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In the parliament held at Edinburgh, 28 June 1633, the which day regarding the petition presented to his majesty and estates of parliament by a noble lord John [Sandilands], lord 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 did never 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 advice of the estates of parliament, remits the said petition to the council, with power to them to try but not to determine therein until they acquaint his majesty with what they find, and have his majesty's pleasure returned to them relating thereto. Follows the act of secret council remitting the whole process deduced concerning this to his majesty's royal judgment and determination: At Edinburgh, 9 February 1636, the lords of secret council having, according to the remit of parliament, received and heard the answers given in by [Sir Thomas Hope of Craighall], his majesty's advocate, to the reasons contained in the petition exhibited to the parliament by John [Sandilands], lord Torphichen, touching the different nature and quality of the lordship of Torphichen from other erections, that the same did not fall under and within the compass of his majesty's revocation and act of annexation of the superiority of kirklands to the crown, with the replies, duplies and triplies proposed hereupon by either of the said parties, the said lords ordain the whole process to be delivered to John [Stewart], earl of Traquair, his majesty's treasurer depute, to the effect his lordship may offer the same to his majesty's royal consideration and report back to the council his majesty's judgment and determination concerning the same. Extracted from the books of the acts of the privy council of our supreme lord the king by me Mr Gilbert Primrose, clerk of the same, under my sign and subscription manual. It is thus subscribed: Master G[ilbert] Primrose.
Follows the act of secret council bearing [John Stewart], earl of Traquair's report of his majesty's determination and the council's ordinance made relating thereto: At Edinburgh, 14 July 1636, the which day, in presence of the lords of secret council, compeared personally John [Stewart], earl of Traquair, lord high treasurer of this kingdom, and declared to the said lords that, according to the warrant and act of council whereby he was ordained to represent to his majesty the process concerning the erection of the lordship of Torphichen, the said lord treasurer had truly and faithfully acquainted his majesty with the estate of that business according to the trust placed by the said lords in him, and that his majesty has now signified his royal will and pleasure regarding that matter by a signature under his hand, which the said lord treasurer exhibited and produced before the said lords, touching the nature of the erection of the said lordship of Torphichen, bearing his majesty's declaration and exception made in favour of John [Sandilands], lord Torphichen, regarding the superiorities of the barony of Torphichen and lands of Fallas pertaining thereto, lying locally within the parishes of Torphichen and Livingston and sheriffdom of Linlithgow, which with the title and dignity of Lord Torphichen and with the lands and teinds and others of the said lordship pertaining to the said John, lord Torphichen, in property, his majesty ordains to be held of his majesty in feu ferm, for payment of the sum of 100 merks in name of feu ferm, as the said signature more fully purports, whereof the tenor follows: Charles Rex. Our sovereign lord, considering that by special act of his majesty's late parliament held in the month of June 1633, it is found and declared that the right of superiority of all 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 dignity the same be of, erected in temporal lordships, baronies or livings before or after the general annexation of kirklands made in the month of June 1587, pertains to his majesty and his highness's successors, likewise by a separate act of the said parliament the same are annexed to the crown to remain inseparably therewith for ever. And because his majesty's trusty cousin John [Sandilands], lord Torphichen did at the time of the said parliament give in a humble supplication to his majesty and the estates containing certain reasons whereby he affirmed that the lordship of Torphichen was not of the nature of kirklands but of the quality of a temporal estate, his majesty was pleased, with consent of his estates, to remit the consideration of the said supplication and reasons contained therein to his majesty's council, with power to them to try and examine the same but not to determine until his majesty was acquainted, and did signify his majesty's pleasure relating thereto, as in the said act of remission to the council at more length is contained. And forasmuch as the lords of his majesty's secret council, after the hearing of [Sir Thomas Hope of Craighall], his majesty's advocate, and the said John, lord Torphichen, and his procurators regarding the reasons of the said supplication, has by their act of the date 9 February 1636 remitted the consideration thereof to his sacred majesty, and his majesty having taken to his wise and judicious consideration the justice of the said laws and acts of parliament made in his majesty's favour and also the humble remonstrance of the said John, lord Torphichen regarding the great sums paid by the late James [Sandilands], lord St John, his great-grand uncle, to his majesty's grandmother, Queen Mary of happy memory, for obtaining the heritable right of the said lordship established in his person by infeftment granted in the month of January 1563, together with the said John, lord Torphichen's humble offer to surrender in his majesty's hands to remain perpetually the whole superiorities of the said lordship of Torphichen which are in his hands unconveyed, except that mean portion thereof lying within the barony of Torphichen and sheriffdom of Linlithgow wherein does subsist the title and dignity of lord of parliament, therefore, his sacred majesty, being resolved to maintain the said general laws made in his majesty's favour regarding the superiorities of erections in the said parliament of 1633, with consideration always of the said Lord Torphichen in that mean remainder of the said barony of Torphichen and title and dignity of lord of parliament annexed thereto, has of certain knowledge ratified and approved the said acts of parliament regarding the superiorities of kirklands made in his majesty's favour in the said month of June 1633, and according thereto declares that the undoubted right of all superiorities of whatsoever lands, baronies, mills, woods, fishings, towers, fortalices, manor places and whole pertinents thereof pertaining to whatsoever abbacies, priors, prioresses, preceptories and whatsoever other benefices, of whatsoever estate, degree, title, name and 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, pertains to his majesty and his successors; and that under the same acts are comprehended all temple lands pertaining to the preceptory of Torphichen, and all other lands pertaining to whatsoever order of friars, either secular or ecclesiastical, without any exception therefrom except only the superiorities pertaining to the said John, lord Torphichen, within the said barony of Torphichen, comprehending the lands of Fallas united to the said barony, lying naturally and locally within the parishes of Torphichen and Livingston respectively and sheriffdom of Linlithgow, which, with the title, honour and dignity of Lord Torphichen, his majesty excepts out of the said acts of parliament. Likewise his majesty wills and declares that the said superiorities excepted as said is, with the title and dignity of lord of parliament, together with the said John, lord Torphichen's proper lands, teinds and others of the said lordship pertaining to him presently in property, shall remain with him and his successors according to the tenor of his old rights and infeftments, to be held of his majesty in feu ferm for payment of the sum of 100 merks yearly in name of feu ferm, and that he, his heirs and successors shall not be burdened with any further proportion of the feu duty of the said lordship of Torphichen than the said feu ferm duty foresaid, and that he and his foresaids shall not be charged nor troubled with the stents and taxations imposed or to be imposed upon the said lordship of Torphichen except according to the proportion thereof appropriate to that which he possesses of the said lordship in property and tenancy. And his majesty wills and ordains that this his majesty's declaration be inserted in the books of secret council, and that an act of council pass thereupon in due form, with command to direct letters of publication thereupon in the appropriate form. And also ordains [Sir John Hay of Bara], his majesty's clerk register, to insert this act, with the said act of secret council interposed thereto, in the books of parliament, to have the force and strength of an act of parliament in all time coming. It is thus subscribed: [John Spottiswood, archbishop of] St Andrews, chancellor, [John Stewart, earl of] Traquair, treasurer, [Patrick Lindsay, bishop of] Glasgow, [Thomas Sydserf, bishop of] Galloway, [William Crichton, earl of] Dumfries, [Archibald Campbell, lord] Lorne, [William Alexander, lord] Alexander, Adam [Bellenden, bishop of] Aberdeen, [Sir] J[ohn] Hay [of Bara], [Sir] Thomas Hope [of Craighall]. Which signature being read, heard and considered by the said lords, and they acknowledging his majesty's gracious and royal favour shown to the said Lord Torphichen in the exception and declaration before mentioned, the lords of secret council, according to the signification of his majesty's pleasure, ordain the said signature containing the exception and his majesty's declaration foresaid to be inserted and registered in the books of secret council, and have interposed and interpose their authority thereto and to the whole points, clauses and articles contained therein, ordaining the same to have the force and effect of an act of council and letters of publication to be directed thereupon requiring hereby Sir John Hay, clerk of his majesty's register, to insert this present act, containing his majesty's declaration foresaid, in the books of parliament, to have the strength and force of an act of parliament in all time coming according to the said signature in all points; and ordain the principal signature to be given up to the said clerk register to be kept by him amongst the rolls of the parliament, which was accordingly done. Extracted from the books of the acts of the privy council of our supreme lord the king by me Mr Gilbert Primrose, clerk of the same, under my sign and subscription manual. It is thus subscribed: M[aster] G[ilbert] Primrose.
Follows his majesty's declaration finding all temple-lands to fall within the compass of the act of annexation of the superiorities of erections to the crown, with exception of a mean portion to Lord Torphichen in manner after-mentioned. It is thus above-written: Charles Rex. Our sovereign lord, considering that by a special act of his majesty's late parliament held in the month of June 1633 it is found and declared that the right of superiority of all 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 the month of July 1587, pertains to his majesty and his highness's successors, likewise by a separate act of the said parliament the same are annexed to his majesty's crown to remain therewith inseparably for ever; and because his majesty's trusty cousin John [Sandilands], lord Torphichen did at the time of the said parliament give in a humble supplication to his majesty and the estates containing certain reasons whereby he affirmed that the lordship of Torphichen was not of the nature of kirklands but of the quality of a temporal estate, his majesty was pleased, with consent of the estates, to remit the consideration of the said supplication and reasons contained therein to his majesty's council, with power to them to try and examine the same but not to determine until his majesty was acquainted and did signify his majesty's pleasure relating thereto, as in the said act of remission to the council at more length is contained. And forasmuch as the lords of his majesty's secret council, after the hearing of [Sir Thomas Hope of Craighall], his majesty's advocate, and the said John, lord Torphichen, and his procurators, regarding the reasons of the said supplication have by their act of the date 9 February 1636 remitted the consideration thereof to his sacred majesty, and his majesty having taken to his wise and judicious consideration the justice of the said laws and acts of parliament made in his majesty's favour, and also the humble remonstrance of the said John, lord Torphichen regarding the great sums paid by the late James [Sandilands], lord St John, his great-grand uncle, to his majesty's grandmother, Queen Mary of happy memory, for obtaining of the heritable right of the said lordship established in his person by infeftment granted in the month of January 1563, together with the said John, lord Torphichen's humble offer to surrender in his majesty's hands to remain perpetually the whole superiorities of the said lordship of Torphichen which are in his hands unconveyed, except that mean portion thereof lying within the barony of Torphichen and sheriffdom of Linlithgow wherein does subsist the title and dignity of lord of parliament, therefore his sacred majesty, being resolved to maintain the said general laws made in his majesty's favour regarding the superiorities of erections in the said parliament of 1633, with consideration always of the said Lord Torphichen in that mean remainder of the said barony of Torphichen and title and dignity of lord of parliament annexed thereto, has of certain knowledge ratified and approved the said acts of parliament made regarding superiorities of erections of kirklands made in his majesty's favour in the said month of June 1633, and according thereto declares that the undoubted right of all superiorities of whatsoever 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, pertains to his majesty and his successors, and that under the same acts are comprehended all temple-lands pertaining to the preceptory of Torphichen and all other lands pertaining to whatsoever order of friars, either secular or ecclesiastical, without any exception therefrom, except only the superiorities pertaining to the said John, lord Torphichen within the said barony of Torphichen, comprehending the lands of Fallas united to the said barony, lying naturally and locally within the parishes of Torphichen and Livingston respectively and sheriffdom of Linlithgow, which, with the title, honour and dignity of Lord Torphichen, his majesty excepts out of the said acts of parliament. Likewise his majesty wills and declares that the said superiorities excepted as said is, with the title and dignity of lord of parliament, together with the said John, lord Torphichen's proper lands, teinds and others of the said lordship pertaining to him presently in property, shall remain with him and his successors according to the tenor of his old rights and infeftments, to be held of his majesty in feu ferm for payment of the sum of 100 merks yearly in name of feu ferm, and that he, his heirs and successors shall not be burdened with any further proportion of the feu duty of the said lordship of Torphichen than the said feu ferm duty foresaid, and that he, nor his foresaids, shall not be charged nor troubled with the stents and taxations imposed or to be imposed upon the said lordship of Torphichen except according to the proportion thereof appropriate to that which he possesses of the said lordship in property and tenancy. And his majesty wills and ordains that this his majesty's declaration be inserted in the books of secret council and that an act of council pass thereupon in due form, with command to direct letters of publication thereupon in the appropriate form; and also ordains [Sir John Hay of Bara], his majesty's clerk register, to insert this act, with the said act of secret council interposed thereto, in the books of parliament, to have the force and strength of an act of parliament in all time coming. Given at St James, 15 May 1636.
Follows the docketing:
Please your sacred majesty, because the question regarding the superiorities of the lordship of Torphichen, remitted by the parliament to the council after dispute before the council, is remitted to your majesty's own gracious declaration and that [John Sandilands], lord Torphichen has made humble offer to surrender all the superiorities of the said lordship being in his hands, except a mean part thereof which pertains to the barony of Torphichen, to which the title of lord of parliament is annexed, your majesty is pleased hereby to declare that the late act of parliament made in your majesty's favour regarding the superiorities of all erections does comprehend all temple-lands pertaining to the preceptory of Torphichen and all other lands pertaining to whatsoever order of friars, either secular or ecclesiastical, without exception therefrom, except only the superiorities of the barony of Torphichen and lands of Fallas pertaining thereto, lying locally and naturally within the parishes of Torphichen and Livingston and sheriffdom of Linlithgow, which, with the title and dignity of Lord Torphichen and with the lands and teinds of the said lordship pertaining to him in property, your majesty ordains to be held of your majesty in feu ferm for payment of the feu ferm duty left blank to be filled up by your majesty's treasurers; and ordains the said Lord Torphichen and his heirs to be free of payment of any further proportion of the feu duty of the lordship of Torphichen, except the said particular feu duty to be filled up as said is, and also to be no further burdened for stents and taxations of the said lordship of Torphichen except according to the proportion of that part thereof which he possesses in property and superiority, with command to insert this your majesty's declaration in the books of secret council and act and letters of publication to pass thereupon, and with command to [Sir John Hay of Bara], your majesty's clerk register, to insert this act and the act of council to pass hereupon in the books of parliament. It is thus subscribed: [Sir] Thomas Hope [of Craighall]. Follows the subscriptions: [John Spottiswood, archbishop of] St Andrews, chancellor, [John Stewart, earl of] Traquair, treasurer, [Patrick Lindsay, bishop of] Glasgow, [Thomas Sydserf, bishop of] Galloway, [William Crichton, earl of] Dumfries, [Archibald Campbell, lord] Lorne, Adam [Bellenden, bishop of] Aberdeen, [William Alexander, lord] Alexander, [Sir] J[ohn] Hay [of Bara], [Sir] Thomas Hope [of Craighall].