Ratification to the town of Edinburgh [of the mortification granted to them of the bishoprics of Orkney and Edinburgh and deanery of Edinburgh]

The estates of parliament, presently convened by virtue of the last act of the last parliament held by his majesty and three estates in 1641, understanding that his majesty, by his letters of tack under his highness's privy seal, of the date 2 September 1641, set in tack and assedation to his majesty's servant, Robert Leslie, brother to Patrick [Leslie], lord Lindores, his heirs and assignees all and whole the lands, rents, superiorities, profits, duties, casualties, fortalices, castles, towers, manses, houses, teinds, fishings, lakes, reversions, jurisdictions, privileges, immunities and all other duties and benefit whatsoever which belonged to the late bishop of Orkney or which hereafter shall be found to belong to him as bishop of that bishopric, and that for the space of 38 years next after his entry thereto, which began at the crop 1641, with sundry privileges and liberties particularly and generally mentioned therein, for the yearly payment to his majesty and his successors of the sum of 8,000 merks money of this realm in name of tack duty, beginning the first term's payment thereof at the feast and term of Whitsunday [29 May] 1642, as the said letters of tack of the date above-written at more length purport. Likewise there was a warrant subscribed by his majesty, under his highness's signet, directed to his majesty's treasurers principal, depute and other commissioners of his highness's exchequer of this realm, of the date 2 September 1641, for allowing to the said Robert Leslie of a pension of £200 sterling payable to him out of the exchequer of England, and that out of the tack duty above-written of the said bishopric to be detained by him and his aforesaids in their own hands during the years and space of the said tack, which warrant and tack aforesaid are both ratified by his majesty, with advice of the estates of the said parliament held at Edinburgh upon 17 November 1641, by a special act made relating thereto. And also the said estates, understanding that there was a charter made and granted by his majesty, with consent of his highness's commissioners specified therein for his majesty's treasury, comptroller, collector and treasury of his highness's new augmentations of this realm, constituted by his majesty with consent of the estates of the said last parliament, and of his highness's depute in the aforesaid offices named therein and of the other commissioners of his majesty's exchequer, under his highness's great seal, of the date at Holyroodhouse, 10 November 1641, whereby his majesty, with consent aforesaid, gave, granted, conveyed, founded, mortified and confirmed to the provost, bailies, council and community of the burgh of Edinburgh and their successors for the use, help and supply of the maintenance of the ministers of the said burgh all and sundry the feu mails, feu ferms, feu duties, kanes, customs, teinds and others whatsoever which lately pertained to the said bishopric of Orkney, spirituality and temporality thereof and contained in the new foundation of the same made by his late dearest father of blessed memory by virtue of a commission granted in the parliament held at Edinburgh in the month of October 1612, and whereof the bishops of Orkney were in possession after the said renewed foundation, together with the mails, duties, teinds and teind duties of the lands and kirks founded and mortified to the deanery of Edinburgh mentioned therein, as also with the right of patronage of St Cuthbert's Kirk lying under the castle wall of Edinburgh, upon the which charter sasine has followed in favour of the said provost, bailies, council and community of the said burgh of Edinburgh, as in the said charter and sasine following thereupon at more length is contained. Likewise the right of the aforesaid tack made by his majesty to the said Robert Leslie and his aforesaids and warrant granted by his majesty to the said commissioners of his highness's exchequer of this realm and of the pension above-written contained therein and of the said act of parliament ratifying the same tack and warrant is assigned by the said Robert Leslie to and in favour of the said provost, bailies, council and community of the said burgh of Edinburgh and their successors, as in the assignation made relating thereto of the date 11 May 1642 at more length is contained. And likewise there was a signature superscribed by his majesty and docketed by [William Hamilton], earl of Lanark, his majesty's secretary, of the date at York, 20 May 1642, ordaining a charter to be made under the great seal ratifying the aforesaid letters of tack, his majesty's warrant directed to the said commissioners of exchequer, ratification of the same in parliament and assignation thereto above-mentioned, with the aforesaid charter under the great seal, in all points, containing a new gift to and in favour of the said provost, bailies, council and community of the said burgh of Edinburgh and their successors for the use, help and supply of the maintenance of the ministers of the said burgh of all and sundry the aforesaid whole lands, teinds, kirks, patronages, superiorities, offices of sheriffship, bailiary, commissariat, commissaries, clerkship and other offices whatsoever, with the privilege and jurisdiction of regality, justiciary and other privileges and jurisdictions whatsoever, feu mails, feu ferms, other mails, ferms, kanes, customs, casualties, fruits, rents, profits and commodities whatsoever which pertained to the said late bishopric of Orkney, spirituality or temporality thereof, and contained in the renewed foundation of the same above-mentioned, as the said signature of the date above-written at more length purports. Likewise by a charter granted by his majesty, with consent aforesaid, under the great seal, of the date 30 September 1641, certain feu mails, feu ferms, other mails, ferms, teinds and others specified therein which pertained to the late bishopric of Edinburgh, and also the advocations, donations and right of patronage of the kirks of Holyroodhouse and Leith on the north side of the bridge thereof are conveyed and mortified to the said provost, bailies, council and community of the said burgh of Edinburgh and their aforesaids for the help and supply of the maintenance of King James' College situated within the said burgh of Edinburgh, according to which charter and precept of sasine following thereupon the said provost, bailies, council and community of the said burgh are duly and lawfully infeft and seised therein, as the said charter, precept and instrument of sasine following thereupon at length bears. And the estates of this present parliament taking into their consideration that the rights and securities aforesaid were purchased and procured by the said provost, bailies, council and community of the said burgh of Edinburgh in favour of themselves and those above-specified to the pious uses respectively above-mentioned by payment and advancing of great sums of money, and that over and above the great and large expenses and sums of money lately well-spent and disbursed by the said provost, bailies, council and community of the said burgh of Edinburgh and by the burgesses and inhabitants thereof in repairing the old kirks of the same and building new kirks within the said burgh and city and in repairing, building and enlarging the aforesaid college, therefore, and to encourage them hereafter to go on and proceed in these and similar good and pious works tending to the glory of God, increase of learning and advancement of the true religion and commodious promulgation of the Gospel within the said city, the said estates of this present parliament by this act ratify, approve and confirm the rights and securities above-mentioned made to and in favour of the said provost, bailies, council and community of the said burgh of Edinburgh and their successors aforesaid to the pious uses respectively above-specified of the lands, teinds, kirks, patronages, superiorities, offices, privileges, jurisdictions, rents, casualties and others above-mentioned which pertained to the said late bishoprics of Orkney and Edinburgh respectively, and especially the aforesaid signature superscribed by his majesty for issuing in favour of the said provost, bailies, council and community of the said burgh of Edinburgh and their aforesaids the said infeftment of mortification of the lands, teinds and others above-mentioned contained therein which belonged to the said late bishopric of Orkney for the use, help and supply of the maintenance of the ministers of the said burgh, and in a similar manner the aforesaid charter granted to the said provost, bailies, council and community of the same burgh and those above-specified of the aforesaid feu mails, feu ferms, teinds and others mentioned therein which pertained to the said late bishopric of Edinburgh for the help and supply of the maintenance of the aforesaid college, with the precept of sasine following thereupon and instrument of sasine following upon the same in all points contained in the said signature, charter and other rights and securities respectively above-mentioned; and ordain this ratification thereof to be as valid and sufficient as if the same were word by word inserted herein, and further ordain the aforesaid signature, which is superscribed by his majesty's hand as said is, to be passed in exchequer and the lords thereof to issue the same, especially in respect that the signature was presented to be issued in exchequer before the granting of any other signature of the lands and others above-specified contained therein or any part thereof to any other person and before the presenting of any other person's signature of the same.

  1. NAS. PA2/23, f.134v-136r. Back
  2. Extension to title of act added in APS. Back