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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 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 erectit in temporall lordschipes, bot also all superiorities of erectiones of quhatsumever uther natur, and in speciall these of the lordschipe of Torphichen, whiche was auncientlie of the lordschipe of Sanct Johne, and quhich did never belong to any prelate, bischop or churchman, as sall be maid appear to his majestie, or to any quhome his majestie sould appoint for examining the bussiness; and being tryed and fund that his particular caice differs 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 annexatione it may be declairit that the superioritie of his lordschipe of Torphichen is nawayes thairin comprehendit, or that the same be remitted to the counsall, as at mair lenth is conteined in the said petitione. His majestie, with advyse of the estates of parliament, remitts the said petitione to the counsell, with power to thame to try bot not to decerne till they acquant his majestie with quhat they find, and have his majesties pleasure returnit to thame thairanent. Followes the act of secreit counsall remitting the haill proces deduicit heiranent to his majesties royall judgment and determinatione: Apud Edinburgh, nono die mensis Februarii anno Domini millesimo sexcentesimo trigesimo sexto, the lordes of secreit counsall having, according to the remitt of parliament, receavit and hard the ansers givin in be his majesties advocate to the reassones contenit in the petitione exhibite to the parliament be Johne, lord Torphichen, tuitching the different nature and qualitie of the lordschipe of Torphichin frome uthers erections, that the samyne did not fall wnder and within the compas of his majesties revocatione and act of annexatione of the superioritie of kirklands to the crowne, with the replyes, duplyes and triplyes proponit hinc inde be ather of the saidis parties, the saidis lords ordaines the haill proces to be deliverit to Johne, earle of Traquair, his majesties thesaurer depute, to the effect his lordschipe may offer the same to his majesties royall consideratione and report back to the counsall his majesties judgment and determinatione concerning the same. Extractum de libris actorum secreti consilii supremi domini nostri regis per me, Magistrum Gilbertum Prymrois, clericum ejusdem sub meis signo et subscriptione manualibus. Sic subscribitur: Maister G Prymrose.
Followes the act of secreit counsall beiring the Earle of Traquair his report of his majesties determinatione and the counsell's ordinance maid thairanent: Apud Edinburgh, decimo quarto die mensis Julii anno Domini millesimo sexcentesimo trigesimo sexto, the quhilk day, in presence of the lords of secreit counsall, comperit personallie Johne, earle of Traquair, lord high thesaurer of this kingdome, and declaired to the saidis lords that, conforme to the warrand and act of counsell whairby he was ordanit to represent wnto his majestie the proces concerning the erectione of the lordschipe of Torphichen, the said lord thesaurer had trewlie and faithfullie acquantit his majestie with the estate of that bussines according to the trust reposed be the saidis lords in him, and that his majestie hes now signified his royall will and pleasure anent that mater by ane signature wnder his hand, which the said lord thesaurer exhibite and produicit befor the saidis lords, tuitching the nature of the erectione of the said lordschipe of Torphichen, bearing his majesties declaratione and exceptione maid in favours of Johne, lord Torphichen, anent the superiorities of the baronie of Torphichen and lands of Fallas perteining thairto, lying locallie within the paroches of Torphichen and Levingstoun and shirefdome of Linlithgow, which with the title and dignitie of Lord of Torphichen and with the lands and teinds and others of the said lordschipe perteining to the said Johne, lord Torphichen, in propertie, his majestie ordaines to be haldine of his majestie in fewferme, for payment of the soume of ane hundreth merkes in name of fewferme, as the said signature more fullie proports, quhairof the tennor followes: Charles R[ex]. Our soverane lord, considering that be speciall act of his majesties late parliament haldine in the moneth of Junii 1633 yeirs, it is fund and declairit that the richt of superioritie of all lands, baronies, mylnes, wodes, fischings, tours, fortalices, mannor places and whole pertinents thairof perteining to quahtsumever abbacies, pryories, pryoresses, preceptories and quhatsumever uther benefices off quhatsumever estate, degrie, title, name or dignitie the same be off, erected in temporall lordschipes, baronies or leivings befor or efter the generall annexatione of kirklands maid in the moneth of Junii 1587 yeirs, pertenis to his majestie and his hienes successors, lykas be ane severall act of the said parliament the samyne ar annexit to the crowne to remaine inseparablie thairwith for ever. And becaus his majesties trustie cowsigne Johne, lord Torphichen did at the tyme of the said parliamemt† give in ane humble supplicatione to his majestie and the estates conteaning certane reassones whairby he affirmed that the lordschipe of Torphichen was not of the nature of kirklands bot of the qualitie of ane temporall estate, his majestie was pleased, with consent of his estates, to remitt the consideratione of the said supplicatione and reassones thairincontenit to his majesties counsell, with power to thame to try and examyne the same bot not to determine quhill his majestie wer acquantit, and did signifie his majesties pleasure thairanent, as in the said act of remissioun to the counsell at mair lenth is contenit. And forsameikle as the lords of his majesties secreitt counsall, efter the heiring of his majesties advocate and the said Johne, lord Torphichen, and his procurators anent the reassones of the said supplicatione, hes be thair act of the dait the nynt day of Februar 1636 yeirs remitted the consideratione thairof to his sacred majestie, and his majestie having takine to his wyse and judicious consideratione the justice of the saidis lawes and acts of parliament maid in his majesties favours and als the humble remonstrance of the said Johne, lord Torphichen anent the great soumes payit be umquhile James, lord Sanct Johne, his great grand uncle, to his majesties grandmother, Queine Marie off happie memorie, for obteining the heretable richt of the said lordschipe establisched in his persone be infeftment grantit in the moneth of Januar 1563 yeirs, togider with the said Johne, lord Torphichen, his humble offer to surrander in his majesties hands ad perpetuam remanentiam the haill superiorities of the said lordschipe of Torphichen which ar in his hands wndisponit, except that meane portione thairof lyand within the baronie of Torphichen and shirefdome of Linlithgow quhairin does subsist the title and dignitie of lord of parliament, thairfor, his sacred majestie, being resolved to mainteine the saidis generall lawes maid in his majesties favours anent the superiorities of erections in the said parliament 1633 yeirs, with consideratione always of the said Lord Torphichen in that meane remainder of the said baronie of Torphichen and title and dignitie of lord of parliament annexit thairto, hes of certane knawledge ratified and approved the saidis actes of parliament anent the superiorities of kirklands maid in his majesties favours in the said moneth of Junii 1633 yeirs, and according thairto declairs that the wndoubted richt of all superiorities off quahtsumever lands, baronies, mylnes, wodes, fischings, tours, fortalices, mannor places and haill pertinents thairof perteining to quhatsumever abbacies, pryors, pryoreses, preceptories and quhatsumever uther benefices, off quhatsumever estate, degrie, title, name and designatione the samyne be off, erected in temporall lordschipes, baronies or leivings befor or efter the generall act of annexatione of kirklands maid in the moneth of Julii 1587 yeirs, perteines to his majestie and his successors; and that wnder the same actes ar comprehendit all temple lands perteining to the preceptorie of Torphichen, and all other lands perteining to quhatsumever order of friers, ather secular or ecclesiasticall, without any exceptione thairfra except allanerlie the superiorities perteining to the said Johne, lord Torphichen, withine the said baronie of Torphichen, comprehending the lands of Fallas unite to the said baronie, lyand naturallie and locallie within the parosches of Torphichen and Levingstoun respective and shirefdome of Linlithgow, whiche, with the title, honour and dignitie of Lord Torphichen, his majestie excepts furth of the saidis actes of parliament. Lykas his majestie wills and declairs that the saidis superiorities exceptit as said is, with the title and dignitie of lord of parliament, togider with the said Johne, lord Torphichen, his propper lands, teinds and uthers of the said lordschipe perteining to him presentlie in propertie, sall remaine with him and his successors according to the tennor of his old richts and infeftments, to be haldine of his majestie in fewferme for payment of the soume of ane hundreth merkes yeirlie in name of fewferme, and that he, his airs and successors sall not be burdenit with any farder proportione off the few dewtie of the said lordschipe of Torphichen nor the said fewferme dewtie forsaid, and that he and his forsaidis sall not be chairgit nor troubled with the stents and taxations imposed or to be imposed upon the said lordschipe of Torphichen bot according to the proportione thairof effeirand to that quhilk he bruikes of the said lordschipe in propertie and tenandrie. And his majestie wills and ordaines that this his majesties declaratione be insert in the bookes of secreitt counsall, and that ane act of counsall pas thairupon in dew forme, with command to direct letters of publicatione thairupon in forme as effeirs. And als ordaines his majesties clerk of register to insert thir presents, with the said act of secreitt counsall interponit thairto, in the bookes of parliament, to have the force and strenth of ane act of parliament in all tyme coming. Sic subscribitur: Sanct Androis, cancellarius, Traquair, thesaurer, Glasgow, Galloway, Dumfries, Lorne, Alexander, Adam Aberdeine, J. Hay, Thomas Hope. Quhilk signature being red, hard and considerit be the saidis lords, and they acknowledging his majesties gracious and royall favour schawine to the said Lord of Torphichen in the exceptione and declaratione befor mentionat, the lordes of secreitt counsall, according to the significatione of his majesties pleasure, ordaines the said signature conteining the exceptione and his majesties declaratione forsaid to be insert and registrat in the bookes of secreitt counsall, and hes interponit and interpones thair authoritie thairto and to the haill pointes, clauses and articles contenit thairin, ordaining the same to have the force and effect of ane act of counsell and letters of publicatione to be direct thairupon requiring heirby Sir Johne Hay, clerk of his majesties registere, to insert this present act, conteaning his majesties declaratione forsaid, in the bookes of parliament, to have the strenth and force of ane act of parliament in all tyme coming conforme to the said signature in all points; and ordaines the principall signature to be givin up to the said clerk of register to be keipit be him amongs the rolles of the parliament, whiche was accordinglie done. Extractum de libris actorum secreti consilii supremi domini nostri regis per me, Magistrum Gilbertum Prymrois, clericum eiusdem sub meis signo et subscriptione manualibus. Sic subscribitur: M. G. Prymrose.
Followes his majesties declaratione finding all templelands to fall within the compas of the act of annexatione of the superiorities of erections to the crowne, with exception of ane meane portioun to the Lord Torphichen in maner eftermentionat. Sic suprascribitur: Charles R[ex]. Oure soverane lord, considering that be speciall act of his majesties late parliament haldin in the moneth of Junii jM vjC threttie thrie yeirs it is fund and declairit that the richt of superioritie off all lands, baronies, mylnes, wodes, fischings, tours, fortalices, mannor places and whole pertinents thairof, perteining to quhatsumever abbacies, pryories, pryoreses, preceptories, and quhatsumever uther benefices, off quhatsumever estate, degrie, title, name or designatione the samyne be off, erected in temporall lordschipes, baronies or leivings befor or efter the generall annexatione of kirklands maid in the moneth of Julii 1587 yeirs, pertenis to his majestie and his hienes successors, lykas be ane severall act of the said parliament the samyne ar annexit to his majesties crowne to remaine thairwith inseparablie for ever; and becaus his majesties trustie cowsigne Johne, lord Torphichen did at the tyme of the said parliament give in ane humble supplicatioun to his majestie and the estates conteining certane reassones quhairby he affirmed that the lordschipe of Torphichen was not of the nature off kirklands bot of the qualitie of ane temporall estate, his majestie was pleased, with consent of the estates, to remitt the consideratione of the said supplicatione and reassones thairincontenit to his majesties counsall, with power to thame to try and examyne the samyne bot not to determine quhill his majestie wer acquantit and did signifie his majesties pleasure thairanent, as in the said act of remissioun to the counsall at mair lenth is contenit. And forsameikle as the lords of his majesties secreit counsall, efter the heiring of his majesties advocate and the said Johne, lord Torphichen, and his procurators, anent the reassones of the said supplicatione hes be thair act of the dait the nynt day of Februar, jM vjC threttie sax yeirs remitted the consideratione thairof to his sacred majestie, and his majestie having takine to his wyse and judicious consideratione the justice of the saidis lawes and actes of parliament maid in his majesties favours, and als the humble remonstrance of the said Johne, lord Torphichen anent the great soumes payit be umquhile James, lord Sanct Johne, his great grand unkle to his majesties grandmother, Queine Marie off happie memorie, for obteining of the heretable richt of the said lordschipe establisched in his persone be infeftment grantit in the moneth of Januar jM vC thriescoore thrie yeirs, togider with the said Johne, lord Torphichen, his humble offer to surrander in his majesties hands ad perpetuam remanentiam the haill superiorities of the said lordschipe of Torphichen quhilk ar in his hands wndisponit, except that meane portione thairof lyand within the baronie of Torphichen and shirefdome of Linlithgow quhairine does subsist the title and dignitie of lord of parliament, thairfor his sacred majestie, being resolved to mainteine the saidis generall lawes maid in his majesties favours anent the superiorities of erectiones in the said parliament 1633 yeirs, with consideratione alwayes of the said Lord Torphichen in that meane remaner of the said baronie of Torphichen and title and dignitie of lord of parliament annexit thairto, hes of certane knawledge ratified and approvine the saidis actes of parliament maid anent superiorities of erections of kirklands maid in his majesties favours in the said moneth of Junii 1633 yeirs, and according thairto declairs that the wndoubtit richt of all superiorities of quhatsumever lands, baronies, mylnes, wodes, fischings, tours, fortalices, maner places and haill pertenentes thairof perteining to quhatsumever abbacies, pryories, pryoreses, preceptories and quhatsumever uther benefices, off quhatsumever estate, degrie, title, name or designatione the samyne be off, erected in temporall lordschipes, baronies or leivings, befor or efter the generall act of annexatione of kirklands maid in the moneth of Julii 1587 yeirs, pertenis to his majestie and his successors, and that wnder the samyne actes ar comprehendit all templelands perteining to the preceptorie of Torphichen and all uther lands perteining to quhatsumever order of friers, ather secular or ecclesiasticall, without any exceptione thairfrae, except allanerlie the superiorities perteining to the said Johne, lord off Torphichen within the said baronie of Torphichen, comprehending the lands of Fallas unite to the said baronie, lyand naturallie and locallie within the parochines of Torphichen and Levingstoun respective and shirefdome of Linlithgow, quhilk, with the title, honor and dignitie of Lord of Torphichen, his majestie excepts furth of the saidis actes of parliament. Lykas his majestie wills and declairs that the saidis superiorities excepted as said is, with the title and dignitie of lord of parliament, togider with the said Johne, lord Torphichen, his propper lands, teinds and uthers of the said lordschipe perteining to him presentlie in propertie, sall remaine with him and his successors according to the tennor of his auld richtes and infeftments, to be haldine of his majestie in fewferme for payment of the soume of ane hundreth merkes yeirlie in name of fewferme, and that he, his airs and successors sall not be burdenit with any farder proportioun of the few dewtie of the said lordschipe of Torphichen nor the said fewferme dewtie forsaid, and that he, nor his forsaidis, sall not be chairgit nor troublit with the stents and taxationes imposed or to be imposed upon the said lordschipe of Torphichen bot according to the proportione thairof effeirand to that quhilk he bruikes of the said lordschipe in propertie and tenandrie. And his majestie wills and ordains that this his majesties declaratioun be insert in the bookes of secreitt counsall and that ane act of counsall pas thairupon in dew forme, with command to direct letters of publicatione thairupon in forme as effeirs; and als ordaines his majesties clerk of register to insert thir presents, with the said act of secreitt counsall interponit thairto, in the bookes of parliament, to have the force and strenth of ane act of parliament in all tyme coming. Givine at Sanct James, the fyfteine day of Maii 1636 yeirs.
Followes the dockqueitting:
Please your sacred majestie, becaus the question anent the superiorities of the lordschipe of Torphichen, remittit be the parliament to the counsall efter dispute befor the counsall, is remitted to your majesties awine gracious declaratione and that the Lord Torphichen hes maid humble offer to surrander all the superiorities of the said lordschipe being in his hands, except a meane pairt thairof quhilk perteines to the baronie of Torphichen, to quhilk the title of lord of parliament is annexit, your majestie is pleased heirby to declair that the late act of parliament maid in your majesties favours anent the superiorities of all erectiones does comprehend all templelands perteining to the preceptorie of Torphichen and all uther lands perteining to quhatsumever order of friers, ather secular or ecclesiasticall, without exceptione thairfrae, except allanerlie the superiorities of the baronie of Torphichen and lands of Fallas perteining thairto, lyand locallie and naturallie within the parochines of Torphichen and Levingstoun and shirefdome of Linlithgow, quhilk, with the title and dignitie of Lord of Torphichen and with the lands and teinds of the said lordschipe perteining to him in propertie, your majestie ordaines to be haldine of your majestie in fewferme for payment of the fewferme dewtie left blank to be filled up be your majesties thesaurers; and ordaines the said Lord Torphichen and his airs to be frie of payment of any farder proportione of the few dewtie of the lordschipe of Torphichen, except the said particular few dewtie to be filled up as said is, and als to be na further burdent for stents and taxations of the said lordschipe of Torphichen bot according to the proportione of that pairt thairof quhilk he bruikes in propertie and superioritie, with command to insert this your majesties declaratioun in the buikes of secreitt counsall and act and letters of publicatioun to pas thairupon, and with command to your majesties clerk of register to insert thir presents and the act of counsall to pas heirupon in the bookes of parliament. Sic subscribitur: Thomas Hope. Followes the subscriptiones: Sanctanrois, cancellarius, Traquare, thesaurer, Glasgow, Galloway, Drumfreis, Lorne, Adam Aberdeine, Alexander, J Hay, Thomas Hope.