On the fourth and final day of parliament
[1633/6/14]*[print] [email] [cite] [preceding] [following]
The parliament of the said most excellent prince Charles, by the grace of God, king of Scotland, England, France and Ireland, and defender of the faith, held at Edinburgh on 28 June 1633 by the lord king himself and all the estates written below, along with the officers of parliament following.
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The same day the acts, statutes and laws, with the particular and several commissions, ratifications, protestations, declarations and provisions, with other particular acts and exceptions after-mentioned contained in the same, being read in open parliament in presence of his majesty and whole estates, was voted and concluded to stand and have the force of acts of parliament in all time coming in manner following. Likewise his majesty, after the same was voted by the three estates, gave his consent and approbation thereto and confirmed the same by his royal authority, and in token of his consent and approbation thereto touched the sceptre, being presented to him by [Sir John Hay of Bara], clerk of his majesty's register, council and rolls, of the which acts and others above-written the tenors follows.
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In the parliament held at Edinburgh, 28 June 1633, the three estates of parliament being assembled, having taken into their consideration the many blessings which this nation does enjoy under his majesty's most wise, happy and peaceable government, whereof each estate is most aware, his majesty's royal zeal for propagating the Gospel of Jesus Christ, his care for providing sufficient maintenance for the clergy, his extraordinary pains taken for uniting the disjointed members of this commonwealth and extirpating of all roots of discords, relieving the oppressed and with so even and fatherly a hand curing the wounds of this commonwealth as the wisest eye can find no blemish in the temper of all his royal actions, and last the great comfort they have by enjoying his majesty's royal presence, pains taken and expenses disbursed by his majesty in this his majesty's journey, with a most thankful acknowledgment, are most earnestly and humbly to entreat his sacred majesty to accept of this their voluntary offer of a taxation to be imposed, collected and paid to his gracious majesty in manner and at the terms following, that is to say: the dukes, marquises, earls, viscounts, lords and commissioners of shires for the temporal estate have granted that there shall be uplifted of every pound land of old extent within this kingdom pertaining to dukes, marquises, earls, viscounts, lords, barons and freeholders and feuars of his majesty's proper lands the sum of 30s money at every one of the six separate terms following, namely: the sum of 30s money at the feast and term of Martinmas [11 November] 1634; the sum of another 30s money at the feast and term of Martinmas 1635; the sum of another 30s money at the feast and term of Martinmas 1636; the sum of another 30s money at the feast and term of Martinmas 1637; the sum of another 30s money at the feast and term of Martinmas 1638; and the sum of another 30s money at the feast and term of Martinmas 1639. And the archbishops and bishops for the spiritual estate have granted that there shall be uplifted off all archbishoprics, bishoprics, abbacies, priories and other inferior benefices within this kingdom at every one of the six terms above-specified the just taxation thereof as they have been accustomed to be taxed to in all time bygone whensoever the temporal lands of this kingdom were stented to 30s the pound land of old extent, and the same taxation to be paid at every one of the six separate terms above-specified. And the commissioners of burghs for their estate have granted that there shall be uplifted of all the burghs within this kingdom at every one of the six terms above-specified the just taxation thereof as they have been accustomed to be taxed to in all time bygone whensoever the temporal lands of this kingdom were stented to 30s the pound land of old extent, and the said taxation to be paid at every one of the six separate terms above-written. And in regard that his majesty has erected sundry prelacies in temporal lordships, whereby the owners thereof may claim to be taxed with the barons of the temporal estate, and thereby his majesty will be defrauded of a great part of the said taxation, therefore the said estates ordain that all erections of prelacies and other small benefices in whole or in part in temporal lordships shall in payment of the said taxation pay to the collectors thereof so much of the same taxation proportionally as if they were in no way erected, and as they were subject to do before the erection of the same. And in the same manner it is statute and ordained that all dissolved benefices within this kingdom in whole or in part shall be subject in payment of so much of the same taxation proportionally as they would have been subject to pay though the same had not been dissolved, and that those parts who have got any part or portion of any prelacies or other inferior benefices dissolved and new securities made to them by his majesty of that part and portion thereof so dissolved shall be subject in payment of the taxation thereof to the prelate or other beneficed person for his relief of the same taxation as they would have been so the same had not been dissolved, notwithstanding of any condition contained in the infeftments and securities made by his majesty to them in the contrary thereof. And further, his majesty and the said estates annul and discharge all privileges and immunities whatsoever whereby any person may think themselves free of payment of this present taxation (the privileges granted to the ordinary lords and senators of the college of justice and the taxation of benefices given, conveyed and mortified for maintenance of the universities, colleges and hospitals within this kingdom only excepted). And further, the said estates, for a more ample testification of their exceedingly great affection to his majesty's service, have (in addition to the ordinary taxation above-written) made a free and willing offer to his majesty of a yearly extraordinary taxation of the sixteenth penny of all annualrents which any person or persons within this kingdom has freely due and payable to them yearly or termly (their own annualrents wherein they are due to others being first deducted), the first term's payment whereof shall be and begin at the feast and term of Martinmas 1634 and so forth yearly and termly at Whitsunday [May/June] and Martinmas for the space of six years until the said six years and twelve terms' payment thereof be full and completely outrun. And for the better trial of every man's annualrents which he has yearly or termly due to him, it is ordained that this act shall be published at the market cross of Edinburgh and of the whole head burghs of the sheriffdoms, stewartries, bailiaries and regalities within this kingdom, whereby all his majesty's lieges may have true notice thereof. And therewithal the said estates will, command and ordain all his majesty's subjects that have any annualrents payable to them to compear within the head burgh of the sheriffdom, stewartry, bailiary or regality or the head burgh of any of those jurisdictions wherein the head courts are held, and where the said annualrenters dwell and have their ordinary residence, in any court day in one of the two last weeks immediately preceding and in one of the two first weeks immediately following Whitsunday and Martinmas, at which time the sheriffs, stewarts, bailies and bailies of regalities and provost and bailies of free burghs within the bounds of their jurisdictions shall be obliged to hold courts weekly to the effect after-specified. And the lieges resorting to the said courts shall give up an inventory to the clerk thereof of the whole sums of money for which annualrent is due to them yearly or termly, with the names of their debtors designed by name and surname and the ordinary place of their residence, as also the whole sums of money for which they are subject in payment of annualrents to others, with the names of their creditors to whom the same is due, designed likewise by name and surname, and the place of their ordinary residence, whether the same annualrent be in victual or in silver; the annualrent of victual to be esteemed according to the stock of money for which it is paid at eight for each 100 thereof; and shall cause those who give up the said inventories for every party to subscribe his own inventory himself, if he can write, and if he cannot write, the clerk of the said court shall subscribe the said inventory in face of the court before the members thereof; and also the sheriffs, stewarts, bailies, bailies of regalities, provost and bailies of free burghs within the bounds of their jurisdictions, and the clerks themselves, shall make and give up an inventory of the debts owing to themselves and by themselves as said. It is always provided that if any person impeded by reason of sickness or distracted by some other just occasion shall not be present himself to give up the said inventory, it shall be lawful for him to cause any honest responsible man within the jurisdiction where he dwells to compear and give up his inventory, providing the same be subscribed by himself or any notary at his command, which the person giving in the inventory shall declare to be a true deed and shall abide at the same upon the like hazard and danger as the principal party should underlie, which shall be as sufficient as if the inventory had been given personally up by the principal party himself. And an inventory being once made and given up shall still stand and be a ground to charge any person during the time of the six years of the said taxation unless the party change or otherwise employ his sums, and then he shall give up a new inventory, which shall be a new ground of a charge and the former shall cease. And the said clerk shall make a record in his register of the said whole inventories, which inventories being so recorded shall be extracted by the said clerk and subscribed with his hand and three extracts made of the same, one to be given to the party if he require the same, another to be sent by the said clerk to the collector of the same taxation and the third to be sent by the said clerk to the clerk of his majesty's register, to be kept amongst the records of his majesty's exchequer to the intent it may be known how far every party is liable in payment of the said extraordinary taxation, for the which extract and note made in register the said clerk shall have off every person who gives in an inventory the sum of 4s money; and if by sloth or malice the clerk shall happen to delay or shift the lieges resorting to the said courts to the effect foresaid (complaint being made thereof to the lords of his majesty's privy council), the said clerk shall be punished accordingly at the discretion of the said lords; and at any court day in any of the said two weeks preceding or immediately following any term, it shall be rightful to any person to compear and offer to give up his inventory (he making payment of the taxation due for the same), which the clerk and judge shall be astricted to receive; and albeit it be declared that an inventory once given up shall still stand and be a ground to charge any person during the whole terms of the said taxation, except the same be changed in manner foresaid, yet because sundry who have this liberty delay to make payment of the taxation of their monies after the time is expired, therefore it is provided and declared that if they fail to make payment of the due taxation of their monies within 20 days after each term, that the party so failing shall be subject in payment of the triple of the said taxation for each term wherein he fails, and letters shall be directed against them for payment thereof in the appropriate form. Further, for the better observation of this act, it is declared that whosoever receives, retains or conditions to receive any annualrent and conceals the same or any part thereof, or in giving up his inventory of debts and annuals owing by him to his just creditors gives up more than he is justly due, the supplier thereof shall forfeit that term's annualrent to his majesty's use, and whosoever first discovers or reveals either the annualrent concealed or annualrent which is more than the just debt of the person, shall for his reward have half of that term's concealed annualrent and as much as half of that annualrent which shall be discovered to have been unjustly given up. And in case it shall happen any person or persons whatsoever by virtue of his submitted inventory to be charged for payment of his taxation and at the time of his charge to declare in presence of a judge by his great oath solemnly sworn that his debtor is a bankrupt, whereby he is disabled to make payment of his taxation and is content the king's majesty shall have the whole annualrent due to him by his bankrupt debtor for that term, the said declaration shall be a sufficient liberation to him of the same. And for issuing of malicious charges of those who have omitted or concealed their sums, it is ordained that whensoever any person shall accuse or charge another of concealing or omitting of sums the time of making his inventory, he shall condescend upon some probable cause of his accusation and shall find caution concerning the judgement to be delivered in case he fail in proving that which he accuses; and no such actions of accusations shall be lawful against dead persons, their heirs nor executors except what the same has been intended before the said person's decease, neither shall it be lawful after a year and a day after the expiring of the said taxation to intend any such action. And if any person purchase wadset of lands and set the same back again to him who wadset the same, the tacksmen possessors of the lands shall pay for the stent of the lands and the possessor of the wadset shall pay for the annualrent of his money which he has on the land as if the same were employed for annualrent. Moreover, it shall not be lawful by any manner of way to any creditor to get relief off his debtor for this taxation which is imposed upon annualrents by this statute under the pains contained in the acts of parliament made regarding usurers. And concerning minors it is declared that their minority shall in no way privilege them but their tutors and curators shall give up their inventories of their annualrents in their names, which if the said tutors and curators fail to do the said minors shall incur the like danger as others, and at their perfect age shall have action of relief against the said tutors and curators for that cause. And in case any person depart out of this kingdom after the publication of this present act, the same shall in no way excuse him from giving up an inventory of his annualrents and payment of the said taxation and underlying of the danger contained in this present act, but those who are presently out of this kingdom and shall not return before the term of Whitsunday [17 May] 1635, they shall not come under the danger of this act until the term of Martinmas thereafter, providing that at that term they give up their inventories and pay their taxation as if they had been present within the kingdom before the foresaid term of Martinmas. And for uplifting of the same taxation granted upon annualrents and to the intent his majesty's general collector thereof may know whom to crave and charge for the same, it is statute and ordained that within every sheriffdom, stewartry, bailiary and regality where the offices of sheriffs, stewarts and bailies are heritable, and the provost and bailies of free burghs, these heritable officers and their deputes for whom they shall be held to answer, and provost and bailies of free burghs, shall collect the said taxation and make payment thereof to his majesty's collector general of his said taxation; and where these offices of sheriffs, stewarts and bailies are not heritable but changeable, the clerks within the said jurisdictions having their offices for life shall be collectors thereof; and in case the said clerks have not already found sufficient caution for discharging of their offices, they shall be held before they have any intromission with the same taxation or exercise their office of sheriff clerk after the foresaid term of Martinmas 1634 to find sufficient caution for that effect; and where there are no heritable officers nor clerks having their offices for life and have not found caution in manner above-written, the said collector general of his majesty's taxation and his deputes in his name sufficiently authorised by him and for whom he shall be held to answer, and whose name he shall cause publish at the market cross of the head burgh of that jurisdiction where there is no heritable officers nor clerks for life, that his majesty's lieges may know to whom they shall make payment, shall collect and uplift the same taxation, which payment being made, the receiver thereof shall be obliged to deliver to the payer thereof an acquittance upon the receipt of the same freely, without payment of any money for the same. It is likewise provided that the fees of the collectors and receivers of the same taxation of annualrents shall be likewise, hereby they are remitted to the discretion and arbitrament of the lords of his majesty's privy council to be set down and agreed upon by them. And the said estates hereby decree and declare that all burgesses and freemen within burghs, albeit they be taxed in the ordinary taxation above-written with their neighbours according to the order prescribed for collecting of the burghs' part of the said ordinary taxation, yet the same shall in no way liberate nor free them from payment of their parts of the said extraordinary taxation according to the proportion of the sixteenth penny of their annualrents, but shall be liable in payment thereof as others of his majesty's lieges are. Moreover, the said estates annul and discharge all privileges and immunities whatsoever whereby any person may think themselves free of payment of any part of this present extraordinary taxation, the privileges and immunities granted to the ordinary lords of session with the annualrents due to be paid to colleges, schools and hospitals or mortified for sustentation and upholding of kirks and bridges with the annualrent that might be claimed of poor people whose stock exceeds not the sum of 500 merks Scots only excepted.
[1633/6/17]*[print] [email] [cite] [preceding] [following]
In the parliament held at Edinburgh upon 28 June 1633, the three estates of the said parliament being assembled, having taken into their consideration the many blessings which this nation does enjoy under his majesty's most wise, happy and peaceable government, whereof each estate is most aware of his majesty's royal zeal for propagating the Gospel of Jesus Christ, his care for providing sufficient maintenance for the clergy, his extraordinary pains taken for uniting the disjointed members of this commonwealth and extirpating of all roots of discords, relieving the oppressed and with so even and fatherly a hand curing the wounds of this commonwealth, as the wisest eye can find no blemish in the temper of all his royal actions, and lastly the great comfort they have had by enjoying his majesty's royal presence, pains taken and expenses disbursed by his majesty in this his majesty's journey, with a most thankful acknowledgment, are most earnestly and humbly to entreat his sacred majesty to accept of this their voluntary offer of a taxation ordinary to be imposed, collected and paid to his gracious majesty in manner and at the terms following, that is to say: the sum of 30s money at the feast and term of Martinmas [11 November] 1634; the sum of another 30s at the feast and term of Martinmas 1635; the sum of another 30s at the feast and term of Martinmas 1636; the sum of another 30s money at the feast and term of Martinmas 1637; the sum of another 30s money at the feast and term of Martinmas 1638; the sum of another 30s money at the feast and term of Martinmas 1639. And for the spiritual men and burghs' parts of the same taxation, that there shall be uplifted off every archbishopric, bishopric, abbacy, priory and other inferior benefice and off every free burgh within this kingdom at every one of the said six terms payment the just taxation thereof, and as they have been accustomed to be taxed to in all time bygone whensoever the temporal lands within this kingdom were stented to 30s money the pound land of old extent, and the same taxation to be paid at every one of the six separate terms above-written. And for bringing in of the spiritual men's parts of the same taxation, ordain letters to be directed charging all and sundry archbishops, bishops, abbots, priors, as likewise all noblemen and others in whose favour the erection of any prelacy or other inferior benefice or any part or portion thereof, be it in lands, kirks or teinds, or in whose favour the patronage of any benefice, kirks or teinds are passed, and all other beneficed persons contained in the tax rolls, their heritable bailies, chamberlains, factors and intromitters with their rents and livings, personally or at their dwelling places, and by open proclamation at the market crosses of the head burghs of the sheriffdoms, stewartries and bailiaries where the said prelacies, erected lordships and small benefices lie, if they be within this kingdom, and if they be without this kingdom by open proclamation at the market cross of Edinburgh and pier and shore of Leith upon 60 days' warning, to make payment of that sum that they and each one of them are taxed to for every one of the said six terms to the collector general of the said taxation appointed or to be appointed by his majesty or his deputes and officers in his name having his power and commission to receive the same at the particular terms above-written, under the pain of rebellion and of putting them to the horn; and if they fail therein, at the passing of every one of the said terms, to denounce the disobeyers and rebels and put them to the horn and to escheat etc. And that the prelates and beneficed persons and such noblemen and others in whose favour the erections and patronages above-written are passed, for their relief, have letters charging their vassals, sub-vassals, ladies of terce, conjunct-fiars and life-renters, feuars, tacksmen and pensioners to make payment of their part of the said taxation, each one of them proportionally, according to the sum they shall be taxed to, to the said prelates and other beneficed persons and to the said noblemen and others having power to receive the same within 20 days next after the charge, under the pain of rebellion etc.; and if they fail etc. to denounce etc. and escheat etc. and to poind and distrenzie thereof as they shall think most expedient, providing always that the first term's payment of the said taxation be ever passed before the next term's payment be charged for. And the estates declare that the production of sufficient hornings against the said vassals, feuars, tacksmen and pensioners shall be a relief to the said prelates, lords of erection and beneficed persons and shall exonerate them for as much from payment of the said taxation, providing that the same hornings with their tax rolls authentically made and subscribed by the said prelates, lords of erections and other beneficed persons and by their feuars, vassals, tacksmen and pensioners in manner hereafter prescribed, containing the particular sum which each one of them is taxed to, be delivered to the collector of the same taxation within the space of 60 days after every term, otherwise he shall be in no way obliged to receive the same, neither shall the prelate, lord of erection nor beneficed person be exonerated by production of the same at any time thereafter. And further, that the said prelates and such noblemen and others in whose favour the erections and patronages above-written are passed and all other beneficed persons may have their relief off their vassals, sub-vassals, ladies of terce, conjunct-fiars, life-renters, feuars, tacksmen and pensioners, to the greater ease and less trouble to their said vassals and others foresaid, and to the effect that every one proportionally may pay his part of the said taxation according to the quantity and value of the free rent which he has of his benefice, lands, pensions, kirks and teind sheaves pertaining to him, as well prelate, lord of erection, patron and other beneficed persons themselves as the feuar, tacksman and pensioner, it is thought expedient, statute and ordained that the said prelates and others above-rehearsed, every one of them separately, shall convene his whole feuars, vassals, tacksmen and pensioners at the particular places hereafter designed, they are to say: [John Spottiswood], archbishop of St Andrews at the city of St Andrews, [Patrick Lindsay], archbishop of Glasgow at the city of Glasgow, [George Graham], bishop of Orkney at the town of Kirkwall, [John Abernethy], bishop of Caithness at the town of Dornoch, [John Maxwell], bishop of Ross at the town of Chanonry of Ross, [John Guthrie], bishop of Moray at the town of Elgin, [Patrick Forbes], bishop of Aberdeen at the burgh of Aberdeen, [David Lindsay], bishop of Brechin at the burgh of Brechin, [Alexander Lindsay], bishop of Dunkeld at the town of Dunkeld, [Adam Bellenden], bishop of Dunblane at the town of Dunblane, [Andrew Lamb], bishop of Galloway at the town of Wigtown, [Andrew Boyd], bishop of Argyll at the town of Inveraray, the bishop of the Isles† at the burgh of Rothesay in Bute, the abbot of Iona at the burgh of Inverness, the prior of Ardchattan at the burgh of Inveraray, the abbot of Fearn at the burgh of Tain, the Lord of Beauly at the burgh of Inverness, [Thomas Bruce], lord Kinloss at the burgh of Forres, the prior of Pluscarden at the burgh of Elgin, the Lord of Deer at the town of Peterhead, the prior of Fyvie at the town of Turriff, the prior of Monymusk at the town of Monymusk, the Lord of Arbroath at the town of Arbroath, [Mungo Murray], lord Scone at the burgh of Perth, [James Elphinstone], lord Coupar at the town of Coupar in Angus, the prior of Restenneth at the burgh of Forfar, the collector of the same taxation in place of the prior of Charterhouse, the seat now vacant, at the burgh of Perth, the prior of Elcho at the same burgh of Perth, the prior of Strathfillan at the kirk of Comrie, the Lord of Inchaffray at the burgh of Perth, the prior of Inchmahome at the burgh of Stirling, the prior of St Andrews at the city of St Andrews, the bailie of the regality of Dunfermline at the burgh of Dunfermline, [John Elphinstone], lord Balmerino at the burgh of Cupar in Fife, [Patrick Leslie], lord Lindores at the burgh of Cupar in Fife, the masters of St Leonard's College in St Andrews for the priory of Portmoak at the burgh of Cupar in Fife, the prior of Pittenweem at the burgh of Pittenweem, [James Stewart], lord St Colme at the burgh of Inverkeithing, [James Colville], lord [Colville] of Culross at the town of Culross, the abbot of Cambuskenneth at the burgh of Stirling, [John Sandilands], lord Torphichen at the burgh of Linlithgow, the prior of Manuel at the burgh of Linlithgow, [John Bothwell], lord Holyroodhouse at the burgh of Edinburgh, the Lord Newbattle at the burgh of Edinburgh, the prioresses of Haddington at the burgh of Haddington, the lord of the temporal lands of the priory of North Berwick at the burgh of North Berwick, the patron and parson of the kirk of Kilconquhar, dissolved from the priory of North Berwick, at the town of Elie, the patron and parson of the kirk of Largo, dissolved from North Berwick, at the town of Largo, the patron and parson of the kirk of Maybole, dissolved from North Berwick, at the town of Maybole, the patron and parson of the kirk of Logie, dissolved from North Berwick, at the burgh of Stirling, the Lord of Kelso at the town of Kelso, the Lord of Coldingham at the town of Eyemouth, the Lord of Dryburgh at the town of Dryburgh, the prior of Eccles at the town of Duns, the prior of Coldstream at the burgh of Duns, [Andrew Kerr], lord Jedburgh at the town of Jedburgh, the Lord of Melrose at the town of Melrose, [James Hamilton], lord Paisley at the town of Paisley, [William Stewart], lord Blantyre at the burgh of Glasgow, the lord and bailie of the temporal lands of Kilwinning, dissolved from the abbacy of Kilwinning, at the burgh of Irvine, the abbot of Crossraguel at the town of Maybole, the prior of Whithorn at the burgh of Whithorn, the abbot of Soulseat at the burgh of Whithorn, the prior of St Mary's Isle at the burgh of Kirkcudbright, the Lord of Dundrennan at the burgh of Kirkcudbright, the Lord of Glenluce at the burgh of Wigtown, the abbot of Tongland at the burgh of Wigtown, the abbot of New Abbey†at the burgh of Dumfries, the abbot of Holywood at the burgh of Dumfries, the prior of Canonbie at the burgh of Annan, the baron and bailie of the barony of Broughton, dissolved from the lordship of Holyroodhouse, at the burgh of Edinburgh, the heritors of the hundred pound land of the barony of Monkland, dissolved from the lordship of Newbattle, at the city of Glasgow, the minister of Failford at the burgh of Ayr, the minister of Scotlandwell at the burgh of St Andrews, the minister of the cross kirk of Peebles at the burgh of Peebles, the patron and parson of the kirk of Dundee, dissolved from the abbacy of Lindores, at the burgh of Dundee, and all other small beneficed persons at the parish kirks of their particular benefices; and that they convene to the effect above-written upon 13 August 1634, which is declared to be the precise day appointed for all their vassals, feuars, tacksmen and pensioners to keep the said meeting, and that no further citation nor summoning shall be requisite other than this proclamation and publication of this present act at the market crosses of the head burghs of this kingdom. And herewith it is resolved by his majesty and the said estates that if any vassals, sub-vassals, feuars, tacksmen of teinds, pensioners or any other justly bound to make relief to prelate, lord of erection, patron or other beneficed person of any part of the said taxation shall send any procurator in his name, sufficiently authorised, to the said meeting, the same shall not only excuse the principal parties' absence, but the procurators shall be admitted in all things and received to do and perform in the distribution of the said taxation what could, or lawfully might, have been done by him who sent him; is likewise declared that the prelate, lord of erection, patron or other beneficed person impeded by disease or distracted upon some other necessary occasion from attending that meeting, having his absence supplied that day by a sufficiently worthy person whom he shall authorise and appoint to that effect, shall be as lawful as if he were personally present himself, and the party so authorised shall be admitted and received in all things to do and perform in the distribution of the same taxation what could, or lawfully might, have been done by him who sent him. It is further statute and ordained that at the said day of meeting the said prelates, lords of erection, patrons and other beneficed persons shall by themselves or by their procurators lawfully authorised as said is fence and hold a court and call by name and surname upon every one of their vassals, sub-vassals, feuars, tacksmen of teinds, pensioners and others obliged to relieve them of any part of the same taxation, and lawful time of day, being commanded to show to their said vassals, feuars, tacksmen and pensioners or their procurators compearing for them the quantity of the taxation imposed upon their prelacy, erected lordship or other benefice authentically subscribed by the clerk of the same taxation, and they all (at the least so many of them as shall convene for this effect with one consent) shall distribute the same to be paid by every man, as well by the prelate, lord of erection and present possessor of small benefice for the free rent that every one of them has of their prelacies, erected lordships and small benefices, as by the vassal, feuar, tacksman and pensioner according to the great and small quantity of the free rent which every one of them has either of their lands, teinds or pensions; with certification to any of the said persons, feuars, vassals, tacksmen and pensioners that compear not by themselves or their procurators at the day and place above-specified to the effect foresaid, that such as shall convene with the said prelates, lords of erections, patrons or other beneficed persons or their procurators shall proceed in the equal distribution of the same taxation as well amongst them that are absent as present and shall make and subscribe an authentic tax roll thereupon. And in case that none of the said vassals, feuars, tacksmen and pensioners shall convene at the day and places above-specified to this effect by themselves or their procurators, but shall wilfully absent themselves from the said meeting, it shall be lawful for the said prelates, lords of erection, patrons and other beneficed persons being present by themselves or their procurators at the day and places above-specified to make, set down and subscribe the same tax roll; and in case any of the said prelates, lords of erection, patrons or other beneficed persons shall not convene by themselves or their procurators at the day and places above-specified particularly designed to every one of them, it shall be lawful for the said vassals, feuars, tacksmen and pensioners (at the least so many of them as shall convene by themselves or their procurators) to make, set down and subscribe the said tax roll, which tax roll shall contain the particular sum that every one shall be found justly to be due to pay, the parties' name due to pay the same, and the cause wherefore the same ought to be paid; and being so set down either by the prelates, lords of erection, patron and other beneficed person or their lawful procurators with so many of their vassals, sub-vassals, feuars, tacksmen of teinds, pensioners and others obliged to relieve them of any part of the same taxation as shall convene with them to this effect, and in case that none shall convene with them, the said roll being then set down by the prelate, lord of erection, patron or other beneficed person or their lawful procurators, or in case of their absence being set down, made and subscribed by the most part of the said vassals, feuars, tacksmen and pensioners by themselves or their procurators as shall convene themselves for this effect, his majesty and the said estates determine to be as lawful in all respects as if the whole number of persons having interest therein had convened, made, set down and subscribed the same; which tax roll being so set down, made and subscribed in manner above-written (and no otherwise) and delivered to the clerk of the taxation, his majesty and the said estates ordain him to give warrant for giving of letters of relief thereupon, discharging him in any case to give warrant for giving of letters of relief upon any roll presented to him not made and authentically subscribed in form above-written as he will answer to the contrary upon his peril. It is likewise statute and ordained that tacksmen of teinds shall have their relief off their sub-tacksmen for as much, respect being had to the grassum paid by the said sub-tacksmen. And for bringing in of the barons' and freeholders' part of the same taxation and of the feuars and rentallers of our sovereign lord's proper lands their parts thereof, ordain letters to be directed charging all and sundry sheriffs, stewarts, bailies, their deputes and clerks, feuars, chamberlains and receivers of our sovereign lord's proper lands that they, and every one of them within the bounds of their proper offices, raise and uplift the sum of 30s money of this realm off every pound land of old extent lying within the bounds of their jurisdictions for every one of the six terms above-specified, and bring in and deliver the same to the collector foresaid or to his deputes and officers in his name having his power to receive the same at the particular terms above-specified, under the pain of rebellion etc.; and if they fail, at the passing of every one of the said terms, to denounce and escheat etc. And for their relief that letters be directed charging all and sundry dukes, earls, lords, barons, freeholders, feuars and renters of our sovereign lord's proper lands personally or at their dwelling places and by open proclamation at the market cross of the head burgh of the sheriffdom, stewartry, bailiary where their lands lie, if they be within the kingdom, and if they be without the kingdom by open proclamation at the market cross of Edinburgh and pier and shore of Leith upon 60 days' warning, to make payment to the said sheriffs, stewarts and bailies, their deputes and clerks, chamberlains and receivers of our sovereign lord's proper lands, every one of them for their own parts respectively, of the said sum of 30s money foresaid for every pound land of old extent pertaining to them for every one of the said six terms' payment within 20 days next after they be charged thereto, under the pain of rebellion etc.; and if they fail etc., to denounce and escheat etc., and if need be that the said sheriffs, stewarts, bailies, their deputes and clerks, chamberlains and receivers of our sovereign lord's proper lands poind and distrenzie the readiest goods and gear being upon the said lands thereof as they shall think most expedient, and that the said earls, lords, barons and freeholders, feuars and rentallers of our sovereign lord's proper lands have letters for their relief to charge their vassals, sub-vassals, ladies of terce, conjunct-fiars and life-renters to make payment of their parts of the said taxation within 20 days next after the charge, under the pain of rebellion etc.; and if they fail etc. to denounce etc. and escheat etc., and if need be that they poind and distrenzie thereof, providing always that the first term's payment of the said taxation be ever passed before the next term's payment be charged for. And for bringing in of the burghs' part of the same taxation, ordain letters to be directed charging the provost and bailies of each burgh to make payment of the tax and rent thereof to the collector general foresaid, his deputes and officers in his name having his power to receive the same at the particular terms above-specified, under the pain of rebellion etc.; and if they fail etc. to denounce and escheat etc. And for their relief that letters be directed charging the provost, bailies and council within each burgh to convene and elect certain persons to rent their neighbours; and the said election being made, to charge the persons elected to accept the charge upon them in setting of the said stent upon the inhabitants of every burgh, and to convene and set the same and make a stent roll thereupon as appropriate within 24 hours after their charge, under the pain of rebellion etc.; and if they fail etc. to denounce and escheat etc. And also the said stent roll being made and set down as said is, to charge the burgesses, indwellers and inhabitants within each burgh to make payment of their part of the said stent to the provost and bailies according to the tax roll to be given out thereupon within three days next after the charge, under the pain of rebellion etc.; and if they fail etc. to denounce etc. and escheat etc.; and if need be that the said provost and bailies poind and distrenzie thereof as they shall think most expedient. It is always provided that no person whatsoever be stented or taxed within burgh except according to the value and quantity of his rent, living, goods and gear which he has within burgh, in no way respecting his lands nor possessions which he has in the country, for the which he will be obliged to pay taxation to other officers, providing always that the first term's payment of the said taxation be ever passed before the next term be charged for. Moreover, his majesty and his said estates decree and declare that the charges to be given for payment of the said taxation shall be executed before the terms of payment above-specified for every terms' payment particularly by itself, and that the denunciation of horning following thereupon shall not be executed until the term's payment be past and 20 days thereafter, which denunciation so following upon the charges given before the said terms of payment his majesty and estates decree and declare to be valid and sufficient. And his majesty and the said estates, considering the great abuse which has been used in all time bygone by sundry of the lieges of this kingdom against all good conscience in causing of their poor farmers, tenants and labourers of the ground, being removable, who are subject in payment of very dear ferms and other duties, to relieve them of the whole burden of bygone taxation, which has been the occasion of impoverishing a number of the said farmers, labourers and tenants and bringing of them to utter wrack and ruin, whereas of reason they should be altogether free from payment of any taxation and the same should be paid by such as have free rents, lands and goods of their own; for remedy whereof, it is statute and ordained that no persons whatsoever exact or compel his tenants or farmers removable who pay ferm and other dear duties for the lands occupied by them to pay any part of this present taxation or to seek relief at their hands of the same; and if the same be found done by any persons, that they shall be called and convened therefore before his majesty's justice and his deputes or before his majesty's council as violent and masterful oppressors of his majesty's subjects and punished for that according to justice. And further, the said estates, beside the ordinary taxation above-written, have for the space of six years next and immediately following the term of Martinmas [11 November] 1634 freely and voluntarily granted to his majesty a yearly extraordinary taxation of the sixteenth penny of all annualrents which any person or persons within this kingdom has freely due and payable to them yearly and termly (their own annualrents wherein they are due to others being first deducted), the first term's payment thereof shall be and begin at the said feast and term of Martinmas 1634, and so forth yearly and termly at Martinmas and Whitsunday [May/June] until the said six years and twelve terms' payment thereof be fully and completely outrun. And whereas his majesty and estates have by act of parliament authorised all and sundry heritable sheriffs, stewarts, bailies and bailies of regalities and their deputes and the provost and bailies of free burghs within the bounds of their jurisdictions, as likewise the clerks within the jurisdictions where these offices are not heritable, which clerks have their offices for life, to collect the said extraordinary taxation, and to make payment thereof to the collector general of the same taxation; therefore, and for bringing in of the said extraordinary taxation, ordain letters to be directed charging all and sundry the said heritable sheriffs, stewarts, bailies, bailies of regalities and their deputes and clerks and the said provost and bailies of free burghs and their clerks, as likewise the clerks within the jurisdictions where these offices are not heritable, that they and every one of them north of the River Dee, within the space of 15 days after every term of Martinmas and Whitsunday, and that they and every one of them south of the River Dee, within the space of 10 days after every term of Martinmas and Whitsunday, deliver to his majesty's said collector general a true and just account and inventory of the whole sums of money due to be paid by any person within the bounds of their jurisdiction for his part of the said extraordinary taxation, and that they give up the same account and inventory upon their oath solemnly sworn that the same is just and true, and to make payment to his majesty's said collector general, or to his deputes in his name having his power to receive the same, of the whole monies due to be paid to his majesty, according to the said account and inventory, within 20 days after each term, under the pain of rebellion. And in case the said sheriffs, stewarts, bailies, bailies of regalities, their deputes and clerks fail etc. to denounce and escheat etc., for whose relief that letters be directed charging all and sundry the said annualrenters to make payment to the said sheriffs, stewarts, bailies, bailies of regalities, their deputes and clerks, provost and bailies of free burghs of the said sixteenth penny of all annualrents freely due and payable to them within 20 days next after the charge, under the pain of rebellion etc.; and if they fail, to denounce etc., and, if need be, that the said sheriffs, stewarts, bailies of regalities, clerks, provost and bailies of free burghs poind and distrenzie thereof as they shall think most expedient. And his majesty and the said estates ordain the lords of session to be only judges to all suspensions to be craved and suited by any of our sovereign lord's lieges touching the said taxation, which suspensions the said estates find may be granted upon lawful and equitable reasons to be considered by them, and discharge all other judges within this kingdom of granting of any suspensions relating thereto; with power to the said lords to delegate five at the least of their ordinary number as they shall think expedient, to sit, examine and decide the said suspensions in time of vacation if need be, and also to depute commissioners for trying and judging of concealments with as ample and full power to be given to them as the said lords of session by virtue of this present act have.
[1633/6/18]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice, consent and assent of the whole estates, acknowledging his majesty's sovereign authority, princely power, royal prerogative and privilege of his crown over all estates, persons and causes whatsoever within this kingdom, ratifies and approves the act of parliament made in the year 1606 regarding the king's royal prerogative and perpetually confirms the same for his highness, his heirs and successors, as amply, absolutely and freely in all respects as ever any of his majesty's royal progenitors did possess and exercise the same; and with all remembering that in the act of parliament made in the year 1609 regarding the apparel of judges, magistrates and kirkmen, it was agreed that whatever order his majesty's father of blessed memory should prescribe for the apparel of kirkmen and send in writing to the clerk register should be a sufficient warrant for inserting the same in the books of parliament, to have the strength of an act thereof, have all consented that the same power shall remain with the person of our sovereign lord and his successors that now is, and with the same clause for execution thereof as in the said act is contained.
Follows his majesty's letter to the clerk register:
To our trusty and well-beloved councillor Sir John Hay of Bara, knight, clerk register. It is thus above-written: Charles Rex
Trusty and well-beloved councillor, we greet you well. Whereas it was declared by an act of our late parliament that whatever order we should be pleased to appoint for the apparel of churchmen and should send it in writing to our clerk register should be a sufficient warrant for inserting the same in the books of parliament, to have the strength of an act thereof, we have now determined the same according to the warrant enclosed, signed both above and underneath with our own hand. And it is our pleasure that accordingly you insert this enclosed order concerning their habits in the books of parliament, to have the strength of an act thereof in all time coming, for doing whereof this act shall be your sufficient warrant. From our court at Whitehall, 15 October 1633.
Follows the warrant enclosed in the foresaid letter, superscribed by his majesty and also subscribed under and sealed with the court signet.
It is thus above-written: Charles Rex. Follows the warrant:
The order appointed by his majesty for the apparel of churchmen in Scotland to be inserted in the books of parliament according to the act of the late parliament made relating thereto
It is our pleasure that all the lords, archbishops and bishops within that our kingdom of Scotland shall, in all public places, wear gowns with standing caps (such as they used at our late being there) and cassocks, and the inferior clergy, especially after they have taken the degree of doctors or bachelors in divinity, or preachers in any town, shall wear the same habit for fashion but for worth according to their means, and no tippets unless they are doctors. And further, our pleasure is that the lords, archbishops and bishops shall, in all churches where they come in time of divine service or sermon, be in whites, that is in a rochet and sleeves as they wore at the time of our coronation, and especially whensoever they administer the holy communion or preach; and they shall likewise provide themselves with a robe (that is a satin or taffeta gown without lining or sleeves) to be worn over their whites at the time of their consecration. And we will that all archbishops and bishops aforesaid that are of our privy council or of our session shall come and sit there in their whites and maintain the gravity of their places. And for all inferior clergymen we will that they preach in their black gowns, but when they read divine service, Christian burial or administer the sacrament of the Lord's supper they shall wear their surplices, and, if they are doctors, their tippets over them. And as well archbishops and bishops as other ministers when they administer the holy communion in our chapel royal or any cathedral church within that our kingdom shall wear caps, and not only they, but all inferior priests and ministers shall at times and places before mentioned use their square caps, especially in all our universities. Given at Whitehall, 15 October 1633.
And it is thus subscribed, Charles Rex. Sealed with the court signet.
[1633/6/19]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates, ratifies and approves all and whatsoever acts and statutes made before regarding the liberty and freedom of the true kirk of God and religion presently professed within this realm, and ordains the same to stand in their full force and effect as if they were specially mentioned and set down herein.
[1633/6/20]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the advice of the estates, ratifies the act of secret council dated at Edinburgh, 10 December 1616, made regarding the planting of schools, with this addition: that the bishops in their several visitations shall have power, with consent of the heritors and most part of the parishioners, and if the heritor, being lawfully warned, refuses to appear, then with consent of the most part of the parishioners, to set down and stent upon every plough or husband land according to the worth for maintenance and establishing of the said schools. And if any person shall find himself grieved, it shall be lawful to him to have recourse to the lords of secret council for redress of any prejudice he may or does sustain. And ordains letters to be directed for charging of the possessors for the time to answer and obey the schoolmasters of the duties that shall be appointed in manner foresaid.
[1633/6/21]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the advice of the estates, understanding that certain persons piously disposed have of late bestowed certain gifts in lands, heritages and sums of money in favour of colleges, schools, hospitals and other pious uses, which by the administrators and such others as they have entrusted with the managing thereof are inverted to other uses than the will of the donor, upon some specious pretences contrary or different from the donor's intention, to the evil example of others and the hindrance of such and the like charitable works, against all reason and conscience. Therefore it is statute and ordained that it shall in no way be lawful to alter, change or invert any of the said gifts, legacies and other pious donations to any other use than the specific use whereto they are destined by the donor himself; and that the heirs, executors or others entrusted with the said gifts and legacies shall be accountable for the same to the use of the kirks, colleges and others to whom the said dispositions were made; and that actions shall be competent, either to the said kirks, colleges and others to whom the same were conveyed, or to the bishops and ordinaries within the diocese where the said kirks, schools and others above-specified lie, for compelling them to apply the same to the true use and to make account and payment of the ordinary profits of every year's intromission at the rate allowed by the laws of the realm in addition to the fulfilling of the donor's will. And this act to be extended to all dispositions made at any time since the majority of King James VI or to be made hereafter in all time coming, and that letters of horning be directed at their instance by deliverance of the lords of session without citation of parties.
[1633/6/22]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the advice of the estates, ratifies and approves the act of parliament made in the year of God 1587, regarding the invaders of ministers, with this explanation and addition: that whosoever invades any minister or puts any violent hands on him by themselves, their men, tenants, servants or any others by their hounding out, direction or allowance for whatsoever cause or occasion, whether the same be for the cause contained in the said act or for any other cause otherwise than by order of law, or does offer violence to them, shall incur the like pain as is contained in the said act and shall be judged after the form and manner therein prescribed; and declares that the same shall be extended to all archbishops, bishops and ministers whatsoever having power by lawful warrant to preach and administer the sacraments. And because the malice of some is such that the invasion and violence foresaid may be committed by lawless and irresponsible men, the hounders out of whom cannot be detected, so as the benefit of this act and the indemnity of the said churchmen and their foresaids may be frustrated, therefore it is statute and ordained that the landlords and heritors and chief of clans and others in whose bounds the said offenders dwell or haunt ordinarily shall be held upon the complaint of the party offended to the lords of his majesty's secret council to exhibit and produce the said malefactors before the said judges to be censured and punished corporally, or otherwise in their estates if they be responsible at the discretion of the said judges. And if it shall happen the said offenders absent and remove themselves out of the bounds of the said heritors and landlords and others on whom they depend so that the said landlords, heritors and others foresaid may pretend that it is not in their power to exhibit the foresaid delinquents, therefore it is statute that if after the giving in of the said complaint before the said judges and certifying of the said landlords and others foresaid either by citation, charge or intimation, or any other legal manner of way, the said delinquents shall be found within the bounds of the said landlords and others foresaid, frequenting publicly and openly by the space of 10 days, that then and in that case the said landlords and others foresaid shall be esteemed as connivers with the delinquents and be obliged under the like censure and punishment to exhibit them to the council.
[1633/6/23]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the advice and consent of the estates of parliament, ratifies and approves the act of commission of surrenders and teinds of the date at Holyroodhouse, 26 June 1627, whereof the tenor follows.
The commissioners, after reasoning upon the lowest proportion and provision with which the ministry serving the cure at each kirk shall be provided, have found it fit and expedient that the lowest proportion shall be eight chalders of victual where victual is paid or proportionally in silver or victual as the commissioners shall appoint at the settling of the kirk and according to the estate of that part of the country where the payment of the stipend shall occur, and think it fit that the said proportion of eight chalders of victual or proportionally in silver as said is shall be the lowest maintenance to each kirk, except such particular kirks occur wherein there shall be a just, reasonable and expedient cause to go beneath the quantity now determined. And his majesty and estates foresaid refer to the commissioners to be chosen by his majesty at this present parliament the consideration of the reasons and causes which may move them (after the valuation of the true worth of the teinds of each parish be closed) to determine and modify a less quantity for the ministers' maintenance than the quantity foresaid of eight chalders of victual or 800 merks in victual or monies proportionally, and what the said commissioners shall determine therein the same to stand notwithstanding of this present ratification. And also his majesty and estates ratify and approve the whole particular acts of the said commission of surrenders and teinds whereby stipends are appointed and modified by the said commissioners already, and ordain the ministers to whom the same is assigned to have intromission therewith, and that the lords of session direct letters of horning and poinding in favour of the said ministers accordingly thereto upon a simple charge of 10 days only, and also upon all other acts to be made for plantation of kirks by the commissioners appointed by his majesty and estates for that effect. And it is declared that this ratification shall be without prejudice to the titulars and others having interest to pursue for rectifying of such valuations as are or shall be severely undervalued, and also without prejudice of the ministers' maintenance and augmentation proportionally pertaining to the true and just worth of the teind.
[1633/6/24]*[print] [email] [cite] [preceding] [following]
Forasmuch as our sovereign lord the king's majesty, shortly after the decease of his majesty's late dearest father King James VI of ever blessed memory, for preserving of the liberty and privilege due to his majesty by the common law and by the acts and statutes of the kingdom, and following the laudable custom used before by his majesty's predecessors in making of their revocations, did upon 12 October 1625 make and give forth his general revocation under his privy seal, as the same in the self at more length bears. And his majesty, being now present in his royal person within this kingdom and having by God's grace, favour and blessing, and with the general acclamation, joy and comfort of his subjects, accepted the crown thereof wherein he is gloriously inaugurated, and now holding the first parliament of his whole estates of the said kingdom, with whom his majesty has advised and resolved regarding the said revocation, therefore his majesty, with consent of the three estates and whole body of this present parliament, has statute, enacted and ordained and, by this act, statutes, enacts and ordains in manner following: in the first, his majesty and whole estates of parliament revoke, make void and annul all infeftments, charters, precepts, confirmations, alienations, gifts, donations, rights, securities and other dispositions whatsoever of any rents, lands, lordships, baronies, heritages, teinds, patronages of kirks, offices, privileges and others whatsoever annexed to the principality or to the prince who is second person of the realm made, conveyed, signed or consented to by his majesty's self in his minority and less age or by his majesty's late dearest father for himself as prince of Scotland, or as father and lawful administrator to his majesty, or to the late Prince Henry, his majesty's brother of worthy memory, or by the said late Prince Henry himself, or made and granted by his majesty's said late dearest father or any other of his majesty's predecessors of Scotland in their times to whatsoever person or persons in hurt and prejudice of the prince who is second person foresaid, or made and granted by his majesty at any time preceding the date hereof unlawfully and against the laws of the kingdom, the same being tried and found to be so. Item, his majesty, with consent of the said estates, revokes, makes void, annuls, retreats and rescinds all and sundry infeftments, grants, dispositions, confirmations and other rights whatsoever made by his majesty during his minority and less age to whatsoever person or persons in fee, freehold or otherwise of the lands, kirks, teinds, patronages, offices and others pertaining to the lordship of Dunfermline, to the which his majesty succeeded as only son and heir to his majesty's late dearest mother, Queen Anne, who was heritably infeft in the said lordship of Dunfermline. And also revokes all gifts, alienations, dispositions and other rights whatsoever made by his majesty or his said dearest mother unlawfully and against the laws of the kingdom of the said lordship or of any lands, teinds, offices, kirks, patronages and others pertaining to the said lordship at any time preceding the date hereof, the same being so found and verified before the ordinary judge. Item, his majesty and estates foresaid revoke, make void, annul, retreat and rescind all and sundry infeftments, charters, gifts, donations, confirmations, alienations, pensions and other dispositions whatsoever made, conveyed, signed or consented to by his majesty or by his majesty's late dearest father, or by any other of his majesty's predecessors in their several times to whatsoever person or persons in any manner of way in fee, feu ferm, freehold or otherwise whatsoever of any lands, rents, lordships, baronies, patronages of kirks, customs, annuals, fishings, liberties of fishings, burgh mails, other rents, castle wards or other whatsoever annexed to the crown offices of justiciary, stewartry and bailiary within the same appertaining thereto, contrary to the acts of annexation made thereupon of before, and where lawful dissolution of the said annexation was not made by his majesty, his said late dearest father and his said predecessors of Scotland in their majority, with consent of the three estates of parliament in their several times, for setting of the same in feu ferm with augmentation of the rental to the effect the same may be of no value in time coming after the date hereof by way of action, exception or reply. Item, his majesty, with consent foresaid, revokes, annuls, retreats and rescinds all infeftments, donations, alienations and other dispositions whatsoever made by his majesty or his said late dearest father, either in their minority to their hurt and damage, or in their majority against the laws and acts of parliament, to whatsoever person or persons of whatsoever lands, rents, annuals and revenues not annexed to the crown, whereof his majesty's late dearest grandmother Queen Mary was in possession before the coronation of his majesty's late dearest father of happy memory, and of all offices such as chamberlainships, bailiaries, office of customs collector made for more years but from the exchequer until the account be made in the exchequer following constabularies, bailiaries, tacks and rentals of his majesty's proper lands and rents above the space of five years made and granted contrary and against the laws and acts of parliament of the kingdom, the same being so found and tried. Item, his majesty, with consent of the estates, revokes, makes void, annuls, retreats and rescinds all and whatsoever infeftments, rentals and other rights whatsoever, of any part of the annexed property or of the feu ferms of whatsoever proper lands annexed to his majesty's crown made to whatsoever person by his majesty or his late dearest father or any other of his majesty's predecessors which are made in diminution of the rental and hurt of the patrimony of the crown where the diminution may be proved and verified. Item, his majesty revokes, makes void, annuls, retreats and rescinds all and whatsoever infeftments, alienations and dispositions made by his majesty or by his late dearest father or any other of his majesty's noble progenitors of the feu ferm victual of any lands pertaining to the crown which were lawfully set in feu of before for payment of the feu ferm victual, and the same feu ferm victual is set thereafter in feu or otherwise for silver payment because such a set or feu ferm being so found and tried is clearly understood to be to the great abuse, hurt and diminution of his majesty's patrimony and rent. Item, his majesty revokes, makes void, annuls, retreats and rescinds all infeftments, alienations and dispositions with all tacks and assedations and any other sort of conveyances whatsoever made by his majesty or his majesty's dearest father, or any other of his majesty's predecessors of Scotland, against the laws of the kingdom to whatsoever persons of his majesty's castles and houses or places and rooms whereupon the said castles and houses were situated, although now demolished by injury done to his majesty and the said crown, and also all infeftments, alienations and dispositions and all other sort of conveyances whatsoever of any of his majesty's meadows, woods and parks with all tacks, assedations and other dispositions thereof made by his majesty or his predecessors foresaid against the laws of the kingdom, the same being so found and tried. Item, his majesty revokes, retreats and rescinds all and sundry infeftments, alienations, gifts, dispositions or any other conveyances whatsoever made by his majesty's said late dearest father or any other of his majesty's predecessors of Scotland during their minority and less age and not thereafter confirmed in their majority to whatsoever person or persons in feu ferm or liferent of all lands and annualrents which came in their hands as property by right of the crown, through bastardry or being last heir, by recognition or forfeiture or otherwise, with all confirmations if any be granted in parliament thereupon, providing that presentation to tenancies fallen by occasion foresaid shall in no way come under this present revocation because the same being casualties could not remain in his majesty or his said predecessor's hands in prejudice of the superior of the said tenancies, but of necessity it behoved them to present heritable tenants to the said superiors. Item, his majesty, with consent foresaid, revokes, makes void, annuls all new infeftments, confirmations and other conveyances whatsoever given by his majesty's said late dearest father or any other his majesty's predecessors of Scotland to whatsoever person or persons of any lands, baronies, lordships or other heritages whatsoever to be held in blench ferm, which were held of his majesty or of his predecessors before by service of ward and relief, and that in so far as the same is or may be found and verified to have been granted against the laws and acts of parliament of the kingdom, without prejudice always to the heritable possessors in case of reduction of their changed tenors to possess and hold their said lands heritably as they were held before the alteration of the said holding. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all regalities and gifts of regalities and all confirmations and ratifications of the said gifts and regalities made, given or granted or consented to by his majesty or his said late dearest father or any other of his majesty's predecessors of Scotland against the acts and statutes that no regalities should be given in heritage without advice and deliberation of the whole parliament, together with all charters, infeftments, confirmations, gifts of novodamus and other rights whatsoever made by his majesty or his predecessors above-named of whatsoever heritable offices against the laws and acts of parliament of the kingdom. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all new creation of lands, baronies and annexations and unions of diverse lands in fee which are made by his majesty or his said late dearest father or any other of his majesty's predecessors of Scotland in prejudice of their due service owing of before, together with all discharges given of the said service and suits of court due of old, and that in so far as the same is or may be found to be unlawfully made or against the laws of the kingdom. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all new infeftments made and given by his majesty or his said late dearest father or any other his majesty's predecessors of Scotland of creation of baronies and lordships annexed to the crown foresaid in favour of whatsoever person in so far as the same is or may be verified to have been made and granted unlawfully and against the laws of the kingdom. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all infeftments, gifts and dispositions whatsoever set, given and granted by his majesty or his said late dearest father or any other his majesty's predecessors of Scotland to whatsoever person or persons in fee, feu ferm or liferent, of whatsoever hospitals, maison dieus, lands or rents pertaining thereto in hurt or prejudice of consciences and against the laws and acts of parliament of the kingdom to the end that the said hospitals may be reduced to the first institution for upholding of the poor, so far as may be done by the laws of the kingdom, providing always that the rents of the Trinity College beside the burgh of Edinburgh and other rents assigned to the hospital and college erected by the provost, bailies and council of the burgh of Edinburgh be in no way comprehended under this present revocation. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all and whatsoever gifts, pensions, gifts of fees, wages, liveries and dispositions out of his majesty's casualties and coffers given by his majesty or by any of his majesty's noble progenitors (except such as shall be of new granted by his majesty again), together with all presentations to offices and places which by the laws of the realm fall under his majesty's revocation, excepting always the presentations, fees and pensions given to the ordinary officers of the crown after-specified, their deputes and clerks and to the other persons after-mentioned, which are declared in no way to shall within this present revocation, they are to say: the fees and pensions given and assigned to the treasurer, comptroller and collector principal and to his majesty's depute treasurer and to their deputes and clerks, to the secretary principal and his deputes, to the clerk register, to his majesty's advocate and the justice clerk and their deputes, and to the master of requests, and to the procurator for the poor, director of the chancellery and dictator of the rolls. And also declares the pensions and others underwritten in no way to fall under his majesty's revocation, namely: the pension to [James Stewart], duke of Lennox, his late father or uncle; the pension to [William Douglas], earl of Morton, with the tack and assedation of Orkney and Shetland; the pension to Sir Robert Kerr of Ancrum; the pension to Master John Sandilands; the pension to Sir James Lockhart [younger, of Lee]; the pension to Sir James Livingstone [of Biel]; the pension to Sir William Balfour; the pension to Halbert Maxwell; the pension to Sir James Carmichael [of that Ilk]; the pension to Sir James Ramsay; and the pension to Sir John Murray of Ravelrig, which his majesty and estates declare shall stand in effect, notwithstanding of this present revocation. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all gifts, pensions and free discharges of the thirds of benefices granted by his majesty or his said late dearest father or any other of his majesty's predecessors of Scotland to whatsoever person or persons against the laws and acts of parliament of the kingdom, with all tacks of thirds of benefices whereby the rental duty is diminished or where the whole benefice is set and conveyed in diminution of the third thereof, in so far as the same is contrary to the laws of the kingdom as said. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all and whatsoever infeftments made by his majesty or his said late dearest father or any other his majesty's predecessors of any church lands, friar lands, monk lands or common lands which in any way fell and became in their hands as property, and that in so far as the same is or may be verified to be made contrary and against the laws and acts of parliament of the kingdom, reserving always the infeftment made for erection and sustentation of hospitals and ministers within burghs where there is no assignation nor stipend allowed out of the thirds of benefices for sustentation of the ministers thereof, and declares that all such infeftments of church lands as are before expressed fall under this revocation if the person or persons and their successors to whom the same have been conveyed have not answered and performed the cause and ends expressed in the said infeftments, and for the which the said infeftments were granted by his majesty and his predecessors as said is. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all tacks and assedations whatsoever of any common churches within the realm of Scotland made by his majesty or his said late dearest father or any other his majesty's predecessors of Scotland in so far as the same is or may be found and verified to be made against the laws and acts of parliament of the kingdom, providing always that there shall be sufficient ministers appointed to serve the said churches who shall make residence and shall be sufficiently sustained of the readiest fruits of the said common kirks according to the general order taken relating thereto. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all gifts of monks' portions, first fruits or fifth penny of any benefices whereto his majesty has right by the acts of parliament made before to that end, and that in so far as the said gifts are or may be found to be granted against the laws of the kingdom. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all gifts and infeftments made, done and consented to, to whatsoever person or persons by his majesty or his majesty's said late dearest father or any other his majesty's predecessors of Scotland of whatsoever advocation, donation and right of patronage given or annexed to any lordships, lands or barony where the said patronage, advocation and donation of benefice pertained not before of right, but which takes the beginning and ground from any gift and infeftment thereof made, with this clause of novodamus where the purchaser of the said infeftment had no right to the said patronage, advocation and donation of before; and that in so far as the same is or may be found to be granted against the laws and acts of parliament of the kingdom. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all gifts, dispositions of surplus omitted of the fruits of benefice given by his majesty, his said late dearest father, or any other his majesty's predecessors of Scotland in so far as the same is or may be found and verified to be granted against the laws and acts of parliament of the kingdom. Item, his majesty, with consent of the estates, revokes, makes void, annuls, retreats and rescinds all grants and infeftments of erections of whatsoever abbacy or other prelacy in whole or in part, temporality or spirituality thereof, made and granted or consented to by his majesty at any time preceding the date hereof, to and in favour of whatsoever person or persons, and declares the same null and of no value by way of action, exception or reply. And also his majesty and estates revoke all infeftments of erections made and granted by his majesty's said late dearest father or any his majesty's predecessors of Scotland of whatsoever abbacy, priory, nunnery, preceptory or any other erected benefice whatsoever of whatsoever nature, quality or condition, whereof the presentation should pertain to his majesty if the same were not erected in a temporal barony, lordship or living or of any part or pendicle thereof, either spirituality or temporality of the same, to and in favour of whatsoever person or persons, and that in so far as the same is or may be verified to be granted against the general laws and acts of parliament of the kingdom, and to that effect revoke, make void, annul, retreat and rescind all acts, statutes and dissolutions of any of the said erected benefices, lands or teinds of the same whereupon the said infeftments of erections are or have been founded, and that in so far as the same is or may be found and verified to be contrary to the general laws, acts of parliament and statutes of the kingdom as said is. And generally his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all acts, constitutions, dispositions, grants, conveyances, ratifications and all other things whatsoever done or consented to by his majesty at any time preceding the date hereof, or by his late dearest father or by any other of his majesty's predecessors of Scotland in detriment of their soul and conscience, in hurt and detriment of the crown and church, and contrary to the laws and acts of parliament of the kingdom, and wills and declares that this revocation shall be as amply extended and to be of as great effect in general and special as any revocation made by any of his majesty's royal predecessors before the date hereof contained in the books of parliament, which in all heads, clauses, circumstances thereof are held as repeated here. And also his majesty, with consent of the estates, ordains and decrees that albeit it shall happen his majesty for any respect or consideration to suffer any person or persons to use or possess any privilege or possessions, lands, rents, offices which are fallen under the compass hereof, that it shall make no right to the users and holders thereof, but it shall be lawful to his majesty and his successors to intromit therewith whenever it shall please them by virtue of these present acts and customs of the realm made before without any obstacle, impediment or contradiction.
[1633/6/25]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves the whole acts of annexation of whatsoever lands, lordships and baronies annexed to the crown by his majesty's late father or any other of his majesty's predecessors. And further his majesty and estates foresaid, and without derogation of the former annexations, of new annex the same to the crown, to remain therewith for ever according to the conditions and provisions contained in the former acts of annexation of lands to the crown, and specially of the act of annexation made in the days of King James II in the month of August 1455. Moreover, his majesty, with consent foresaid, declares the right and title of superiority of all and sundry lands, baronies, mills, woods, fishings, towers, fortalices, manor places and whole pertinents thereof pertaining to whatsoever abbacies, priories, prioresses, preceptories and whatsoever other benefices of whatsoever estate, degree, title, name or designation the same be of, erected in temporal lordships, baronies or livings before or after the general act of annexation of kirklands made in the month of July 1587, together with the whole feu mails, feu ferms and other rents and duties of the said superiorities, to be annexed and to remain with the crown for ever, reserving to such lords and titulars of erections and each one of them who have subscribed the general surrender the feu mails and feu ferms of their said superiorities until they receive payment and satisfaction of the sum of 1,000 merks usual money of Scotland for each chalder of feu ferm victual overhead and for each 100 merks of feu mails and for each 100 merks worth of all other constant rent of the said superiorities not consisting in victual or money and not being naked service of vassals, according to the tenor of his majesty's general determination and according to the conditions therein expressed, and reserving to them and to all other titulars of erection their property and proper lands, to be held of his majesty and his successors in feu ferm for payment of the feu ferm duties and other duties contained in the old infeftments made to them, their predecessors and authors before the said act of annexation. Likewise his majesty and estates foresaid find and declare that all titulars of erection without exception shall hold their property and proper lands of his majesty and his successors in feu ferm for payment of the feu ferm duties contained in the infeftments granted to them and their foresaid before the said act of annexation and no otherwise. And his majesty and estates declare all rights and deeds whatsoever made and granted to whatsoever person or persons preceding the date hereof which may prejudice his majesty and his successors in the peaceable holding, enjoying and possessing of the said superiorities and feu ferm duties above-specified (excepting and reserving as said is) to be null and of no value, force nor effect by way of action, exception or reply. And also his majesty and estates ratify and approve the acts of parliament made by his majesty's said late dearest father of eternal memory, the 15th parliament, chapter 233, entitled, 'Regarding the annexation of the king's annexed property', together with the 234th act of the said parliament entitled, 'The annexed property may not be conveyed but in feu ferm only', and also the 236th act of the same parliament, entitled, 'Disposition of the annexed property made before the dissolution or not according to the conditions thereof is null', and also the 243rd act of the said 15th parliament entitled, 'Regarding ratifications or dispositions made in parliament', and ordain the same to have full force and effect in all time coming, and declare all deeds done in contrary thereof to be null and of no value by way of action, exception or reply. It is always declared that under this present act or any clause thereof in no way shall be comprehended the temporal lands, superiorities and others pertaining to whatsoever archbishops, bishops and their chapters, but that the same shall remain with them and their successors unhurt or prejudiced by this present act.
[1633/6/26]*[print] [email] [cite] [preceding] [following]
Forasmuch as albeit the lands, lordships, baronies and others of old are lately annexed to the crown, were and are, for great and weighty considerations tending to the well of the crown and whole realm, ordained to remain with our sovereign lord and his successors for ever and not to be conveyed nor alienated in fee nor liferent to whatsoever person or persons without advice of the three estates of parliament, and for profitable and evident causes tending to the well of the whole realm, yet nevertheless it has been ever thought expedient in the days of our sovereign lord's most glorious predecessors and in no way derogatory to the conditions of the said annexations, but agreeable thereto as tending to the public well of the crown and kingdom that the annexed and proper lands should be set in feu ferm for increase of policy and augmentation of the rental. And his majesty being well pleased to observe and follow the order kept by his majesty's predecessors foresaid regarding his majesty's annexed property, therefore his majesty, with consent of his three estates of parliament, statutes and ordains that it shall be lawful to his majesty during his time to set all and sundry lands, baronies, lordships, mills, fishings and other of his majesty's proper lands, both of the old and new annexed property and of the temporality of kirklands, in feu ferm, so that it be not in diminution of his majesty's rental, grassums and other duties, but in augmentation thereof, providing always that this present dissolution shall in no way be extended to the setting in feu ferm of any of our sovereign lord's castles, palaces, yards, woods, parks, forests, pastures for sheep and cattle, and especially the lomonds of Falkland, coal pits and offices, but the same to remain inseparably annexed to the crown notwithstanding of this present dissolution. And declares that this present dissolution shall endure for the lifetime of our sovereign lord, the king's majesty who now is, only so that the lands and others foresaid which he sets in feu ferm in his time, with the condition foresaid, shall stand perpetually to and in favour of the receivers thereof, their heirs and successors, and after his decease the annexations made at this present parliament and of before shall return to the own nature.
[1633/6/27]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the act of the lords of council and session of the date at Edinburgh, 30 March 1630, regarding the interruption of the act of prescription in favour of his majesty and his successors, together with the act of secret council of the date at Holyroodhouse, 26 May 1630, whereby the said lords of secret council have allowed and approved the said act, and ordain the said acts to be inserted in this present ratification. And his majesty and estates declare the said acts to have the full force, effect and execution of a law, statute and act of parliament in favour of his majesty and his successors in all time coming.
Follows the tenor of the act of council and session:
At Edinburgh, 30 March 1630. The which day, in presence of the lords of council and session, compeared personally Sir Thomas Hope of Craighall, knight baronet, his majesty's advocate, and presented a letter directed from his sacred majesty, whereof the tenor follows: Rex. Right trusty and right well-beloved cousin and councillor and trusty well-beloved, we greet you well. Whereas by act of parliament made in the month of June 1617 all heritable rights clad with 40 years' possession are declared to be irreducible in all time coming, except the same be quarrelled within the space of 40 years, and by the same act there is liberty granted to all persons who might be prejudiced by the said prescription of 40 years already run and expired before the date of the said act to intend their actions within the space of 13 years after the date of the said act; and whereas we, shortly after the decease of our dearest father of eternal memory, made our general revocation in the month of October 1625, which revocation we by two special letters of declaration, one of the date at Whitehall, 26 January 1626, and registered in the books of secret council on 9 February 1626, and another of the date at Wanstead, 11 July 1626, and registered in the books of secret council upon 21 July 1626, have restricted to the annulling of rights of the property of the crown, as well annexed as unannexed, whereof account has been made in exchequer, and of the principality unlawfully conveyed by our predecessors against the laws and acts then standing, and to the annulling of erections and other dispositions of whatsoever lands, teinds, patronages and benefices formerly belonging to the kirk and since annexed to the crown, and of any other lands and benefices mortified and devoted to pious uses, and of regalities and heritable offices, and of the change from the ancient holdings of ward and relief to blench or taxed ward since the year of God 1540. And because we were unwilling to enter in process with our subjects regarding the premises, but rather desired to take a fair course with all such as would voluntarily treat with us or our commissioners thereto, therefore we were pleased by our commission of the date at Whitehall, 17 January 1627 to appoint certain of our nobility, clergy, gentry, barons and burgesses to be commissioners to treat and deal between us and our subjects regarding the premises. And albeit the said commission has made a good progress in the said matter of erection and teinds, and that a great number of our subjects having interest therein have subscribed to us general submissions, whereupon we have given forth our several determinations for the good of our subjects and establishing of the perpetual quietness and peace of that our ancient kingdom, yet it is certain that many of those who have interest in erections and teinds lie forth and have not subscribed the said general submissions, likewise also the remaining points of our said commission regarding the patronage of kirks, rights and infeftments of our property and principality, regalities, heritable offices and changed tenors of holding in blench or tax wards are not as yet begun to be handled and treated, and cannot be possibly finished and closed before the expiring of the time and years of interruption allowed by the said act. And because we will not suffer ourself or our successors to be prejudiced by delay of the execution of the said commission of the lawful actions competent to us and them for reducing of such rights of the premises to the which we have undoubted interest, and seeing a multitude cannot be commodiously summoned and warned personally or at their dwelling places in so short time as is to run of the said time of prescription, therefore, and for preservation of our rights and actions competent to us and our successors regarding the premises necessary, it is that some solemn act be done by us to testify our will and resolution to prosecute our said actions in the own time if the same be not taken away and removed by the said commission, which we think cannot be more properly and conveniently done than by inserting of this our declaration in your books of session and directing of letters of publication thereupon certifying all our lieges who have interest in the premises by open proclamation at the market cross of our burgh of Edinburgh and other places needful of this our pleasure, will and declaration, and that the same be declared by you to have the strength, force, virtue and power of a legal and perfect interruption. And therefore we require you immediately after the sight hereof to cause insert this letter in your books of session and to declare the same to have the force of a legal and lawful interruption, and to direct letters of publication thereupon in the appropriate form, which, not doubting you will do, we bid you farewell. From our court at Whitehall, 29 November 1629. With the which letter, tenor, contents and desire thereof, after the same with the act of parliament whereto it is relative was read in their whole presence, the said lords being well and ripely advised and having considered the justice and equity of his majesty's will and pleasure therein contained, they have ordained and ordain the said letter and declaration contained therein to be inserted and registered in their books of sederunt, and ordain letters of publication to be directed and passed thereupon certifying all his majesty's lieges who have interest by open proclamation at the market cross of Edinburgh and other market crosses of the kingdom where the lands, baronies and others underwritten lie, or where the persons and subjects dwell and remain against whom the said declaration is to have the effect of a legal interruption in manner following, and by open proclamation at the said market cross of Edinburgh and pier and shore of Leith for all such of his majesty's lieges who are out of this realm, of his majesty's pleasure, will and declaration, and of the said lords their decreet and authority interposed thereto. Likewise the said lords declare that the said declaration registered as said is and to be published in manner foresaid shall have the strength, force and power of a legal and perfect interruption against all persons having interest, and that in so far only as may be extended to the particulars following, namely: to his majesty's annexed property and his majesty's property unannexed whereof the ferms, duties or feu ferms have been accounted in his majesty's exchequer since the month of August 1455 and unlawfully conveyed by his majesty's predecessors against the acts of parliament and laws of the kingdom, and to the principality unlawfully conveyed by his majesty's predecessors against the acts of parliament and laws of this kingdom, and to the reduction of whatsoever erections of whatsoever benefices, spirituality or temporality thereof, against the laws and acts of parliament, and to the reduction of whatsoever patronages of kirks pertaining to his majesty and his predecessors and unlawfully conveyed by them against the acts of parliament, and against unlawful dispositions of whatsoever lands, teinds or rents endowed to hospitals or maison dieus, and unlawfully conveyed against the acts of parliament, and against regalities and heritable offices unlawfully conveyed contrary to the acts of parliament, and against all changed tenors of holding from ward to blench or taxed ward granted by the kings and princes in their minorities, and not granted or ratified by any king or prince being major, with this declaration: likewise the said lords declare that the same shall not prejudice any person whatsoever of their lawful defence competent to them against any action to be intended hereafter at his majesty's instance and his successors, except in so far as concern the said act of prescription, whereupon the said lords declare that no exception shall be founded in prejudice of his majesty and his successors.
Follows the tenor of the act of secret council:
At Holyroodhouse, 26 May 1630. The which day, in presence of the lords of secret council, compeared personally Sir Thomas Hope of Craighall, knight baronet, his majesty's advocate, and gave in the act of session underwritten made in favour of his majesty regarding the interruption of the act of prescription and desired the same to be inserted and registered in the books of privy council and the lords' authority to be interposed thereto. Which act of session being read, heard and considered by the said lords, and they being therewith and with the desire of the said advocate well advised, the lords of secret council think the course and order taken by the said lords of session for interrupting of the said act of prescription to be just and reasonable, and therefore they ordain the said act of session to be inserted and registered in the books of privy council, whereof the tenor follows:
At Edinburgh, 30 March 1630. The which day, in presence of the lords of council, compeared personally Sir Thomas Hope of Craighall, knight baronet, his majesty's advocate, and presented a letter direct from his sacred majesty, whereof the tenor follows: Charles Rex. Right trusty and right well-beloved cousin and councillor and right trusty and well-beloved, we greet you well. Whereas by act of parliament made in the month of June 1617 all heritable rights clad with 40 years' possession are declared to be irreducible in all time coming, except the same be quarrelled within the space of 40 years, and by the same act there is liberty granted to all persons who might be prejudiced by the said prescription of 40 years already run and expired before the date of the said act to intend their actions within the space of 13 years after the date of the said act. And whereas we shortly after the decease of our dearest father of eternal memory made our general revocation in the month of October 1625, which revocation we by two special letters of declaration, one of the date at Whitehall, 26 January 1626, and registered in the books of our secret council on 9 February 1626, and another of the date at Wanstead, 11 July 1626, and registered in the books of our secret council upon 21 July 1626, have restricted to the annulling of rights of the property of our crown, as well annexed as unannexed, whereof account has been made in our exchequer, and of the principality unlawfully conveyed by our predecessors against the laws and acts then standing, and to the annulling of erections and other dispositions of whatsoever lands, teinds, patronages and benefices formerly belonging to the kirk and since annexed to the crown, and of any other lands and patronages which in any way should justly belong to the kirk or crown, and of whatsoever lands and benefices mortified and devoted to pious uses, and of regalities and heritable offices, and of the change of holdings from the ancient holding of ward and relief to blench and taxed ward since the year of God 1540. And because we were unwilling to enter in process with our subjects regarding the premises, but rather desired to take a fair course with all such as would voluntarily treat with us or our commissioners in respect thereto, therefore we were pleased by our commission of the date at Whitehall, 17 January 1627 to appoint certain of our nobility, clergy, gentry, barons and burgesses to be commissioners to treat and deal between us and our subjects in the premises. And albeit the said commission has made a good progress in the said matter of erections and teinds, and that a great number of our subjects having interest therein have subscribed to us general submissions, whereupon we have given forth our several determinations for the good of our subjects and establishing the perpetual quietness and peace of that our ancient kingdom, yet it is certain that many of those who have interest in erections and teinds lie forth and have not subscribed the said general submissions; likewise also the remaining points of our said commission regarding the patronage of kirks, rights, infeftments of our property and principality, regalities, heritable offices and changed tenors of holdings in blench or tax wards are not as yet begun to be handled and treated and cannot possibly be finished and closed before the expiring of the time and years of the interruption allowed by the said act, and because we will not suffer ourselves nor our successors to be prejudiced by delay of the execution of the said commission of the lawful actions competent to us and them for reducing such rights of the premises to the which we have undoubted interest, and seeing a multitude cannot be commodiously summoned and warned personally and at their dwelling places in so short time as is to run of the said time of prescription, therefore, and for preservation of our rights and actions competent to us and our successors regarding the premises, it is necessary that some solemn act be done by us to testify our will and resolution to prosecute our said actions in the own time if the same be not taken away and removed by the said commission, which we think cannot be more properly and conveniently done than by inserting of that our declaration in your books of session and directing of letters of publication thereupon certifying all our lieges who have interest in the premises by open proclamation at the market cross of Edinburgh and other places needful of that our pleasure and declaration, and that the same be declared by you to have the strength, force, power and virtue of a legal and perfect interruption. And therefore we require you immediately after the sight hereof to cause insert this letter in your books of session, and to declare the same to have the force of a legal and lawful interruption, and to direct letters of publication thereupon, in the appropriate form, which, not doubting you will do, we bid you farewell. From our court at Whitehall, 29 November 1629. With the which letter, tenor, contents and desire thereof, after that the same with the act of parliament whereto it is relative were read in their whole presence, the said lords being well and ripely advised and having considered the justice of his majesty's will and declaration contained therein, they have ordained and ordain the said letter and declaration therein contained to be inserted and registered in their books of sederunt, and ordain letters of publication to be directed and passed thereupon certifying all his majesty's lieges who have interest by open proclamation at the market cross of Edinburgh and other market crosses of the kingdom where the lands, baronies and others lie or where the persons and subjects dwell and remain, against whom the said declaration is to have effect of a legal interruption in manner following, and by open proclamation at the said market cross of Edinburgh and pier and shore of Leith for all such of his majesty's subjects as are out of this realm, of his majesty's pleasure, will and declaration, and of the said lords, their decreet and authority interposed thereto. Likewise the said lords declare that the said declaration registered as said is and to be published in manner foresaid shall have the strength, force and power of a legal and perfect interruption against all parties having interest, and that in so far only as may be extended to the particulars following, namely: to his majesty's annexed property and his majesty's property unannexed, whereof the ferm duties or feu ferms have been accounted in his majesty's exchequer since the month of August 1455 and unlawfully conveyed by his majesty's predecessors against the acts of parliament and laws of the kingdom, and to the principality unlawfully conveyed against the acts of parliament and laws of this kingdom, and to the reduction of whatsoever erections of whatsoever benefices, spirituality and temporality thereof, unlawfully conveyed against the laws and acts of parliament, and to the reduction of whatsoever patronages of kirks pertaining to his majesty and his predecessors and unlawfully conveyed by them against the acts of parliament, and against unlawful dispositions of whatsoever teinds, lands and rents endowed to hospitals and maison dieus and unlawfully conveyed against the acts of parliament, and against regalities and heritable offices unlawfully conveyed contrary to the acts of parliament, and against all changed tenors of holdings from ward to blench or taxed ward granted by the kings and princes in their minorities and not granted or ratified by any king or prince being major, with this declaration: likewise the said lords declare that the same shall not prejudice any person whatsoever of their lawful defences competent to them against any action to be intended hereafter at his majesty's instance and his successors, except in so far as concern the said act of prescription, whereupon the said lords declare that no exception shall be founded in prejudice of his majesty and his successors concerning the premises.
[1633/6/28]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, ratifies and approves that head and article of the act of parliament made in the month of July 1587, chapter 29, 'Regarding the annexation of the temporality of benefices to the crown', whereby the right and privilege of regality which pertained to whatsoever abbacy, priory, prioress or other benefice whatsoever is annexed to the crown, with this declaration: that the heirs of the vassals of the heritable tenants shall be entered by brieves forth of his majesty's chancellery to be directed to the provost and bailies of the burghs of the said regalities, without prejudice always to heritable bailies and stewarts of the said regalities, their heirs and successors of their rights and infeftments granted to them of the said bailiaries and stewartries of regality, which shall remain with them in the same condition they were before the same act of annexation except in the change of their superior, namely: in the king's majesty and his successors who in all times thereafter shall be their superior, as in the said act of parliament of the date foresaid at more length is contained. And further his majesty, with consent of the estates of parliament, makes void, annuls, retreats and rescinds all rights and titles made and granted by his majesty or his majesty's late father or by the late Queen Mary, his grandmother, to whatsoever person or persons of the right and privilege of regality pertaining to whatsoever abbot, prior, prioress, preceptor or other beneficed person whatsoever at any time preceding the date hereof, and declares the right and title of all and whatsoever regalities within the kingdom which pertained to whatsoever benefice, particularly or generally above-specified, at any time preceding the general annexation of kirklands, without respect to any exception mentioned in the said act of annexation, to pertain to his majesty and his successors in all time coming, reserving always to all heritable bailies and stewarts of the said regalities their rights and infeftments of the said bailiaries and stewartries granted to them by the said beneficed persons at any time preceding the date of the erections of the said abbacies, priories and others foresaid in temporal lordships. And it is declared that this act shall in no way be extended to the right of regality of whatsoever lands and superiorities pertaining to the archbishops and bishops of this kingdom by virtue of their gifts and provisions granted to them or their predecessors thereupon, which shall remain with them unhurt or prejudiced by this present act. And also it is declared, determined and ordained that the lands and barony of Broughton, comprehending the towns, lands, burgh in barony, mills and others mentioned in the infeftments granted by his majesty under his highness's great seal to his highness's right trusty cousin and councillor Robert [Ker], earl of Roxburghe, of the date the [...] day of [...] 1630, shall not be comprehended herein, excluding the same wholly therefrom to remain with the said earl, his heirs and successors, after the form and tenor of the infeftments made to him and his authors of the same.
[1633/6/29]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, finds, declares and ordains that his majesty and his successors have and shall have good and undoubted right to the superiority of all and sundry lands, baronies, mills, woods, fishings, towers, fortalices, manor places and whole pertinents thereof pertaining to whatsoever abbacies, priories, prioresses, preceptories and whatsoever other benefices, of whatsoever estate, degree, title, name or designation the same be of, erected in temporal lordships, baronies or livings before or after the general annexation of kirklands made in July 1587, and to the whole casualties of the said superiorities not conveyed before the date of the general commission, which is of the date at Whitehall, 17 January 1627; and also to the whole feu mails, feu ferms and other rents and duties of the said superiorities of all years after the date of the said commission, reserving to such lords and titulars of erections who have subscribed the general surrender the feu mails and feu ferms of their said superiorities until they receive payment and satisfaction of the sum of 1,000 merks usual money of Scotland for each chalder of feu ferm victual overhead, and for each 100 merks of feu mails and for each 100 merks worth of all other constant rent of the said superiorities (not consisting in victual or money and not being naked service of vassals), according to the tenor of his majesty's general determination and according to the conditions therein contained, which are held as repeated and expressed here. And also with this declaration: that this act shall be without prejudice to the said lords and titulars of erection of whatsoever lands, baronies, woods, fishings, manor places, mills, multures and others of the said erected benefices pertaining to those who have surrendered as said is in property, and whereof they had the right of property the time of the said general surrender, acquired by them either before or since the said erections by whatsoever manner of way according to the laws of the kingdom, providing they hold the said property of his majesty and his successors as the same were held before the date of the said erections and for payment of the feu mails, feu ferms and other duties mentioned in the old infeftments of the said lands before the date of the said erections. And his majesty and estates declare all rights and deeds whatsoever granted by his majesty or his late dearest father or grandmother, Queen Mary, to whatsoever titulars of erections which may prejudice his majesty and his successors in the peaceable holding, enjoying and possessing of the said superiorities and whole benefit thereof above-specified (under the exceptions always and provisions above-written) to be null and of no value, force nor effect by way of action, exception or reply. And also find and declare that the said lords and titulars of erection shall hold their property and proper lands of his majesty and his successors as the same were held before the date of the said erections, and for payment of the feu mails, feu ferms and other duties mentioned in the old infeftments of the said lands granted to them and their authors before the date of the said erections. It is always provided and declared that this act nor any clause therein contained shall be extended to the superiorities of whatsoever lands, baronies and others pertaining to whatsoever archbishop, bishop and their chapters, but that the same shall remain with them and their successors unhurt or prejudiced by this present act.
[1633/6/30]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the act of the general commission of teinds and surrenders of the date at Holyroodhouse, 29 May 1627, whereby it is found and ordained that his majesty and his successors shall have the constant rent and duty following paid out of the teind bolls of victual, and out of the body of the rest of the teinds of the kingdom reduced in money, except the teind bolls and silver paid to the bishops, being the rent pertaining to them, in the estate wherein the same is presently paid or presently payable to them, and except the teind bolls and silver paid to ministers in name of stipend for serving the cure and to the colleges, hospitals and other pious uses, that is to say: of every teind boll of the best wheat, 10s; of every boll of the best teind barley, 8s; and of every boll of the best teind oats, meal, peas and rye, 6s; and where oats are of that nature that they will not render above half meal, the rent is to be 3s; and where the bolls of victual are of inferior goodness, worth and price than the best, that his majesty's annuity forth thereof shall be modified proportionally; and where the rent does not consist in victual but in money, that his majesty and his successors shall have of every 100 merks of parsonage and vicarage teind not consisting in victual rent the sum of 6 merks money: together with the act of the said commission of the date at Holyroodhouse, 8 August 1628, whereby it is ordained that the payment of the said annuity shall have the beginning of the crop and year of God 1628; together with another act of the said commission of the date at Holyroodhouse, 14 July 1630, whereby letters of horning are ordained to be directed at the instance of his majesty's treasurer for payment of the said annuity of the crops 1628 and 1629 and yearly in time coming; together with an act of the convention of the estates of the date at Holyroodhouse, 29 July 1630, whereby the said estates have ratified and approved the said act of the date and tenor foresaid, regarding letters of horning to be directed at the instance of his majesty's treasurer for payment of his majesty's annuity of the crops and years of God 1628 and 1629 and yearly in time coming; and also ratifies and approves the act of the said commission of the date 23 March 1631, whereby it is ordained that in all teinds which shall be unvalued between now and 1 August 1631, that the heritor shall pay his just teind according to the fifth part of the present rent until the time that the constant rent be determined, and whereby it is statute and ordained that his majesty shall have right to uplift his annuity according to the said fifth part of the present rent until the time that the said constant rent be determined; together with another act of the said commission of teinds and surrenders of the date at Holyroodhouse, 14 December 1631, and ratified by the lords of secret council upon 20 December, whereby it is statute and ordained for an interim that the annuity of teinds consisting in victual shall be paid to his majesty of all years bygone and in time coming according to the tenor of the said last act, and that according to the just and true prices of the victual in each part of the country, accounting for each 100 merks of the prices of the said victual, being reduced in money, 6 merks for his majesty's annuity, which act is thereafter upon 20 December 1631 ratified by the lords of secret council and letters of horning and poinding ordained to be directed thereupon, and thereafter ratified by the lords of exchequer upon 23 December. And his majesty and estates statute and ordain the said annuity forth of the teinds to be paid to his majesty and his successors of the said crop and year of God 1628, and of all years since and in time coming, and that as well out of the unvalued as valued teinds, according to the tenors of the said acts of convention, secret council and exchequer. And ordain letters of horning and poinding to be directed by the lords of his majesty's exchequer at the instance of his majesty's treasurer principal and depute for payment of the said annuity of all years bygone and in time coming. And ordain the lords of his majesty's exchequer to sit at all convenient times for granting and discussing of suspensions touching the said annuity of teinds. It is always declared that the last clause and article contained in the said act of annuity whereby the commissioners think fit that the said annuity of teinds shall be annexed to the crown is in no way ratified by this present act nor any clause thereof, and that his majesty takes to his own gracious consideration what to do relating thereto in whole or in part as his majesty in his royal wisdom shall think most expedient; and whatever his majesty shall do now or hereafter relating thereto shall be as valid and effectual as if the same had been particularly expressed in this present act.
[1633/6/31]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the act of parliament made by his majesty's late father of eternal memory, 18th parliament, chapter 12, entitled, 'Act regarding setting of feus to sub-vassals of wardlands', in the whole heads and articles thereof. And further his majesty, with consent of the said estates, has extended and does extend the said act of parliament and benefit thereof in favour of his sacred majesty and of the prince of Scotland and their successors in all time coming, and statutes and ordains that it shall in no way be lawful to whatsoever vassals holding lands of his majesty or of the prince of Scotland or of any duke, marquis, earl, viscount, lord, prelate, baron or any other person whatsoever holding their land of their superiors by service of ward and relief to set their said lands, baronies, mills, fishings or any other lands or heritages whatsoever, holding ward as said is, to any other person or persons in feu for payment of a feu ferm duty or in any manner of holding in prejudice of the said ward holding without special advice and consent of their superiors of whom they hold the same respectively, and rescinds and annuls all former acts of parliament of whatsoever date or tenor which may in any sort derogate to this present act. And finds and declares that all and whatsoever infeftments to be granted otherwise without consent of the said superiors respectively or their confirmation obtained thereto does in no way stop the ward of the said lands nor hinder the course of recognition vacant or which shall happen to fall vacant in the superior's hands in case of alienation of the same, either of the whole or of the most part thereof, according to the course of the common law, without consent of their superiors, without prejudice to their said superiors respectively and their successors of the benefit of the said act of parliament 1606, whereby all such infeftments and grants without consent as said is are declared to be null by way of action, exception or reply, which clause shall stand in favour of his majesty and in favour of the prince and their successors and other superiors respectively foresaid, each and in the same manner as if the said clause were inserted in this present act. And this act shall not be extended to deeds lawfully done in time bygone before the date of this present act, but only in future.
[1633/6/32]*[print] [email] [cite] [preceding] [following]
Forasmuch as our sovereign lord, out of his royal and fatherly care, tendering the public good of this his ancient kingdom, did immediately after his happy attaining to the crown publish and give forth his royal declaration regarding the reforming of the abuses used in leading of teinds, wherein his majesty's late father of eternal and blessed memory laboured so much in his time and for provision and maintenance of kirks and other pious uses out of the said teinds. And now his majesty, being by God's gracious providence present in his royal person within this his majesty's ancient kingdom, and holding this his first parliament of his whole estates of the same, with whom his majesty has advised and resolved to put that glorious work regarding the teinds to a full perfection, therefore his majesty, with consent of the three estates, by this act, statutes, ordains and declares that there shall be no teind sheaves or other teinds, parsonage or vicarage, led and drawn within the kingdom, but that each heritor and life-renter of lands shall have the leading and drawing of their own teind, the same being first truly and lawfully valued, and they paying thereof the price after-specified in case they are willing to buy the same or otherwise paying thereof the rate of teind after-specified. Likewise his majesty and estates find and declare that the just and true rate of teinds is and shall be the fifth part of the constant rent which each land pays in stock and teind where the same are valued jointly, and where the teinds are valued apart and separately that the just rate thereof is and shall be such as the same is already or shall be hereafter valued and proved before the said commissioners or sub-commissioners, deducting the fifth part thereof for the ease of the heritors, reserving always liberty to such as shall find themselves severely hurt by the leading of the said valuations to pursue for rectifying of the same before the commissioners appointed by his majesty and estates for that effect. And also his majesty, with consent of the three estates, finds and declares that the price of all teinds which may be sold and alienated consisting either in money, victual or other bodies of goods is and shall be ruled and estimated according to nine years' purchase, the prices of victual and other bodies of goods whereof the teind consists being reduced in money according to the worth and price of victual and goods in each part of the country, to the which the same is and shall be apprised and estimated by his majesty's commissioners already appointed or to be appointed to that effect; and finds and declares that each heritor in the kingdom being willing to buy his own teind from the titulars having power to sell the same shall be obliged to buy the teinds of his own lands, except so much as shall be locally assigned to the minister serving the cure of the kirk for his maintenance, and to pay the prices foresaid between now and the term of Martinmas [11 November] 1635, where the valuation of the teinds is made and approved before the date hereof, and where the same is not yet valued and approved, within the space of two years after the same be valued and approved by the commissioners to be appointed by his majesty and estates to that effect; after the expiring of the which time his majesty and estates declare that the said titulars shall not be compelled to sell the same, except they do it of their own good will and consent, with this declaration always: that in case the impediment of not selling during the space foresaid flow from the titular by reason of his minority or other inability, in that case the heritor who offers himself ready to buy his own teind within the space foresaid shall have place so soon as the impediment is removed to buy his teinds, notwithstanding of the expiring of the years and spaces above-expressed. And it is declared that if the heritor be minor and his tutors neglect the buying of his teinds within the space foresaid, the minor shall have action against his tutors for the loss and taking part, but not action to compel the titular after the expiring of the space foresaid for selling of the said teinds. And where the said teinds are cost by the heritors as said is, finds that the heritor shall be obliged to give to the life-renter of the said lands having right thereto by contract of marriage, liferent, infeftment, conjunct fee or reservation out of the infeftment of fee, the leading of the teinds of their said liferent lands for payment of the rate of the teind of the same. And also finds that in all cases where teinds are not cost, that the heritors or life-renters of lands who have the leading of their own teinds by themselves, their tenants and others in their name shall be obliged to pay to the titulars of teinds the yearly rate thereof, according to the valuation of the same made or to be made, and to give security thereof according to the order set down and prescribed by the commissioners of surrenders and teinds or to be set down by the commissioners appointed or to be appointed by his majesty, with consent of the estates of this present parliament, deducting so much thereof as shall be assigned to the minister for his maintenance. It is always declared that whether the said teinds be sold or not, his majesty shall have his annuity out of the same according to the tenor of the act of annuity. And because sundry questions may arise both regarding the valuation of teinds and price of the same in diverse parts of the country, and regarding the securities to be made by the titulars to the heritors who buy their teinds and by the heritors to the titulars of the price to be paid for the same where the teinds are cost, or for payment of the rate of teind where the same is not cost, and also regarding the provision of the kirks with competent maintenance and for division of the price of teinds between the heritors and life-renters and rectifying of valuations already led to the severe hurt and prejudice of those having interest, therefore his majesty and estates have referred and refer the determination of the said particulars and all others concerning the teinds to the commissioners appointed by his majesty and estates in this present parliament. It is always declared that this present act shall be no further obligatory against whatsoever archbishops, bishops, parsons, vicars and other beneficed persons being ministers nor their successors but according to the provisions and conditions expressed in the submission made by the bishops to his majesty, which is of the date the [...] day of [...] 1628, and registered in the books of commission of surrenders and teinds upon 13 July 1631, which provisions and conditions are held as expressed herein. And also it is declared that the vicarages of each kirk being a separate benefice and title from the parsonage shall be separately valued to the effect the titulars or ministers serving the cure who have right to the said vicarages be not frustrated of the true worth of the said vicarages.
[1633/6/33]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve that head and clause of parliament made upon 22 May 1584, whereby his majesty's late father of eternal memory, with consent of the estates, appointed and ordained that all causes concerning his majesty's property, whether the same be suspension letters conforming to breaking of arrestment, deforcement of officers in the premises or any thing depending thereupon, shall be discussed before his majesty's exchequer in the exchequer house. And also his majesty, with consent of the estates, statutes and ordains that the lords of exchequer appointed or to be appointed by his majesty shall have undoubted power, warrant and authority to sit, examine and decide in all the foresaid causes concerning his majesty's property and others depending thereupon, and also in all causes concerning his majesty's annuity out of the teinds, and ordains them to sit at all convenient times for passing and discussing of suspensions and for deciding of all other actions concerning the said property and annuity of teinds, and to direct letters of horning and poinding and other execution necessary upon the decreets pronounced by them of or concerning the premises, and the horning to pass upon a simple charge of 10 days upon this side of the River Dee and upon 20 days north of the Dee only at the discretion of the said lords of exchequer.
[1633/6/34]*[print] [email] [cite] [preceding] [following]
Forasmuch as our sovereign lord, immediately after his happy attaining to the crown of this his ancient and native kingdom, did out of his royal and fatherly care to the public good thereof give forth his royal declaration regarding the reforming of the abuses used in leading of teinds, and for provision and maintenance of kirks and other pious uses out of the said teinds, and also for restoring the crown to the superiorities of whatsoever benefices and temporalities thereof erected in temporal livings and against other prejudices and detriments done to the crown mentioned in the said declaration. And albeit his majesty has been still urging and following the performance of the particulars foresaid these five years bygone or thereabouts by commissions directed by his majesty under his great seal to that effect, wherein there has been good progress made, yet the same could not take a full end without the authority of a parliament; likewise his majesty, out of his earnest and tender affection to the public good of this his native kingdom, and for advancing the said great and glorious works intended by his majesty as said is, has taken the pains to come here in his royal person where his majesty, being present in solemn parliament with his three estates of his said ancient kingdom, have resolved and concluded upon the particular acts and statutes after following tending to the public good, peace, ease and comfort of his said kingdom and subjects thereof, namely: his majesty and estates foresaid have ratified the act of commission of surrenders and teinds of the date at Holyroodhouse, 26 June 1627, whereby it is found fit and expedient that the lowest proportion for maintenance of ministers shall be eight chalders of victual or 800 merks proportionally, except such particular kirks occur wherein there shall be a just, reasonable and expedient cause to go beneath the foresaid quantity, and has referred the consideration of the reasons and causes thereof to the commissioners to be chosen by his majesty, with consent of the estates in manner contained in the said act. Likewise also his majesty and estates, by another act and ordinance, have statute, ordained and declared that each heritor and life-renter of lands respectively shall have the leading and drawing of their own teinds, the same being first truly and lawfully valued and they paying thereof the price after-specified in case they be willing to buy the same, or otherwise for the yearly payment of the rate of teinds after-specified. Likewise his majesty and estates have by the said act found and declared that the true and just rate of teind is and shall be the fifth part of the constant rent which each land pays in stock and teind where the same are valued jointly, and where the teinds are valued apart and separately, that the just rate thereof is and shall be such as the same is already by virtue of the former general commission of surrenders and teinds proved and valued to, or else shall be hereafter valued and proved before the commissioners to be appointed by his majesty with consent of the estates, deducting the fifth part thereof for the ease of the heritors, reserving always liberty to such as shall find themselves severely hurt by the leading of the said valuations to pursue for rectifying of the same before the said commissioners to be appointed by his majesty and estates foresaid. Likewise his majesty and estates have by the said act found and declared that the price of all teinds which may be sold and alienated consisting either in victual, money or other bodies of goods is and shall be ruled and estimated according to nine years' purchase, the prices of victual and other bodies of goods whereof the teinds consist being reduced in money according to the worth and price of victual and goods in each part of the country, to the which the same is and shall be apprised and estimated by the said former commissions of surrenders and teinds, or by the commissioners to be appointed by his majesty with consent of the estates. And also have found and declared that each heritor in the kingdom being willing to buy his own teind from the titulars having power to sell the same shall be obliged to buy the teind of his own lands except so much as shall be locally assigned to the minister serving the cure for his maintenance, and to pay the prices foresaid to the titulars between now and the particular times and diets expressed in the said act. And also have found that the heritors shall be obliged to give to the life-renter of the lands the leading of their own teinds for payment of the rate of teind of the same. And also have found that in all cases where teinds are not cost that the heritors or life-renters of lands who have the leading of their own teinds by themselves, their tenants and others in their names shall be obliged to pay to the titulars of the said teinds the yearly rate thereof according to the order set down and prescribed by the former commissions or to be set down by the commissioners to be appointed by his majesty, with consent of the estates, deducting so much thereof as shall be assigned to the ministers for their maintenance. And because sundry questions may arise regarding the valuations of teinds and prices thereof, and regarding the securities to be made by the titulars to the heritors who buy their teinds, and by the heritors to the titulars of the price to be paid for the same when the teinds are cost, or for payment of the rate of teind where the same is not cost, and regarding the provisions of the kirks with competent maintenance and other particulars mentioned in the said act, therefore his majesty and estates by the said act did refer the determination thereof to the commissioners to be appointed by his majesty and estates, with these declarations always: that his majesty shall have his annuity paid out of the teinds according to the tenor of the said act of annuity, and that the archbishops, bishops, parsons, vicars and other beneficed persons being ministers and their successors should be no further obliged in any of the premises, but according to the provisions and conditions expressed in the submission made by the bishops to his majesty, which is of the date the [...] day of [...] 1628, and registered in the said books of surrenders and teinds upon 13 July 1631; and that the vicarages of each kirk, being a separate benefice and title, should be separately valued to the effect the titulars and ministers serving the cure who have right to the said vicarages should not be frustrated of the true worth of the said vicarages. And also his majesty and estates, by another act, have found and declared that his majesty and his successors have, and shall have, undoubted right to the superiorities of whatsoever erections, feu mails, feu ferms and other casualties thereof, reserving to such lords and titulars of erection who subscribed the general surrender the feu mails and feu ferms of their said superiorities until they receive payment and satisfaction of the sum of 1,000 merks usual money of Scotland for each chalder of feu ferm victual, and for each 100 merks of feu mails, and for each 100 merks of all other constant rent of the said superiorities not consisting in victual or money and not being naked service of vassals, according to the tenor of his majesty's general determination and according to the conditions therein contained, as in the said three acts of this present parliament at more length is expressed. And forasmuch as it is necessary for determination of the particulars foresaid and of all such other points which are fit and expedient for the finishing and full perfection of the said glorious work regarding the teinds, maintenance of ministers and others foresaid that a commission be granted by his majesty, with consent of the estates and by authority of this present parliament, therefore his majesty, with consent of the said estates, has granted and by this commission grants full power and commission to the persons following, namely: nine of the clergy, nine of the nobility, nine of the small barons and nine of the burgesses, together with my lord chancellor and eight officers of state, namely: George [Hay], earl of Kinnoull, chancellor, William [Douglas], earl of Morton, treasurer, John [Spottiswood], archbishop of St Andrews, Thomas [Hamilton], earl of Haddington, lord privy seal, Patrick [Lindsay], archbishop of Glasgow, William [Keith], earl Marischal, George [Seton], earl of Winton, John [Drummond], earl of Perth, John [Lyon], earl of Kinghorn, William [Crichton], earl of Dumfries, William [Alexander], earl of Stirling, secretary, David [Carnegie], earl of Southesk, John [Stewart], earl of Traquair, treasurer depute, John [Wemyss], earl of Wemyss, Archibald [Napier], lord Napier, George [Forrester], lord Corstorphine, Alexander [Lindsay], bishop of Dunkeld, John [Guthrie], bishop of Moray, John [Maxwell], bishop of Ross, Adam [Bellenden], bishop of Dunblane, David [Lindsay], bishop of Brechin, Andrew [Boyd], bishop of Argyll, George [Graham], bishop of Orkney, Sir John Hay [of Bara], clerk register, Sir Thomas Hope [of Craighall], advocate, Sir George Elphinstone [of Blythswood], justice clerk, Sir James Galloway, master of requests, Sir Robert Spottiswood, Sir James Learmonth [of Balcomie], Sir James Lockhart, younger, of Lee, Sir John Charteris [of Amisfield], Sir Robert Grier[son of Lag], John Boyle of Kelburn, Sir William Douglas of Cavers, [Sir Patrick Ogilvie], laird of Inchmartine, [Sir David Crichton], laird of Lugton, John Sinclair [of Stevenson], John MacNaught, Archibald Todd, Edward Edgar, Master Alexander Guthrie, Gabriel Cunningham, Robert Taylor, William Meiklejohn and Master Robert Cunningham (or any fifteen of them, there being three of every estate with three of his majesty's officers of state, of which number of fifteen the lords chancellor, treasurer and privy seal, archbishops of St Andrews or Glasgow, Earl Marischal and Earl Winton, or any of them, shall be one) to meet and convene at Holyroodhouse or Edinburgh at such times and places as they shall think fit, and there to prosecute and follow forth the valuation of whatsoever teinds, parsonage or vicarage, within the kingdom which are as yet unvalued. And also to receive the reports from the sub-commissioners appointed within each presbytery of the valuations of whatsoever teinds led and deduced before them according to the tenor of the sub-commissioners directed to that effect, and to allow or disallow the same, accordingly as the same shall be found agreeable or disagreeable from the tenor of their sub-commissioners. And also with power to rectify whatsoever valuations led or to be led to the severe prejudice of the titulars and to the hurt and detriment of the kirk and prejudice of the ministers' maintenance and provisions, or of his majesty's annuity. And for the better completing and advancing of the said valuations, with power to appoint committees or subcommittees of their own number to receive the reports of the said valuations made or to be made, and to receive, admit and examine witnesses and to take parties' oaths with their depositions where the same is referred to oath, and to give such further power to the said committees or subcommittees of their own number as they shall think fit for the good of the work and speedy finishing of the same. And also with power to them if need be to appoint sub-commissioners not being of their own number within any parish or presbytery of the country for leading and deducing of the said valuations and to receive the reports thereof, allow or disallow of the same and generally with power to them to set down whatsoever other order or course which shall be thought fit and expedient for dispatch of the said valuations, rectifying thereof or final closing of the same. And also with power to the said commissioners (or any fifteen of them as said is, there being three of each estate with any one of the persons of the quorum above-specified) after the closing and allowance of each kirk and parish of the valuation thereof, to appoint, modify and set down a constant and local stipend and maintenance to each minister to be paid out of the teinds of each parish according to the tenor of the acts above-specified, referring, likewise his majesty refers, with consent of the said estates, to the said commissioners the trial of the reasons and causes which may move the said commissioners to go beneath the quantity of eight chalders of victual or of 800 merks of money proportionally in manner contained in the said act. And also with power to the said commissioners to divide ample and spacious parishes where the same shall be found necessary and expedient or to unite diverse kirks in whole or in part to others and to ratify and allow, after trial and consideration, such union or dismembering of parishes as has been formerly made by virtue of the former commissions. And also with power to them to appoint and provide for such other pious uses in each parish as the estate thereof may bear. And also with power to the said commissioners as said is to take order that every heritor and life-renter of lands shall have the leading of their own teinds, parsonages and vicarages thereof, they paying the price contained in the act above-specified in case they be willing to buy the same from the titular having power to sell or otherwise paying the rate of teind expressed in the foresaid act; and to that effect, with power to the said commissioners to set down the prices of sellable teinds according to the worth thereof in each part of the country where the same grow and are bred, and also with power to them to set down such good and ample securities as may stand by law both for the buyers of teinds, to the effect the titulars may be fully deprived in their favour and also for security to the titulars and sellers of the price due to be paid to them for the said teinds; and also to set down the security in favour of the titulars and of the ministers so far as concerns the maintenance assigned to them for good, thankful and timely payment of the rate of teind where the same are not or cannot be sold. And also with power to the said commissioners to discuss and determine all questions which may arise between the titulars and heritors regarding the price of teinds, according to the nature and quality of the rights to be sold, whether the same be heritable or temporal, and to proportionate the price accordingly, and also to divide the price of teinds between heritors and life-renters thereof and between titulars, tacksmen and others who have separate and distinct rights to the said teinds sellable, according to the quality of their rights. And also with power to them to cause the titulars who sell their said teinds to exhibit their rights and titles to the effect that they may be lawfully deprived thereof in favour of the said heritors and life-renters respectively, without prejudice always to his majesty's annuity to be paid out of the said teinds by the said titulars of teinds or heritors or life-renters of lands according to the tenor of the said act of annuity. And generally with power to the said commissioners to decide and determine in all other points which may concern the leading and drawing of teinds, the selling and buying of the same or payment of the rate thereof contained in the acts of parliament above-specified or set down in his majesty's general determination, with this provision and declaration always: that the archbishops, bishops, parsons, vicars and other beneficed persons, being ministers, and their successors shall be no further bound but according to the provisions and conditions expressed in the submission made by the bishops to his majesty, which is of the date the [...] day of [...] 1628, and registered in the books of commission of surrenders and teinds upon 13 July 1631, which provisions and conditions are held as expressed herein. And also with this provision: that the vicarages of each kirk, being a separate benefice and title from the parsonage, shall be separately valued to the effect the titulars or ministers serving the cure who have right to the said vicarages are not frustrated of the true worth of the said vicarages. And also because by the act above-specified made regarding superiorities of erections in favour of his majesty there is special reservation made to such titulars and lords of erection as have subscribed the general surrender of the feu mails, feu ferms and other constant rent of the said superiorities until they be paid of the price thereof contained in his majesty's general determination and according to the provisions specified therein, therefore his majesty and estates give full power to the said commissioners, or any fifteen of them as said is, to call and convene before them the lords of erection and others having right to the said feu mails and feu ferms and other constant rent of the superiorities of kirklands at such particular diets as they shall appoint, and to urge the said lords of erection and others foresaid to give up their rentals of their said feu mails, feu ferms and other constant rent foresaid of their said superiorities, according to his majesty's decreet and determination given out relating thereto and with certification as is therein contained, and to liquidate the other constant rent of the said superiorities not consisting in victual or silver to the effect, after the full trial of the said rental and liquidation thereof, the said lords of erection may receive the price of 1,000 merks for each chalder of feu ferms and for each 100 merks of the other constant rent, being reduced in money in whole or in part proportionally from his majesty's treasurer principal or depute. And in case of the absence and refusal of the said titulars and lords of erection, that the same may be consigned in the hands of the clerk to the said commissioners to remain consigned for their use, after the which consignation it shall be lawful to his majesty's treasurers principal or depute to uplift, receive and intromit with the said feu mails, feu ferms and other constant rent foresaid of all years and terms after the said consignation, according to the tenor of the said general determination. And also with power to the said commissioners as said is to discuss and determine all questions that may arise between the said lords of erection and the heritors of the ground, pensioners, life-renters and others pretending right to the said feu mails and feu ferms, and to divide the price amongst them according to the quality of their rights and all other questions regarding the feu mails, feu ferms and other constant rent foresaid which by his majesty's general determination is referred to the determination of the commissioners to be appointed to that effect. And whereas it may fall out that some of the commissioners now appointed by his majesty and estates may be unable to attend the service through death, sickness or some other notorious and known impediments, therefore his majesty reserves to himself the nomination of such other persons in their places as his majesty shall think fit, whom his majesty by his letters shall recommend to the said commissioners to the intent they may receive and admit them upon the said commission and take their oaths for faithful discharge of the same. And his majesty and estates ordain this present commission to endure to 31 December 1635 and further during his majesty's pleasure and until the same be expressly discharged by his majesty's warrant or letter to that effect. And his majesty, with consent of the estates foresaid, finds, declares and ordains the acts, decreets and ordinances of the commissioners foresaid and of the other persons who shall be surrogate in their places by his majesty in manner foresaid in the whole particulars above-specified and every one of them to have the strength, force and authority of a decreet, sentence and act of parliament, and ordains the lords of session to grant and direct letters of horning, poinding and others thereupon upon a simple charge of 10 days or otherwise as shall be found necessary. Moreover, for clearing of all doubts and difficulties which may arise regarding the rectifying of valuations or other particular heads following, his majesty and estates have declared and declare that where valuations are lawfully led against all parties having interest and allowed by the former commissioners according to the order observed by them, that the same shall not be drawn in question nor rectified upon pretence of severe damage at the instance of the minister not being titular or at the instance of his majesty's advocate for and in respect of his majesty's annuity, except it be proved that collusion was used between the titular and heritor or between the procurator fiscal and the titulars and heritors, which collusion is declared to be where the valuation is led, with diminution of the third of the just rent presently paid, and which diminution shall be proved by the parties' oaths. And also it is declared that the provisions contained in the foresaid submission made by the bishops, whereof mention is made in the foresaid act of tithes and which is repeated in this commission, shall be restricted to that whereof archbishops, bishops, parsons, vicars or other beneficed persons, being ministers, colleges, hospitals and other donations to pious uses, were in actual and real possession the time of the said submission, which shall remain with them in quantity and quality according to the tenor of the said provision; and if any question shall arise between the said archbishops, bishops, parsons, vicars and other beneficed persons foresaid regarding the leading of teinds, that the same shall be referred to his sacred majesty and to his royal pleasure to be signified relating thereto. And also regarding lay patronages pertaining to any of his majesty's subjects before the year of God 1561, his majesty and estates declare that the same falls within the compass of the general submission made to his majesty and his majesty's determination given thereupon, and that only in so far as concerns a competent maintenance to be locally paid out of each kirk to the minister and his successors, and regarding the teinds of other men's lands, and regarding the annuity to be paid to his majesty out of the teinds of the said kirk. And as to the remaining teinds, the same to pertain to lay patrons in price or rate thereof in all cases where the foresaid lay patrons were in possession of the teinds thereof by the space of 7 years within the 15 years immediately preceding the date of the said general submission, with this declaration: that where the titulars or ministers provided to the said lay patronages and kirks thereof were in possession of the benefices foresaid and fruits and rents thereof either by leading of the teinds or by uplifting and intromitting of the whole rents thereof by the space of seven years of 15 years immediately preceding the said submission, in these cases the difference between the said lay patrons and the titulars and ministers shall be referred to his sacred majesty and to his royal declaration to be given relating thereto, and ordains all former commissions regarding the premises to cease in time coming and this only to stand in force in time to come.
[1633/6/35]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that the designation of the particular persons necessary to be engrossed in the two separate commissions granted in this present parliament, the one regarding the teinds and the other regarding the survey of the laws, which by the said estates was referred to his sacred majesty, therefore, the said estates appoint and ordain [Sir John Hay of Bara], clerk of his highness's register, to insert in the said two separate commissions such particular persons' names as his majesty, by his warrant signed with his hand, shall appoint and ordain to be inserted thereinto; for doing whereof, declare this present act to be as sufficient a warrant to the clerk register as if the said commissioners' names had been now presently inserted in the said two separate commissions by his majesty and estates of parliament.
[1633/6/36]*[print] [email] [cite] [preceding] [following]
In the parliament held at Edinburgh upon 28 June 1633, forasmuch as his majesty's lieges and good subjects are heavily oppressed and burdened with exorbitant annualrents and interest taken for the use of money far exceeding the rate and proportion taken in England, France and other neighbouring countries, therefore his majesty, with advice of the estates, statutes and ordains that notwithstanding of any former act of parliament allowing £10 to be taken for each £100 in a year, yet that no person after the date hereof take more than £8 for the use of the £100 in a year and so proportionally in lesser or greater sums under the pains contained in the former acts of parliament made against usurers. And forasmuch as his majesty, out of his gracious goodness, with consent of the estates, has reduced the interest and profit of money from 10 per cent to 8, according to this present act, therefore the estates of parliament presently convened, being aware of the great good ensuing thereby to this whole kingdom in all times to come, make a voluntary and humble offer to his majesty that of the said 10 per cent paid by borrowers for each 100 during the space of three years next ensuing, two per cent shall be paid to his majesty during the said space (in addition to the twenty penny presently paid to his majesty in this present running taxation), and that for the terms of Martinmas [11 November] 1633 and Whitsunday [25 May] 1634, and in addition to the sixteenth penny of the extraordinary taxation now presently granted to his majesty in this parliament to begin at Martinmas 1634. And hereby it is declared that those who formerly borrowed monies for 8 per cent shall be free of payment of the said 2 per cent for such and the same quantities as they have formerly borrowed and are presently due by them for payment of 8 per cent only; and those who formerly borrowed for 9 per cent and are presently owing by them shall be only liable to pay 1 per cent to his majesty of 9 during the said space for such and the same quantity of sums as were formerly borrowed at 9 per cent for the 100. And it is further declared that those who never borrowed monies before the date of this act and shall happen to borrow any sums of money hereafter (they being equally participant of the benefit of the said act and his majesty's gracious favour thereby extended to them with his other subjects) shall be subject in payment of the said proportion of 2 per cent of 10 during the space of three years as said. And ordains the lenders to pay the same yearly and termly during the said space of three years together and in one sum, with the twenty penny of this present running extraordinary taxation for the said term of Martinmas 1633 and Whitsunday 1634, and together and in one sum with the sixteenth penny granted in this present parliament for the terms of Martinmas 1634, Whitsunday [17 May] and Martinmas 1635 and Whitsunday [5 June] 1636, beginning the first term's payment of the said 2 per cent of 10 at Martinmas 1633 and so termly thereafter during the said space of three years and six terms. And the said estates have agreed all in one voice to suspend, likewise by this act they suspend the execution of the said act for the space of three years after the date hereof, and by this act declare that it shall be lawful (notwithstanding of the said act) to all subjects within this realm to take 10 merks for each 100 merks of their lent monies put out or to be put out upon annualrent, according to the preceding acts of parliament, during the said space of three years next after the date hereof. And for collection of the said taxation of 2 merks of 10, ordains letters to be directed in the same form and manner as are directed for collecting the foresaid extraordinary taxations of the twenty and sixteenth penny, and the same to be paid together and in one sum to his majesty's collector general to be appointed or to his deputes in his name having his power to receive the same.
[1633/6/37]*[print] [email] [cite] [preceding] [following]
In the parliament held at Edinburgh upon 28 June 1633, our sovereign lord, the king's sacred majesty, and estates of parliament presently convened, remembering that at the first institution of the college of justice and diverse times thereafter in the parliaments ratifying the same, his majesty's royal predecessors and estates of the realm then assembled found the erection of that honourable consistory (which is an abiding monument of the glory of their reigns) not only to be most useful for royal service, but also necessary and profitable for the peace of the kingdom and to the obvious good and comfort of all the subjects. And considering that the provision allowed of before to the lords of session was in no way sufficient for defraying of their charges and that through their continual attendance their private affairs are neglected and great losses thereby sustained by them, therefore, and to the effect the said senators and lords of session present and to come may be more encouraged to go on and to persist as they do in their zeal and affections to his majesty's service and in faithful administration of justice to the general well of the realm and all the lieges, the said estates, with the special approbation and gracious good liking of the king's sacred majesty, have most freely agreed, statute and enacted that a taxation be presently imposed upon their lands and means which with his majesty's consent foresaid they ordain to be collected and paid to the effect in manner and at the terms following, that is to say: the dukes, marquises, earls, viscounts, lords and commissioners of shires for the temporal estate have granted that there shall be uplifted off every pound land of old extent within this kingdom pertaining to dukes, marquises, viscounts, lords, barons and freeholders and feuars of his majesty's proper lands the sum of 10s money at every one of the four terms following, namely: the sum of 10s money at the feast and term of Martinmas [11 November] 1633; the sum of another 10s money at the feast and term of Martinmas 1634; the sum of another 10s money at the feast and term of Martinmas 1635; and the some of another 10s money at the feast and term of Martinmas 1636. And the archbishops and bishops for the spiritual estate have granted that there shall be uplifted off all archbishoprics, bishoprics, abbacies, priories and other inferior benefices within this kingdom at every one of the four terms above-specified the just taxation thereof as they have been accustomed to be taxed in all time bygone whensoever the temporal lands of this kingdom were stented to 10s the pound land of old extent, and the same taxation to be paid at every one of the four terms above-specified. And the commissioners of burghs for their estate have granted that there shall be uplifted off all the burghs within this kingdom at every one of the four terms above-written the just taxation thereof as they have been accustomed to be taxed to in all time bygone whensoever the temporal lands of this kingdom were stented to 10s the pound land of old extent, and the said taxation to be paid at every one of the said four terms above-written. And in regard that his majesty has erected sundry prelacies in temporal lordships whereby the owners thereof may claim to be taxed with the barons of the temporal estate, whereby the said lords of the session would be defrauded of a great part of the said taxation destined and appointed as said is, therefore the said estates ordain that all erections of prelacies and other small benefices in whole or in part in temporal lordships shall in payment of the said taxation pay to the collectors thereof so much of the said taxation proportionally as if they were in no way erected, and as they were subject to do before the erection of the same. And also it is statute and ordained that all dissolved benefices within this kingdom in whole or in part shall be subject in payment of so much of the same taxation proportionally as they would have been subject to pay though the same had not been dissolved, and that the parties who have got any part or portion of any prelacies or other inferior benefices dissolved and new securities made to them by his majesty of that part and portion thereof so dissolved shall be subject in payment of the taxation thereof to the prelate or other beneficed person for his relief of the same taxation as they would have been if the same had not been dissolved, notwithstanding of any condition contained in the infeftments and securities made by his majesty to them in the contrary thereof. And further, the said estates annul and discharge all privileges and immunities whatsoever whereby any persons may think themselves free of payment of this present taxation, the privileges granted to the ordinary lords and senators of the college of justice and the taxation of the benefices given, conveyed and mortified for maintenance of the universities, colleges and hospitals within this kingdom only excepted. Moreover, our said sovereign lord and estates foresaid have given and granted, and by this act give and grant, full power and authority to the said lords of session to nominate, appoint and elect their own collectors, one or more, as they shall think most expedient for uplifting of the foresaid taxation to the effect foresaid, which sums of money after they shall be collected as is before appointed our sovereign lord and the estates foresaid destine and ordain to be mortified by employment upon land heritably or for annualrent or other sufficient security as may conveniently be found for the use and benefit of the said ordinary lords of session present and to come, to the effect that the yearly profit and annualrent of the said lands or monies (as the same shall happen to be employed) may be received by them and their successors in their said offices, yearly and termly, after the terms of payment of the same and applied to their use in manner and conforming to the custom of the division of the yearly duty presently allowed and received by them, and that in addition to the present provision and rents allotted to them by parliaments heretofore. And to that effect the said ordinary lords of session shall, with all convenient diligence, make, subscribe and deliver to [William Douglas, earl of Morton], his majesty's treasurer principal, and [John Stewart, earl of Traquair, treasurer] depute, a sufficient and valid security by bond or contract made by the sight and advice of [Sir Thomas Hope of Craighall], his majesty's advocate, for employing of the said taxation and whole benefit thereof, in whole or in part, as the same shall be uplifted to the use and effect above-specified, and ordain the particular form and manner of uplifting and collecting of the said taxation and relief of the prelates, lords of erections and other beneficed persons to be according to his majesty's own taxation granted in this present parliament in all points, except in so far as concerned the particular day to be appointed to the vassals for convening with the prelates, lords of erections and other beneficed persons for appointing and setting down of their due and right proportions of the said taxations, which they ordain to be upon 17 September 1633, which is declared to be the precise day of meeting to the effect foresaid, and that no further citation nor summoning shall be requisite to that effect than the publication and proclamation of this present act at the market crosses of the head burghs of this realm; and hold the whole remaining clauses and provisions of the act of relief of his majesty's taxations as here repeated and ordain letters to be direct hereupon.
[1633/6/38]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, ratifies, approves and confirms all acts of parliament, gifts, grants and donations whatsoever of all privileges, freedoms and immunities made, given, granted or conceived in favour of the senators of the college of justice by any of his majesty's royal predecessors, or in any parliament held by them, dispensing always with the generality hereof and holding this general ratification as sufficient as if the whole privileges, liberties and immunities, acts and grants thereof were specially and at length inserted herein.
[1633/6/39]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament have ratified and approved and, by the tenor hereof, ratify and approve of new all acts and constitutions of parliament made by his majesty's predecessors in favour of the free burghs of this realm and burgesses and inhabitants within the same, with all privileges, freedoms, liberties and immunities granted and given to the whole burghs in general in any time past, by any of our sovereign lord's majesty's noble progenitors, with all that has followed or may follow thereupon, and decree and declare the same to have full strength, force and effect in all times hereafter, so that the same may be put to full and due execution in all points. And specially, without prejudice to the generality above-written, his majesty and estates ratify the act of parliament made by his highness's grandfather, the late King James III, in 1466 during his second parliament, chapter 2, ordaining that none sell nor pass merchandise out of the realm but freemen burgesses dwelling within burghs, or their familiar factors or servants being with them in household at meat and drink (excepting and reserving to the prelates, lords, barons and clerks as in the said act is contained, and all other exceptions contained in any act of parliament in force preceding the day and date hereof). And also the act of parliament made by King James IV of worthy memory, in the parliament held at Edinburgh, 11 March 1503, chapter 84, ordaining that no person dwelling out of burghs use any merchandise nor yet tap nor sell wine, wax, silks, spicery, dyestuff nor also stuff nor yet staple goods, and that none pack nor peel in Leith nor other places without the king's burghs under the pain of escheat of the goods that be tapped, sold, packed or peeled contrary to that statute. And also the 152nd act of the late King James VI, his 12th parliament, ordaining that no person exercise the traffick of merchandise but burgesses of free burghs under pain of escheat of their whole goods and gear, the one half to his majesty and the other half to the burgh apprehender, and giving power to every burgh by themselves or a collector or commissioner depute by them to search the said unfreemen's goods, intromit therewith as escheat, either within the country or any other part to arrest, call, follow and pursue before unsuspect bailies to be created by them. And also the sixth act of King James VI, his ninth parliament, ordaining letters of horning to be directed against unfreemen not being burgesses of the free royal burghs to find caution for desisting from usurping of their liberties in all the heads, clauses, articles and circumstances thereof. Likewise his majesty and estates declare that the said liberties and privileges mentioned in the said acts are only proper and competent to the free burghs royal that have vote in parliament and bear burden with the rest of the burghs and to no others, prohibiting and discharging all persons who are not burgesses of the said free royal burghs and bear not burden with the rest of all using and exercising of the liberties and privileges foresaid in all time coming; and ordain that letters of horning may be directed by the lords of council at the instance of all burghs upon the foresaid privileges and former acts of parliament made thereupon and this present act in all times to come, for putting of the same to due execution with all rigour against them that do or come in the contrary of the acts and privileges foresaid without calling of any party.
[1633/6/40]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify, approve and confirm the eighth act of the 22nd parliament held by King James VI of eternal memory entitled, 'Regarding the justices for keeping of the king's peace and their constables', in the whole heads, articles and clauses therein contained, admitting the generality hereof to be as valid and sufficient as if the same were all herein expressly engrossed. Moreover, his majesty and estates foresaid give full power, authority and commission to the lords of his majesty's privy council to set down and impose penalties upon such of the justices of peace as shall not keep and observe the diets prefixed for their several and particular meetings, and with power likewise to the said lords of privy council to enlarge and amplify the power and authority of the said justices of peace if they shall find it necessary and expedient; and what they shall decree and determine relating thereto, find and declare that the same shall have the force, strength and power of an act of parliament.
[1633/6/41]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, for explanation of the former acts of parliament made in favour of the lords of session regarding 12 pennies of the pound, statute and ordain that whensoever the said lords shall decree and ordain 12 pennies of the pound to be paid in any decreet or sentence to be given or pronounced by them at any time hereafter, the same shall in no way be paid by the purchasers and obtainers of the said decreets and sentences, but by those parties only against whom the said decreets and sentences shall happen to be obtained and purchased; and the booking and extracting of the sentences shall not be stayed for the non-payment of the 12 pennies of the pound by the purchasers and obtainers of the said decreets.
[1633/6/42]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, considering that the precise and rigorous exaction of the pains arbitrary and pecuniary annexed to penal statutes heretofore made would prove a burden to his majesty's lieges and heavy and insupportable if by his majesty's grace and favour they should not be eased and liberated of the same, in consideration whereof, his majesty, in this his first parliament held in this his ancient and native kingdom, being willing to give ease and relief to his subjects of the foresaid burden, has therefore been graciously pleased, with consent of the estates of parliament, to discharge, freely pardon and remit, and by this act discharges, freely pardons and remits all contraveners of any of the said penal statutes for all deeds done by them contrary to the tenor of the same statutes in time bygone, except only the statutes concerning wearing and bearing of hackbuts and pistols, taking of unlawful usury, transporting of money and gold and slaying of red and black fish, with the penalties incurred by the concealers of annualrents and wrongful suppliers of the inventories of their monies, which are in no way discharged by this present act nor comprehended under the same.
[1633/6/43]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve all letters, patents and infeftments granted by King James VI of blessed memory, or by our said sovereign lord, to William [Alexander], viscount of Stirling, and to his heirs and assignees, of the territories and dominions of New Scotland and Canada in America, and especially the patent, charter and infeftment granted by his majesty's late dearest father of worthy memory of New Scotland, of the date 10 September 1621. Item, another charter of the same granted by his majesty under the great seal, of the date 12 July 1625. Item, another charter and infeftment granted by his majesty of the country and dominion of New Scotland under the great seal, of the date 3 May 1627. Item, another charter and infeftment granted by his majesty under the great seal of the river and gulf of Canada, bounds and privileges thereof mentioned in the said patent, of the date 2 February 1628. Item, a signature passed under his majesty's hand of the said country and dominion, which is to be with all diligence completed and issued through the seals, of the date at Whitehall, 24 April 1633, with all liberties, privileges, honours, jurisdictions and dignities respectively therein mentioned, together also with all execution, precepts, instruments of sasine and sasines following or that shall happen to follow thereupon. And also ratify and approve the act of general convention of estates at Holyroodhouse, 6 July 1630, whereby the said estates have ratified and approved the dignities and order of knight baronet, with all the acts of secret council and proclamations following thereupon made for maintaining of the said dignity, place and precedency thereof. And his majesty and estates foresaid will, statute and ordain that the said letters, patents, charters and infeftments, and the said dignity, title and order of baronets and all letters patents and infeftments of lands and dignities granted therewith to any person whatsoever shall stand and continue in full force with all liberties, whole privileges and precedencies thereof, according to the tenor of the same, and in as ample manner as if the bodies of the said letters patent, infeftments and signature above-mentioned were herein particularly engrossed and expressed. And ordain intimation to be made hereof by open proclamation to all his majesty's lieges at the market cross of Edinburgh and other places needful that none pretend ignorance hereof.
[1633/6/44]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that Loch Leven pertains heritably in property to his majesty's right trusty cousin and councillor William, earl of Morton, lord great treasurer of this realm, and Robert, lord Dalkeith, his son, and that the said loch is well plenished and furnished with pikes, perches and trouts of diverse kinds, and that when the fish ascend out of the said loch to the waters, burns and streams that fall in the same to spawn therein, there is great slaughter and destruction of them committed by the country people about, whereby the said loch and fishing thereof is not of such worth to the heritors of the said loch nor to the country about as it would be if the said fishes were not slain in the said waters, burns and streams. For remedy whereof, his majesty, with advice and consent of the estates of this present parliament, statutes and ordains that none of his majesty's lieges slay any pikes, perches, trouts or any other fishes in the waters, streams or burns that fall in the said loch or run out thereof within the space of five miles to the said loch under the pain of £20 usual money of this realm, to be paid by each contravener on every occasion for each contravention, and ordains the said whole pains and financial penalties of contravention to appertain to the said Earl of Morton and his said son, their heirs and successors. And by this act gives and grants power and commission to them and their bailies and deputes to call before them within the town of Kinross all persons suspected of slaying of the said fish within the said burns, waters, loch or streams within the said space of five miles to the said loch, and as they shall be found guilty or innocent of slaying thereof, to absolve them or fine them in the penalties foresaid, and to decree and ordain the persons convicted to pay the same financial penalties to the procurator fiscal to be appointed for that effect by the said Earl of Morton, his said son or their foresaids. And ordains letters of horning upon a simple charge of six days, poinding and other letters and executorials requisite to be directed for payment to the said procurator fiscal of the said fines, and ordains publication to be made hereof in the appropriate form.
[1633/6/45]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of this present parliament, understanding that albeit by the great care of his highness's late dearest father of eternal memory the Clangregor was suppressed and reduced to quietness, yet of late they are broken out again to the heavy oppression of many of his majesty's good subjects who dwell near to the part where they resort, and especially in the sheriffdoms of Perth, Stirling, Clackmannan, Menteith, Lennox, Angus and Kincardine; therefore, for the timely preventing of the disorder and oppression that may fall out by the said name and clan of MacGregor and their followers, and for further suppressing of them, ratifies and approves all acts of council and acts of parliament made and granted heretofore against the said wicked and rebellious clan of MacGregor. And farther, his majesty and estates of parliament statute and ordain that the said name of Clangregor and every one of them as they come to the age of 16 years shall thereafter yearly give their compearance before the lords of privy council upon 24 July, if it be a lawful council day, and failing thereof the next council day thereafter, and there find caution for their good behaviour and obedience in all time coming, and take to them some other surname, according to the acts of council already made relating thereto; and if they fail in non-compearance as said is and go to the horn, that then it shall be lawful to any of his majesty's lieges to take and apprehend them and present them to the sheriff of the shire or his deputes or to the stewarts of the stewartry or their deputes, to the effect they may be presented before the lords of privy council, there to be taken order with as appropriate. And if it shall happen any of his highness's good subjects in taking any of the said Clangregor being put to the horn as said is, to hurt, mutilate or slay any of them, the party who shall happen so to do and their accomplices shall in no way be subject nor liable to law thereof nor incur any pain or harm in body or goods, and shall be free of all pursuit criminal or civil to be intended against them at the instance of his highness's advocate or any other party, but the same shall be held and reputed as good service done to his majesty. And further, our said sovereign lord and estates foresaid, for the better extinguishing and extirpating of the said wicked and lawless limmers†, statute and ordain that no minister or preacher within the bounds of the highlands or neighbouring countries thereto, Banff, Inverness, regality of Spynie, Elgin or Forres, shall, at any time hereafter, baptise and christen any male child with the name of Gregor under the pain of deprivation, and that no clerk or notary in any time coming shall make or subscribe any bond or other security under the name of Gregor or MacGregor under the pain of deprivation. And also statute and ordain that all and whatsoever of the said Clangregor that shall happen to be within the said kingdom upon 15 March 1634 shall give their compearance before the lords of privy council at Edinburgh or where it shall happen them to be for the time, or the next council day thereafter, to the effect that such of them as have already found caution and whose cautioners are dead may find new caution for their good behaviour in time coming, and such of them who have never found caution may find caution and surety for their obedience in time coming; with certification to them if they do not compear and that the lords of privy council for their disobedience shall direct letters of horning against them or any of them and that they therefore be put to the horn, that then it shall be lawful to any of his majesty's good subjects to take and apprehend them wherever they may be had and put them to the next sheriff, stewart, bailie of regality or their deputes, to any of the justices of peace or to the provost and bailies of burghs to the effect they may present them before the lords of his majesty's privy council that such order may be taken with the said rebels as the said lords shall think expedient. And further, our said sovereign lord declares that if any of his highness's good subjects shall happen in taking of the said rebels to hurt, mutilate or slay any of them, the party who shall happen so to do and their accomplices shall in no way be subject nor liable to law thereof nor incur any pain or harm in their body or goods, and shall be free of all pursuit, criminal or civil, to be intended against them at the instance of his highness's advocate or any other party; but the same shall be held as good service done to his majesty. And likewise his majesty and estates foresaid statute and ordain that if any of the said Clangregor who shall happen to have compeared and found caution in manner above-specified be found masterless in time coming, having neither possessions nor callings whereupon to live nor will not take them to service, that it shall be lawful to any of his highness's good subjects to take and apprehend them and present them to the next sheriff, stewart, bailie of regality and their deputes or to the provost and bailies of burghs, and that they may present them to the lords and others of his highness's council there to be taken order with as they think fit. And also, his majesty and estates of parliament statute and ordain that if any of the said Clangregor shall happen to be put to the horn by letters of horning directed against them by the lords of council for the cause above-written, and that publication be made thereof by the said lords to all his majesty's lieges and at all places needful, that then whatsoever person or persons shall receipt, supply or intercommune with the said rebels, or any of them, or supply them with meat, drink, lodging or weapons, directly or indirectly, or any other necessaries, shall be punished in their bodies, goods and gear as intercommuners with rebels and scroungers according to the laws of this kingdom against intercommuners and scroungers. And also his majesty, with consent of the estates foresaid, statutes, ordains and commands all sheriffs, stewarts, provosts, bailies of burghs and regalities and all and sundry of his majesty's good subjects to assist and concur with any of his highness's good subjects who shall happen to be in pursuit of the said rebels, and also statutes and ordains the said provosts and bailies of burghs and bailies of regalities to receive from the hands of his highness's good subjects the said rebels who shall happen to be apprehended by them in manner foresaid, put, keep and detain them in sure ward and custody until they be presented before his majesty's council or justice. And lastly his majesty and estates foresaid, for suppressing of the said lawless limmers and clan of MacGregor, nominate and appoint the sheriffs of the sheriffdoms of Perth, Dunbarton, Angus, Kincardine, Stirling and stewarts of the stewartries of Strathearn, Menteith, Banff, Inverness, Elgin and Forres and their deputes, and the sheriff of Cromarty and his deputes, and the provosts and bailies of the burghs there, [William Hay], earl of Erroll, [James Graham, earl of] Montrose, [John Murray, earl of] Atholl, [John Drummond, earl of] Perth, [Patrick Murray, earl of] Tullibardine, [George MacKenzie, earl of] Seaforth, [Mungo Murray], viscount of Stormont, [James Ogilvie], lord Ogilvie, the lairds [Sir Colin Campbell of] Glenorchy, [Sir Mungo Campbell of] Lawers, [Sir William Stewart of] Grandtully, Wemyss, [Duncan Campbell of] Glenlyon, [Sir Robert Campbell of] Glenfalloch, [Patrick Campbell of] Edinample and [Sir John] Grant, or any of them, his majesty's justices in that part, for setting, trying and doing justice upon the said rebels of Clangregor, or any of them and their accomplices, who shall be apprehended by any of his highness's good subjects for theft, scrounging or slaughter, with power to them to hold courts, proceed and administer justice upon the said rebels apprehended as said is as appropriate. And wherever his majesty's good subjects all happen to apprehend any of the said rebels scrounging, committing theft or slaughter, and shall present them to the said lords of council or justice or justice general or commissioners above-specified, or either of them, the doer of that service shall have for his reward the moveable goods and gear of the offender taken and presented by him in manner foresaid.
[1633/6/46]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament declare that no particular acts made in favour of any of his majesty's subjects at this present parliament, nor any acts of ratification made in their favour, shall prejudice his majesty or his successors of the acts and statutes underwritten made in favour of his majesty in this same parliament, namely: the act of his majesty's revocation, the act regarding the superiorities of erections, the act regarding regalities of erections and the acts made or ratified regarding his majesty's annexed properties. And his majesty and estates find and declare the said particular acts and acts of ratification made in favour of any of his majesty's subjects in so far as the same or any of them may prejudice his majesty or his successors of the said acts and statutes made in his majesty's favour or of the benefit thereof, in whole or in part, to be null and of no value, force nor effect by way of exception or reply. And also statute and ordain that the said particular acts and acts of ratification shall not prejudice any third party of their lawful rights, nor of their actions and defences competent thereupon before the making of the said particular acts and acts of ratification, but that the lords of session and all other judges shall be obliged to judge between the parties according to their rights standing in their person before the making of the said particular acts, and that in respect the said particular acts and acts of ratification are made without hearing of parties having interest and, therefore, are made saving the right of anyone. Likewise his majesty and estates declare that this is and was the true meaning of all the acts made in the preceding parliaments entitled, 'Acts salvo jure cujuslibet', excepting always out of this present act a ratification of the mortification of the abbacy of Dundrennan to the chapel royal in favour of [Adam Bellenden], bishop of Dunblane, the act of ratification of the benefice of Failford with the pertinents granted to Master Walter Whitford, with the act of dissolution of the abbacies of Holyroodhouse and New Abbey†, all passed in this present parliament. Excepting also out of this present act the act of ratification and dissolution made in favour of [James Hamilton], marquis of Hamilton regarding his right to the impost of the wines new and old gifted by his majesty to him for the space of 16 years specified in his gifts and grants made to him thereupon. And also excepting out hereof the ratification of the contract passed between his majesty and [Archibald Campbell], lord Lorne regarding the heritable office of justiciary within the bounds therein mentioned, dated 3 and 23 April 1628, and of the charter under the great seal, precept and instrument of sasine following thereupon, together with liberty of creation of clerks and members of court, directing of precepts and letters of horning and power to denounce and with all other privileges therein contained; and also of the three separate acts of council and an act of exchequer all relative to his rights of the said office of justiciary and in favour of the said Lord Lorne.
[1633/6/47]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, considering that his majesty, out of his zeal and care to establish a certain and constant course in all the supreme courts and justice seats, as well civil as criminal, within his ancient kingdom of Scotland, did, by his majesty's letters patents under the great seal of the date at Whitehall, 2 July 1628, give and grant an ample commission to certain of his majesty's council and others most expert in the laws of the said kingdom for surveying, re-examining and considering of the laws, statutes and acts of parliament of the said kingdom, as well printed as not printed, with the customs and practices of the same, which are, and have been, observed as laws within the said kingdom, and to report their advice and opinion relating thereto to his majesty to the effect his majesty may thereafter, with consent of his three estates in parliament, establish and enact the same in form of laws. And albeit the said commission was accepted with all humility by the commissioners therein contained, yet in respect of sundry intervening impediments, the same has not taken the effect which his majesty wished. And therefore, his majesty in the late convention of estates held and begun upon 28 July 1630 caused the said commission, with the utility and necessity thereof, to be proposed to the said three estates, who after due consideration thereof, with uniform consent, in all humility acknowledged his majesty's fatherly care and affection to the well of the kingdom in granting of the said commission and humbly desired some more persons out of each estate to be added to the former commissioners, according to the which a new commission was issued under the great seal of the date 13 October 1630, which was thereafter renewed by a new commission passed under the great seal upon 18 January 1631, since the which time there have been diverse meetings of the said commissioners and sundry points and articles treated and communed for advancing of the same. And his majesty, considering that this work being so good and necessary for the public well of this his ancient kingdom, cannot take the full perfection without the authority of a parliament and that the doing and performing thereof will require a longer time than this present parliament can sit and attend upon, therefore his majesty, tendering the public good of this his majesty's ancient kingdom has, with consent of the estates, resolved to grant a commission of that power and authority which may both treat regarding the surveying of the laws and general customs of the kingdom and also may conclude and determine thereupon. And therefore, our said sovereign lord and estates of parliament have granted and by this commission grant full power, commission and authority to the persons underwritten, namely: [George Hay, earl of Kinnoull], chancellor, [William Douglas, earl of Morton], treasurer, [Patrick Lindsay], archbishop of Glasgow, [Thomas Hamilton], earl of Haddington, [John Maitland, earl of] Lauderdale, [David Carnegie, earl of] Southesk and [John Stewart, earl of] Traquair, [Adam Bellenden], bishop of Dunblane and [John Maxwell, bishop of] Ross, Sir James Skene [of Curriehill], Sir John Hay [of Bara], clerk register, [Sir Thomas Hope of Craighall], advocate, Sir Alexander Gibson of Durie, Sir Thomas Henderson, Sir Robert Spottiswood, Sir Andrew Fletcher [of Innerpeffer], Sir James Learmonth [of Balcomie], Sir George Haliburton, Sir [John] Leslie of Newton, John Boyle of Kelburn, Thomas Crombie of Kemnay, Master Alexander Guthrie, Master James Cockburn, John Mackieson, Sir Lewis Stewart, Master Andrew Aytoun [of Logie] and Master Thomas Nicolson [of Cockburnspath], elder, advocates, (or to any seven of them, the said chancellor, treasurer principal, depute treasurer and president of the session for the time, or any one of them, being one of the said number of seven); and with power to the said commissioners in case of the decease of any of their number to acquaint his majesty therewith, and of the person's name whom they think most fit to supply the place and room of the person deceased as often as the same shall fall forth, to the effect his majesty may give warrant for adjoining of him to their number; to the which commissioners so nominated as said is our sovereign lord and estates of parliament, by the tenor hereof, give, grant and commit full power and authority to meet and convene at whatsoever times and places convenient, and to read, re-examine and consider the whole laws, statutes and acts of parliament of the said kingdom, as well printed as unprinted, together with the customs and practices of the said kingdom which are and have been observed as laws within the same either in the civil or criminal judicatories and which have been received in practice by the decreets of the lords of session or justice general, and to that effect to cause be exhibited before them by the clerk register and justice clerk and their deputes the whole registers and rolls containing the laws and acts of parliament of the said kingdom, as well unprinted as printed, with the registers of decreets and interlocutors of the lords of session and justice general, together with the books entitled, Regiam Majestatem, which contains a record of the ancient laws and customs observed within the said kingdom; and after due consideration thereof, to conclude and determine regarding the true sense, meaning and interpretation of all such laws and acts of parliament which are unclear and doubtful in the self and may receive diverse interpretations, and which have been drawn in question before the lords of session in respect of the doubtfulness and unclearness thereof, and regarding the printing of such laws and statutes as are not yet printed, and regarding the omission of such acts and statutes as are abrogated or become in desuetude and out of use; and also to collect and set down the whole customs and general practices inviolably observed in the said kingdom, as well in the civil as criminal judicatories, to the effect the same may by their allowance, ratification and approbation be registered in the books of parliament and be made notorious and known to the whole lieges. Likewise his majesty, with consent of the estates presently convened, finds and declares that the acts and ordinances to be agreed, resolved and concluded upon in the premises and every one of them, together with the general customs and practices which by the command and authority of the said commissioners shall be ordained to be registered in the books of parliament, to have the force and authority of a public law to the second or third session of the next ensuing parliament which shall be held in this kingdom; at the which time the whole proceedings, conclusions and determinations done, acted and concluded by virtue of this present commission, together with the said general customs and practices which shall happen to be allowed and approved by them as said is, shall be exhibited to the said estates of parliament to be advised and considered by them, and shall take such final determination as the said estates shall then conclude and determine thereupon. And his majesty and estates declare this present commission to endure to the feast of Whitsunday [17 May] 1635, with power to our sovereign lord the king's majesty to prorogate the time of the said commission, with advice and consent of his majesty's council, to a longer time and space as his majesty pleases, providing the same exceed not the space of [...] years; and also with power to his majesty to add and adjoin such other persons as commissioners as his majesty shall think fit and expedient for advancing of the work of the said commission.
[1633/6/48]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering and acknowledging that the undoubted heritable right of the offices of admiralty and chamberlainship of the whole kingdom of Scotland does properly appertain and belong to his highness's dearest cousin James [Stewart], duke of Lennox, and that for the advancement and furtherance of his majesty's service by his officer's possessing and enjoying of the said offices, and for the honour, well and commodity of the said Duke of Lennox, his heirs and successors, regarding the possessing and enjoying of the said offices and exercising of the liberties and privileges pertaining thereto, and also in respect that sundry communities and other particular persons and judicatories have encroached upon the said offices of admiralty and chamberlainship, or one or other of them either generally or within some particular bounds, it is requisite and expedient that cognition and trial be taken of the ancient honours, dignities, pre-eminences, privileges, liberties, immunities, fees, casualties, profits and duties pertaining and belonging to the said offices or either of them in manner and to the effect underwritten. Therefore, his majesty, with advice and consent of the estates of this present parliament, by the tenor hereof, gives, grants and commits to George [Hay], earl of Kinnoull, chancellor, John [Erskine], earl of Mar, Alexander [Livingstone], earl of Linlithgow, John [Fleming], earl of Wigtown, [David Carnegie], earl of Southesk, John [Stewart], earl of Traquair, Sir Archibald Acheson [of Glencairnie], secretary, Sir John Hay [of Bara], clerk register, Sir Thomas Hope [of Craighall], knight baronet, advocate to his majesty, Sir George Elphinstone [of Blythswood], justice clerk, Sir Walter Stewart of Minto, Sir Andrew Fletcher of Innerpeffer, Sir James Learmonth of Balcomie, Sir George Auchinleck of Balmanno and Sir James MacGill of Cranstoun-Riddel, senators of the college of justice, (or to any six or more of them, of the which number there shall always be present the said lord chancellor, the earls of Linlithgow, Southesk and Traquair, at the least two of them) to examine, set down and determine the ancient honours, dignities, privileges, prerogatives, pre-eminences, immunities, jurisdictions, fees, casualties, profits and duties pertaining and belonging to the said offices or any of them, and how far and in what places the same offices and jurisdictions thereof and others foresaid shall be extended and observed in all time coming, and by what order and manner the said offices, with the ancient honours, dignities, privileges, pre-eminences, immunities, jurisdictions, fees, casualties, profits and duties pertaining and belonging thereto may best be possessed and enjoyed by the said Duke of Lennox, his heirs and successors, and how all communities and other private persons and all other judicatories may best be hindered and impeded in encroaching thereupon, and to rectify and suppress all abuses that have encroached or crept in or that may encroach or creep in upon the said offices or either of them or judicatories pertaining thereto. With power also to the said James, duke of Lennox, heritable great admiral and chamberlain foresaid, and his heirs and successors and such persons as shall please him or them to appoint for that effect, with advice and concourse of the said commissioners, or any six of them, to revise and peruse the whole admiral and chamberlain laws, statutes and practices thereto belonging within this kingdom, and to rectify, correct and allow the same, and to set down new laws, statutes and forms pertaining to and concerning or which may pertain and concern the said offices, honours, dignities, privileges and others above-written thereto belonging or any part thereof whatsoever in any manner of way; with power to the said commissioners to convene at such times and places as they shall think expedient, and to convene before them all parties in general or particular having interest in the said matter if they shall think expedient, and generally to do all other things regarding the premises that to the office of commissioners in such cases of the law are known to appertain, promising to confirm etc. Likewise his majesty, with consent foresaid, by this commission, statutes and ordains that all things to be done by the said commissioners regarding the premises shall have the full strength, force and effect of an act and statute of this present parliament. And to the effect the same may be the better notified to his majesty's lieges and others having interest, ordains the same whole determinations and declarators to be reported to the clerk register and his deputes to be enrolled in the books of this present parliament, at the least to be reported to the lords of secret council and enrolled and marked in their books; and that with all convenient diligence thereafter publication be made thereof to all his highness's lieges and others having interest in the appropriate form, ordaining this commission to be a sufficient warrant to the clerk register and his deputes for extending of an act of parliament hereupon in the appropriate form.
[1633/6/49]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, having considered the particular articles and petitions underwritten, produced and given in parliament, namely: a petition given in by the commissioners of the sheriffdoms of Perth, Angus and Fife against the burgh of Dundee and magistrates thereof, for the great extortion used by them in exacting a ladleful of all kind of victual, ground and unground, presented to the market of Dundee, having no definite measure nor quantity which is a heavy oppression; and therefore desiring our sovereign lord and estates to have respect thereto and to take such good order relating thereto as shall be thought expedient for the said supplicants their liberation in time coming. Item, a petition given in by the tanners and barkers within the kingdom of Scotland desiring that they may be free and relieved of the burden and imposition imposed upon them for tanning and barking of hides, and that the same impost may be discharged in respect of the great damage sustained by the whole country thereby. Item, a petition given in by Master David Wedderburn, master of the grammar school of Aberdeen, desiring that the short and facile grammar drawn up by him and his pains may be allowed and ordained to be taught universally through all the schools of the kingdom of Scotland and all other grammars discharged to be taught within the same. Item, an article in favour of ministers for freedom of winter grazing, pasturage, fuel, fail and divot, and for declaring that the same shall be such freedom as the minister has been in possession of these ten years bygone; and that this said pasturage shall contain six sums grass at least out of the kirk lands of the parish nearest and closest at hand where they serve, wherever the same may be had, unless they have prejudiced themselves by posterior transaction, agreement or condition; and that those who have done so, their freedom to be such as the transaction bears; and for declaring that whatever kirk rent, kirkland, pasturage, fuel, fail, divot, loning†, free access and entry or other privilege has been possessed by the kirk and ministers serving the cure for their maintenance out of kirklands, kirk rents or teinds by the space of 10 years bygone shall stand as a good right for enjoying thereof in time coming. Item, an article craving that the act regarding the prices to be taken by the maltmen be reformed. Item, an article desiring some course to be taken for establishing of correction houses within several parts of this kingdom. Item, an article bearing that since forbidden goods are uncontrollably transported out of Scotland into England for the benefit of that kingdom, that the like course be also taken that these things forbidden in England may in like manner be transported into Scotland without control. Item, an article desiring that some course be taken for bringing in of manufactories and encouraging of such as shall enterprise the same. Item, an article craving that it may be enacted that all plaiding be presented to markets hereafter in folds, and that the rolling thereof be discharged in respect of the fraud concealed by the rolling of the same. Item, an article craving that [Robert] Buchan's patent regarding the pearl be discharged with all other monopolies. Item, an article craving that the bleachers of linen cloth and other cloth be inhibited from bleaching any cloth with lime under pain of punishment of the persons of those that shall bleach with lime and other pecuniary sums to be exacted from them. And lastly, an article desiring that all acts and impositions made and imposed for restraining of the bringing in of victual may be discharged, it being without example in any part of the world, and so much the more that the whole sheriffdoms of Dunbarton, Renfrew, Argyll, Ayr, Wigtown, Nithsdale, stewartries of Kirkcudbright and Annandale and other parts are not able to maintain themselves in the most plentiful years that ever fell out without supply from foreign parts; as also desiring that seeing victual has become the greatest commodity now in Europe, that it may be declared lawful to merchants to import the same freely within this kingdom at all times without any imposition as for a place of rest to be transported again by the importers (the country in the meantime having no need thereof), as the said petitions and articles foresaid in themselves purports. Our said sovereign lord and estates of parliament foresaid, to the effect the particulars above-mentioned and every one of them may be the more carefully and exactly considered and tried, both in the benefit and prejudices thereof which may thereby ensue to his highness's lieges in particular or general, have remitted and remit the trial and cognition of the foresaid whole particular petitions and articles respectively above-mentioned to the lords of his majesty's secret council of the kingdom of Scotland, their consideration, to be determined and decided be them. And for this effect, our said sovereign lord and estates of parliament foresaid have given and granted, and, by the tenor hereof, give and grant full power and commission to the said lords of his highness's secret council to take such trial and cognition regarding the foresaid first petition and article above-mentioned, given in against the burgh of Dundee and regarding the abuse of their said ladle and oppression foresaid thereby sustained by the said petitioners, as the said lords of secret council shall think necessary and expedient for trying of the foresaid abuse and oppression and for making constant and known what is and should be the just measure and quantity of the said ladle in time coming; with power to the said lords of secret council after trial as said is and so to decide and determine regarding the particular foresaid as they after consideration of the foresaid trial and cognition to be taken by them as said shall think just and equitable. And also our said sovereign lord and estates of parliament have likewise given and granted, and hereby give and grant, full power and commission to the said lords of his highness's secret council of the kingdom of Scotland to consider and take such trial and information regarding the whole remaining articles and petitions above-mentioned, and every one of them, as the said lords of secret council shall think expedient and necessary; and thereafter to take such course and to decide and determine regarding the foresaid remaining particular articles and petitions, and every one of them as said is, accordingly as the said lords after trial and consideration shall find most expedient and agreeable with reason and equity, and for the well and good of all his majesty's lieges. And ordains the decreets, sentences and determinations to be pronounced and given by the said lords of secret council in all the foresaid particulars, and every one of them, to have the strength, force and authority of a decreet, sentence and act of parliament; for obedience whereof, ordains letters to be directed accordingly as shall be necessary.
[1633/6/50]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, taking to their consideration the particular articles following presented by the commissioners of the shires, namely: first touching the scarcity of his majesty's coin, both of gold and silver, of this kingdom and of the frequent course of dollars and base copper money whereby his majesty's lieges sustain great prejudice. Item, that a penalty be set down upon the breakers of the acts of parliament made regarding mets and measures. Item, to set down in the book of rates a price to the clerk of the bills for allowance of comprisings; has remitted, and remits, the same to the lords of his majesty's privy council, and gives and grants full power, authority and commission to the said lords to appoint and set down such settled course and remedy regarding the premises as they shall find most expedient for the well and benefit of his majesty's lieges, and finds and declares that what the said lords of privy council shall find expedient relating thereto shall have the force, power and strength of an act and decreet of parliament.
[1633/6/51]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, being sitting in his royal person with his estates in parliament, declared and protested that albeit his majesty had at this time, for certain occasions moving his majesty, remitted the consideration of the matter of coin and money and others of that nature which are merely of his majesty's prerogative royal to the lords of his majesty's secret council, yet the consenting thereto by his majesty at this time should not be prejudicial to his majesty and his successors in his and their prerogative royal, but that his majesty might assume the managing and ordering thereof to himself without consent of the estates as being matters merely pertaining to his majesty by his prerogative royal, to the which protestation and declaration the whole estates assented. Whereupon Sir Thomas Hope of Craighall, his majesty's advocate, asked instruments.
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In the parliament held at Edinburgh upon 28 June 1633, the which day regarding the petition presented to his majesty and estates of parliament by a noble lord John, lord of Torphichen, making mention that whereas by statute of this present parliament the superiorities of all erections are annexed to the crown, which will not only comprehend the superiorities of church lands erected in temporal lordships but also all superiorities of erections of whatsoever other nature, and in special these of the lordship of Torphichen which was anciently of the lordship of St John, and which never did belong to any prelate, bishop or churchman, as shall be made apparent to his majesty or to any whom his majesty should appoint for examining the business; and being tried and found that his particular case differs from the nature of these superiorities intended by his majesty to be reduced to the crown, and, therefore, most humbly beseeching his majesty that in the act of annexation it may be declared that the superiority of his lordship of Torphichen is in no way therein comprehended, or that the same be remitted to the council, as at more length is contained in the said petition. His majesty, with the advice of the estates of parliament, remits the said petition to the council, with power to them to try but not to determine until they acquaint his majesty with what they find and have his majesty's pleasure returned to them relating thereto.
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In the parliament held at Edinburgh, 28 June 1633, regarding the signature given in and presented to our sovereign lord and estates of parliament by his highness's trusty cousin Alexander, lord Spynie, of the which signature the tenor follows word for word: Our sovereign lord and estates of this present parliament ordain a ratification and act to be made therein to, and in favour of, his highness's trusty cousin Alexander, lord Spynie, ratifying, approving and, for his highness and his successors, perpetually confirming the letters patent and gift made and granted by his majesty to him under his highness's great seal of the date 2 June 1626, whereby, for the reasonable causes therein contained, our said sovereign lord made, constituted and ordained the said Alexander, lord Spynie, during all the days of his lifetime, general muster-master and colonel of all and sundry troops and trained bonds of the whole kingdom of Scotland and whole isles adjacent and pertaining thereto, with ample powers and privileges in manner contained therein, as the same letters of gift and patent of the date foresaid in themselves at more length bears in all and sundry the heads, points, clauses, articles, circumstances and conditions contained therein, and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for his highness and his successors, perpetually decree and ordain that the generality of this present ratification is, nor shall in any way be, hurtful nor prejudicial hereunto in any sort, but the same shall be as effectual and sufficient as if the whole tenor of the said letters patent and gift were all at length inserted in the said ratification, with the which our said sovereign lord and estates of parliament have dispensed and by this commission dispense for ever. And because his majesty and estates understand assuredly that the attendance and discharge of the said office and place will require great pains and charges, through which his majesty resolved to have gratified the said Alexander, lord Spynie with some rent answerable to his charges and expenses, and his majesty being uncertain by himself to modify any certain or proportional rent thereof at the present, not understanding the travails and expenses he may sustain in perfect discharging of the said office and place, therefore our said sovereign lord, with advice of the three estates of parliament, has found it expedient that the managing of the business and modification of the rent answerable to the charge shall be referred to the lords of his highness's secret council of Scotland, who by their care may better inform themselves of the estate of that matter than his majesty can do upon such sudden manner now at his being within this realm, having so many weighty concerns and so short time to abide here. In respect whereof, our said sovereign lord, with advice of the said estates of parliament, has committed and herby commits to the said lords of his majesty's said secret council of Scotland the ordering of that business, and gives and commits to them full power and commission to set down and modify such sums of money yearly to be paid to the said Alexander, lord Spynie during his lifetime as they shall think expedient, and to appoint and impose the same to be paid either out of his majesty's rents or by such persons as after trial they shall think expedient; and also with power to them to set down such articles and injunctions as they shall think expedient for advancement of that service and generally all and sundry other things in the premises to do that his majesty, with advice of the said estates of parliament, might presently do. And also, with power to the said lords of secret council to direct out warrants for compelling of the sheriffs of the shires, stewarts of the stewartries, bailies of the bailiaries and regalities, provost and bailies of burghs and all other judges and ministers of his highness's laws, as well to burgh as land, for performance of such articles as shall be set down by the said lords of secret council relating thereto, and for that effect to direct out letters of horning and others in the appropriate form, whereupon this commission and act to be made hereupon shall be as sufficient a warrant as if the same had been done and passed in this present parliament; and ordains the said ratification and act to be completed in the best form. Given at Holyroodhouse, the [...] day of June 1633. Our said sovereign lord and estates of parliament above-written having read, seen and considered the foresaid signature and commission contained therein and whole contents thereof, and the same being voted in parliament, have given and granted and, by the tenor hereof, give and grant full power and commission to the lords of his majesty's privy council, after consideration of the foresaid signature and whole contents thereof, to decree and determine relating thereto as they shall think fit and expedient, they always causing warn and call before them some commissioners for each estate to treat and reason in the particulars above-written contained in the said signature before they make any final determination or conclusion therein.
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Our sovereign lord and estates of parliament, considering that the great and exorbitant interest accustomed formerly to be taken by merchants and factors of this his majesty's kingdom of Scotland from other of his majesty's subjects of the said kingdom for loan monies and monies advanced upon exchange in the city of London in his majesty's kingdom of England, has given occasion to the frequent and continual exportation of gold and money out of this kingdom, to the no small damage and prejudice of the same, and that the excessive proportion of the said interest does far exceed and surmount the rate and proportion of interest accustomed, usual and approved in other neighbouring and well governed kingdoms. For remedying and redressing whereof, his majesty and estates foresaid have given and granted full power, authority and commission to the lords of his majesty's privy council to set down, appoint and determine the due and just rate and proportion of interests that they shall find just, reasonable and expedient in all time coming, to be taken by merchants and factors of this kingdom and others exercising the said trade from any other of his majesty's lieges of the same kingdom for loan monies and monies to be advanced upon exchange in the city of London; with power likewise to the said lords to impose fines and penalties upon the breakers and contraveners of their ordinance to be made relating thereto, and to take such further course and order regarding the same as they shall think most expedient for the benefit of his majesty's lieges. And finds and declares that whatsoever the said lords of privy council shall find, determine and conclude regarding the premises, that the same shall have the full strength, force, power and effect of an act and decreet of parliament in all time thereafter.
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In the parliament held at Edinburgh, 28 June 1633, regarding the supplication and petition given in and presented to his majesty and estates of parliament by the justice deputes and [Sir George Elphinstone of Blythswood], justice clerk of the kingdom of Scotland, making mention that whereas King James, of blessed memory, being truly informed of the great decay of the most ancient criminal judicatory of this kingdom, and how by injury of time it had been dispossessed of many privileges and liberties only proper to it, and how the judges of the said court were altogether unprovided of convenient fees to maintain a dignity due to their place; in consideration whereof, his majesty was pleased, with advice of the estates of parliament, to grant a commission to a number of the honourable council who, by the advice of some lawyers, might meet and convene to consider every thing that should be thought expedient to restore and re-establish the said judicatory to the ancient dignity and integrity in all things, but that true it was that the said lords commissioners then appointed did never meet for the effect foresaid, so that nothing as yet was done as had been before resolved. In respect whereof, the said supplicants did humbly supplicate his majesty and the estates convened in this present parliament to grant a new commission to such persons as his majesty and estates foresaid should think fit to meet and convene for the causes foresaid, and to report their diligence to his majesty between now and some certain day thereafter, as the said supplication bears. Which being read in audience of his majesty and estates of parliament foresaid, and the same being heard and considered by them, our sovereign lord and estates foresaid remitted and referred, likewise by this commission they remit and refer to the lords of his majesty's most honourable privy council of the said kingdom of Scotland, to consult and consider of the said supplication and of the contents and desire thereof; and thereafter, with power to the said lords to give answer thereto or to determine therein as they should think fit and expedient.
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Our sovereign lord and estates of parliament have remitted and recommended, and remit and recommend, the article given in to the parliament desiring the kirks of Meikle and Little Daltons, lying within the diocese of Glasgow, to be disjoined from the kirk of Mouswald, and ordaining Meikle and Little Daltons to be a separate cure and parish kirk per se from Mouswald, as the article in the self more fully purports. Item, the article given in to the said parliament for erecting and planting and edifying of a new kirk upon the most commodious part of the parish of Beith lying nearest to the middle of the said parish, which is one of the kirks of the presbytery of Irvine, lying within the bailiary of Cunninghame, and for taking down and transporting of the old kirk of the same parish of Beith and whole materials thereof to the place where the new kirk is to be built for the better help to the edifying thereof; and desiring that the manse, glebe and glebe lands of the parish of Beith, presently possessed by the minister thereof, shall be applied to the use and utility of the builders and providers of the new manse and glebe, which shall be provided to the minister serving the cure at the new kirk of Beith to be erected and built in manner contained in the said article, as the same in the self at more length bears; to the lords commissioners and clergy of the high commission of the kingdom of Scotland to be considered, advised and determined by them, to whom our said sovereign lord and estates of parliament foresaid gives and grants by this commission full power and commission to decide and determine regarding the foresaid two particular articles above-written and each one of them, accordingly as the said lords and other commissioners of the said high commission, after consideration, trial and cognition had and taken by them regarding the foresaid two articles above-mentioned, shall find good for the ease, well and benefit of the lieges having interest therein; and ordains the decreet, sentence and determination to be made, given and pronounced by the said high commission regarding the foresaid two particulars above-specified to have the strength, force and effect of a sentence and act of parliament in all time coming.
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Our sovereign lord and estates of parliament have remitted and recommended, and remit and recommend, the article given in and produced in parliament for Robert Young, printer, citizen of London, and his partners, craving ratification of a gift granted to him and his foresaids to be sole and only printers to his majesty within the kingdom of Scotland for the space of 21 years after the date of the gift, which is dated 12 April 1632. Item, a petition given in by Janet Kene, widow of the late Andrew Hart, printer, burgess of Edinburgh, desiring that the foresaid gift may be recalled or at the least limited in manner contained in the said petition. Item, an article given in by Master Robert Craig as procurator for the kirk desiring that he might be paid of the £500 assigned to him yearly for that service as procurator for the kirk and ministry thereof out of the readiest of the annuity due to his majesty out of the teinds of the kingdom of Scotland, as the said article at more length purports. Item, another article regarding vassals of ward lands and regarding the entry of the mean vassals of kirklands. Item, an article given in in parliament desiring that the body of the cathedral kirk of Orkney be upheld and maintained by some competent means to be assigned out of the king's patrimony for that effect, seeing the same was upheld by the earl of Orkney of before, and that [George Graham], bishop of Orkney and his successors be ordained to uphold the choir of the said kirk, as the foresaid articles in themselves more at length bear; to the lords of his majesty's exchequer of the kingdom of Scotland to be advised, considered and determined by them, to whom our said sovereign lord and estates of parliament by this commission grant full power and commission to decide and determine regarding the foresaid particular articles and petition respectively above-written, and desire thereof accordingly as the said lords of exchequer, after trial and consideration had and taken by them relating thereto, shall find good and expedient; and ordains the determination, decreet, statute and ordinance to be made, given and pronounced by the said lords of exchequer regarding the particulars above-rehearsed to have the strength, force and effect of a sentence and act of parliament in all time coming.
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Our sovereign lord and estates of parliament, having considered these particular articles underwritten, given in and produced in parliament, namely: an article given in regarding the payment of the ministers' stipends within the burgh of Edinburgh, desiring that the sum of 12,000 merks may be uplifted yearly off the whole inhabitants and indwellers within the said burgh (the lords of his majesty's council and session being only excepted), and that according to the proportion of the mail they pay or the houses where they reside may pay for a maintenance and stipends to the ministers of the said burgh. Item, a petition by the gentlemen and inhabitants of the sheriffdoms of Elgin, Forres, Nairn and Inverness desiring that some solid order should be taken with the rebels of these bounds and that warrant be granted to [Sir Thomas Hope of Craighall], his highness's advocate, to pursue the said rebels before the justice, according to the said supplication. Item, an article desiring the charter of erection of the burgh of Stranraer, with the harbour thereof, in a free royal burgh, to be ratified in favour of the provost, bailies, council and community thereof and their successors. Item, the supplication, desire and reasons given in and produced to the parliament by the town of Wigtown against the foresaid ratification and desire thereof. Item, an article for the inhabitants of the west and north isles of Scotland desiring all charges and letters, either for civil or criminal causes, which shall be directed against the inhabitants thereof, to be ordained to be directed upon 60 days only. Item, an article for the inhabitants of Orkney and Shetland craving that the removable tenants thereof be free of payment of taxation. Item, it is craved that caution for lawborrows for the inhabitants of Orkney and Shetland be found within the country there and that the letters bear the same. Item, that it be ordained that all poindings used within Orkney and Shetland shall be lawful, being apprised and offered upon the ground to the party and the next Sabbath day at the parish kirk door without going to the cross of Kirkwall or Scalloway. Item, it is craved by the udalers of Orkney and Shetland who have these many ages, conforming to the dense law, possessed their land for payment of scat† and teind, that no man be interposed between his majesty and them to molest them, but that they remain his majesty's immediate vassals for payment of scat and other duties according to their rentals, until his majesty conforms their rights to the laws of this kingdom. Item, that it may be ordained that acts of warding upon sheriffs' decreets in default of moveable goods directly according to the order used within burghs, in respect that the sums being £10 or £12, and the debtor, having no moveable goods poindable, the party is not able to raise horning and caption thereupon. Item, an article given in by Sir John Scott [of Scotstarvit], director of the chancellery, desiring that the consideration of the article given in by him regarding the prices of the writs which pass his office may be remitted to such number of the lords of the articles of the three estates as our sovereign lord and the parliament shall think fit, and that the prices thereof may be established by their act according to the usual form. Item, a petition, with some articles given in by the doctors of physic within this kingdom, desiring our sovereign lord and estates of parliament take the articles and overtures given in by them (for incorporating of the doctors of physic within this kingdom in a college of physicians within the burgh of Edinburgh) into their consideration, and to allow all or such thereof as should be found expedient, as the said particular articles and petitions respectively above-specified bears. Our said sovereign lord and estates of parliament foresaid, being willing that the foresaid particulars above-written and every one of them, with the equity and justness of the desires of the same and expediency and conveniency thereof, be carefully and exactly considered, have therefore remitted and recommended, and remit and recommend, the foresaid particulars above-written and every one of them to the lords of his majesty's secret council of the kingdom of Scotland, to whom our sovereign lord and estates of parliament foresaid give and grant full power and commission to consider, advise and try the foresaid whole particular articles and petitions above-mentioned, and every one of them, with the equity, necessity and expediency thereof, and thereafter to decide, statute and determine regarding the foresaid particular articles and petitions and each one of them accordingly as the said lords of secret council shall think expedient for the good and well of all the lieges and according to the equity, necessity and expediency of the foresaid articles and petitions above-mentioned. Likewise our sovereign lord and estates of parliament foresaid ordain the decreets, statutes, ordinances and determinations to be made, given and pronounced by the said lords of secret council regarding the foresaid particular articles and petitions above-written, or any of them, to have the strength, force and effect of a sentence and act of parliament.
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In the parliament held at Edinburgh on 28 June 1633, the which day regarding the supplication given in and presented to his majesty and lords of parliament nominated and chosen for the articles by the parishioners of the parish kirk and parish of Nisbet, within the sheriffdom of Roxburgh, making mention that upon some information made to the estates of parliament in 1612, the kirk of Nisbet was united to the kirk of Crailing for hearing the divine service and participating of the sacraments; and seeing the parishioners in their resort there were forced either to adventure their lives oftentimes in crossing the rivers of Teviot and Oxnam, or to make a journey of at least four miles to cross the said waters at the bridge of Ancrum, though none of the said parish dwells half a mile from their ancient parish kirk, the kirk of Nisbet, and seeing also that the ministers' whole stipend is paid out of the parish of Nisbet and that the burial of the said parishioners did still remain at the said kirk of Nisbet, therefore beseeched the said lords of the articles to ordain that the ancient seat of the said kirk of Nisbet might be the only kirk for the said parishes of Nisbet and Crailing, and the present minister and his successors ordained thereafter to make their residence within the parish of Nisbet, and that the indwellers of Crailing should repair to the said kirk of Nisbet as their only parish kirk for exercise of divine service in all time thereafter, as the said supplication bears. Which supplication, being upon the 26 June read in audience of his majesty and the said lords of the articles, and they having had deliberate consideration thereof, after deliberation, they remitted and by this commission remit the foresaid supplication and whole contents thereof, and consideration of the same, to the decision and determination of the said lords commissioners of parliament appointed by his majesty and estates for surrenders and teinds, with power to them to determine therein as they shall think fit and expedient.
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Our sovereign lord, of certain knowledge and proper motive, and for some special causes and reasons moving his majesty, has, with consent of the three estates and whole body of this present parliament, excepted and reserved to his sacred majesty the lands, kirks, teinds and others after-specified from the act of annexation made at this present parliament, and from all other former annexations made by his majesty's predecessors of happy memory, and also from all other acts and statutes made in this present parliament to the effect his majesty may dispose thereupon at his gracious pleasure, namely: all and whole the house, precinct and yards of Holyroodhouse, with the houses, tenements and yards lying contiguous thereto held of old of the said abbacy, with the right of superiority of the kirklands of Dunrod, Whitekirk and Fuirde, with the manor places, houses, yards, annexes and connexes of the same which pertained of before to the said abbacy of Holyroodhouse, and also the parish kirks of St Cuthbert, Liberton, Tranent, Crawford-Lindsay, Dalgarnock, Urr, Kirkcudbright, Kirkcormock, Balmaghie, Dunrod, Kelton, Bara and St Martins, with the whole teinds of the said kirks pertaining to the said abbacy of Holyroodhouse, and also the abbacy of New Abbey, with the whole lands, baronies, kirks, teinds, patronages and others pertaining to the said abbacy, as well temporality as spirituality, of the same. And to that effect his majesty and estates foresaid have dissolved and by this act dissolve the said kirklands, superiorities and others foresaid pertaining of old to the said abbacy of Holyroodhouse, together with the whole lands, baronies and other temporal lands whatsoever which pertained of old to the said abbacy of New Abbey from whatsoever acts of annexation annexing the same to the crown made in this present parliament or whatsoever parliaments preceding by his majesty, or any of his majesty's predecessors of happy memory, to the effect his majesty may convey thereupon at his pleasure. And also his majesty and estates have dissolved and by this act dissolve the foresaid kirks, teinds, patronages and others above-written, together with the houses, precincts, monasteries and yards of the said abbacies, from the said benefices and abbacies of Holyroodhouse and New Abbey respectively, and have suppressed and suppress the said abbacies and either of them with the memory thereof for ever, to the effect his majesty may convey thereupon at his gracious pleasure as said is, and will and declare that it shall be lawful to his majesty to convey of the premises to whatsoever person and in what manner his majesty pleases, notwithstanding of whatsoever general and original laws made in the contrary, and specially notwithstanding of the act of annexation made in 1587 or of any act of annexation made of before or since or at this present parliament; and also notwithstanding of the act of parliament made by his majesty's late dearest father of eternal memory, parliament 10, chapter 11, regarding the leaving of benefices in the same estate as they are found by the titular, and of the act made in his majesty's said late dearest father's 12th parliament, chapter 119, forbidding erection of kirklands and teinds in temporal lordships, and notwithstanding of whatsoever acts and statutes of parliament made since or at this present parliament, which his majesty and estates declare to be null and ineffectual in so far as may concern the lands, kirks, teinds, patronages and others foresaid reserved to his majesty by this present act.
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Our sovereign lord and the three estates of this present parliament convened, understanding that his majesty's dearest father of worthy memory by his letters of grace and favour gave peace and protection to Francis Stewart, eldest lawful son to the late Francis [Stewart], sometime earl of Bothwell, to possess whatsoever pertinent to him by reason of his marriage and that his children and posterity after him should be capable thereof; and also understanding that his majesty's said late father of worthy memory, thereafter pitying the estate of the said Francis Stewart, his majesty, by his letters of rehabilitation of 12 October 1621, has admitted the said Francis to his majesty's gracious protection and peace to the effect following, and has declared him capable to possess his majesty's favour to whatsoever lands, goods, benefices, teinds, donations, offices and rents that he should acquire by his own industry and pains, and that his children and posterity shall possess the same after him in whatsoever his majesty's kingdoms the same shall be acquired in peace and favour, and gave and granted to him and his posterity to have persons to stand in judgement in all actions and causes concerning the premises, and by the said rehabilitation, rehabilitate the said Francis for that effect, dispensing with all prior acts of legal disqualification pronounced against the posterity of the said late Francis, sometime earl of Bothwell so far as concerns the particulars foresaid, as the said rehabilitation of the date foresaid given under the great seal bears. And in respect the said Francis has, in all humility, submitted the decision of all controversies standing between [Robert Ker], earl of Roxburghe and [Walter Scott, earl of] Buccleuch and him, and that his majesty has given his decreet arbitral therein, therefore his majesty and three estates of this present parliament ratifies, approves and confirms the said rehabilitation in the whole heads and clauses thereof, and further declares that the said Francis, his heirs and assignees shall be valid and able persons under his majesty's protection and power to possess whatsoever lands, teinds, benefices, donations, offices and rents which have been acquired by himself since the date of the said letters patent granted to him by his majesty's said late dearest father or which shall be acquired by him in any time hereafter, and which is already determined or which shall be adjudged by virtue of the said decreet arbitral to appertain to him, and which it shall please his majesty to gift and convey to the said Francis as appertaining to his majesty by virtue of a renunciation made by the said earls of certain lands, teinds, and others therein contained so far as they have any right thereto by the forfeiture of the said late Francis, sometime earl of Bothwell, according to the said renunciation of the date the [...] day of [...], 16[...], or which shall be gifted by our sovereign lord to the said Francis, his heirs and successors, as omitted out of the valuation of lands, teinds and others pertaining to the said late Francis, sometime earl of Bothwell, deduced before the lords of secret council of the date the [...] day of [...], 16[...]. And our sovereign lord and estates foresaid gives power to the said Francis and his foresaids to pursue for all lands, teinds and others which are determined by his majesty's decreet foresaid, or which shall be adjudged to appertain to him by virtue thereof, or which shall be gifted to him by his majesty as omitted or pertaining to his majesty by renunciation foresaid by virtue of the rights to be granted to the said Francis by the said earls of Roxburghe and Buccleuch by the decreet foresaid. And for that effect his majesty, with consent of the three estates, rehabilitates the said Francis against all acts of legal disqualification made against the said Francis or against the posterity of his said late father in so far as concerns the sure and full enjoying possession of the premises, and wills and declares that the said Francis and his children and posterity after him shall possess and enjoy the same which are determined, acquired or shall be acquired or gifted in manner foresaid within his majesty's kingdoms with his highness's peace and favour thereto, notwithstanding of any former acts of legal disqualification pronounced against him or the posterity of the said late Francis, sometime earl of Bothwell in any time bygone. It is always provided that the said Francis Stewart shall do and perform to the said earls of Roxburghe and Buccleuch that part of the decreet arbitral so far as the said Francis is determined to do in their favour, under which provision this present act of rehabilitation is granted by his majesty and estates to the said Francis and his foresaids, providing always, likewise it is hereby expressly provided and declared, that the foresaid rehabilitation, nor any thing contained therein, shall in no way be prejudicial to James [Hamilton], marquis of Hamilton, his heirs and successors regarding his rights and infeftments of his lands and baronies of Lesmahagow and Bothwell, and whole parts, pendicles and pertinents thereof and teinds of the same and others whatsoever conveyed to the late James, marquis of Hamilton, his father, by the earls of Roxburghe and Buccleuch, or pertaining and belonging to the said James, marquis of Hamilton by whatsoever other manner of way; nor that the same rehabilitation shall furnish the said Francis any action, interest or claim of right thereto, but that notwithstanding thereof the said James, marquis of Hamilton, his heirs and successors shall possess the same whole lands, teinds and others conveyed by the said earls to his said late father or whereto he has right by whatsoever other manner of way peaceably in all time coming without any question, trouble or impediment to be made to him or them relating thereto by the said Francis, his heirs and successors, nor any others, the posterity of the earl of Bothwell; and providing likewise that the foresaid rehabilitation shall in no way be prejudicial to Sir Thomas Thomson of Duddingston, knight, his infeftments, rights and securities of his lands of Easter and Wester Duddingstons and teinds of the same, but that he may peaceably possess the same in time coming without any question or impediment to be moved to him, his heirs or successors by the said Francis nor by his heirs nor successors nor by any others, the successors of the late Francis, sometime earl of Bothwell.
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The same day compeared Sir Patrick Murray of Elibank, knight, and protested that the acts of parliament in favour of Francis Stewart shall not prejudice the said Sir Patrick of the right he has of the kirkland and of the teinds, parsonage and vicarage, of the provostry of Crichton, whether the same be contained in the earl of Buccleuch's valuation or not given up to his majesty.
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The same day compeared a reverend father in God, Adam [Bellenden], bishop of Dunblane, and protested that the passing and completing of the act of rehabilitation in favour of Francis Stewart, eldest lawful son of the late Francis [Stewart], sometime earl of Bothwell, in this present parliament should not be prejudicial to the said bishop of Dunblane and his successors, deans of the chapel royal, regarding the lands of Markle and Traprain lying within the constabulary of Haddington, endowed and mortified by his majesty's father of eternal memory to the use of his majesty's chapel royal in Stirling and annexed to the bishopric of Dunblane, but that, notwithstanding of the said rehabilitation, the right of the said lands of Markle and Traprain, with the whole ferms and duties, rents and profits thereof, shall be presently held and possessed by the said bishop of Dunblane and his successors as deans of the chapel royal without any claim, question and trouble to be made to him by the said Francis, his heirs and assignees; which protestation the three estates admitted, likewise his majesty in face of parliament declared that his majesty should make no right in any hereafter to the said Francis and his foresaids of the said lands of Markle and Traprain in prejudice of the said bishop and his successors, deans of the chapel royal, or in prejudice of the said endowment and mortification made by his majesty's late father of the said lands in their favour. Whereupon the said Adam, bishop of Dunblane, asked instruments.
[1633/6/64]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of parliament, considering that his majesty and estates foresaid by special act of parliament, of the date of this act, have ratified and approved the letters of rehabilitation of Francis Stewart, son to the late Francis [Stewart], sometime earl of Bothwell, granted by his majesty's late dearest father of eternal memory of the date 12 October 1621, in the whole heads and conditions thereof, and have declared that the said Francis and his heirs shall be valid and able persons to possess whatsoever lands, teinds, benefices, donations, offices and rents which have been acquired by himself or which shall be acquired in any time hereafter, and which is already determined or shall be adjudged to pertain to him by his majesty's decreet arbitral given by his majesty between the earls of Roxburghe and Buccleuch and the said Francis, or which it shall please his majesty to give to the said Francis as omitted or as pertaining to his majesty by the renunciation made by the said earls in his majesty's favour, and have given power to the said Francis to pursue for all the said lands, teinds and others which shall be determined in his favour by his majesty by virtue of the rights to be granted to the said Francis by the said earls of Roxburghe and Buccleuch by virtue of the said decreet, and for the other particulars above-specified which his majesty shall be pleased to give to the said Francis in manner foresaid; and for that effect his majesty, with consent of the said estates, has rehabilitated the said Francis, his heirs and successors against the act of legal disqualification of the said Francis or of the posterity of the said late Francis, sometime earl of Bothwell, his father, in so far as the same may impede or hinder the said Francis to pursue for whatsoever lands, teinds and others to the which he has, or shall have, right in manner foresaid as the said act bears. And his majesty, being willing that the said earls of Roxburghe and Buccleuch be in no way prejudiced in that which of all equity does pertain to them according to his majesty's said decreet, therefore our said sovereign lord and three estates of parliament have provided and declared, and by this act provides and declares, that the contents of the said act shall be affected with this provision and condition: that the said Francis, his heirs and successors shall be held to do and perform to the said earls of Roxburghe and Buccleuch, their heirs and assignees all and whatsoever which is determined to be done by him to them by virtue of his majesty's decreet arbitral foresaid, or which his majesty declares to be done for performance thereof. Likewise his majesty and estates foresaid for that effect ratify and approve all rights whatsoever granted to the said earls of Roxburghe and Buccleuch or their predecessors or authors by his majesty's late dearest father of happy memory, or acquired by them in any manner of way, of all lands, teinds, rents and others of the said late earl of Bothwell's estate, or which they have by the act of legal disqualification of the said Francis (except such as is determined and adjudged to the said Francis by the said decreet arbitral or which shall be gifted to him by his majesty in manner foresaid), and decrees the same rights to be good and valid rights, whereby the said earls of Roxburghe and Buccleuch may possess the same lands, teinds and others in all time coming, in so far as the same is not adjudged by his majesty's said decreet arbitral or shall by gifted by his majesty to the said Francis as said is.
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Our sovereign lord and estates of parliament, having considered a petition and desire given in in parliament by the college of justice and Master Robert Craig, advocate, son to the late Master Thomas Craig, advocate, craving that command and warrant might be granted for imprinting of the three volumes written by the said late Master Thomas Craig entitled De Feudis, in respect that the same would be very useful to the country and for the instruction of those who aspire to the knowledge and practice thereof, as the said petition at more length bears; our said sovereign lord and estates foresaid ordain the said three volumes written by the said late Master Thomas Craig entitled De Feudis to be reviewed and overseen by Sir Thomas Hope of Craighall, knight baronet, his highness's advocate, Sir Alexander Gibson of Durie, knight, Sir Andrew Fletcher of Innerpeffer, knight, two of the ordinary senators of the college of justice, and Master Lewis Stewart, advocate, before the said lords, and thereafter ordain the said three volumes entitled De Feudis as said to be imprinted, and grant the sole privilege for imprinting thereof to the said Master Robert Craig, his heirs and executors, to whom ordains the whole benefit, commodity and sale of the said volumes to pertain for the space of 21 years after the date hereof; and ordain none of the said books to be brought in and sold during the said space of 21 years but by the said Master Robert, his tolerance, under the pain of confiscation of the same to the use and benefit of the said Master Robert and his foresaids.
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In the parliament held at Edinburgh, 28 June 1633, the which day, regarding the petition given in and presented to his majesty and estates of parliament convened for the time by William Douglas of Cavers showing that he, knowing his majesty's royal intention to bring in to the crown all heritable offices, has had more dear to him than the expression of his loyal willingness to give ready obedience to all his majesty's royal commandments, and in particular to resign in his majesty's hands that heritable office of the sheriffship of Roxburgh possessed by him and his predecessors these many ages bygone, which readiness he also witnessed in the time of his majesty's father of happy memory by offering to surrender in his royal hands the said heritable office for the sum of 45,000 merks Scots money, which his majesty appointed to be given to him for the said resignation, but was never paid; and since it was not suitable to his majesty's just and beautiful disposition to take from any of his good subjects that whereto they had right by the laws of the country authorised by possession of long descent without competent retribution made to them for the same, therefore humbly craving that his majesty would be graciously pleased to declare that the extent of his majesty's revocation should not reach to the prejudice of the said petitioner and his successors in their right and possession of the said heritable office until first he were paid and satisfied of the sums of money above-written agreed upon between his majesty's royal father of eternal memory and him, and that his majesty would ordain act and instrument to be made thereupon in the books of parliament, as the said supplication more fully purports. Which being heard, seen and considered by his majesty and estates of parliament, they, after mature deliberation, determine, statute and ordain the said William Douglas, petitioner foresaid, and his heirs and successors, to enjoy, hold and possess his said right and office of heritable sheriffship above-written within the said sheriffdom of Roxburgh as he and his predecessors enjoyed the same of before, and that until payment be made to him or them of the sum of £20,000 Scots money according to an act of council made relating thereto of the date 13 June 1620.
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Our sovereign lord, with advice, consent and assent of the three estates of parliament, for the good and true service done to his majesty by Endymion Porter, Sir James Palmer, knight, Sir Harry Knolles, knight, Sir Harry Hungate, knight, Sir Humphrey Styles, knight and baronet, Sir John Fairwell, Sir Philip Lauden, Sir Cornelius Pharmedoe, Sir Richard Young, knight and baronet, Sir Francis Kenniston, Sir Richard Graham, knight and baronet, Sir William Sanderson, Sir John Barrough, William Leneue, York herald, Roger Fielding, Edward Sydenham, Thomas Jermane, Thomas Carlton, Hadrian Scroupe, John Cran, esquire, Nicolas Pae, esquire, Sir Richard Green, Thomas Bray, Thomas Astoun, Robert Wood, Randolph Church, William Harvey, doctor of physic to his majesty, Charles Smith, John Tythburne, John Temple, George Theobalds, Thomas Mynne, knight, harbinger, William Lake, Edmond Taverner, Harry Wrochten, [...] Evans, [...] Kellie, Hugh Henne, Howard Bickerstaff, Edward Dacaris, George Rudolph, [...] Wetekerline, John Throughgood, Matthew Howland, Sir Gervase Clifton, Edward Brane, Thomas Holmes, Sir Richard Titchborn, knight and baronet, Robert Terwhite, Sir Arthur Capile, knight, Humphrey Rodgers, Sir Thomas Eurling, Sir Sanders Duncombe, Sir Henry Reive, Sir Richard Lethford, William Eyre, Thomas Hopetoun, Davie Kirk, Francis Sydenham, George Windham, John Saltingstall, John Bocare, Thomas Fraser, Roger Higgis, Sir William Robertson, Richard Musgrave, Francis Graham, Nicolas Selvin, Thomas [Wentworth], earl of Cleveland, William Smysbie, Clement Kennetstie, Sir Thomas Ailesbury, knight and baronet, master of requests, John Anstie, gentleman usher quarter waiter, Spencer [Compton], earl of Northampton, and Thomas Calwell, barber to his majesty, therefore naturalises them and each of them as native born subjects of the realm of Scotland, as freely in all respects as if they themselves had been born within the same; and declares them and every one of them to be capable of all and whatsoever dignities, honours and offices within the kingdom of Scotland, and to have full liberty and freedom to buy and acquire and conquest whatsoever lands, heritages, annualrents, houses, tenements and other goods, moveable and unmoveable, whatsoever and to possess and enjoy the same either by succession, conquest or free donation or otherwise howsoever, with full liberty and power also to their male or female heirs of line, conquest or tailzie, to succeed to all and whatsoever their lands and heritages, houses, tenements and other goods, moveable and unmoveable, whatsoever, with full power and liberty also to them to make their testaments, letter wills and by the same to convey upon whatsoever goods and gear pertaining to them within this his majesty's kingdom of Scotland, or which hereafter shall happen to pertain to them, to name executors in their said testaments, and to leave and convey legacies to whatsoever person or persons of whatsoever goods or gear pertaining to them, and to name tutors, one or more, to their children and minors and to enjoy, possess and use all and whatsoever privileges, immunities and liberties competent or that may be competent to any native subject born within this his majesty's realm of Scotland.
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Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves the two charters of alienation made and granted by the late James Haliburton of Essie to his highness's right trusty cousin and councillor George, earl of Kinnoull, viscount of Dupplin, lord Hay of Kinfauns etc., lord high chancellor of this realm of Scotland, therein designed Sir George Hay of Nether Liff, knight, his male heirs and assignees whatsoever heritably, the one thereof that the said late James Haliburton, his 24th part of all and sundry of the lands of Kincaple with the pertinents, sometimes occupied by John Mitchell, and also of all and whole of the said late James Haliburton's sixteenth part of the said lands lying on the west part of the town thereof, sometimes occupied by David Forrester, as also of all and whole another of the said late James Haliburton, his sixteenth part of the same lands of Kincaple, sometimes occupied by Thomas Johnson, with houses, buildings, yards, tofts, crofts and pertinents thereof, lying within the regality of St Andrews and sheriffdom of Fife under the reservation therein mentioned; and the other of the said charters of all and sundry of the said feu ferms of the portions after-specified of the said town and lands of Kincaple, namely: the feu ferm of that sixth part of the said town and lands of Kincaple, sometimes occupied by Patrick Kinmonth of Calinshe, as also of the feu ferm of a third part and ninth part of the said lands sometimes occupied by Patrick Duddingston [of Kincaple], and of the feu ferms of a 26th part of the said lands occupied by Andrew Month, and of another 24th part of the said lands and town occupied by David Forrester, and also of the feu ferms of a 24th part of the said lands occupied by David Brown, and the feu ferms of another 24th of the said lands occupied by [...] and their subtenants, lying within the regality of St Andrews and sheriffdom of Fife foresaid, extending in the whole yearly to the quantity of victual, silver and other duties particularly and generally specified in the said charter, together with the office of bailiary and jurisdiction of the said lands specified in the said charter. Which both the charters above-mentioned are granted to be held of [George Gledstanes], archbishop of St Andrews and his successive bishops of St Andrews, and are both dated 22 October 1612, confirming the foresaid two charters of alienation and sundry other rights and securities therein specified made to the said late James Haliburton and his predecessors of the lands and others foresaid. Which charter of confirmation contains a new gift made and granted by the said late George, bishop of St Andrews, with consent foresaid, to the said lord chancellor and his above-written of the lands, feu ferms, office of bailiary and others above-mentioned to be held of the said archbishop of St Andrews and his successive bishops of St Andrews for the duties specified therein, with the precepts of sasine therein contained and instruments of sasine following thereupon, with all other charters, precepts, sasines, acts of parliament and other rights and securities made to the said lord chancellor and his authors and predecessors of or concerning the lands, feu ferms, office of bailiary and others above-specified, or any part thereof, in all and sundry points, articles and clauses contained therein, after the forms and tenors thereof; and decrees, statutes and ordains that this present confirmation of the charters and other securities above-specified, with the precepts of sasines therein contained and instruments of sasine following thereupon, is and shall be as valid, effectual and sufficient as if the said whole charters and instruments of sasine following thereupon were at length and word by word inserted and engrossed herein. And likewise his majesty, with advice and consent foresaid, by this act finds, declares, statutes and ordains that the said charters and sasines following thereupon and this present confirmation thereof is, and shall be, sufficient, valid and lawful rights and securities to the said lord chancellor and his above-written for the peaceable possessing and enjoying of the lands, feu ferms, office of bailiary and others above-mentioned at their pleasure in time coming, notwithstanding of the want or loss of any one or more of the said writs and notwithstanding of all other impediments or objections that may be proposed or alleged against the said lord chancellor or his foresaids, ordaining this act to be a sufficient warrant to the clerk register and his deputes to extract an act of parliament hereupon in due form with all clauses needful.
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The same day compeared the right reverend father in God, John [Spottiswood], archbishop of St Andrews, and protested that the ratification granted in this present parliament to the right honourable George [Hay], earl of Kinnoull, chancellor of Scotland, of his infeftment of Kincaple shall not prejudice the said archbishop of St Andrews, nor his successors in their right that he or they have or may have or pretend to the said lands of Kincaple. And thereupon the said John, archbishop of St Andrews asked instruments.
[1633/6/70]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering and finding that there are sundry and diverse ratifications granted by his majesty and the said estates in this present parliament in favour of sundry noblemen, barons, burghs, royal burghs of regality and other of his majesty's subjects within this kingdom of Scotland of the charters, infeftments and other writs and securities granted and made to the said noblemen, barons, burghs, royal burghs of regality and other of his majesty's subjects foresaid and to their predecessors and authors of their lands, heritages, offices, privileges, liberties and others contained in their said charters, infeftments, writs and securities thereof; and that in the said charters, infeftments and other writs and securities granted to the foresaid persons and their above-written, and ratified in this present parliament, there are or may be some special gifts and dispositions or general clauses containing, or which may seem to contain, disposition of the jurisdictions, privileges, immunities, liberties, fees, casualties and others properly belonging and appertaining to the offices of admiralty and chamberlainship of this kingdom (wherein his majesty's dearest cousin and councillor James, duke of Lennox, earl of Darnley etc., stands heritably infeft as brother, son and heir to the late Ludovic [Stewart], duke of Lennox) or of the said offices themselves or some part thereof, and which may be hurtful and prejudicial to his majesty's said dearest cousin and councillor James, duke of Lennox, his heirs and successors regarding the peaceable possessing, enjoying, using and exercising of the said offices of admiralty and chamberlainship of this kingdom with the privileges, immunities, honours, and dignities belonging to the said offices and uplifting and intromitting with the fees, casualties, commodities and duties of the same offices, and being in no way willing that his majesty's said dearest cousin and councillor James, duke of Lennox and his foresaids be in any sort hurt or prejudiced regarding the said offices of admiralty and chamberlainship of this kingdom or any part thereof or regarding the privileges, immunities, honours and dignities belonging to the said offices or the free using and exercising of the said offices within the whole bounds of this kingdom or regarding the uplifting and intromitting with the fees, casualties, commodities and duties of the same offices or any part thereof, have declared, statute and ordained, likewise our said sovereign lord and estates foresaid by this act declare, statute and ordain that no ratification passed and granted in this present parliament in favour of any noblemen, barons, burghs, royal burghs of regality or others of his majesty's subjects whatsoever, nor the charters, infeftments, writs, securities, privileges and liberties respectively either generally or specially mentioned and ratified in the said ratifications, shall be in any sort hurtful or prejudicial to his majesty's said dearest cousin and councillor James, duke of Lennox and his foresaids regarding their peaceable possessing, enjoying, using and exercising of the said offices of admiralty and chamberlainship of this kingdom or any part thereof, or regarding the privileges, immunities, honours and dignities belonging to the said offices, or the free using and exercising of the said offices within the whole bounds of this kingdom, or regarding the uplifting and intromitting with the fees, casualties, commodities and duties belonging to the said offices respectively or any part thereof, but that notwithstanding of the said ratifications and of the charters, infeftments, privileges, liberties, rights and securities respectively, either generally or particularly ratified and mentioned in the said ratifications, his majesty's said dearest cousin and councillor James, duke of Lennox and his foresaids shall possess, enjoy, use and exercise the said offices of admiralty and chamberlainship of this kingdom, with the privileges, immunities, honours and dignities thereto belonging, and uplift and intromit with the fees, casualties, commodities and duties of the same offices likewise and as freely in all respects as if the ratifications above-written passed and granted in this present parliament and the charters, infeftments, privileges, liberties, rights and securities either generally or specially thereby ratified had never been made nor granted. Likewise our said sovereign lord and estates foresaid ratify and approve all charters, infeftments, rights and securities whatsoever made and granted by his highness and his predecessors to the said James, duke of Lennox and his predecessors and authors of the said offices of admiralty and chamberlainship of this kingdom, with the privileges, immunities, honours, dignities, fees, casualties and commodities belonging to the said offices, in the whole heads, articles, conditions, clauses and circumstances thereof, and ordains this general ratification to be as valid, effectual and sufficient as if the said charters, infeftments, rights and securities were specially inserted herein word by word and ratified hereby in particular. And also will, statute and ordain that the infeftments and securities granted by his highness and his predecessors to his said dearest cousin and councillor James, duke of Lennox, his predecessors and authors of the said offices of admiralty and chamberlainship above-written, with the privileges and others above-mentioned thereto belonging, shall be good, valid and sufficient rights to the said James, duke of Lennox, his heirs and assignees contained in the said infeftments and securities for possessing, enjoying, using and exercising of the said offices with the privileges and others above-written thereto belonging, notwithstanding of any acts of parliament, laws or practices of this kingdom made and set down or that may seem to be made or set down in the contrary; regarding the which his majesty and estates of this present parliament have dispensed and by this act dispense for ever.
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The same day compeared a noble lord John [Lindsay], lord Lindsay, and protested that no ratification, act nor grant passed in this present parliament in favour of [James Stewart], duke of Lennox, his grace, should be in any sort prejudicial to him in his office of admiralty within the regality of St Andrews, which the said John, lord Lindsay has and holds of the archbishop of St Andrews, but that the said office and whole right thereof shall be expressly reserved out of the said ratification. And thereupon the said John, lord Lindsay, asked instruments.
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Our sovereign lord, with advice and consent of the estates of this present parliament, considering that forasmuch as the late James IV, king of Scots, had granted infeftment under the great seal to the late James [Hamilton], lord Hamilton, great-great-grandfather to his highness's right trusty cousin and councillor James, now marquis of Hamilton, earl of Arran and Cambridge, lord Aven and Innerdale etc., of the lands and earldom of Arran, lying within the sheriffdom of Bute, of the date 11 August 1503, and also his majesty's late dearest father, King James VI, of worthy memory, and our said sovereign lord, then prince and stewart of Scotland, had granted infeftment under their great seals of the date 23 July 1621, in favour of the late James [Hamilton], marquis of Hamilton, earl of Arran and Cambridge etc., father to the said James, now marquis of Hamilton, of the said lands and earldom above-specified, and also, forasmuch as our said sovereign lord's late dearest father had given and granted infeftment under his highness's great seal to the late James [Hamilton], earl of Arran, uncle to the said late James, marquis of Hamilton, and his male heirs contained therein, of all and sundry of the lands and barony of Hamilton and of all and sundry of the lands and barony of Machanshire, lying within the sheriffdom of Lanark, of the date at Hamilton, 24 June 1589, likewise his highness's said late dearest father in the parliament held at Edinburgh upon 4 August 1621, with advice and consent of the estates of the said parliament, not only ratified and approved the foresaid infeftments respectively above-specified, but also with advice and consent of the said estates of parliament dissolved the foresaid lands and earldom of Arran from his majesty's crown and patrimony thereof, and from the principality and from all acts of annexation made by his highness's said late dearest father or his predecessors whereby the said lands and others foresaid or any part thereof were annexed to his majesty's crown or to the principality, to the effect that his majesty might give and convey the same to the said late James, marquis of Hamilton, his male heirs and assignees foresaid heritably. And also his majesty's said late dearest father, according to the said act of parliament and dissolution specified therein, granted infeftment under his highness's great seal, of the date at Royston, 21 October 1622, in favour of the said late James, marquis of Hamilton, of all and whole the said lands and earldom of Arran; and in like manner, our said sovereign lord granted infeftment to the said James, now marquis of Hamilton of the heritable office of justiciary within the whole bounds of the said earldom of Arran, so much thereof as pertains to the said James, now marquis of Hamilton, lying within the said sheriffdom of Bute, and the lands of Saddell in Kintyre, lying within the sheriffdom of Tarbert, with all and sundry privileges, immunities, dignities, liberties, casualties, profits and duties pertaining to the said heritable office of justiciary within the bounds thereof foresaid, particularly expressed in the charter and infeftment made and granted by his majesty under his highness's great seal to Archibald [Campbell], lord Lorne, of the said heritable office of justiciary within the bounds contained therein, of the date 17 April 1628, which infeftment granted by his majesty to the said James, now marquis of Hamilton, of the said heritable office of justiciary within the bounds foresaid, is of the date at Holyroodhouse, 12 June 1629. And now calling to mind the good, true and faithful service done to his majesty and his highness's most noble progenitors by the said James, now marquis of Hamilton and his predecessors, which service his majesty and estates foresaid, having tried and found profitable to his majesty's realm and lieges and worthy of remuneration, therefore his majesty, with advice and consent foresaid, ratifies, approves and perpetually confirms the foresaid whole infeftments respectively above-specified of the said lands, earldom, baronies, justiciary and others therein contained, with the precepts and instruments of sasine respectively following thereupon, and also the foresaid act of parliament, ratification, dissolution and others therein contained, together with the said James, now marquis of Hamilton, his service and retour whereby he is served heir in the said lands, earldom, baronies and others foresaid to the said late James, marquis of Hamilton, his father, precepts and instruments of sasine following thereupon, in all and sundry heads, articles, clauses and conditions therein contained after the forms and tenors thereof, and statutes and ordains this present ratification and confirmation to be as valid, effectual and sufficient in all respects as if the said infeftments respectively above-specified, with the precepts and instruments of sasine following upon the same and acts of parliament respectively above-written, were at length, and word by word, inserted and set down herein, with the which our said sovereign lord and estates foresaid dispense hereby for ever. Moreover, our said sovereign lord, with advice and consent foresaid for the causes above-written, finds, determines, decrees and delivers the foresaid infeftments, rights, titles and securities particularly and generally above-mentioned, and whole grounds of the same, to be good, valid and effectual rights by virtue whereof the said James, now marquis of Hamilton, his male heirs and successors may hold, enjoy and possess the foresaid lands, earldom, baronies, justiciary and others whatsoever contained in the said infeftments and act of parliament above-mentioned peaceably without any question in all time coming, ordaining the clerk register and his deputes to extend an act of parliament hereupon in the appropriate form.
[1633/6/73]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with consent of the three estates of parliament, ratifies and approves the gift and letters patent granted by his majesty under his great seal, with consent of his majesty's treasurer, comptroller and collector principal and depute, and with consent of his majesty's exchequer, in favour of his right trusty cousin and councillor James, marquis of Hamilton, earl of Arran and Cambridge, his heirs and assignees, of all and whole the customs and imposts of wines for the space of 16 years after 1 August 1631, as in the said gift of the date at Whitehall, 25 February 1631 at more length is contained, together with another gift and letters patent under his majesty's great seal granted by his majesty, with consent of the said treasurer and comptroller principal and depute and lords of exchequer, to the said marquis of Hamilton and his foresaids, whereby his majesty has ratified and approved the said former gift of the date, tenor and contents foresaid, and also has of new given, granted and conveyed to the said marquis and his foresaids all and whole the said custom and impost of wines, as well old as new, pertaining and due to his majesty at any time preceding the date of the said gift, and also all and whole that new impost of wine ordained to be uplifted from the merchants of whatsoever wines imported within this kingdom or exported without the same, and due to be paid by the book of rates, and that for the space of 16 years after his entry thereto, which is appointed to be and begin upon 1 August 1631; and also has made and constituted the said marquis and his foresaids undoubted assignees in and to the contract and appointment made between his majesty's right trusty cousin and councillor John [Erskine], earl of Mar, lord Erskine and Garioch etc., his majesty's treasurer, comptroller and collector principal for the time, with advice and consent of the lords of his majesty's exchequer on the one part, and William Dick, merchant burgess of Edinburgh, on the other part, whereby the said impost of wines are set to the said William Dick for the space of five years after his entry, which was upon 1 November 1629, for the yearly payment of the sum of 112,000 merks, and that in so far as the same may be extended to the term of Lammas [1 August] 1631 and of all other terms to run of the said tack, and has given and granted to the said marquis and his foresaids, their servants, factors and deputes, full power, liberty and privilege to exact and uplift the said imposts of wines for the said space of 16 years as freely and amply as his majesty's customs officers or tacksmen thereof were in use to do of before, and has inhibited and discharged all gifts and assignations made of the said imposts of wines to whatsoever person or persons, likewise his majesty has promised in the first word to ratify the said gift in the next parliament, and to dissolve the said impost of wines from his majesty's crown for the said space of 16 years to the effect the said marquis may possess the same during the said space, as in the said gift of the date at Whitehall, 15 March 1631 at more length is contained in the whole heads, clauses, and articles contained in the said two gifts or either of them; and wills and declares that this present ratification is, and shall be, as valid and effectual to the said marquis and his foresaids as if the said gifts were inserted herein word by word, concerning which his majesty and estates dispense for ever. Moreover, forasmuch as his majesty, with consent of the estates, has tried and found and, by this ratification, finds the reasons and causes of granting of the said gifts to the said marquis to have been and to be just and evident reasonable causes, tending to his majesty's honour and public good of the kingdom, therefore his majesty and estates have dissolved, and by this ratification dissolve, the said customs and imposts of wines old and new contained in the said two gifts and either of them from his majesty's crown, and from all acts of annexation whereby the said imposts of wines old and new and others contained in the said gift was annexed to the crown by his majesty or any of his majesty's predecessors of happy memory, to the effect the said marquis and his foresaids may peaceably possess and enjoy the same for the space of 16 years contained in the said gifts and according to the tenor thereof in all points, and also to the effect his majesty may of new gift and convey to the said marquis and his foresaids the said customs and imposts of wine old and new and others mentioned in the said gift with the whole rights, liberties and privileges for uplifting thereof for the said space of 16 years, which was and began at the said feast of Lammas in the year of God 1631. And his majesty and estates foresaid declares all gifts, grants, assignations and dispositions of the said customs and impost of wines and others above-specified made and granted by his majesty or his majesty's treasurer, with consent of the exchequer, to whatsoever person or persons during the said space of 16 years to be null and of no value, force nor effect by way of exception or reply.
[1633/6/74]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of his majesty's three estates of parliament, ordains an act of parliament to be made ratifying, approving and, for his highness and his successors, perpetually confirming, likewise his majesty, with advice and consent foresaid, by the tenor thereof, ratifies, approves and, for his highness and successors, perpetually confirms the charter and appointment made and passed at Oatlands and Holyroodhouse respectively, 18 July and 26 August 1631, between our said sovereign lord, the king's majesty, with advice and consent of his majesty's treasurer principal and depute for the kingdom of Scotland and of the other lords of his majesty's secret council and exchequer of the said kingdom on the one part, and his majesty's right trusty cousin John, earl of Sutherland, lord Strathnaver etc., on the other part, whereby the said John, earl of Sutherland surrendered in his majesty's hands, and in favour of his highness and his successors, to remain perpetually, the heritable offices of sheriffship and crownary of Sutherland, wherein the said John, earl of Sutherland stood infeft, together with the heritable right of regality of Sutherland, wherein also the said earl stood heritably infeft, for the which, his majesty has promised to give to the said John, earl of Sutherland the sum of £1,000 sterling, likewise his majesty, by the said contract, has of new erected the said country of Sutherland in a free sheriffdom and has added thereto the lands and others after following, namely: the countries of Strathnaver, Assynt and Fairintoscar, alias Sleischeles, with the whole bounds, lands, baronies, earldoms, lordships, waters, fishings, mills and others within the bounds limited and mentioned in the said contract, and has erected the said united lands and others foresaid, together with the said country of Sutherland, in a whole, free and distinct sheriffdom by the self to be called in all time coming the sheriffdom of Sutherland, to be governed by the sheriffs and other officers pertaining to the jurisdiction of a sheriffdom in all time coming. And whereby his majesty ordained the town and burgh of Dornoch, lately erected in a free burgh royal, to be the head burgh of the said sheriffdom of Sutherland and to enjoy the whole liberties of a free burgh royal and other liberties and privileges mentioned in the said contract, and whereby his majesty gave power to the free barons and other inhabitants within the said sheriffdom of Sutherland in all time coming to elect and choose their own commissioners for the said sheriffdom to compear at all parliaments, meetings and general conventions within this kingdom at all occasions requisite, and they to have vote therein, likewise and as freely as any other commissioners of any other free sheriffdom within this kingdom, and whereby his majesty to the time the said sum of £1,000 sterling be paid to the said John, earl of Sutherland, his majesty, with consent foresaid, wadset and pledged to the said John, earl of Sutherland, his male heirs and assignees whatsoever, all and whole the right of regality of all and whole the said earldom of Sutherland and offices of sheriffship and crownary of the said sheriffdom of Sutherland within the whole bounds and limits of the same mentioned in the said contract, with all and sundry fees, privileges, jurisdictions, immunities, casualties and duties pertaining and belonging to the said rights and offices of regality, sheriffship and crownary to be held of his majesty and his successors for payment of the blench duty and under reversion by payment of the said sum of £1,000 sterling in manner at length mentioned and contained in the foresaid contract, and also ratified, approved and confirmed the charter, infeftment and sasine following upon the said contract granted to the said John, earl of Sutherland, his male heirs and assignees foresaid thereupon in the whole heads, articles, clauses and circumstances. And his majesty, with advice and consent foresaid of his majesty's three estates of parliament, has of new erected the said country of Sutherland, together with the said united lands and others foresaid, and the countries of Strathnaver, Assynt and Fairintoscar within the whole bounds and limits expressed in the foresaid contract, in a free distinct sheriffdom, and declares the said burgh of Dornoch, which is erected in a free burgh royal as said is, to be the head burgh of the said sheriffdom, and declares the said town and burgh of Dornoch to be a free burgh royal and to possess the whole liberties and privileges of a free burgh royal in all time coming, and wills and declares that the said burgh of Dornoch shall direct their own commissioners with other free burghs to all general conventions and meetings of burghs, and shall be obliged to stent and tax with other free burghs, and to bear proportionable burden with them in all burdens as a free burgh royal in all time coming. And wills and grants, and for his highness and his successors, decrees and ordains this present confirmation to be of as great value, force and effect to the said John, earl of Sutherland, his male heirs and assignees foresaid and others having interest thereto, as if the foresaid contract and charter, infeftment and sasine following thereupon were, word by word, inserted herein, regarding the which and with all defects that may follow thereupon his majesty, with advice and consent foresaid of his highness's three estates of parliament, has dispensed and by this act dispenses for ever. And his majesty, with advice and consent foresaid, ordains this act to be a sufficient warrant to the clerk register for inserting of the said act of ratification of the foresaid writs, rights and securities and privileges contained therein with the rest of the acts of parliament to be made and set down in this next parliament to be held within the kingdom of Scotland.
[1633/6/75]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament have ratified and approved and confirmed and, by the tenor hereof, ratify, approve and confirm the charters and infeftments respectively underwritten, with the precepts and instruments of sasine respectively following thereupon, namely: a charter and infeftment made and granted by his majesty's late dearest father, King James of happy and blessed memory, under the great seal to his highness's trusty cousin and councillor the late George [Keith], earl Marischal, lord Keith etc., his male heirs and assignees therein specified, of all and whole the lands, lordship and barony of Inverugie, comprehending the lands, baronies, office of marischalry and other offices, castles, towers, fortalices, mills, woods, fishings, parks, forests, tenants, tenancies and service of free tenants and others respectively, particularly and generally expressed and set down in the said charter, and united, annexed, created and incorporated in the said lordship and barony, all lying by annexation within the sheriffdom of Banff, and also of all and whole the lands, lordship and barony of Dunnottar, comprehending therein the lands, baronies, offices, castles, towers, fortalices, mills, woods, fishings and others respectively, particularly and generally expressed and set down in the same charter, all lying by annexation within the sheriffdom of Kincardine, which charter is of the date 5 August 1587, with the precept and instrument of sasine following thereupon. Item, another charter and infeftment made and granted by his majesty's said late dearest father under his highness's great seal to the said late George, earl Marischal, lord Keith etc., in liferent during all the days of his lifetime, and to his highness's trusty cousin and councillor William, now earl Marischal, lord Keith and Altrie etc., designed therein William Keith, eldest lawful son to the said late George, earl Marischal, and to his male heirs and of tailzie and assignees therein specified in fee heritably, of all and sundry the said lands, lordships and baronies of Inverugie and Dunnottar, comprehending the lands, baronies, offices, castles, towers, fortalices and others particularly and generally expressed and set down in the said charter, which is of the date 26 September 1592, with the precept and instrument of sasine following thereupon. Item, a charter and infeftment made and granted by his majesty's said late dearest father under the great seal to his majesty's said trusty cousin and councillor William, now earl Marischal, designed therein William, lord Keith, master of Marischal, his male heirs and of tailzie and assignees therein specified, of all and sundry the said lands, lordships and baronies of Inverugie and Dunnottar, comprehending the lands, baronies and others expressed and set down in the said charter, which is of the date 21 October 1612, with the precepts and instruments of sasine following thereupon. And with an act made by our sovereign lord, with advice of his majesty's secret council between William [Hay], earl of Erroll, high constable of this kingdom on the one part, and the said William, earl Marischal, on the other part, regarding the privileges, liberties and extent of their offices respectively in guarding of the parliament house during the sitting of the parliament in manner specified in the said act, which is of the date 17 June 1633, in the whole heads, articles, clauses, circumstances and conditions thereof, and wills, grants and declares that this present general ratification and approbation of the said three charters, precepts, instruments of sasine and act respectively is and shall be as valid, effectual and sufficient to the said William, earl Marischal, his male heirs and of tailzie and assignees therein specified, as if the same three charters, infeftments, precepts and instruments of sasine following thereupon and act respectively and every one of them were at length word by word engrossed and set down herein; concerning which, his majesty and estates foresaid have dispensed and by this act dispense forever.
[1633/6/76]*[print] [email] [cite] [preceding] [following]
The same day compeared a reverend father in God John [Guthrie], bishop of Moray, and protested that the foresaid ratification granted in favour of the said [William Keith], earl Marischal shall in no way be prejudicial to him nor his successors regarding the right of patronage of the kirk of [...]. And thereupon the said John, bishop of Moray asked instruments.
[1633/6/77]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament now presently convened, ratifies and approves and, for his highness and his successors, perpetually confirms the decreet of reduction and declarator after-mentioned and contained therein, given and pronounced by the lords of council and session upon 25 July 1528, at the instance of the late Dame Mary Douglas, countess of Buchan, heir immediately by progress to the late James [Stewart], earl of Buchan, lord Auchterhouse, her great-great-grandfather's grandfather, and at the instance of his highness's right trusty cousin James, earl of Buchan, lord Auchterhouse, her spouse, who is heritably infeft in the earldom of Buchan, whole lands, lordships and baronies pertaining thereto, with the honours, dignities, titles and privileges of the same upon the resignation of the said late Dame Mary Douglas, countess of Buchan, his spouse, against Alexander [Montgomery], earl of Eglinton, lord Montgomery, James [Graham], earl of Montrose, lord Graham of Mugdock, John [Kennedy], earl of Cassilis, lord Kennedy, George [Sinclair], earl of Caithness, lord Sinclair, William [Sinclair], lord Sinclair of Berriedale, his eldest son and apparent heir, the late James [Cunningham], earl of Glencairn, lord Kilmaurs, and William [Cunningham], lord Kilmaurs, his eldest son and apparent heir, whereby the said lords of council and session, for the causes contained in the said decreet, have reduced, retreated and rescinded the pretended decreet given and pronounced by his majesty's late dearest father, King James VI of worthy and eternal memory, his commissioners for the time, regarding the placing and ranking of the nobility of this his highness's kingdom of the date 5 March 1606, by the which the said Alexander, earl of Eglinton, James, earl of Montrose, John, earl of Cassilis, George, earl of Caithness, William, lord Sinclair of Berriedale, his son, the late James, earl of Glencairn, and William, lord Kilmaurs, his son, and their predecessors have allotted to them the precedency and priority in place and dignity before the said late Dame Mary Douglas, countess of Buchan, and his highness's said right trusty cousin James, earl of Buchan, her spouse, together with all and whatsoever charters, infeftments, writs, evidents, creation of dignities and other testimonies and documents whatsoever made and granted by our said sovereign lord or his highness's predecessors kings and queens of Scotland to the foresaid persons above-named, their fathers, grandfathers, great-grandfathers, great-great-grandfathers or any other of their predecessors of the father or mother side, to whom they have succeeded or may succeed by right of blood, or conceived or introduced in their favour, whereby they or any of them claims or may claim the place, priority and precedency of rank or dignity before his highness's said right trusty cousin James, earl of Buchan and the said late Dame Mary Douglas, countess of Buchan, his spouse, of whatsoever date, tenor or contents the same be of; and has determined and declared the same to have been from the beginning, to be now and in all time coming null and of no value, force nor effect with all that has followed or may follow thereupon, in so far as the same or any of them may prejudice his highness's said right trusty cousin James, earl of Buchan and the said late Dame Mary Douglas, countess of Buchan, his spouse, in their right title and dignity of the said earldom of Buchan. And whereby the said lords have found and declared that notwithstanding thereof the said late Dame Mary Douglas, countess of Buchan, and his highness's said right trusty cousin James, earl of Buchan, her spouse, and their successors in the earldom of Buchan had, and have, good right to the place, priority and precedency in parliaments, general councils and other meetings and conventions whatsoever before the said Alexander, earl of Eglinton, James, earl of Montrose, John, earl of Cassilis, George, earl of Caithness, William, lord Sinclair of Berriedale, his son, the late James, earl of Glencairn, and William, lord Kilmaurs, his son, their heirs and successors, as the said decreet of reduction and declarator of precedency above-specified therein contained of the date foresaid at more length bears in all and sundry the heads, points, clauses, articles, circumstances and conditions contained therein, and after the form and tenor thereof in all points, likewise our said sovereign lord, with advice and consent of the said estates of this present parliament, wills and grants, and for his highness and his successors perpetually decrees and ordains that this present ratification of the said decreet of reduction and declarator of precedency is and shall be as valid, sufficient and effectual to his highness's said right trusty cousin James, earl of Buchan and his heirs and successors in the said earldom of Buchan as if the same decreet had been herein at length word for word, specially and particularly, inserted and contained; concerning which, our said sovereign lord, with advice and consent foresaid, for his highness and his successors, has dispensed and by this ratification dispenses for ever.
[1633/6/78]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament now presently convened, ratifies and approves and, for his highness and his successors, perpetually confirms the charter and infeftment granted by his majesty, with consent of his highness's principal treasurer, collector and comptroller of this kingdom of Scotland and of his majesty's treasurer depute in the said offices for the time and of the other lords, his highness's commissioners of the said kingdom, under his majesty's great seal, to his highness's right trusty cousin James, earl of Buchan, lord Auchterhouse, and the late Dame Mary Douglas, countess of Buchan, his spouse, and to the longest liver of the two, in liferent for all the days of their lifetimes, and to his highness's trusty cousin James [Erskine], lord Auchterhouse, their lawful son, in fee, and to his male heirs lawfully to be procreated of his body, which failing, to return to his highness's said right trusty cousin James, earl of Buchan and the male heirs then lawfully procreated, or to have been procreated, between him and the said late Dame Mary Douglas, countess of Buchan, his spouse, which also failing, to the nearest and lawful male heirs and assignees whatsoever of the said James, earl of Buchan heritably under the special conditions and with the particular reservations, restrictions and provisions respectively mentioned in the said charter, of all and whole the lands and earldom of Buchan, with the whole honours, dignities, titles and privileges pertaining thereto, comprehending also in the same the particular lordships, baronies, annualrents and others respectively and specially after-mentioned which are all proper parts and pendicles of the said earldom of Buchan, namely: all and sundry the lands and earldom of Buchan, with castles, towers, fortalices, woods, mills, multures, fishings, tenants, tenancies, service of free tenants, advocations and donations of kirks, benefices and chaplainries, and all their parts, pendicles and pertinents whatsoever; all and whole the lands and barony of the thanedom of Glendowachy, with woods, mills, multures, fishings, towers, fortalices, manor places, tenants, tenancies and service of free tenants of the same, and all their parts, pendicles and pertinents; all and whole the castle of Banff with the hill and yards of the same, together with the office of crownary within the sheriffdom of Banff, salmon fishings upon the water of Deveron called the Thane's Net, with the assize, lax and salmon fishings in the sea called the Craigschott beside Doune, with all and sundry other salmon fishings, as well in salt as fresh water, upon the said River Deveron, and through all the parts on both the sides of the same, with power and liberty of building and upholding of shelters and of drawing, spreading and drying of nets on every side of the said water, as also of taking of fishes, as well salmon as other fishes, at all times and occasions, by nets, boats and by all other instruments and engines not prohibited nor forbidden by the laws and practice of this realm; all and whole the lands and barony of Mountblairy, with towers, fortalices, woods, mills, mill lands, multures, fishings, tenants, tenancies, service of free tenants, salmon fishings of the same and all their privileges in the said River Deveron; all and whole the lands of Ryland, with mill, mill lands, multures and pertinents of the same; the lands of Culbirnie and Inchdrewer; the lands of Tullochs, with the mill, mill lands, multures and crofts of the same, with the pendicles of the said lands called Ovirtulloche, Haggieshall and Scheardly, with all others, their parts and pendicles as well not named as named; all and whole the lands of Todlaw with the pertinents and salmon fishings of the same; all and whole the lands of Whitefield with the pertinents; all and whole the town and lands of Boig, Smeddietown, Bredmyre, with the salmon fishings of the same in the said River Deveron and their pertinents; all and whole the lands of Blackton, Hairwodhill, Over Deuchries and Petgaries with all their parts, pendicles and pertinents; all and whole the town and lands of Scotstown, Nether Deuchries and Brumesyde with all their parts, pendicles and pertinents; all and whole the lands of Auchinbadie with the mill, mill lands, multures, salmon fishings and pertinents of the same; all and whole the lands of Staneley, Balgray and Knoknie with the pertinents; all and whole the lands of Fortree and Glenhouses with the mill, mill lands, multures and pertinents of the same; all and whole the lands of Minnonie and Draidland with the mill, mill lands, multures and pertinents of the same; all and whole the lands of Kinbeam with the pertinents; all and whole the town and lands of Auchmedden, Glencuthill, Lemnas and Tollie with the mill, mill lands, multures, sequels and two fishing boats, and all privileges and pertinents of the same; all and whole the lands of Pitnacalder and Inchbrek with the pertinents; all and whole the town and lands of Little Byth, Claverie Faulds and Little Balmakelly, with tofts, crofts, outsets and their pertinents; all and whole the lands of Melrose with the mill of the same, mill lands, multures, fishings, parts, pendicles and pertinents thereof; all and whole the town and lands of Collane and Silverford, with the mill, mill lands, multures, fishings, liberties, privileges, parts, pendicles and pertinents of the same whatsoever; all and whole the town and lands of Jackston, Hungryhills, Montbletton, Bruntyards, Meikle and [...] Dyehill, Myrehous, Auldailhous and Bairnehill with all their tofts, crofts, outsets, mills, multures, fishings, parts, pendicles and pertinents of the same; all and whole the lands of Gellyhill with the mill called Gellymill, mill lands, multures and sequels of the same; the lands of Tarlair and Gellymuir, with all their tofts, crofts, parts, pendicles and pertinents of the same; all and whole the town and lands of Doune with all tenements, houses, yards, buildings, acres, particats and crofts of the same within the territory and limits thereof with all their liberties and privileges and with all fishings, as well salmon as white fishings, and all fishing boats within the town of Doune as well being within the same as which shall happen to be within the same in any time coming, with all customs and privileges thereof; and with all mills, mill lands, multures, annexes, connexes, tofts, crofts, outsets, sands, cuningars, parts, pendicles and pertinents whatsoever; all and whole the lands of Newton of Mountblairy, mill of the same, mill lands, multures, sequels, tofts, crofts, outsets, parts, pendicles and all their pertinents; all and whole the lands and barony of Glencuthill with the tower, fortalice, manor place, wood, mills, multures, fishings, tenants, tenancies and service of free tenants, parts, pendicles and pertinents of the same whatsoever; all and whole the lands of Balmakelly, lands of Fetterletter and Lethenty, lands of Saltcoittes, lands of Goveny, Inchbrek, Little Methlick, with the corn and waulk mills of the same, mill lands, multures, sequels, annexes, connexes, tofts, crofts, parts, pendicles and pertinents of the same; all and whole the lands of Balmedie with the hill called Erlishilloch and lands of Carnetralyeane with the mill of the same, mill lands, multures, sequels, tofts, crofts, parts, pendicles and all their pertinents; all and whole the lands of Bildistoun with the salmon fishings of the same in the Water of Dowe and all their parts, pendicles and pertinents; all and whole the lands of Allachin and Nether Ardmor, with the mill, mill lands, multures, annexes, connexes, tofts, crofts, outsets, parts, pendicles and all their pertinents; all and whole the lands and barony of Grandoun with the tower, fortalice, woods, fishings, mills, annexes, connexes, tenants, tenancies and service of free tenants, parts, pendicles and pertinents of the same whatsoever; all and whole the lands of Presley with the waulk mill of the same and their pertinents; all and whole the lands of Auchmullen and Crabistoun with the pertinents; all and whole the lands and barony of Cancress commonly called Sincress within the parish of King Edward with all and sundry manor places, towers, fortalices, mills, multures, woods, fishings, tofts, crofts, outsets, annexes, connexes, tenants, tenancies and service of free tenants, parts, pendicles and pertinents of the same whatsoever; all and whole the lands of Glasgoforest and Glasgoego, with the woods, mills, multures, fishings, tenants, tenancies, service of free tenants, parts, pendicles and pertinents of the same; all and whole a yearly annualrent of £3 Scots money yearly to be uplifted and taken at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter by equal portions out of all and whole the lands of Kintore with the pertinents; all and whole the lands and barony of Auchterhouse, with castles, manor places, towers, fortalices, mills, multures, woods, fishings, tenants, tenancies and service of free tenants, parts, pendicles and pertinents, with the pendicles thereof respectively following, namely: Halton of Auchterhouse Loch, lands of Eastfield, lands of Cotton, mill of Auchterhouse, lands of Burn, head mains of Auchterhouse, lands of Bonnyton, with all their houses, buildings, tofts, crofts and pertinents which are proper parts and pendicles of the lands and barony of Auchterhouse, and with all and sundry annexes, connexes, parts, pendicles and pertinents of the said barony as well not named as named; all and whole the lands of Wester Keith with the manor place, houses, buildings, mills, multures, woods, fishings, annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles and pertinents of the same; all and whole the lands and barony of Eassie, with the manor place, tower, fortalice, mills, multures, woods, fishings, annexes, connexes, tenants, tenancies, service of free tenants and pertinents of the same whatsoever, with the lands of Glen Quharity and Halkerton, lands of Castleton, Ingliston, Dearlands and brewlands of Eassie, lands of Baldewgo and new mill of Eassie, which are all proper parts and pendicles of the said lands and barony of Eassie, and with all and sundry other annexes, connexes, parts, pendicles and pertinents of the said lands and barony as well not named as named; all and whole the lands and barony of Nevay with the manor place, tower, fortalice, mills, multures, woods, fishings and all other lands as well upon the south as north parts of the burn of Nevay, with all and sundry tofts, crofts, outsets, annexes, connexes, tenants, tenancies, service of free tenants, parts and pendicles of the said barony of Nevay whatsoever; all and whole the lands and barony of Kettins and Petdownie and lands called the Brodie Lands and Easter Kettins with the pertinents which are proper parts and pendicles of the said lands of Kettins and Petdownie, with the mills, multures, woods, fishings, annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles and pertinents of the same whatsoever and with all and sundry annexes, connexes, parts, pendicles and pertinents of the said lands of Kettins and Petdownie as well not named as named; all and sundry the lands and barony of Kinalty with the manor place, tower and fortalice of the same, and with the manor place of Queich, houses, buildings, tofts, crofts, mills, multures, woods, fishings, annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles and pertinents of the same whatsoever, and with the pendicles of the same respectively following, namely: the lands of Nether Kinalty, mill of Kinalty, mill lands and multures of the same lands of Cossakes, Shirresbank, Auchleish, Tursauch, with the salmon fishings and cuningars of the same lands of Torrie lands and Inchewan and lands of Sheinhill with all their houses, buildings, tofts, crofts, outsets and pertinents, which are proper parts and pendicles of the said lands and barony of Kinalty, and all and sundry other annexes, connexes, parts and pendicles of the said barony as well not named as named, all lying within the sheriffdoms of Aberdeen, Banff and Forfar respectively, with the burgh of barony of Doune and all liberties and privileges pertaining thereto, and with the whole houses, buildings, acres, lands infield and outfield and all their pertinents, with all and sundry annualrents wherein his highness's right trusty cousin and councillor John [Erskine], earl of Mar and Mary [Stewart], countess of Mar, his spouse, (upon whose resignation the said charter and infeftment proceeds) stands infeft and seised, to be lifted and taken up out of the said earldom, lordship, baronies, lands and others above-expressed, and with all and sundry castles, towers, fortalices, manor places, houses, buildings, orchards, yards, dovecots, stanks, lochs, meadows, muirs, mosses, woods, forests, parks, fishings, mills, mill lands, multures, tenants, tenancies, service of free tenants, parts and pendicles of the forenamed whole lands, earldom, lordships, baronies and others respectively above-expressed lying respectively as said is; and in like manner of all and whole the advocation, donation and right of patronage of the kirk and parish of Auchterhouse, as well parsonage as vicarage of the same, with all profits pertaining thereto lying within the sheriffdom of Forfar, together with the new gift and disposition contained in the said infeftment, whereby our said sovereign lord has of new given, granted and conveyed to his highness's right trusty cousin James, earl of Buchan and to the said late Dame Mary Douglas, countess of Buchan, his spouse, and to the longest liver of them two in liferent during all the days of their lifetimes, and to his highness's said trusty cousin James, lord Auchterhouse, their son, and the male heirs lawfully to be procreated of his own body, in fee, which failing, to return to his highness's said right trusty cousin James, earl of Buchan, his male heirs and assignees foresaid under the special conditions and with the restrictions, reservations and provisions respectively at length mentioned and contained in the said charter; all and whole the lands and patrimony of the said earldom of Buchan above-mentioned, comprehending in the same the forenamed whole lordships, baronies, lands, castles, towers, fortalices, manor places, office of crownary, burgh of barony, mills, mill lands, multures, woods, fishings and others respectively and particularly above-written, all lying as said is, together with the said advocation, donation and right of patronage of the said kirk and parish of Auchterhouse, as well parsonage as vicarage of the same, with all profits and commodities belonging thereto, with all right, title, interest, claim of right, property and possession, which his highness, his predecessors or successors had has or in any way may have or claim, to the said lands and earldom of Buchan, lordships, lands, baronies and others respectively and particularly above-expressed; or to any piece, pendicle or portion of the same, or to the mails, ferms, kanes, customs, casualties, profits and duties of the same of whatsoever years or terms bygone or to come, by reason of ward, relief, non-entry, escheat, forfeiture, recognition, purpresture, disclamation, bastardy, liferent apprising, reduction of infeftments, sasines and retours or annulling of the same; or for whatsoever other cause, fact, deed or occasion bygone preceding the date of the said charter, whereby his highness has renounced and given over the same, with all action, instance and execution thereof, in favour of his highness's said right trusty cousin James, earl of Buchan and of the said James, lord Auchterhouse, his son, and their foresaids for ever with an agreement not to petition, and with supplement of all faults, defects, objections and imperfections whatsoever as well not named as named which his highness has held as for expressed in the said charter, together also with the new erection contained in the said charter and infeftment, whereby our said sovereign lord has of new united, erected, created, annexed and incorporated all and sundry of the foresaid lands of the patrimony of the said earldom of Buchan, with the whole particular lordships, baronies, lands, castles, towers, fortalices, manor places, office of crownary, mills, mill lands, multures, woods, fishings, and others respectively and particularly above-mentioned, with their whole pertinents in a whole and free earldom, with the whole honours, titles, dignities, pre-eminences, privileges, profits and casualties whatsoever to be called now and in all time coming the earldom of Buchan; to the which earldom there is united by the said infeftment the said advocation, donation and right of patronage of the said kirk and parish of Auchterhouse, parsonage and vicarage thereof, ordaining by the said infeftment the said castle of Banff to be the principal messuage of the said earldom with a dispensation contained therein for taking of sasine at the said castle of Banff, and that sasine taken and to be taken thereat in all time coming shall be a sufficient sasine for the said whole earldom of Buchan and for the whole particular lands, lordships, baronies, castles, towers, fortalices, mills, woods, fishings, annualrents and others respectively and particularly above-mentioned, and that notwithstanding the same lie in diverse sheriffdoms and parishes far distant from others, concerning which and with all others defects and objections which may be proposed or alleged in the contrary, our said sovereign lord for his highness and his successors by the said infeftment has dispensed for ever, all to be held of our said sovereign lord and his highness's successors in fee and heritage for ever for service of ward and relief as in the said charter and infeftment of the date at Edinburgh, 25 November 1625, at more length is contained, together likewise with the precept of sasine directed forth of his highness's chancellery under his majesty's quarter seal upon the said charter and infeftment of the date the said 25 November 1625, together with the instrument of sasine following thereupon of the date the [...] day of [...], 162[...], in all and sundry the heads, points, clauses, articles, circumstances and conditions of the said charter and infeftment, precept and instrument of sasine following thereupon and after the forms and tenors thereof in all points under the special conditions and with the particular reservations, restrictions and provisions respectively at length mentioned and contained in the said charter and infeftment only, and no otherwise. Likewise our said sovereign lord, with advice and consent of the said estates of this present parliament, wills and grants, and for his highness and his successors perpetually decrees and ordains that this present ratification is, and shall be, as valid, sufficient and effectual to his highness's said right trusty cousin James, earl of Buchan and to his highness's said trusty cousin James, lord Auchterhouse, his son, and their foresaids, as if the said charter and infeftment with the said precept of sasine and instrument of sasine following thereupon were herein at length word for word specially and particularly inserted and contained; concerning which, our said sovereign lord, with advice and consent foresaid, for his highness and his successors, has dispensed and by this ratification dispenses for ever.
[1633/6/79]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this realm convened together in parliament, has ratified and approved and, by this act, ratifies and approves a charter made and granted by his majesty's late dearest father of eternal memory to and in favour of his highness's right trusty cousin and councillor Alexander, earl of Galloway, lord Stewart of Garlies, of the date 17 July 1523, of all and sundry of the lands and barony of Corswell, with castle, tower, fortalice, manor place, houses, buildings, yards, orchards, mills, multures, woods, fishings, tenants, tenancies, service of free tenants, whole parts, pendicles and pertinents of the same lying within the parish of Kirkcolm, parsonage and vicarage thereof, with liberty of free burgh of barony called the burgh of Stewarton, liberties and privileges thereof, united and annexed to the said barony, and with liberty to the heirs of the said earl to enter to the said lands, barony and others contained in the said charter the time of their minority, as in the said charter at more length is contained, together with the precept and instrument of sasine following thereupon and whole rights whereupon the same proceeded, together also with another charter made and granted by his majesty's said late dearest father to, and in favour of, the said earl of Galloway, designed therein Alexander, lord Stewart of Garlies, his male heirs and assignees whatsoever, of all and whole the lands of Grennan, extending to a twenty one merk land of old extent, with manor place, houses, buildings, yards, orchards, mills, mill lands, multures and sequels thereof, with tenants, tenancies, service of free tenants, annexes, connexes, parts, pendicles and pertinents thereof whatsoever, lying within the parish of Dalry and stewartry of Kirkcudbright, as in the said charter of the date 28 July 1514 at length is contained, together with the precept and instrument of sasine following thereupon and whole rights whereupon the same proceeded in the whole heads, articles, clauses, circumstances and conditions thereof, of the same two separate charters and rights of the same. And our said sovereign lord, with advice and consent of the estates of this realm, decrees and ordains that the said infeftments and rights of the lands barony and others above-written granted to the said Alexander, earl of Galloway in manner foresaid are and shall be in all time coming sufficient rights, grounds and titles whereby he and his said male heirs and assignees shall hold, enjoy and possess the same in all time coming, and declares this present confirmation and ratification of the said infeftments to be as good, valid and effectual as if the same had been all at length inserted in this present ratification. And his majesty, with consent foresaid, dispenses hereby therewith forever and ordains this ratification to be a sufficient warrant for making of an act in the said parliament according to the order used in the like.
[1633/6/80]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this realm convened together in parliament, has ratified and approved and by this act ratifies and approves a charter made and granted by his majesty to and in favour of his highness's trusty cousin Alexander, lord Garlies, of the date 26 March 1531, of all and whole the lands of Burrowmoss, Culquhirk, Braidfield, Clauchrie, Kirvennie, Gallowhill and meadow, called Phillip Meadow, with mills, woods, fishings, multures and sequels thereof and fishings in the flood of Bladnoch and pertinents of the same, lying within the parish and sheriffdom of Wigtown, together with the precept and instrument of sasine following thereupon and whole rights whereupon the same proceeded in the whole heads, articles, clauses, circumstances and conditions thereof. And our said sovereign lord, with advice and consent of the estates of this realm, decrees and ordains that the said infeftment and rights whereupon the same proceeded of the lands, mills, woods, fishings and others above-written, granted to the said Alexander, lord Garlies in manner foresaid are, and shall be in all time coming, sufficient rights and grounds and titles whereby he and his said male heirs and assignees whatsoever shall hold, enjoy and possess the same in all time coming, and declares this present confirmation and ratification of the said infeftment to be as good, valid and effectual as if the same had been at length inserted in this present ratification. And his majesty, with consent foresaid, dispenses hereby therewith for ever, and ordains this ratification to be a sufficient warrant for making of an act in the said parliament according to the order used in the like.
[1633/6/81]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, by this act ratifies and approves a charter made and granted by his highness under the great seal of the date at Oatlands, 13 July 1625, to and in favour of John, earl of Annandale etc., his male heirs and of tailzie therein specified of the earldom, lordship and barony of Annandale, comprehending all and sundry the lands, baronies, offices, teinds, patronages and others particularly and generally mentioned in the said charter, together also with the precept and instrument of sasine following thereupon in all and sundry points, articles and clauses therein contained after the forms and tenors thereof, and declares, statutes and ordains this present ratification thereof to be as sufficient, valid and lawful in all respects as if the said charter, precept and instrument of sasine following thereupon were at length, and word by word, inserted and engrossed herein, dispensing hereby with the not inserting thereof. And likewise his majesty, with advice and consent foresaid, by this act dissolves the whole lands and others specified in the said charter which are of his majesty's property from his majesty's crown and patrimony thereof, to the effect that the same may be of new conveyed to the said earl of Annandale and his foresaids to be held of his majesty and his successors for payment of the feu duties contained in the said charter. And likewise his majesty, with consent foresaid, finds, declares, statutes and ordains that the said charter and the precept and instrument of sasine following thereupon and this present ratification thereof are, and shall be, sufficient and valid lawful rights and securities to the said earl of Annandale and his above-specified for the peaceable possessing and enjoying in all time coming of the said earldom, lordship and barony of Annandale, comprehending the whole lands, baronies, offices, teinds, patronages and others particularly and generally mentioned in the said charter, ordaining this act to be a sufficient warrant to the clerk register and his deputes for extending of an act of parliament hereupon in due form.
[1633/6/82]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, by this act ratifies and approves the letter of gift made and granted by his majesty under the privy seal of the date at Hampton Court, 2 October 1630, whereby his majesty gave, granted and conveyed to his highness's right trusty cousin and councillor John, earl of Annandale, viscount of Annan, lord Murray of Lochmaben, during all the days of his lifetime, and to James [Murray], lord Annan, his eldest lawful son, and to either of them successively during all the days of their lifetimes, the keeping of the hills and lomonds of Falkland, with the muir called the New Park adjacent thereto within the whole bounds, meiths and marches thereof, mentioned in the said letters of gift, together with the whole parts, pendicles and pertinents of the said hills and muirs lying within the sheriffdom of Fife, with the privileges and liberties therein mentioned in all and sundry points, heads, articles and clauses contained therein after the form and tenors thereof, and declares, statutes and ordains this present ratification thereof is, and shall be, as valid and lawful in all respects as if the same were at length inserted herein, dispensing hereby with the not inserting thereof. And also finds, declares, statutes and ordains that the said letters of gift and this present ratification thereof are, and shall be, sufficient right and security to the said Earl of Annandale and his said son, the longest liver of them two, for the peaceable possessing and enjoying of the foresaid office, with the privileges and liberties thereof mentioned in the said letters of gift during the space above-expressed.
[1633/6/83]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this realm convened together in parliament, ordains an act of ratification to be made in this present parliament in favour of the right reverend father in God, his majesty's trusty and well-beloved councillor Patrick, archbishop of Glasgow, ratifying and approving, and for his majesty and his successors perpetually confirming, likewise his majesty by this act and tenor of the said act ratifies and approves, and for his majesty and his successors, with advice and consent foresaid, perpetually confirms the provision and gift granted under his majesty's great seal of the date at Whitehall, 16 April 1633, in favour of the said reverend father, whereby he is translated from the seat of the bishopric of Ross to the see of the archbishopric of Glasgow, and has given, granted and conveyed to him during all the days of his lifetime the said archbishopric of Glasgow and whole benefice thereof, with all and sundry lands, lordships, baronies, castles, towers, fortalices, manor houses, buildings, yards, orchards, mills, multures, woods, fishings, kirks, teind sheaves and other teinds, feu ferms and other ferms, kanes, customs, casualties, superiorities, tenants, tenancies, service of free tenants, advocations, donations and rights of patronages, kirks, benefices and chaplainries, fruits, rents, emoluments, profits and duties whatsoever pertaining to the said archbishopric, with privilege of free regality, free chaplainry and chancellery within the whole bounds of the said archbishopric, with all privileges, liberties, dignities and immunities whatsoever pertaining and belonging thereto, which the late James [Law], archbishop of Glasgow, or any of his predecessors in any time bygone from the first foundation thereof possessed or enjoyed or might have possessed and enjoyed or annexed thereto or which may be found or known to pertain to the said archbishopric in time coming, and chiefly with advocation, donation of kirks, parsonage and vicarage of Ancrum, Askirk, Stobo and Eddiston, which are kirks and lands pertaining to the said archbishopric, and with advocation and donation of kirks, parsonage and vicarage of Kilbride and Torrance, with all fruits, rents, emoluments, profits and duties whatsoever pertaining and belonging to the said archbishopric, with all privileges, liberties, commodities and immunities whatsoever pertaining and belonging thereto, with all and whole the foresaid parsonage and vicarage of the said parish kirk and parish of Glasgow, with all and sundry mansions, houses, buildings, yards, teind sheaves and other teinds, as well great as small, fruits, rents, casualties, profits, emoluments and duties whatsoever pertaining and belonging thereto wherever they lie within this realm, as in the said gift and provision at length is contained [...], with all decreets and sentences following thereupon in the whole heads, articles, clauses, circumstances and conditions of the same, admitted this present ratification to be as valid as if the said gift and provision and decreets following thereupon were particularly inserted herein, with the not inserting whereof his majesty, with advice and consent foresaid, dispenses hereby, and decrees and declares that the said gift and provision and others above-written are and shall be sufficient grounds, rights and titles, whereby the said right reverend father during all the days of his lifetime may possess and enjoy the said archbishopric with all teinds, fruits, rents, dignities and others belonging thereto in all time coming, and ordains this act to be a sufficient warrant for making of an act in the said parliament in favour of the said right reverend father in manner above-written.
[1633/6/84]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this realm convened in parliament, ordains an act to be made in this present parliament, making mention that forasmuch as his majesty's late dearest father of renowned memory in his parliament held at Edinburgh, 28 June 1617, with advice of the estates then convened, dissolved from the crown all and whole the abbacy of Fearn, with all and sundry lands, lordships, woods, mills, multures, fishings, as well superiority as property thereof, advocation, donation and right of patronage of kirks, chaplainries and altarages, and with all and sundry feu ferms, fruits, rents, kanes, customs and other duties of the said abbacy of Fearn wheresoever they lie; and to that effect retreated, annulled and abrogated the act of annexation of the temporality of benefices to the crown, made in the year of God 1587, in so far as may be extended or comprehend the said abbacy of Fearn, fruits and rents thereof. Likewise his majesty, with consent foresaid, of new united, annexed and incorporated all and whole the said abbacy and monastery of Fearn, house and precinct thereof, with all lands, lordships, mills, multures, fishings, as well superiority as property thereof, teinds, teind sheaves, advocation, donation and right of patronage of kirks, chaplainries, prebendaries and altarages with all feu ferms, annualrents, anniversaries, fruits, rents, kanes, customs and other duties pertaining thereto, declaring the name and memory thereof to be utterly extinguished and to be united and incorporated in and with the bishopric of Ross, to remain as a part of the patrimony thereof as the rest of the patrimony of the said bishopric without any other special denomination, to the effect that Patrick [Lindsay], then bishop of Ross and his successors may peaceably possess the said abbacy as being a proper part of the said bishopric, likewise his majesty ratified the several gifts mentioned in the said act; and his majesty calling to mind that by his highness's letters of gift and provision granted under the great seal of the date the [...] day of [...] last, his majesty had given, granted and conveyed during all the days of the lifetime of a reverend father in God, John, now bishop of Ross, the said bishopric of Ross and abbacy of Fearn annexed thereto with all and sundry lands, lordships, woods, mills, multures, fishings, as well spirituality as temporality, property as superiority, advocation, donation and right of patronage of kirks, chaplainries, prebendaries and altarages, feu ferms, annualrents, kanes, customs and duties pertaining to the said abbacy, to remain with the said reverend father John, bishop of Ross, and with the bishopric thereof as a part of the patrimony of the same in all time coming, as the said act and provision made to the said reverend father at length bears. Therefore his majesty, with advice of the said estates, ordains an act to be made in this present parliament ratifying and approving, likewise his highness, with consent foresaid, by this act and tenor of the said act ratifies and approves in favour of the said reverend father John, bishop of Ross and his successive bishops of Ross, the said act of dissolution, abrogation, new union and incorporation of the said abbacy of Fearn, spirituality and temporality, property and superiority thereof, to the said bishopric of Ross, with all and sundry former acts, gifts, provisions and rights made and granted of the same either in favour of the said Patrick, sometime bishop of Ross, the late David [Lindsay], bishop of Ross or any other of their predecessors, together with the said gift and provision made and granted in favour of the said John, now bishop of Ross of the said abbacy of Fearn, property and superiority thereof, spirituality and temporality of the same, and all that has followed or may follow thereupon. And his majesty and estates foresaid decree and declare that the several acts of dissolution, abrogation, new union and incorporation and other former and posterior gifts and ratifications made and granted of the said abbacy are and shall be sufficient grounds, rights and titles whereby the said John, now bishop of Ross and his successive bishops thereof may hold, enjoy and possess the said abbacy or monastery of Fearn, with all and sundry lands, lordships, mills, multures, fishings, as well spirituality as temporality thereof, as well property as superiority of the same, advocation, donation and right of patronage of kirks, chaplainries, prebendaries and altarages, feu ferms, fruits, rents, kanes, customs and duties of the said abbacy, to remain and abide inseparably in all time coming with the said John, bishop of Ross and his successive bishops of Ross, and with the benefice and bishopric thereof united and annexed thereto, likewise and in the same manner as if the same had never been annexed to the crown or as if the same had been specially excepted and reserved out of the said annexation, and as if the said abbacy, spirituality and temporality thereof, had been properly a part of the said bishopric at the time of the foundation and erection thereof, and as if the same had never been a separate or distinct benefice by itself, to the which his majesty and estates foresaid by this act fully consent and agree and ordain this act to be sufficient warrant for making an act in the said parliament.
[1633/6/85]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, by this act ratifies and approves the gift made by his majesty's late dearest father under the great seal of the date at Belvoir Castle, 4 August 1619, in favour of a reverend father in God Andrew, bishop of Galloway, of the said bishopric of Galloway, comprehending therein the priory of Whithorn and abbacies of Tongland and Glenluce united and annexed thereto of before, with all and sundry lands, baronies, mills, fishings, kirks, teinds great and small, rents, emoluments, feu ferms, kanes, customs and others pertaining to the said bishopric, priory and abbacies, and whereof the bishops of the said bishopric, priors of the said priory and abbots of the said abbacies were in possession, as proper parts of the patrimony of the said benefices at any time of before and which pertains, or may be known to pertain, by any manner of way to the said bishopric, priory and abbacies, together with the former acts of parliament whereby the said priory of Whithorn and abbacies of Tongland and Glenluce were annexed, united and incorporated into and with the said bishopric of Galloway in all and sundry points, articles and clauses contained therein after the forms and tenors thereof, and declares, statutes and ordains that this present ratification thereof shall be as valid and lawful as if the same were at length inserted herein, dispensing hereby with the not inserting thereof. And further his majesty, with advice and consent foresaid, by this act of new unites, annexes and incorporates the said priory of Whithorn and abbacies of Tongland and Glenluce, with all lands, baronies, mills, fishings, kirks, teinds great and small, fruits, rents, emoluments and duties pertaining and belonging thereto, or to the spirituality and temporality thereof, into and with the said bishopric of Galloway, to remain in all time coming with the said bishopric as a proper part of the patrimony thereof, ordaining this act to be a sufficient warrant to the clerk register and his deputes for extending an act of parliament hereupon in due form.
[1633/6/86]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, has ratified and approved and, by this act, ratifies and approves the gift and mortification made by his majesty's late dearest father, King James of most worthy memory, under his great seal, of the abbacy of Dundrennan, with all lands, baronies, mills, woods, fishings, kirks, teinds, fruits and rents pertaining thereto, as well temporality as spirituality thereof, to the deanery of his majesty's chapel royal of Stirling in manner specified and set down in the said gift of mortification, as the same of the date at Theobalds, 16 July 1621 at more length purports, thereafter ratified in parliament held at Edinburgh, 4 August 1621. And also has ratified and approved and, by this act, ratifies and approves the act of parliament made likewise by his majesty's said late dearest father, with advice of his estates, annexing to the bishopric of Dunblane and patrimony thereof all and whole the abbacy of Crossraguel, as likewise the priory of Monymusk, as well temporality as spirituality of the same benefices, with all lands, kirks, teinds, teind sheaves, fishings, annualrents, profits, commodities and other casualties whatsoever as well not expressed as expressed pertaining or belonging or which in any time bygone pertained or belonged to the said abbacy or priory or any of them in any manner of way, in manner likewise set down in the said act of parliament, as the same act of parliament of the date 28 June 1617 also at more length purports in the whole heads, articles, clauses, conditions and circumstances whatsoever specified and contained in the said mortification and ratification thereof in parliament and act of parliament respectively above-written made regarding the union and annexation of the said abbacy of Dundrennan to the said chapel royal, and of the said abbacy of Crossraguel and priory of Monymusk to the said bishopric of Dunblane as is above-rehearsed, with all that has followed or may follow thereupon. And his majesty and estates foresaid, by this act, declares, decrees and ordains that this present ratification and generality thereof shall be as valid, effectual and sufficient as if the said mortification and acts of parliament respectively above-written were at length word by word inserted herein, regarding the which and generality thereof and all other objections or imperfections which may be opposed or alleged against the same, his majesty and estates foresaid have dispensed and dispense by this act. And further his majesty and estates foresaid by this act declare the union and mortification of the said abbacy of Dundrennan to the said chapel royal and the union and annexation of the said abbacy of Crossraguel and priory of Monymusk to the said bishopric of Dunblane to be in no way of the nature and quality of such things which are contained in his majesty's revocation, and that the same benefices so united and annexed as said is, spirituality nor temporality thereof, nor gifts of mortification and union and annexation of the same, falls in no way within the compass of any of his majesty's revocations, nor within the act made in this present parliament regarding his majesty's revocation, nor yet within the acts likewise made in this present parliament regarding the superiorities of kirklands. Likewise his majesty and estates foresaid, in so far as it may appear that the same may fall within the compass of his majesty's revocations and acts of parliament made relating thereto and regarding the superiorities of the said kirklands, has excepted and by this act excepts the same thereof.
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Our sovereign lord, with advice of the three estates of parliament, ratifies and approves all and sundry infeftments, gifts, mortifications, patronages, privileges, immunities and other evidents, rights, titles and securities whatsoever made and granted by his highness or any of his majesty's noble progenitors, or by the archbishops of St Andrews for the time, to the University of St Andrews and to the rectors, regents, masters, students, bursars, bedels and other servants of the same university, of whatsoever dates, tenors or contents the same be of, and specially without prejudice of the generality of the charter of confirmation granted by his highness's late dearest grandmother Mary, queen of Scots, of eternal memory, ratifying and confirming the charter granted by his highness's late dearest predecessor King James I of eternal memory, of the date at Perth, 20 March 1431, whereby the rectors, regents, masters, students, bursars, bedels and others within the said University of St Andrews, their lands, tenements, possessions and other goods, moveable and unmoveable, spiritual and temporal, as well within the city of St Andrews as in other places, are taken under the said King James I and his successors' protection, and whereby they are exempt from all tributes, taxations and collections, which charter of confirmation is dated 8 June 1555; and also the charter of confirmation granted by his highness's late dearest father, King James VI, of eternal memory, of the date 8 May 1579, ratifying and approving the charter above-written granted by his highness's said late dearest predecessor King James I of the date and contents above-specified, and all other exemptions, privileges and confirmations whatsoever made and granted by his highness's noble progenitors, kings James I, II, III, IV and V of worthy memory and by his highness's said dearest grandmother, Queen Mary, in all and sundry heads, clauses, articles and conditions contained in all and sundry of the said infeftments, gifts, mortifications, patronages and others respectively, specially and generally above-specified, after the forms and tenors thereof. And our said sovereign lord, with advice of the said estates of parliament, wills and grants, and for his highness and his successors, decrees and declares that the said infeftments, gifts, mortifications, patronages, immunities, privileges and others above-specified are good and valid rights to the said rectors, regents, masters, students and others above-written for possessing and enjoying of the lands, tenements, possessions, immunities, liberties, privileges and others above-specified in all time.
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Our sovereign lord and estates of this present parliament ordain a ratification to be made therein making mention that his majesty, remembering and calling to mind the manifold acts of parliament made by his majesty's predecessors of worthy memory in favour of the old universities of this realm, which are the seminaries of the kirk and policy within the same, and his majesty being moved with fervent zeal of the propagation and advancement of religion and with an earnest love of increase of policy and having therewith a special regard to the education and upbringing of the youth within this kingdom in piety and learning, and specially within the north parts of this realm, whereof our sovereign lord's university and King's College in old Aberdeen have been special instructors for the space of 140 years or thereby since the first foundation of the same, and understanding that the said university and college was of old founded and erected by the late King James IV of worthy memory for serving the north parts of this realm and endued by him with most ample privileges of teaching and professing divinity, canon and civil laws, medicine, philosophy and all other lawful faculties and liberal sciences, and also giving of degrees of baccalaureate, licentiate and doctorate to those that are worthy and capable of the said degrees in all and sundry the faculties and sciences above-expressed, with full power and liberty to the persons promoted and graduated in the same to read, teach, do and exercise all things whatsoever the persons promoted to the same degrees within the University of Paris, in the University of Banonia or any other university whatsoever may do or exercise, both in the university where they received their degrees and also in whatsoever other university in whatever places, without any examination or approval, and generally with all and sundry whatsoever other rights, privileges, liberties, immunities and exemptions given and granted to the said Universities of Paris and Banonia, or to any university of this realm or pertaining and belonging to any university or general study, together with conservators specially ordained and constituted for conserving and maintaining of the said rights, privileges, liberties, immunities and exemptions of the said university and college, as is at greater length expressed and set down in the first foundations and erections of the said university and King's College of old Aberdeen of the dates 1494 and 1497 respectively; and that the said university and King's College of old Aberdeen were of old gifted and endowed by the said late King James IV of worthy memory and by the bishops of Aberdeen and certain other of his majesty's subjects, with the kirks and benefices, patronages, parsonages and vicarages thereof, lands and annualrents following mortified, united, annexed and incorporated thereto, namely: the parsonage and vicarage of Aberluthnot; the parsonage and vicarage of Glenmuick and Glengarden; the parsonage and vicarage of Slains; the parsonage and vicarage of Snaw; the parsonage and vicarage of Auchindoir; the vicarage of Tullynessle, together with the patronages of the said kirks, the half town and lands of Drumlugus; the town and lands of Adiel, Balnakettle, Collynie and Andet, Berryhill, Mundurno; certain crofts and tenements of land lying on the east and west territories of new Aberdeen; an annualrent of £20 out of the barony of Belhelvie; 19 merks out of the waters of Banff; £12 6s 8d yearly out of the lands of Ore, Moubrey, Blairshinnoch and Pittinbrunyeounes in Boyne; an annualrent of £5 out of the lands of Udoch; an annualrent of £4 yearly out of the lands of Petty; the lands of the hospital of St Germains, with the whole fruits, rents and duties whatsoever belonging thereto wherever the same be or lies within this realm; the lands whereupon the said college is founded, with the yards, crofts and whole precinct of the same, with the manses, yards and crofts of the professor of ecclesiastical law, professor of civil law, professor of medicine and grammarian of the said university and college and others particularly specified and contained in the old foundations of the said university and college, charters and donations of the same of several dates respectively; which privileges and liberties with the said old foundations and mortifications were afterward ratified and approved by the late King James V, of worthy memory, in the year of God 1527, and by his royal daughter, the late Queen Mary, of worthy memory, in the year of God 15[...], and lastly by his highness's late dearest father, King James VI, of worthy memory, by an act of his parliament held in the year of God 1617. As likewise that his highness's said late dearest father of worthy memory, having consideration and respect that the means of the said old rents and duties being greatly diminished and impaired by diverse alienations and impropriations and other dilapidations of the same was in no way able nor sufficient to maintain in any competent manner or measure the masters and members of the said university and college as the same were first founded, therefore his highness's said late dearest father of worthy memory, of his majesty's princely liberality, love and affection which he had to learning and virtue and to the maintenance and increase thereof within this realm, gave, conveyed, united and annexed to the said university and college of old Aberdeen, with special consent and assent of all having interest, the kirks, teinds, lands and annualrents after-specified, namely: all and whole the parsonage and vicarage of St Machar called the deanery of the cathedral kirk of Aberdeen, with the whole lands, teinds, fruits, rents, emoluments and duties pertaining and belonging thereto; all and whole the parsonage of Methlick, Fyvie, Peterkirk, called Spittal or the sub-chantry of Aberdeen, with the whole manses, glebes, lands, rents and duties of the said kirks respectively, all lying within the diocese of St Andrews and Aberdeen respectively; together also with all and sundry kirklands, teinds, annualrents, feu ferms, manses, glebes, houses, buildings, yards and other fruits, rents and emoluments which pertained of before to the friars Carmelite of Banff, the chaplainries of Westhall and Fallaroull, the chaplainries of St Magdalen's altar, with all and sundry kirklands, teinds, annualrents, feu ferms, manses, glebes, houses, buildings, yards and all other fruits, rents, emoluments and duties whatsoever, which pertained of before to the said chaplainries, or to the old chaplains of the said university and college of old Aberdeen; together with all other lands, houses, buildings, produce, teinds, annualrents, feu ferms, manses, glebes, titles, rights, jurisdictions and others whatsoever pertaining and due to the said college, masters, regents, bursars and members thereof, either given and granted by his highness's said late dearest father, King James VI, of worthy memory, or any other of his highness's most noble progenitors and predecessors, kings and queens of Scotland, their regents or governors for the time, or by the bishops of Aberdeen of good memory, or by any others at any time of before which the said college and university possesses, has possessed or in any way might possess, as in his highness's said late dearest father of worthy memory his donations, gifts, dispositions and mortifications thereof at more length is contained, which last mortifications and donations granted by his highness's said late dearest father of worthy memory to the said university and college were likewise ratified by him by an act of his said parliament held in the said year of God 1617. And our sovereign lord, following the worthy example of his highness's most noble progenitors in their good affection and love of learning and virtuous education of the youth within this kingdom, and being willing by all means possible so far as lies in his majesty's power to promote virtue, advance the said universities and college of old Aberdeen and corroborate the rights, titles and securities thereof so that the same may the more and more flourish in learning, discipline and good manners, therefore our sovereign lord, with advice and consent of the said estates and whole body of this present parliament, ratifies, allows, approves and for his highness and his successors perpetually confirms all and sundry the foresaid old foundations of the said university and college of old Aberdeen with the whole rights, titles, privileges, immunities, exemptions, jurisdictions, freedoms and liberties of the same and the whole foresaid donations and mortifications of kirks and benefices, patronages, parsonages and vicarages thereof, lands, feu ferms, annualrents and whatsoever other emoluments or duties gifted and granted to the said university and college, either by his highness's said late dearest father of worthy memory or any other of his highness's most noble progenitors, kings or queens of Scotland, their regents or governors for the time, or by the said bishops of Aberdeen, or any others in all and sundry the heads, points, articles, clauses, circumstances and conditions therein contained, and after the forms and tenors thereof in all points, and wills, grants and declares that the said university and college shall enjoy the same, intromit with and uplift the whole lands, teinds, fruits, rents, annualrents, chaplainries and others whatsoever above-specified pertaining and belonging thereto, and also all other privileges, immunities, freedoms and exemptions which at any time the said university and college, or any other university or college within or without this realm possesses and enjoys, or has possessed and enjoyed, in any time bygone, or may possess and enjoy, by virtue of their rights and donations granted to them heretofore, and that this present ratification of the said rights specially and generally above-written is and shall be of as great strength, force and effect as if the said whole rights were all at length specially and particularly herein contained and inserted, notwithstanding the same be not so done; concerning which, our said sovereign lord and estates of parliament have dispensed and by this act dispense for ever. And because the deanery and sub-chantry of Aberdeen, with the parsonage of Methlick, are united, annexed and incorporated to the said university and college, the said kirks and parsonages being benefices and members of the chapter of the cathedral kirk of Aberdeen, and his majesty being in no way willing that the said chapter be hurt, impaired or deprived of any of the old members and privileges thereof, therefore our said sovereign lord, with advice and consent foresaid, ratifies and approves the statute and ordinance made by his royal father of glorious memory in his said parliament held at Edinburgh, the said year of God 1617, ordaining that the said principal of the said college for the time shall in all time coming be dean of Aberdeen and that the subprincipal of the said college shall be sub-chanter of Aberdeen, and that the eldest regent of the said college shall be parson of Methlick, they representing at the least the said canons and having their places in chapter in giving votes and suffrages and subscribing of tacks, infeftments and other writs in all and sundry the heads, points, clauses, articles, circumstances and conditions therein contained, and after the form and tenor thereof in all points, providing always that the said college and members thereof make and provide sufficient stipends and provisions to the ministers actually serving the cure at the said kirks who are not already sufficiently provided, and that the said ratification be further extended in the best form with all clauses necessary.
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Our sovereign lord and estates of this present parliament, with the declarations always underwritten, ratify, approve and perpetually confirm the charter and infeftment under the great seal dated at St James's, 28 June 1630, made and granted by his majesty to and in favour of the university and college of Glasgow, principal, masters, regents, whole members and incorporation of the same and their successors for ever of the foresaid university and college, mansions, manor places, houses, buildings, yards, orchards and others, as well lying within as without the precinct of the said college, and of all lands, tenements, kirks, teinds, rents, produce, emoluments, duties, privileges, liberties and immunities pertaining and belonging to the said university and college and generally and particularly expressed and set down in the foresaid charter and infeftment in all the heads, clauses and conditions thereof, with the precept and instrument of sasine following thereupon, together with the acts of parliament granted in 1617 in favour of the said college of Glasgow, together also with the consents granted by the late Master John Hay, parson of Renfrew, and Master John Hay, younger, his son, then minister at Killellan and now parson of Renfrew, regarding the annexing of the kirk of Renfrew to the said college of Glasgow, which consent is of the date 3 December 1632, registered in the books of council upon 6 December 1632; and with the contract and appointment made between the late James [Law], archbishop of Glasgow, and the rector, dean of faculty and masters of the said college on the one part, and the said late Master John Hay and his son on the other part, of the date 3 August and 9 November 1621, together likewise with the consent granted by Master David Sharp, chanter of Glasgow, parson and vicar and minister of Kilbride and Torrance, which consent is dated 23 November 1626; and with the contract and appointment of the same date made between the said late archbishop and the principal, regents and masters of the said college on the one part, and the said Master David Sharp on the other part, regarding the foresaid kirk of Kilbride and Torrance now united to the said college of Glasgow in all the heads, clauses, articles and conditions mentioned in the said several rights and securities, holding and admitting the same as for expressed and set down herein at length and word for word. And further our sovereign lord and estates of this present parliament, for great, weighty and seen causes tending to the honour, flourishing and benefit of the said college of Glasgow, university thereof and of the whole members and incorporation of the same have rescinded and annulled the act of parliament made in 1621, whereby that other act passed in 1617 annexing the said kirk of Renfrew to the said college of Glasgow was rescinded upon certain conditions therein specified. And for that effect his majesty and estates foresaid have ordained and ordain the said act of parliament passed in 1617 to stand in full force, strength and effect in favour of the said university of Glasgow, whole members and incorporation of the same as if the said other act of parliament passed in 1621 had never been made and granted; and also rescind and annul that act of parliament passed in 1617 regarding the restitution of chapters in so far only as may concern and be extended to the said kirks of Renfrew and Kilbride and Torrance and to the kirk of Govan, teinds, fruits, rents, emoluments and duties pertaining and belonging thereto (in so far as the same may be prejudicial to the said college of Glasgow), and now united and annexed to the said university and college of Glasgow. Moreover, our said sovereign lord and estates foresaid, for great and weighty causes and considerations moving them tending to the honour, good and flourishing of the said university and college of Glasgow, of new again by the voice, vote and suffrage of this whole parliament have mortified, endowed and conveyed and particularly confirmed to the said university and college of Glasgow, and to the principal, regents, masters, whole members, body and incorporation thereof and their successors for ever, all and sundry lands, teinds, kirks, tenements, houses, yards, privileges, liberties and immunities and others generally and particularly expressed and set down in the said charter and infeftment and declares the same to have been and to be a good, valid and perfect right and infeftment to the said university and college of Glasgow, whole members and incorporation of the same and to their successors for ever for their peaceable and free holding, enjoying and possessing of all and whatsoever expressed and set down in the said charter and infeftment in such form and manner as if the same had been particularly gifted, mortified and conveyed to the said university and college of Glasgow by our said sovereign lord and estates foresaid, by express words, voice and consent of this present parliament with express declaration always. Likewise our said sovereign lord and estates foresaid by this present act and with consent of the principal, masters, regents, whole members and incorporation of the said university and college of Glasgow, declares, statutes and ordains that the charter and infeftment above-written granted by his majesty to and in favour of the said university and college of Glasgow with this present ratification thereof shall in no way be hurtful nor prejudicial to his majesty's dearest cousin and councillor James [Stewart], duke of Lennox, his heirs and successors, regarding his infeftments and heritable rights of the office of bailiary and justiciary of the barony and regality of Glasgow and all the parts thereof, as well within as without the burgh of Glasgow held by him of the archbishop of Glasgow, nor to any other of his rights and infeftments whatsoever granted to him and his predecessors of any of his lands, mills, offices and others lying within this realm of Scotland, but that, notwithstanding of the charter and infeftment above-written and this present ratification thereof, his majesty's said dearest cousin and councillor James, duke of Lennox, and his foresaids shall possess, enjoy, use and exercise the said office of bailiary and justiciary of the barony and regality of Glasgow and all the parts thereof above-mentioned, and hold, enjoy and possess his mills, offices and others lying within this realm without any impediment, burden or opposition whatsoever, likewise and as freely in all respects as if the charter and infeftment above-written and this present ratification thereof had never been made nor granted. And further, with express declaration that notwithstanding this present ratification there is reserved to the provost, bailies and council of Glasgow the chaplainries of St John and St Mary pertaining to the burgh of Glasgow possessed by the said burgh and whereof they have been and are in present possession; as also the privileges of the meal market situated beside the Blackfriar kirk thereof; as also that the university of Glasgow shall be exempt for their own members resident within the same and their servants only and the houses, lands and tenements belonging to them in property but shall in no way exempt other tenants dwelling within the said houses in the said burgh of Glasgow from the taxations and other impositions due to be paid by them as burgesses of the said burgh, and that the said university's exemption granted to them by their late infeftment shall make no kind of derogation to the rights and liberties of the said burgh of Glasgow, whereof they have been in use and possession. And lastly with declaration that this present ratification shall not be prejudicial to the archbishop of Glasgow nor his successors regarding any right which they have to the tron, mets and measures of Glasgow nor to any other thing which lawfully does appertain to the said archbishop and his successors.
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Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies and approves the contract and appointment passed between our said sovereign lord on the one part, and his highness's right trusty cousin and councillor Archibald, lord Lorne, for himself and taking the burden upon him for his highness's right trusty cousin Archibald [Campbell], earl of Argyll, lord Campbell and Lorne, his father, on the other part, of the date at Whitehall, 3 April, and at Holyroodhouse, 23 April 1628, whereby his majesty declared his gracious and sacred pleasure and promised in the first word that notwithstanding of the renunciation and surrender voluntarily offered and to have been made by the said Archibald, lord Lorne in favour of his majesty and his highness's successors of the office of justiciary general of the whole kingdom of Scotland in manner mentioned in the said contract, the said Archibald, lord Lorne, his male heirs and successors should have, hold and possess the heritable office of justiciary within the bounds after mentioned, namely: within the bounds of the sheriffdoms of Argyll and Tarbert and within the bounds of the whole isles of the said kingdom of Scotland (excepting Orkney and Shetland), and of the lands underwritten, namely: Morvern, Knoydart, Moidart and of the particular lands pertaining heritably to the said Archibald, lord Lorne, namely: the lands of Ardnamurchan, the lands of Lochiel, the lands and barony of the kirkton of Inchberry, with the pertinents, all lying within the sheriffdom of Inverness; the lands and baronies of Rosneath held of the house of Argyll, all and whole the twenty pound land of Duror, all and whole the twenty merk land of Glencran, with the pertinents, the lands of Dusslatter, Wedderglen, lying within the sheriffdom of Perth; and all other lands of the highlands of Scotland either held of the house of Argyll or belonging thereto, with all privileges, liberties, immunities, casualties, profits and duties pertaining and belonging to the said office within the bounds above-rehearsed, under the special provisions, limitations and with the declaration particularly mentioned in the said contract, together with the charter made and granted by his majesty under his highness's great seal of the date at Whitehall, 3 April 1628 foresaid, proceeding upon the said contract, containing a confirmation of all and sundry charters, precepts, instruments of sasine, gifts and all other evidents, titles and securities made and granted by his majesty or any of his highness's most noble progenitors or any other person or persons in favour of the said Archibald, lord Lorne, his said father or any other of his predecessors of the said office of justice general within the whole bounds of the said kingdom of Scotland or of whatsoever privileges, liberties, immunities, casualties, profits and duties pertaining and belonging to the said office or concerning the same in all points and that only in so far as the same concerns or may be extended to the foresaid heritable office of justiciary within the particular bounds above-rehearsed reserved to the said Archibald, lord Lorne and his foresaids by virtue of the said contract and to the whole privileges, liberties, immunities, casualties, profits and duties pertaining and belonging to the said office within the same bounds and no further, and under the provisions, restrictions and limitations mentioned in the said contract and charter, and likewise containing a new gift granted by his majesty to the said Archibald, lord Lorne and his foresaids of the said heritable office of justiciary within the bounds foresaid particularly repeated in the said charter, with the privileges, liberties and under the provisions and restrictions therein mentioned, to be held of his majesty in free blench for the blench duty and service therein specified, with the precept of sasine following thereupon under the quarter seal of the date foresaid of the said charter, and the instrument of sasine following upon the said precept of the date 14 May 1628 foresaid, in all and sundry points, heads, articles and clauses contained therein after the forms and tenors thereof, which contract, charter, precept and instrument of sasine following thereupon were all produced in parliament and shown to his majesty and the said three estates of this present parliament; and in respect thereof his majesty, with advice and consent foresaid, declares, decrees and ordains this present ratification of the foresaid contract, charter, precept and instrument of sasine to be as sufficient in all respects as if the same were at length and word by word inserted and engrossed herein, dispensing with the not inserting thereof in this present ratification. Moreover, forasmuch as by the said contract and infeftment foresaid following thereupon it is provided that his majesty's justice clerk and his deputes shall be clerks in all the courts of justiciary to be held by the said Archibald, lord Lorne and his foresaids within the particular bounds above-specified, likewise his majesty and estates of this present parliament, understanding and considering that the said provision is not only needless but also may be hurtful and prejudicial to justice in respect of the far distance of the sheriffdoms and places above-written (within the bounds whereof the said office of justiciary is reserved and conveyed to the said Archibald, lord Lorne and his foresaids) and the burgh of Edinburgh, which is and should be the proper place of residence to the said justice clerk, by occasion whereof, for want and lack of a clerk justice, might be frustrated and delayed until the said justice clerk should be advertised of the diet and make and constitute deputes to attend the same; and his majesty and estates of this present parliament, also considering that the said reservation made regarding the said clerk was meant and intended only for general circuit courts which by act of parliament are appointed to be held twice in the year and not for particular diets wherein it is most proper and expedient for the advancing of justice that the said Archibald, lord Lorne and his foresaids (to whom the right of justiciary within the bounds above-written pertains by the said infeftment) shall have the undoubted and only right to create, install and eject clerks and other members of court of the said office of justiciary within the bounds above-mentioned in manner following, therefore frees and liberates the said Archibald, lord Lorne, his male heirs and successors to him in the right of the office of justiciary within the bounds above-mentioned of that head and clause of the foresaid contract and infeftment following thereupon, whereby the said justice clerk and his deputes are ordained to be clerks of the said courts of justiciary and that in so far as concerns particular diets and justice courts, and wills and declares that the said Archibald, lord Lorne, his male heirs and successors above-mentioned, shall have good and undoubted right in all time coming, to make, create, install and eject clerks of justiciary and other members of the said justice courts within the bounds of the lands above-specified in all time coming at their pleasure, for whom they shall be answerable to his majesty and his highness's successors, and without prejudice to that clause of the said contract and infeftment following thereupon regarding the said circuit courts to be held twice in the year according to the said act of parliament, wherein his highness said justice clerks or his deputes shall be clerks according to the tenor of the said contract and infeftment foresaid following thereupon, and reservation above-written therein specified. And further his majesty, with advice and consent of the said three estates of this present parliament, by this act, declares, statutes and ordains the foresaid contract, charter, precept and instrument of sasine following thereupon, and this present ratification thereof to be good, valid and sufficient rights and securities to the said Archibald, lord Lorne and his foresaids, whereby they may peaceably possess, enjoy, use and exercise the foresaid office of justiciary within the bounds above-mentioned with the whole privileges, liberties and immunities thereof and uplift the whole casualties and duties of the same contained in the foresaid rights. And furthermore, his majesty, with advice and consent foresaid for the better expedition of justice in the said office within the bounds above-mentioned, by this act, gives and grants full power, commission and liberty to the said Archibald, lord Lorne and his foresaids in their own names, as his majesty's justices within the said bounds, to direct forth summons, precepts and charges of horning against malefactors and delinquents within the bounds foresaid, for charging, warning and citing of them to find caution to underlie the law, and to compear at such convenient times and diets as are allowed by the laws of this country under the pain of rebellion and putting of them to his majesty's horn, and with command to denounce the parties to the horn in case of failure in finding of the said caution, or failure in compearance as said is, and also to direct precepts, letters and charges to denounce all persons to his majesty's horn who are declared fugitive or otherwise are ordained to be denounced his majesty's rebels by any lawful decreet or rollment of court of the said justice courts, and to escheat and bring in all their moveable goods, and to extend the same precepts and letters in ample form; and finds and declares that all precepts and letters of horning to be used in manner above-mentioned and duly registered according to the act of parliament are, and shall be, sufficient and lawful in themselves, and shall infer the escheat of the goods of the rebels according to the laws of this kingdom with all other effects, which letters of horning before the justice general infers in the like cases, and that the whole escheats of the said rebels and the whole financial penalties, amercements and escheats of the said justice courts shall be intromitted with and uplifted by the said Archibald, lord Lorne and his foresaids, the one half thereof for their own use and the other half of the same to the use of his majesty and his successors. And in like manner his majesty, with advice and consent foresaid, declares and ordains that in all patents and commissions to be granted by his majesty or his successors to any person or persons of the foresaid office of justiciary general or justiciary within any particular bounds within this realm, the foresaid office of justiciary within the bounds of the sheriffdoms and lands particularly above-mentioned contained in the said Archibald, lord Lorne's infeftment foresaid, shall be expressly excepted and reserved to him and his foresaids and that the said patents and commissions shall in no way prejudice nor impair the foresaid heritable infeftment of justiciary granted to the said Archibald, lord Lorne and his foresaids, within the bounds above-mentioned, but that the same shall remain entire and in full force unprejudiced by the same patents and commissions, notwithstanding of the generality of the power and terms thereof wherein the same shall happen to be conceived, without prejudice to his majesty and his successors to appoint commissioners within the said bounds at two circuit courts in the year according to the said contract and infeftment following thereupon and under the restrictions therein contained only and no other way. And it is hereby ordained and declared that how often his majesty or his successors shall grant any commissions for holding of circuit courts, that the same commissions (in so far as they or any of them shall comprehend the bounds particularly above-mentioned or any part thereof contained in the said Archibald, lord Lorne's infeftment thereof foresaid) shall be restricted and ruled according to the tenor and provision of the said Archibald, lord Lorne's infeftment. Moreover our said sovereign lord, with advice and consent of the said three estates of this present parliament, by this act, ratifies and approves the acts and statutes after-mentioned made by the lords of his majesty's privy council of the dates after-mentioned, namely: an act made in presence of the said lords of his majesty's privy council of the date 4 September 1629, whereby and according to a warrant directed to the said lords of his majesty's privy council by his majesty for authorising of the said Archibald, lord Lorne and his deputes to hold his justice courts for the north islanders at Inverness, notwithstanding that the said burgh of Inverness be outwith the bounds of the said Archibald, lord Lorne's said grant and infeftment, leaving them to hold courts in any other place where by virtue of his said grant he might do the same, the said lords of his majesty's privy council gave full power and warrant to the said Archibald, lord Lorne and his deputes to hold the said justice courts of the north islanders within the said burgh of Inverness; and declared the justice courts to be held by them within the said burgh of Inverness to be as lawful as if the same burgh were within the bounds above-written whereof the justiciary is conveyed to the said Archibald, lord Lorne and his foresaids; an act made in presence of the said lords of his majesty's privy council of the date 26 August 1630, whereby they ordained that no commission should be granted to nor in favour of any of the islanders until the said Lord Lorne, his majesty's justiciar in the Isles, be first heard and his opinion craved in relation thereto; another act made in presence of the said lords of his majesty's privy council of the date 14 February 1632, whereby they declared that they would grant no commission to any person or persons whatsoever for trying, censuring or judging of any criminal matters within the bounds of the said Archibald, lord Lorne's commission or any part thereof until the said Archibald, lord Lorne be warned to the granting thereof and heard in relation thereto; and likewise, an act made in presence of the lords of his majesty's exchequer of the said kingdom of Scotland upon 23 September 1631, whereby the said lords of exchequer ordained that nothing concerning the said Archibald, lord Lorne, his justiciary within the bounds above-mentioned, neither by commission nor remission, should pass nor have way before them derogatory or prejudicial to the said Archibald, lord Lorne's commission or infeftment foresaid to such time as the said Archibald, lord Lorne should be lawfully warned thereto and heard to propose and object his lawful reasons and defences why nothing should be done in any sort prejudicial to his said commission and infeftment in all and sundry points, heads, articles and clauses therein contained after the forms and tenors thereof; and wills, declares and ordains that this present ratification of the acts and statutes above-specified is and shall be as valid and sufficient in all respects as if the same acts and statutes were at length and word by word inserted herein, dispensing with the not inserting thereof in this present ratification by these words for ever; and ordains the said acts and statutes to be observed and kept in favour of the said Archibald, lord Lorne and his foresaids in all time coming and to have the full force, strength and effect of acts and statutes of parliament. And also his majesty, with consent and advice foresaid, wills and ordains if need be a new infeftment to be passed and completed under the great seal in favour of the said Archibald, lord Lorne and his foresaids, of the said office of heritable justiciary within the bounds above-specified with the privileges above-mentioned according to the tenor of this present act of parliament. It is always declared that this act nor the foresaid infeftment appointed to follow hereupon shall in no way be hurtful to his majesty's right trusty cousin and councillor James [Hamilton], marquis of Hamilton etc., his heirs nor successors regarding their right of justiciary within the bounds of the earldom of Arran in so far as the same belongs to the said James, marquis of Hamilton, lying within the sheriffdom of Bute and within the bounds of the lands of Saddell in Kintyre, lying within the sheriffdom of Tarbert, wherein the said James, marquis of Hamilton is infeft upon the resignation of the said Archibald, lord Lorne, with all privileges, liberties, dignities, immunities, casualties, profits and duties pertaining and belonging to the said office of justiciary within the bounds above-mentioned contained in the said James, marquis of Hamilton's infeftment thereof, held of his majesty; and ordains this act to be a sufficient warrant to the clerk register and his deputes for extending of an act of parliament hereupon in due and competent form.
[1633/6/91]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies and approves the charter and infeftment made and granted by his majesty's late dearest father of worthy memory, for himself and as father, administrator and governor to the late Henry, prince of Scotland and Wales, duke of Rothesay, Albany, Cornwall and York, and stewart of Scotland etc., his majesty's eldest son for the time and who was therein designed Henry, duke of Rothesay, earl of Carrick, lord Ardmannock, baron of the barony of Renfrew and prince and stewart of Scotland, under the great seal of the date at Edinburgh, 16 March 1610, in favour of his majesty's right trusty cousin Archibald [Campbell], earl of Argyll, lord Campbell and Lorne etc., in liferent and of his majesty's right trusty cousin and councillor Archibald, lord Lorne, his son, in fee, his male heirs and of tailzie specified in the said charter and infeftment under the conditions, reservations, provisions and restrictions therein mentioned, of the earldom, lordship and barony of Argyll, comprehending all and sundry the lands, lordships, baronies, castles, towers, fortalices, mills, woods, forests, fishings, offices, privileges, casualties, patronages and others therein specified proceeding upon the resignation of the said Archibald, earl of Argyll, containing a new gift with supplement of all defects and imperfections with the precept and instrument of sasine following thereupon, together with the ratification and renunciation made and granted by the said Archibald, earl of Argyll, of the date 11 March 1631, whereby and for the causes onerous contained therein the said Archibald, earl of Argyll renounced and discharged in favour of the said Archibald, lord Lorne, his male heirs and of tailzie above-specified, the said Archibald, earl of Argyll's liferent, right and title and all other right and title competent or that might be competent to him of the lands, baronies, mills, woods, fishings, offices, patronages, superiorities and others particularly and generally mentioned in the said charter and infeftment and of his whole other lands, teinds, possessions, rents, and estate within the kingdom of Scotland and the whole provisions, restrictions and conditions conceived in favour of the said Archibald, earl of Argyll, contained in the said infeftment of fee made to the said Archibald, lord of Lorne of the said earldom, lordship and barony of Argyll, or contained in whatsoever infeftments, rights and securities conceived in favour of the said Archibald, lord Lorne of or concerning whatsoever other lands, superiorities, rooms, possessions, teinds or others which pertained to the said Archibald, earl of Argyll, within the said kingdom of Scotland, containing sundry other clauses therein mentioned in all points, articles and clauses therein contained, after the forms and tenors thereof; which charter, precept and instrument of sasine, ratification and renunciation foresaid were all produced in parliament and seen by his majesty and estates of this present parliament; and in respect thereof his majesty, with advice and consent foresaid, declares, decrees and ordains this present ratification of the said charter, precept, instrument of sasine, ratification and renunciation to be as sufficient and effectual in all respects as if the same were at length and word by word inserted and engrossed herein, dispensing with the not inserting thereof in this present ratification. As also his majesty, with advice and consent foresaid, finds, declares, statutes and ordains the foresaid infeftment to be a sufficient, valid and lawful right and security to the said Archibald, lord Lorne and his foresaids, for possessing and enjoying of the whole lands, lordships, baronies, castles, towers, fortalices, offices, patronages and others specified in the foresaid charter in all time coming. Moreover, forasmuch as by the foresaid infeftment of fee of the said earldom, lordship and barony of Argyll the said Archibald, lord Lorne is infeft in the heritable offices of sheriffships of the sheriffdoms of Argyll and Tarbert, and that it is perfectly known to his majesty and the estates of this present parliament that the said two sheriffdoms lie contiguous and that the burgh of Inveraray lying within the said sheriffdom of Argyll is the most fit place to be the head burgh of both the said sheriffdoms for holding of the head courts thereof, and that there is no fit and proper place within the said sheriffdom of Tarbert for holding of the same courts, and that in respect thereof the head courts and other particular diets of the said sheriffdoms have for the most part in all time bygone been held at the said burgh of Inveraray, as well concerning the inhabitants of the said sheriffdom of Tarbert as the inhabitants of the said sheriffdom of Argyll, therefore his majesty, with advice and consent of the three estates of this present parliament, has united and by this act unites the said sheriffdom of Tarbert to the foresaid sheriffdom of Argyll, and ordains both the said sheriffdoms of Argyll and Tarbert hereby united as said is to be called in all time coming the sheriffdom of Argyll. And furthermore, forasmuch as the lands following, namely: Ardnamurchan and Sunart, Locheil, Ardgour, Kingairloch, Morvern and the isles of Canna and Rum which lie contiguous to the said sheriffdoms of Argyll and Tarbert and are distant from the burgh of Inverness (which is the head burgh of the sheriffdom of Inverness, within the which sheriffdom the lands and isles immediately above-written lie) by the space of 100 miles or thereby and the said lands and isles at the furthest are distant from the said burgh of Inveraray by the space of 30 or 40 miles, likewise the said whole lands and isles pertain to the said Archibald, lord Lorne heritably in property or tenancies (except the lands in Morvern and Kingairloch which pertain heritably to Sir Lauchlan MacLean of Morvern, knight, Murdoch MacLean of Lochbuie and [...] MacLean of Kingairloch, and who are willing that the said lands be joined to the said sheriffdom of Argyll and have given in their humble petition for that effect), therefore his majesty, with advice and consent of the said three estates of this present parliament, has dismembered and by this act dismembers the whole particular lands and isles immediately above-written from the said sheriffdom of Inverness and joined and united and by this act joins and unites the same lands and isles to the said sheriffdom of Argyll, and declares the inhabitants of the same lands and isles to be free of the jurisdiction of the sheriff of Inverness and to be liable to the jurisdiction of the said sheriff of Argyll in all time coming, and declares and ordains the foresaid burgh of Inveraray to be in all time hereafter the head burgh of the said united sheriffdom of Argyll, comprehending both Argyll and Tarbert and the other lands and isles above-specified now united thereto as said is, and declares that all citations, summons, denunciations of hornings, inhibitions, brieves and such other public citations and proclamations shall be made, used and executed at the market cross of the said burgh of Inveraray for the whole bounds of both the said united sheriffdoms of Argyll and Tarbert and of the other lands and isles above-specified now united to the said sheriffdom of Argyll as said is and for the whole inhabitants thereof and that no citations, summons, denunciations of hornings, inhibitions, brieves nor any other such public citations or proclamations shall be used at any time hereafter at the market cross or accustomed place of Tarbert, and likewise ordains the foresaid burgh of Inveraray to be the ordinary place for administration of justice to the whole inhabitants of the said sheriffdom of Argyll, comprehending the said sheriffdom of Tarbert and other lands and isles above-specified now united thereto as said is, as being the head burgh of the said united sheriffdom of Argyll as is above-mentioned; without prejudice always to the said Archibald, lord Lorne and his foresaids whenever occasion be offered to hold sheriff courts within any part of the bounds of the said united sheriffdoms of Argyll and Tarbert and other lands and isles above-specified now united to the said sheriffdom of Argyll as said is, for the ease and commodity of his highness's lieges, inhabitants thereof and others subject to the courts of the same and to cite them to compear before him or his foresaids or their deputes upon the ground of any part of any lands lying within the said united sheriffdoms of Argyll and Tarbert and other lands and isles above-specified united to the said sheriffdom of Argyll as said is, as they shall be cited and required; and ordains publication hereof to be made at the market crosses of Inveraray, Tarbert and Inverness to all and sundry of our said sovereign lord's lieges and others whom it pertains to the effect that none pretend ignorance thereof; and ordains this act to be a sufficient warrant to the clerk register and his deputes for extending of an act of parliament hereupon in due and competent form.
[1633/6/92]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies and approves the three charters after-mentioned, with the precepts and instruments of sasine following thereupon, namely: the first thereof made and granted by his majesty's late dearest father of eternal memory under his highness's great seal to Archibald, lord Lorne, his male heirs and assignees whatsoever, of the lands and others therein specified thereby united in a barony called the barony of Ardnamurchan, of the date at Stirling, 9 March 1625; the second of the said charters made and granted by his majesty under the great seal to the said Archibald, lord Lorne and his foresaids of the lands and others mentioned therein thereby united in a barony called the barony of Balavil, of the date at Holyroodhouse, 5 August 1630; and the third of the said charters made and granted by his majesty under his highness's great seal to the said Archibald, lord Lorne and his foresaids of the lands and others therein specified thereby united in a barony called the barony of Gigha, of the date at Holyroodhouse, 4 February 1632 in all and sundry points, articles and clauses therein contained after the form and tenor thereof, which three charters were all shown and produced before his majesty and the estates of this present parliament. Likewise his majesty, with advice and consent foresaid, declares, statutes and ordains that this present ratification of the said three charters and of the precepts and instruments of sasine following thereupon is and shall be as good and sufficient in all respects as if the same were at length inserted herein, dispensing hereby with the not inserting thereof in this present ratification. And likewise that the said three charters or infeftments, with the precepts and instruments of sasine following thereupon and this present ratification thereof, are, and shall be, sufficient, valid and lawful rights and securities to the said Archibald, lord Lorne and his foresaids, for the peaceable possessing and enjoying of the lands and others above-specified, according to the tenors of the said charters and for the duties therein contained, ordaining this ratification to be a sufficient warrant to the clerk register and his deputes for extending of an act of parliament hereupon in due and competent form.
[1633/6/93]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies and approves the commission granted by the lords of his majesty's secret council, of the date 21 April 1625, to Archibald, lord Lorne and certain of his friends therein nominated against the rebels therein named of the Clan Ian and all their assisters and accomplices; as also the act made in presence of the said lords of his majesty's secret council of the date 28 July 1625, whereby the said lords (in respect of a report in writing given in before them by the said Archibald, lord Lorne of his whole proceedings in the execution of the said commission) found and declared that the said Archibald, lord Lorne did very worthily and dutifully behave and carry himself in the execution of the said commission and thereby answered the trust and credit which was reposed in him and, therefore, ratified and approved and allowed the said Lord Lorne's whole proceedings in his service foresaid, and discharged him thereof in all points, articles and clauses therein contained, after the forms and tenors thereof, and declares and ordains this present ratification thereof to be as good and sufficient in all respects as if the same were at length and word by word inserted and engrossed herein, dispensing hereby with the not inserting thereof in this present ratification. And likewise his majesty, with advice and consent foresaid, by this act of new, ratifies, approves and allows the said Archibald, lord Lorne and his said friends their whole proceedings in the service foresaid and exonerates and discharges him and his said friends of their whole proceedings in the said service and in the execution of the foresaid commission for now and ever, ordaining this ratification to be a sufficient warrant to the clerk register and his deputes for extending of an act of parliament hereupon in due and competent form.
[1633/6/94]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of his highness's whole estates of this present parliament, ordains an act to be made therein in favour of his highness's trusty cousin John, lord Hay of Yester, his male heirs, of tailzie and assignees whatsoever, ratifying and approving and, for his majesty and his successors, perpetually confirming, likewise his majesty, with consent foresaid, by this act, ratifies, approves and, for his majesty and his highness's successors, perpetually confirms the charter and infeftment made and granted by his majesty's late dearest father of worthy memory to the late William [Hay], lord Hay of Yester, his male heirs and of tailzie therein contained, of all and whole the lands and lordship of Yester, containing therein the lands, lordship, baronies, offices, mills, woods, fishings, advocation, donation and right of patronages of kirks, benefices, chaplainries, provostries and others therein mentioned to be held of his majesty and his highness's successors in fee and heritage of the date under his highness's great seal, 27 February 1590; the precept of sasine following upon the said charter under the testimonial of his highness's great seal for giving sasine to the late James [Hay], lord Hay of Yester, as male heir to the said late William, lord Hay of Yester, of the lands, lordship, baronies and others foresaid of the date 29 May 1591; the instrument of sasine given to him thereof according thereto of the date 7 June 1591, under the sign and subscription manual of the late James Gray, notary public; the service and retour of the said John, now lord Hay of Yester, whereby he is served and retoured son and male heir to the said late James, lord Hay of Yester, of the lands, lordship, baronies, offices and others above-written, of the date the [...] day of [...] 16[...]; the precept of sasine upon the said retour of the date 26 March 1610; the instrument of sasine following thereupon of the date 23 May 1610, under the sign and subscription manual of the late James Gray, notary public; the charter and infeftment under his highness's great seal made and granted by his majesty's late dearest father of worthy memory to the said John, lord Hay of Yester, his male heirs and assignees whatsoever of all and sundry of the lands of Achquhatmur, with the pertinents, lying within the sheriffdom of Lanark, the lands of Rodono, lying within the sheriffdom of Selkirk, and of seven acres of land of Floors, lying within the parish of Peebles at the east end of the burgh thereof, with their pertinents, to be held of his majesty and his highness's successors in feu and heritage, of the date at Holyroodhouse, 18 April 1599; the precept of sasine under the testimonial of his highness's great seal following thereupon of the date of the said charter and the instrument of sasine given to the said John, lord Hay of Yester thereof, according thereto, of the date 29 and 30 June 1599, under the sign and subscription manual of the late James Gray, notary public; the charter and infeftment made and granted by his highness's late dearest father of worthy memory to the said John, now lord Hay of Yester, his male heirs and of tailzie contained in his infeftment of the lordship of Yester of the benefice and tenancies of the crosskirk of Peebles, to be held of his majesty and his highness's successors, of the date under his highness's great seal at his highness's court of Newmarket in England 3 February 1624; the precept of sasine following thereupon under the testimonial of his highness's great seal of the date of the said charter; the instrument of sasine given to the said John, lord Hay of Yester thereof according thereto of the date 30 March 1624, under the sign and subscription manual of Patrick Veitch, notary public, with all and sundry other infeftments, charters, precepts, instruments of sasine, confirmations, services, retours, infeftments following thereupon, procuratories and instruments of resignation and infeftments following upon the same and all other writs, rights, titles and securities made and granted by our said sovereign lord or any of his highness's most noble progenitors to the said John, lord Hay of Yester, his ancestors, their heirs, successors and assignees of the lands, lordship, baronies, offices, tenancies and others therein mentioned of whatsoever date or dates, tenor or contents the same be in all and sundry points, passes, heads, articles, clauses, provisions and conditions whatsoever therein contained, according to the tenors thereof, with all that has followed or may follow thereupon, declaring this present general ratification of all and sundry the evidents and writs specially and generally foresaid to be as good, valid, effectual and sufficient to the said John, lord Hay of Yester and his foresaids for possessing and enjoying of the lands, lordship, baronies, offices, tenancies and others above-written therein contained as their heritage at their pleasure in all time coming, as if all and sundry of the same writs and securities specially and generally foresaid were at length and word by word engrossed herein; concerning which our said sovereign lord, with advice and consent foresaid, has dispensed and by this act, for his highness and his successors, with consent above-written, dispenses for ever. And also his majesty, with advice and consent foresaid, decrees and declares the said writs to be good and sufficient rights, titles and securities to the said John, lord Hay of Yester and his above-written, whereby he and they may hold, enjoy and possess all and sundry the lands, lordship, baronies, offices and others therein contained as their heritage at their pleasure in all time hereafter, and ordains this present ratification to be inserted amongst the other acts of his highness's parliament; concerning which, this ratification shall be a sufficient warrant.
[1633/6/95]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, by this act, ratifies and approves the act of the commissioners for surrenders and teinds of the date 29 July 1631, whereby and for the causes onerous therein contained they found it fit and expedient, and concluded and ordained, that his highness's right trusty cousin John, lord Loudoun and his successors should have the right of patronage of the new erected kirk, called the kirk of the Muir, with the presentation of the ministers serving thereat, and humbly entreated and requested his majesty to approve the proceedings of the said commissioners and to erect the said kirk of the Muir in a separate kirk and parish and to convey the heritable right of the patronage, advocation and donation of the said kirk to the said lord Loudoun, his male heirs and successors. And likewise humbly requested his sacred majesty and estates of this present parliament to ratify and approve the said act with the right and infeftment of patronage to be given by his majesty in favour of the said Lord Loudoun, and to grant to the said Lord Loudoun and his foresaids such further warrant and security relating thereto as may stand with law and justice in all points, articles and clauses therein contained after the form and tenor thereof. And declares, statutes and ordains that this present ratification thereof is, and shall be, as sufficient in all respects as if the same were at length inserted herein, dispensing hereby with the not inserting thereof. And likewise his majesty, with consent foresaid, by this act of new unites and erects the said kirk of the Muir and parish thereof in a separate and distinct parish kirk and parish by itself, and ordains an infeftment to be granted by his majesty under the great seal to the said Lord Loudoun, his male heirs and assignees of the advocation, donation and right of patronage of the said kirk of the Muir, to be held of his majesty and his successors in free blench for yearly payment of one penny Scots at the feast of Whitsunday [May/June] in name of blench ferm if it be asked only; and ordains this ratification to be a sufficient warrant to the clerk register and his deputes to extend an act of parliament hereupon in due form.
[1633/6/96]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies and approves the charter made and granted by his majesty's late dearest father of eternal memory under the great seal of the date at Edinburgh, 2 March 1622, to and in favour of Dame Margaret Campbell, lady Loudoun, therein designed eldest lawful daughter to the late George [Campbell], master of Loudoun, and spouse to John, lord Loudoun, who was therein designed Sir John Campbell, knight, eldest lawful son to Sir James Campbell of Lawers, knight, in liferent during the space therein mentioned, of the lands of Sorn, Blairmulloch and Blairkip and certain other lands and others therein contained; and to and in favour of the said John, lord Loudoun, his male heirs and assignees therein specified, of the lands and barony of Martinham and sundry other lands, baronies and others therein specified, with the precept and instrument of sasine following thereupon in all and sundry points, heads, articles and clauses contained therein, after the forms and tenors thereof and that only in so far as the said charter, precept and instrument of sasine following thereupon concerns or may be extended to the lands, baronies and others after-mentioned, namely: the said lands and barony of Martinham, the lands and barony of Tarrinzean, the lands of Dowchray, the kirk lands of Loudoun, and the patronages of the kirks of Auchinleck and Loudoun, parsonages and vicarage thereof. And also ratifies and approves the charter made and granted by his majesty (being designed for the time Charles, prince of Scotland and Wales, duke of Rothesay, Albany, Cornwall and Chester) under his highness's seal, which is of the date 26 July 1620, to and in favour of the said Dame Margaret Campbell in liferent during the space mentioned therein of the lands of Hoodston, Brydinstoun, Bogside and of certain other lands contained therein, and to and in favour of the said John, lord Loudoun, his heirs and assignees specified therein of the lands and baronies of Easter and Wester Loudouns, and of sundry other lands, baronies and others mentioned therein, with the precept and instrument of sasine following upon the same charter; and likewise a contract of wadset passed between his majesty, with consent of his highness's treasurer principal and treasurer depute and other lords of his majesty's exchequer of this realm on the one part, and the said John, lord Loudoun on the other part, of the date 13 April and 5 August 1630, together with the charter made and granted by his majesty under his highness's great seal proceeding upon the said contract, with the precept and instrument of sasine following thereupon in all and sundry points, articles and clauses therein contained after the forms and tenors thereof. Likewise his majesty, with advice and consent foresaid, wills, statutes and ordains that this present ratification of the whole charters, precepts, instruments of sasine and contract respectively above-mentioned is and shall be as good and sufficient in all respects as if the same were at length and word by word inserted and engrossed herein, dispensing hereby with the not inserting thereof in this present ratification; and also for weighty and seen causes concerning the common good finds, declares and ordains the same infeftments, charters, precepts, instruments of sasine and contract above-mentioned to be good, valid and perfect rights and securities whereby the said John, lord Loudoun and his foresaids and his lady above-nominated may enjoy, hold and possess the lands and others contained therein, after the forms and tenors thereof, and this present ratification of the same in all points.
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Our sovereign lord and estates of this present parliament ordain a ratification to be made therein to and in favour of Archibald, lord Napier of Merchiston, ratifying and approving and, for his highness and his successors, perpetually confirming the decreet of valuation given at Holyroodhouse, 21 March 1628, by the commissioners nominated by the king's majesty for the treaty regarding the erections, surrenders and teinds, whereby the said commissioners validate and estimate the said Lord Napier's lands underwritten to be worth yearly in constant rent in stock and teind as follows, namely: the lands of Mayresyde to be worth yearly in constant rent in stock and teind five chalders, five bolls of barley and wheat; the lands of Gorgiemuir to be worth yearly in constant rent in stock and teind six chalders of barley; and the 33 acres of land possessed by William Hogg and Thomas Fairholm to be worth in constant rent yearly in stock and teind three chalders and eight bolls of barley; the lands possessed by Helen Tok, John Stevenson and John Jobe to be worth yearly in constant rent in stock and teind 20 bolls of barley; and the 46 acres of land occupied by John Brown to be worth yearly in constant rent in stock and teind four chalders, 12 bolls of barley; and the lands of Tipperline to be worth yearly in constant rent in stock and teind three chalders, eight bolls of barley; and the portion of the mains of Merchiston possessed by the said Lord Napier himself to be worth yearly in constant rent in stock and teind eight chalders of barley; and accordingly the whole lands of Merchiston to be worth yearly in constant rent in stock and teind 32 chalders of victual of the kinds above-written in manner specified in the said decreet, as the same in itself at more length bears; and also the decreet given by his highness's exchequer of Scotland upon 19 June 1632, proceeding upon a suspension obtained at the instance of the said Archibald, lord Napier of Merchiston, against his highness's principal treasurer, depute treasurer and their deputes having their power to receive the annuity of the teinds after-specified and their charges whereby they were charged for payment of the annuity of the teinds of the said lands therein mentioned yearly, the years of God 1628, 1629, 1630 and 1631, extending in the whole the said four years to the sum of £167 2s, by the which decreet the said lords of exchequer found the said letters raised at the instance of the said treasurers principal and depute against the said Lord Napier in the said matter to be orderly proceeded, and ordained the said sum of £167 2s consigned as the annuity of the said teinds the said years to be delivered up to William Butter, receiver of the annuity of the said teinds, in the said treasurers' names, upon a sufficient discharge, in recompense whereof the said lords ordained the said Lord Napier to have retention in his own hand of so much of the tack duty of £14 4s payable by him to John [Bothwell], lord Holyroodhouse for the said teinds of the crop and year of God 1631, as may be equivalent and answerable to the annuity thereof for the said four crops and years of God above-specified, for the reasons and causes contained in the said decreet, as the same also bears, in all and sundry the heads, points, clauses, articles, circumstances and conditions therein contained, and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will and grant, decree and ordain that this present ratification of the said decreets and either of them is and shall be of as great force, strength and effect to the said Lord Napier, his heirs and successors as if the said two decreets were all at length specially and particularly ratified, inserted and contained word for word in this present ratification; concerning which, our said sovereign lord and estates of parliament have dispensed and by this act dispense for ever.
[1633/6/98]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and perpetually confirm an act dated at Holyroodhouse, 9 February 1631, granted by the lords commissioners for the surrenders and teinds, by the which act they have ratified, allowed and approved another act of the session of the kirk of Crail regarding the dividing of the rooms and houses particularly underwritten from the said kirk of Crail and adjoining and annexing of the same to the kirk and parish of Kingsbarns. Likewise the said lords commissioners by their said act of new dissolved and divided the lands and rooms particularly after-specified, they are to say: the lands of Pitmilly, Morton of Pitmilly, mills thereof, Kilduncan, Falside, Cookston, Grassmiston, Kingsbarns and barony of Kippo, Cambo, Belches and Muirhouse, Randerstone and Newton thereof from the said kirk and parish of Crail, and joined, united and annexed the same to the said kirk and parish of Kingsbarns, which kirk the said commissioners ordained to be the parish kirk of the lands particularly above-written and the inhabitants of the said lands to be the proper parishioners of Kingsbarns in all time coming, with conditions always that the said division shall not be prejudicial to such gentlemen within the parish of Kingsbarns as have right and privilege of proper and peculiar burial places within the kirk or kirkyard of Crail, but that they and their successors may enjoy the same right and privilege as freely and peaceably as if they yet remained parishioners of Crail in all and sundry heads, clauses and conditions expressed and set down in the foresaid act made and granted by the said lords commissioners relating thereto, together also with the said act of the session of the said kirk of Crail and all other acts presbyterial and synodical set down and concluded concerning the erection of the said kirk of Kingsbarns with the lands and rooms particularly above-specified, in a separate and particular parish by the self divided and distinguished from the said kirk and parish of Crail in manner before mentioned and declares all the said acts to be held as for expressed and set down herein at length and word for word. And further, our said sovereign lord and estates foresaid, for great and seen causes tending to the honour of God and his majesty and propagation and maintenance of religion, and for the good and well of the kingdom, has by express and plain vote, voice and suffrage of parliament of new divided the lands, rooms and others particularly above-written from the said kirk and parish of Crail, and has joined, united and annexed the same to the said kirk and parish of Kingsbarns, which is declared to have been since the first erection thereof and to be for ever a proper and peculiar parish kirk called and to be called in all time coming the kirk of Kingsbarns; which kirk his majesty and estates foresaid have ordained to be the parish kirk of the lands particularly above-written and the inhabitants thereof to be the proper parishioners of Kingsbarns in all time coming, and that they shall resort and repair thereto and to all sermons, preachings, sacraments and other ecclesiastic duties and offices. And notwithstanding thereof, his majesty and estates foresaid finds and declares that the said John, lord Lindsay, his male heirs and successors, has, and shall have, good and undoubted right, title and interest to the patronage of the said new erected kirk of Kingsbarns and to the teinds of the lands and others above-specified united and annexed thereto as said is, as if the same had not been dissolved, disjoined and separated from the said kirk and parish of Crail, whereof the said John, lord Lindsay, his predecessors and authors were constituted heritable patrons of before, and ratifies and approves all infeftments, rights and securities made and granted to them thereupon, and that the said John, lord Lindsay and his foresaids shall in all time coming abide and remain undoubted heritable patrons of the said new erected kirk of Kingsbarns, likewise and after the same form and manner as if the said kirk of Kingsbarns and lands above-written had not been separated nor disjoined from the said kirk and parish of Crail and that the said division shall not be prejudicial to such gentlemen of the said parish of Kingsbarns as have right and privilege of proper and peculiar burial places within the said kirk or kirkyard of Crail, but that they and their successors may and shall enjoy the same right and privilege as freely and peaceably as if they yet remained parishioners of Crail. And also, our said sovereign lord and estates foresaid find and declare that the minister now present and his successors serving the cure at the said kirk of Kingsbarns in all time coming has, and shall have, good right and interest to the yearly stipend of five chalders of victual endowed and allowed by the said John, lord Lindsay, patron and tacksman of the teinds of the said kirk and parish of Crail, out of his charitable disposition for maintenance of the minister serving the cure at the said kirk of Kingsbarns and his successors, and that without prejudice regarding the payment of another 10 chalders of victual yearly appointed and allowed to be paid to the ministers present and to come serving the cure at the said kirk of Crail. And ordains letters of horning upon a simple charge of 10 days to be directed hereupon at the instance of the minister present and to come serving the cure at the said kirk of Kingsbarns, or at the instance of the said John, lord Lindsay, his male heirs and successors, against all persons having interest for complying with and obeying of this present act and statute in all points; and ordains the same to be a sufficient warrant to the lord register for extending and extracting of an act of parliament hereupon, in due and ample form as appropriate.
[1633/6/99]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ordain a ratification to be made therein in favour of his highness's beloved the provost, bailies, council and community of the burgh of Aberdeen and their successors, ratifying, approving and, for his highness and his successors, perpetually confirming the charters made and granted by his majesty's late dearest father James, by the grace of God, king of Great Britain, France and Ireland, defender of the faith etc., of eternal memory, with advice and consent of his highness's principal treasurer, treasurer depute and other lords of his highness's secret council of Scotland, his highness's commissioners for the time, under the great seal, of the date at Falkland, 17 July 1617, whereby our said late deceased sovereign lord of worthy memory, with advice and consent foresaid, for the causes therein contained, not only ratified, approved and confirmed all and whatsoever charters, infeftments, precepts, instruments of sasine, confirmations, acts, sentences, decreets, donations, exemptions, rights, titles, securities, letters, writs and evidents special and general mentioned in the said charter, grants, liberties, commodities, immunities and privileges contained therein, made, granted or confirmed by his highness's said late dearest father of worthy memory and his majesty's predecessor kings and queens of Scotland or by their governors, regents or lords of session for the time, to the said burgh of Aberdeen, provost, aldermen, bailies, dean of guild, treasurers, council, burgesses and community thereof, and to the kirks, ministers and hospitals of the said burgh and their successors of whatsoever form or forms, content or contents, date or dates the same respectively be of, of and concerning the erection of the said burgh of Aberdeen in a free burgh royal with all rights, titles and privileges belonging thereto by the laws and customs of this realm, and of all lands, tenements, forests, woods, muirs, mosses, community waters, salmon fishings, mills, astricted multures, castles, meadows, lochs, hills, greens, blockhouses, anchorages, small customs, bell customs and tron weights, measures and other profits, casualties and duties whatsoever which of before belonged to the said burgh of Aberdeen and which they and their predecessors or authors possessed and used at any time of before, but also his majesty's late dearest father of worthy memory, with advice and consent foresaid, of new gave, granted, erected and conveyed to the said provost, bailies, council, burgesses and community of the said burgh of Aberdeen and their successors for ever; all and whole the said burgh of Aberdeen, with the precinct walls, ditches, ports, ways, streets, passages and all and sundry houses, buildings, yards, tenements, crofts, acres and roads within the territory and liberty of the said burgh; and also all and sundry common lands and other lands, waters, salmon fishings, specially and generally mentioned in the said contract, inches, shiels† and other liberties thereof, ferry boats, fees, duties and commodities thereof, common mills of the said burgh, multures, sequels, castle hill, green meadow, suburb called Futtie, chapels thereof, boats and white fishings belonging thereto, bulwark, port and pier of Aberdeen, mill dams and passages thereof and liberties and privileges of the same and customs called bell customs, small customs and toll customs of the said burgh, tron weights of the said burgh, fees and duties belonging thereto, other weights, measures, liberties, privileges and immunities belonging to the said burgh in anyway specially and generally mentioned in the said charter; and of all and sundry annualrents, feu ferms, yearly duties, altarages, lands, fishings, teinds, houses, crofts and chaplainries which pertained of old to the chaplainries of St Nicholas, parish kirk of Aberdeen, with all tenements, crofts, mansions, dail-silver† and anniversaries whatsoever, which pertained of before to whatsoever chaplainries and altarages founded in whatsoever kirk, chapel or college within the liberty of the said burgh of Aberdeen by whatsoever persons or patrons; all and whole the mansion place, houses, buildings, yards and kirk which pertained of before to the grey friars of the said burgh; common loch, hills, greens and fields called the links of the said burgh, tenants, tenancies, service of free tenants of all and sundry the said lands and fishings, parts, pendicles and pertinents thereof; and with all and sundry other liberties, immunities, rights and privileges whatsoever belonging to the said burgh and whereof the said provost, bailies, council and community of the said burgh and their predecessors have been in possession in any time bygone, together also with as ample and great privileges and immunities as has been given, granted and conveyed by our said sovereign lord of worthy memory, or any of his ancestors, to the burghs of Edinburgh, Perth, Dundee or any other burgh royal within this realm of Scotland at any time bygone preceding the date of the said charter, all united, annexed and incorporated to and with the said burgh of Aberdeen, liberties and privileges thereof; and to the lands, possessions, fishings and others belonging thereto, specially and generally mentioned in the said charter, to be held by the said provost, bailies, council and community of the said burgh of Aberdeen and their successors, of our sovereign lord and his highness's successors, in fee heritage and free burgage for ever, as the said charter of the date foresaid in itself at more length bears, with the precept of sasine following thereupon under the testimony of the great seal, of the same date, and instrument of sasine following thereupon, of the date the [...] day of [...] 16[...], as also the act of dissolution made in the parliament held at Edinburgh, 28 June 1617, whereto the said charter above-mentioned is relative and whereon the same proceeds and follows in manner therein contained; as also the charter made by the late King Robert I to the said burgesses and community of the said burgh of Aberdeen of all the liberties, customs and immunities, wherein they were infeft by his predecessors of before in time bygone and giving full power to the said burgesses and community of the said burgh to take ward and punish all these that should come in arms within the said burgh against the statutes of his majesty and burghs of this realm in time coming, under the great seal of the date at Girvan in Carrick, 6 February 1328, in all and sundry the heads, points, clauses, articles and conditions therein contained, and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for them and their successors, decree and ordain that this present ratification of the said charter, precept and sasine following thereupon and of the act of dissolution above-written, whereupon the same proceeded, and the other charter above-mentioned made by the said late King Robert I is, and shall be, as valid and sufficient and of as great force, strength and effect to the said provost, bailies, council and community of the said burgh of Aberdeen and their successors for possessing and enjoying of the said burgh of Aberdeen and all and sundry lands, heritages, forests, mills, woods, salmon fishings, casualties, liberties, privileges, immunities and others whatsoever contained in the said charters and either of them and otherwise belonging thereto as if the said two charters, precept, sasine and act of dissolution above-written were all at length inserted, engrossed and contained in this present ratification, concerning which and with all other defects and imperfections which may be proposed or alleged against the said two charters, precept, sasine and act of dissolution, or any of them and this ratification thereof, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever; and that the said ratification be further extended in the best form with all clauses necessary.
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Our sovereign lord, being sufficiently informed of the great charges and expenses that the provost, bailies, council and community of the burgh and city of Glasgow has sustained these many years bygone in making of the River Clyde, whereupon the said burgh and city is founded and situated, portable for ships, boats, barks and other vessels for importing and exporting of foreign and homeward commodities, to the great comfort of his majesty's lieges lying within the bounds and sheriffdoms next adjacent thereto, and for advancement and increase of policy of the common welfare of this his highness's kingdom of Scotland, and in mending, repairing and upholding of the bridge of Glasgow over the said river, which is a very profitable means for maintenance of commerce, as likewise of the great care, pains and charges sustained by them in upholding of the great kirk of Glasgow and edifice thereof after the ancient manner and first foundation of the same; and also calling to mind what great and sumptuous charges, care and expenses they have been at lately in building of a tolbooth for administration of justice and other affairs tending to the advancement of the common welfare and decoration of the said kingdom, and in building and repairing of churches within the said burgh and city with steeples answerable thereto, as also of the great care, diligence and expenses sustained by them in building and repairing of certain bridges over rivers and waters in sundry parts where strangers may have commodious travelling to and from his majesty's kingdom of Ireland and other parts within the kingdom of Scotland, not only to the comfort and profit of the lieges of all sorts of these his majesty's kingdoms, but likewise to the great comfort of all strangers and foreigners resorting in these parts. And his majesty, being mindful of these their commendable and common works tending to the common welfare of his majesty's kingdom, and to give them occasion to continue in prosecuting of their good intentions, and for the known good service done to his majesty and his most noble progenitors by the provost, bailies, council and community of the said burgh and city of Glasgow and their predecessors in time past, therefore our said sovereign lord, with consent and advice of the three estates of this present parliament, has ratified, approved and confirmed and, by the tenor hereof, ratifies, approves and confirms all and sundry charters, infeftments, confirmations thereof, gifts, donations, mortifications and all other evidents, writs and securities whatsoever of whatsoever nature, kind and quality the same be made and granted by his majesty or any of his most noble progenitors to and in favour of the provost, bailies, council, and community of the said burgh and city of Glasgow; and in special (without prejudice of the generality foresaid) his majesty, with advice and consent above-specified, has ratified and approved and, by this act, ratifies and approves a charter, gift or donation granted by his highness's most noble progenitor Alexander, king of Scots, of and concerning the liberties and privileges of the said burgh, burgesses and inhabitants thereof, of the date at Maden Castle, 18 June, the 26th year of his reign. Item, another charter granted by King Robert, his majesty's most noble progenitor, confirming the foresaid charter under the great seal, dated 15 November, the 23rd year of his reign. Item, another charter granted by King Robert to the provost, bailies, council and community of the said burgh of Glasgow, confirming the foresaid charter and granting certain new liberties thereto, dated at Scone, 28 July in the 18th year of his reign. Item, another charter granted by Mary, queen of Scots, his majesty's dearest grandmother, to and in favour of the provost, bailies, council and community of the said burgh of Glasgow of certain lands, tenements, kirks, chapels, chaplainries, prebendaries, altarages and others mentioned therein, dated 17 March 1566. Item, another charter granted by his majesty's dearest father of eternal memory under his great seal, ratifying all the former gifts, donations, privileges and others made in favour of the said provost, bailies, council and community, dated at Royston, 8 April 1611. Item, a decreet of parliament pronounced in favour of the said burgh of Glasgow, dated 29 November 1469. Item, his majesty's ratification of the said decreet dated 1 December 1479. Item, an act of secret council in favour of the said burgh concerning their liberties, dated 10 September 1600. Item, an act of interlocutor of the lords of session given in their favour upon 25 July 1607. Item, a decreet of the lords of council and session given in favour of the said burgh upon 4 June 1575 regarding a ladleful of all sorts of corns sold in their market, in all and sundry heads, articles, clauses, conditions and circumstances thereof whatsoever, willing, declaring and ordaining that this present ratification of the particular evidents and writs above-written and generality thereof is, and shall be, as valid, effectual and sufficient to the provost, bailies, council and community of the said burgh of Glasgow and their successors for ever in judgement and outwith as if they and every one of them were at length, word by word, engrossed and inserted herein. And further, our said sovereign lord, with advice and consent foresaid of his estates of parliament, ratifies and approves all and whatsoever gifts, rights and securities made and granted in favour of the provost, bailies, council and community of the said burgh by his majesty's predecessors or by whatsoever other person or persons of whatsoever kind and quality the same be of, of and concerning the tron of the said burgh, river and bridge of the same, tolls and customs thereof uplifted by them and whereof they and their predecessors are, and have been, in use and possession these many years past for maintenance of their bridge over the said River Clyde, and declares that their ancient possession of the customs thereof shall be as sufficient as if the gifts or donations granted to their predecessors of the same were produced in this present parliament, and generally ratifies and approves all and whatsoever other charters, infeftments, confirmations thereof, gifts, donations, mortifications and all other evidents and writs whatsoever made and granted by his majesty or any of his most noble progenitors, kings, queens, princes and stewarts of Scotland, their regents, governors and protectors of this kingdom for the time to, and in favour of, the provost, bailies, council and community of the said burgh of Glasgow, burgesses and inhabitants thereof, of and concerning all and whatsoever lands, houses, buildings, tenements, annualrents, dignities, offices, liberties, privileges, kirks, chapels, chaplainries, altarages, prebendaries, duties and annualrents whatsoever belonging thereto, trons, waters, rivers, bridges and customs belonging to the same, admitting, declaring and ordaining that this present ratification and generality thereof is, and shall be, as good, valid and sufficient to them and their successors in all time coming as if every particular writ and evident granted to them thereupon were particularly and at length word for word engrossed and inserted herein; concerning which, and with all that may be objected there against, his majesty and estates foresaid of this present parliament have dispensed and, by this act, dispense for ever, with express declaration always, likewise our said sovereign lord and estates foresaid by this present act declare, statute and ordain that the charters, infeftments, acts, decreets and other rights and securities, specially and generally above-mentioned, granted to the said burgh of Glasgow with this present ratification thereof, shall in no way be prejudicial nor hurtful to his majesty's dearest cousin and councillor James [Stewart], duke of Lennox, his heirs and successors, regarding the heritable right and infeftment of the office of bailiary and justiciary of the barony and regality of Glasgow and all the parts thereof, as well within as outwith the burgh of Glasgow, but that, notwithstanding of the said charters, infeftments and other rights specially and generally above-mentioned, and this present ratification thereof, his highness's said dearest cousin and councillor James, duke of Lennox, his heirs and successors shall possess, enjoy, use and exercise the said office of bailiary and justiciary of the barony and regality of Glasgow above-written and all the parts thereof as well within as outwith the burgh of Glasgow, and shall uplift and intromit with the fees, casualties, commodities and duties belonging to the said office of bailiary and justiciary of the said barony and regality of Glasgow likewise and as freely in all respects as if the charters, infeftments and other rights specially and generally above-mentioned, and this present ratification thereof, had never been made nor granted, as likewise with this express declaration: likewise our said sovereign lord and estates foresaid, by this present act, and also with consent of the provost and one of the bailies of the said burgh, in name of the remaining whole council and community of the said burgh of Glasgow, declares, statutes and ordains that the charters, infeftments, decreets, acts, possessions and other rights and securities specially and generally above-mentioned, granted to the said burgh of Glasgow with this present ratification thereof, shall in no way be hurtful nor prejudicial to the right reverend father Patrick [Lindsay], archbishop of Glasgow and his successors regarding his and their right of the election and nomination of the magistrates of the burgh of Glasgow, nor regarding the right of any lands, teinds, privileges, liberties or others whatsoever pertaining to the archbishop of Glasgow and his successors. And lastly with express declaration that this present ratification shall be in no way prejudicial to the liberties, privileges and immunities of the University of Glasgow, but that the same shall be reserved to them with the lands, tenements, yards and others appertaining thereto according to the ratification granted to them in this present parliament and to the declarations and reservations expressed in the same ratification and no otherwise.
[1633/6/101]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that his highness's late dearest father, King James VI, of worthy and eternal memory, upon diverse good causes and considerations moving him, with advice of the lords of his secret council, did create and erect the burgh of Culross, being a free burgh of barony of before, in a free burgh royal and endowed the same with diverse and sundry privileges, liberties and freedoms mentioned in the charter and infeftment of the said burgh under the great seal of the date 5 June 1592, and thereafter that same day in the parliament then held at Edinburgh, his highness's said late dearest father and estates of that parliament, in consideration thereof and seeing the said erection and creation of the said burgh as said is in a free burgh royal was done upon good considerations tending to the increase of policy and augmentations of his highness's patrimony, ratified and approved the said infeftment and whole privileges, conditions, clauses and provisions thereof, determining and declaring the same infeftment to be as valid and sufficient as if the said burgh, lands and others specified therein had been specially dissolved in the act of the annexation of the kirklands to the crown, and further dissolved the said burgh, lands, acres, tenements and all other privileges, liberties and pertinents thereof and others specified therein to the effect the same, if need be, might of new have been erected in a free burgh royal by his majesty and an infeftment granted thereupon after the form and tenor of the infeftment above-specified, providing always that the said ratification was not hurtful or prejudicial to Robert Bruce of Blairhall and Walter Callander of Boildy, as in the said infeftment and ratification thereof respectively at more length is contained. Therefore, and for the well of the said burgh, privileges, liberties and freedoms thereof whatsoever thereto appertaining, our said sovereign lord and estates of this present parliament ratify and approve the said infeftment of erection of the said burgh of Culross, which sometime was a burgh of barony, in the said free burgh royal and all and sundry privileges, liberties and freedoms therein granted for the well of the said burgh and tending to the increase of policy and augmentation of his highness's patrimony and the said ratification thereof above-mentioned, decerniture, declaration and dissolution above-written contained therein, and new erection of the said burgh in a free burgh royal if any be granted or to be granted thereupon, and infeftment following or to follow upon the same after the form and tenor of the infeftment above-specified and upon the provision above-written in all and sundry the heads, points, clauses, articles and conditions thereof, and after the forms and tenors of the same in all points. And in like manner our said sovereign lord and estates foresaid of this present parliament ratify and approve the demission, resignation and relinquishment made, given and granted by the late Alexander [Colville], commendator of the abbey of Culross and convent of the same, of the date 2 [...] 1588, whereby the said commendator and convent, upon the good considerations therein contained, by themselves or their procurators therein contained, in their name, demitted, resigned and gave over the whole final teinds appertaining of before to the vicarage of the abbacy and benefice of Culross, such as teind lambs, teind wool, teind lint, teind leiks† and other small teinds and duties used to be paid of before, and that in favour of the late Master William Home, then schoolmaster of the grammar school within the said abbey of Culross, and his successors that should happen to occupy the said office for the time, and the gift, donation and disposition therein contained granted thereupon by his said late dearest father of worthy and eternal memory in favour of the said late Master William Home and his successive masters of the said grammar school, making continual residence within the foresaid abbey or burgh of Culross in time coming, of the said vicarage teinds, dated 1 April 1589, under the privy seal, and the other gift, donation and disposition therein contained made, given and granted by his highness's said late dearest father of worthy memory, under the privy seal, of the date 2 February 1603, whereby his said late highness, upon the good considerations therein contained, gave, granted and conveyed to Master John Fairfoul, then master of the said grammar school within the said abbey during his lifetime, and to his successive masters of the said grammar school, all and sundry the said vicarage teinds of the said parish kirk of Culross pertaining to the said abbey thereof, with all and sundry teinds, emoluments, rents and duties whatsoever pertaining and belonging thereto, such as teind lamb, teind wool, teind lint, teind leiks and other teinds and duties whatsoever used to be paid thereof of before, then vacant in his said late highness's hands by the decease of the late Master David Ewing, then last schoolmaster thereof, or by whatsoever other manner of way the same became vacant or fell in his said late highness's hands, in all and sundry the heads, points, clauses, articles, provisions, conditions and circumstances therein contained, and after the forms and tenors thereof in all points but contradiction. And also, our said sovereign lord and estates foresaid of this present parliament, considering the great hurt and prejudice heretofore sustained by his majesty's lieges who poind and apprise any goods or gear within the parish and lordship of Culross through their being forced according to the laws of this realm to carry and transport the same to the market cross of Perth, head burgh of the sheriffdom within the which the said lordship and parish lies, and so [...] miles distant between the said burgh of Perth and them, by the which poindings and apprisings of the goods and gear within the said parish and lordship at the said market cross of Perth, his majesty's lieges, users thereof, so far distant are put to exorbitant and extraordinary charges and expenses and the goods thereto carried and transported to be poinded are wrecked and made of no or little value, through which not only the persons, users of the said poindings, are heavily hurt through their travail and extraordinary charges, but also the persons from whom the said goods are poinded are heavily damnified in carrying and transporting of the said goods so far, destroying and abusing them in their travel and so thereupon apprising the same within the value. And therefore, our said sovereign lord and estates foresaid, for the well of his majesty's said lieges, considering the burgh of Culross to be a burgh royal and very near and commodious for poinding of any goods or gear which shall happen to be poinded within the said parish and lordship of Culross at the market cross of the said burgh of Culross in time coming, ordains that whatsoever goods or gear shall happen to be poinded within the said parish and lordship of Culross and bounds thereof in time coming, that the same shall be carried and transported to the market cross of Culross and poinded and apprised thereat, according to the order and laws of this realm, and in no way hereafter at the said market cross of Perth. Declaring, likewise by this act our said sovereign lord and estates foresaid declare, that the poinding of any goods or gear within the said parish and lordship of Culross at the said market cross of the said burgh of Culross shall be as valid, effectual and sufficient as if the same were made and done at the said market cross of Perth, head burgh of the sheriffdom wherein the said parish and lordship lies, notwithstanding the same be not so done; concerning which, our said sovereign lord and estates foresaid have dispensed and by this act dispense for ever, and that publication be raised hereupon and published and used at the said market cross of Perth and other places needful that his majesty's lieges pretend no ignorance hereof in time coming. Moreover, our said sovereign lord and estates foresaid of this present parliament, considering that the abbey kirk of Culross has been the kirk wherein the cure has been served by preaching of the word of God, celebrating the holy communion and exercising and using of other ecclesiastical discipline since the reformation, and that the kirk, called the parish kirk of Culross, is an old kirk wherein service is not, nor has not, been used since memory of man and is altogether ruinous, decayed and fallen down in diverse parts, so that the said abbey kirk of Culross is the most apt and fit kirk for serving of the cure thereat in time coming, and be reputed and held the ordinary parish kirk for that effect in all time hereafter, therefore our said sovereign lord and estates foresaid in this present parliament have erected and by this act erects the said kirk called the abbey kirk in a free parish kirk to the said burgh of Culross, parishioners and inhabitants within the said parish thereof, to be called in all time coming the parish kirk of Culross, so that the inhabitants within the bounds thereof shall in no way be astricted hereafter to the said old kirk, called the parish kirk of Culross, nor discipline thereof, and upheld the same to that effect, but shall only be subject to the discipline to be used at the said abbey kirk of Culross, now to be called the parish kirk thereof in all time coming, and wills and grants and for his highness and his successors decrees and ordains that the said abbey kirk, now to be called the said parish kirk of Culross, shall have, possess and enjoy the like privilege, immunity and liberty as the said old kirk, called the parish kirk, had at the foundation thereof or granted thereto in any time bygone, with the stipend due to the said old parish kirk to be paid to the minister present and to come serving the cure at the said new erected kirk and other freedoms, liberties, easements and privileges whatsoever, such as manse and glebe appertaining to the said old kirk, in time coming for now and ever, without contradiction or impediment.
[1633/6/102]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of this present parliament ordain a ratification to be made therein to, and in favour of, his highness's beloved provost, bailies, council and community of the burgh of Haddington and their successors, ratifying, approving and, for his highness and his successors, perpetually confirming, likewise by the tenor hereof our said sovereign lord and estates of parliament ratify, approve and, for his highness and his successors, perpetually confirm, the infeftment and charter made and granted by his majesty's late dearest father James, by the grace of God, king of Great Britain, France and Ireland, defender of the faith, of eternal memory, with advice and consent of his highness's principal treasurer, treasurer depute and other lords of secret council, his highness's commissioners appointed for governing of his highness's rents and casualties of this realm for the time, to, and in favour of, the said provost, bailies, council and community of the said burgh of Haddington and their successors, whereby our said deceased late sovereign lord, his highness's dearest father of worthy memory, with advice and consent foresaid, for the causes therein contained, has not only ratified, approved and, for his highness and his successors, perpetually confirmed all and sundry all infeftments, erections, mortifications, charters, donations, titles, licences and privileges whatsoever made and granted by his majesty's said late dearest father and his most noble progenitors to the said burgh of Haddington, burgesses and inhabitants thereof and their predecessors and successors, with all lands as well property as commonty, kirklands, annualrents belonging to them, privileges and immunities contained therein and whole contents therein contained, and all privileges, immunities, fairs, markets and other liberties which they then, or of old, had and whereof they were in possession of whatsoever date or dates, tenor or contents the same be of which are held as for expressed in the said charter. But also our highness's said late dearest father of worthy memory, with advice and consent foresaid, had of new made, constituted, created, erected and incorporated all and whole the said burgh of Haddington, with all and sundry lands, houses, buildings, yards, acres, wastes and others lying within the burgh ruids and territory of the said burgh, with all and sundry other lands, muirs, lochs, meadows, acres and others pertaining to the said burgh, as well in property as commonty, in a whole and free burgh royal to be called in all time coming, as of before, the burgh of Haddington. And whereby his highness's said late dearest father of worthy memory, with consent foresaid, has given, granted, and for his highness and his successors perpetually confirmed to the said provost, bailies, council and community of the said burgh and their successors present and being for the time heritably all and whole the Muir of Gladsmuir, with the pertinents and common gate leading thereto, lying near the liberty and territory of the said burgh, within the sheriffdom of Edinburgh and constabulary of Haddington (excepting and reserving always to and in favour of Thomas [Hamilton], then earl of Melrose, now earl of Haddington, lord Byres and Binning, then president of the college of justice and secretary to his highness's said late dearest father, his male heirs and successors, these parts of the said Muir of Gladsmuir specially mentioned in the said charter pertaining to him heritably, and thereby excepted and reserved to him and his foresaids in manner therein contained). As also gave, granted and conveyed to the said provost, bailies, burgesses, council and community of the said burgh and their successors present and being for the time, all and whole these acres of land called Ranfeglenis Acres, and two acres of land called Hangman's Acres, and all and whole the two corn mills of the burgh of Haddington, with the multures and sequels thereof, mill haughs and mill lands of the same, and all and whole the port of Aberlady lying in the bosom of Peffer Water and common gate leading to the said port, together with the house of the said burgh situated by the said port and shore thereof, commonly called the town of Haddington's house, with the anchorage monies and other privileges, customs, profits and duties of a free port, with the market weekly upon Saturday and two public free yearly fairs, the one thereof to be held yearly in the feast of St Peter [29 June] next and immediately following the feast of St John the Baptist [24 June], called Midsummer, and thereafter continuing by the space of eight days, and the other of the said three fairs to be held yearly within the said burgh and all other places thereabouts used and wont, beginning yearly 29 September and thereafter to continue and endure for the space of another eight days, to be called Michaelmas Fair in all time coming, with all tolls, customs and other privileges, liberties and immunities of old belonging to the said burgh of Haddington, together with all and sundry lands, annualrents and possessions whatsoever pertaining to the said burgh of before, and with the office of sheriffship within the said burgh, liberty and territory thereof, which burgh of Haddington and the said tenements, acres, annualrents, free port, anchorage, tron house, office of sheriffship and others above-written pertained of before to the said burgh of Haddington, and which Muir of Gladsmuir pertained of before to the said burgh of Haddington, and to the said Thomas, now earl of Haddington, and were lawfully resigned by them and their procurators in their names in the hands of his highness's said late dearest father and his commissioners in his majesty's name, in favour and for the said infeftment thereof to be made and given by his highness's said late dearest father to the said provost, bailies, burgesses, council and community of the said burgh of Haddington and their successors, in manner therein contained. And whereby his highness's said late dearest father of worthy memory, for the causes therein contained, of new gave, granted and conveyed to the said provost, bailies, council and community of the said burgh of Haddington, and their successors present and to come, all and whole the said burgh of Haddington, and all and whole the said Muir of Gladsmuir, with the pertinents lying as said is (excepting and reserving to the said Thomas, earl of Haddington and his foresaids the parts and portions of the said muir therein excepted and reserved as said is), and also all and whole the said acres called Ranfeglenis Acres, the said two acres called Hangman's Acres, and all and whole the said two corn mills of the said town of Haddington, with the multures and sequels thereof, mill haughs and mill lands of the same, and of all and whole the said port of Aberlady in the said bosom of the said water of Peffer and common way leading thereto, together with the said burgh house, called the town house, situated beside the said port and shore of the town of Aberlady, commonly called the house of the burgh of Haddington, with the anchorage monies and other privileges, customs, profits and duties of a free port, together also with all and sundry other privileges, annualrents and possessions whatsoever pertaining and belonging to the said burgh in any time bygone, and making, constituting and ordaining the said provost and bailies of the said burgh of Haddington and their successors sheriffs of Haddington within the burgh, liberty and territory thereof, with ample powers and privileges to the said provost, bailies, council and community of the said burgh and their successors regarding the said burgh and others above-written in manner contained in the said charter, to be held of his highness's said late dearest father and his successors in free burgage, fee and heritage for ever, as the said charter under the great seal of the date 30 January 1624 at more length purports, with the precept of sasine following thereupon, under the testimony of the said great seal of the same date, and instrument of sasine following thereupon of the date [...] day of [...] 162[...], in all and sundry the heads, points, passes, clauses, articles, circumstances and conditions therein contained, and after the form and tenor thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for his highness and his successors, decree and ordain that this present general ratification of the said infeftment, charter, precept and sasine above-written is, and shall be, of as good force, strength and effect to the said provost, bailies, council and community of the said burgh of Haddington and their successors for possessing and enjoying of the said burgh lands, muir, acres, mills, mill lands, mill haughs, office of sheriffship, port, harbour, anchorage, money, townhouse, gates, passages and all other privileges, liberties, immunities, customs, commodities, casualties and others foresaid pertaining and belonging to the said burgh, with all other lands and annualrents pertaining and belonging to the said burgh and whole privileges and liberties thereof specially and generally contained in the said infeftment, and others whatsoever pertaining and belonging to a free burgh royal, as if the said charter, precept and sasine were all at length word for word engrossed, inserted and contained in the said ratification; concerning which, and with all other defects and imperfections which may be proposed against the said charter, precept and sasine or any of them or this present ratification thereof and validities of the same, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever. And because by the said infeftment there is only power and privilege given and granted to the provost, bailies, council and community of the said burgh of Haddington and their successors to have and to have had therein a market day weekly upon Saturday, which weekly market is not able to furnish the said burgh and his highness's lieges resorting thereto in fresh meat and other necessary commodities from the one market day to the other, being eight days between, specially in the summer season, the said burgh of Haddington, being a burgh that lies in the highway between London and Edinburgh, in which has countrymen and strangers going and coming continually now repairs, therefore, and for the better furnishing of the said burgh and enabling of them to serve his majesty and lieges dwelling therein and resorting thereto at all times, our said sovereign lord and estates of parliament give and grant power and liberty to the said provost, bailies, council, burgesses, inhabitants and community of the said burgh of Haddington and their successors to have and to have had another market weekly in the said burgh on Wednesday in all time coming, in addition to the said market which they have weekly on Saturday, and that also as freely and in the same manner as the said market is held weekly within the said burgh on Saturday, and to receive and collect the tolls, customs and other duties and commodities of the said Wednesday market and to use all the privileges of the said Wednesday market likewise and as freely as they do on the said Saturday market; concerning which, this act shall be a sufficient warrant to the said provost, bailies, council, burgesses, inhabitants and community of the said burgh and their successors and all other persons resorting and frequenting to the said burgh and markets thereof in all time coming, and ordains publication to be granted hereupon to that effect in due form as appropriate.
[1633/6/103]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of this present parliament ordain a ratification to be made therein to and in favour of the provost, bailies, council and community of the burgh of Burntisland and their successors, ratifying, approving and, for his highness and his successors, perpetually confirming the infeftment and charter made, given and granted by our said sovereign lord, for himself and as now lord of the lordship of Dunfermline, and having undoubted right to the whole lands and rents belonging thereto, with advice and consent of his highness's principal treasurer, treasurer depute and other lords and others of his highness's exchequer of Scotland, his majesty's commissioners, to and in favour of the said provost, bailies, council and community of the said burgh of Burntisland and their successors, whereby our said sovereign lord, with advice and consent foresaid, for the causes contained therein, has not only ratified, approved and confirmed all and sundry infeftments, erections, gifts, acts of parliament, rights, titles and securities whatsoever with all and sundry privileges, liberties, easements, commodities and immunities whatsoever therein contained made and granted by his highness's late dearest father James, king of Great Britain, France and Ireland, defender of the faith, of worthy memory, the late Mary, queen of Scots, his grandmother, and the late King James V, his great-grandfather, or any of them, their regents or governors for the time, or by any other of his highness's predecessors, or by any of the abbots of Dunfermline for the time, to and in favour of the said burgh of Burntisland, provost, bailies, council and community thereof, to remain with them and their successors perpetually in all time coming, but also our said sovereign lord, for himself and as now lord of the said lordship of Dunfermline, of his highness's kingly power and authority regal, with advice and consent foresaid, has of new given, granted and conveyed to the said provost, bailies, council and community of the said burgh of Burntisland and their successors heritably all and whole his highness's said burgh of Burntisland, whole lands, tenements, burgh ruids and commonties thereof and all their pertinents lying within the sheriffdom of Fife, bound and limited in manner specially and particularly specified and set down in the said charter, together with the port and harbour of the said burgh of Burntisland, called the Port of Grace, with the indraught thereof and primegilt of all ships coming to the said port and liberty of the said burgh to be taken up and collected by the provost and bailies of the said burgh in all time coming, together with the [...] tolls, customs, fees, bolls and others whatsoever pertaining to a free burgh royal and all their pertinents; as also of new erecting the said burgh of Burntisland, with the port and harbour thereof foresaid, and all and sundry the commodities and pertinents thereof in a free burgh royal, and making and constituting the said provost and bailies of the said burgh of Burntisland and their successive provost and bailies thereof, water bailies within all the bounds, limits, liberty and jurisdiction of the said burgh for administration of justice in all and whatsoever causes and actions which in time coming, either by sea or land, shall occur within the bounds and limits foresaid, concerning as well the inhabitants of the said burgh as strangers, with ample power and privilege of buying and selling of all sort of merchandise, staple goods, fairs, markets and other liberties and privileges at length specified and set down in the said charter, to be held by the said provost, bailies, council and community of the said burgh of Burntisland and their successors, of our said sovereign lord and his highness's successive kings of Scotland, in free burgage and free burgh royal for ever, as the said charter of the date 19 February 1632 at more length purports, with the precept of sasine following thereupon under the testimony of his highness's great seal of the same date, and the instrument of sasine following thereupon of the date 27 July 1632, under the sign and subscription of Master Andrew Wilson, notary public, in all and sundry the heads, points, clauses, articles, circumstances and conditions therein contained and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for his highness and his successors, perpetually decree and ordain that this present ratification of the said infeftment, charter, precept and sasine following thereupon is and shall be as effectual and sufficient and of as great strength, force and effect to the said provost, bailies, council and community of the said burgh of Burntisland and their successors for possessing of the said burgh lands, tenements, burgh ruids, commonties, tolls, customs, fees, bolls, port, harbour, office of water bailiary, markets, fairs and whole other privileges and liberties therein contained and pertaining to a free burgh royal, as if the said charter, precept and sasine were all at length word for word engrossed, inserted and contained in the said ratification, notwithstanding the same shall not be so done; concerning which, and with all other defects and imperfections of the said ratification, our said sovereign lord and estates of parliament shall dispense and, by this ratification, dispense for ever, and that the said ratification be further extended in the best form with all clauses necessary.
[1633/6/104]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament now presently convened, ratifies and approves and, for his highness and his successors, perpetually confirms the charter and infeftment, ratification and new erection therein contained granted by our sovereign lord's late dearest father, King James VI, of happy and blessed memory, under his highness's great seal, to the provost, bailies, council, community, burgesses and inhabitants of the burgh of Banff and their successors, of the said burgh of Banff, with all and sundry houses, tenements, buildings, yards, acres, wastes, tofts, crofts and others lying within the burgh ruids and territory of the same, with the fishings, weekly markets, free fairs, tolls, customs, privileges, liberties, immunities, casualties and other immunities specially and particularly at length mentioned, inserted and contained in the said charter and infeftment, as the same of the date at Edinburgh, 5 July 1592, together with the precept of sasine directed forth of his highness's chancellery under his highness's quarter seal of the date of the said charter, with the instrument of sasine following thereupon of the date 23 December 1592, in all and sundry the heads, points, clauses, articles, circumstances and conditions therein contained and after the forms and tenors thereof in all points. Likewise our said sovereign lord, with advice and consent of the said estates of this present parliament, wills and grants and, for his highness and his successors, perpetually decrees and ordains that this present ratification is and shall be as valid, sufficient and effectual to the said provost, bailies, council, community, burgesses and inhabitants of the said burgh of Banff and their successors as if the said charter and infeftment, ratification and new erection therein contained, with the whole privileges, liberties and immunities therein mentioned, with the said precept and instrument of sasine following thereupon, were all herein at length word for word specially and particularly engrossed and contained; concerning which, our said sovereign lord, with advice and consent foresaid, for his highness and his successors, has dispensed and by this act dispenses for ever.
[1633/6/105]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament have ratified, approved and confirmed and, by the tenor hereof, ratify, approve and confirm the charter and infeftment of erection of the town and lands of Pittenweem, with the pertinents, lying within the sheriffdom of Fife, in a free burgh regal granted by his majesty's late dearest great-grandfather, King James V, of happy and blessed memory, to the late John, prior of Pittenweem and convent thereof, under the great seal, of the date at St Andrews, 24 February 1[540], and of his highness's reign the 28th year, together with the two charters and infeftments granted by the said late John, prior of Pittenweem and convent of the said priory, to the provost, bailies, council, community, burgesses and inhabitants of the said burgh of Pittenweem, of all and whole the said burgh of Pittenweem as the same was then built, or to have been built, and was created to the said prior and convent in the said burgh regal as said is, and of the roadstead, port, shelter and harbour thereof, and all and sundry muirs, mosses, waste ground, common ways, lones and other commonties, liberties, immunities, customs, anchorages, privileges and commodities pertaining and belonging thereto at length expressed and set down in the said charters, which are of the date 12 February 1547, with the precepts and instruments of sasine respectively following thereupon, together also with the charter and infeftment granted by his majesty's late dearest father, King James VI, of happy memory, to the bailies, council, burgesses and community of the said burgh of Pittenweem and their successors, of all and whole that great house or lodging of the monastery of Pittenweem lying within the burgh thereof foresaid, at length designed in the said charter, which is of the date 25 July 1593, with the precept and instrument of sasine following thereupon, in all and sundry heads, points, articles, clauses, circumstances and conditions of the said charters, infeftments, precepts and instruments of sasine respectively; and will, grant and declare that this present general ratification and approbation thereof is, and shall be, as valid, effectual and sufficient to the said provost, bailies, council, community, burgesses and inhabitants of the said burgh of Pittenweem and their successors as if the same charters, infeftments, precepts and instruments of sasine respectively, and every one thereof, were at length word by word engrossed and set down therein, regarding the which and all faults and imperfections thereof, or that may be proposed or alleged in the contrary, or of this present general ratification and approbation of the same, his majesty and estates foresaid have dispensed and, by this ratification, dispense for ever. Moreover, forasmuch as the priory of Pittenweem was erected by his majesty's said late dearest father to the late Frederick Stewart, lord Pittenweem, in a temporal lordship called the lordship of Pittenweem, which thereafter was conveyed by the said late Frederick to Thomas [Erskine], earl of Kellie, who was infeft therein, held of our said sovereign lord, which Thomas, earl of Kellie since, according to the general submission regarding the superiorities of erection, with consent of the late Alexander [Erskine], lord Fentoun, his son, at the least they both resigned and surrendered the superiority of the said erected lordship of Pittenweem in the hands of our said sovereign lord, to remain perpetually, so that his highness is now become in place of the old priors and of the late lords of erection of Pittenweem, and thereby has good and undoubted right to the superiority thereof. And now his majesty and estates foresaid, considering that the said burgh of Pittenweem bears burden with the burghs royal of this his majesty's kingdom of Scotland, and that it is most fit and expedient that the same be also erected in a burgh royal in respect the same is very populous, and has a good and safe harbour already built upon the charges and expenses of the inhabitants of the said burgh, therefore our said sovereign lord and estates of this present parliament have erected, constituted, created and ordained and, by the tenor hereof, erect, constitute, create and ordain the said burgh of Pittenweem comprehending the whole houses, tenements, lands and commonties lying between the burgh of Anstruther Wester on the east, the lands of St Monance and Abercrombie on the west, and the lands of Balcaskie and Grangemuir on the north (excepting always the commonties on the east of the march stones pertaining to Anstruther Wester and mill town), in a whole and free burgh royal, to be called now and in all time coming hereafter the burgh of Pittenweem; and declare, statute and ordain the said burgh of Pittenweem, comprehending the houses, tenements, lands and commonties foresaid, now to hold immediately of our said sovereign lord and his highness's successors likewise and as freely in all respects as any other burgh royal within this kingdom are held, and to have vote in parliament, conventions of estates and general councils and commissions of burghs and in all other lawful meetings and assemblies where burghs royal of this kingdom have place of sitting and voting; and, if need be, ordain a charter and infeftment to be completed thereupon under his highness's great seal in such due, large and ample form and manner as is requisite and as has been in use to be granted to any other burgh royal within this realm containing all privileges, freedoms, liberties and immunities due thereto. In the parliament held at Edinburgh, 28 June 1633, compeared by their procurators Thomas, earl of Kellie and Thomas [Erskine], now lord Fentoun, and protested that neither the signature and right granted or to be granted by our sovereign lord in favour of the town of Pittenweem for erecting of the same in a free burgh nor the ratification passed or to be passed by his majesty at this present parliament in favour of Sir William Anstruther of that Ilk, knight, of and concerning the Mill of Pittenweem, shall in no way be hurtful and prejudicial to them or any of them regarding the rights and securities made and granted by his majesty and his predecessors of before in favour of the said Thomas, earl of Kellie and the said Thomas, now lord Fentoun, of the lands and lordship of Pittenweem and Anstruther Wester. Which protestation our said sovereign lord and estates of this present parliament have admitted and by this act admit.
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Our sovereign lord and estates of this present parliament ordain a ratification to be made therein to, and in favour of, his highness's beloved bailies, council and community of the burgh of Selkirk and their successors, ratifying, approving and for his highness and his successors perpetually confirming, likewise by the tenor hereof our said sovereign lord and estates of parliament by this act ratifies, approves and, for his highness and his successors, perpetually confirms the particular and separate charters underwritten, namely: one thereof made, given and granted by the late King James V of worthy memory to the burgesses and community of the said burgh of Selkirk, under the great seal, of the date at St Andrews, 4 March 1535, whereby the said late King James V, for the reasonable causes therein contained, of new infeft, gave, granted and for ever confirmed to the said burgesses and community of the said burgh of Selkirk the same burgh of Selkirk in a free burgh as the same was of before in manner mentioned in the said charter in all time coming, with all and sundry common lands and possessions whatsoever pertaining to the said burgh with ample liberties and privileges contained therein, to be used and possessed by the said burgesses and community of the said burgh as freely and in the same manner as any other burgh within the kingdom of Scotland exercises and possesses the liberties thereof, to be held of the said late King James V and his successors in free heritage and free burgage for payment of the burgh mails and duties used and wont to be paid out thereof of before; another of the said charters, likewise made, given and granted by the said late King James V of worthy memory to the said burgesses and community of the said burgh of Selkirk, under the great seal, of the date at Edinburgh, 8 April 1538, ratifying and approving therein the said former charter specially above-mentioned, and also thereby the said late King James V has of new infeft, given and conveyed to the said burgesses and community of the said burgh of Selkirk the same burgh of Selkirk in a free burgh as of before for ever, with all and sundry common lands, privileges and possessions whatsoever belonging thereto, and at length specified in the said former charter above-written; and another charter also made, given and granted by the said late King James V of worthy memory to the said bailies and community of the said burgh of Selkirk and their successors, under his highness's great seal, of the date at St Andrews, 2 October 1540, whereby the said late King James V gave, granted and committed to the said bailies and community of the said burgh present and to come and their successors certain liberties, licences and privileges mentioned in the said charter, as the said three separate charters of the dates respectively foresaid in themselves more amply purport, with all and sundry precepts of sasine and instrument of sasine following upon the said charters or any of them of whatsoever date, tenor or contents the same be of, and all and whatsoever other charters, infeftments, precepts, sasines, confirmations, acts, sentences, decreets, exchequer rolls, rights, titles and securities, letters, writs, evidents, donations, gifts, liberties, commodities, immunities and privileges therein contained made, granted or confirmed by his highness's late dearest father of worthy memory or any other of his majesty's most noble progenitors, kings or queens of Scotland, their regents or governors for the time, to the said burgh of Selkirk, bailies, burgesses and inhabitants of the same, their predecessors or successors, of, upon and concerning the said burgh of Selkirk, lands, rents, possessions, mills, multures, commonties, markets, fairs, customs, office of sheriffship, privileges and liberties whatsoever pertaining and belonging thereto, or of any of them or any part thereof of whatsoever form or forms, content or contents, date or dates the same be of, in all and sundry the heads, points, passes, clauses, articles, circumstances and conditions therein contained, and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for his highness and his successors, decree and ordain that the generality of the said ratification is, nor shall be, in no way hurtful nor prejudicial to the speciality thereof above-specified, nor by the contrary the said speciality in no way to be prejudicial to the generality foresaid; as also will, grant, decree and ordain that this present ratification is and shall be of as great force, strength and effect to the said bailies, council, burgesses, and community of the said burgh of Selkirk and their successors for possessing and enjoying of the said burgh of Selkirk and all and sundry the lands, possessions, mills, multures, markets, fairs, tolls, customs and all other liberties, privileges, immunities and others belonging thereto, as if the said whole infeftments and other rights specially and generally above-written made to them and their predecessors thereupon were at length word for word specially and particularly herein inserted and contained, notwithstanding that the same be not so done; concerning which, our said sovereign lord and estates of parliament have dispensed and, by this act, for his highness and his successors, dispense for ever, and that the said ratification be further extended in due form with all clauses necessary with special provision always. Likewise it is hereby specially provided that this present ratification nor no head nor condition hereof shall in no way be hurtful nor prejudicial to [Robert Ker], earl of Roxburghe and his tenants, nor to the heritors and possessors of any part of the lands belonging to the sometime abbacy of Kelso, as also Andrew Riddell of Haining regarding their right and possession of any part of the common called the common of Selkirk, but that the said rights and possession shall be specially reserved according to the law. And likewise that the same shall in no way be hurtful or prejudicial to William [Douglas], marquis of Douglas, nor to Sir [James] Murray of Philiphaugh, knight, their tenants, heritors and possessors of any part of the lands called the common of Selkirk, but that the said rights and possession shall be reserved to them as of before notwithstanding of the said ratification.
[1633/6/107]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, having consideration of the true and thankful service done to his majesty and his most noble progenitors of most blessed memory by the burgh and town of Ayr, ordain an act to be made ratifying and approving and, for his highness and his successors, perpetually confirming that charter and infeftment of the date at Whitehall, 15 March 1621, given and granted by his majesty's late dearest father, King James VI, of blessed memory, in favour of the provost, bailies, councillors and community of the burgh of Ayr and their successors, confirming to them their first original charter granted to them by his highness's most noble predecessors the late William, king of Scots, of most blessed memory, of the town and burgh of Ayr, whole privileges and immunities therein contained, as likewise that charter and infeftment granted to them by the late Robert [III], king of Scots, whereby he has conveyed to the burgesses and inhabitants of the said burgh of Ayr and their successors the same burgh of Ayr, with all and sundry lands pertaining thereto, and with the port or harbour thereof and fishings of the same, customs, mills, multures, free fairs, market days and others therein contained, of the date 12 September 1400, together with all and sundry other infeftments, charters, donations and dispositions whatsoever made and granted by his majesty's said late dearest father, or any of his most noble progenitors, to the said burgh of Ayr of all and whatsoever lands, baronies, mills, multures, free port customs, fishings, offices, free fairs, market days, liberties and privileges whatsoever contained therein, bearing likewise a dispensation touching the generality and determining the same to be as valid as if every particular charter and writ had been at length word for word inserted therein; and containing likewise therein a new gift by his majesty's said late father in favour of the said town of Ayr of the same burgh, with all and sundry lands, baronies, mills, multures, customs, fishings, annualrents and other rights, privileges and pertinents whatsoever pertaining thereto and specified in their whole former infeftments and writs, and making them and their successors heritable sheriffs and justiciaries of peace within the said burgh and whole bounds and marches thereof for ever in all time thereafter, conveying to them the whole liberties and privileges belonging to the said offices, as in the said charter under the great seal containing diverse other heads and conditions at more length is contained, together with all and sundry other charters, infeftments, gifts, dispositions and others whatsoever made and granted by our said sovereign lord or by his highness's said late dearest father or any other of his majesty's most noble progenitors, kings and queens of Scotland, to and in favour of the said burgh and inhabitants thereof of the same or of whatsoever lands, baronies, mills, multures, free ports or harbours, customs, fishings, annualrents, offices of sheriffship and justiciary, other offices whatsoever, free fairs, market days, liberties, privileges, escheats, amercements and others whatsoever pertaining and belonging thereto, or whereof they or their predecessors have been or may be in possession or in any way set down and contained in their or any of their infeftments of the said burgh of whatsoever dates, tenor or contents the same be of, in all and sundry heads, clauses, articles, obligations, points, passes, circumstances, articles and conditions of the same whatsoever specified and contained therein, dispensing with the generality above-written, and admitting, determining and declaring the same to be as valid and sufficient and of as great force and strength in all respects as if every particular charter and infeftment or other writ were specially at length word for word inserted herein. Likewise our said sovereign lord and estates foresaid of this present parliament will, grant, declare, statute and ordain that the said provost, bailies, council and community of the said burgh of Ayr and their successors shall peaceably hold, enjoy and possess the foresaid burgh, with all and sundry lands, baronies, mills, multures, free ports or harbours, customs, tolls and others particularly and generally above-mentioned, pertaining or that in any way may be known to pertain and belong thereto at their pleasure as their heritage as freely in all respects as any other burgh within this realm, after the form and tenor of the infeftments particularly and generally above-written, granted to them and their predecessors relating thereto perpetually in all time coming, without any stop, trouble or impediment whatsoever to be made or moved in the contrary by any person or persons whatsoever, notwithstanding of any defect and infirmity if any be contained in the said infeftments and donations or either of them; concerning which, our said sovereign lord, for his highness and his successors, with advice and consent of the said estates of parliament, has dispensed and dispenses, ordaining the foresaid act to be a sufficient supplement of all faults and defects if any be contained in the said infeftments and against all action and questions whatsoever that can be made or moved in the contrary. And our said sovereign lord, with advice and consent of the said estates, decrees and ordains this present act to be inserted and registered in the books of parliament, and to have the strength, force and effect of a law and statute of parliament with all execution to follow thereupon in the appropriate form, and letters of horning if need be are to be directed upon a simple charge of 10 days only.
[1633/6/108]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, by the tenor hereof, ratifies and approves the charter made and granted by his majesty's late dearest father of worthy memory, under his highness's great seal, of the date at Holyroodhouse, 1 January 1591, containing a ratification of all and sundry charters, infeftments and confirmations, rights, titles, securities, letters, writs and evidents, donations, concessions, liberties, immunities and privileges therein contained, made, given and granted by his majesty's said late dearest father and his highness's most noble progenitors, kings and queens of Scotland, to the burgh of Inverness, provosts, aldermen, bailies, council and community thereof and their successors particularly and generally mentioned in the said charter, and by the which charter his majesty's said late dearest father of new set in feu ferm to the said provost, bailies, council, burgesses, and community of the said burgh of Inverness and their successors for ever, all and whole the foresaid burgh of Inverness, lands, territories and commonties thereof; and all and sundry the lands, tenements, houses, buildings, kirks, chapels, chaplainries, orchards, yards, acres, tofts, crofts, mills, mill lands, fishings as well of salmon as other fishes, as well in the salt as in the fresh waters, annualrents, fruits, rents, places, mansions, manors, woods, duties, profits, emoluments, kirkyards, ferms, alms, obituaries, anniversaries, commonties, liberties, immunities and others whatsoever, as well ecclesiastic as secular, as well contained and mentioned in the said former charters, infeftments, confirmations, rights, titles, securities, letters, writs, evidents, donations and concessions respectively as lying in the said burgh of Inverness, or in the territories, parish, commonty and liberty thereof, with all and sundry their tenants, tenancies, service of free tenants, fruits, commodities, annexes, connexes, parts, pendicles, privileges and pertinents whatsoever; as also all and sundry the lands of Drakies and forests thereof, the lands of Merkinch with the common pasturage pertaining thereto, called of old Burghaugh, lying between the mount and the water, with the wood park between the height of the said mount and the said haugh, together with all the lands of the said burgh of Inverness called the Barnhills, Claypots and Millfield, and common lands called the Carse, the lands called the Cairnlaws bounded and marched in manner specified in the said charter; as also all and whole the common muir of the said burgh and all and whole the water of Ness, and whole parts on both the sides thereof, between the stone called Clachnaharry and the sea, with all fishings, as well of salmon as white fishes, ports, harbours and cruikes†, privileges, profits and commodities of the said water and of, in and upon the same water on both the sides thereof from the said stone to the sea wherein the said water runs at the fishing called the Stell, and with the fishing of the pool called the Redpool on the west part of the ferry of Kessock, and with all and sundry fishings, as well of salmon as white fishes, and all the ports, harbours, shelters and cruikes, privileges and commodities of the mouth of the said water of Ness, and of, in and upon the said mouth on both the parts and sides thereof, with certain privileges and liberties mentioned in the said charter; and all and whole the ferry of Kessock and landing places thereof, on both the parts and sides of the said ferry and of the said water of Ness and privileges thereof mentioned in the said charter; and likewise all and sundry the mills of the said burgh called the King's Mills, mill lands, sequels and sucken thereof, with the astricted and dry multures of the castle lands and other lands which pertained of old to the said mills, being of old upon the said water of Ness, on the south part of the castle called Canakhilmilne mentioned in the said charter, and the thirlage therein contained. And whereby likewise his majesty gave and granted to the said provost, bailies, council, community and burgesses of the said burgh of Inverness and their successors that they shall be within themselves crownars and shall have within the said burgh the liberty and jurisdiction in all justice ayres and justice courts and other courts whatsoever of crownars to be elected of their fellow burgesses, inhabitants of the same burgh, by the provost, bailies and council thereof and their successors at their pleasure yearly and for so long time as they shall think expedient; and likewise that they shall have within themselves a sheriff of their fellow burgesses, inhabitants of the same burgh, to be elected and chosen by the provost, bailies and council thereof and their successors at their pleasure yearly and for so long time as they shall think expedient, which crownars and sheriffs and their successors, who for the time shall be crownars and sheriffs of the said burgh of Inverness, by the said charter, his majesty's said late dearest father gave full power to have his highness's and his successors' full liberty, power and authority to administrate, rule, exercise and govern offices of crownary and sheriffship within the said burgh of Inverness and liberty thereof, and within the lands, places, waters and others belonging to the said burgh by any manner of way; which charter contains likewise diverse and sundry other heads, donations, concessions, gifts, privileges and immunities at length specified therein in all and sundry heads, points, articles, clauses and conditions thereof whatsoever, after the form and tenor of the same, and declares, statutes and ordains this present confirmation of the charter above-written is and shall be as valid, effectual and sufficient in all respects as if the same charter had been at length and word by word inserted herein, dispensing hereby with the not inserting thereof. Likewise his majesty, with advice and consent foresaid, finds, declares, statutes and ordains that the foresaid charter granted by his majesty's said late dearest father with this present ratification thereof are and shall be sufficient, lawful and valid rights and securities to the said provost, bailies, council, burgesses, community and inhabitants of the said burgh and their successors for possessing and enjoying perpetually in all time coming of the whole lands, tenements, fishings, ports, harbours and others privileges and pertinents particularly and generally mentioned and expressed in the said charter, which are and shall be held as particularly repeated and inserted herein, dispensing hereby with the not repeating and inserting thereof in this present ratification. It is always provided that this present ratification shall in no way be prejudicial to Alexander Baillie of Dunain, his heirs and assignees regarding their infeftments and rights of the mosses and muirs pertaining to his part of the castle lands of Inverness, and namely his part of the mosses and muir of Cappulleach which are declared by this present act to be reserved to the said Alexander Baillie and his foresaids in their own full strength, force and integrity as they were held and possessed by him, his authors and predecessors of before. And ordaining this ratification to be a sufficient warrant to the clerk register and his deputes for extending of an act hereupon in due form, with provision likewise that the same ratification shall in no way be prejudicial to [James Stewart], earl of Moray, nor to [George Gordon], lord Gordon, their rights and infeftments granted to them and their predecessors, but that the same shall remain to them unhurt or prejudiced by this present ratification passed in favour of the said burgh of Inverness.
[1633/6/109]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, by this act ratifies and approves the charter made and granted by his majesty under his highness's great seal of the date 6 February 1630, to and in favour of the bailies, councillors and community of the burgh of Crail and their successive bailies, councillors and community of the said burgh, containing a ratification of a charter granted by his majesty's late dearest father in favour of the bailies and councillors of the said burgh of Crail therein nominated, for themselves and in name of the other councillors, inhabitants and community of the said burgh, of the college kirk and place called the Provostry of Crail, with the advocation, donation and right of patronage of the said college kirk, provostry and prebendaries thereof, with all and sundry chaplains, choristers and prebendaries of the foresaid college kirk and others therein mentioned, of the date at Holyroodhouse, 10 May 1587, together with the letters of ratification and resignation made by John [Lindsay], lord Lindsay, with consent of his curators, of the dates 5, 9, 20 and 25 January and February 1630, containing a ratification of the foresaid charter granted by his majesty's said late dearest father to the said bailies and councillors of the said burgh of Crail of the foresaid college kirk, provostry and prebendaries thereof and others therein mentioned and of certain other rights and titles made in their favour relating thereto mentioned in the said ratification, and also constituting certain of his procurators to resign the foresaid provostry of the said college kirk, advocation, donation and right of patronage of the foresaid provostry and prebendaries thereof, orchards, yards, manses, glebes, houses and buildings of the same with all teinds, fruits, rents, emoluments and duties of the same pertaining and belonging thereto, and of all other rights and infeftments of the same made to the said John, lord Lindsay and his predecessors and authors; and which charter granted by his majesty likewise contains a disposition made by his majesty to the said bailies, councillors and community of the said burgh and their successive bailies, councillors and community thereof, of all and whole the foresaid college kirk and place called the college of Crail, provostry thereof, with the foresaid advocation, donation and right of patronage of the said college kirk, provostry and prebendaries thereof, with all and sundry chaplains, choristers and prebendaries of the said college kirk, yards, orchards, houses and buildings thereof and situated within the same, with all and sundry teinds, fruits, rents, emoluments, profits, duties and annualrents, as well within as outwith the said burgh, pertaining and belonging to the said college kirk, chaplainries, choristers, and prebendaries thereof, and with all and sundry casualties, duties, privileges and pertinents of the same, whatsoever known, or that shall happen to be known, to pertain and belong to the said college kirk and provostry thereof with their pertinents foresaid, to be held of his majesty and his successors in free burgage with the precepts and instruments of sasine following upon the said two charters, and also the letters of ratification and procuratory of resignation therein contained made by Master Patrick Myretoun, provost of the said college kirk of Crail, with consent of the prebendaries of the said college kirk, of the date 31 and 14 January and March 1632, whereby the said provost ratified the foresaid charter granted by his majesty's said late dearest father; and likewise the foresaid charter granted by our said sovereign lord himself and the infeftments granted to the said John, lord Lindsay, his predecessors and authors therein mentioned, of the advocation, donation and right of patronage of the said provostry and prebendaries thereof, and whereby the said provost, with consent foresaid, constituted procurators for resigning of the said college kirk and place called the college of Crail and provostry thereof, with the patronage of the same and others above-specified, in the hands of his majesty or his commissioners, in favour and for new infeftment of the same to be made and granted by his majesty to the said bailies, councillors and community of the said burgh of Crail and their successors foresaid, and likewise the instrument of resignation following upon the said procuratory of the date 24 March 1632, in all and sundry points, heads, articles and clauses therein contained, after the forms and tenors thereof. And declares, statutes and ordains this present ratification of the foresaid two charters, precepts and instruments of sasine following thereupon, and of the foresaid letters of ratification and procuratory of resignation made by the said provost, with consent foresaid, and of the said instrument of resignation following thereupon is, and shall be, as valid, sufficient and lawful in all respects as if the same were at length and word by word inserted and engrossed herein, dispensing hereby with the not inserting thereof. And also finds, declares, statutes and ordains that the rights and securities above-specified, with this present ratification thereof, are, and shall be, sufficient, valid and lawful rights and securities to the said bailies, councillors and community of the said burgh of Crail and their successors foresaid for the peaceable possessing and enjoying in all time coming of the foresaid college kirk and place called the college of Crail, provostry thereof and the foresaid patronage of the said college kirk, provostry and prebendaries of the same and others above-specified, ordaining this ratification to be a sufficient warrant to the clerk register and his deputes to extend an act of parliament hereupon in due form; with provision and under protestation that this present ratification nor no part of the same shall be hurtful or prejudicial to Alexander Cunningham, elder, of Barns, and John Cunningham, fiar thereof, of the tacks, dispositions and other rights granted to them by the said Lord Lindsay and Master Patrick Morton, or by any other persons whatsoever, of the vicarage and third fishes of the said burgh and parish of Crail, but that the same shall remain with the said Alexander Cunningham and John Cunningham unhurt or prejudiced by the said ratification granted in favour of the said burgh of Crail; and likewise that the same ratification shall be without prejudice to Sir James Learmonth of Balcomie, knight, his rights and infeftments which he has of the lands and others contained in the said ratification, but that the same shall remain with him as of before, notwithstanding of the said ratification.
[1633/6/110]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies, approves and confirms the charter made and granted by his majesty's late dearest father of worthy memory, under his highness's great seal, of the date at Edinburgh, 12 December 1611, containing a confirmation of all charters, infeftments, sasines, confirmations, erections, donations, titles, licences and privileges whatsoever made and granted by his majesty's said late dearest father or by the late King Alexander, or by the late King David, or by the late King James V, or by any other of his majesty's progenitors to the burgh of Kinghorn, burgesses and inhabitants of the said burgh and their predecessors and their successors of the same burgh, and of all lands, shelters, harbours, mills, lochs, watercourses, annualrents and others belonging to the said burgh or possessed by them, their tenants and vassals in their name, at any time preceding the date foresaid of the said charter, with all privileges and immunities therein contained and whole contents thereof, and containing a new erection and incorporation of the said town and burgh of Kinghorn with all and sundry houses, buildings, lands, tenements, yards, acres, wastes, tofts, crofts, ruids, mills and others lying within the burgh ruids and territory thereof and others therein mentioned, in a free burgh royal called the burgh of Kinghorn. And likewise containing a new gift, assignation and disposition and incorporation to the said burgh, provost, bailies, council and free burgesses thereof and their successors of all and sundry houses, buildings, tenements, yards, acres, ruids, wastes, tofts, crofts and others lying within the said burgh ruids and territory thereof, together with the mill lying within the said burgh, called the Nether Mill, mill lands, multures and sucken thereof, with the Loch of Kinghorn and water going thereof from the said loch to the said Nether Mill of Kinghorn, as also all and sundry the lands called the Gallowhill, with the loning and passage leading from the said burgh to the said Loch of Kinghorn and from the said loch to the said Gallowhill, with the pertinents, the lands and mire called Kethy Mire, with the pertinents, the lands called Roddenbraes, with the pertinents, the lands called Kirksteads, with the pertinents, the lands called the common of Kinghorn, with the pertinents, the lands called the Easter and Wester Mires, with the pertinents, the lands and mire called the Bow Butts, with the pertinents, the lands and mire called the Mylnemire, and with all and sundry other lands, infield and outfield, far and near, parts, pendicles and pertinents thereof, with the haven and harbour of the said burgh of Kinghorn and cocket thereof, and the haven and harbour called Pretty Cur beside the said burgh, with all and sundry customs, harbouring silver, anchorages and other duties and casualties whatsoever pertaining and belonging thereto, and the two yearly free fairs mentioned in the said charter and sundry other privileges and liberties therein specified, to be held of his majesty and his successors in feu ferm, free burgage and free ports and harbours for ever for payment of the duties therein mentioned, with the precept of sasine following upon the said charter and instrument of sasine given by virtue of the said precept in all points, articles and clauses therein contained, after the form and tenor thereof. And declares, statutes and ordains this present ratification of the said charter, precept and instrument of sasine is, and shall be, as sufficient in all respects as if the same were inserted herein and that the same shall be sufficient rights, titles and securities to the provost, bailies, council and burgesses of the said burgh and their successors for possessing and enjoying of the said burgh with the foresaid houses, buildings, lands, tenements, yards, acres, wastes, tofts, crofts, ruids, mills, multures, shelters, harbours, fairs, privileges, liberties and others particularly and generally above-mentioned contained in the said charter.
[1633/6/111]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of his majesty's three estates of parliament, ordains an act of parliament to be made ratifying, approving and, for his highness and his successors, perpetually confirming, likewise his majesty, by the tenor hereof, with advice and consent of his highness's three estates of parliament, ratifies, approves and, for his highness and his successors, perpetually confirms the charter and infeftment made and granted at Greenwich, 10 June 1618, by his majesty's late dearest father, King James VI, of worthy and eternal memory, under the great seal, with advice and consent of his highness's treasurer principal of Scotland and treasurer depute for the time therein nominated, and of the other lords commissioners then appointed by his majesty for giving infeftments within the kingdom of Scotland, to, and in favour of, the provost, bailies, council, and community of the said burgh of Dumbarton and their successors, by the which his majesty's said late dearest father, with consent foresaid, gave, granted and conveyed to, and in favour of, the provost, bailies, council and community of the said burgh and their successors forever heritably the advocation, donation and right of patronage of the parish kirk and parish of Dumbarton, with all teinds, great and small, as well parsonage as vicarage thereof, and with all fruits, rents, emoluments and duties pertaining and belonging to the said kirk, together with certain chaplainries, altarages, anniversaries and others nominated and contained in the said charter and infeftment, with all and sundry lands, tenements, annualrents, profits, emoluments and duties pertaining and belonging to the said altarages, chaplainries and others foresaid, together also with the tolbooth, custom house or weigh house of the said burgh of Dumbarton and all and sundry little customs, tolls, casualties and others duties pertaining and belonging to the said burgh, and also certain tenements of land mentioned in the said infeftment, with diverse and sundry other privileges, liberties, immunities, casualties and others particularly set down in the said infeftment, together with the precept of sasine thereof under the quarter seal and instrument of sasine following thereupon, in all and sundry heads, points, articles, clauses, privileges, immunities, circumstances and conditions specified and contained therein. And his majesty, with advice and consent foresaid of his highness's three estates of parliament, wills and grants and, for his highness and his successors, decrees and ordains this present confirmation to be of as great value, force, strength and effect to the said provost, bailies, council and community of the said burgh of Dumbarton and their successors as if the foresaid charter, infeftment, precept and instrument of sasine were word by word engrossed, expressed and set down herein, regarding the which, and with all defects and inconveniences that may follow thereupon, his majesty, with advice and consent foresaid of his highness's three estates of parliament, has dispensed and, by this act, dispensed for ever. And his majesty, with advice and consent foresaid of his highness's three estates of parliament, statutes and ordains that the foresaid charter and infeftment is and shall be a good, valid, effectual and sufficient security to the said burgh of Dumbarton, magistrates, burgesses and inhabitants thereof and their successors for holding, enjoying, using and possessing in all time coming of the said patronage, and of all and sundry lands, gifts, liberties, privileges and others mentioned in the said infeftment after the form and tenor thereof in all points. And his majesty, with advice and consent foresaid of his highness's three estates of parliament, ordains this ratification to be a sufficient warrant to the clerk register for extending an act of parliament hereupon in due form, and for inserting the same with the rest of the acts of parliament to be made and set down in this parliament held within the said kingdom of Scotland.
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Our sovereign lord, with advice and consent of the three estates of this present parliament, by this act, ratifies and approves the charter and letter of patent made and granted by his majesty under the great seal, of the date at Holyroodhouse, 19 November 1630, erecting that part and portion of the lands of Roddings bounded in manner therein mentioned, lying in the barony of Kenmoir and stewartry of Kirkcudbright, with the whole tenements, lands, houses, buildings, yards and outsets built, and to be built, thereupon in a whole and free burgh royal, to be called in all time coming the burgh of Galloway, with the whole liberties, privileges and immunities of the said burgh, and of the provost, bailies, burgesses and inhabitants thereof particularly and generally mentioned in the said charter or letters patent, together with the precept and instrument of sasine following thereupon in all and sundry points, articles and clauses therein contained after the forms and tenors thereof; and declares, statutes and ordains this present ratification thereof is, and shall be, as valid and sufficient in all respects as if the same were at length inserted herein, dispensing hereby with the not inserting hereof. And also his majesty, with advice and consent foresaid, finds, declares, statutes and ordains that the foresaid charter or letters patent of erection of the said burgh royal, with this present ratification of the same, are, and shall be, sufficient, valid and lawful rights and securities to the provost, bailies, treasurer, dean of guild, burgesses and inhabitants of the said burgh and their successors for ever, for the peaceable possessing and enjoying of the same burgh royal, weekly markets and free fairs thereof with the whole privileges, liberties, immunities, tolls, customs, casualties, profits and duties of the said burgh royal, weekly markets and free fairs thereof, particularly and generally mentioned in the said charter or letters patent, which are, and shall be, reputed and held as at length repeated and inserted herein, ordaining this ratification to be a sufficient warrant to the clerk register and his deputes for extending of an act of parliament hereupon in due form, with provision always that this present ratification shall in no way be hurtful or prejudicial to the infeftments, rights and securities granted by his majesty and his most noble progenitors to the provost, bailies, council and community of the burgh of Kirkcudbright, but that the same shall remain with them as of before unhurt or prejudiced hereby.
[1633/6/113]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ordain a ratification to be made therein to, and in favour of, the bailies, council, burgesses and community of the burgh of Lauder and their successors, ratifying, approving and, for his highness and his successors, perpetually confirming, likewise by the tenor hereof our said sovereign lord and estates of parliament ratify, approve and, for his highness and his successors, perpetually confirm, the charter made, given and granted by the late King James [IV], his highness's [great-great-grandfather] of worthy memory, to the burgesses and community of the said burgh of Lauder under his majesty's great seal, of the date at Stirling, 21 December 1502, whereby the said late King James [IV] of worthy memory, considering and understanding that the charters, evidents and rights of the first foundation and infeftment of the said burgh of Lauder and liberty thereof, made and granted by his majesty's most noble progenitors to the burgesses and community of the said burgh, were destroyed and burnt by war, assaults and fire, through which merchandise ceased among them to the great hurt, decay and prejudice of the common good and liberty of the said burgh and great damage of his majesty regarding his customs, burgh mails and duties due to be paid to him out of the said burgh if timely remedy were not provided; therefore his majesty, moved of piety and justice and willing the reformation of the premises, with advice of his highness's secret council, of new infeft, gave, granted and, for his highness and his successors, perpetually confirmed to the burgesses and community foresaid the said burgh of Lauder in a free burgh for ever, with all and sundry lands, annualrents and possessions whatsoever pertaining thereto, with diverse ample powers, privileges, markets, fairs, tolls, customs and others specially and particularly mentioned in the said charter, to be possessed, used and exercised by the said burgesses and community of the said burgh likewise and as freely as any other free burgh within this realm possesses, uses and exercises their burgh lands and liberties thereof, and with all and sundry liberties and privileges of free burgage for ever to be held of his majesty and his highness's successors in free burgage, fee and heritage for ever, for payment of the burgh mails and other duties used and wont to be paid to his majesty out of the said burgh, as the said charter of the date foresaid at more length bears, with the precept of sasine and instrument of sasine following thereupon, and also all and sundry other infeftments, charters, precepts, sasines, confirmations, gifts, donations, ratifications, grants, erections, foundations, acts, decreets, sentences, liberties, privileges and immunities therein contained made, given and granted by any of his majesty's most noble predecessors and progenitors, kings and queens of Scotland, their regents or governors for the time, or by any others to, and in favour of, the said burgesses and community of the said burgh of Lauder, their predecessors or successors at any time bygone, of whatsoever dates, tenors and contents the same be of, in all and sundry the heads, points, passes, clauses, articles, circumstances and conditions therein contained and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for his highness and his successors, perpetually decree and ordain that this present ratification of the said infeftments and rights of the said burgh specially and generally above-written is, and shall be, of as great strength, force and effect to the said bailies, council, burgesses and community of the said burgh of Lauder and their successors for possessing of the said burgh lands, annualrents, possessions, markets, fairs, tolls, customs, liberties, privileges, duties and immunities therein contained and pertaining to the said burgh, and whereof the said burgh, bailies, council, burgesses and community thereof or their predecessors are, and have been, in possession, as if the said whole charter, precept and sasine specially above-mentioned, and all other charters, infeftments and other rights generally above-mentioned were all at length inserted and contained in this present ratification; concerning which, and with all other defects and imperfections which may be proposed or alleged against the said rights specially and generally above-written, or any of them, or this present ratification thereof and validities of the same, our said sovereign lord and estates of parliament, for his highness and his successors, have dispensed and, by this act, dispense for ever and that the said ratification be further extended with all clauses necessary.
[1633/6/114]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, remembering the many singular, good and thankful services done to his majesty and to the late Henry, prince of Wales, duke of Cornwall and York, his dearest brother of happy memory, and to his majesty's late dearest father of eternal memory, by his highness's trusty and well-beloved councillor Sir Robert Douglas of Spott, knight, has ratified and approved and, by the tenor hereof, ratifies, approves and confirms the charter and infeftment of feu ferm made, given and granted by his majesty under his highness's great seal, of the date at Greenwich, 29 June 1631, to the said Sir Robert Douglas, his heirs and successors specified and contained in his infeftment of the lands and barony of Spott, of all and whole the lands and that part and portion of the lordship of Dunbar bounded, meithed and marched as after follows, namely: between the burn called the Boundslie Burn on the east and therefrom passing towards the west by the arable and cornfield lands of the lands after-specified belonging to the persons after-mentioned, namely: of the lands of Kirkclaugh pertaining to [...] Cockburn of Ormiston; of the lands of Easter Galashiels pertaining to Sir Patrick Hepburn of Waughton, knight; of the lands called Wester Galashiels and Millknowe pertaining to [...] Home of Galashiels and therefrom passing toward the north to the arable and cornfield lands of Johnscleugh pertaining to Sir John Home of Blackadder, knight; and of the lands of Stonypath pertaining to Master William Douglas, minister at Spott, and therefrom passing toward the east by the arable and cornfield land of the lands of Deuchrie, sometimes pertaining to George Lauder of the Bass; and of the lands of Spott pertaining to the said Sir Robert Douglas of Spott, knight, until it come to the burn called Boundslie Burn, which divides the said part and portion of the foresaid lands of the said lordship of Dunbar from the commonty called the commonty of Innerwick, where the said marches began, lying within the constabulary of Haddington and sheriffdom of Edinburgh. Which lands and part and portion above-written of the said lordship of Dunbar, lying bounded, meithed and marched in manner foresaid, pertained to our said sovereign lord and became in his highness's hands and at his majesty's gift and disposition as a part of the annexed property of the earldom of March and lordship of Dunbar to the patrimony of his highness's crown, to be held of our said sovereign lord and his successors in feu ferm, fee and heritage for payment yearly of the sum of 10 merks usual money of Scotland at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter by equal portions in name of feu ferm, which nor no other duty the said lands never paid, with special provision and condition always contained in the said charter that the same charter shall in no way be prejudicial to any of his majesty's lieges regarding any former lawful infeftments or yet to come granted or competent to them of any part or parts of the foresaid part and portion of the lordship of Dunbar or any privilege within the bounds thereof, as at more length is contained within the said charter, together with the precept and instrument of sasine following thereupon in all and sundry heads, clauses, articles and circumstances thereof. And seeing the foresaid lands and part and portion of the said lordship of Dunbar bounded, meithed and marched in manner foresaid are a part of his majesty's property and patrimony of his highness's crown which was never rented nor paid any duty before the granting of the said charter, therefore, and for the said Sir Robert Douglas and his foresaids better right and security thereof, our said sovereign lord, with advice and consent of the estates of this present parliament, in consideration of the said Sir Robert's many good and thankful services above-written, has dissolved and, by virtue of this present act, dissolves the forenamed lands and part and portion above-written of the said lordship of Dunbar, bounded and meithed as is particularly contained before, from his majesty's crown and patrimony thereof, and from all acts of annexation of the same to the effect that the charter and infeftment thereof above-written may not only be valid and effectual and a sufficient right, title and security to the said Sir Robert Douglas and his foresaids for their peaceable holding, enjoying and possessing of the said lands with the pertinents as their heritage at their pleasure in all time coming, but likewise to the effect the same lands may be of new granted and given in feu ferm heritably by our said sovereign lord to the said Sir Robert Douglas and his foresaids for payment of the duty foresaid in manner specified and contained in the said feu charter, with the provision and condition above-written contained therein in due and competent form, and ordains this ratification to be a sufficient warrant to the clerk register and his deputes for extending an act of this present parliament thereupon in due form as appropriate.
[1633/6/115]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of three estates of this present parliament, ratifies and approves the charter made and granted by his majesty after his highness's lawful and perfect age of 25 years complete, and after resignation and demission made by Thomas [Erskine], earl of Kellie etc. and the late Alexander [Erskine], lord Fentoun, his son, of the lordship and barony of Pittenweem, comprehending the lands and others united and annexed in the said lordship and barony which pertained of old to the priory of Pittenweem in the hands of his majesty, their immediate lawful superior thereof, to remain perpetually under the great seal, of the date at Greenwich, 16 June 1631, in favour of his highness's trusty servant Sir William Anstruther of that Ilk, knight, one of his majesty's master households within this realm of Scotland, his heirs and assignees whatsoever heritably, of all and whole the mill called the Mill of Pittenweem, with the mill lands thereof and acres adjacent thereto, extending to 18 acres of land or thereby, with houses, buildings, yards, tofts, crofts, outsets and all their pertinents as the same were occupied and possessed of old by the late John Scott and Euphame Clephane, tenants and tacksmen thereof, together with the whole astricted and free multures, sucken and knaveship pertaining to the said mill and chiefly with the astricted multures, knaveship and sucken of all and whole the lands and barony of Pittenweem; and also of all and sundry the acres of land underwritten, namely: six acres of land called Steill and Wacheland then possessed by Walter Airlie; four acres of land possessed by the heirs of the late William Foullar; three acres of land and a half possessed by the heirs of the late David Robertson; one acre of land possessed by the heirs of the late David Anderson; two acres of land possessed by the heirs of the late Thomas Cook; 12 acres of land possessed by James Scott in Mylnetown; two acres and a half possessed by the heirs of the late Simon Gray; one acre of land possessed by the heirs of late Margaret Wilson; four acres of land and a half possessed by the heirs of the late George Smith; three acres and a half of land possessed by the heirs of the late John Gibson; all and whole that house lying within the town of Anstruther Wester back and fore, with the yards and pertinents of the same, called Fishhouse, then possessed by William Strang; all and whole these houses, with the yards and pertinents thereof, lying within the town of Mylnetown then possessed by the said James Scott, with that piece of arable land called Pardykis, with the pertinents, then occupied and possessed by the said James Scott, with tenants, tenancies and services of free tenants of the lands and others above-written, all lying within the said lordship and barony of Pittenweem and sheriffdom of Fife; as also of the office of bailiary of the whole lordship and barony of Pittenweem, with all and sundry privileges, fees, profits, casualties and duties whatsoever pertaining and belonging to the said office particularly and generally mentioned in the said charter, containing a new gift with supplement of all defects in ample form to be held of his majesty and his successors in feu ferm, fee and heritage for the yearly payment of the feu duty mentioned in the said charter under the deduction therein specified, after the forms and tenors thereof. And wills, declares, decrees, statutes and ordains that this present confirmation thereof is, and shall be, as valid, effectual and sufficient in all respects as if the same were at length and word by word inserted herein, dispensing with the not inserting thereof. As also that the charter, precept and instrument of sasine and this present ratification thereof are, and shall be, sufficient and valid rights and securities to the said Sir William and his foresaids for possessing and enjoying of the lands and others above-written with the pertinents in all time coming, according to the said charter and for payment of the feu duty therein contained under the deduction therein specified, with provision always that this present ratification nor no part of the same shall in no way be prejudicial to Thomas, earl of Kellie etc., his rights and infeftments which he has granted to him or whereof he or his predecessors have been in possession, but that the same shall remain and have that same force and effect as of before.