Ratification in favour of [John Hay], earl of Erroll

Our sovereign lord and estates of this present parliament, understanding that the office of great constabulary of this kingdom of Scotland pertains heritably to his majesty's right trusty and well-beloved cousin and councillor John, earl of Erroll, lord Hay and Slains, and that he and his predecessors have dutifully used and discharged the said office, and by themselves and their deputes have bruiked and enjoyed all honours, dignities, liberties, privileges, profits and casualties belonging thereto, continually from time to time for many ages bypast, and his majesty, being still careful that the foresaid office may continue and be preserved in its own integrity, with the said earl of Erroll and his successors in all time coming; therefore his majesty, with advice and consent of the estates of this present parliament, has ratified, confirmed, allowed and approved and, by the tenor hereof, for himself and his royal successors, with advice and consent foresaid, ratifies, confirms, allows and approves the foresaid office of constabulary of this realm of Scotland, with all rights and titles granted to the said John, earl of Erroll, or to any of his predecessors thereof, together with all dignities, honours, liberties, privileges, pre-eminencies, profits, casualties and duties belonging thereto, and whereof the said noble earl, himself or any of his predecessors or their deputes, in their name, have been in use and possession at any time bygone, and specially without prejudice of the generality foresaid, an act of parliament dated, 28 June 1617, by King James VI, of worthy memory, with consent of the estates of parliament, in favour of the deceased Francis [Hay], earl of Erroll and his successors of the foresaid office, and of all dignities, honours, liberties, privileges, pre-eminencies, profits, casualties and duties belonging thereto, containing this declaration, that during the time of his majesty's and his successors' absence furth of this realm, the resident place for council should represent and be equivalent to his majesty's royal person and presence in that case, and that the said Francis, earl of Erroll, and his successors and deputes, should enjoy and bruik the said office of constabulary with all honours, privileges, immunities, casualties, dignities and liberties belonging thereto, likewise and in the same manner as if his majesty and his successors were present in proper person at the said place or places of council, appointed or to be appointed as said is. As also, our said sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves and, for his majesty and his successors, perpetually confirms a commission granted by his majesty's royal father King Charles I, of blessed memory, under his great seal of the foresaid kingdom, dated 1 July 1631, directed to certain noble persons for taking trial of the honours and privileges due to the foresaid office of high constabulary, with the report made by them to his majesty concerning the said privileges, which the said commissioners conceived to be due and belonging to the lord high constable, in the right of his office, dated 27 July 1631, and with an approbation by his majesty King Charles I of that report in a letter directed to the lords of his privy council, dated at Theobalds, 11 May 1633, with a declaration therein of his majesty's express pleasure, that the lord high constable should find no hindrance or trouble in discharging of what other dignities and charges belonged to his office at the time of his majesty's coronation, which had not been taken to consideration by the said commissioners, in all and sundry points, articles and clauses contained in the foresaid rights and titles granted to the said earls of Erroll or their predecessors, constables of this kingdom, and in the foresaid act of parliament, dated in the year 1617, and in the foresaid commission, report and letter of approbation thereof above-mentioned, and after the forms and tenors of all of them in all points. And his majesty, with advice and consent of the estates of this present parliament, statutes and ordains that the foresaid former rights, commission, report and letter of approbation shall stand and subsist and be good, valid, sufficient and unquestionable rights to the said John, now earl of Erroll, and his foresaids, and to his heirs or their deputes, for bruiking and enjoying the foresaid office of constabulary, with all honours, privileges, immunities, casualties, dignities and liberties belonging thereto, likewise and as freely as the said deceased Francis, earl of Erroll, did or might have enjoyed. And also, his majesty, with advice and consent foresaid, wills and grants and, for himself and his successors, decrees and ordains that this present ratification is and shall be as valid, effectual and sufficient to the said John, earl of Erroll, his heirs and successors, and to his or their deputes, as if the foresaid act of parliament of 1617 and preceding rights, and the foresaid commission, report and letter of approbation, were at length inserted and engrossed word for word herein; with the which and anent all defects and imperfections that may be objected against the validity of the said rights or this present ratification thereof, our said sovereign lord, with advice and consent of the estates of this present parliament, for his majesty and his successors, has dispensed and, by this act, dispenses for ever.

  1. NAS. PA2/31, f.98-98v. Back