[1641/8/380]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that there was a supplication given in to the general assembly held in Edinburgh in the year 1639 at the instance of Thomas Erskine of Pittodrie, making mention that whereas the said Thomas's predecessors of the barony of Balhalgardy, since the days of King Robert the Bruce of worthy memory, had been still infeft in the patronage of the chaplainries of Warthill, Collyhill, Pitgaveny and Knokinglase† as part and pertinent of the said barony, ratified and confirmed in diverse parliaments and in the last parliament held at Edinburgh by our said sovereign lord, which whole chaplainries and lands thereto mortified had been of a long time since feued by the chaplains to the heritors for small feu duties, so that there remained but one very final duty to be paid yearly out of these whole lands, and the said Thomas as patron being most willing that the small duties yet remaining might be employed to some pious use had upon his own charges and expenses erected and built a house of two houses height at the Chapel of Garioch, of intention to put some old, poor and decrepit men therein for their better accommodation of their service to God, which intention of his could not so well be put in execution unless these small duties yet remaining of these chaplainries were a part of their provision and maintenance; and seeing the said Thomas had the right of patronage and also that there was no use for the said small duties according to their first foundation, therefore he, as patron foresaid, thought it fit to alter the said foundation and confer the same to these poor men for their better maintenance, to which he did most humbly supplicate the approbation of the foresaid general assembly so far as did concern the ecclesiastic part, and from the same assembly be represented to this present parliament, whereby the civil and legal authority might be interposed, and that the said late erected house might be called the Hospital of the Barony of Balhalgardy in all time coming, which supplication and desire thereof being seen and considered by the said general assembly and found the same to be reasonable, they referred the same to this present parliament, as the extract of an act of the same assembly of the date at Edinburgh, 29 August 1639 foresaid, at more length bears. And his majesty and estates of parliament, finding the desire of the said supplication and act foresaid of the said assembly not only to be reasonable, but also the intention of the said Thomas Erskine religious and pious, have therefore altered and changed and, by this ratification, alter and change the first foundation of the feu duties foresaid of the said chaplainries, and have erected and, by this ratification, erect the said house built by the said Thomas Erskine at the Chapel of Garioch in a hospital house, called and to be called in all time coming the Hospital of the Barony of Balhalgardy, and destine and ordain the foresaid feu duties of the chaplainries above-written to be employed for a part of the provision and maintenance of the said poor, old, decrepit men to be put in the said hospital, to the effect foresaid; and make and constitute the said Thomas Erskine, his heirs and successors patrons of the said new erected hospital called and to be called the Hospital of the Barony of Balhalgardy in manner foresaid, and give, grant and convey to the said Thomas and his foresaids the right of patronage of the said new erected hospital with all privileges belonging thereto, to be held of our sovereign lord and his highness's successors, and ordain an infeftment to be passed and completed thereupon in favour of the said Thomas and his foresaids under his majesty's great seal in the appropriate form, and also declare the said Thomas Erskine and his foresaids to be superiors to the vassals of the foresaid chaplainries in place of the chaplains thereof for receiving of vassals and entering of heirs to the lands feued by the chaplains thereof, according to that act of this parliament made in favour of lay patrons of provostries, prebendaries, chaplainries and altarages.