluments, proffeitts and dewties quhatsumever perteining and belonging to the said archibischoprick, with all priveledges, liberties, commodities and immwnities quhatsumever perteining and belonging thairto, with all and haill the forsaid personage and viccarage of the said paroche kirk and parochine of Glasgow, with all and sundrie mansiones, houses, biggings, yeards, teindscheaves and uthers teinds, alsweill great as small, fruites, rents, casualities, proffeitts, emoluments and dewties quhatsumever perteining and belonging thairto quhairever they ly within this realme, as in the said gift and provisioun at lenth is contenit [...], with all decreitts and sentences following thairupon in the haill heads, articles, clauses, circumstances and conditiones of the samyne, admittand this present ratificatioun to be als valide as if the said gift and provisioun and decreits following thairupon war particularlie insert heirintill, with the not inserting quhairof his majestie, with advyse and consent forsaid, dispences heirby, and decernes and declairs that the said gift and provisioun and uthers abonewrittine ar and sall be sufficient grounds, richts and titles, quhairby the said richt reverend father during all the dayes of his lyftyme may bruik and joyse the said archibischoprick with all teinds, fruites, rents, dignities and uthers belonging thairto in all tyme coming, and ordaines thir presents to be ane sufficient warrand for making of ane act in the said parliament in favours of the said richt reverend father in maner abonewrittine.
[1633/6/84]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates of this realme convenit in parliament, ordaines ane act to be maid in this present parliament, makand mentioun that forsameikle as his majesties umquhile darrest father of renowned memorie in his parliament haldine at Edinburgh, the tuentie aucht day of Junii, jM vjC and sevinteine yeirs, with advyse of the estates then convenit, dissolvit fra the crowne all and haill the abbacie of Ferne, with all and sundrie lands, lordschipes, wodes, mylnes, multors, fischings, alsweill superioritie as propertie thairof, advocatioun, donatioun and richt of patronage of kirkes, chaplanries and alterages, and with all and sundrie fewfermes, fruites, rents, kaynes, customes and uthers dewties of the said abbacie of Ferne quhairsoever they ly; and to that effect retreittit, annullit and abrogatit the act of annexatioun of the temporalitie of benefices to the crowne, maid in the yeir of God, jM vC fourscoir sevine yeirs, in sua far as may be extendit or comprehend the said abbacie of Ferne, fruites and rents thairof. Lykas his majestie, with consent forsaid, of new unitit, annexit and incorporat all and haill the said abbacie and monasterie of Ferne, hous and precinct thairof, with all lands, lordschipes, mylnes, multors, fischings, alsweill superioritie as propertie thairof, teinds, teindscheaves, advocatioun, donatioun and richt of patronage of kirkes, chaplanries, prebendaries and alterages with all fewfermes, annuelrents, anniversaries, fruits, rents, kaynes, customes and uthers dewties perteining thairto, declaring the name and memorie thairof to be utterlie extinguished and to be unit and incorporat in and with the bischoprick of Rosse, to remaine as ane pairt of the patrimonie thairof as the rest of the patrimonie of the said bischoprick but any uther speciall denominatione, to the effect that Patrick, than bischope of Rosse and his successors may peaciblie posses the said abbacie as being ane propper pairt of the said bischoprick, lykas his majestie ratifiet the severall gifts mentionat in the said act; and his majestie calling to mynd that be his hienes letters of gift and provisioun grantit wnder the great seale of the dait the [...] day of [...] lastbypast, his majestie hes givin, grantit and disponit during all the dayes of the lyftyme of ane reverend father in God, Johne, now bischope of Rosse, the said bischoprick of Rosse and abbacie of Ferne annexit thairto with all and sundrie lands, lordschippes, wodes, mylnes, multors, fischings, alsweill spiritualitie as temporalitie, propertie as superioritie, advocatioun, donatioun and richt of patronage of kirkes, chaplanries, prebendaries and alterages, fewfermes, annuelrents, caynes, customes and dewties perteining to the said abbacie, to remaine with the said reverend father Johne, bischope of Rosse, and with the bischoprick thairof as ane pairt of the patrimonie of the same in all tyme coming, as the said act and provisioun maid to the said reverend father at lenth beires. Thairfor his majestie, with advyse of the saidis estates, ordaines ane act to be maid in this present parliament ratifiand and approveand, lykas his hienes, with consent forsaid, be thir presents and tennor of the said act ratifies and approves in favours of the said reverend father Johne, bischope of Rosse and his successors bischops of Rosse, the said act of dissolutioun, abrogatioun, new unioun and incorporatioun of the said abbacie of Ferne, spiritualitie and temporalitie, propertie and superioritie thairof, to the said bischoprick of Rosse, with all and sundrie former acts, gifts, provisiones and richts maid and grantit of the samyne ather in favours of the said Patrick, sumtyme bischope of Rosse, umquhile David, bischope of Rosse or any uthers thair predicessors, togider with the said gift and provisioun maid and grantit in favours of the said Johne, now bischope of Rosse of the said abbacie of Ferne, propertie and superioritie thairof, spiritualitie and temporalitie of the samyne, and all that hes followit or may follow thairupon. And his majestie and estates forsaidis decernis and declairs that the severall actes of dissolutioun, abrogatioun, new unioun and incorporatioun and uther former and posterior gifts and ratificatiounes maid and grantit of the said abbacie ar and sall be sufficient grounds, richts and titles quhairby the said Johne, now bischope of Rosse and his successors bischops thairof may bruik, joyse and possess the said abbacie or monasterie of Ferne, with all and sundrie lands, lordschipes, mylnes, multors, fischings, alsweill spiritualitie as temporalitie thairof, alsweill propertie as superioritie of the samyne, advocatioun, donatioun and richt of patronage of kirkes, chaplanries, prebendaries and alterages, fewfermes, fruites, rents, caynes, customes and dewties of the said abbacie, to remayne and abyde inseparablie in all tyme coming with the said Johne, bischope of Rosse and his successors bischops of Ross, and with the benefice and bischoprick thairof unit and annexit thairto, siclyk and in the samyne maner as if the samyne had nevir beine annexit to the crowne or as if the samyne had beine speciallie exceptit and reservit furth of the said annexatioun, and as if the said abbacie, spiritualitie and temporalitie thairof, had beine propperlie ane pairt of the said bischoprick the tyme of the fundatione and erectione thairof; and as if the samyne had never beine ane severall or distinct benefice be it selff, to the quhilk his majestie and estates forsaidis be thir presents fullie consent and aggrie and ordaines thir presents to be sufficient warrand for making ane act in the said parliament.
[1633/6/85]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the thrie estates of this present parliament, be thir presents ratifies and approves the gift maid be his majesties umquhile darrest father wnder the great seale of the dait at Baver Castell, the fourt day of August, jM vjC and nynteine yeirs, in favours of ane reverend father in God Andro, bischope of Galloway, off the said bischoprick of Galloway, comprehending thairin the pryorie of Quhithorne and abbacies of Tungland and Glenluce unit and annexit thairto of befor, with all and sundrie lands, baronies, mylnes, fischings, kirks, teinds great and small, rents, emoluments, fewfermes, caynes, customes and uthers perteining to the said bischoprick, pryorie and abbacies, and quhaireof the bischopes of the said bischoprick, pryors of the said pryorie and abbattes of the saidis abbacies wer in possessioun, as propper pairts of the patrimonie of the saidis benefices at any tyme of befor and quhilk perteines, or may be knawin to perteine, be any maner of way to the saidis bischoprick, pryorie and abbacies, togider with the former actes of parliament quhairby the saidis pryorie of Quhithorne and abbacies of Tungland and Glenluce wer annexit, unit and incorporat into and with the said bischoprick of Galloway in all and sundrie pointes, articles and clausis thairincontenit eftir the formes and tennors thairof, and declairs, statuites and ordaines that this present ratificatioun thairof sall be als valide and lawfull as if the samyne wer at lenth insert heirintill, dispensing heirby with the not inserting thairof. And farder his majestie, with advyse and consent forsaid, be thir presents of new unites, annexis and incorporates the saidis pryorie of Quhithorne and abbacies of Tungland and Glenluce, with all lands, baronies, mylnes, fischings, kirkes, teinds great and small, fruites, rents, emoluments and dewties perteining and belonging thairto, or to the spiritualitie and temporalitie thairof, into and with the said bischoprick of Galloway, to remaine in all tyme coming with the said bischoprick as ane propper pairt of the patrimonie thairof, ordaining thir presents to be ane sufficient warrand to the clerk of register and his deputts for extending ane act of parliament heirupon in dew forme.
[1633/6/86]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estates of this present parliament, hes ratifiet and approvine and, be thir presents, ratifies and approves the gift and mortificatioun maid be his majesties umquhile darrest father, King James of most worthie memorie, wnder his great seale, off the abbacie of Dundrennane, with all lands, baronies, mylnes, wodes, fischings, kirks, teinds, fruits and rents perteining thairto, alsweill temporalitie as spiritualitie thairof, to the deanrie of his majesties chapell royall of Stirling in maner specifiet and sett downe in the said gift of mortificatioun, as the samyne of the dait at Theobalds, the saxteine day of July, the yeir of God jM vjC tuentie ane yeirs at mair lenth proports, thaireftir ratifiet in parliament haldin at Edinburgh, the fourt day of August, the yeir of God jM vjC tuentie ane yeirs. And als hes ratifiet and approvin and, be thir presents, ratifies and approves the act of parliament maid lykwayes be his majesties said umquhile darrest father, with advyse of his estates, annexand to the bischoprick of Dumblane and patrimonie thairof all and haill the abacie of Crocereguall, as lykwayes the pryorie of Monymusk, alsweill temporalitie as spiritualitie of the samyne benefices, with all lands, kirks, teinds, teindscheaves, fischings, annuelrents, proffeitts, commodities and uthers casualities quhatsumever alsweill not exprest as exprest perteining or belonging or quhilk any tyme bygane pertenit or belongit to the said abbacie or pryorie or any of thame in any maner of way, in maner lykwayes sett downe in the said act of parliament, as the samyne act of parliament of the dait the tuentie aucht day of Junii, the yeir of God jM vjC sevinteine yeirs, siclyk at mair lenth proports in the haill heads, articles, clausis, conditiones and circumstances quhatsumever specifiet and contenit in the said mortificatioun and ratificatioun thairof in parliament and act of parliament respective abonewrittine maid anent the unioun and annexatioun of the said abbacie of Dundrennane to the said chappell royall, and of the said abbacie of Crocereguall and pryorie of Monymusk to the said bischoprick of Dumblane as is abonerehearsit, with all that hes followit or may follow thairupon. And his majestie and estates forsaidis, be thir presents, declairs, decernes and ordaines that this present ratificatioun and generalitie thairof sall be als valide, effectuall and sufficient as if the said mortificatioun and acts of parliament respective abonewrittine wer at lenth word be word insert heirine, anent the quhilk and generalitie thairof and all uther objectiones or imperfectiones quhilk may be opponit or alledgit againes the samyne, his majestie and estates forsaidis hes dispensit and dispenses be thir presents. And farder his majestie and estates forsaidis be thir presents declairs the unioun and mortificatioun of the said abbacie of Dundrennane to the said chappell royall and the unioun and annexatioun of the said abbacie of Crocereguall and pryorie of Monymusk to the said bischoprick of Dumblane to be nawayes of the natur and qualitie of such thinges quhilks ar contenit in his majesties revocatioun, and that the samyne benefices sua unitt and annexit as said is, spiritualitie nor temporalitie thairof, nor gifts of mortificatioun and unioun and annexatioun of the same, falles nawayes within the compas of any of his majesties revocationes, nor within the act maid in this present parliament anent his majesties revocatioun, nor yitt within the actes lykwayes maid in this present parliament anent the superiorities of kirklands. Lykas his majestie and estats forsaidis, in sa far as it may appear that the samyne may fall within the compas of his majesties revocationes and actes of parliament maid thairanent and anent the superiorities of the saidis kirklands, hes exceptit and be thir presents excepts the samyne furth thairof.
[1633/6/87]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the thrie estates of parliament, ratifies and approves all and sundrie infeftments, gifts, mortificationes, patronages, priveledges, immwnities and uthers evidents, richts, titles and secuirities quhatsumever maid and grantit be his hienes or any of his majesties noble progenitors, or be the archibischops of Sanct Andrewes for the tyme, to the Universitie of Sanct Andrewes and to the rectors, regents, maisters, students, bursares, beddells and uthers suppositts of the same universitie, off quhatsumever daits, tennors or contents the samyne be of, and speciallie but prejudice of the generalitie the chartor of confirmatioun grantit be his hienes umquhile darrest guddame Marie, queine of Scottes, of eternall memorie, ratifiand and confirmand the chartor grantit be his hienes umquhile darrest predicessor King James the First of eternall memorie, of the dait at Perth, the tuentie day of Marche, and of his reigne the tuentie saxt, quhairby the rectors, regents, maisters, students, bursars, beddells and uthers within the said Universitie of Sanct Andrewes, thair lands, tenements, possessiounes and uthers guids, moveable and wnmoveable, spirituall and temporall, alsweill within the citie of Sanct Andrewes as in uther places, ar takin wnder the said King James the First and his successors protectioun, and quhairby they ar exemit frome all tributes, taxationes and collectiones, quhilk chartour of confirmatione is daitit the aucht day of Junii, jM vC fiftie fyve yeirs; and als the chartour of confirmatioun grantit be his hienes umquhile darrest father, King James the Saxt, of eternall memorie, of the dait the aucht day of Maii, jM vC thriescoir nynteine yeirs, ratifiand and approveand the chartour abonewrittine grantit be his hienes said umquhile darrest predicessor King James the First of the dait and contents abonespecifiet, and all uthers exemptiones, priveledges and confirmationes quhatsumever maid and grantit be his hienes noble progenitors, kings James the First, Second, Thride, Fourt, Fyft of worthie memorie and be his hienes said darrest guddame, Queine Marie, in all and sundrie heads, clausis, articles and conditiones contenit in all and sundrie the saidis infeftments, gifts, mortificationes, patronages and uthers respective, speciallie and generallie abonespecifiet, eftir the formes and tennors thairof. And oure said soverane lord, with advyse of the saidis estates of parliament, wills and grants, and for his hienes and his successors, decernes and declaires that the saidis infeftments, gifts, mortificationes, patronages, immwnities, priveledges and uthers abonespecifiet ar good and valide richts to the saidis rectors, regents, maisters, students and uthers abonewrittine for bruiking and joysing of the lands, tenements, possessiounes, immwnities, liberties, priveledges and uthers abonespecifiet in all tyme.
[1633/6/88]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaits of this present parliament ordaines ane ratificatioun to be maid thairine makand mentioun that his majestie, remembering and calling to mynd the manifold actes of parliament maid be his majesties predicessors of worthie memorie in favours of the auld universities of this realme, quhilks ar the seminaries of the kirk and policie within the samyne, and his majestie being movit with fervent zeale of the propagatioun and advancement of religioun and with ane earnest love of incres of policie and having thairwith ane speciall regaird to the educatioun and upbringing of the youth within this kingdome in pietie and learning, and speciallie within the north pairts of this realme, quhairof oure soverane lords universitie and King's Colledge in auld Abirdeine hes beine speciall instructers for the space of sevinscoir yeirs or thairby since the first fundatioun of the samyne, and wnderstanding that the said universitie and colledge was of auld foundit and erectit be umquhile King James the Fourt of worthie memorie for serving the north pairts of this realme and indewit be him with most ample priveledges of teaching and professing divinitie, canon and civill lawes, medicine, philosophie and all uther lawfull faculties and liberall sciences, and als giving of degries of baccalawreatt, licentiat and doctorat to these that ar worthie and capable of the saidis degries in all and sundrie the faculties and sciences aboneexprest, with full power and libertie to the persones promotit and graduatit in the samyne to read, teach, doe and excerce all things quhatsumever the persones promoted to the same degries within the Universitie of Paris, in the Universitie of Banonia or any uther universitie quhatsumever may doe or exerce, both in the universitie quhair they receavit thair degries and also in quhatsumever uther universitie ubicunque terrarum absque alio examine vel approbatione, and generallie with all and sundrie quhatsumever uther richts, priveledges, liberties, immwnities and exemptiones givin and grantit to the saidis Universities of Paris and Banonia, or to any universitie of this realme or perteining and belanging to any universitie or generall studie, togider with conservators speciallie ordanit and constituit for conserving and mainteining of the saidis richts, priveledges, liberties, immwnities and exemptiones of the said universitie and colledge, as is at greatter lenth exprest and sett downe in the first foundationes and erectiones of the saidis universitie and Kinges Colledge of auld Abirdeine of the daittes jM iiijC nyntie four and jM iiijC nyntie sevine yeirs respective; and that the saidis universitie and King's Colledge of auld Abirdeine wer of auld giftit and dottit by the said umquhile King James the Fourt of worthie memorie and be the Bischopes of Abirdeine and certane uthers his majesties subjects, with the kirks and benefices, patronages, personages and viccarages thairof, lands and annuelrents following mortifiet, united, annexit and incorporat thairto, viz: the personage and viccarage of Aberluthnot; the personage and viccarage of Glenmuck and Glengairden; the personage and viccarage of Slaynes; the personage and viccarage of Snaw; the personage and viccarage of Achindor; the viccarage of Tullienestin, togider with the patronages of the saidis kirks, the halfe towne and lands of Drumlugus; the towne and lands of Adiell, Balmakettill, Colyine and Audiat, Berriehill, Mundurno; certane croftes and tenements of land lyand one the eist and west territories of new Abirdeine; ane annuelrent of tuentie punds out of the baronie of Balheluie; nynteine merkes out of the watters of Bamff; tuelff pund sax schilling aucht penneis yeirlie furth of the lands of Ore, Moubray, Blairschinno and Pittinbrunyeounes in Boyne; ane annuelrent of fyve punds out of the lands of Udoche; ane annuelrent of four punds yeirlie furth of the lands of Pettie; the lands of the hospitall of Sanct Germanes, with the haill fruites, rents and dewties quhatsumever belonging thairto quhairever the samyne beis or lyes within this realme; the lands quhairupon the said colledge is foundit, with the yeards, crofts and haill precinct of the samyne, with the manses, yeards and crofts of the canonist, civilist, mediciner and grammarian of the saidis universitie and colledge and others particularlie specifiet and contenit in the auld fundationes of the saidis universitie and colledge, chartors and donationes of the samyne of severall daittes respective; quhilkes priveledges and liberties with the saidis auld fundationes and mortificationes wer eftirward ratifiet and approvin by umquhile King James the Fyft, of worthie memorie, in the yeir of God, jM vC tuentie sevine yeirs, and be his royall dochter, umquhile Queine Marie, of worthie memorie, in the yeir of God jM [...] yeirs, and last be his hienes umquhile darrest father, King James the Saxt, of worthie memorie, be ane act of his parliament holdin in the yeir of God jM vjC sevinteine yeirs. As lykwayes that his hienes said umquhile darrest father of worthie memorie, having consideratioun and respect that the meannes of the saidis auld rents and dewties being greatlie diminischit and impairit be divers alienationes and impropriatiounes and other delapidationes of the samyne was nawayes able nor sufficient to entertaine in any competent maner or measure the maisters and members of the said universitie and colledge as the samyne war first foundit, thairfor his hienes said umquhile darrest father of worthie memorie, of his majesties princelie liberalitie, love and affectioun quhilks he had to learning and vertew and to the maintenance and incres thairof within this realme, gave, disponit, unitit and annexit to the saidis universitie and colledge of auld Abirdeine, with speciall consent and assent of all having entreis, the kirkes, teinds, lands and annuelrents eftirspecifiet, to witt: all and haill the personage and viccarage of Sanct Machar callit the deanrie of the cathredrall kirk of Abirdeine, with the haill lands, teinds, fruites, rents, emoluments and dewties perteining and belonging thairto; all and haill the personage of Methlick, Furvie, Peterkirk, callit Spittell or the subchantorie of Abirdeine, with the haill mansis, gleibs, lands, rents and dewties of the saidis kirks respective, all lyand within the dyocies of Sanct Androis and Aberdeine respective; togider also with all and sundrie kirklands, teinds, annuelrents, few fermes, manses, gleibs, houses, biggings, yeards and uthers fruites, rents and emoluments quhilks pertenit of befor to the friers carmalites of Banff, the chaplanries of Wasthall and Fallaroull, the chaplanries of Sanct Magdalens altar, with all and sundrie kirklands, teinds, annuelrents, fewfermes, manses, gleibs, houses, biggings, yeards and all uther fruites, rents, emoluments and dewties quhatsumever, quhilks pertenit of befor to the saidis chaplanries, or to the auld chaplanes of the saidis universitie and colledge of auld Abeirdeine; togider with all uther lands, houses, biggings, provents, teinds, annuelrents, fewfermes, manses, gleibs, titles, richts, jurisdictiones and uthers quhatsumever perteining and adebted to the said colledge, maisters, regents, bursars and members thairof, ather givin and grantit be his hienes said umquhile darrest father, King James the Saxt, of worthie memorie, or any uthers his hienes most noble progenitors and predicessors, kings and queines of Scotland, thair regents or governors for the tyme, or be the Bischops of Abirdeine of guid memorie, or be any uthers at any tyme of befor quhilks the saidis colledge and universitie possesses, hes possest or any wayes micht posses, as in his hienes said umquhile darrest father of worthie memorie his donationes, gifts, dispositiones and mortificationes thairof at mair lenth is contenit, quhilks last mortificationes and donationes grantit be his hienes said umquhile darrest father of worthie memorie to the saidis universitie and colledge wer lykwayes ratifiet be him be ane act of his said parliament haldin in the said yeir of God, jM vjC and sevinteine yeirs. And oure soverane lord, following the worthie example of his hienes most noble progenitors in thair good affectioun and love of learning and vertewous educatioun of the youth within this kingdome, and being willing be all meanes possible sua far as lyes in his majesties power to promove vertew, advance the saidis universities and colledge of auld Abirdeine and corroborat the richts, titles and secuirities thairof sua that the same may the more and more floorisch in learning, discipline and guid maners, thairfor oure soverane lord, with advyse and consent of the saidis estates and haill bodie of this present parliament, ratifies, allowes, approves and for his hienes and his successors perpetuallie confirmes all and sundrie the forsaidis auld fundationes of the saidis universitie and colledge of auld Aberdeine with the haill richts, titles, priveledges, immwnities, exemptiones, jurisdictiones, friedomes and liberties of the samyne and the haill forsaidis donationes and mortificationes of kirks and benefices, patronages, personages and viccarages thairof, lands, fewfermes, annuelrents and quhatsumever uther emoluments or dewties giftit and grantit to the saidis universitie and colledge, ather be his hienes said umquhile darrest father of worthie memorie or any uthers his hienes most noble progenitors, kings or queines of Scotland, thair regents or governors for the tyme, or be the saidis Bischops of Abirdeine, or any uthers in all and sundrie the heades, pointes, articles, clauses, circumstances and conditiones thairin contenit, and eftir the formes and tenors thairof in all pointes, and wills, grants and declairs that the saidis universitie and colledge sall injoy the samyne intromett with and uplift the haill lands, teinds, fruites, rents, annuelrents, chaplanries and uthers quhatsumever abonespecifiet perteining and belonging thairto, and also all uther priveledges, immwnities, friedomes and exemptiones quhilks at any tyme the saidis universitie and colledge, or any uther universitie or colledge within or without this realme brookes and injoyes, or hes bruikit and injoyit, in any tyme bygane, or may bruik and injoy, be vertew of thair richts and donationes grantit wnto thame heirtofoir, and that this present ratificatioun of the saidis richts speciallie and generallie abonewrittine is and sall be of als great strenth, force and effect as if the saidis haill richts wer all at lenth speciallie and particularlie heirin contenit and insert, notwithstanding the samyne be not sua done; quhairanent oure said soverane lord and estates of parliament hes dispensit and be thir presents dispenses for ever. And becaus the deanrie and subchantorie of Abirdeine, with the personage of Methlick, ar unitit, annexit and incorporat to the saidis universitie and colledge, the saidis kirks and personages being benefices and members of the chaptour of the cathedrall kirk of Abirdeine, and his majestie being nowayes willing that the said chaptour be hurt, imparit or depryvit of any of the auld members and priveledges thairof, thairfor oure said soverane lord, with advyse and consent forsaid, ratifies and approves the statuit and ordinance maid be his royall father of glorious memorie in his said parliament holdin at Edinburgh, the said yeir of God jM vjC and sevinteine yeirs, ordaining that the said principall of the said colledge for the tyme sall in all tyme coming be deane of Abirdeine and that the subprincipall of the said colledge sall be subchantor of Abirdeine, and that the eldest regent of the said colledge sall be persone of Methlick, thay representing at the least the saidis channones and having thair places in chaptor in giving wotes and suffrages and subscryving of takes, infeftments and uthers wreattes in all and sundrie the heads, pointes, clauses, articles, circumstances and conditiones thairin contenit, and eftir the forme and tennor thairof in all pointes, provyding alwayes that the said colledge and members thairof mak and provyde sufficient stipends and provisiounes to the ministers actuallie serving the cure at the saidis kirks quha ar not alreadie sufficientlie provydit, and that the said ratificatioun be farder extendit in the best forme with all clausses necessar.
[1633/6/89]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of this present parliament, with the declarationes alwayes wnderwrittine, ratifies, approves and perpetuallie confirmes the chartor and infeftment wnder the great seale daitit at Sanct James, the tuentie aucht day of Junii, jM vjC and threttie yeirs, maid and grantit be his majestie to and in favours of the universitie and colledge of Glasgow, principall, maisters, regents, haill members and incorporatioun of the samyne and thair successors for ever off the forsaid universitie and colledge, mansiones, maner places, houses, biggings, yeards, orcheards and uthers, alsweill lyand within as without the precinct of the said colledge, and of all lands, tenements, kirks, teinds, rents, provents, emoluments, dewties, priveledges, liberties and immwnities perteining and belonging to the said universitie and colledge and generallie and particularlie exprest and sett downe in the forsaid chartour and infeftment in all the heads, clauses and conditiones thairof, with the precept and instrument of sasing following thairupon, togider with the actes of parliament grantit in anno jM vjC and sevinteine in favours of the said colledge of Glasgow, togider also with the consents grantit be umquhile Maister Johne Hay, persone of Renfrew, and Maister Johne Hay, younger, his sone, than minister at Killellane and now persone of Renfrew, anent the annexing of the kirk of Renfrew to the said colledge of Glasgow, quhilk consent is of the dait the thride day of December jM vjC threttie tua yeirs, registrat in the buikes of counsall upon the saxt day of the said moneth and yeir; and with the contract and appointment maid betuix umquhile James, archibischope of Glasgow, and the rectour, deane of facultie and maisters of the said colledge one the ane pairt, and the said umquhile Maister Johne Hay and his sone one the uther pairt, of the dait the thride day of August and nynt day of November, jM vjC tuentie ane yeirs, togider lykwayes with the consent grantit be Maister David Shairpe, chantour of Glasgow, persone and viccar and minister of Kilbryde and Torrens, quhilk consent is daitit the tuentie thride day of November jM vjC tuentie sax yeirs; and with the contract and appointment of the same dait maid betuix the said umquhile archibischope and the principall, regents and maisters of the said colledge one the ane pairt, and the said Maister David Shairpe one the uther pairt, anent the forsaid kirk of Kilbryde and Torrens now unite to the said colledge of Glasgow in all the heads, clausses, articles and conditiones mentionat in the saidis severall richts and secuirities, halding and admitting the samyne as for exprest and sett downe heirintill ad longum et de verbo in verbum. And farder oure sovervane lord and estates of this present parliament, for great, wechtie and seine causes tending to the honour, floorisching and benefeit of the said colledge of Glasgow, universitie thairof and of the haill members and incorporatioun of the samyne hes rescindit and annullit the act of parliament maid in anno jM vjC tuentie ane, quhairby that uther act past in anno jM vjC and sevinteine annexing the said kirk of Renfrew to the said colledge of Glasgow was rescindit upon certane conditiones thairin specifiet. And for that effect his majestie and estates forsaidis hes ordanit and ordaines the said act of parliament past in anno jM vjC and sevinteine to stand in full force, strenth and effect in favours of the said universitie of Glasgow, haill members and incorporatioun of the samyne as if the said uther act of parliament past in anno jM vjC tuentie ane had never beine maid and grantit; and also rescinds and annulls that act of parliament past in anno jM vjC and sevinteine anent the restitutioun of chaptors in sua far allanerlie as may concerne and be extendit to the saidis kirks of Renfrew and Kilbryde and Torrens and to the kirk of Govane, teinds, fruites, rents, emoluments and dewties perteining and belonging thairto (in sua far as the same may be prejudiciall to the said colledge of Glasgow), and now unite and annexit to the said universitie and colledge of Glasgow. Attoure, oure said soverane lord and estates forsaidis, for great and wechtie causes and considerationes moving thame tending to the honor, good and floorisching of the said universitie and colledge of Glasgow, off new againe be the voice, voitte and suffrage of this haill parliament hes mortifiet, dottit and disponit and particularlie confirmit to the said universitie and colledge of Glasgow, and to the principall, regents, maisters, haill members, bodie and incorporatioun thairof and thair successors for ever, all and sundrie lands, teinds, kirkes, tenements, houses, yeards, priveledges, liberties and immwnities and uthers generallie and particularlie exprest and sett downe in the said chartour and infeftment and declairs the samyne to have beine and to be ane guid, valide and perfytte richt and infeftment to the said universitie and colledge of Glasgow, haill members and incorporatione of the samyne and to thair successors for ever for thair peacible and frie bruiking, joysing and possessing of all and quhatsumever exprest and sett downe in the said chartor and infeftment in sick forme and maner as if the samyne had beine particularlie giftit, mortifiet and disponit to the said universitie and colledge of Glasgow be oure said soverane lord and estates forsaidis, be expres words, voice and consent of this present parliament with expres declaratioun alwayes. Lykas oure said soverane lords and estates forsaidis be this present act and with consent of the principall, maisters, regents, haill members and incorporatioun of the said universitie and colledge of Glasgow, declairs, statuits and ordaines that the chartor and infeftment abonewrittine grantit be his majestie to and in favours of the said universitie and colledge of Glasgow with this present ratificatioun thairof sall nawayes be hurtfull nor prejudiciall to his majesties darrest cowsigne and counsellour James, duke of Lennox, his airs and successors, anent his infeftments and heretable richts of the office of bailliarie and justiciarie of the baronie and regalitie of Glasgow and all the pairts thairof, alsweill within as without the burgh of Glasgow haldin be him of the Archibischope of Glesgow, nor to no uthers his richts and infeftments quhatsumever grantit to him and his predicessors of any of his lands, mylnes, offices and uthers lyand within this realme of Scotland, bot that, notwithstanding of the chartor and infeftment abonewrittine and this present ratificatioun thairof, his majesties said darrest cowseine and counsallour James, duike of Lennox, and his forsaidis sall brulk, joyse, use and exerce the said office of bailliarie and justiciarie of the baronie and regalitie of Glasgow and all the pairts thairof abonementionat, and bruik, joyse and posses his mylnes, offices and uthers lyand within this realme without any impediment, burding or oppositione quhatsumever, siclyk and als frielie in all respects as if the chartor and infeftment abonewrittine and this present ratificatioun thairof had never beine maid nor grantit. And farder, with expres declaratioun that notwithstanding this present ratificatioun thair is reservit to the proveist, baillies and counsall of Glasgow the chaplanries of Sanct Johne and Sanct Marie perteining to the burgh of Glasgow possest be the said burgh and quhairof they have beine and ar in present possessioun; as also the priveledges of the meilmercatt situat besyde the Blackfrier kirk thairof; as als that the universitie of Glasgow sall be exeimed for thair awin members resident within the samyne and thair servants allanerlie and the houses, lands and tenements belonging to thame in propertie bot sall nawayes exeime other tennents duelling within the saidis houses in the said burgh of Glasgow fra the taxationes and other impositiones dew to be payit be thame as burgeses of the said burgh, and that the said universities exemptione grantit to thame be thair lait infeftment sall mak no kynd of derogatione to the richts and liberties of the said burgh of Glasgow, quhairof they have beine in use and possessioun. And lastly with declaratioun that this present ratificatioun sall not be prejudiciall to the archibischope of Glasgow nor his successors anent any richt quhilk they have to the trone, metts and measures of Glasgow nor to any uther thing quhilk lawfullie doeth apperteine to the said archibischope and his successors.
[1633/6/90]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the thrie estates of this present parliament, ratifies and approves the contract and appointment past betuix our said soverane lord one the ane pairt, and his hienes richt traist cowsigne and counsallour Archibald, lord of Lorne, for himselff and takand the burdeine upon him for his hienes richt traist cowsigne Archibald, earle of Argyle, lord Campbell and Lorne, his father, one the uther pairt, off the dait at Quhytehall, the thride day of Apryle, and at Halyrudhous, the tuentie thride day of Apryle, the yeir of God jM vjC and tuentie aucht yeirs, quhairby his majestie declarit his gratious and sacred pleasure and promitted in verbo principis that notwithstanding of the renunciatioun and surrander voluntarlie offered and to have beine maid be the said Archibald, lord of Lorne in favours of his majestie and his hienes successors of the office of justiciarie generall of the haill kingdome of Scotland in maner mentionat in the said contract, the said Archibald, lord of Lorne, his airs male and successors sould have, bruik and posses the heretable office of justiciarie within the bounds eftir mentionat, viz: within the bounds of the shirefdomes of Argyll and Tarbatt and within the bounds of the haill Yles of the said kingdome of Scotland (excepting Orknay and Yetland), and of the lands wnderwrittine, viz: Morvayne, Knoydart, Moydart and of the particular lands perteining heretablie to the said Archibald, lord of Lorne, viz: the lands of Ardnamorachan, the lands of Lochchiell, the lands and baronie of the kirktoun of Inchebarie, with the pertinents, all lyand within the shirefdome of Invernes; the lands and baronies of Rosneith haldin of the hous of Argyll, all and haill the tuentie pund land of Durro, all and haill the tuentie merk land of Glencran, with the pertinents, the lands of Dusslatter, Wedderglen, lyand within the shirefdome of Perth; and all uther lands of the hielands of Scotland ather haldine of the hous of Ergyle or belanging thairto, with all priveledges, liberties, immwnities, casualities, proffeitts and dewties perteining and belonging to the said office within the bounds abonerehearsit, wnder the speciall provisiones, limitationes and with the declaratioun particularlie mentionat in the said contract, togidder with the chartor maid and grantit be his majestie wnder his hienes great seale of the dait at Quhytehall, the said thride day of Apryle, the yeir of God jM vjC and tuentie aucht yeirs forsaid, proceiding upon the said contract, conteining ane confirmatioun of all and sundrie chartors, precepts, instruments of sasing, giftes and all uther evidents, titills and secuirities maid and grantit be his majestie or any of his hienes most noble progenitors or any uther persone or persones in favours of the said Archibald, lord of Lorne, his said father or any uthers his predicessors off the said office of justice generall within the haill bounds of the said kingdome of Scotland or of quhatsumever priveledges, liberties, immwnities, casualities, proffeitts and dewties perteining and belonging to the said office or concerning the samyne in all pointes and that allanerlie in sa far as the samyne concernes or may be extendit to the forsaid heretable office of justiciarie within the particular bounds abonerehearsit reservit to the said Archibald, lord of Lorne and his forsaidis be vertew of the said contract and to the haill priveledges, liberties, immwnities, casualities, proffeitts and dewties perteining and belonging to the said office within the samyne bounds and na farder, and wnder the provisiones, restrictiones and limitationes mentionat in the saidis contract and chartor, and lykwayes conteining ane new gift grantit be his majestie to the said Archibald, lord of Lorne and his forsaidis of the said heretable office of justiciarie within the bounds forsaidis particularlie repeittit in the said chartor, with the priveledges, liberties and wnder the provisiones and restrictiones thairin mentionat, to be haldine of his majestie in frie blensche for the blensch dewtie and service thairin specifiet, with the precept of sasing following thairupon wnder the quarter seale of the dait forsaid of the said chartor, and the instrument of sasing following upon the said precept of the dait the fourteine day of Maii, the yeir of God jM vjC and tuentie aucht yeirs forsaid, in all and sundrie pointes, heads, articles and clauses thairincontenit eftir the formes and tennors thairof, quhilks contract, chartor, precept and instrument of sasing following thairupon war all produicit in parliament and schawin to his majestie and the saidis thrie estates of this present parliament; and inrespect thairof his majestie, with advyse and consent forsaid, declares, decernes and ordaines this present ratificatioun of the forsaidis contract, chartor, precept and instrument of sasing to be als sufficient in all respects as if the samyne wer at lenth and word be word insert and ingrost heirintill, dispensand with the not inserting thairof in this present ratificatioun. Attoure, forsameikle as be the said contract and infeftment forsaid following thairupon it is provydit that his majesties justice clerk and his deputtes sall be clerks in all the courts of justiciarie to be haldin be the said Archibald, lord of Lorne and his forsaidis within the particular bounds abonespecifiet, lykas his majestie and estates of this present parliament, wnderstanding and considering that the said provisioun is not onlie neidles but also may be hurtfull and prejudiciall to justice inrespect of the far distance of the shirefdomes and places abonewrittine (within the bounds quhairof the said office of justiciarie is reservit and disponit to the said Archibald, lord of Lorne and his forsaidis) and the burgh of Edinburgh, quhilk is and sould be the propper place of residence to the said justice clerk, be occasione quhairof, for want and inlaik of ane clerk justice, micht be frustrat and delayit quhill the said justice clerk sould be adverteist of the dyett and mak and constituit deputtes to attend the same; and his majestie and estates of this present parliament, also considering that the said reservatioun maid anent the said clerk was meanit and intendit allanerlie for general circuit courts quhilks be act of parliament ar appointit to be haldin tuyse in the yeir and not for particular dyetts quhairin it is maist propper and expedient for the advancing of justice that the said Archibald, lord of Lorne and his forsaidis (to quhome the richt of justiciarie within the bounds abonewrittine perteins be the said infeftment) sall have the wndoubted and onlie richt to creatt, imputt and outputt clerks and uthers members of court of the said office of justiciarie within the bounds abonementionat in maner following, thairfor fries and liberatts the said Archibald, lord of Lorne, his airs male and successors to him in the richt of the office of justiciarie within the bounds abonementionat of that head and claus of the forsaid contract and infeftment following thairupon, quhairby the said justice clerk and his deputtes ar ordanit to be clerks of the saidis courts of justiciarie and that in sa far as concernes particular dyetts and justice courts, and wills and declairs that the said Archibald, lord of Lorne, his airs male and successors abonementionat, sall have guid and undoubted richt in all tyme coming, to mak, creatt, imputt and outputt clerks of justiciarie and uthers members of the saidis justice courts within the bounds of the lands abonespecifiet in all tyme coming at thair pleasure, for quhome they sall be ansuerable to his majestie and his hienes successors, and without prejudice to that claus of the said contract and infeftment following thairupon anent the saidis circuit courts to be haldine tuyse in the yeir conforme to the said act of parliament, quhairin his hienes said justice clerks or his deputtes sall be clerkes conforme to the tennor of the said contract and infeftment forsaid following thairupon, and reservatione abonewrittine thairin specifiet. And farder his majestie, with advyse and consent of the saidis thrie estates of this present parliament, be thir presents, declaires, statuites and ordaines the forsaidis contract, chartor, precept and instrument of sasing following thairupon, and this present ratificatioun thairof to be guide, valide and sufficient richts and secuirities to the said Archibald, lord of Lorne and his forsaidis, quhairby they may peaciblie bruik, joyse, use and excerce the forsaid office of justiciarie within the bounds abonementionat with the haill priveledges, liberties and immwnities thairof and uplift the haill casualities and dewties of the samyne contenit in the forsaidis richts. And mairattour, his majestie, with advyse and consent forsaid for the better expeditione of justice in the said office within the bounds abonementionat, be thir presents, gives and grants full power, commissioun and libertie to the said Archibald, lord of Lorne and his forsaidis in thair awin names, as his majesties justices within the saidis bounds, to direct furth sumonds, precepts and chairges of horning againes malefactors and delinquents within the bounds forsaidis, for chairging, warning and citting of them to find cawtioun to wnderly the law, and to compeir at sick convenient tymes and dyetts as ar allowit be the lawes of this cuntrie wnder the paine of rebellioun and putting of thame to his majesties horne, and with command to denounce the pairties to the horne incaice of failyie in finding of the said cawtioun, or failyie in compeirance as said is, and siclyk to direct precepts, letters and chairges to denunce all persones to his majesties horne quha beis declarit fugitive or utherwayes beis ordanit to be denuncit his majesties rebells be any lawfull decreit or rolument of court of the saidis justice courts, and to escheit and imbring all thair moveable guids, and to extend the samyne precepts and letters in ample forme; and finds and declairs that all precepts and letters of horning to be usit in maner abonementionat and dewlie registrat conforme to the act of parliament ar, and sall be, sufficient and lawfull in thameselffes, and sall infer the escheit of the gudes of the rebelles according to the lawes of this kingdome with all uther effects, quhilks letters of horning befor the justice generall inferres in the lyke caises, and that the haill escheits of the saidis rebells and the haill wnlawes, amerciaments and escheitts of the saidis justice courts sall be intromettit with and uplifted be the said Archibald, lord of Lorne and his forsaidis, the ane halfe thairof for thair awin use and the uther halfe of the samyne to the use of his majestie and his successors. And inlykmaner his majestie, with advyse and consent forsaid, declairs and ordaines that in all patents and commissiones to be grantit be his majestie or his successors to any persone or persones of the forsaid office of justiciarie generall or justiciarie within any particular bounds within this realme, the forsaid office of justiciarie within the bounds of the shirefdomes and lands particularlie abonementionat contenit in the said Archibald, lord of Lorne's infeftment forsaid, sall be expreslie exceptit and reservit to him and his forsaidis and that the saidis patents and commissiones sall nawayes prejudge nor impair the forsaid heretable infeftment of justiciarie grantit to the said Archibald, lord of Lorne and his forsaidis, within the bounds abonementionat, bot that the samyne sall remaine inteir and in full force wnprejudgit be the samyne patents and commissiones, notwithstanding of the generalitie of the power and termes thairof quhairine the samyne sall happine to be conceavit, but prejudice to his majestie and his successors to appoint commissioners within the saidis bounds at tua circuit courts in the yeir conforme to the saidis contract and infeftment following thairupon and wnder the restrictiones thairin contenit allanerlie and na vtherwayes. And it is heirby ordanit and declarit that how oft his majestie or his successors sall grant any commissiones for halding of circuit courts, that the samyne commissiones (in sa far as they or any of thame sall comprehend the bounds particularlie abonementionat or any pairt thairof contenit in the said Archibald, lord of Lorne, his infeftment thairof forsaid) sall be restrictit and rewlit according to the tennor and provisioun of the said Archibald, lord of Lorne, his infeftment. Attoure oure said soverane lord, with advyse and consent of the saidis thrie estates of this present parliament, be thir presents, ratifies and approves the actes and statuites eftirmentionat maid be the lords of his majesties privie counsall of the daites eftirmentionat, viz: ane act maid in presence of the saidis lords of his majesties privie counsall of the dait the fourt day of September, jM vjC and tuentie nyne yeirs, quhairby and conforme to ane warrand direct to the saidis lords of his majesties privie counsall be his majestie for authorizing of the said Archibald, lord of Lorne and his deputtes to hauld his justice courts for the north ilanders at Invernes, notwithstanding that the said burgh of Invernes be without the bounds of the said Archibald, lord of Lorne, his said grant and infeftment, leiving thame to hald courts in any uther place quhair be vertew of his said grant he micht doe the samyne, the saidis lords of his majesties privie counsall gaive full power and warrand to the said Archibald, lord of Lorne and his deputtes to hald the saidis justice courts of the north ilanders within the said burgh of Invernes; and declarit the justice courts to be haldin be thame within the said burgh of Invernes to be als lawfull as if the samyne burgh war within the bounds abonewrittine quhairof the justiciarie is disponit to the said Archibald, lord Lorne and his forsaidis; ane act maid in presence of the saidis lords of his majesties privie counsall of the dait the tuentie saxt day of August, jM vjC and threttie ane yeirs, quhairby they ordanit that na commissioun sould be grantit to nor in favours of any of the ylanders quhill the said Lord of Lorne, his majesties justiciar in the Yles, be first hard and his opinione creaved thairanent; ane uther act maid in presens of the saidis lords of his majesties privie counsall of the dait the fourteine of Februar, jM vjC and threttie tua yeirs, quhairby they declarit that they wald grant na commissioun to any persone or persones quhatsumever for trying, sensuring or judging of any criminall maters within the bounds of the said Archibald, lord of Lorne, his commissioun or any pairt thairof quhill the said Archibald, lord of Lorne be warnit to the granting thairof and hard thairanent; and lykwayes, ane act maid in presens of the lords of his majesties exchecker of the said kingdome of Scotland upon the tuentie thride day of September, jM vjC and threttie ane yeirs, quhairby the saidis lords of exchecker ordanit that nothing concerning the said Archibald, lord of Lorne, his justiciarie within the bounds abonementionat, nather be commissioun nor remissioun, sould pas nor have way before thame dirogatorie or prejudiciall to the said Archibald, lord Lorne, his commissioun or infeftment forsaid wnto such tyme as the said Archibald, lord Lorne sould be lawfullie warnit thairto and hard to propone and object his lawfull reassounes and defenses quhy nathing sould be done in any sort prejudiciall to his said commissioun and infeftment in all and sundrie pointes, heads, articles and clauses thairin contenit eftir the formes and tennors thairof; and wills, declairs and ordaines that this present ratificatioun of the actes and statuites abonespecifiet is and sall be als valide and sufficient in all respects as if the samyne actes and statuits wer at lenth and word be word insert heirintill, dispensand with the not inserting thairof in this present ratificatioun be thir presents for ever; and ordaines the saidis actes and statuites to be observit and keipit in favours of the said Archibald, lord of Lorne and his forsaidis in all tyme coming and to have the full force, strenth and effect of acts and statuits of parliament. And als his majestie, with consent and advyse forsaid, wills and ordaines if neid beis ane new infeftment to be past and exped wnder the great seale in favours of the said Archibald, lord of Lorne and his forsaidis, of the said office of heretable justiciarie within the bounds abonespecifiet with the priveledges abonementionat conforme to the tennor of this present act of parliament. It is alwayes declarit that thir presents nor the forsaid infeftment appointit to follow heirupon sall nawayes be hurtfull to his majesties richt traist cowsigne and counsallor James, marques of Hamiltoun etc., his airs nor successors anent thair richt of justiciarie within the bounds of the earledome of Arrane in sa far as the samyne belongs to the said James, marques of Hamiltoun, lyand withine the shirefdome of Buite and within the bounds of the lands of Sadell in Kintyre, lyand within the shirefdome of Tarbett, quhairin the said James, marques of Hamiltoun is infeft upon the resignatioun of the said Archibald, lord Lorne, with all priveledges, liberties, dignities, immwnities, casualities, proffeits and dewties perteining and belonging to the said office of justiciarie within the bounds abonementionat contenit in the said James, marques of Hamiltoun, his infeftment thairof, haldine of his majestie; and ordaines thir presents to be ane sufficient warrand to the clerk of register and his deputtes for extending of ane act of parliament heirupon in dew and competent forme.
[1633/6/91]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the thrie estates of this present parliament, ratifies and approves the chartor and infeftment maid and grantit be his majesties umquhile darrest father of worthie memorie, for himselff and as father, administrator and governour to umquhile Henrie, prince of Scotland and Walles, duke of Rothsay, Albanie, Cornewall and Yorke, and stewart of Scotland etc., his majesties eldest sone for the tyme and quha was thairin designit Henrie, duke of Rothesay, earle of Carrik, lord of Ardmannok, barrone of the barronie of Renfrew and prince and stewart of Scotland, wnder the great seale of the dait at Edinburgh, the saxteine day of Marche, the yeir of God jM vjC and ten yeirs, in favours of his majesties richt traist cowsigne Archibald, earle of Ergyle, lord Campbell and Lorne etc., in lyfrent and of his majesties richt traist cowsigne and counsallor Archibald, lord of Lorne, his sone, in fie, his airs maill and of tailyie specifiet in the said chartor and infeftment under the conditiones, reservationes, provisiones and restrictiones thairin mentionat, off the earledome, lordschip and barony of Argyll, comprehending all and sundrie the lands, lordschipes, baronies, castells, tours, fortalices, mylnes, wodes, forrests, fischings, offices, priveledges, casualities, patronages and uthers thairin specifiet proceiding upon the resignatione of the said Archibald, earle of Argyll, conteining ane new gift with supplement of all defects and imperfectiones with the precept and instrument of sasing following thairupon, togider with the ratificatione and renunciatione maid and grantit be the said Archibald, earle of Argyll, of the dait the ellevint day of Marche, the yeir of God jM vjC threttie ane yeirs, quhairby and for the causes onerous thairincontenit the said Archibald, earle of Argyll renuncit and dischairgit in favours of the said Archibald, lord of Lorne, his airs male and of tailyie abonespecifiet, the said Archibald, earle of Argyll his lyfrent, richt and titill and all uther richt and titill competent or that micht be competent to him of the lands, baronies, mylnes, wodes, fischings, offices, patronages, superiorities and uthers particularlie and generallie mentionat in the said chartor and infeftment and of his haill remanent lands, teinds, possessiones, rents, and estate within the kingdome of Scotland and the haill provisiones, restrictiones and conditiones conceavit in favours of the said Archibald, earle of Argyll, contenit in the said infeftment of fie maid to the said Archibald, lord of Lorne of the said earledome, lordschip and baronie of Argyll, or contenit in quhatsumever infeftments, richts and secuirities conceavit in favours of the said Archibald, lord of Lorne off or concerning quhatsumever uther lands, superiorities, roumes, possessiones, teinds or uthers quhilks pertenit to the said Archibald, earle of Argyll, within the said kingdome of Scotland, conteining sundrie uther clauses thairin mentionat in all pointes, articles and clauses thairin contenit, efter the formes and tennors thairof; quhilks chartor, precept and instrument of sasing, ratificatioun and renunciatione forsaidis wer all produicit in parliament and seine be his majestie and estates of this present parliament; and inrespect thairof his majestie, with advyse and consent forsaid, declairs, decernis and ordaines this present ratificatioun of the saidis chartor, precept, instrument of sasing, ratificatioun and renunciatioun to be als sufficient and effectuall in all respects as if the samyne wer at lenth and word be word insert and ingrost heirintill, dispensand with the not inserting thairof in this present ratificatioun. As also his majestie, with advyse and consent forsaid, findes, declairs, statuites and ordaines the forsaid infeftment to be ane sufficient, valide and lawfull richt and secuiritie to the said Archibald, lord of Lorne and his forsaidis, for bruiking and joysing of the haill lands, lordschipes, baronies, castells, tours, fortalices, offices, patronages and uthers specifict in the forsaid chartor in all tyme coming. Attoure, forsameikle as be the forsaid infeftment of fie of the said earledome, lordschip and baronie of Argyll the said Archibald, lord of Lorne is infeft in the heretable offices of shirefschippes of the shirefdomes of Argyll and Tarbett, and that it is perfytelie knawine to his majestie and the estates of this present parliament that the saidis tua shirefdomes lyes contigue and that the burgh of Inveraray lyand within the said shirefdome of Argyll is the most fitt place to be the head burgh of baith the saidis shirefdomes for halding of the head courts thairof, and that thair is na fitt and propper place within the said shirefdome of Tarbett for halding of the samyne courts, and that in respect thairof the head courts and uther particular dyetts of the saidis shirefdomes hes for the maist pairt in all tyme bygaine beine haldin at the said burgh of Inverraray, alsweill concerning the inhabitants of the said shirefdome of Tarbett as the inhabitants of the said shirefdome of Argyll, thairfor his majestie, with advyse and consent of the thrie estates of this present parliament, hes united and be thir presents unites the said shirefdome of Tarbett to the forsaid shirefdome of Argyll, and ordaines baith the saidis shirefdomes of Argyll and Tarbett heirby vnited as said is to be callit in all tyme coming the shirefdome of Argyll. And mairattor, forsameikle as the lands following, viz: Ardnamwrachan and Sunnart, Lochyeild, Ardgoure, Kingairloche, Morwerne and the yles of Cana and Rowme lyes contigue to the saidis shirefdomes of Argyle and Tarbett and ar distant fra the burgh of Invernes (quhilk is the head burgh of the shirefdome of Invernes, withine the quhilk shirefdome the lands and yles immediately abonewrittine lyes) be the space of fyvescoir mylles or thairby and the saidis lands and yles at the fardest ar distant fra the said burgh of Inverraray be the space of threttie or fourtie myles, lykas the saidis haill lands and yles perteines to the said Archibald, lord of Lorne heretablie in propertie or tennandrie (except the lands in Morwerne and Kingairloche quhilks perteine heretablie to Schir Lauchlane McClene of Morwerne, knicht, Murdoche McClene of Lochbowie and [...] McClene of Kingairloche, and quha ar willing that the saidis lands be joyned to the said shirefdome of Argyll and have givin in thair humble petitione for that effect), thairfor his majestie, with advyse and consent of the saidis thrie estates of this present parliament, hes dismembered and be thir presents dismembers the haill particular lands and yles immediatlie abonewrittine fra the said shirefdome of Invernes and joyned and united and be thir presents joynes and unites the samyne lands and yles to the said shirefdome of Argyll, and declairs the inhabitants of the samyne lands and yles to be frie of the jurisdictione of the shireff of Invernes and to be lyable to the jurisdictioun of the said shireff of Argyll in all tyme coming, and declairs and ordaines the forsaid burgh of Inverraray to be in all tyme heireftir the head burgh of the said united shirefdome of Argyll, comprehending baith Argyll and Tarbett and the uther lands and yles abonespecifiet now unit thairto as said is, and declares that all citationes, summonds, denunciationes of hornings, inhibitiones, breives and sick uther publick citationes and proclamationes sall be maid, usit and execute at the mercatt croce of the said burgh of Inveraray for the haill bounds of baith the saidis united shirefdomes of Argyll and Tarbett and of the uther lands and yles abonespecifiet now unit to the said shirefdome of Argyll as said is and for the haill inhabitants thairof and that na citationes, summonds, denunciationes of hornings, inhibitiones, breives nor na uther sick publick citationes or proclamationes sall be usit at na tyme heireftir at the mercatt croce or accustomat place of Tarbett, and lykwayes ordaines the forsaid burgh of Inverraray to be the ordinar place for administratione of justice to the haill inhabitants of the said shirefdome of Argyll, comprehending the said shirefdome of Tarbett and uthers lands and yles abonespecifiet now unit thairto as said is, as being the head burgh of the said united shirefdome of Argyle as is abonementionat; but prejudice alwayes to the said Archibald, lord of Lorne and his forsaidis quhenever occasione be is offered to hald shireff courts within any pairt of the bounds of the saidis united shirefdomes of Argyll and Tarbett and uthers lands and yles abonespecifiet now unit to the said shirefdome of Argyll as said is, for the ease and commoditie of his hienes lieges, inhabitants thairof and uthers subject to the courts of the samyne and to ceite thame to compeir befor him or his forsaidis or thair deputtes upon the grund of any pairt of any lands lyand within the saidis united shirefdomes of Argyll and Tarbett and uthers lands and yles abonespecifiet united to the said shirefdome of Argyll as said is, as they sall be cited and requirit; and ordaines publicatioun heirof to be maid at the mercatt croces of Inveraray, Tarbett and Invernes to all and sundrie our said soverane lords lieges and uthers quhome it effeirs to the effect that nane pretend ignorance thairof; and ordaines thir presents to be ane sufficient warrant to the clerk of register and his deputtes for extending of ane act of parliament heirupon in dew and competent forme.
[1633/6/92]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the thrie estates of this present parliament, ratifies and approves the thrie chartors eftirmentionat, with the precepts and instruments of sasing following thairupon, viz: the first thairof maid and grantit be his majesties umquhile darrest father of eternall memorie wnder his hienes great seale to Archibald, lord of Lorne, his airs male and assignais quhatsumever, of the lands and uthers thairin specifiet thairby unit in ane baronie callit the baronie of Ardnamurchane, of the dait at Stirling, the nynt day of Marche, the yeir of God jM vjC and tuentie fvye yeirs; the second of the saidis chartors maid and grantit be his majestie wnder the great seale to the said Archibald, lord of Lorne and his forsaidis of the lands and uthers thairinmentionat thairby unit in ane baronie callit the baronie of Balvill, of the dait at Halyrudhous, the fyft day of August, the yeir of God jM vjC and threttie yeirs; and the thride of the saidis chartors maid and grantit be his majestie wnder his hienes great seale to the said Archibald, lord of Lorne and his forsaidis of the lands and uthers thairin specifiet thairby unit in ane baronie callit the baronie of Gyga, of the dait at Halyrudhous, the fourt day of Februar, the yeir of God jM vjC and threttie tua yeirs in all and sundrie pointes, articles and clauses thairin contenit eftir the forme and tennor thairof, quhilks thrie chartors war all schawin and produicit befor his majestie and the estates of this present parliament. Lykas his majestie, with advyse and consent forsaid, declares, statuites and ordaines that this present ratificatioun of the saidis thrie chartors and of the precepts and instruments of sasing following thairupon is and sall be als guid and sufficient in all respects as if the samyne wer at lenth insert heirintill, dispensing heirby with the not inserting thairof in this present ratificatioun. And lykwayes that the saidis thrie chartors or infeftments, with the precepts and instruments of seasing following thairupon and this present ratificatioun thairof, ar, and sall be, sufficient, valide and lawfull richts and secuirities to the said Archibald, lord of Lorne and his forsaidis, for the peacible bruiking and joysing of the lands and uthers abone specifiet, conforme to the tennors of the saidis chartors and for the dewties thairin contenit, ordaining thir presents to be ane sufficient warrand to the clerk of register and his deputtes for extending of ane act of parliament heirupon in dew and competent forme.
[1633/6/93]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the thrie estates of this present parliament, ratifies and approves the commissioun grantit be the lords of his majesties secreit counsall, of the dait the tuentie ane day of Apryll, the yeir of God jM vjC and tuentie fyve yeirs, to Archibald, lord of Lorne and certane his friends thairin nominat againes the rebells thairin namit of the Clane Eane and all thair assistars and complices; as also the act maid in presens of the saidis lords of his majesties secreit counsall of the dait the tuentie aucht day of July, the said yeir of God jM vjC and tuentie fyve yeirs, quhairby the saidis lords (inrespect of ane report in wreatt givin in befor thame be the said Archibald, lord of Lorne of his haill proceidings in the executioun of the said commissioun) fand and declarit that the said Archibald, lord of Lorne did verie worthielie and dewtifullie behaive and carie himselff in the executioun of the said commissioun and thairby ansuerit the trust and creditte quhilk was reposite in him and, thairfor, ratifiet and approvit and allowit the said lord of Lorne his haill proceidings in his service forsaid, and dischairgit him thairof in all pointes, articles and clauses thairin contenit, eftir the formes and tennors thairof, and declares and ordaines this present ratificatioun thairof to be als guid and sufficient in all respects as if the samyne war at lenth and word be word insert and ingrost heirintill, dispensand heirby with the not inserting thairof in this present ratificatioun. And lykwayes his majestie, with advyse and consent forsaid, be thir presents of new, ratifies, approves and allowes the said Archibald, lord of Lorne and his saidis freinds thair haill proceidings in the service forsaid and exoners and dischairges him and his saidis freinds of thair haill proceidings in the said service and in the executioun of the forsaid commissioun for now and ever, ordaining thir presents to be ane sufficient warrand to the clerk of register and his deputtes for extending of ane act of parliament heirupon in dew and competent forme.
[1633/6/94]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of his hienes whole estates of this present parliament, ordaines ane act to be maid thairintill in favours of his hienes traist cowsigne Johne, lord Hay of Yester, his airs male, of tailyie and assignais quhatsumever, ratifiand and appreivand and, for his majestie and his successors, perpetuallie confirmeand, lykas his majestie, with consent forsaid, be thir presents, ratifies, approves and, for his majestie and his hienes successors, perpetuallie confirmes the chartor and infeftment maid and grantit be his majesties umquhile darrest father of worthie memorie to umquhile Williame, lord Hay of Yester, his airs male and of tailyie thairin contenit, off all and haill the lands and lordschip of Yester, containing thairintill the lands, lordschip, baronies, offices, mylnes, wodes, fischings, advocatioun, donatioun and richt of patronages of kirks, benefices, chaplanries, proveistries and uthers thairin mentionat to be haldin of his majestie and his hienes successors in fie and heretage off the dait wnder his hienes great seale, the tuentie sevint day of Februar, the yeir of God jM vC fourscoir ten yeirs; the precept of sasing following upon the said chartor wnder the testimoniall of his hienes great seale for giving sasing to umquhile James, lord Hay of Yester, as air maill to the said umquhile Williame, lord Hay of Yester, of the lands, lordschip, baronies and uthers forsaidis of the dait the tuentie nynt day of May, the yeir of God jM vC fourscoir and ellevine yeirs; the instrument of sasing givin to him thairof conforme thairto of the dait the sevint day of Junii, the said yeir of God jM vC fourscoir ellevine yeirs, wnder the signe and subscriptione manuall of umquhile James Gray, notar publick; the service and retour of the said Johne, now lord Hay of Yester, quhairby he is servit and retourit sone and air male to the said umquhile James, lord Hay of Yester, of the lands, lordschip, baronies, offices and uthers abonewrittine, of the dait the [...] day of [...] the yeir of God jM vjC and [...] yeirs; the precept of sasing upon the said retoure off the dait the tuentie saxt day of Marche, the yeir of God jM vjC and ten yeirs; the instrument of sasing following thairupon of the dait the tuentie thrie day of May, the said yeir of God jM vjC and ten yeirs, wnder the signe and subscriptione manuall of umquhile James Gray, notar publick; the chartor and infeftment wnder his hienes great seale maid and grantit be his majesties umquhile darrest father of worthie memorie to the said Johne, lord Hay of Yester, his airs male and assignais quhatsumever of all and sundrie the lands of Achquhatmur, with the pertinents, lyand within the shirefdome of Lanerk, the lands of Rodono, lyand within the shirefdome of Selkirk, and of sevine aikers of land of Fluires, lyand within the parochin of Peibles at the eist end of the burgh thairof, with thair pertinents, to be haldine of his majestie and his hienes successors in few and heretage, of the dait at Halyrudhous, the auchteine day of Apryll, the yeir of God jM vC fourscoir nynteine yeirs; the precept of sasing wnder the testimoniall of his hienes great seale following thairupon of the dait of the said chartor and the instrument of seasing givin to the said Johne, lord Hay of Yester thairof, conforme thairto, of the dait the penult and last dayes of Junii, the samyne yeir of God jM vC fourscoir nynteine yeirs, wnder the signe and subscriptione manuall of umquhile James Gray, notar publick; the chartor and infeftment maid and grantit be his hienes umquhile darrest father of worthie memorie to the said Johne, now lord Hay of Yester, his airs male and of tailyie contenit in his infeftment of the lordschip of Yester of the benefice and tennandrie of the croskirk of Peibles, to be haldin of his majestie and his hienes successors, of the dait wnder his hienes great seale at his hienes court of Newmercatt in Ingland, the thride day of Februar, the yeir of God jM vjC tuentie four yeires; the precept of sasing following thairupon wnder the testimoniall of his hienes great seale of the dait of the said chartor; the instrument of sasing givin to the said Johne, lord Hay of Yester thairof conforme thairto of the dait the penult day of Marche, the said yeir of God jM vjC tuentie four yeirs, wnder the signe and subscriptione manuall of Patrick Veache, notar publick, with all and sundrie uther infeftments, chartors, precepts, instruments of sasing, confirmationes, services, retours, infeftments following thairupon, procuratories and instruments of resignatione and infeftments following upon the samyne and all uthers wreatts, richts, titills and secuirities maid and grantit be our said soverane lord or any of his hienes maist noble progenitors to the said Johne, lord Hay of Yester, his antecessors, thair airs, successors and assignais of the lands, lordschip, baronies, offices, tennandries and uthers thairin mentionat of quhatsumever dait or daitts, tennor or contents the samyne be in all and sundrie pointes, pases, heads, articles, clauses, provisiones and conditiones quhatsumever thairin contenit, conforme to the tennors thairof, with all that hes followit or may follow thairupon, declaring this present generall ratificatioun of all and sundrie the evidents and wreatts speciallie and generallie forsaidis to be als guid, valide, effectuall and sufficient to the said Johne, lord Hay of Yester and his forsaidis for bruiking and joysing of the lands, lordschip, barronies, offices, tennandries and uthers abonewrittine thairin contenit as thair heretage at thair pleasure in all tyme coming, as if all and sundrie the samyne wreatts and secuirities speciallie and generallie forsaidis wer at lenth and word be word ingrost heirintill; quhairanent our said soverane lord, with advyse and consent forsaid, have dispensit and be thir presents, for his hienes and his successors, with consent abonewrittine, dispense for ever. And als his majestie, with advyse and consent forsaid, decernes and declares the saidis wreatts to be guid and sufficient richts, titles and secuirities to the said Johne, lord Hay of Yester and his abonewrittine, quhairby he and they may bruik, joyse and posses all and sundrie the lands, lordschip, baronies, offices and uthers thairin contenit as thair heretage at thair pleasure in all tyme heireftir, and ordaines this present ratificatioun to be insert amonges the remanent actes of his hienes parliament; quhairanent thir presents sall be ane sufficient warrand.
[1633/6/95]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the thrie estates of this present parliament, be thir presents, ratifies and approves the act of the commissioners for surranders and teinds of the dait the tuentie nynt day of July, jM vjC threttie ane yeirs, quhairby and for the causes onerous thairin contenit they fand it meit and expedient, and concludit and ordanit, that his hienes richt traist cowsigne Johne, lord of Lowdoun and his successors sould have the richt of patronage of the new erectit kirk, callit the kirk of the Mure, with the presentatione of the ministers serving thairat, and humblie intreittit and requeistit his majestie to approve the proceidings of the saidis commissioners and to erect the said kirk of the Mure in ane severall kirk and parochine and to dispone the heretable richt of the patronage, advocatioun and donatioun of the said kirk to the said Lord Lowdoun, his airs male and successors. And lykwayes humblie requeistit his sacred majestie and estates of this present parliament to ratifie and approve the said act with the richt and infeftment of patronage to be givin be his majestie in favours of the said Lord Lowdoun, and to grant to the said Lord of Lowdoun and his forsaidis such farder warrant and secuiritie thairanent as may stand with law and justice in all pointes, articles and clauses thairin contenit eftir the forme and tennor thairof. And declairs, statuites and ordaines that this present ratificatioun thairof is, and sall be, als sufficient in all respects as if the samyne wer at lenth insert heirintill, dispensing heirby with the not inserting thairof. And lykwayes his majestie, with consent forsaid, be thir presents of new unites and erects the said kirk of the Mure and parochin thairof in ane severall and distinct paroche kirk and parochine be it selff, and ordaines ane infeftment to be grantit be his majestie wnder the great seale to the said Lord of Lowdoun, his airs male and assignais of the advocatione, donatione and richt of patronage of the said kirk of the Mure, to be haldin of his majestie and his successors in frie blenshe for yeirlie payment of ane pennie Scottes at the feast of Whitsunday in name of blensche ferm if it beis askit allanerlie; and ordaines thir presents to be ane sufficient warrand to the clerk of register and his deputtes to extend ane act of parliament heirupon in dew forme.
[1633/6/96]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the thrie estates of this present parliament, ratifies and approves the chartor maid and grantit be his majesties umquhile darrest father of eternall memorie wnder the great seale of the dait at Edinburgh, the second day of Marche, the yeir of God jM vjC and tuentie yeirs, to and in favours of Dame Margaret Campbell, lady Lowdoun, thairin designit eldest lawfull dochter to umquhile George, maister of Lowdoun, and spous to Johne, lord of Lowdoun, quha was thairin designit Sir Johne Campbell, knicht, eldest lawfull sone to Sir James Campbell of Lawers, knicht, in lyfrent during the space thairin mentionat, of the lands of Sorne, Blairmalloche and Blairkip and certane uther lands and uthers thairin contenit; and to and in favours of the said Johne, lord of Lowdoun, his airs male and assignais thairin specifiet, of the lands and barony of Martinhame and sundrie uthers lands, baronies and uthers thairin specifiet, with the precept and instrument of sasing following thairupon in all and sundrie pointes, heads, articles and clauses thairincontenit, eftir the formes and tennors thairof and that allanerlie in sa far as the saidis chartor, precept and instrument of sasing following thairupon concernes or may be extendit to the lands, baronies and uthers eftirmentionat, viz: the saidis lands and baronie of Martinhame, the lands and baronie of Tarrinyeane, the lands of Dowchray, the kirk lands of Lowdoun, and the patronages of the kirks of Auchinleck and Lowdoun, personages and viccarages thairof. And siclyk ratifies and approves the chartor maid and grantit be his majestie (being designit for the tyme Charles, prince of Scotland and Walles, duike of Rothesay, Albanie, Cornwall and Chester) under his hienes seale, quhilk is of the dait the tuentie saxt day of July, the yeir of God jM vjC and tuentie yeirs, to and in favours of the said Dame Margaret Campbell in lyfrent during the space thairinmentionat of the lands of Hoodstoun, Brydinstoun, Boigsyde and of certane uther lands thairincontenit, and to and in favours of the said Johne, lord of Lowdoun, his airs and assignais thairinspecifiet of the lands and baronies of Eister and Wester Lowdounes, and of sundrie uthers lands, baronies and uthers thairinmentionat, with the precept and instrument of sasing following upon the samyn chartor; and lykwayes ane contract of wodsett past betuix his majestie, with consent of his hienes thesaurer principall and thesaurer deputte and remanent lords of his majesties exchecker of this realme one the ane pairt, and the said Johne, lord of Lowdoun one the uther pairt, of the dait the thretteine day of Apryll and fyft day of August, the yeir of God jM vjC and threttie yeirs, togider with the chartor maid and grantit be his majestie wnder his hienes great seale proceiding upon the said contract, with the precept and instrument of sasing following thairupon in all and sundrie pointes, articles and clauses thairin contenit eftir the formes and tennors thairof. Lykas his majestie, with advyse and consent forsaid, wills, statuites and ordaines that this present ratificatioun of the haill chartors, precepts, instruments of sasing and contract respective abonementionat is and sall be als guid and sufficient in all respects as if the samyne wer at lenth and word be word insert and ingrost heirintill, dispensing heirby with the not inserting thairof in this present ratificatioun; and als for wechtie and seine causes concerning the commoun weill finds, declares and ordaines the samyne infeftments, chartors, precepts, instruments of sasing and contract abonementionat to be guid, valeid and perfyte richts and secuirities quhairby the said Johne, lord of Lowdoun and his forsaidis and his lady abonenominat may injoy, bruik and possess the lands and uthers thairincontenit, eftir the formes and tennors thairof, and this present ratificatioun of the samyne in all pointes.
[1633/6/97]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of this present parliament ordaines ane ratificatioun to be maid thairin to and in favours of Archibald, lord Napeir of Merchingstoun, ratifiand and approveand and, for his hienes and his successors, perpetuallie confirmeand the decreit of valuatione givin at Halyrudhous, the tuentie ane day of Marche, the yeir of God jM vjC tuentie aucht yeirs, be the commissioners nominat be the king's majesties for the treattie anent the erectiounes, surranders and teinds, quhairby the saidis commissioners valide and estimat the said Lord Napeir his lands wnderwrittine to be worth yeirlie in constant rent in stock and teind as followes, viz: the lands of Mayresyde to be worth yeirlie in constant rent in stock and teind fyve chalder, fyve bolles beir and quheit; the lands of Gorgiemure to be worth yeirlie in constant rent in stock and teind sax chalders beir; and the threttie thrie aikers of land possest be Williame Hoge and Thomas Fairholme to be worth in constant rent yeirlie in stock and teind thrie chalders and aucht bolls beir; the lands possest be Heleine Tok, Johne Stevinsone and Johne Jobe to be worth yeirlie in constant rent in stock and teind tuentie bolls beir; and the fourtie sax aikers of land occupyit be Johne Broun to be worth yeirlie in constant rent in stock and teind four chalder, tuelff bolls beir; and the lands of Tipperline to be worth yeirlie in constant rent in stock and teind thrie chalders, aucht bolles beir; and the portioun of the maynes of Merchingstoun possest be the said Lord Napeir himselff to be worth yeirlie in constant rent in stock and teind aucht chalders beir; and accordinglie the haill lands of Merchiestoun to be worth yeirlie in constant rent in stock and teind threttie tua chalders victuall of the kinds abonewrittine in maner specifiet in the said decreit, as the samyne in it selff at mair lenth beirs; and als the decreit givin be his hienes exchecker of Scotland upon the nynteine day of Junii, the yeir of God jM vjC threttie tua yeirs, proceiding upon ane suspensioun obtenit at the instance of the said Archibald, lord Napeir of Merchingstoun, againes his hienes principall thesaurar, deputtie thesaurar and thair deputtes having thair power to receave the annwitie of the teinds eftirspecifiet and thair chairges quhairby they war chairgit for payment of the annwitie of the teinds of the saidis lands thairin mentionat yeirlie, the yeirs of God jM vjC tuentie aucht, vjC tuentie nyne, vjC threttie and vjC threttie ane yeirs, extending in the haill the said four yeirs to the soume of ane hundreth thriescoir sevine punds tua schillings money, be the quhilk decreit the saidis lords of exchecker fand the saidis letters raisit at the instance of the saidis thesaurers principall and deputtie againes the said Lord Napeir in the said mater to be ordourlie proceidit, and ordanit the said soume of ane hundreth thriescoir sevine punds tua schillings money consignit as the annwitie of the saidis teinds the saidis yeirs to be deliverit up to Williame Butter, receaver of the annwitie of the saidis teinds, in the saidis thesaurers names, upon ane sufficient discharge, in recompence quhairof the saidis lords ordanit the said Lord Napeir to have retentioun in his awin hand of sa meikle of the tak dewtie of fourteine punds four schilling payable be him to Johne, lord Halyrudhous for the saidis teinds of the cropt and yeir of God jM vjC threttie ane yeirs, as may be equivalent and ansuerable to the annwitie thairof for the saidis four cropes and yeirs of God abonespecifiet, for the reassones and causes contenit in the said decreit, as the samyne also beirs, in all and sundrie the heads, pointes, clauses, articles, circumstances and conditiones thairin contenit, and eftir the formes and tennors thairof in all pointes. And our said soverane lord and estates of parliament wills and grants, decernes and ordaines that this present ratificatioun of the saidis decreits and ather of thame is and sall be of als great force, strenth and effect to the said Lord Napeir, his airs and successors as if the saidis tua decreittes wer all at lenth speciallie and particularlie ratifiet, insert and contenit de verbo in verbum in this present ratificatioun; quhairanent oure said soverane lord and estates of parliament hes dispensit and be thir presents dispenses for ever.
[1633/6/98]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of this present parliament ratifies, approves and perpetuallie confirmes ane act daitit at Halyrudhous, the nynt day of Februar, the yeir of God jM vjC threttie ane yeirs, grantit be the lords commissioners for the surranders and teinds, be the quhilk act they have ratifiet, allowit and approvine ane uther act of the sessione of the kirk of Carraill anent the devyding of the rowmes and houses particularlie wnderwrittine fra the said kirk of Carraill and adjoyning and annexing of the same to the kirk and paroche of Kingsbarnes. Lykas the saidis lords commissioners be thair said act of new dissolvit and divydit the lands and rowmes particularlie eftirspecifiet, they ar to say: the lands of Pitmillie, Mortoun of Pitmillie, mylnes thairof, Kilduncane, Falsyde, Cuikstoun, Gersmestoun, Kingisbarnes and baronie of Kippo, Cambed, Belches and Mwirhouse, Randerstoun and Newtoun thairof fra the said kirk and paroche of Carraill, and joyned, unite and annexit the same to the said kirk and paroche of Kingsbarnes, quhilk kirk the saidis commissioners ordanit to be the paroche kirk of the lands particularlie abonewrittine and the inhabitants of the saidis lands to be the propper parichioners of Kingisbarnes in all tyme coming, with conditiones alwayes that the said divisioune sall not be prejudiciall to sick gentlemen within the paroche of Kingsbarnes as hes richt and priveledge of propper and peculiar buriell places within the kirk or kirkyaird of Carraill, bot that they and thair successors may injoy the samyne richt and priveledge als frielie and peaciblie as if they yit remanit parichioners of Carraill in all and sundrie heads, clauses and conditiones exprest and sett downe in the forsaid act maid and grantit be the saidis lords commissioners thairanent, togider also with the said act of the sessioune of the said kirk of Carraill and all uther actes presbiteriall and synodicall sett downe and concludit concerning the erectione of the said kirk of Kingisbarnes, with the lands and rowmes particularlie abonespecifiet, in ane severall and particular parochine be the selff divydit and distinguisched fra the said kirk and parochine of Carraill in maner beformentionat and declares all the saidis actes to be haldin as for exprest and sett downe heirintill ad longum et de verbo. And farder, our said soverane lord and estates forsaidis, for great and seine causis tending to the honor of God and his majestie and propagatione and maintenance of religione, and for the guid and weill of the kingdome, hes be expres and plaine vote, voyce and suffrage of parliament of new divydit the lands, rowmes and uthers particularlie abonewrittin fra the said kirk and parochine of Carraill, and hes joyned, united and annexit the samyne to the said kirk and paroche of Kingisbarnes, quhilk is declarit to have beine sen the first erectione thairof and to be for ever ane propper and peculiar paroche kirk callit and to be callit in all tyme coming the kirk of Kingsbarnes; quhilk kirk his majestie and estates forsaidis hes ordanit to be the paroche kirk of the lands particularlie abonewrittine and the inhabitants thairof to be the propper parichioners of Kingsbarnes in all tyme coming, and that they sall resort and repair thairto and to all sermones, preatchings, sacraments and uther ecclesiastick dewties and offices. And notwithstanding thairof, his majestie and estates forsaidis finds and declairs that the said Johne, lord Lindsay, his airs male and successors, hes, and sall have, guid and wndoubted richt, titill and entreis to the patronage of the said new erected kirk of Kingsbarnes and to the teinds of the lands and uthers abonespecifiet unite and annexit thairto as said is, as if the samyne had not beine dissolvit, disjoynit and separat fra the said kirk and paroche of Carraill, quhairof the said Johne, lord Lindsay, his predicessors and authors wer constituit heretable patrones of befor, and ratifies and approves all infeftments, richts and secuirities maid and grantit to thame thairupon, and that the said Johne, lord Lindsay and his forsaidis sall in all tyme coming abyde and remaine wndoubted heretable patrones of the said new erectit kirk of Kingsbarnes, siclyk and eftir the same forme and maner as if the said kirk of Kingsbarnes and lands abonewrittine had not beine separat nor disjoynit fra the said kirk and paroche of Carraill and that the said divisione sall not be prejudiciall to sick gentlemen of the said paroche of Kingsbarnes as hes richt and preveledge of propper and peculiar buriell places within the said kirk or kirkyeard of Carraill, bot that they and their successors may and sall injoy the samyne richt and priveledge als frielie and peaciblie as if they yit remainit parichiners of Carraill. And siclyk, oure said soverane lord and estates forsaidis finds and declares that the minister now present and his successors serving the cure at the said kirk of Kingsbarnes in all tyme coming hes, and sall have, guid richt and interes to the yeirlie stipend of fyve chalders victuall dottit and allowit be the said Johne, lord Lindsay, patrone and takisman of the teinds of the said kirk and parochine of Carraill, out of his cheritable dispositione for maintenance of the minister serving the cure at the said kirk of Kingisbarnes and his successors, and that but prejudice anent the payment of uther ten chalders of victuall yeirlie appointit and allowit to be payit to the ministers present and to come serving the cure at the said kirk of Carraill. And ordaines letters of horning upon ane simple charge of ten dayes to be direct heirupon at the instance of the minister present and to come serving the cure at the said kirk of Kingsbarnes, or at the instance of the said Johne, lord Lindsay, his airs male and successors, againes all persones haveand entreis for obtempering and obeying of this present act and statuit in all pointes; and ordaines the samyne to be ane sufficient warrand to the lord register for extending and extracting of ane act of parliament heirupon, in dew and ample forme as effeirs.
[1633/6/99]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of this present parliament ordaines ane ratificatioun to be maid thairin in favours of his hienes lovitts the proveist, baillies, counsall and commwnitie of the burgh of Abirdeine and thair successors, ratifiand, approveand and, for his hienes and his successors, perpetuallie confirmand the chartors maid and grantit be his majesties umquhile darrest father James, be the grace of God, king of Great Britane, France and Ireland, defendar of the faith etc., of eternall memorie, with advyse and consent of his hienes principall thesaurar, deputtie thesaurar and remanent lords of his hienes secreit counsall of Scotland, his hienes commissioners for the tyme, wnder the great seale, of the dait at Falkland, the sevinteine day of July, the yeir of God jM vjC and sevinteine yeirs, quhairby our said lait umquhile soverane lord of worthie memorie, with advyse and consent forsaid, for the causis thairin contenit, not onlie ratifiet, approvit and confirmit all and quhatsumever chartors, infeftments, precepts, instruments of sasing, confirmationes, actes, sentences, decreitts, donationes, exemptiones, richts, titles, secuirities, letters, wreatts and evidents speciall and generall mentionat in the said chartor, grants, liberties, commodities, immwnities and priveledges thairincontenit, maid, grantit or confirmit be his hienes said umquhile darrest father of worthie memorie and his majesties predicessors kings and queines of Scotland or be thair governors, regents or lords of sessioun for the tyme, to the said burgh of Abirdeine, proveist, eldermen, baillies, deane of gild, thesaurars, counsall, burgesis and commwnitie thairof, and to the kirkes, ministers and hospitalls of the said burgh and thair successors of quhatsumever forme or formes, content or contents, dait or daits the samyne respective be of, of and concerning the erectioun of the said burgh of Abirdeine in ane frie burgh royall with all richts, titles and priveledges belonging thairto be the lawes and consuetude of this realme, and of all lands, tenements, forrests, wods, mures, mosis, commwnitie watters, salmond fischings, mylnes, astrict multors, castells, medowes, loches, hills, greines, blokhousis, anchorages, small customes, bell customes and trone wechts, measures and uthers proffeitts, casualities and dewties quhatsumever quhilks of befor belangit to the said burgh of Abirdeine and quhilks they and thair predicessors or authors possest and usit at any tyme of befor, bot also his majesties umquhile darrest father of worthie memorie, with advyse and consent forsaid, of new gave, grantit, erectit and disponit to the saidis proveist, baillies, counsall, burgesis and commwnitie of the said burgh of Abirdeine and thair successors for ever; all and haill the said burgh of Abirdeine, with the precinct walles, fuissies, ports, wayes, streitts, passages and all and sundrie housis, biggings, yeards, tenements, crofts, aikers and ruides within the territorie and libertie of the said burgh; and siclyk all and sundrie commoun lands and uthers lands, watters, salmond fischings, speciallie and generallie mentionat in the said contract, inscheis, scheills and uthers liberties thairof, ferrieboattes, fies, dewties and commodities thairof, commoun mylnes of the said burgh, multors, sequells, castell hill, grein medow, suburbe callit Futtie, chapells thairof, boattes and quhyt fischings belonging thairto, bulwark, port and peir of Abirdeine, mylnedames and passages thairof and liberties and priveledges of the samyne and customes callit bell customes, small customes and toll customes of the said burgh, tronwechts of the said burgh, fies and dewties belonging thairto, uthers wechts, measures, liberties, priveledges and immwnities belonging to the said burgh in anywayes speciallie and generallie mentionat in the said chartor; and of all and sundrie anuelrents, fewfermes, yeirlie dewties, alterages, lands, fischings, teinds, housis, croftes and chaplanries quhilks pertenit of auld to the chaplanries of Sanct Nicolas, paroche kirk of Abirdeine, with all tenements, croftes, mansiones, daillsilver and anniversaries quhatsumever, quhilks pertenit of befor to quhatsumever chaplanries and alterages foundit in quhatsumever kirk, chappell or colledge within the libertie of the said burgh of Aberdeine be quhatsumever persones or patrones; all and haill the mansioun place, houses, biggings, yeards and kirk quhilks pertenit of befor to the gray friers of the said burgh; commoun loche, hills, greines and fields callit the linkes of the said burgh, tennents, tennandries, service of frie tennents of all and sundrie the saidis lands and fischings, pairts, pendicles and pertinents thairof; and with all and sundrie uthers liberties, immwnities, richts and priveledges quhatsumever belonging to the said burgh and quhairof the saidis proveist, baillies, counsall and commwnitie of the said burgh and thair predicessors hes beine in possessioun in any tyme bygaine, togider also with als ample and great priveledges and immwnities as hes beine givin, grantit and disponit be our said soverane lord of worthie memorie, or any of his antecessors, to the borrowes of Edinburgh, Pearth, Dundie or any uther burgh royall within this realme of Scotland at any tyme bygaine preceiding the dait of the said chartor, all unit, annexit and incorporat to and with the said burgh of Abirdeine, liberties and priveledges thairof; and to the lands, possessiones, fischings and uthers belonging thairto, speciallie and generallie mentionat in the said chartor, to be haldine be the saidis proveist, baillies, counsall and commwnitie of the said burgh of Abirdeine and thair successors, of oure soverane lord and his hienes successors, in fie heretage and frie burgage for ever, as the said chartor of the dait forsaid in it selff at mair lenth beirs, with the precept of sasing following thairupon under the testimonie of the great seale, of the samyne dait, and instrument of sasing following thairupon, of the daite the [...] day of [...] the yeir of God, jM vjC [...] yeirs, as als the act of dissolutioun maid in the parliament haldin at Edinburgh the tuentie aucht day of Junii, the said yeir of God jM vjC and sevinteine yeirs, quhair wnto the said chartor abonementionat is relative and quhairone the samyne proceids and followes in maner thairin contenit; as als the chartor maid be umquhile King Robert the First to the saidis burgeses and comwnitie of the said burgh of Abirdeine of all the liberties, consuetudes and immwnities, quhairine they wer infeft be his predicessors of befor in tyme bygaine and giving full power to the saidis burgeses and commwnitie of the said burgh to tak waird and punische all thes that sould come in armes within the said burgh againes the statuites of his majestie and borrowes of this realme in tyme coming, wnder the great seale of the dait at Gairuane in Carrik, the saxt day of Februar, and of his majesties reigne the tuentie thride yeir, in all and sundrie the heads, pointes, clauses, articles and conditiones thairin contenit, and eftir the formes and tennors thairof in all pointes. And oure said soverane lord and estates of parliament wills and grants and, for thame and thair successors, decernes and ordaines that this present ratificatioun of the said chartor, precept and sasing following thairupon and of the act of dissolutioun abonewrittine, quhairupon the samyne proceidit, and the uther chartor abonementionat maid be the said umquhile King Robert the First is, and sall be, als valide and sufficient and of als great force, strenth and effect to the saidis proveist, baillies, counsall and commwnitie of the said burgh of Abirdeine and thair successors for bruiking and joysing of the said burgh of Abirdeine and all and sundrie lands, heretages, forrests, mylnes, wodes, salmond fischings, casualities, liberties, priveledges, immwnities and uthers quhatsumever contenit in the saidis chartors and ather of thame and uther wayes belonging thairto as if the saidis tua chartors, precept, seasing and act of dissolutioun abonewrittine wer all at lenth insert, ingrost and contenit in this present ratificatioun, quhairanent and with all uther defects and imperfectiones quhilks may be proponit or alledgit againes the saidis tua chartors, precept, sasing and act of dissolutione, or any of thame and this ratificatioun thairof, oure said soverane lord and estates of parliament hes dispensit and be thir presents dispenses for ever; and that the said ratificatioun be farder extendit in the best forme with all clauses necessar.
[1633/6/100]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, being sufficientlie informit of the great charges and expenses that the proveist, baillies, counsall and commwnitie of the burgh and citie of Glasgow hes sustenit thir many yeirs bygaine in making of the river of Clyde, quhairupon the said burgh and citie is foundit and situat, portable for shipes, boattes, barkes and uther veshels for importing and exporting of forraine and hameward commodities, to the great comfort of his majesties lieges lyand within the bounds and shirefdomes nixt adjacent thairto, and for advancement and incres of policie of the commoun weill of this his hienes kingdome of Scotland, and in beitting, repairing and uphalding of the brige of Glasgow over the said river, quhilk is ane verie proffitable meanes for intertainment of commerce, as lykwayes of the great cair, paines and chairges sustenit be thame in upholding of the great kirk of Glasgow and edifice thairof eftir the auncient maner and first fundatioun of the samyne; and siclyk calling to mynd quhat great and sumptuous charges, cair and expenses they have beine at laitlie in building of ane tolbuith for administratione of justice and uther effairs tending to the advancement of the commoun weill and decoratioun of the said kingdome, and in bigging and repairing of churches within the said burgh and citie with steiples ansuerable thairto, as als of the great cair, diligence and expenses sustenit be thame in bigging and reparing of certane brigges over rivers and watters in sundrie pairts quhair straingers may have commodious travelling to and fra his majesties kingdome of Ireland and uther pairts within the kingdome of Scotland, not onlie to the comfort and proffeit of the lieges of all sorts of thes his majesties kingdomes, bot lykwayes to the great comfort of all straingers and forrainers resorting in thes pairts. And his majestie, being myndfull of thes thair commendable and commoun warkes tending to the commoun weill of his majetties kingdome, and to give thame occasione to continew in prosecuting of thair guid intentiones, and for the knawin guid service done to his majestie and his most noble progenitors be the proveist, baillies, counsall and commwnitie of the said burgh and citie of Glasgow and thair predicessors in tyme bypast, thairfor oure said soverane lord, with consent and advyse of the thrie estates of this present parliament, hes ratifiet, approvine and confirmit and, be the tennor heirof, ratifies, approves and confirmes all and sundrie chartors, infeftments, confirmationes thairof, gifts, donationes, mortificationes and all uther evidents, wreatts and secuirities quhatsumever of quhatsumever natur, kynd and qualitie the samyne be maid and grantit be his majestie or any of his most noble progenitors to and in favours of the proveist, baillies, counsall, and commwnitie of the said burgh and citie of Glasgow; and in speciall (but prejudice of the generalitie forsaid) his majestie, with advyse and consent abone specifiet, hes ratifiet and approvine and, be thir presents, ratifies and approves ane chartor, gift or donatioun grantit be his hienes most noble progenitor Alexander, king of Scottes, of and concerning the liberties and priveledges of the said burgh, burgeses and inhabitants thairof, of the dait at Maden Castell, the auchteine day of Junii and tuentie saxt yeir of his raigne. Item, ane uther chartor grantit be King Robert, his majesties most noble progenitor, confirmeand the forsaid chartor wnder the great seale, daitit the fyfteine day of November and tuentie thride yeir of his raigne. Item, ane uther chartor grantit be King Robert to the proveist, baillies, counsall and commwnitie of the said burgh of Glasgow, confirmeand the forsaid chartor and grantand certane new liberties thairto, daitit at Scone the tuentie aucht day of July in the auchteine yeir of his raigne. Item, ane uther chartor grantit be Marie, queine of Scottes, his majesties darrest guiddame, to and in favours of the proveist, baillies, counsall and commwnitie of the said burgh of Glasgow of certane lands, tenements, kirks, chappells, chaplanries, prebendaries, alterages and uthers mentionat thairintill, daittit the sevinteine day of Marche, jM vC thriescoir sax yeirs. Item, ane uther chartor grantit be his majesties darrest father of eternall memorie wnder his great seale, ratifiand all the former gifts, donationes, priveledges and uthers maid in favours of the said proveist, baillies, counsall and commwnitie, daitit at Roystoun, the aucht day of Apryll, the yeir of God jM vjC and ellevine yeirs. Item, ane decreit of parliament pronuncit in favours of the said burgh of Glasgow, daitit the tuentie nynt day of November, jM four hundreth thriescoir nyne yeirs. Item, his majesties ratificatioun of the said decreit, daitit the first day of December, the yeir of God jM 4C thriescoir nynteine yeirs. Item, ane act of secreit counsall in favours of the said burgh concerning thair liberties, daitit the tent day of September, the yeir of God jM vjC yeirs. Item, ane act of interloquitor of the lords of sessioun givin in thair favours upon the tuentie fyft day of July, the yeir of God jM vjC and sevine yeirs. Item, ane decreit of the lords of counsall and sessioun givin in favours of the said burgh upon the fourt day of Junii, the year of God jM vC thriescoir fyfteine yeirs anent ane laidle full of all sorts of cornes sauld in thair mercatt, in all and sundrie heads, articles, clauses, conditiones and circumstances thairof quhatsumever, willing, declaring and ordaining that this present ratificatioun of the particular evidents and wreatts abonewrittine and generalitie thairof is, and sall be, als valeid, effectuall and sufficient to the proveist, baillies, counsall and commwnitie of the said burgh of Glasgow and thair successors for ever in judgement and outwith as if they and everie ane of thame war at lenth, word be word, ingrost and insert heirintill. And farder, our said soverane lord, with advyse and consent forsaid of his estates of parliament, ratifies and approves all and quhatsumever gifts, richts and secuirities maid and grantit in favours of the proveist, baillies, counsall and commwnitie of the said burgh be his majesties predicessors or be quhatsumever uther persone or persones of quhatsumever kynd and qualitie the samyne be of, off and concerning the trone of the said burgh, river and brige of the samyne, tolles and customes thairof uplifted be thame and quhairof they and thair predicessors ar, and have beine, in use and possessioun thir many yeirs bypast for intertaynment of thair brige over the said river of Clyde, and declairs that thair auncient possessioun of the customes thairof sall be als sufficient as if the gifts or donationes grantit to thair predicessors of the samyne war produicit in this present parliament, and generallie ratifies and approves all and quhatsumever uther chartors, infeftments, confirmationes thairof, gifts, donationes, mortificationes and all uther evidents and wreatts quhatsumever maid and grantit be his majestie or any of his most noble progenitors, kinges, queines, princes and stewarts of Scotland, thair regents, governors and protectors of this kingdome for the tyme to, and in favours of, the proveist, baillies, counsall and commwnitie of the said burgh of Glasgow, burgeses and inhabitants thairof, of and concerning all and quhatsumever lands, houses, biggings, tenements, annuelrents, dignities, offices, liberties, priveledges, kirks, chappells, chaplanries, alterages, preben-daries, dewties and annuelrents quhatsumever belonging thairto, trones, watters, rivers, briges and customes belonging to the same, admittand, declairand and ordainand that this present ratificatioun and generalitie thairof is, and sall be, als guid, valeid and sufficient to thame and thair successors in all tyme coming as if everie particular wreatt and evident grantit to thame thairupon war particularlie and at lenth de verbo in verbum ingrossit and insert heirintill; quhairanent, and with all that may be objectit thair againes, his majestie and estates forsaidis of this present parliament hes dispensit and, be thir presents, dispenses for ever, with expres declaratione alwayes, lykas our said soverane lord and estates forsaidis be this present act declairs, statuites and ordaines that the chartors, infeftments, acts, decreits and uthers richts and secuirities, speciallie and generallie abonementionat, grantit to the said burgh of Glasgow with this present ratificatioun thairof, sall nowayes be prejudiciall nor hurtfull to his majesties deirrest cowsigne and counsallor James, duke of Lennox, his airs and successors, anent the heretable richt and infeftment of the office of bailliarie and justiciarie of the baronie and regalitie of Glasgow and all the pairts thairof, alsweill within as without the burgh of Glasgow, bot that, notwithstanding of the saidis chartors, infeftments and uther richts speciallie and generallie abonementionat, and this present ratificatioun thairof, his hienes said darrest cowsigne and counsallor James, duike of Lennox, his airs and successors sall bruik, joyse, use and exerce the said office of bailliarie and justiciarie of the baronie and regalitie of Glasgow abonewrittine and all the pairts thairof alsweill within as without the burgh of Glasgow, and sall uplift and intromett with the fies, casualities, commodities and dewties belonging to the said office of bailliarie and justiciarie of the said baronie and regalitie of Glasgow siclyk and als frielie in all respects as if the chartors, infeftments and uthers richts speciallie and generallie abonementionat, and this present ratificatioun thairof, had nevir beine maid nor grantit, as lykwayes with this expres declaratioun: lykas our said soverane lord and estates forsaidis, be this present act, and also with consent of the proveist and one of the baillies of the said burgh, in name of the remanent haill counsall and commwnitie of the said burgh of Glasgow, declairs, statuites and ordaines that the chartors, infeftments, decreitts, actes, possessiones and uthers richts and secuirities speciallie and generallie abonementionat, grantit to the said burgh of Glasgow with this present ratificatioun thairof, sall nawayes be hurtfull nor prejudiciall to the richt reverend father Patrick, archibischope of Glasgow and his successors anent his and thair richt of the electioun and nominatione of the magistrats of the burgh of Glasgow, nor anent the richt of any lands, teinds, priveledges, liberties or others quhatsumever perteining to the Archibischop of Glasgow and his successors. And last with expres declaratioun that this present ratificatioun sall be nawayes prejudiciall to the liberties, priveledges and immwnities of the universitie of Glasgow, bot that the samyne sall be reserved to thame with the lands, tenements, yairds and uthers apperteining thairto according to the ratificatioun grantit to thame in this present parliament and to the declarationes and reservationes exprest in the samyne ratificatioun and no utherwayes.
[1633/6/101]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of this present parliament, considering that his hienes umquhile darrest father, King James the Saxt, of worthie and eternall memorie, upon divers guid causes and considerationes moving him, with advyse of the lords of his secreit counsall, did creatt and erect the burgh of Culrois, being ane frie burgh of baronie of befor, in ane frie burgh royall and doattit the same with divers and sindrie priveledges, liberties and friedomes mentionat in the chartor and infeftment of the said burgh wnder the great seale of the dait the fyft day of Junii, the yeir of God jM vC fourscoir tuelf yeirs, and thaireftir that same day in the parliament than haldin at Edinburgh, his hienes said umquhile darrest father and estates of that parliament, in consideratioun thairof and sieing the said erectioun and creatioun of the said burgh as said is in ane frie burgh royall was done upon guid considerations tending to the incres of policie and augmentationes of his hienes patrimonie, ratifiet and approvit the said infeftment and haill priveledges, conditiones, clauses and provisiones thairof, decerning and declaring the samyne infeftment to be als valide and sufficient as if the said burgh, lands and uthers specifiet thairin had beine speciallie dissolvit in the act of the annexatioun of the kirklands to the crowne, and farder dissolvit the said burgh, lands, aikers, tenements and all uther priveledges, liberties and pertinents thairof and uthers thairinspecifiet to the effect the samyne, if neid be, micht of new have beine erectit in ane frie burgh royall be his majestie and ane infeftment grantit thairupon eftir the forme and tennor of the infeftment abonespecifiet, provyding alwayes that the said ratificatioun war not hurtfull or prejudiciall to Robert Bruce of Blairhall and Walter Callendar of Boildy, as in the saidis infeftment and ratificatioun thairof respective at mair lenth is contenit. Thairfor, and for the weill of the said burgh, priveledges, liberties and friedomes thairof quhatsumever thairto apperteining, oure said soverane lord and estates of this present parliament ratifies and approves the said infeftment of erectioun of the said burgh of Culrois, quhilk sumtyme was ane burgh of baronie, in the said frie burgh royall and all and sundrie priveledges, liberties and friedomes thairin grantit for the weill of the said burgh and tending to the incres of policie and augmentatioun of his hienes patrimonie and the said ratificatioun thairof abonementionat, decernitour, declaratioun and dissolutioun abonewrittine thairincontenit, and new erectioun of the said burgh in ane frie burgh royall gif any be grantit or to be grantit thairupon, and infeftment following or to follow upon the samyne eftir the forme and tennor of the infeftment abonespecifiet and upon the provisioun abonewrittine in all and sundrie the heads, pointes, clauses, articles and couditiones thairof, and eftir the formes and tennors of the samyne in all pointes. And inlykmaner oure said soverane lord and estates forsaidis of this present parliament ratifies and approves the dimissioun, resignatioun and overgiving maid, givin and grantit be umquhile Alexander, commendator of the abbay of Culrois and convent of the samyne, of the dait the second day of [...], the yeir of God jM vC four scoir and aucht yeirs, quhairby the said commendator and convent, upon the guide considerationes thairin contenit, be thameselffs or thair procurators thairin contenit, in thair name, demittit, resignit and overgave the haill finall teinds apperteining of befor to the viccarage of the abbacie and benefice of Culrois, sick as teind lambes, teind woll, teind lint, teind leiks and uthers small teinds and dewties usit to be payit of befor, and that in favours of umquhile Maister Williame Home, than schoolemaister of the grammer schoole within the said abbay of Culrois, and his successors that sould happin to occupy the said office for the tyme, and the gift, donatione and dispositione thairin contenit grantit thairupon be his said umquhile darrest father of worthie and eternall memorie in favours of the said umquhile Maister Williame Home and his successors maisters of the said grammer schoole, makand continewall residence within the forsaid abbay or burgh of Culrois in tyme coming, of the saidis viccarage teinds, daitit the first day of Apryll, the yeir of God jM vC fourscoire nyne yeirs, wnder the privie seale, and the uther gift, donatione and dispositione thairin contenit maid, givin and grantit be his hienes said umquhile darrest father of worthie memorie, wnder the privie seale, of the dait the second day of Februar, jM vjC thrie yeirs, quhairby his said umquhile hienes, upon the guide considerationes thairin contenit, gave, grantit and disponit to Maister Johne Fairfoull, than maister of the said grammer schoole within the said abbay during his lyftyme, and to his successors maisters of the said grammer schoole, all and sundrie the saidis viccarage teinds of the said paroche kirk of Culrois perteining to the said abbay thairof, with all and sundrie teinds, emoluments, rents and dewties quhatsumever perteining and belonging thairto, sick as teind lambe, teind wooll, teind lint, teind leikes and uthers teinds and dewties quhatsumever usit to be payit thairof of befor, than vacand in his said umquhile hienes hands be deceis of umquhile Maister David Ewing, than last skoolemaister thairof, or be quhatsumever uther maner of way the samyne waikit or fell in his said umquhile hienes hands, in all and sundrie the heads, pointes, clauses, articles, provisiones, conditiones and circumstances thairin contenit, and eftir the formes and tennors thairof in all pointes but contradictione. And siclyk, oure said soverane lord and estates forsaidis of this present parliament, considering the great hurt and prejudice heirtofoir sustenit be his majesties lieges quha poindes and appryses any guids or geir within the parochine and lordschipe of Culrois through thair being forcit conforme to the lawes of this realme to carie and transport the samyne to the mercatt croce of Perth, head burgh of the shirefdome within the quhilk the said lordschipe and parochine lyes, and sua [...] myles distant betuix the said burgh of Perth and thame, be the quhilks poindings and apprysings of the guides and geir within the said parochyne and lordschipe at the said mercatt croce of Perth, his majesties lieges, users thairof, sua far distant ar putt to exorbitant and extraordinar charges and expenses and the guides thairto careit and transportit to be poindit ar wraikit and maid of na or litle availl, quhairthrow not onlie the persones users of the saidis poindings ar heavilie hurt throw thair travell and extraordinar charges, bot also the persones fra quhome the saidis guids ar poindit ar heavilie damnifiet in careing and transporting of the saidis guids sua far, wraiking and abusing thame in thair travell and sua thairupon apprysing the samyne within the availl. And thairfor, oure said soverane lord and estates forsaidis, for the weill of his majesties saidis lieges, considering the burgh of Culrois to be ane burgh royall and verie ewest and commodious for poinding of any guids or geir quhilk sall happine to be poindit within the said parochine and lordschip of Culrois at the mercatt croce of the said burgh of Culrois in tyme coming, ordaines that quhatsumever guids or geir sall happine to be poindit within the said parochine and lordschip of Culrois and bounds thairof in tyme coming, that the samyne sall be careit and transportit to the mercatt croce of Culrois and poyndit and apprysit thairat, conforme to the order and lawes of this realme, and nawayes heireftir at the said mercat croce of Perth. Declaring, lykas be thir presents oure said soverane lord and estates forsaidis declairs, that the poinding of any guides or geir within the said parochine and lordschip of Culrois at the said mercatt croce of the said burgh of Culrois sall be als valide, effectuall and sufficient as if the samyne wer maid and done at the said mercatt croce of Perth, head burgh of the shirefdome quhairine the said parochine and lordschip lyes, notwithstanding the samyne be not sua done; quhairanent oure said soverane lord and estates forsaidis hes dispensit and be thir presents dispenses for ever, and that publicatioun be raisit heirupon and publischit and usit at the said mercatt croce of Perth and uthers places neidfull that his majesties lieges pretend na ignorance heirof in tyme coming. Attoure oure said soverane lord and estates forsaidis of this present parliament, considering that the abbay kirk of Culrois hes beine the kirk quhairine the cure hes beine servit be preatching of the word of God, celebrating the holy commwnioun and exercising and using of uther ecclesiasticall discipline sen the reformatione, and that the kirk, callit the paroche kirk of Culrois, is ane old kirk quhairine service is not, nor hes not, beine usit since memorie of man and is altogider rwinous, decayit and falline downe in divers pairts, sua that the said abbay kirk of Culrois is the most apt and fitt kirk for serving of the cure thairat in tyme coming, and be reputt and haldine the ordinar paroche kirk for that effect in all tyme heireftir, thairfor oure said soverane lord and estates forsaidis in this present parliament hes erectit and be thir presents erects the said kirk callit the abbay kirk in ane frie paroche kirk to the said burgh of Culrois, parochiners and inhabitants within the said parochine thairof, to be callit in all tyme coming the paroche kirk of Culrois, sua that the inhabitants within the bounds thairof sall nawayes be astricted heireftir to the said auld kirk, callit the paroche kirk of Culrois, nor discipline thairof, and uphald the samyne to that effect, bot sall onlie be subject to the discipline to be usit at the said abbay kirk of Culrois, now to be callit the paroche kirk thairof in all tyme coming, and wills and grants and for his hienes and his successors decernes and ordaines that the said abbay kirk, now to be callit the said paroche kirk of Culrois, sall have, bruik and joyse the lyke priveledge, immwnitie and libertie as the said auld kirk, callit the paroche kirk, had at the foundatione thairof or grantit thairto in any tyme bygaine, with the stipend dew to the said auld paroche kirk to be payit to the minister present and to come serving the cure at the said new erectit kirk and uthers friedomes, liberties, easments and priveledges quhatsumever, sick as manse and gleib apperteining to the said auld kirk, in tyme coming for now and ever, but contradictione or impediment.
[1633/6/102]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and thrie estates of this present parliament ordaines ane ratificatioun to be maid thairin to, and in favours of, his hienes lovitts the proveist, baillies, counsall and commwnitie of the burgh of Hadingtoun and thair successors, ratifiand, approveand and, for his hienes and his successors, perpetuallie confirmand, lykas be the tenor heirof oure said soverane lord and estates of parliament ratifies, approves and, for his hienes and his successors, perpetuallie confirmes, the infeftment and chartor maid and grantit be his majesties umquhile darrest father James, be the grace of God, king of Great Brittaine, France and Ireland, defendar of the faith, of eternall memorie, with advyse and consent of his hienes principall thesaurar, deputtie thesaurar, and remanent lords of secreit counsall, his hienes commissioners appointit for governing of his hienes rents and casualities of this realme for the tyme, to, and in favours of, the saidis proveist, baillies, counsall and commwnitie of the said burgh of Hadingtoun and thair successors, quhairby oure said umquhile lait soverane lord, his hienes darrest father of worthie memorie, with advyse and consent forsaid, for the causes thairin contenit, hes not onlie ratifiet, approvine and, for his hienes and his successors, perpetuallie confirmit all and sundrie all infeftments, erectiones, mortificationes, chartors, donationes, titles, licences and priveledges quhatsumever maid and grantit be his majesties said umquhile darrest father and his most noble progenitors to the said burgh of Hadingtoun, burgeses and inhabitants thairof and thair predicessors and successors, with all lands alsweill propertie as comountie, kirklands, annuelrents belonging to thame, priveledges and immwnities contenit thairin and haill contents thairin contenit, and all priveledges, immwnities, faires, merkatts and uthers liberties quhilks they than, or of auld, had and quhairof they wer in possessione of quhatsumever dait or daits, tennor or contents the samyne be of quhilks ar haldin as for exprest in the said chartor. Bot also oure hienes said umquhile darrest father of worthie memorie, with advyse and consent forsaid, hes of new maid, constituit, creatt, erectit and incorporat all and haill the said burgh of Hadingtoun, with all and sundrie lands, houses, biggings, yeards, aikers, waists and uthers lyand within the borrow ruids and territorie of the said burgh, with all and sundrie uthers lands, mwires, loches, medowes, aikers and uthers perteining to the said burgh, alsweill in propertie as comountie, in ane haill and frie burgh royall to be callit in all tyme coming, as of befor, the burgh of Hadingtoun. And quhairby his hienes said umquhile darrest father of worthie memorie, with consent forsaid, hes givine, grantit, and for his hienes and his successors perpetuallie confirmit to the saidis proveist, baillies, counsall and commwnitie of the said burgh and thair successors present and being for the tyme heretablie all and haill the Mwire of Glaidismwire, with the pertinents and commoun gait leiding thairto, lyand neir the libertie and territorie of the said burgh, within the shirefdome of Edinburgh and constabularie of Hadingtoun (excepting and reserving alwayes to and in favours of Thomas, than earle of Melros, now earle of Hadingtoun, lord Byres and Binning, than president of the colledge of justice and secretar to his hienes said umquhile darrest father, his airs male and successors, thes pairts of the said Mwire of Glaidismwire speciallie mentionat in the said chartor perteining to him heretablie, and thairby exceptit and reservit to him and his forsaidis in maner thairin contenit). As also gave, grantit and disponit to the saidis proveist, baillies, burgeses, counsall and comwnitie of the said burgh and thair successors present and being for the tyme, all and haill thes aikers of land callit Ranfeglenis Aikers, and twa aikers of land callit Hangmanes Aikers, and all and haill the tua corne mylnes of the burgh of Hadingtoun, with the multors and sequells thairof, mylehauches and mylnelands of the samyne, and all and haill the port of Aberladie lyand in the bossome of Pepher Water and commoun gait leiding to the said port, togider with the hous of the said burgh cituat be the said port and schoire thairof, commounlie callit the towne of Hadingtounes hous, with the anchorage moneyes and uthers priveledges, customes, proffeitts and dewties of ane frie port, with the mercatt weiklie upon Satterday and tua publick frie yeirlie fairs, the ane thairof to be haldin yeirlie in the feast of Sanct Piter nixt and immediatlie following the feast of Sanct Johne the Bapteist, callit Midsommer, and thaireftir continewing be the space of aucht dayes, and the uther of the saidis thrie fairs to be haldin yeirlie within the said burgh and all uther places thair about usit and wont, beginnand yeirlie the tuentie nynt day of September and thaireftir to continew and indure for the space of uther aucht dayes, to be callit Michaelmis Fair in all tyme coming, with all tolles, customes and uthers priveledges, liberties and immwnities of auld belonging to the said burgh of Hadingtoun, togider with all and sundrie lands, anuelrents and possessioun quhatsumever perteining to the said burgh of befor, and with the office of shirefschip within the said burgh, libertie and territorie thairof, quhilk burgh of Hadingtoun and the saidis tenements, aikers, anuelrents, frie port, anchorage, tounehous, office of shirefschip and uthers abonewrittine pertenit of befor to the said burgh of Hadingtoun, and quhilk Mwire of Glaidismwire pertenit of befor to the said burgh of Hadingtoun, and to the said Thomas, now earle of Hadingtoun, and wer lawfullie resignit be thame and thair procuratoris in thair names in the hands of his hienes said umquhile darrest father and his commissioners in his majesties name, in favours and for the said infeftment thairof to be maid and givin be his hienes said umquhile darrest father to the saidis proveist, baillies, burgeses, counsall and commwnitie of the said burgh of Hadingtoun and thair successors, in maner thairin contenit. And quhairby his hienes said umquhile darrest father of worthie memorie, for the causes thairin contenit, of new gave, grantit and disponit to the saidis proveist, baillies, counsall and commwnitie of the said burgh of Hadingtoun, and thair successors present and to come, all and haill the said burgh of Hadingtoun, and all and haill the said Mwire of Gladismwre, with the pertinents lyand as said is (excepting and reserving to the said Thomas, earle of Hadingtoun and his forsaidis the pairts and portiones of the said mwire thairin exceptit and reservit as said is), and siclyk all and haill the saidis aikers callit Ranfeglenis Aikers, the saidis tua aikers callit Hangmanes Aikers, and all and haill the saidis tua corne mylnes of the said towne of Hadingtoun, with the multors and sequells thairof, mylnehauches and mylnelands of the samyne, and of all and haill the said port of Abirladie in the said bossome of the said water of Pepher and commoun way leiding thairto, togider with the said burgh hous, callit the towne hous, situat besyde the said port and schoire of the towne of Aberladie, commounlie callit the hous of the burgh of Hadingtoun, with the anchorage moneyis and uthers priveledges, customes, proffeitts and dewties of ane frie port, togider also with all and sundrie uthers priveledges, annuelrents and possessioun quhatsumever perteining and belanging to the said burgh in any tyme bygaine, and making, constituting and ordaining the saidis proveist and baillies of the said burgh of Hadingtoun and thair successors shireffs of Hadingtoun within the burgh, libertie and territorie thairof, with ample powers and priveledges to the saidis proveist, baillies, counsall and commwnitie of the said burgh and thair successors anent the said burgh and uthers abonewrittine in maner contenit in the said chartor, to be haldine of his hienes said umquhile darrest father and his successors in frie burgage, fie and heretage for ever, as the said chartor wnder the great seale of the dait the threttie day of Januar, the yeir of God jM vjC tuentie and four yeirs at mair lenth proports, with the precept of sasing following thairupon, wnder the testimonie of the said great seale of the samyne dait, and instrument of sasing following thairupon of the dait the [...] day of [...], the yeir of God jM vjC tuentie [...] yeirs, in all and sundrie the heads, pointes, pases, clauses, articles, circumstances and conditiones thairin contenit, and eftir the forme and tennor thairof in all pointes. And oure said soverane lord and estates of parliament wills and grants and, for his hienes and his successors, decernes and ordaines that this present generall ratificatioun of the said infeftment, chartor, precept and sasing abonewrittine is, and sall be, of als guide force, strenth and effect to the saidis proveist, baillies, counsall and commwnitie of the said burgh of Hadingtoun and thair successors for bruiking and joysing of the said burgh lands, mwire, aikers, mylnes, mylnelands, mylnehauches, office of shirefschip, port, harberie, anchorage, money, townehous, gaits, passages and all uthers priveledges, liberties, immwnities, customes, commodities, casualities and uthers forsaidis perteining and belonging to the said burgh, with all uthers lands and annuelrents perteining and belonging to the said burgh and haill priveledges and liberties thairof speciallie and generallie contenit in the said infeftment, and uthers quhatsumever perteining and belonging to ane frie burgh royall, as if the said chartor, precept and sasing wer all at lenth de verbo in verbum ingrossit, insert and contenit in the said ratificatioun; quhairanent, and with all uther defects and imperfectiones quhilks may be proponit againes the said chartor, precept and sasing or any of thame or this present ratificatioun thairof and validities of the samyne, oure said soverane lord and estates of parliament hes dispensit and be thir presents dispenses for ever. And becaus be the said infeftment thair is onlie power and priveledge givin and grantit to the proveist, baillies, counsall and comwnitie of the said burgh of Hadingtoun and thair successors to have and to had thairin ane mercatt day ouklie upon Satterday, quhilk ouklie mercatt is not able to furnische the said burgh and his hienes lieges resorting thairto in fresche meitts and uther necessar commodities fra the ane mercatt day to the uther, being aucht dayes betuixt, speciallie in the sommer seassoun, the said burgh of Hadingtoun, being ane burgh that lyes in the hie way betuixt Lundon and Edinburgh, quhairinto haith cuntrie men and straingers going and coming continuallie now repairs, thairfor, and for the better furnisching of the said burgh and inhabilitating of thame to serve his majestie and lieges duelling thairin and resorting thairto at all tymes, oure said soverane lord and estates of parliament gives and grants power and libertie to the saidis proveist, baillies, counsall, burgeses, inhabitants and comwnitie of the said burgh of Hadingtoun and thair successors to have and to had ane uther mercatt ouklie in the said burgh one Weddinsday in all tyme coming, by and attour the said mercatt quhilk they have ouklie one Satterday, and that siclyk als frilie and in the samyne maner as the said mercatt is haldin ouklie within the said burgh one Satterday, and to receave and uptak the tolls, customes and uther dewties and commodities of the said Weddinsday mercatt and to use all the priveledges of the said Weddinsdayes mercatt siclyk and als frilie as they doe one the said Satterdayes mercatt; quhairanent thir presents sall be ane sufficient warrand to the saidis proveist, baillies, counsall, burgeses, inhabitants and commwnitie of the said burgh and thair successors and all uthers persones haunting and frequenting to the said burgh and mercatts thairof in all tyme coming, and ordaines publicatioun to be grantit heirupon to that effect in dew forme as effeirs.
[1633/6/103]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and thrie estates of this present parliament ordaines ane ratificatioun to be maid thairin to and in favours of the proveist, baillies, counsall and commwnitie of the burgh of Bruntiland and thair successors, ratifiand, approveand and, for his hienes and his successors, perpetuallie confirmand the infeftment and chartor maid, givin and grantit be oure said soverane lord, for himselff and as now lord of the lordschipe of Dumfermling, and having undoubted richt to the haill lands and rents belonging thairto, with advyse and consent of his hienes principall thesaurer, deputtie thesaurer and remanent lords and uthers of his hienes exchekker of Scotland, his majesties commissioners, to and in favours of the saidis proveist, baillies, counsall and commwnitie of the said burgh of Bruntiland and thair successors, quhairby oure said soverane lord, with advyse and consent forsaid, for the causes thairincontenit, hes not onlie ratifiet, approvine and confirmit all and sundrie infeftments, erectiones, gifts, actes of parliament, richts, titles and secuirities quhatsumever with all and sundrie priveledges, liberties, easments, commodities and immwnities quhatsumever thairin contenit maid and grantit be his hienes umquhile darrest father James, king of Great Britaine, France and Ireland, defendar of the faith, of worthie memorie, umquhile Marie, queine of Scottes, his guiddame, and umquhile King James the Fyft, his grandsir, or any of thame, thair regents or governors for the tyme, or be any uthers his hienes predicessors, or be any of the abbottes of Dumfermling for the tyme, to and in favours of the said burgh of Bruntiland, proveist, baillies, counsall and commwnitie thairof, to remaine with thame and thair successors perpetuallie in all tyme coming, bot also oure said soverane lord, for himselff and as now lord of the said lordschip of Dumfermling, of his hienes kinglie power and authoritie regall, with advyse and consent forsaid, hes of new givin, grantit and disponit to the saidis proveist, baillies, counsall and commwnitie of the said burgh of Bruntiland and thair successors heretablie all and haill his hienes said burgh of Bruntiland, haill lands, tenements, borrow ruides and commounties thairof and all thair pertinents lyand within the shirefdome of Fyffe, boundit and limitat in maner speciallie and particularlie specifiet and sett downe in the said chartor, togider with the port and harberie of the said burgh of Bruntiland, callit the Port of Grace, with the indraucht thairof and prymegilt of all shipes coming to the said port and libertie of the said burgh to be uptakine and collected be the proveist and baillies of the said burgh in all tyme coming, togider with the [...] tolles, customes, fyse, bolles and uthers quhatsumever perteining to ane frie burgh royall and all thair pertinents; as als of new erecting the said burgh of Bruntiland, with the port and harberie thairof forsaid, and all and sundrie the commodities and pertinents thairof in ane frie burgh royall, and makand and constituand the saidis proveist and baillies of the said burgh of Bruntiland and thair successors proveist and baillies thairof, water baillies within all the bounds, limitts, libertie and jurisdictione of the said burgh for administratione of justice in all and quhatsumever causes and actiones quhilks in tyme coming, ather be sea or land, sall occurre within the bounds and limeits forsaidis, concerning alsweill the inhabitants of the said burgh as straingers, with ample power and priveledge of buying and selling of all sort of merchandice, staple guides, fairs, mercatts and uthers liberties and priveledges at lenth specifiet and sett downe in the said chartor, to be haldine be the saidis proveist, baillies, counsall and commwnitie of the said burgh of Bruntiland and thair successors, of oure said soverane lord and his hienes successors kings of Scotland, in frie burgage and frie burgh royall for ever, as the said chartor of the dait the nynteine day of Februar, the yeir of God jM vjC threttie tua yeirs at mair lenth proports, with the precept of sasing following thairupon wnder the testimonie of his hienes great seale of the same dait, and the instrument of sasing following thairupon of the dait the tuentie sevint day of July, the yeir of God jM vjC threttie tua yeirs, wnder the signe and subscriptione of Maister Andro Wilsone, notar publick, in all and sundrie the heads, pointes, clauses, articles, circumstances and conditiones thairin contenit and eftir the formes and tenors thairof in all pointes. And oure said soverane lord and estates of parliament wills and grants and, for his hienes and his successors, perpetuallie decernes and ordaines that this present ratificatioun of the said infeftment, chartor, precept and sasing following thairupon is and sall be als effectuall and sufficient and of als great strenth, force and effect to the saidis proveist, baillies, counsall and commwnitie of the said burgh of Bruntiland and thair successors for bruiking of the said burgh lands, tenements, borrow rudes, commounties, tolles, customes, fyses, bolles, port, harberie, office of water bailliarie, mercatts, fairs and haill remanent priveledges and liberties thairin contenit and perteining to ane frie burgh royall, as if the said chartor, precept and seasing wer all at lenth de verbo in verbum ingrossit, insert and contenit in the said ratificatioun, notwithstanding the samyne sall not be sua done; quhairanent, and with all uther defects and imperfectiones of the said ratificatioun, oure said soverane lord and estates of parliament sall dispenses and, be thir presents, dispenses for ever, and that the said ratificatioun be farder extendit in the best forme with all clauses necessar.
[1633/6/104]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates of parliament now presentlie convenit, ratifies and approves and, for his hienes and his successors, perpetuallie confirmes the chartor and infeftment, ratificatioun and new erectioun thairin contenit grantit be our soverane lords umquhile darrest father, King James the Saxt, of happie and blissed memorie, wnder his hienes great seale, to the proveist, baillies, counsall, commwnitie, burgeses and inhabitants of the burgh of Bamffe and thair successors, of the said burgh of Bamffe, with all and sundrie houses, tenements, biggings, yeards, aikers, waists, toftes, crofts and uthers lyand within the borrow ruides and territorie of the samyne, with the fischings, weiklie mercatts, frie faires, tolles, customes, priveledges, liberties, immwnities, casualities and uthers immwnities speciallie and particularlie at lenth mentionat, insert and contenit in the said chartor and infeftment, as the samyne of the dait at Edinburgh, the fyft day of July, jM vC nyntie tua yeirs, togider with the precept of sasing direct furth of his hienes chancellarie wnder his hienes quarter seale of the dait of the said chartor, with the instrument of sasing following thairupon of the dait the tuentie thride day of December, the yeir of God jM vC fourscoir tuelf yeirs, in all and sundrie the heads, pointes, clauses, articles, circumstances and conditiones thairin contenit and eftir the formes and tennors thairof in all pointes. Lykas oure said soverane lord, with advyse and consent of the saidis estates of this present parliament, wills and grants and, for his hienes and his successors, perpetuallie decernes and ordaines that this present ratificatioun is and sall be als valide, sufficient and effectuall to the saidis proveist, baillies, counsall, commwnitie, burgeses and inhabitants of the said burgh of Bamffe and thair successors as if the said chartor and infeftment, ratificatioun and new erectioun thairin contenit, with the haill priveledges, liberties and immwnities thairin mentionat, with the saidis precept and instrument of sasing following thairupon, war all heirin at lenth de verbo in verbum speciallie and particularlie ingrossit and contenit; quhairanent oure said soverane lord, with advyse and consent forsaid, for his hienes and his successors, hes dispensit and be thir presents dispenses for ever.
[1633/6/105]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of this present parliament have ratifiet, approvin and confirmit and, be the tennor heirof, ratifies, approves and confirmes the chartor and infeftment of erectioun of the towne and lands of Pittinweyme, with the pertinents, lyand within the shirefdome of Fyffe, in ane frie burgh regall grantit be his majesties umquhile darrest grandsir, King James the Fyft, of happie and blissed memorie, to umquhile Johne, pryor of Pittinweyme and convent thairof, wnder the great seale, of the dait at Sanctandrois, the tuentie fourt day of Februar, jM [...] yeirs, and of his hienes raigne the tuentie aucht yeir, togider with the tua chartors and infeftments grantit be the said umquhile Johne, pryor of Pittinweyme and convent of the said pryorie, to the proveist, baillies, counsall, comwnitie, burgeses and inhabitants of the said burgh of Pittinweyme, of all and haill the said burgh of Pittinweyme as the samyne was than buildit, or to have beine buildit, and was creatt to the said pryor and convent in the said burgh regall as said is, and of the reid, port, heavine and harberie thairof, and all and sundrie mures, moses, waist ground, comoun wayes, loynes and uthers comounties, liberties, immwnities, customes, anchorages, priveledges and commodities perteining and belonging thairto at lenth exprest and sett downe in the saidis chartors, quhilks ar of the dait the tuelt day of Februar, the yeir of God jM vC fourtie sevine yeirs, with the precepts and instruments of sasing respective following thairupon, togider also with the chartor and infeftment grantit be his majesties umquhile darrest father, King James the Saxt, of happie memorie, to the baillies, counsall, burgeses and commwnitie of the said burgh of Pittinweyme and thair successors, of all and haill that great hous or ludging of the monastarrie of Pittinweyme lyand within the burgh thairof forsaid, at lenth designit in the said chartor, quhilk is of the dait the tuentie fyft day of July, the yeir of God jM vC fourscoor and thretteine yeirs, with the precept and instrument of sasing following thairupon, in all and sundrie heads, pointes, articles, clauses, circumstances and conditiones of the saidis chartors, infeftments, precepts and instruments of seasing respective; and wills, grants and declairs that this present generall ratificatioun and approbatione thairof is, and sall be, als valide, effectuall and sufficient to the saidis proveist, baillies, counsall, commwnitie, burgeses and inhabitants of the said burgh of Pittinweyme and thair successors as if the samyne chartors, infeftments, precepts and instruments of sasing respective, and everie ane thairof, wer at lenth word be word ingrost and sett downe thairintill, anent the quhilk and all faults and imperfectiones thairof, or that may be proponit or alledgit in the contrair, or of this present generall ratificatioun and approbatione of the samyn, his majestie and estates forsaidis have dispensit and, be thir presents, dispenses for ever. Attoure, forsameikle as the pryorie of Pittinweyme was erectit be his majesties said umquhile darrest father to umquhile Frederick Stewart, lord Pittinweyme, in ane temporall lordschip callit the lordschip of Pittinweyme, quhilk thaireftir was disponit be the said umquhile Frederick to Thomas, earle of Kellie, quha was infeft thairin, haldin of oure said soverane lord, quhilk Thomas, earle of Kellie sensyne, according to the generall submissione anent the superiorities of erectione, with consent of umquhile Alexander, lord Fentoun, his sone, at the least they both resignit and surranderit the superioritie of the said erectit lordschip of Pittinweyme in the hands of oure said soverane lord, ad perpetuam remanentiam, sua that his hienes is now become in place of the old pryors and of the lait lords of erectione of Pittinweyme, and thairby hes guid and wndoubted richt to the superioritie thairof. And now his majestie and estates forsaidis, considering that the said burgh of Pittinweyme beirs burdeine with the borrowes royall of this his majesties kingdome of Scotland, and that it is most fitt and expedient that the samyne be also erectit in ane burgh royall inrespect the samyne is very populous, and hes ane guid and saiff harberie alreadie build upon the charges and expenses of the inhabitants of the said burgh, thairfor oure said soverane lord and estates of this present parliament have erectit, constituit, creat and ordanit and, be the tennor heirof, erects, constituites, creatts and ordaines the said burgh of Pittinweyme comprehending the haill houses, tenements, lands and comounties lyand betuix the burgh of Anstruther Wester one the eist, the lands of Sanct Monans and Abercromie one the west, and the lands of Balcaskie and Graingmuire one the north (exceptand alwayes the commounties be eist the march staines perteining to Anstruthar wester and mylnetowne[)], in ane haill and frie burgh royall, to be callit now and in all tyme coming heireftir the burgh of Pittinweyme; and declairs, statuites and ordaines the said burgh of Pittinweyme, comprehending the houses, tenements, lands and commounties forsaidis, now to hold immediatlie of oure said soverane lord and his hienes successors siclyk and als frilie in all respects as any uther burgh royall withine this kingdome ar haldine, and to have voitt in parliament, conventiones of estates and generall counsalls and commissiones of borrowes and in all uther lawfull meittings and assemblies quhair burghes royall of this kingdome hes place of sitting and woitting; and, if neid be, is ordaines ane chartor and infeftment to be exped thairupon wnder his hienes great seale in sick dew, large and ample forme and maner as is requisit and as hes beine in use to be grantit to any uther burgh royall within this realme conteining all priveledges, friedomes, liberties and immwuities dew thairto. In the parliament haldin at Edinburgh, the tuentie aucht day of Junii, the yeir of God jM vjC threttie thrie yeirs, comperit be thair procurators Thomas, earle of Kellie and Thomas, now lord Fentoun, and protestit that nather the signature and richt grantit or to be grantit be our soverane lord in favours of the towne of Pittinweyme for erecting of the samyne in ane frie burgh nor the ratificatioun past or to be past be his majestie at this present parliament in favours of Sir Williame Anstruther of that Ilk, knicht, of and concerning the Mylne of Pittinweyme, sall nawayes be hurtfull and prejudiciall to thame or any of thame anent the richts and secuirities maid and grantit be his majestie and his predicessors of befor in favours of the said Thomas, earle of Kellie and the said Thomas, now lord Fentoun, of the lands and lordschip of Pittinweyme and Anstruther Wester. Quhilk protestatione our said soverane lord and estates of this present parliament hes admitted and be thir presents admitts.
[1633/6/106]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaits of this present parliament ordaines ane ratificatioun to be maid thairin to, and in favours of, his hienes lovitts the baillies, counsall and commwnitie of the burgh of Selkirk and thair successors, ratifiand, approveand and for his hienes and his successors perpetuallie confirmand, lykas be the tennor heirof oure said soverane lord and estates of parliament be thir presents ratifies, approves and, for his hienes and his successors, perpetuallie confirmes the particular and severall chartors wnderwrittine, viz: ane thairof maid, givin and grantit be umquhile King James the Fyft of worthie memorie to the burgeses and commwnitie of the said burgh of Selkirk, wnder the great seale, of the dait at Sanct Androis, the fourt day of Marche, the yeir of God jM vC threttie fyve yeirs, quhairby the said umquhile King James the Fyft, for the reassonable causes thairin contenit, of new infeft, gave, grantit and for ever confirmit to the saidis burgeses and comwnitie of the said burgh of Selkirk the samyne burgh of Selkirk in ane frie burgh as the samyne was of befor in maner mentionat in the said chartor in all tyme coming, with all and sundrie comoun lands and possessioun quhatsumever perteining to the said burgh with ample liberties and priveledges contenit thairin, to be usit and possest be the saidis burgeses and commwnitie of the said burgh als frilie and in the samyne maner as any uther burgh within the kingdome of Scotland exerceis and posseses the liberties thairof, to be haldin of the said umquhile King James the Fyft and his successors in frie heretage and frie burgage for payment of the borrow maills and dewties usit and wont to be payit furth thairof of befor; ane uther of the saidis chartors, lykwayes maid, givin and grantit be the said umquhile King James the Fyft of worthie memorie to the saidis burgeses and comwnitie of the said burgh of Selkirk, wnder the great seale, of the dait at Edinburgh, the aucht day of Apryll, the yeir of God jM vC threttie aucht yeirs, ratifieing and approving thairin the said former chartor speciallie abonementionat, and als thairby the said umquhile King James the Fyft hes of new infeft, givin and disponit to the saidis burgeses and commwnitie of the said burgh of Selkirk the samyne burgh of Selkirk in ane frie burgh as of befor for ever, with all and sundrie comoun lands, priveledges and possessiones quhatsumever belonging thairto, and at lenth specifiet in the said former chartor abonewrittine; and ane uther chartor also maid, givin and grantit be the said umquhile King James the Fyft of worthie memorie to the saidis baillies and commwnitie of the said burgh of Selkirk and thair successors, wnder his hienes great seale, of the dait at Sanct Androis, the second day of October, jM vC and fourtie yeirs, quhairby the said umquhile King James the Fyft gave, grantit and committed to the saidis baillies and comwnitie of the said burgh present and to come and thair successors certane liberties, licences and priveledges mentionat in the said chartor, as the saidis thrie severall chartors of the daits respective forsaidis in thameselffes mair amplie proports, with all and sundrie precepts of sasing and instrument of sasing following upon the saidis chartors or any of thame of quhatsumever dait, tennor or contents the samyne be of, and all and quhatsumever uther chartors, infeftments, precepts, sasings, confirmationes, actes, sentences, decreitts, exchecker rolles, richts, titles and secuirities, letters, wreatts, evidents, donationes, giftes, liberties, commodities, immwnities and priveledges thairin contenit maid, grantit or confirmit be his hienes umquhile darrest father of worthie memorie or any uthers his majesties most noble progenitors, kinges or queines of Scotland, thair regents or governors for the tyme, to the said burgh of Selkirk, baillies, burgeses and inhabitants of the samyne, thair predicessors or successors, of, upon and concerning the said burgh of Selkirk, lands, rents, possessiones, mylnes, multors, comounties, mercatts, fairs, customes, office of shirefschip, priveledges and liberties quhatsumever perteining and belonging thairto, or of any of thame or any pairt thairof of quhatsumever forme or formes, content or contents, dait or daits the samyne be of, in all and sundrie the heads, pointes, pases, clauses, articles, circumstances and conditiones thairin contenit, and eftir the formes and tennors thairof in all pointes. And our said soverane lord and estates of parliament wills and grants and, for his hienes and his successors, decernes and ordaines that the generalitie of the said ratificatioun is, nor sall be, nowayes hurtfull nor prejudiciall to the specialitie thairof abonespecifiet, nor be the contrair the said specialitie nowayes to be prejudiciall to the generalitie forsaid; as also wills, grants, decernes and ordaines that this present ratificatioun is and sall be of als great force, strenth and effect to the saidis baillies, counsall, burgeses, and commwnitie of the said burgh of Selkirk and thair successors for bruiking and joysing of the said burgh of Selkirk and all and sundrie the lands, possessiones, mylnes, multors, mercatts, fairs, tolles, customes and all uther liberties, priveledges, immwnities and uthers belonging thairto, as if the saidis haill infeftments and uthers richts speciallie and generallie abone writtine maid to thame and thair predicessors thairupon wer at lenth de verbo in verbum speciallie and particularlie heirin insert and contenit, notwithstanding that the samyne be not sua done; quhairanent oure said soverane lord and estates of parliament hes dispensit and, be thir presents, for his hienes and his successors, dispenses for ever, and that the said ratificatioun be farder extendit in dew forme with all clauses necessar with speciall provisioun alwayes. Lykas it is heirby speciallie provydit that this present ratificatioun nor na head nor conditione heirof sall nawayes be hurtfull nor prejudiciall to the Earle of Roxburgh and his tennents, nor to the heretors and possessors of any pairt of the lands belonging to the sumtyme abbacie of Kelso, as also Andro Riddell of Hayning anent thair richt and possessioun of any pairt of the commoun callit the comoun of Selkirk, bot that the saidis richts and possessioun sall be speciallie reservit as accords of the law. And lykwayes that the samyne sall nowayes be hurtfull or prejudiciall to Williame, marques of Dowglas, nor to Sir [...] Murray of Phillophauch, knicht, thair tennents, heretors and possessors of any pairt of the lands callit the comoun of Selkirk, bot that the saidis richts and possessioun sall be reservit to thame as of befor notwithstanding of the said ratificatioun.
[1633/6/107]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of this present parliament, having consideratione of the trew and thankfull service done to his majestie and his most noble progenitors of most blissed memorie be the burgh and towne of Air, ordaines ane act to be maid ratifiand and approveand and, for his hienes and his successors, perpetuallie confirmand that chartor and infeftment of the dait at Quhytehall, the fyfteine day of Marche, jM vjC tuentie ane yeirs, givin and grantit be his majesties umquhile darrest father, King James the Saxt, of blissed memorie, in favours of the proveist, baillies, counsallors and comwnitie of the burgh of Air and thair successors, confirmand to thame thair first originall chartor grantit to thame be his hienes most noble predicessors umquhile Williame, king of Scottes, of most blissed memorie, of the towne and burgh of Air, haill priveledges and immwnities thairin contenit, as lykwayes that chartor and infeftment grantit to thame be umquhile Robert, king of Scottes, quhairby he hes disponit to the burgeses and inhabitants of the said burgh of Air and thair successors the same burgh of Air, with all and sundrie lands perteining thairto, and with the port or harberie thairof and fischings of the samyne, customes, mylnes, multors, frie fairs, mercatt dayes and uthers thairin contenit, of the dait the tuelt day of September, jM and four hundreth yeirs, togider with all and sundrie uthers infeftments, chartors, donationes and dispositiones quhatsumever maid and grantit be his majesties said umquhile darrest father, or any of his most noble progenitors, to the said burgh of Air of all and quhatsumever lands, baronies, mylnes, multors, frie port customes, fischings, offices, frie fairs, mercatt dayes, liberties and priveledges quhatsumever contenit thairintill, bearand lykwayes ane dispensatione tuitching the generalitie and decerning the samyne to be als valide as if everie particular chartor and wreatt had beine at lenth verbatim insert thairintill; and conteining lykwayes thairintill ane new gift be his majesties said umquhile father in favours of the said towne of Air of the same burgh, with all and sundrie lands, baronies, mylnes, multors, customes, fischings, annuelrents and uthers richts, priveledges and pertinents quhatsumever perteining thairto and specifiet in thair haill former infeftments and wreatts, and makand thame and thair successors heretable shireffs and justiciars of peace within the said burgh and haill bounds and marches thairof for ever in all tyme thaireftir, disponing to thame the haill liberties and priveledges belonging to the saidis offices, as in the said chartor wnder the great seale conteining divers uthers heads and conditiones at mair lenth is contenit, togidder with all and sundrie uthers chartors, infeftments, gifts, dispositiones and uthers quhatsumever maid and grantit be our said soverane lord or be his hienes said umquhile darrest father or any uthers his majesties most noble progenitors, kings and queines of Scotland, to and in favours of the said burgh and inhabitants thairof of the samyn or of quhatsumever lands, baronies, mylnes, multors, frie ports or harberies, customes, fischings, annuelrents, offices of shirefschip and justiciarie, uthers offices quhatsumever, frie fairs, mercatt dayes, liberties, priveledges, escheatts, amerciaments and uthers quhatsumever perteining and belonging thairto, or quhairof they or thair predicessors have beine or may be in possessioun or anywayes sett downe and contenit in thair or any of thair infeftments of the said burgh of quhatsumever daits, tennor or contents the samyne be of, in all and sundrie heads, clauses†, articles, obleisments, pointes, pases, circumstances, articles and conditiones of the samyn quhatsumever specifiet and contenit thairintill, dispensand with the generalitie abonewrittine, and admittand, decernand and declairand the samyne to be als valide and sufficient and of als great force and strenth in all respects as if everie particular chartor and infeftment or uther wreatt wer speciallie at lenth verbatim insert heirintill. Lykas our said soverane lord and estates forsaidis of this present parliament wills, grants, declairs, statuits and ordaines that the saidis proveist, baillies, counsall and commwnitie of the said burgh of Air and thair successors sall peaciblie bruik, joyse and possess the forsaid burgh, with all and sundrie lands, baronies, mylnes, multurs, frie ports or harberies, customes, tholnies and uthers particularlie and generallie abonomentionat, perteining or that any wayes may be knawin to perteine and belong thairto at thair pleasure as thair heretage als frilie in all respects as any uther burrow within this realme, eftir the forme and tennor of the infeftments particularlie and generallie abonewrittine, grantit to thame and thair predicessors thairanent perpetuallie in all tyme coming, but any stop, trouble or impediment quhatsumever to be maid or moved in the contrair be any persone or persones quhatsumever, notwithstanding of any defect and infermitie if any be contenit in the saidis infeftments and donationes or ather of thame; quhairanent our said soverane lord, for his hienes and his successors, with advyse and consent of the saidis estates of parliament, hes dispensit and dispenses, ordaining the forsaid act to be ane sufficient supplement of all faults and defects if any be contenit in the saidis infeftments and againes all actioun and questiounes quhatsumever that can be maid or moved in the contrair. And our said soverane lord, with advyse and consent of the saidis estates, decernes and ordaines this present act to be insert and registrat in the buikes of parliament, and to have the strenth, force and effect of ane law and statuite of parliament with all executione to follow thairupon in forme as effeirs, and letters of horning if neid be is to be direct upone ane simple charge of ten dayes allanerlie.
[1633/6/108]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the thrie estates of this present parliament, be the tennor heirof, ratifies and approves the chartor maid and grantit be his majesties umquhile darrest father of worthie memorie, wnder his hienes great seale, of the dait at Halyrudhous, the first day of Januar, the yeir of God jM vC fourscoir ellevine yeirs, conteining ane ratificatioun of all and sundrie chartors, infeftments and confirmationes, richts, titles, secuirities, letters, wreatts and evidents, donationes, concessiones, liberties, immwnities and priveledges thairin contenit, maid, givin and grantit be his majesties said umquhile darrest father and his hienes most noble progenitors, kings and queines of Scotland, to the burgh of Invernes, proveists, aldermen, baillies, counsall and commwnitie thairof and thair successors particularlie and generallie mentionat in the said chartor, and be the quhilk chartor his majesties said umquhile darrest father of new sett in fewferme to the saidis proveist, baillies, counsall, burgeses, and comwnitie of the said burgh of Invernes and thair successors for ever, all and haill the forsaid burgh of Invernes, lands, territories and comounties thairof; and all and sundrie the lands, tenements, houses, biggings, kirks, chappells, chaplanries, orcheards, yeards, aikers, toftes, crofts, mylnes, millands, fischings alsweill of salmond as uther fishes, alsweill in the salt as in the fresche watters, annuelrents, fruites, rents, places, mansiounes, maners, wodes, dewties, proffeits, emoluments, kirkyeards, fermes, almes, obites, anevarsaries, commounties, liberties, immwnities and uthers quhatsumever, alsweill ecclesiastick as secular, alsweill contenit and mentionat in the saidis former chartors, infeftments, confirmationes, richts, titles, secuirities, letters, wreatts, evidents, donationes and concessiones respective as lyand in the said burgh of Invernes, or in the territories, parochine, commountie and libertie thairof, with all and sundrie thair tennents, tennandries, service of frie tennents, fruites, commodities, annexis, connexis, pairts, pendicles, priveledges and pertinents quhatsumever; as also all and sundrie the lands of Draikes and forrests thairof, the lands of Merkinsche with the comoun pasturage perteining thairto, callit of auld Burghauch, lyand betuix the mont and the water, with the wodpark betuix the hight of the said mont and the said hauch, togider with all the lands of the said burgh of Invernes callit the Barnehills, Claypotts and Milliefield, and comoun lands callit the Kerse, the lands callit the Cairnelawes boundit and merchit in maner specifiet in the said chartor; as also all and haill the comoun mure of the said burgh and all and haill the water of Ness, and haill pairts one both the sydes thairof, betuix the stane callit Clauchnahaggage and the sea, with all fischings, alsweill of salmond as quhyt fishes, ports, harberies and cruikes, priveledges, proffeits and commodities of the said water and of, in and upon the samyne water one baith the sydes thairof fra the said stane to the sea quhairin the said water rines at the fisching callit the Stell, and with the fisching of the puile callit the Reidpule one the west pairt of the ferrie of Kessock, and with all and sundrie fischings, alsweill of salmond as quhyt fisches, and all the ports, harberies, heavines and cruikes, priveledges and comodities of the mouth of the said water of Ness, and of, in and upon the said mouth one baith the pairts and sydes thairof, with certane priveledges and liberties mentionat in the said chartor; and all and haill the ferrie of Kessok and landing places thairof, one baith the pairts and sydes of the said ferrie and of the said water of Ness and priveledges thairof mentionat in the said chartor; and lykwayes all and sundrie the mylnes of the said burgh callit the Kingis Mylnes, millands, sequells and sucken thairof, with the astrict and dry multors of the castellands and uthers lands quhilks pertenit of auld to the saidis mylnes, being of auld upon the said water of Ness, one the south pairt of the castell callit Canakhilmilne mentionat in the said chartor, and the thirlage thairin contenit. And quhairby lykwayes his majestie gave and grantit to the saidis proveist, baillies, counsall, comwnitie and burgeses of the said burgh of Invernes and thair successors that they sall be within thameselffes crowners and sall have within the said burgh the libertie and jurisdictioun in all justice airs and justice courts and uthers courts quhatsumever of crowners to be electit of thair conburgeses, inhabitants of the samyn burgh, be the proveist, baillies and counsall thairof and thair successors at thair pleasure yeirlie and for sa lang tyme as they sall think expedient; and lykwayes that they sall have within thameselfes ane shireff of thair conburgeses, inhabitants of the samyne burgh, to be electit and chosine be the proveist, baillies and counsall thairof and thair successors at thair pleasure yeirlie and for sa lang tyme as they sall think expedient, quhilks crowners and shireffs and thair successors, quha for the tyme sall be crowners and shireffs of the said burgh of Invernes, be the said chartor, his majesties said umquhile darrest father gave full power to have his hienes and his successors full libertie, power and authoritie to administrat, reule, exerceis and governe offices of crownarie and shirefschip within the said burgh of Invernes and libertie thairof, and within the lands, places, waters and uthers belanging to the said burgh be any maner of way; quhilk chartor conteines lykwayes divers and sundrie uther heads, donationes, concessiones, giftes, priveledges and immwnities at lenth thairinspecifiet in all and sundrie heads, pointes, articles, clauses and conditiones thairof quhatsumever, eftir the forme and tennor of the samyn, and declairs, statuits and ordaines this present confirmatioun of the chartor abonewrittine is and sall be als valide, effectuall and sufficient in all respects as if the samyn chartor had beine at lenth and word be word insert heirintill, dispensand heirby with the not inserting thairof. Lykas his majestie, with advyse and consent forsaid, finds, declairs, statuites and ordaines that the forsaid chartor grantit be his majesties said umquhile darrest father with this present ratificatioun thairof ar and sall be sufficient, lawfull and valeid richts and secuirities to the saidis proveist, baillies, counsall, burgeses, communitie and inhabitants of the said burgh and thair successors for bruiking and joysing perpetuallie in all tyme coming of the haill lands, tenements, fischings, ports, harberies and uthers priveledges and pertinents particularlie and generallie mentionat and exprest in the said chartor, quhilks ar and sall be haldin as particularlie repeittit and insert heirintill, dispensand heirby with the not repeitting and inserting thairof in this present ratificatioun. It is alwayes provydit that this present ratificatioun sall nawayes be prejudiciall to Alexander Baillie of Dunneane, his airs and assignais anent thair infeftments and richts of the moses and muires perteining to his pairt of the castelands of Invernes, and namlie his pairt of the moses and muire of Cappulleach quhilk ar declarit be this present act to be reserved to the said Alexander Baillie and his forsaidis in thair awin full strenth, force and integritie as they wer bruikit and possest be him, his authors and predicessors of befor. And ordaining thir presents to be ane sufficient warrand to the clerk of register and his deputtes for extending of ane act heirupon in dew forme, with provisione lykwayes that the same ratificatioun sall nawayes be prejudiciall to [...], earle of Murray, nor to [...], lord Gordoun, thair richts and infeftments grantit to thame and thair predicessors, bot that the samyne sall remaine to thame wnhurt or prejudgit be this present ratificatioun past in favours of the said burgh of Invernes.
[1633/6/109]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the thrie estates of this present parliament, be thir presents ratifies and approves the chartor maid and grantit be his majestie wnder his hienes great seale of the dait the saxt day of Februar, jM vjC threttie yeirs, to and in favours of the baillies, counsallors and commwnitie of the burgh of Carraill and thair successors baillies, counsallors and commwnitie of the said burgh, conteining a ratificatioun of ane chartor grantit be his majesties umquhile darrest father in favours of the baillies and counsallors of the said burgh of Carraill thairin nominat, for thameselffes and in name of the remanent counsallors, inhabitants and commwnitie of the said burgh, of the colledge kirk and place callit the Proveistrie of Carraill, with the advocatioun, donatioun and richt of patronage of the said colledge kirk, proveistrie and prebendaries thairof, with all and sundrie chaplanes, choristes and prebendaries of the forsaid colledge kirk and uthers thairin mentionat, of the dait at Halyrudhous, the tent day of Maii, jM vC fourscoir and sevine yeirs, togider with the letters of ratificatioun and resignatione maid be Johne, lord Lindsay, with consent of his curators, of the dait the fyft, nynt, tuentie and tuentie fyft dayes of Januar and Februar, the yeir of God jM vjC and threttie yeirs, conteining ane ratificatioun of the forsaid chartor grantit be his majesties said umquhile darrest father to the saidis baillies and counsallors of the said burgh of Carraill of the forsaid colledge kirk, proveistrie and prebendaries thairof and uthers thairin mentionat and of certane uthers richts and titles maid in thair favours thairanent mentionat in the said ratificatioun, and als constituit certane his procurators to resigne the forsaid proveistrie of the said colledge kirk, advocatioun, donatioun and richt of patronage of the forsaid proveistrie and prebendaries thairof, orcheards, yeards, manses, gleibs, houses and biggings of the samyne with all teinds, fruites, rents, emoluments and dewties of the samyne perteining and belonging thairto, and of all uthers richts and infeftments of the samyn maid to the said Johne, lord Lindsay, and his predicessors and authors; and quhilk chartor grantit be his majestie lykwayes conteines ane dispositioun maid be his majestie to the saidis baillies, counsallors and comwnitie of the said burgh and thair successors baillies, counsallors and commwnitie thairof, of all and haill the forsaid colledge kirk and place callit the colledge of Carraill, proveistrie thairof, with the forsaid advocatioun, donatioun and richt of patronage of the said colledge kirk, proveistrie and prebendries thairof, with all and sundrie chaplanes, chorists, prebendars of the said colledge kirk, yeards, orcheards, houses and biggings thairof and situat within the samyne, with all and sundrie teinds, fruites, rents, emoluments, proffeits, dewties and anuelrents, alsweill within as without the said burgh, perteining and belonging to the said colledge kirk, chaplanries, choristries, and prebendries thairof, and with all and sundrie casualities, dewties, priveledges and pertinents of the samyn, quhatsumever knawin, or that sall happin to be knawin, to perteine and belong to the said colledge kirk and proveistrie thairof with thair pertinents forsaidis, to be haldin of his majestie and his successors in frie burgage with the precepts and instruments of sasing following upon the saidis tua chartors, and siclyk the letters of ratificatioun and procuratorie of resignatioun thairin contenit maid be Maister Patrick Myrtoun, proveist of the said colledge kirk of Carraill, with consent of the prebendares of the said colledge kirk, of the dait the last and fourteine dayes of Januar and Marche, jM vjC threttie tua yeirs, quhairby the said proveist ratifiet the forsaid chartor grantit be his majesties said umquhile darrest father; and lykwayes the forsaid chartor grantit be our said soverane lord himselff and the infeftments grantit to the said Johne, lord Lindsay, his predicessors and authors thairin mentionat, of the advocatioun, donatioun and richt of patronage of the said proveistrie and prebendries thairof, and quhairby the said proveist, with consent forsaid, constituit procurators for resigning of the said colledge kirk and place callit the colledge of Carraill and proveistrie thairof, with the patronage of the samyn and uthers abonespecifiet, in the hands of his majestie or his commissioners, in favours and for new infeftment of the same to be maid and grantit be his majestie to the saidis baillies, counsallors and commwnitie of the said burgh of Carraill and thair successors forsaidis, and lykwayes the instrument of resignatioun following upon the said procuratorie of the dait the tuentie fourt day of Marche, the said yeir of God jM vjC threttie tua yeires, in all and sundrie pointes, heads, articles and clauses thairin contenit, eftir the formes and tennors thairof. And declairs, statuits and ordaines this present ratificatioun of the forsaidis tua chartors, precepts and instruments of sasing following thairupon, and of the forsaidis letters of ratificatioun and procuratorie of resignatioun maid be the said proveist, with consent forsaid, and of the said instrument of resignatioun following thairupon is, and sall be, als valeid, sufficient and lawfull in all respects as if the samyn wer at lenth and word be word insert and ingrost heirintill, dispensing heirby with the not inserting thairof. And also finds, declairs, statuits and ordaines that the richts and secuirities abonespecifiet, with this present ratificatioun thairof, ar, and sall be, sufficient, valeid and lawfull richtes and secuirities to the saidis baillies, counsallors and commwnitie of the said burgh of Carraill and thair successors forsaidis for the peacible bruiking and joysing in all tyme coming of the forsaid colledge, kirk and place callit the colledge of Carraill, proveistrie thairof and the forsaid patronage of the said colledge, kirk, proveistrie and prebendries of the samyn and uthers abonespecifiet, ordaining thir presents to be a sufficient warrand to the clerk register and his deputtes to extend ane act of parliament heirupon in dew forme; with provisione and wnder protestatione that this present ratificatioun nor no pairt of the same sall be hurtfull or prejudiciall to Alexander Cwnighame, elder, of Barnes, and Johne Cwnighame, fiar thairof, of the takes, dispositiones and uthers richts grantit to thame be the said Lord Lindsay and Maister Patrick Mortoun, or be any uther persones quhatsumever, of the viccarage and thride fishes of the said burgh and parochine of Carraill, bot that the samyn sall remain with the said Alexander Cwnighame and Johne Cwnighame wnhurt or prejudgit be the said ratificatioun grantit in favours of the said burgh of Carraill; and lykwayes that the samyn ratificatioun sall be without prejudice to Sir James Learmonth of Balcolmie, knicht, his richts and infeftments quhilks he hes of the lands and uthers contenit in the said ratificatioun, bot that the same sall remaine with him as of befor, notwithstanding of the said ratificatioun.
[1633/6/110]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the thrie estates of this present parliament, ratifies, approves and confirmes the chartor maid and grantit be his majesties umquhile darrest father of worthie memorie, wnder his hienes great seale, of the dait at Edinburgh, the tuelt day of December, the yeir of God jM vjC and ellevine yeirs, containing ane confirmatione of all chartors, infeftments, sasings, confirmationes, erectiones, donationes, titles, licences and priveledges quhatsumever maid and grantit be his majesties said umquhile darrest father or be umquhile King Alexander, or be umquhile King David, or be umquhile King James the Fyft, or be any uthers his majesties progenitors to the burgh of Kinghorne, burgeses and inhabitants of the said burgh and thair predicessors and thair successors of the samyne burgh, and of all lands, heavines, harberies, milnes, loches, water ganges, anuelrents and uthers belonging to the said burgh or possest be thame, thair tennents and vassalls in thair name, at any tyme preceiding the dait forsaid of the said chartor, with all priveledges and immwnities thairin contenit and haill contents thairof, and conteining ane new erectioun and incorporatioun of the said towne and burgh of Kinghorne with all and sundrie houses, biggings, lands, tenements, yeards, aikers, waists, tofts, crofts, ruides, mylnes and uthers lyand within the borrow ruides and territorie thairof and uthers thairin mentionat, in ane frie burgh royall callit the burgh of Kinghorne. And lykwayes conteining ane new gift, assignatioun and dispositioun and incorporatioun to the said burgh, proveist, baillies, counsall and frie burgeses thairof and thair successors off all and sundrie houses, biggings, tenements, yeards, aikers, ruides, waists, tofts, crofts and uthers lyand within the saidis borrow ruides and territorie thairof, togider with the mylne lyand within the said burgh, callit the Nethir Mylne, millands, multers and suckin thairof, with the Loch of Kinghorne and water going thairof fra the said loche to the said Nether Milne of Kinghorne, as also all and sundrie the lands callit the Gallowhill, with the loneing and passage leiding fra the said burgh to the said Loche of Kinghorne and fra the said loche to the said Gallowhill, with the pertinents, the lands and myre callit Kethy Myre, with the pertinents, the lands callit Roddingbrae, with the pertinents, the lands callit Kirksteids, with the pertinents, the lands callit the commoun of Kinghorne, with the pertinents, the lands callit the Eister and Wester Myres, with the pertinents, the lands and myre callit the Bow Buitts, with the pertinents, the lands and myre callit the Mylnemyre, and with all and sundrie uther lands, infield and outfield, far and neir, pairts, pendicles and pertinents thairof, with the heavin and harberie of the said burgh of Kinghorne and coquett thairof, and the heavin and harberie callit Prettie Cur besyd the said burgh, with all and sundrie customes, heavening silver, anchorages and uthers dewties and casualities quhatsumever perteining and belonging thairto, and the tua yeirlie frie fairs mentionat in the said chartor and sundrie uther priveledges and liberties thairin specifiet, to be haldin of his majestie and his successors in fewferme, frie burgage and frie ports and heavens for ever for payment of the dewties thairin mentionat, with the precept of sasing following upon the said chartor and instrument of sasing givin be vertew of the said precept in all pointes, articles and clauses thairin contenit, eftir the forme and tennor thairof. And declairs, statuits and ordaines this present ratificatioun of the saidis chartor, precept and instrument of sasing is, and sall be, als sufficient in all respects as if the samyn wer insert heirintill and that the samyne sall be sufficient richts, titles and secuirities to the proveist, baillies, counsall and burgeses of the said burgh and thair successors for bruiking and joysing of the said burgh with the forsaidis houses, biggings, lands, tenements, yeards, aikers, waists, toftes, crofts, ruides, mylnes, multers, heavens, harberies, fairs, priveledges, liberties and uthers particularlie and generallie abonementionat contenit in the said chartor.
[1633/6/111]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of his majesties thrie estates of parliament, ordaines ane act of parliament to be maid ratifiand, approveand and, for his hienes and his successors, perpetuallie confirmand, lykas his majestie, be the tennor heirof, with advyse and consent of his hienes thrie estates of parliament, ratifies, approves and, for his hienes and his successors, perpetuallie confirmes the chartor and infeftment maid and grantit at Greinwiche, the tent day of Junii, the yeir of God jM vjC and auchteine yeirs, be his majesties umquhile darrest father, King James the Saxt, of worthie and eternall memorie, under the great seale, with advyse and consent of his hienes thesaurar principall of Scotland and thesaurer deputt for the tyme thairin nominat, and of the remanent lords commissioners then appointit be his majestie for giving infeftments within the kingdome of Scotland, to, and in favours of, the proveist, baillies, counsall, and commwnitie of the said burgh of Dumbartane and thair successors, be the quhilk his majesties said umquhile darrest father, with consent forsaid, gave, grantit and disponit to, and in favours of, the proveist, baillies, counsall and commwnitie of the said burgh and thair successors for ever heretablie the advocatioun, donatioun and richt of patronage of the paroche kirk and parochine of Dumbartane, with all teinds, great and small, alsweill personage as viccarage thairof, and with all fruites, rents, emoluments and dewties perteining and belonging to the said kirk, togider with certane chaplanries, alterages, anneversaries and uthers nominat and contenit in the said chartor and infeftment, with all and sundrie lands, tenements, annuelrents, proffeits, emoluments and dewties perteining and belonging to the saidis alterages, chaplanries and uthers forsaidis, togider also with the tolbuith, customehous or weyhous of the said burgh of Dumbartane and all and sundrie litle customes, tolles, casualities and uthers dewties perteining and belonging to the said burgh, and als certane tenements of land mentionat in the said infeftment, with divers and sundrie uther priveledges, liberties, immwnities, casualities and uthers particularlie sett downe in the said infeftment, togider with the precept of sasing thairof wnder the quarter seale and instrument of seasing following thairupon, in all and sundrie heads, pointes, articles, clauses, priveledges, immwnities, circumstances and conditiones specifiet and contenit thairin. And his majestie, with advyse and consent forsaid of his hienes thrie estates of parliament, wills and grants and, for his hienes and his successors, decernes and ordaines this present confirmatione to be of als great availl, force, strenth and effect to the saidis proveist, baillies, counsall and commwnitie of the said burgh of Dumbartane and thair successors as if the forsaid chartor, infeftment, precept and instrument of sasing wer word be word ingrossit, exprest and sett downe heirintill, anent the quhilks, and with all defects and inconveniences that may fallow thairupon, his majestie, with advyse and consent forsaid of his hienes thrie estates of parliament, hes dispensit and, be thir presents, dispensit for ever. And his majestie, with advyse and consent forsaid of his hienes thrie estates of parliament, statuits and ordaines that the forsaid chartor and infeftment is and sall be ane guid, valeid, effectuall and sufficient secuiritie to the said burgh of Dumbartane, magistrats, burgeses and inhabitants thairof and thair successors for bruiking, joysing, using and possessing in all tyme coming of the said patronage, and of all and sundrie lands, gifts, liberties, priveledges and uthers mentionat in the said infeftment eftir the forme and tennor thairof in all pointes. And his majestie, with advyse and consent forsaid of his hienes thrie estates of parliament, ordaines thir presents to be ane sufficient warrand to the clerk of register for extending ane act of parliament heirupon in dew forme, and for inserting the samyne with the rest of the actes of parliament to be maid and sett downe in this parliament haldine withine the said kingdome of Scotland.
[1633/6/112]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the thrie estates of this present parliament, be thir presents, ratifies and approves the chartor and letter of patent maid and grantit be his majestie wnder the great seale, of the dait at Halyrudhous, the nynteine day of November jM vjC threttie yeirs, erecting that pairt and portione of the lands of Roddings boundit in maner thairin mentionat, lyand in the baronie of Kenmore and stewartrie of Kirkcudbright, with the haill tenements, lands, houses, biggings, yeards and outsetts biggit, and to be biggit, thairupon in ane haill and frie burgh royall, to be callit in all tyme coming the burgh of Galloway, with the haill liberties, privieledges and immwnities of the said burgh, and of the proveist, baillies, burgeses and inhabitants thairof particularlie and generallie mentionat in the said chartor or letters patent, togider with the precept and instrument of sasing following thairupon in all and sundrie pointes, articles and clauses thairin contenit eftir the formes and tennors thairof; and declairs, statuits and ordaines this present ratificatioun thairof is, and sall be, als valide and sufficient in all respects as if the samyne wer at lenth insert heirin, dispensand heirby with the not inserting heirof. And siclyk his majestie, with advyse and consent forsaid, finds, declairs, statuits and ordaines that the forsaid chartor or letters patent of erectioun of the said burgh royall, with this present ratificatioun of the samyne, ar, and sall be, sufficient, valeid and lawfull richts and secuirities to the proveist, baillies, thesaurar, deine of gild, burgeses and inhabitants of the said burgh and thair successors for ever, for the peacible bruiking and joysing of the samyn burgh royall, weiklie mercatts and frie fairs thairof with the haill priveledges, liberties, immwnities, tolls, customes, casualities, proffeitts and dewties of the said burgh royall, weiklie mercatts and frie fairs thairof, particularlie and generallie mentionat in the said chartor or letters patent, quhilks ar, and sall be, reputt and haldin as at lenth repeittit and insert heirintill, ordaining thir presents to be ane sufficient warrand to the clerk of register and his deputts for extending of ane act of parliament heirupon in dew forme, with provisione alwayes that this present ratificatioun sall nawayes be hurtfull or prejudiciall to the infeftments, richts and secuirities grantit be his majestie and his most noble progenitors to the proveist, baillies, counsall and comwnitie of the burgh of Kirkcudbright, bot that the samyne sall remaine with thame as of befor wnhurt or prejudgit heirby.
[1633/6/113]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of this present parliament ordaines ane ratificatioun to be maid thairin to, and in favours of, the baillies, counsall, burgeses and comwnitie of the burgh of Lawder and thair successors, ratifiand, approveand and, for his hienes and his successors, perpetuallie confirmand, lykas be the tennor heirof our said soverane lord and estates of parliament ratifies, approves and, for his hienes and his successors, perpetuallie confirmes, the chartor maid, givin and grantit be umquhile King James the [...], his hienes [...] of worthie memorie, to the burgeses and comwnitie of the said burgh of Lawder wnder his majesties great seale, of the dait at Striviling, the tuentie ane day of December, the yeir of God jM vC and tua yeirs, quhairby the said umquhile King James the [...] of worthie memorie, considering and wnderstanding that the chartors, evidents and richts of the first fundation and infeftment of the said burgh of Lawder and libertie thairof, maid and grantit be his majesties most noble progenitors to the burgeses and comwnitie of the said burgh, war distroyit and brunt be weir, assaults and fyre, quhairthrow merchandice ceissit among thame to the great hurt, decay and prejudice of the comoun weill and libertie of the said burgh and great damnage of his majestie anent his customes, borrow maills and dewties dew to be payit to him furth of the said burgh if tymous remeid war not provydit; thairfor his majestie, moved of pietie and justice and willing the reformatione of the premises, with advyse of his hienes secreit counsall, of new infeft, gave, grantit and, for his hienes and his successors, perpetuallie confirmit to the burgeses and comwnitie forsaid the said burgh of Lawder in ane frie burgh for ever, with all and sundrie lands, anuelrents and possessiones quhatsumever perteining thairto, with divers ample powers, priveledges, mercatts, fairs, tolls, customes and uthers speciallie and particularlie mentionat in the said chartor, to be bruikit, usit and exercit be the saidis burgeses and comwnitie of the said burgh siclyk and als frielie as any uther frie burgh within this realme bruiks, uses and exerces thair burgh lands and liberties thairof, and with all and sundrie liberties and priveledges of frie burgage for ever to be haldin of his majestie and his hienes successors in frie burgage, fie and heretage for ever, for payment of the borrow maills and uthers dewties usit and wont to be payit to his majestie furth of the said burgh, as the said chartour of the dait forsaid at mair length beirs, with the precept of sasing and instrument of sasing following thairupon, and als all and sundrie uthers infeftments, chartors, precepts, sasings, confirmationes, gifts, donationes, ratificationes, grants, erectiones, fundationes, acts, decreits, sentences, liberties, priveledges and immwnities thairin contenit maid, givin and grantit be any of his majesties most noble predicessors and progenitors, kings and queines of Scotland, thair regents or governors for the tyme, or be any uthers to, and in favours of, the saidis burgeses and comwnitie of the said burgh of Lawder, thair predicessors or successors at any tyme bygaine, of quhatsumever daits, tennors and contents the samyne be of, in all and sundrie the heads, pointes, pases, clauses, articles, circumstances and conditiones thairin contenit and eftir the formes and tennors thairof in all pointes. And our said soverane lord and estates of parliament wills and grants and, for his hienes and his successors, perpetuallie decernes and ordaines that this present ratificatioun of the saidis infeftments and richts of the said burgh speciallie and generallie abonewrittine is, and sall be, of als great strenth, force and effect to the saidis baillies, counsall, burgeses and comwnitie of the said burgh of Lawder and thair successors for bruiking of the said burgh lands, annuelrents, possessiones, mercatts, fairs, tolles, customes, liberties, priveledges, dewties and immwnities thairin contenit and perteining to the said burgh, and quhairof the said burgh, baillies, counsall, burgeses and comwnitie thairof or thair predicessors ar, and hes beine, in possessioun, as if the saidis haill chartour, precept and seasing speciallie abonementionat, and all uthers the chartors, infeftments and uthers richts generallie abonementionat wer all at lenth insert and contenit in this present ratificatioun; quhairanent and with all uthers defects and imperfectiones quhilks may be proponit or alledgit againes the saidis richts speciallie and generallie abonewrittine, or any of thame, or this present ratificatioun thairof and validities of the samyn, our said soverane lord and estates of parliament, for his hienes and his successors, hes dispensit and, be thir presents, dispenses for ever and that the said ratificatioun be farder extendit with all clauses necessar.
[1633/6/114]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of this present parliament, remembering the many singular, guid and thankfull services done to his majestie and to umquhile Henrie, prince of Walles, duke of Cornwall and Yorke, his dearest brother of happie memorie, and to his majesties umquhile dearest father of eternall memorie, be his hienes traistie and weilbeloved counsallor Sir Robert Dowglas of Spott, knicht, hes ratifiet and approvine and, be the tennor heirof, ratifies, approves and confirmes the chartor and infeftment of fewferme maid, givin and grantit be his majestie wnder his hienes great seale, of the dait at Greinwiche, the tuentie nynt day of Junii, the yeir of God jM vjC threttie and ane yeirs, to the said Sir Robert Dowglas, his airs and successors specifiet and contenit in his infeftment of the lands and baronie of Spott, of all and haill they lands and that pairt and portioun of the lordschipe of Dumbar boundit, meithit and merchit as eftir followes, viz: betuix the burne callit the Boundslie Burne one the eist and thairfra passing towards the west be the arrable and cornefield lands of the lands eftirspecifiet belangand to the persones eftir mentionat, to witt: of the lands of Kirkcleuch perteining to [...] Cockburne of Ormestoun; of the lands of Eister Gamulscheills perteining to Sir Patrick Hepburne of Wauchtoun, knicht; of the lands callit Wester Gamulscheills and Mylknow perteining to [...] Home of Gamulscheills and thairfra passing toward the north to the arrable and cornefield lands of Johnnescleuch perteining to Sir Johne Home of Blaccader, knicht; and of the lands of Stanypeth perteining to Maistir Williame Dowglas, minister at Spott, and thairfra passing toward the eist be the arable and cornefield land of the lands of Dowchrie, sumtyme perteining to George Lawder of Bass; and of the lands of Spott perteining to the said Sir Robert Dowglas of Spott, knicht, quhill it come to the burne callit Boundslie Burne, quhilk devyds the said pairt and portioun of the forsaidis lands of the said lordschip of Dumbar fra the comountie callit the comountie of Innerweik, quhair the saidis merches began, lyand within the constabularie of Hadingtoun and shirefdome of Edinburgh. Quhilks lands and pairt and portioun abonewrittine of the said lordschip of Dumbar, lyand boundit, meithit and merchit in maner forsaid, pertenit to our said soverane lord and became in his hienes hands and at his majesties gift and dispositioun as ane pairt of the annexit propertie of the earledome of Marche and lordschip of Dumbar to the patrimonie of his hienes crowne, to be haldine of our said soverane lord and his successors in few ferme, fie and heretage for payment yeirlie of the soume of ten mark usuall money of Scotland at tua termes in the yeir Whitsunday and Mertimes in wintar be equall portiones in name of fewferme, quhilk nor na uther dewtie the saidis lands never payit, with speciall provisione and conditione alwayes contenit in the said chartor that the samyne chartor sall nawayes be prejudiciall to any of his majesties lieges anent any former lawfull infeftments or yitt to come grantit or competent to thame of any pairt or pairts of the forsaid pairt and portioun of the lordschip of Dumbar or any priveledge within the bounds thairof, as at mair lenth is contenit within the said chartor, togider with the precept and instrument of sasing following thairupon in all and sundrie heads, clauses, articles and circumstances thairof. And sieing the forsaidis lands and pairt and portioun of the said lordschipe of Dumbar boundit, meithit and merchit in maner forsaid ar ane pairt of his majesties propertie and patrimonie of his hienes crowne quhilk was never rentallit nor payit any dewtie befor the granting of the said chartor, thairfor, and for the said Sir Robert Dowglas and his forsaidis better richt and securitie thairof, oure said soverane lord, with advyse and consent of the estates of this present parliament, in consideratioun of the said Sir Roberts many guide and thankfull services abonewrittine, hes dissolved and, be vertew of this present act, dissolves the foirnamit lands and pairt and portioun abonewrittine of the said lordschip of Dumbar, boundit and meithit as is particularlie contenit befor, fra his majesties crowne and patrimonie thairof, and fra all actes of annexatioun of the same to the effect that the chartor and infeftment thairof abonewrittine may not onlie be valide and effectuall and ane sufficient richt, title and secuiritie to the said Sir Robert Dowglas and his forsaidis for thair peacible bruiking, joysing and posseding of the saidis lands with the pertinents as thair heretage at thair pleasure in all tyme coming, bot lykwayes to the effect the samyne lands may be of new grantit and givin in fewferme heretablie be our said soverane lord to the said Sir Robert Dowglas and his forsaidis for payment of the dewtie forsaid in maner specifiet and contenit in the said few chartor, with the provisione and conditione abonewrittine contenit thairintill in dew and competent forme, and ordaines thir presents to be ane sufficient warrand to the clerk of register and his deputtes for extending ane act of this present parliament thairupon in dew forme as effeirs.
[1633/6/115]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of thrie estates of this present parliament, ratifies and approves the chartor maid and grantit be his majestie eftir his hienes lawfull and perfyte aige of tuentie fyve yeirs compleit, and eftir resignatioun and dimissioun maid be Thomas, earle of Kellie etc. and umquhile Alexander, lord of Fentoun, his sone, of the lordschip and baronie of Pittinweyme, comprehending the lands and uthers unit and annexit in the said lordschip and baronie quhilks pertenit of auld to the pryorie of Pittinweyme in the hands of his majestie, thair immediat lawfull superior thairof, ad perpetuam remanentiam wnder the great seale, of the dait at Greinwiche, the saxteine day of Junii, jM vjC threttie ane yeirs, in favours of his hienes trustie servitor Sir Williame Anstruther of that Ilk, knicht, ane of his majesties maister housholds within this realme of Scotland, his airs and assignais quhatsumever heretablie, of all and haill the mylne callit the Mylne of Pittinweyme, with the mylne lands thairof and aikers adjacent thairto, extending to auchteine aikers of land or thairby, with houses, biggings, yeards, tofts, crofts, outsetts and all thair pertinents as the samyne war occupyit and possest of auld be umquhile Johne Scott and Ewphane Clephane, tennents and takismen thairof, togider with the haill astrick and frie multors, suckin and knavescheip perteining to the said mylne and cheiflie with the astrick multors, knavescheip and suckin of all and haill the lands and baronie of Pittinweyme; and siclyk of all and sundrie the aikers of land wnderwrittine, viz: sax aikers of land callit Steill and Wacheland than possest be Walter Airlie; four aikers of land possest be the airs of umquhile Williame Foullar; thrie aikers of land and ane halff possest be the airs of umquhile David Robertsone; ane aiker of land possest be the airs of umquhile David Andersone; tua aikers of land possest be the airs of umquhile Thomas Cuik; tuelff aikers of land possest be James Scott in Mylnetoun; tua aikers and ane halff possest be the airs of umquhile Simeone Gray; ane aiker of land possest be the airs of umquhile Margaret Wilsone; four aikers of land and ane halff possest be the airs of umquhile George Smith; thrie aikers and half of land possest be the airs of umquhile John Gibsone; all and haill that hous lyand within the towne of Anstruther Wester back and foir, with the yeards and pertinents of the samyne, callit Fishehous, than possest be Williame Strang; all and haill thes houses, with the yeards and pertinents thairof, lyand within the towne of Mylnetowne than possest be the said James Scott, with that peice of arable land callit Pardykis, with the pertinents, than occupyit and possest be the said James Scott, with tennants, tenandries and services of frie tennants of the lands and uthers abonewrittine, all lyand within the said lordschip and baronie of Pittinweyme and shirefdome of Fyffe; as also of the office of bailliarie of the haill lordschip and baronie of Pittinweyme, with all and sundrie priveledges, fies, proffeitts, casualities and dewties quhatsumever perteining and belonging to the said office particularlie and generallie mentionat in the said chartor, conteining ane new gift with supplement of all defects in ample forme to be haldine of his majestie and his successors in fewferme, fie and heretage for the yeirlie payment of the few dewtie mentionat in the said chartor wnder the deductione thairin specifiet, efter the formes and tennors thairof. And wills, declairs, decreits, statuits and ordaines that this present confirmatioun thairof is, and sall be, als valeid, effectuall and sufficient in all respects as if the samyne wer at lenth and word be word insert heirintill, dispensand with the not inserting thairof. As also that the chartor, precept and instrument of sasing and this present ratificatioun thairof ar, and sall be, sufficient and valeid richts and secuirities to the said Sir William and his forsaidis for bruiking and joysing of the lands and uthers abonewrittine with the pertinents in all tyme coming, conforme to the said chartor and for payment of the few dewtie thairin contenit wnder the deductioun thairin specifiet, with provisione alwayes that this present ratificatioun nor na pairt of the same sall nawayes be prejudiciall to Thomas, erle of Kellie etc., his richts and infeftments quhilks he hes grantit to him or quhairof he or his predicessors hes beine in possessioun, bot that the samyne sall remaine and have that same force and effect as of befor.