[A1516/11/2]*[print] [email] [cite] [preceding] [following]
[King James, etc., to all good men, greetings. With the advice of John [Stewart], duke of Albany, his tutor and governor of the realm, and the three estates of the realm assembled in parliament in Edinburgh, 14 November 1516, the king committed power to Patrick [Panter], abbot of Cambuskenneth, king's secretary, master of the house of the Blessed Virgin Mary near Montrose, Brechin diocese, to change the ancient foundation of the said house into a new foundation in favour of the Observantine Friar Preachers,† for the souls of James IV and the king's ancestors and successors, and others mentioned, with a secular chapel or vicarage for the cure of souls of the inhabitants of the lands, as before, with a fee or pension from the lands. The patronage of the chaplain or vicar pertains to Patrick during his life, etc., and then to the feufermers and their successors, also the annualrents of the lands, which are to be paid annually. As is more clear in the charter of foundation, in this form:
Patrick Panter, abbot, etc., master of the house and church of the Virgin Mary near the burgh Montrose, to all, etc. Because a house was founded by the progenitors of James IV from the lands of Spittalschelis,† Denside, with a chalder of flour in place of annualrent and kane from Balandro, sheriffdom of Kincardine, the lands of Newmanswells and croft of Balkiellie, sheriffdom of Forfar, the lands of Clayshed† and Sandhaugh, to the north of the said burgh, sheriffdom of Forfar, along with various teinds and other profits arising from Christ's faithful, with a fishing on the water of Northesk, with a tithing of the fishing in fish, yet with the passing of time, through neglect of the masters, the hospital has ceased and the buildings fallen into ruin, and the lands alienated and given away by the masters in poor judgement, I Patrick, master, etc., to redeem and restore the house, have obtained permission with a decree of royal council to repair it, and, because the fruits are small, to incorporate the following annualrents:
1) Annualrent of 20 merks from Dalhastnie, Dabley,† Skannach† and Corniscorum† in the barony and lordship of Glenesk, sheriffdom of Forfar, alienated and sold by John [Lindsay], earl of Crawford.
2) Annualrent of 5 merks from the lands of the barony of Fern, same sheriffdom, alienated and sold by Sir Alexander Crawford of Auchtermoonzie.
3) Annualrent of 6 merks from the lands of Cookston in the barony of Roscobie, regality of the archbishop of St Andrews, alienated by Mr David Jardine, feufermer of the same lands.
4) Annualrent of 6 merks from the lands of Balendoch, barony of Inverkeilor, sheriffdom of Forfar, alienated by Thomas [Stewart], lord Innermeath.
And also the granting of indulgence to visitors to the said church, or who come to die there and choose to be buried there, with power of choosing confessors.
From which works it was consented to and committed by the king, John, duke of Albany, and the three estates, that the house is to be altered to the order of the Observantine Friar Preachers, with the right of patronage of the chaplainry or vicarage pertaining to me fully, and after me to the feufermers. Wherefore, although there are some priests and secular clerics put in place by me, hardly sufficient for divine services, for the augmentation of divine worship, and the eternal memory of James IV, know me, Patrick, with the authority of a parliamentary commission, to have ordained in the following way:
1) I give to Brother John Adamson, provincial of the observantine order, and the prior and successor brothers, the aforesaid house and church with lands on both sides of the common street in the burgh of Montrose for building a place and garden† for the brothers, however reserving to me and my family the use and habitation of all the front of the house constructed by me, connected to the church.
2) And because the labour and expense in money would be exhaustive, the lands of the church are granted in feuferme to David Panter and his male heirs, as is contained in a charter contained above.†
On that account, I give the feufermes and annualrents paid and raised to the brothers at the church at Whitsun and St Martin† in winter, namely all the annualrents written above and in the charter of amortization under the king's seal, also the superiority of the lands of Spittleshiels† and Denside, with the sum of £6 13s 4d from the lands of Newmenswells, one chalder of flour from the lands of Balandro, the fishing of Rethis† known as Marynett in the water of Northesk, all the offerings which previously pertained to me and the masters, also the superiority of the acres of Clayshed on the north side of the town, and the acres of Balkiellie, with the teind sheaves, all the lands of the said church and teinds of the salmons of Rethis called Marynett, having reserved the feuferme of the said acres, namely two shillings and sixpence from each acre of the sixty acres of Clayshed with the acre at Balkiellie, £7 10s total, for the chaplain for the cure of the souls of the inhabitants of the church lands, as the bishop and my predecessors bore before, and for my and my parents' souls, with the personal teinds and funerary rights of the inhabitants received before, raised in place of an annual pension. The donation is to pertain to me for life and then in feuferme, if the chaplainry is vacant, according to parliament's ordinance; ordaining the following for the prayers of the house of the brothers:
1) That there should always be a full convent of reformed friars, namely twelve friars and a prior at least, who will recite a mass of requiem each day for the soul of James IV, the souls of his ancestors and successors, for me and of my parents, and four times a year to ring the bells in Montrose for James IV (namely St Gorgonius' day (9 September), after the first Sunday in advent, after the first Sunday in Lent and after Trinity Sunday).
2) The second mass every day will be held for me, Patrick, and my parents, benefactors and descendents, at the altar of St Laurence, without note, with an anniversary on the day of my death and three other anniversaries on the days following the royal anniversaries.
3) The third mass every day will be celebrated without note for the soul of Mr John Harvie, parson of Benholm, with an anniversary on the date of his death, 10 August. 20 merks of annualrent is provided from the lands of Glenesk, with the customary aids, for the aforesaid souls and for the late John [Lindsay], earl of Crawford, Thomas [Stewart], lord Innermeath, and Mr David Jardine of Cookston, benefactors of this place.
4) The fourth mass each day without note, for souls of me, my father, mother, brothers, uncles, kinsmen and benefactors.
5) A place is assigned for a tomb for me, my kinsmen and family at the north end of the choir in a side place, made from stone, near the high altar.
If the conditions are not met, everything will return to how it was before. And that the provincial, priors and brothers of the order assembled assent and bind themselves to implement these conditions in future in a state of reformation, as now, and obtaining assent in the next general and provincial council† of the order, and the ratification of the pope and the apostolic see, as was procured before this foundation. Thomas [Niddrie], commendator of Culross, William Panter, canon of Moray, James Cortesium,† Leonard de Bertini, and others will be procured at the apostolic see with power to preserve the aforesaid order. Under my seal at Edinburgh, 9 May 1517. Witnesses Alexander Mill, canon and official of Dunkeld, James Lynn, canon of Dunkeld and parson of Durris, James Knowles, canon of Ross, Alexander Livingston and Henry Galbraith, vicar of Kinneil, with others.
All of which is confirmed and ratified by the king with the authority of Albany and the three estates, under the great seal. Witnesses, James [Beaton], archbishop of Glasgow, chancellor, David [Arnott], bishop of Galloway and the chapel royal at Stirling, James [Hepburn], bishop of Moray, Alexander [Gordon], earl of Huntly, lord Badenoch, Colin [Campbell], earl of Argyll, lord Campbell and Lorne, Hugh [Montgomery], earl of Eglinton, lord Montgomery, John [Hepburn], prior of St Andrews, George [Crichton], abbot of Holyrood, keeper of the privy seal, Gavin Dunbar, archdeacon of St Andrews, clerk of the rolls, register and council, James Ogilvie, parson of Kinkell, commendator of Dryburgh. Edinburgh, 14 November 1516, fourth year of the reign.]
[A1516/11/3]*[print] [email] [cite] [preceding] [following]
[James etc. The king, with advice of John [Stewart] duke of Albany, protector and governor, and the three estates assembled in parliament, inspected a charter of Patrick [Panter], abbot of Cambuskenneth, master of the house and church of St Mary near Montrose, to David Panter, junior, and his lawful heirs, of the lands of Newmanswells, sixty acres of lands of Clayshed,† with an acre near Balkiellie, on the north side of the burgh, and the lands of Spittalchelis,† with a small piece of Denside, sheriffdom of Kincardine, which lands pertain to the house and church, held in chief by our mandate, in this form:
[Narration of Patrick Panter's charter, with details of tailzie to David Panter, junior, and most details repeated as above]†
The charter and everything contained in it is approved by the king with consent of Albany, saving only the prayers of support of the persons who retreat to the said house and church.]