[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.