[1578/7/1]*[print] [email] [cite] [preceding] [following]
Forsamekle as it wes murmurit and meanit be sum evill advisit personis, our soverane lordis liegeis, disfavoraris off his grace gubernament and regiment of this realme and liegeis thairof in his awne persoun, and of the halding of this present parliament within the castell of Striveling, quhairby it wes allegeit that thair wes na frie acces nor libertie to the saidis liegeis to frelie repair and resort to our said soverane lord, his thrie estatis and lordis of articulis to intercommoun in sic effairis as wes treatit thairintill, albeit the contrare thairof be notour, and that all our said soveranis liegeis had, and hes, frie acces thairto, and nane stoppit to cum to his hienes nor to the saidis lordis to that effect; thairfore oure said soverane lord, with advise of his thrie estatis of this present parliament, hes declarit and declaris the samyn to have bene, and to be, ane frie and publict parliament quhair all his liegeis had and hes frie access, libertie and fredome to resort and repair to the said castell quhair the samyn is and wes haldin quha plesit to cum thairto, but stop truble or interruptioun.
[1578/7/2]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and thrie estatis of parliament, understanding how that efter the lang trublis and dangerous civill weir quhairwith this realme wes inquyed from the birth and coronatioun of his majestie unto the moneth of November, the yeir of God jM vC lxxij yeiris, umquhill Johnne, erll of Mar, lord Erskyne etc., than regent to his hienes, his realme and liegeis being laitlie decessit, James, erll of Mortoun, lord Dalkeyth, at the ernist sute of the nobilitie and estatis than convening, being nominat and electit be thame, acceptit upoun him the regiment of oure soverane lord, his realme and liegeis, quhilk electioun and nominatioun, with his acceptatioun of the said charge, being dewlie ratefeit and confirmit be his hienes and his estatis in his majesties parliament haldin at Edinburgh, the xxvj day of Januar, the yeir of God foirsaid, he, according thairto, enterit in the regiment of this realme in ane maist perralous tyme in respect of the said civill weir, and the castell of Edinburgh being than stuffit and detenit aganis our said soverane lord be sic as rebellit aganis his hienes and ane great numer of the principallis of the nobilitie than standing disobedient in his majesties auctoritie, quhilk castell being recoverit and the disobedient subjectis reduceit to thair allegeance, and the haill estatis schortlie pacefeit be the prudent and diligent travell of the said James, erll of Mortoun, with his great and sumptuous chargeis, he hes sensyne worthelie ussit and exerceit the regiment of this realme fra the acceptatioun of the samyn to the day of his dimissioun thairoff, quhilk wes the [...] day of March last bypast; at the quhilk tyme, our said soverane lord, the end of the tuelt yeir off his aige approcheand, acceptit the administratioun of his realme and liegeis in his awin persoun, the said lait regent haveing earnistlie lang of befoir wischit our said soverane lordis habilitie for the charge and craving na thing mair earnistlie to be disburdenit thairof withe honour and [...] of our soverane lordis persoun and estait and the publict peax and tranquillitie of this realme and subjectis, quhilk the said James, erll of Mortoun planelie testefeit not onlie be his lettres patent of dimissioun under his seall and subscriptioun of the dait foirsaid, bot utherwys be his maist humill obedience randerit to his majesties auctoritie, acceptit in his hienes awin persoun as said is, and be his humill obeydience in randering of all thingis committit to his charge and keping during the tyme of his regiment, and of his movablis and jowallis quhilkis he had during the tyme of the samyn regiment recoverit fra utheris efter the appaising of the saidis lait trublis; thairfore, our said soverane lord and thrie estatis of parliament have ratefeit, approvit and affirmit and, be the tennour heirof, ratefeis, apprevis and affermis the dimissioun and renunciatioun of the said regiment maid be the said James, erll of Mortoun to our said soverane lord, to be exerceit thairefter in his awn persoun fra the dait of the said dimissioun and renunciatioun be the said James, erll of Mortonis, lettres of dimissioun patent under his seall and subscriptioun of the dait abonespecifeit, notwithstanding the said dimissioun wes maid in the minoritie of our soverane lord, befoir the said erllis regiment wes expyrit, be reasoun that the said act of parliament maid at his acceptatioun thairof appointit his said regiment to continow during the minoritie of our soverane lord and that, in respect thairof, thair sall na falt be imput to the said erll. And als our said soverane lord and his thrie estatis of parliament ratefeis and apprevis our said soverane lord acceptatioun of the said regiment efter the foirsaid dimissioun, and findis and declaris that the administratioun of his hienes realme, guvernament and auctoritie thairof is in his hienes awn handis, to be governit and administrat be him selff with advise of the counsell, quhilk, be this present parliament, salbe appointit to his hienes. And, thairfoir, our said soverane lord, with the saidis thrie estatis of parliament, all in ane voce, hes declarit and declaris that thair is na uther auctoritie, nor forme of auctoritie, counsall nor regiment within his hienes realme bot that quhilk is establissit in his majesties awne persoun, to be ministrat and exerceit be his hienes, with advise of the foirsaid counsell, be the estatis of this present parliament to be establissit, dischargeing and annulling all uther forme of auctoritie and regiment, except the forme, regiment and auctoritie abonespecifiit. And forthair, our soverane lord and thrie estatis foirsaidis findis and declaris that the office, power and auctoritie of our soverane lordis counsell electit of befoir at Striveling, the [...] day of [...] last bypast, endit and expirit upoun the tent day of Julii instant, and rescindis, retretis, casis, and annullis all and quhatsumevir thingis procedit and done be thame in name of our soverane lord or as his counsell to be of nane availl, force nor effect, with all that followit thairupoun sen the said tent day of Julii. And thairfoir commanding all his hienes liegeis that they, nor nane of thame of quhatsumevir qualitie, estate or degrie that ever thay be of, tak upoun hand to cum incontrare the premissis or ony part or point thairoff, directlie or indirectlie, or tak upoun thame to do ony thing in name and be the auctoritie of oure soverane lord, or to obey ony uther auctoritie, guvernament or counsall bot as is befoir specifiit, under all hiest pane and charge that the saidis contravenaris and everie ane of thame may incur be the lawis of this realme aganis thair allegeance, and his hienes auctoritie. And that publicatioun be maid of this present act at the mercat croces of all burrowis and utheris placeis neidfull withe convenient diligence.
[1578/7/3]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord, with advise of his thrie estatis of this present parliament, hes ratifiit and apprevit, and, be the tennour heirof, ratefeis and apprevis all and quhatsumevir actis of parliament, statutis and constitutionis past and maid of befoir, aggreable to Goddis word, for mantenance of the libertie of the trew kirk of God and religioun now presentlie professit within this realme and puritie thairof, and decernis and declaris the samyn to have effect in all pointis efter the forme and tennour thairof.
[1578/7/4]*[print] [email] [cite] [preceding] [following]
†Forsamekle as our soverane lord, with advise and consent of the thrie estatis of parliament, hes ratifiit and apprevit the dimissioun of the auctoritie of his regiment maid to his hienes be James, erll of Mortoun, lord Dalkeithe, lait regent to his majestie, his realme and liegeis, to be exerceit heirefter in his awn persoun be advise of his counsale be this present parliament appointit, and lykwayis hes declarit that thair is na uther auctoritie, forme or face of regiment or counsall bot that quhilk is establissit in our soverane lordis persoun, to be exerceit be the advise of his counsall; and the saidis thrie estatis, considering weill the tender aige of our soverane lord, and as yit hes small experience in materis of wecht and importance concerning his majesties croun, the estate of this realme and guvernament of his subjectis, they all in ane voce, haveing thairto his hienes awin mynd and will, have electit and chosin and, be the tennour heirof, electis and cheisis [...]der writtin to be lordis of our soverane lordis previe counsell [...]sonis: thay ar to say, James, erll of Mortoun, lord Dalkeithe etc., [...], erll of Argyll, lord Campbell and Lorne, justice generall etc., Ro[...] Darnelie, Hew, erll of Eglintoun, lord Montgomerie, Williame, erll [...]carne [...] Andro, erll of Rothes, lord Leslie, Robert, erll of Buchane, Robert, lord Boyd, An[...] Uchiltrie, Allane, lord Cathcart, David, commendatar of Dryburgh, and Adame, commendatar off Cambuskynneth, by and attour our soverane lordis officiaris, to wot, the lordis chancellair, thesaurair, secretair, comptrollair, clerkis of register, justiciarie, advocatt and kepar of the previe seall, admittand alsua the officiaris to have acces to the counsell to be present thairat as thay salbe commandit; the quhilkis ordinar officiaris ar appointit ever upoun our soveran lordis counsell, sa mony of thame as will repair thairto, providing alwyse that of the saidis officiaris thair be four, thrie or twa at the leist, continowallie resident as thay salbe commandit be our soverane lord and the remanent of his counsall, and that in absence of the lord chancellair thair be ane president appointit be the remanent of the counsell than resident quha sall exerce his office to his returning. Inlykwise, quhensoevir the comptrollair, thesaurare or secretare salhappin for necessar causis to be absent, thay sal have thair deputis continowallie resident with the counsell for the discharge of sic thingis as apertenis properlie to everie ane of thair chargeis, for the quhilkis deputis they salbe haldin to ansuer respective; and of the remanent tuelff personis, by the saidis ordinare officiaris, thair sall remane with our soverane lord at Striveling, quhair his majestie now is, or quhair his hienes sall happin to be for the tyme, four personis, by the ordour and cours following, quhilkis salbe oblist to mak thair residence for the space of tua monethis: that is to say, the said James, erll of Mortoun, Robert, erll of Levenax, Allane, lord Cathcart and Adame, commendatar of Cambuskynneth, sall mak residence with our soverane lord upoun his counsall fra the first day off August nixtocum inclusive to the last day of September exclusive; the said Coline, erll of Ergyll, Robert, erll of Buchane, Robert, lord Boyd and Andro, lord Stewart of Ucchiltrie sall enter the first day of October, remane and continow to the last of November inclusive; the said Hew, erll of Eglintoun, Andro, erll of Rothes, Williame, erll of Glencarne and David, commendatar of Dryburgh sall enter the first day of December and remane and continow to the last day of Januar inclusive; and thairefter to begynn and continow thair coursis of residence successive according to the ordour and dispositioun foirsaid, providing alwys that in cace ony of the saidis persounis now electit refuis or delay to accept thair charge, or efter thair acceptioun deceis, that our soverane lord, with advise of the remanent of the said counsell, sall elect and cheis utheris in thair place. As als his hienes, with advise foirsaid, thinkis expedient to adjone utheris to the haill numer, not exceding twa or thrie personis, quhilkis haill personis now chosin presentlie upoun the kingis counsell hes maid faithe in presence of the kingis hienes and estatis foirsaidis that thay and everie ane of thame sall gif thair afauld, leill and trew counsall in all thingis that salhappin to be proponit in counsall tending to the honour and suirtie of our soverane lordis maist noble persoun, the comoun affairis of this realme and liegeis thairof, and keip the samyn secrete and unrevelit be ony maner of way as thay sall ansuer to God and his hienes upoun the contrare (exceptand the saidis erllis of Argyill, of Rothes and the chancellair, secretair, directair of the chancellarie now absent and utheris to be chosin as said is). And, thairfoir, the kingis grace and estatis foirsaidis gevis and grantis full power and commissioun to the rest of the foirsaidis personis chosin upoun the said counsall, or ony four of thame, to resave the athis of the saidis lordis absent quhen they salhappin to compeir, quhilk thay declare to have als great strenth, force and effect as the samyn wer now presentlie done. And becaus it is perfytlie knawn to our soverane lord and thrie estatis foirsaidis that the said James, erll of Mortoun, his lait regent, faithfullie, trewlie and diligentlie guvernit the said realme and liegeis during the tyme of his regiment, to the proffit our soverane lord, the comoun welth of the realme and the tranquillitie of all the subjectis; in respect quhairof, and of his wisdome and experience in the affairis of the estate, he is electit and chosin for ane of his hienes previe counsell, appointit to indure quhill further ordour be tane be parliament; and be reasoun that the said erll hes verie laitlie in his guvernament and regiment presentit our soverane lordis persoun in executioun of his auctoritie royall, and als in respect of his guid qualificatioun, diligent knawlege and experience in the affairis, oure soverane lord, withe the advise of his thrie estatis for the causis foirsaidis, and als that the said erll and sic personis of the nobilitie as salbe chargeit in sic maner withe the service of oure soverane lord and his successouris may considder that thay salbe promovit and advanceit to honouris, and that his hienes is not, nor sall not, be forgetfull of thair service past, thairfoir it is ordinit be our soverane lord and his thrie estatis foirsaidis that the said James, erle of Mortoun salbe the first of his majesties counsell and all uther honouris and preeminenceis befoir ony of his hienes subjectis, in respect that he hes sa laitlie borne the commandement of his majestie in his hienes name abone his liegeis as said is. It is ordanit alsua that the maister of requeistis and clerk of secreit counsall sall everie day remember the lord chancellar, or, in his absence, his place haldar, of the effairis concerning the estait of the causis dependand and of requeistis and supplicationis maid, that thai may be proponit, hard, treatit and determinat as the necessitie of everie ane of thame sall require, providing alwayis that in the counsall befoir none be treatit allanerly the publict effairis of the estait of the realme concerning the king and commoun effairis, and that the supplicationis and billis be red and deliverit and particular cause hard ressonat and determinat efter none (except that befoir none thair be na sic occasioun as is befoir specefiit); and that the saidis lordis convene everie day befoir none and efternone for treating of the saidis effairis and remane togidder in decent forme as becummis thair estaitis, honouris and offices for sic reassonabill space as the expeditioun of thair present effairis sall require. And because the greitest prejudice that may† be engenerat to our soverane lord ather anent materis concerning the estait publict, his awin particular commoditie or the rewle of his subjectis, may stand and consist in the passing and directing of signaturis, lettres and missyves, it is considderit and fund expedient, as als it is statut and ordanit, that the thesaurar, comptrollar or secretar be thame selffis or thair deputis for the quhilkis thai salbe haldin to ansuer as said is, sall first ressave all lettres, writis and signaturis pertening properlie to thair offices, to wit, the thesaurer and his deputis, all signatouris of new infeftmentis proceding from the kingis new dispositioun; infeftmentis of landis cumand in his hienes handes be forfaltour, recognitioun, bastardrie and as last air; of presentationis of heritable tennentis to utheris superiouris of landis haldin of thame and becum in our soverane lordis handis be ressone of foirfaltour, bastardrie and as last air; of giftis of escheitis, of lyfrentis and of reversionis fallin in escheit be foirfaltour; of rehabilitationis of personis foirfaltit improvin or defamit; of respectis and remissionis of giftis and confirmationis of new regaliteis; of erectioun of new barronyis and unioun thairof; of giftis of nonentress in prejudice of the said subwassall and of naturall sazionis and of tailleis; quhilkis being ressavit first from the partie be the said thesaurer or his deputis, thay sall proceid na forder thairin but the advise of oure soverane lordis foirsaid counsall, in quhais presens at thair assemblie the sam salbe schawin and considderit and the abbreviatur of the sam and everie ane thairof salbe insert in the counsall buik be the clerk, with record of the grant or refusall of the samyn be the counsall. And gif the sute be fundin unreassonabill, that thair it sall stay and pas no farthair; bot gif the samyn beis grantit, than sall the thesaurer or his deputis than resident, with ony twa of the saidis lordis of counsall, by the ordinare officiaris foirsaidis and the clerk of secreit counsall, subscrive the said signature or writ grantit in presens of the haill counsall at thair sitting and conventioun andna utherwyiss, thairefter that the said signatour, lettre or wreting be presentit to his majestie to be subscrivit, gif his hienes find the sam ressonabill to be grantit; and that na signatour, lettre nor writing pas utherwyise nor the ordour befoir specefiit be of force, strenth nor effect, and commanding the keiparis of the signet, previe and greit seillis that thai pas na signatour or lettre bot upoun the warrand, keipand all the premisis as thai and everie ane of thame will ansuer to oure soverane lord. And as concerning utheris commoun signatouris, sic as of resignationis or confirmationis efter the forme et tennour of the auld infeftment, na thing changit bot the persoun quha salbe infeft, the signatouris of legitimationis, giftis of escheit of movabillis, signatouris of regress, of wairdis, nonentress, releiff and mariages, of the gift of unlawis signaturis of fundatioun and mortificatioun of guidis movabill fallin in escheit be bastardrie or as last air, and of all utheris signaturis concerning the thesawrer (except befoir exceptit), the thesawrer and his clerk may tak thair compositioun and fyne with the partie according to thair awin discretioun as hes bene usit befoir. It is providit alwyis that the compositioun of the infeftmentis of few ferme of kirklandis sall pas be the commissioneris appointit thairto, as the consuetude hes bene befoir in lyk maner; that the comptroller and his deputis tak cair of the kingis propertie to the customes, and that, be the advise of the counsall, he put sercheouris for forbodin guidis and guidis uncustumat had, or to be had, furth of the realme; and that na licence be gevin for transporting of forbodin guidis and guidis uncustumat had, or to be had, furth of the realme by the advise of the counsall. Lykwise, that the comptroller and his deput present to the counsall all signatouris of new infeftmentis of the kingis propertie, or signatouris past upoun resignationis quhair the contradictioun of the auld infeftment is onywayiss alterit, and that thai proceid thairupoun in manner foirsaid as is abone specefiit concerning the expeditioun of signatouris pertening properlie to the thesaurar. The said comptrollar and his deputis may alwyis set fyve yeiris tak be vertew of his office for payment of the gersum and dewtie and als may enter the kyndlie and native tennentis and pas all uther commoun signatouris properlie pertening to his office without the determinatioun of the counsall. And the secretar and his deputis sall attend upoun thair proper charge, to wit, upoun the dispatche and ressait of all messyves forane and within the realme, of all requeistis maid be our soverane lord to ony of his subjectis and all utheris messyves direct for conventioun and assembling of his estaitis liegeis and subjectis and utheris, be the quhilk our soverane lord may be fundin and oblist; all salf conductis and supplicationis for salf conductis, pervisionis of benefices be resignatioun, dimissioun or new donatioun, all the quhilkis salbe subscrivit be the secretar or his deputis being for the tyme under our soverane lordis subscriptioun, thay being alwayiss proponit and vesiit be the counsall and approvin be thame as said is. And als that na persoun present ony signatour lettre or write to our soverane lord to be subscrivit be his hienes bot the officer quhairinto the charge thairof properlie appertenis as said is, provyding gif thai refuise, the complaintis of all personis thairby interessit salbe hard in the counsall. It is alsua providit that all lettrez commanding our soverane lordis subjectis to ony effect salbe direct be the advise of the counsall and na utherwayis. And in consideratioun of the absence of Robert, commendatar [...]fermling, secretar to our soverane lord, now ambassadour to the quene of England, it is aggreit that [...] George Buchquhannane pensioner of Corsragwell, and Maister Peter Young, preceptour to our soverane lord, supplie his place in that behalf, the ane in absence of the uther. And alsua it is statut and ordanit that the thesaurar and comptrollar ansuer nane of our soverane lordis preceptis for sowmes of money to na persoun or personis, except the saidis preceptis direct or to be direct be vesiit and approvin be the said counsall, and this present ordour takin to indure ay and quhill ane ordour be takin be the parliament.
[1578/7/5]*[print] [email] [cite] [preceding] [following]
Forsamekill as the universiteis of this realme ar appointit for the educatioun of the youthheid quhilk suld be seid of gude learning and maneris within this realme, and that the samyn being richtlie foundit, alsweill in rentis as provisionis of maisteris and burserris, and that notwithstanding thay ar misusit be particular personis to thair awin avantage, without respect of the educatioun of the youth in wertew and gude lettrez, regarding na thing the commoune welth of this realme; for remeid of the quhilk, our soverane lord, with advise and consent of the thrie estaitis of parliament, gevis, grantis and commitis full power and commissioun to richt honorabillis reverend personis efter following, to pas to the collegis and universiteis efter specefiit, and thair vesy and considder the fundatiouns and erectionis of the universiteis and collegis within this realme; with full power to thame to reform sic thingis as soundis to superstioun, ydolatrie and papistrie, and to displace sic as ar unqualefiit and unmeit to discharge thair office in the saidis universiteis, and to plant sic qualefiit and worthie personis thairintill as thai sall find gude and sufficient for the educatioun of the youth and conform to the commoun weill of this realme: that is to say, for the universiteis of Sanctandrois, the archebischop thairof, the Archebischop of Glasgow, the Bischop of Aberdene, Robert, erll of Levenox, Robert erll of Buchane, Maister Andro Melvile and Maister Peter Young; for the Universitie of Aberdene, the said Archebischop of Sanctandrois, the Bischop of Aberdene, the said Robert, erll of Buchane, the commendatar of Deir, Maister Robert Maitland, dene of Aberdene, and Maister George Hay, persoun of Rauthwen; for the Universitie of Glasgw, the archebischop thairof, the said Robert, erll of Levenox, Robert, lord Boyd, Maister Andro Hay, Maister Thomas Smetoun and Maister Andro Polwart, quhilkis personis particularlie abonewrittin, appointit as said is, sall convene and begyn at Sanctandrois the first day of November nixt tocum, at Aberdene the xv day of the samyn moneth, and at Glasgow the xxiiij day of the samyn moneth of November nixt tocum; and thai being convenit at the particular places respective abone expremit, sall put this present act and ordinance to dew executioun in all pointis, efter the form and tennour thairof, as thay will ansuer to oure soverane lord thairupoun, and to report thair procedingis respective to the kingis grace and counsall the first day of Januar nixtocum, and to that effect that thai may tak forthir ordour thairintill gif neid beis.
[1578/7/6]*[print] [email] [cite] [preceding] [following]
†Item, anent the article proponit gif ministeris and redaris aucht and suld pay teynd for thair gleibis and kirklandis designit to thame, conform to the act of parliament maid thairanent, for ansir thairto, oure soverane lord, with advise and consent of the thrie estaitis of this present parliament, findis and declaris that the saidis ministeris and redaris aucht and suld pay na teindis for thair saidis gleibis and kirklandis extending to four aikiris of land designit to thame, conform to the said act, bot decernis and declaris thame to be frie of the saidis teyndis and dischargis thame simpliciter thairof in all tyme cuming.
[1578/7/7]*[print] [email] [cite] [preceding] [following]
†Item, because divers hospitallis hes bene erectit be oure soverane lordis maist nobill progenitouris and utheris zelous and devoit men within the cuntrie, quhilkis alwyis ar becum in decay be negligence of sic to quhome the ane cure thairof pertenis, and ar set in few and takkis without all gud ordour, in respect that the wituallis and utheris proffitis pertening to the saidis hospitallis ar convertit in small sowmeis of money, sua that the pure and bedderallis of the saidis hospitallis hes small or na thing to leif upoun. For remeid of the quhilk, oure soverane lord, with advise and consent of the thrie estaitis of parliament, ordanis the chancellar for all the hospitallis foundit be our soverane lordis maist nobill progenitouris, and the bischoppis and commissioneris of dioceis quhair na bischoppis ar prouidit for all utheris hospitallis, try the quantitie of thair rent, the ordour of thair fundatioun and the estait quhairin the rent presentlie is, and to that effect, that the lordis of counsall and sessioun direct lettres charging the haiffaris of the fundationis and erectionis of the saidis hospitallis, fewaris and takkismen of the landis and utheris pertening thairto to produce the samyn befoir the saidis chancellar, bischop and commissionaris at sic dayis and places as thai sall appoint, to be sene and considderit be thame to the effect that ordour may be tane upoun the reformatioun of the decay of the samyn hospitallis, under the pane of rebellioun and putting of thame to the horne; and that the saidis chancellar and utheris foirsaidis report thair ansir to the kingis grace and lordis of secreit counsall betuix and Peasch nixtocum.
[1578/7/8]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with avise of his thrie estaitis of parliament, haiffing considderit and digistlie avisit how that, efter the lang trubles and dangerous civill weir quhairwith this realme wes inquietit, from his hienes birth and coronatioun unto the moneth of November, the yeir of God jM vC lx and twelf yeiris, his hienes umquhile richt traist cousing Johnne, erll of Mar, lord Erskin etc., regent to his majestie, his realme and lieges, being deceissit, his richt traist cousing and counsalour James, erll of Mortoun, lord of Dalkeyth etc., being nominat and electit be the nobilitie of this realme, acceptit upoun him the regiment of the samyn and liegeis thairof; the quhilk electioun and nominatioun, with his acceptatioun of the said charge, being dewlie ratefiit and confermit be oure said soverane lord and his estaitis in the parliament haldin at Edinburgh, the xxvj day of Januar, the yeir of God foirsaid, the said James, erll of Mortoun, lord of Dalkeyth, enterit in the administratioun of the said regiment in ane maist perellous tyme in respect of the said civill weir and the castell of Edinburgh being than stuffit and detenit aganis oure said soverane lord be sic as rebellit aganis his hienes, and ane grite nowmer of the principallis of the nobilitie than standing dissobedient to his majesties auctoritie; quhilk castell being recoverit and the dissobedient subjectis reducit to thair allegeance and the haille estaitis schortlie pacefiit be the prudent and diligent trawell of the said James, erll of Mortoun, with his grit and sumptuis chargis he hes sensyne worthelie usit and exercit the regiment of this realme, fra the acceptatioun of the samyn in his persone to the day of his dimissioun thairof, quhilk wes the [...] day of Marche lastbipast, at the quhilk tyme, oure said soverane lord, the end of the twelf yeir of his aige approching, acceptit the administratioun of his realme and liegeis in his awin persone, the said lait regent haiffing erslie wischit our soverane lordis habilitie for the charge and craving na thing mair ernestlie than to be disburdynnit thairof, with honour and suirtie of our soverane lordis persoun and estait and the publict peax and tranquillitie of this realme and subjectis. Thairfoir our said soverane, with avise of the thrie estaitis, haweand gude prufe of the trew and faithfull service done to his majestie be the said James, erll of Mortoun, alsweill befoir his acceptatioun of the said regiment as sensyne for defence and saulftie of our said soverane lordis persone and auctoritie, cheiflie in the dangerous tymes then occurring, and being myndfull of his said gude and faithfull service, in respect thairof, and that utheris of the nobilitie that salhappin to be employit in his hienes service may serve his majestie and successouris with the gritar affectioun in tyme cuming, haif takin full cognitioun in the caus and thairfoir haif fund and, be the tennour of this present act, findis, declaris and decernis that the said James, erll of Mortoun hes dewlie, lawchtfullie, justlie and diligentlie exercit the said office of regiment and all effairis, causis and charges thairto appertening, and hes trewlie, as accordit in all respectis, administrat the samyn fra the tyme of the acceptatioun thairof to the day of his dimissioun of the samyn, and hes ewer during the same space, in all his procedingis in the gubernament of this realme, keipit ane trew afauld and just part towart oure said soverane lord, his realme and liegeis in all the effairis thairof, without cryme, offence or fault, and ratefiis and apprevis quhatsumevir thingis done be him during his said regiment. And thairfoir our said soverane lord and thrie estaitis of parliament decernis, declaris and ordanis that the said James, erll of Mortoun, his airis and successouris sall not be accusabill for ony maner of cryme of quhatsumevir gritnes or wecht, without exceptioun, that may be alleigit commitit be him in tymes bipast, bot that he, his airis and successouris ar, and salbe in tymes cuming, frelie dischairgit and exonerit of all accusatioun and utherwayis proceding, calling, persewing, mowing of pley or questioun aganis thame for ony caus, cryme or occasioun of crym quhatsumevir that may be imput to thame how so greit that ever the same be; and that this present declaratioun in parliament be ane sufficient exoneratioun and acquittance to the said James, erll of Mortoun etc., his airis, successouris and assyis of all crymes, questionis or defences that can, or may be, criminall or civill, imput to him or thame be our said soverane lord for ony fact or deid done be him, his servandis and ministeris in the said administratioun of regiment during the space and tyme thairof; and this present acquittance and discharge our said soverane lord and thrie estaittis foirsaidis will and grantis to be als valeabill and of als grite strenth, force and effect in all respectis as gif the hiest cryme that can or may be imput to ony persoun wer speciallie expressit thairin, discharging all jugeis and ministeris of the lawes that nane of thame attempt ony thing in the contrair heirof and of thair offices in that pairte. And forder, our said soverane lord and thrie estaittis of parliament hes dischargit, quitclamit and exonerit and, be the tennour of this present act, quitclames, dischargis and exoneris the said James, erll of Mortoun etc., his airis, executouris, assignayis and successouris, his ministeris, factouris and servandis, of all sowmes of money, cunyeit and uncunyeit, all maillis, fermes, proffeitis, rentis and dewteis, bayth of the propertie, patrimonie and casualitie of this realme and dominionis thairof, and of his hienes cunyie and proffeit thairof, the thriddes of benefices with all uther guidis, geir and thingis quhatsumevir, alsweill unnamit as namit, pertening or that onywise micht haif pertenit to our soverane lord sen his intromissioun with the said office of regiment, intrometit with be the said James, erll of Mortoun, his ministeris, factouris and servandis in his name during the said space; and with advise and consent of his saidis estaitis, will and grantis that this, his hienes exoneratioun and discharge, be als valiabill and of als grite strenth force and effect to exoner, quitclame and discharge the said erll of Mortoun, his airis, executouris, assignayis and successouris of ony thing of quhatsumevir valeour, grite or small, that may be askit, requirit or persewit be our said soverane or his successouris aganis the said Erll of Mortoun, his airis, executouris, assignayis or successouris, as pertening to his hienes be ony richt or titill during the said space of the said James, erll of Mortounis, regiment and administratioun, lyke as the samyn had bene speciallie expremit in this present discharge and lyk as the greitest and maist valeable thingis with the quhilkis he may be chargit had bene heirintill expremit. Attour, oure soverane lord, be the avise of the thrie estaitis of parliament, exoneris, quitclames and dischargis the said James, erll of Mortoun of the castell of Edinburgh, munitioun, movabillis, airtailyearie, jowallis and clething being thairin specefiit in the inventar maid thairupoun and be deliverance maid thairof to Alexander, maister of Mar, be his hienes commissioun direct thairupoun, with avise of the lordis of his secreit counsall, and ratefiis and appreves the acquitance and discharge gewin be William, lord Ruthven, thesaurer to our soverane lord, Patrik Lyndsay of the Byris, commissionaris to his hienes in that behalff. And als oure said soverane lord, with advise and consent foirsaid, ratefeis and appreves the exoneratioun and discharge grantit of befoir be his hienes, with advise of the lordis of his said secreit counsall, to the said James, erll of Mortoun of the said administratioun of regiment during the space foirsaid; lyk as his hienes, be avis of the saidis thrie estaitis, promittis in ane word of ane prince to ratefie all and sindrie the premissis in the nixt parliament efter his perfyte aige and newer to cum in the contrair heirof directlie nor indirectlie, but prejudice alwayis of the band maid be the nobilitie, estaitis and baronis of this realme, subscrivaris thairof, to the said James, erll of Mortoun for mowing of oure said soverane lord, providing alwayis that this present discharge and ratificatioun on na wayis prejuge our soverane lord anent his generall revocatioun of thai thingis that cumis under the samyn, according to the lawis of the realme.
[1578/7/9]*[print] [email] [cite] [preceding] [following]
Oure soverane lord the kingis majestie and thrie estaitis of this present parliament, perfytlie remembring and understanding that in the moneth of September, the yeir of God jM vC lx ellewin yeiris, immediatlie efter the deceis of Mathow, erll of Levenox, his hienes gudsir and regent of gude memorie, in the heit of the intestene weiris and trubillis than raisit and reging aganis his majesteis auctoritie, umquhile Johnne, erll of Mar, fader to now Johnne, erll of Mar, was nominat, electit and constitute regent to his majestie, his realme and liegeis, and the said electioun and constitutioun and acceptatioun of the said office be the said umquhile Johnne, erll of Mar wes be his majestie, with consent and approbatioun of the erllis, lordes, prelattis, commissionaris of burrowis, barronis and utheris faithfull subjectis convenit in parliament, decernit lawchtfull and sufficient, and that quhatsumevir thingis the said umquhile Johnne, erll of Mar, regent, had done, be vertew of his said office, or quhilkis he suld do thairefter in his majesteis name and auctoritie, to be als dewlie, lauchtfullie and richteouslie done, and to haif als grite availl and effect in all respectis as ony thing done be quhatsumevir regentis or governouris within this realme in the minoriteis of ony utheris native princes of the samin. And the said umquhile Erll of Mar, for dew administratioun of his said office and defence of his majestie and his hienes auctoritie, wes compellit to leif his majesties maist delectabill presens and cumpanie and his honorabill and peceabill estait of lewing in the castell of Striviling and pas to the toun of Leyth, and thair, with the utheris nobill men and faithfull subjectis defending and assisting his hienes auctoritie in halding of ane grite nowmer of men of weir, and furnessing of munitionis and uther thingis necessar for weir aganis the grite nowmer and strenth of adversares than being in grite companie in the castell and toun of Edinburgh and divers places of his majesteis realme, not only spendit and debursit all and quhatsumevir rentis, rowmes and utheris proffitis micht be brocht in pertening to his majestie, other in propertie or casualitie, besydis the thirlage of his awin leving and the rentis of his proper dependence for the advancement of our soverane lordis service, bot alsua oftymes baith day and nicht exponit his awin body and lyff with the utheris nobillmen and faithfull subjectes foirsaidis to the schot of the cannone and ege of the suord be all the space for the maist pairte of his lyff, efter the electioun and acceptatioun of the said office be him, ay and quhill it pleissit the almichtie God, in the favouris of his majestie be the prudent administratioun of the said office be the said umquhile Erll of Mar and the faithfull and stuit defending of his majesties auctoritie be him and utheris nobill men and faithfull subjectes assisting thairto, ane abstinence wes tane for forder treating of the pacificatioun of the saidis trubbillis in the moneth of Julii jM vC lxxij yeiris, efter the quhilk schortlie the said umquhile erll, at the plesour of God, depairtit out of this lyff. Thairfoir, in respect of the manifest trewth of the premiss, oure said soverane lord and estaitis foirsaidis, be this present act, declaris and decernis that the said umquhile Johnne, erll of Mar, sumtyme regent to his majestie, his realme and liegeis, dewlie, vailyeantlie, justlie and diligentlie exercit the said office of regiment and all effairis, causis and chairges thairto appertening fra the tyme of his acceptatioun of the said office unto his deceis, and in all his procedingis and doingis the tyme of his gubernament and regiment keipit and observit ane trew, just and vailyeant pairte towart his majestie and defence of the auctoritie, realme and liegeis in all effairis thairof without offence or fault; and ratefiis and appreves, thairfoir, all and quhatsumevir thingis done be him in the samyn and exoneris and discharges Johnne, now erll of Mar, sone and air to the said umquhile Johne, erll of Mar, his airis, successouris and assignayis of all and quhatsumevir factis and thingis done be his said umquhile fader, his servandis or utheris in his name, in the administratioun of the said office of regiment and during all the space and tyme of the samin; and als of all sowmes of money, mailles, fermes, proffittis, rentis, revnues and dewteis, baith of his majesteis proper patrimonie and casualitie of this realme, and proffeit of his majesties cunyie, thriddis of benefices and quhatsumevir utheris guidis or geir, alsweill unnamit as namit, pertening or that micht ony wayis haif pertenit to his majestie induring the tyme foirsaid intrometit with be the said umquhile Erll of Mar, his factouris and servandis in his name, and all actioun and instance that may be intentit or persewit aganis the said Johnne, now erll of Mar, sone and air to the said umquhile Johnne, erll of Mar, or ony utheris be his occasioun ony wayis concerning the premiss or ony pairt thairof, provyding alwayis that this present discharge and ratificatioun on na wayis prejuge our said soverane lord anent his generall revocatioun of thai thingis that cumis under the same.
[1578/7/10]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and thrie estaitis of parliament, haiffing considderit and weill rememberit the trew, faithfull and thankfull service done be umquhile Johnne, lord Erskin, fader to umquhile Johnne, erll of Mar and gudsir to Johnne, now erll of Mar, to his majesteis gudesir, King James the Fyift of maist nobill memorie, his moder and his hienes selff respective in the tymes of thair infancie and youth be gubernament and attendance of thair persones being commitit unto thame, as in quhome thair wes maist assurit traist reposit, as laitlie our soverane lordis maist derrest moder, with avise of ane pairte of hir nobilitie, commitit the nurisching of our soverane lord schortlie efter his birth to the said umquhile Johnne, erll of Mar, quha last deceissit, quhilk charge he acceptit in and upoun him and dewlie accomplisched and fulfillit the same to his deceis, quhilk wes in the moneth of October, the yeir of God jM vC lxxij yeiris; at the quhilk tyme, ordour being takin of new for preservatioun and suirtie of his hienes persone, it wes thocht maist convenient that his majestie suld abyde and remane within the castell of Striviling quhair he hes bene brocht up fra his youth, the heretable keiping quhairof pertenit to the said Johnne, erll of Mar, bot in consideratioun of his tender aige the tyme of his said umquhile faderis deceis, he beand than ellewin yeiris of his aige or thairby, it wes appointit and divisit that the charge and attendance upoun our soverane lordis persoun suld ly for that tyme upoun Alexander, maister of Mar, assistit alwayis with the freindis of the hous of Mar, our soverane lord his regent for the tyme; and his counsallis intentioun being that the said charge suld indure till that the said Johnne, erll of Mar micht becum mair abill for that service, quhilk appointment and ordour wes dewlie and weill observit, and our soverane lord approching the end of the twelf yeir of his aige, haiffand ressavit the gubernament of his hienes realme in his awin hand be dimissioun of the regiment thairof laitlie exercit of befoir be James, erll of Mortoun, lord of Dalkeyth, quha at our soverane lordis commandiment, be advise of the secreit counsall and estaitis, had deliverit to the said Maister of Mar his hienes castell of Edinburgh, with the haill plenessing insicht, jowallis, movabillis, munitioun and artailyearie being thairin; and at the samyn tyme, the said Johnne, erll of Mar cuming to ane man, and be the assistance of the freindis of the hous, abill and qualefiit to serve in the said charge quhairwith the said Alexander, maister of Mar wes burdynnit, bot speciallie in respect of his aige, pupillar the tyme of his said umquhile faderis deceis, and being appointit to the keping of the said castell of Edinburgh with the movabillis, jowallis and munitioun ressavit thairwith, being of sa grite availl and importance, culd not convenientlie attend upoun his hienes service in awaiting upoun our soverane lordis persone, togidder with the keping of the said castell of Edinburgh as appertenit; and heirwith all thair appering ane certane miscontentment and diversitie to arryse betwix the said Johnne, erll of Mar, his freindis and dependaris, and the said Alexander, maister of Mar, quhilk wes liklie to incres, to the hinderance of our soverane lordis service, the sam wes be our soverane lord and lordis of his hienes previe counsell tymouslie foirsein, and the mater, being tryit in presens of bayth the saidis parteis, wes finall ordour takin be his hienes and lordis of secreit counsall be all thair consent that for divers ressonabill causis the attendance upoun our soverane lordis persone and keping of the said castell of Striviling, quhair his hienes abaid and abydis, suld cheiflie appertene to the said Johnne, erll of Mar, as ane ordinance maid be our soverane lord and lordis of secreit counsall, apprevit and subscrivit be bayth the saidis pairteis of the dait at Striviling Castell, the thrid day of Maii, the yeir of God jM vC lxxviij yeiris, at mair lenth proportis; and thairfoir our soverane lord and the saidis thrie estaitis of parliament haif fund, declarit and decernit and, be the tennour of this present act, findis, decernis and declaris that umquhile Johnne, erll of Mar, sumtyme regent to his majestie, his realme and liegeis, and Johnne, now erll of Mar, lord Erskin, his sone and air, Deam Annabell, countes of Mar, his moder, Alexander Erskin of Gogar, Maister of Mar, David, commendater of Dryburgh, Adame, commendatar of Cambuskynneth, and James Colvile of Eister Wemes, and [...] Levingstoun of Donypace and utheris, the freindis, servandis and dependaris upoun the said Erll of Mar, assisting his said umquhile fader and moder, his eme and him selff in performing of the charges of the preservatioun of his majesteis persone and castell of Striviling, in the quhilk his hienes residence hes bene unto this present tyme, hes done his majestie worthie, trew, thankfull and gude service, and dewlie accomplisched thair said charge, and that quhatsumevir intervenit or wes done in the lait alteratioun of the estait of the keping of the castell foirsaid and attending upoun his majesteis persone beand thairin upoun the xxvj day of Apryle lastbipast, or sensyne, wes done for the honour, weill and suirtie of his hienes maist nobill persone and furtherance of his service, and for discharge of the said Erll of Mar and pensionis foirsaidis, dewteis in the salfgaird of our soverane lordis persone and the honour of that hous to the quhilk the credite was committit according to the instructionis gevin to the said umquhile Johnne, erll of Mar, his fader, at the first ressaving of his hienes persone and castell foirsaid in keiping and divers tymes sensyne; and that the said erll, the said Countes of Mar, his moder, the said Maister of Mar and the commendataris of Dryburgh and Cambuskynneth and utheris, the said erllis freindis, dependaris and servandis assisting thame thairin the day foirsaid or sensyne, hes done his majestie very trew, gude and acceptabill service in the samin, decernand and declarand be this present act that the same alteratioun of the keping of the said castell, his hienes majestie beand thairin, nor na thing done thairanent precedand, followand or dependand thairupoun sall ever be imput as ony actioun, civill or criminall, aganis thame or ony of thame; and that thay and thair cautionaris sall incur na pane, skayth or danger thairthrow in thair persone, landis or guidis, bot renunceand all instance and actioun that may be pretendit or persewit aganis thame or ony of thame thairfoir; and exoneris and dischargis thame of the samyn for ever be this present act. And alsua our said soverane lord and thrie estaittis of parliament ratefiis and apprevis the said ordour and appointment maid be his hienes, with avise of his previe counsale and with consent of bayth the saidis parteis, anent the attendance upoun his hienes persone and keping of the said castell of Striviling, and decernis the samin to haif the force and strenth of ane act of parliament.
[1578/7/11]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord, with avise of his thrie estaitis of this parliament, hes ratefeit and apprevit and, be the tennour heirof, ratefeis and appreves of new all actis and consitutionis of parliament maid be quhatsumever our soverane lordis thair dicessouris of befoir, in favouris of the burrowis and burgessis of all this realme, inhabitantis of the samyn, with all prevelegis, fredomes, immuniteis and liberteis grantit and gevin to thame, and everie ane of thame; and decernis and declaris the samin to haif full strenth, force and effect in all tymes heirefter, sua that the samyn may be put to full and dew executioun in all pointis and to stand as ane perpetuall law to thame and thair successouris, with this additioun: gevand thame fredome and prevelege to convene four tymes in the yeir for sic materis as concernis thair estait, and that in quhat burgh it salbe thocht expedient to the maist part of the saidis burrowis, provyding alwayis, for eschewing of tumultis, that thair be present at the saidis conventionis for everie burgh in nowmer ane, except the toun of Edinburgh, to haif ane ma nor the utheris burrowis.
[1578/7/12]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord, with avise of his thrie estaitis of this present parliament, hes ratefiit and apprevit, and, be the tennour heirof, ratefiis and appreves the act of parliament underwrittin maid in the parliament haldin at Streveling, upoun the xxviij day of August, the yeir of God jM vC lxxj yeiris, of new, and all pointis, clausis and articles contenit thairin efter the forme and tennour thairof, off the quhilk the tennour followis: Item, it is decernit and declarit be our soverane lord, with avise of my lord regentis grace and thrie estaitis, that all alienationis, resignationis, dimissionis and utheris dispositionis quhatsumevir maid, or to be maid, be ony persone or personis convict or that salhappin in ony† heirefter to be convict or foirfaltit for airt and pairt of the tressonabill murtheris and slauchteris of umquhile our soverane lordis derrest fader or regentis, of quhatsumevir landis, heritages, offices, benefices, rowmes or possessionis sen the tymes respective of the quiting thairof, ar and salbe null in thame selffis and of nane availl, force nor effect in all tymes cuming, with all that followit or salhappin to follow thairupoun, with this additioun: that oure said soverane lord, with avise of his saidis thrie estaitis of parliament, hes declarit and decernit that presentlie declaris and ordanis that the foirsaid act of parliament is and wes gude and valiabill fra the beginning, and that the samin suld haif had in tymes bygane and suld haif in all tymes cuming full effect, and that all thing, gif ony be done in the contrair, is and salbe null and of nane availl, force nor effect, notwithstanding ony alleigit practique maid in the contrair.
[1578/7/13]*[print] [email] [cite] [preceding] [following]
†Forsamekill as it is statute and ordanit be act of parliament maid in our soverane lordis derrest moderis tyme that na infeftmentis of kirklandis sett sen the aucht day of Marche, the yeir of God jM vC lviij yeiris suld be of ony force or effect without the samin wer dewlie and lawchtfullie confermit be oure soverane; and als forsamekle as it happinnis that dowbill infeftmentis of fewferme of ane portioun of landis gevin be ane ecclesiasticall persone to divers persones and sumtymes be divers ecclesiasticall persones, to witt, the predicessour and successour to divers personis in fewferme, and yit nather of the saidis infetmentis can tak effect or be of awale without thay be dewlie and lawchtfullie confermit be our soverane lord; and alswa it is oftymes sene that confirmatioun is grantit of bayth the saidis divers infeftmentis at divers tymes be the sutes of the parteis, lyk as it is fundin be sindrie ordinances of the previe counsall that our soverane lord and his hienes compositouris aucht not to deny his confirmatioun upoun the ressonabill expensis of the pairtie sutand upoun thair awin perrall; and lykwayis divers alienatiounis of landis haldin immediatlie of our soverane lord, being maid be ane persone to divers persones, dowbill confirmatiounis ar grantit be our soverane lord thairto, quhair as ane of the saidis confirmationis aucht and can only tak effect in all the causis abone specefiit; and notwithstanding it is the occasioun of grite debait amangis the liegeis, to thair grite expensis, alsweill in payment of thair compositionis as that the samin breidis occasioun of sic grite pley; for remeid thairof, it is concludit, statute and ordanit be our soverane lord and thrie estaitis of parliament quhasoevir obtenis or hes obtenit the first confirmatioun of ony infeftment, ather of kirklandis or uther landis haldin of our soverane lord, that that first confirmatioun salbe of availl, force and effect and sall prevaill to the secund, the said infeftment quhilk is first confirmit being valiabill in the selff and lawchtfullie maid; and in this cais, the last confirmatioun sall not be respectit, albeit the samin conferme the first infeftment, bot the first confirmatioun of the last infeftment sall prevaill to the last confirmatioun of the first infeftment be way of exceptioun or replay without ony summondis or proces of reductioun. It is alwayis providit that gif the principall infeftment first confirmit for ony uther substantiall caus by the foirsaid confirmatioun be of nane availl or unlawchtfullie maid, to the prejudice of ony uther pairtie haiffand entres the landis thairin contenit and quha may be excludit be ressoun of the said first confirmatioun be the pairtie haiffand entres, salbe hard to accuse or reduce the said infeftment first confirmit or utherwayis to mowe actioun aganis the sam as accordis of the law, quhidder thay haif obtenit confirmatioun of thair infeftment or not. It is alsua statute and ordanit that na dowbill confirmationis of infeftments of kirklandis or utheris haldin of our soverane lord be grantit heirefter, and dischargers the keparis of the signet, prewie and grite seillis that thai pas not dowbill confirmatiounis; and gif the saidis dowbill confirmationis pas in tyme cuming, oure said soverane lord, with avise of his saidis thrie estaitis, decernis and declaris the last confirmatioun to be of nane availl, providing as is abone specefiit.
[1578/7/14]*[print] [email] [cite] [preceding] [following]
Forsamekill as the provest, bailleis, counsall and communitie of the burgh of Irwin hes bene accustumat thir mony yeiris bigane to haif twa fairis in the yeir to be haldin within the said burgh, that is to say the first fair beginnand uponn the xv day of August, quhilk is the First Ladie Day, and the nixt upoun the viij day of September, quhilk is commonlie callit the Letter Lady Day, being only xxiij dayis betwix tham; and now becaus commonlie the said day of September is the tyme quhen the inhabitantis of the cuntrie may not gudlie resort and repair to the said burgh for doing of thair necessar bissines in the said tyme of fair be resson of the harvest, bot man await upoun the schering of thair cornis of the grund and winning thairof, and siclyk thair can be na commodious place appointit for the horse mercat and utheris bestiallis in respect that the cornes ar not separat than from the ground, quhairby ane ganand place may be appointit to that affect without destructioun of the saidis cornes; and als thair is sindrie utheris burrowis haiffand the samin Letter Ladie Day appointit to thame for thair fairis and mercattis, quhilk ar neir to the said burgh, quhairby thay ar damnefit of thair trafficque. For remeid quhairof, oure soverane lord, with avise of his thrie estaitis of this present parliament, hes alterit and changit the said fair and mercat of the said burgh of Irwin quhilk wes accustumat to be haldin in all tymes bigane upoun the said awcht day of September, namit the said Letter Ladie Day, to be haldin within the samin burgh yeirlie in tyme cuming, exceptand onlie for this present yeir, upoun the xxiiij day of October gewand fredome, facultie and power to the saidis provest, bailleis and inhabitantis to caus proclame thair said fair and mercat yeirlie in dew tyme to the said xxiiij day of October siclyk and in the samin maner as thai wer accustumat to do the samin the said awcht day of September, grantand to thame alsua all custumes, prevelegeis and immuniteis quhilkis as they had of befoir at the said fair appointit upoun the said awcht day of September. And oure said soverane lord and estaitis foirsaidis hes declarit and declaris the said fair and mercat, quhilk wes haldin of befoir within the said burgh upoun the said awcht day of September, to be abrogat and expirit fra this instant yeir furth, and the samin to be haldin perpetuallie and in all tymes cuming upoun the said xxiiij day of October, quhilk the kingis grace and estaitis foirsaidis declaris to be als lawchtfull and sufficient as the samin wes haldin of befoir upoun the said viij day of September, and that without dirogatioun, hurt or prejudice of the said burgh custumes, prevelegis or immuniteis grantit to thame of befoir our said soverane lordis predicessouris; and ordanes the lordes of counsall to direct lettres for publicatioun heirof, gif neid beis, in forme as effeiris.
[1578/7/15]*[print] [email] [cite] [preceding] [following]
†Forsamekill as be taking and careing away all kynd of flesche in grite quantitie for victualling of schippis passand furth of this realme at the haill portis thairof, and speciallie at Leyth and cost syde of Fyiff, quhilk is ane grite occasioun of derth of all kynd of flesche; and that the haill schipparis, maisteris of schippis and marineris in all partis of this realme takis furth the samin in grite aboundance and quantitie under cullour and pretence of thair victualling of thair schippis, mair nor may serve and sustene for that veyage; for remeid quhairof in tyme cuming, it is statute and ordanit be our soverane lord and thrie estaitis of this present parliament that all kynd of flesche for victualling of schippis in tyme cuming be paccit within the frie burghis and portis quhair the saidis schippis lyis and ar to depairt and na utherwayis; and that the provest, baillies and custumeris of the said burgh vesie and considder diligentlie how mekill flesche may serve everie schip and thair kippage for that present veyage, and according to the nowmer of the kippage and cumpanie appoint to everie schip sa mony barrellis or puntionis as for that present veyage sall suffcientlie serve thame to the first port thay ar frauchtit to, and thairefter mark the saidis barrellis or puntionis appointit to thame to the furnessing of the saidis schippis with the commoun merk of the said burght, providing alwayis that in cais the saidis skipparis, maisteris or marineris tak ony flesche furth of the realme nor may serve and sustene thame for that veyage according to the nowmer of thair kippage and as salbe appointit to thame in maner foirsaid and merkit as said is, that the saidis provest, bailleis, custumeris, everie ane of thame within thair awin offices and jurisdictioun, serche, seik, tak and apprehend the superplus of the said flesche schippit in the saidis schippis by and attour the furnitour appointit to thame for that veyage as said is, escheit and inbring the samyn to our soverane lordis use and deliver the same to his thesawrar, for the quhilk he salbe haldin to ansuer our soverane lord yeirlie in his chekker.
[1578/7/16]*[print] [email] [cite] [preceding] [following]
Forsamekill as it is statute and ordanit be act of parliament of befoir that the lordis of counsall and sessioun in all tymes efter the xv day of December, the yeir of God jM vC lxvij yeiris, suld ryis upoun the tent day of Julii and haif vacance unto the xx day of October exclusive; upoun the quhilk xx day of October thay sall sitt doun and sit daylie, except upoun the Sonday, quhill the xx day of December inclusive, and than ryis and have vacance quhill the sevint day of Januar exclusive; upoun the quhilk sevint day of Januar thay sall sitt down and sitt daylie, except upoun the Sonday, but ony vacance at Fasterisewin, quhill PalmeSonday ewin inclusive, and than ryis and have vacance quhill the nixt Mononday efter the Law Sonday; upoun the quhilk Mononday thay sall sitt doun and sitt daylie, except on the Sonday, without ony vacance at Witsonday quhill the said tent day of Julii, as at mair lenth is contenit in the said act of the dait foirsaid. And understanding that the hervest oftymes continewis and induris quhill Halomes, and thairefter in sum heland and cauld grundis, quhairthrow the people and liegeis of the realme may not resort and repair to the sessioun quhill the hervest be endit, thairfoir it is statute and ordanit be our soverane lord and thrie estaitis of this present parliament that the saidis lordis of counsall and sessioun sall sit doun and begin for administratioun of justice to our soverane lordis liegeis in the accustumat use as thay did of befoir upoun the xx day of October for this present yeir only, and sall sit quhill the xx day of December inclusive and than ryis and have vacance quhill the sevint day of Januar exclusive, upoun the quhilk sevint day thay sall sit daylie quhill the Saterday befoir Fasterisewin, and than to leif of quhill the Thurisday thairefter, and therefter to sitt but ony vacance quhill PalmeSonday ewin inclusive, and than to ryis and haif vacance quhill the nixt Mononday efter Law Sonday inclusive; upoun the quhilk Mononday thay sall sit doun and sit daylie, except the Sondayis, quhill Witsonday ewin, and than to haif vacance quhill the Mononday efter the Trinitie Sonday inclusive, and than to sit doun and sit daylie but ony vacance, except the Sonday, quhill the last day of Julii inclusive; and fra thyne to haif vacance quhill the twelf day of November, quhilk is the morne efter Martimes Day, and sit yeirlie thairefter in maner foirsaid, exceptand as said is. And sua the kingis grace, lordis and thrie estaitis foirsaidis declaris the grite vacance to be fra the last day of Julii to the said xij day of November exclusive, and than to proceid and minister justice to all our soverane lordis liegeis daylie in all tyme thairefter in maner abonespecefiit, notwithstanding the foirsaid act of parliament made of befoir berand as said is.
[1578/7/17]*[print] [email] [cite] [preceding] [following]
The quhilk day oure soverane lord, with avise and consent of the thrie estaitis of parliament, giffis, grantis and committis full power and commissioun to Patrik, archiebischop of Sanctandrois, James archiebischop of Glasgw, David, bischop of Aberdene, George, bischop of Murray, Robert, erll of Buchane, Henrie Neisbet, commissioner of Edinburgh, Mr James Halyburtoun, provest of Dundie, and Gilbert Menzeis, provest of Abirdene, to pas to the senatouris of our soverane lordis college of justice and sessioun within the burgh of Edinburgh, the xxiiij day of October nixtocum, to confer, treat and intercommone with thame upoun the confirmatioun of all testamentis within this realme and anent the establisching of commisseris, how mony thair salbe, quhat jurisdictioun thay sall haif, in quhat place thay sall sitt and upoun all uther ecclesiasticall causes quhairinto the saidis commisseris ar jugeis, and to report the said conference and commoning to our soverane lord and lordis of secreit counsall the xxiiij day of December nixttocum, to the effect that thay may conclude and decerne thairintill quhill ane law be establischit be parliament to all our soverane lordis liegeis to be observit and kepit be thame in all tyme cuming.
[1578/7/18]*[print] [email] [cite] [preceding] [following]
Item, forsamekill as thair is certane constitutionis and lawis devisit and ordanit to be maid and authorisit quhilk suld be observit universallie be all the liegeis of this realme, quhilkis as yit ar not throuchlie consultit and avisit upoun, sua that the samin at this tyme can not be declarit be our soverane lord and estaitis of parliament to be establischit as lawis; thairfoir our said soverane lord, with avise of the estaitis foirsaidis, hes gevin and grantit lyk as thay be the tennour heirof giffis and grantis full power and commissioun to the erllis, lordis, baronis and great men, commissaris of burrowis and utheris letterit men underwritten: that is to say, James, erll of Mortoun, lord Dalkeithe etc., Robert, erll of Buchane, Johne, lord Hereis, William Dowglas of Lochlevin, Mr David Carnegie of Cullathie, William Cunnynghame of Caprintoun, Alexander Abercrummy of that Ilk, [...] Kinross of Kippenross, Patrik, archiebischop of Sanctandrois, James, archiebischop of Glesgow, David, bishop of Aberdene, Robert, commendatar of Deir, Robert, commendatar of Dunfermling, Alexander, commendatar of Culross, Maister Alexander Arbuthnet, principall of the college of Aberdene, Maister Johne Mairjoribankis, Henrie Neisbit, burges of Edinburgh, Maister James Halyburton, provest of Dundie, Maister Robert Lummisdaill, eldar of Cloway, burges of Aberdene, James Flemyng, burges of Glesgow, Williame Norwell, burges of Striveling, Maister James Mcgill of Rankelour Nether, clerk of register, Maister Thomas Mccallean of Cliftounhall, James Meldrum, youngar of Segie, Maister Robert Crychtoun of Eliok, advocat to our soverane lord, Maisteris Alexander Skene and Thomas Craig, advocattis, Maister George Buchanane pensioner of Corceraguell, and Maister Petre Young, familiar servitour to our said soverane lord, or xliij† of thame conjunctlie, to visie, sycht and considre the saidis lawis and to reasone and confer thairupoun, and to that effect to convene and meit within the burgh of Striveling upoun the first day of October nixtocum, and to report thair procedingis and conference to the kingis grace and estatis of parliament, sua that they all in ane voce may estableis the same as perpetuall lawes as salbe aggreit heirefter thairupoun.
[1578/7/19]*[print] [email] [cite] [preceding] [following]
Forsamekill as ane buik of the policie of the kirk being presentit be the ministeris thairof to our soverane lord and thrie estatis in parliament, they maist earnestlie desirit the samyn and haill constitutionis and ordinanceis thairin contenit to be confirmit be act of parliament and have the strenth of ane law perpetuallie in tyme cumming; the said buik being red and considerit in presens of the lordis chosin upoun the articles and mony headis thairof being found of sa great wecht and consequence that na resolutioun nor determinatioun can be presentlie gevin thairin, and our said soverane lord and his thrie estatis, being maist willing that the policie of the kirk suld be certane and establissit, have appointit the personis underwrittin: that ar to say, Robert, erll of Lennox, lord Darnelie, Robert, erll of Buchane, lord Outherhous, and Robert, lord Boyd, thrie of the kingis grace previe counsell; Patrik, archiebishop of Sanctandrois, James, archiebishop of Glesgow and David, bischop of Aberdene for the bischoppis; Robert, commendatar of Dunfermling, Mark, commendatar of Newbottill, and Robert, commendatar of Deir for the abbottis; Johne Erskyne of Dynne, Johne Wischart of Pittarro and Johne Fowlartoun of Dreghorne for the baronis; William, lord Ruthven, provest of Perth, Maister James Haliburtoun, provest of Dundie, and Johne Arnott, burges of Edinburgh, for the burrowis; Maisteris Johne Scharp, Clement Lytill and Maister Alexander Syme, advocattis, Maisteris George Buchannane, Petre Young, Alexander Arbuthnett, assistouris, Maisteris James Lawsoun, David Lyndsay, George Hay, Williame Crystisoun, Johne Row and Johnne Duncansoun for the ministerie, or ony auchtene of thame conjunctlie, to convene at Striveling, the xviij day of August nixtocum, and thair to vissie the foirsaid buik, with certane tratis maid befoir at Leith and Halyruidhous concernyng the said policie, and to confer thairupoun and upoun all uther thingis concerning or that may be proffitable to the furthsetting of the said policie to the quietnes of the haill kirk and commoun weill of the realme, and that thair said conference be put in wreat and reportit to our said soverane lord and thrie estatis in the nixt parliament, that ane substantious and certane ordour may be takin thairin as accordis.
[1578/7/20]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with avise and consent of his thrie estatis of this present parliament, has ratefiit and apprevit and, be the tennour heirof, ratefeis and apprevis the lettres of gift and dispositioun maid be our said soverane lord, with the advise of the lordis of his secrete counsell, to the provest and principall maisteris of Sanctsalvatouris college within the citie of Sanctandrois, with all giftis, privilegeis contenit thairintill and all pointis and clausis and articles of the samyn, and declaris the same to have effect after the forme and tennour thairof, of the quhilk the tennour followis:
James, be the grace of Gad king of Scottis, to all and syndrie our liegeis and subditis quhom it effeiris, to quhais knawlege thir our lettres sall cum, greting. Wit ye we understanding that the youth is not onlie sene to preserve the commoun weill, bot also of thame man ryis sic as heirefter man serve in the kirk of God and instruct the youthe in scuillis within this realme and to the comoun weill of the samyn; and albeit be the lawes, custome and ordour ressavit within our realme all benefices of befoir at the donatioun and presentatioun of prelatis ar now cum in use and ordinit be parliament to be at our patronage in tyme cumming, nevirtheles it hes bene alwayis meanit and expreslie providit that the universiteis within the quhilkis thair is exercise of liberall scienceis sall still bruik the privilegeis of the kirkis, chaiplanreis and prebendareis annext to thair collegeis, presentand qualefeit personis to the kirkis and bursouris within thair awin collegeis to the chaiplanreis; thairfoir we, willing the incresce of vertew and lettres and that the ministeris thairof be na wayis prejugeit in thair rychtis and possessiounis bot mantenit thairintill, and in quhatsumevir may appear to appertene unto thame, have in favouris of our lovittis the provest and maisteris of Sanctsalvatouris college within the citie of Sanctandrois, for us and our successouris, perpetuallie declarit that it salbe lesum and permittit to the saidis provest and maisteris to dispone quhatsumevir provestries, chaiplanreis, prebendareis or utheris benefices erectit and gevin to thair said college, queir and cheptour thairoff, to qualefeit personis hable to travell in schuillis kirk of God and comoun weill of the same, sua that thai nawayis be prejugeit in thair titill and rycht of thair saidis benefices, bot that they may dispone the samyn as said is, notwithstanding of ony actis of parliament or lawes of our realme quhairby the richt of presentatioun of ecclesiasticall benefices may appear to cum in our handis sen the reformatioun of relligioun and to appertene to us allanerlie; in the quhilkis, we will not that the prebendareis and chaiplanreis erectit to the said college or uther collegeis within our realme and benefices appertening thairto salbe comprehendit in ony sort, bot that the samyn be disponit to qualefeit personis be the provest and maisteris foirsaidis as haveand richt and titill to the same, dispensand with our saidis actis, constitutionis and quhatsumevir rycht may be competent to us thairby for evir. And this not onlie to be extendit to quhatsumevir benefices or chaiplanreis to be disponit in tyme cumming, bot alsua in tyme bypast, sen our act of parliament maid in favour of all collegeis within universiteis, providing alwayis that thir lettres be not prejudiciall to the presentatioun of benefices, offices, bursories or benefices pertening to the presentatioun of lawit patranis. Gevin under our previe seall at our castell of Striveling, the xxvij day of Junii, the yeir of God jM vC lxxviij yeiris and of our regnne the ellevin yeir, per signaturam manibus supremi domini nostri regis ac dominorum sui secreti consilii subscriptam. Providing that the personis appointit for visitatioun of the collegeis within this realme tak full cognitioun of the quantitie and valour of the benefices within the said college quhairof the patronage mycht pertene to our said soverane, how mony bursouris and of quhat qualitie the samyn may sustene, and to mak and forme ane perfite fundatioun of sa mony personis, bursouris, as the said rentis newlie disponit may sustene, and to report the same to the kingis majestie and counsall betwix the dait heirof and the xx day of December nixtocum, with certificatioun to thame ane they failyie heirin, thay sall tyne the benefite of the said act and the samyn to be null and of nane availl in the self.
[1578/7/21]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with avise and consent of the thrie estatis of parliament, efter mature deliberatioun and consideratioun takin anentis the lang aide and cairfull service done to his majestie be his lovit cousignes Dame Annabell, countes of Mar in the nutritour and upbringing of his majestie sen his hienes birthe committit to hir be the space of tuelf yeiris lastbypast, to the honour of God, full contentatioun of his majesteis weilfair and confort of this his hienes haill realme; and alsua off the sumptuous expensis maid be his said cousignes of hir awin leving, in performing and accomplissing honorablie of hir said charge induring the space foirsaid, by and attour the ordinar assignatioun appointit thairto, findis, declaris and decernis that his said cousignes, service meritis and is worthie of ane honorable remembrance, and that thairfoir his majesties said cousignes, for all the space of hir lyiff and efter hir deceis, his majesties cousigne Johne, now erll of Mar, for his lyftyme, salbe lawfullie providit and maid sure of ane yeirlie pensioun of tua thowsand merkis money of this realme, to be tane up yeirlie of the best and reddiest fructis of the first vacand abbacie or greit benefice or uther siclike accident quhair the samyn may be maist commodiouslie had and suirlie pait, the quhilk our said soverane lord, with avise foirsaid, in verbo principis promisis to caus be performit; and in the mean tyme gevis, grantis and assignis to his said cousignes, and efter hir deceis to his said cousigne, yeirlie and ilk yeir to cum quhill the provisioun and suirtie of the yeirlie pensioun foirsaid be maid to than as is abonewrittin, the soume of fyve hundrethe poundis money of his majesteis maillis of Stratherne, and the soume of sex hundreth pundis of the thrid of the money of the bischoprik of Sanctandros, togidder with sevin chalder victuall, quhyit, beir and malt to be tane up yeirlie as followis, to wit: furthe of Inveralloun, ane chalder quhyit; of Blairlogie, ane chalder quheit; of Bothkennar, aucht bollis quhyit; of Greneyairdis, aucht bollis malt; of the manis of Bothekennar, ane chalder, thrie bollis beir; and of the Grange of Bothkenner, ane chalder and fourtene bollis beir; commanding and chargeing his majesties comptrollaris and his officiaris present and to cum to mak thankfull pament of the money and victuallis foirsaidis out of his hienes proprietie and places thairof abonexpremit, to the said Dame Annabell, induring hir lyftyme, and efter hir deceis, to the said Johne, erll of Mar, for all the dayis off his lyff, yeirlie, quhilk salbe allowed in the comptis. And alsua commanding the lordis of his hienes sessioun to grant and direct lettres in dew forme, chargeing the bishop of Sanctandrois and his successoris to reddelie ansuer, obey and mak thankfull pament to his hienes said consignes induring hir lyftyme, and thairefter to the said erll, of the said soume of sex hundreth pundis of the thrid of the money of the said bischoprik yeirlie induring the space foirsaid. And forder, our soverane lord, with avise of the estatis foirsaidis, ordinis ane act of parliament and als lettres of gift and assignatioun respective to be maid of the premisis to his cousignes and cousigne under the previe seall in forme as effeiris.
[1578/7/22]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, having respect to the guid, trew and thankfull service done be James, maister of Glencarne and his frindis to his hienes continowallie sen his coronatioun, with advise of his thrie estatis in parliament, ratefeis, apprevis and confirmis the infeftment maid be his hienes of befoir to the said James and his airis of all and haill the ten pund land of Boghall, with the pertinentis, lyand within the sherefdome of Renfrew, and fyve pund land of Mylntoun, with the pertinentis, lyand within the schirefdome of Lanerk, as becummin in his hienes handis throw decrete and sentence of foirfaltoure ordourlie led and deduceit aganis Johne Flemyng, sumtyne of Boghall, far certane crymes of treasoun committit be him, quhairof he wes convict in parliament, as at mair lenthe is contenit in the said infeftment, quhairof the tennour followis:
Jacobus Dei gratia rex Scotorum omnibus probis hominibus totius terre sue clericis et laicis salutem. Sciatis nos cum avisamento et consensu charissimi nostri avi Matthei comitis de Levenox domini Dernelie nostri legitimi tutoris ac regni et legeorum nostrorum regentis dedisse, et concessisse, et hac presenti carta mea confirmasse dilecto nostro Jacobo Cunynghame filio Gulielmi Cunynghame magistri de Glencarne et heredibus suis hereditarie omnes et singulas decem libratas terrarum de Boghall cum turre et fortalicio earundem jacentes infra vicecomitatum nostrum de Rainfrew, necnon quinque libratas terrarum de Mylntoun cum suis pertinentijs jacentes infra vicecomitatum de Kilbryid et vicecomitatum nostrum de Lanerk. Quequidem terre cum suis pertinentiis perprius hereditarie pertinuerunt ad Joannem Flemyng olim de Boghall, et nunc nobis pertinent, et in manibus nostris ratione eschete devenerunt ob forisfacturam rite contra dictum Joannem Flemyng deductam pro quibusdam proditorie traditionis et lesemaiestatis criminibus per ipsum commissis, de quibus in parliamento nostro convictus extitit, prout in processu et laudo forisfacture aduersus eum rite deducte latius continetur, tenendas et habendas omnes et singulas predictas terras de Boghall cum turre et fortalicio earundum, ac terras de Mylntoun cum suis pertinentibus prefato Jacobo Cunynghame et heredibus suis de nobis et nostris successoribus in feoda et hereditate imperpetuum per omnes rectas metas suas antiquas divisas prout jacent in longitudine et latitudine cum boscis, planis, moris, maresiis, viis, semitis, aquis, stagnis, rivulis, pratis, pascuis et pasturis, molendinis, multuris et eorum sequelis, aucupationibus, venationibus, piscationibus, petariis, turbariis, carbonariis, lignis, lapidibus, lapide et calce fabrilibus, brueriis, brasinis cum genestis et curiis et earum exitibus, hereyeldis et mulierum merchetis, cum furca fossa sok sake thole theme infantheift oufantheift pit et gallous, cum communi pastura, libero introitu et exitu, cum omnibus aliis et singulis commoditatibus libertatibus, proficuis ac asiamentis et justis suis pertinentiis quibuscunque tam non nominatis quam nominatis tam sub terra quam supra terram, tam procul quam prope, ad predictas terras cum turre fortalicio earundem et suis pertinentiis spectantibus seu juste spectare valentibus quomodolibet in futurum, adeo libere quiete plenarie integre honorifice bene et in pace in omnibus et per omnia, sicuti dictus Joannes vel predicessores sui prenominatas terras cum pertinentiis ante predictam forisfacturam tenuit seu possedit, tenuerunt seu possederunt. Faciendo inde annuatim dictus Jacobus Cunynghame et heredes sui nobis et nostris successoribus jura et servitia nobis de prescriptis terris cum pertinentiis ante dictam forisfacturam debita et consueta. In cuius rei testimonium huic presenti carte nostre magnum sigillum nostrum apponi precepimus. Testibus reverendo in Christo patre Alexandro episcopo candidecase nostreque capelle Strivelingensis, dilectis nostris consanguineis Jacobo comite de Mortoun domino Dalkeythe cancellario nostro, Willelmo comite Mariscalli domino Keythe, dilectis nostris familiaribus consiliariis Magistro Jacobo Macgill de Rankelour Nether nostrorum rotulatorum regis et consilii clerico, Joanne Ballendene de Auchnoule milite nostre justiciarie clerico, et magistro Georgio Buchannane pensionario de Corsraguell, nostri secreti sigilli custode, apud civitatem Glascuensem decimo sexto die mensis martii anno Domini millesimo quingentesimo septuagesimo, et regni nostri anno quarto.
[1578/7/23]*[print] [email] [cite] [preceding] [following]
Forsamekle as it is considerit be our soverane lord and his thrie estatis that his hienes cunyie hes stayit continowallie sen the [...] day of Marche lastbypast, quhairthrow our soverane lordis commoditie is hurt, thairfoir his majestie, with avise of his saidis estatis, ordinis ane penny or pece of sylver to be cunyeit of the fynnes of ellevin deneiris, and giffis full commissioun to his hienes counsell now electit, and the maist part of the haill numer now chosin, and of the officiaris adjonit to thame, to tak ordour upoun the forme, inscriptioun, wecht, avale and price of the said pennie to be strikin as thay may† best, upoun thair guid discretionis, to the commoditie of the realme and weilfair of our soverane lord; and as the said counsell, or the maist part thairof, findis maist meit in that behalf, oure soverane lord and thrie estatis decernis thair declaratour and ordinance to have the strenthe and effect of ane act of parliament, providing alwayis that this ordour to be takin anent the streking of the said new penny indure quhill farder ordour be tane be the estatis in parliament. In like maner, oure soverane lord and thrie estatis foirsaidis, grantis comissioun to the said counsell, or the maist part of thame, to tak ordour how the xxx, xx and x s. peceis with the testamentis be haldin within the realme and not transportit furth thairoff.
[1578/7/24]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and thrie estatis of parliament, understanding perfitlie that the brig of Tay foranent the burgh of Perthe is decayit, and that the proveist, ballies and communitie thairoff hes already deburssit lairge and sumptuous expensis upoun the beting and reparing thairof, and that the samyn is sa neidfull and necessar for the haill liegeis of this realme, thairfoir our said soverane and thrie estatis foirsaidis hes ordinit and ordinis ane generall taxatioun of the soume of ten thowsand merkis to be upliftit of the haill liegeis of this realme for supporting and beting of the said brig, and hes presentlie gevin power to the lordis of our soverane lordis previe counsell presentlie chosin to tak sic guid ordour how and quhat maner the samyn salbe pait, and to mak divisioun of the realme and taxt rollis for ingetting thairof, and als to appoint collectouris to that effect, ane or ma, as they think guid, termes or dayis of pament for uptaking thairof and deliverance of the samyn, and als to tak ordour with the provest baillies counsell and communitie of the said burght of Perth how and quhat maner the same salbe employit to the beting and reparing of the said brig; and siclike that the sowmes of money ellis grantit be the saidis provest, baillies and inhabitantis of the said burght, for reparatioun of thair said brig, be substantiouslie bestowit and to tak securitie of thame to that effect, as the saidis lordis thinkis guid; and with power to thame to direct lettres to the effectis respective foirsaid, siclike and in the samyn maner as the king and estatis foirsaidis mycht or may do. And becaus it is understand to our soverane lord and estatis foirsaidis that the inhabitantis of the schirefdome of Air, baithe to burght and land, hes within this short tyme grantit ane contributioun for supporting and beting of the brig of Irrwing, quhairthrow thay aucht not to pay sa mekle of the said new taxatioun of ten thowsand merkis as the uther partis of the realme dois, thairfoir ordinis the saidis lordis to considre the samyn and to defalk and allow sa mekle of the said soume as thay suld pay to the beting of the said burgh of lrrwing, according to the rait of the taxatioun of the said shirefdome of Air, sua thay pay onlie the superplus according to taxt roll to be maid be the saidis lordis.
[1578/7/25]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with avise and consent of the thrie estatis of this present parliament, for divers considerationis moving thame tending to the quietnes of this realme, have gevin and grantit and, be the tennour heirof, gevis and grantis to Alexander Home, sone lawfull and air apperand of umquhill Alexander, lord Home, quha last decessit the elyk favour, grace and benefite of pacificatioun maid at Perthe upoun the xxiij day of Februare, the yeir of God jM vC lxxij yeiris, and ratefeit and approvit in his hienes parliament haldin at Edinburght in the moneth of Aprill nixt thairefter in the yeir of God jM vC lxxiij yeiris, and willis the samyn be als ample extendit in his favouris, in all respectis, conditionis, clausis and circumstances thairof, as the said umquhill Alexander, lord Home had bene expreslie comprehendit and contenit thairin; as alsua his hienes, with avise foirsaid, willis and grantis that the same pacificatioun be maist ample interprete and extendit to him in all clausis thairof as said is, and speciallie that this act of parliament according to the said pacificatioun be sufficient to rescind and retrait, likeas our said soverane lord and estatis foirsaidis, be thir presentis, retractis and rescindis the proces of foirfaltoure led aganis the said Alexander, lord Home for certane crymes of treasoun and lesemajestie committit be him, and to restoir and redintegrat as his hienes, with avise foirsaid, restoris and redintegratis the said Alexander Home, sone and air apperand foirsaid, aganis the samyn, siclike and als frelie in all respectis as gif the said proces of foirfaltoure had nevir bene led and dome of foirfalture had nevir bene gevin, efter the forme and tennour of the said pacificatioun, quhilk and everie claus thairof is heirin haldin for expres; and ordinis this present act to be extendit in competent and dew forme as efferis restoring fullelie the memorie, honour and fame of the said umquhill Alexander, lord Home in the persoun of the said Alexander Home, his sone and air apperand. Likas our said soverane lord and thrie estatis of parliament rehabillis and restoris the said Alexander thairto, and findis and declaris him hable to succeid and enter as air to the said umquhill Alexander, lord Home be brevis of our soverane lordis chapell, and utherwayis to all landis, heretageis, rowmes and possessionis, takis, offices and utheris to the quhilkis the said umquhill Alexander, lord Home had rycht notwithstanding said proces of foirfaltour or ony thing following thairupoun. Providing alwayis that be thir presentis our soverane lord be on nawayis prejugit of the said Alexanderis waird and mariage, nor of the haill proffeittis and commoditeis thairof; and siclyk that all the provisionis of benefices, personages, vicarages, chaplanreis and prebendareis pertening to the said Lord Home's presentatioun and providit be our soverane lord and his regent to quhatsumevir persones sen the leding of the said foirfaltour of the said umquhile Lord Home stand to the present possessouris thairof in full forme, force, strenth and effect, notwithstanding this present restitutioun and benefite. Providing alsua that in cais the said lordis umquhile fader be culpabill of the murtheris of our said soverane lordis umquhile fader and twa regentis that than, and in that caice, the benefite of this present act and restitutioun, now as than and than as now, to haif bene and to be of nane availl, force nor effect.
[1578/7/26]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with avise and consent of the thrie estattis of parliament, for gude considerationis moving his hienes tending to the furthering and establisching of peax and quietnes and universall obedience of his hienes auctoritie, hes gevin and grantit and, be the tennour of this present act, with avise and consent foirsaid, gevis and grantis to Johnne Cranstoun, lauchtfull sone to Cudbert Cranstoun of Thirlestane Manis, the elyk grace, benefite, privelege, favour and conditionis as ar contenit in the pacificatioun maid and accordit upoun at Perth, the xxiij day of Februar, the yeir of God jM vC lxxij yeiris, betuix his hienes commissionaris one that ane pairt and umquhile George, erll of Huntlie and certane utheris, his collegis, on that uther pairte, ratefeit and apprevit in his hienes parliament haldin at Edinburgh, the [...] day of Apryle, the yeir of God jM vC lxxiij yeiris; and that the said pacificatioun and approbatioun thairof in parliament be als largelie extendit in favouris of the said Johnne and his airis for saiftie of thair lyffis, landis and guidis as gif the said Johnne wer speciallie comprehendit and contenit thairin, notwithstanding the pretendit proces of foirfaltour led and gevin aganis the said Johnne in the moneth of [...], the yeir of God jM vC lx[...] yeiris, for certane crymes of tressone and lesemajestie committit be him as at mair lenth is contenit in the samyn; quhilk proces and dome of foirfaltour, with all that followit thairupoun, oure said soverane lord and thrie estaitis of parliament rescindis, retreittis, cassis, annullis, restoris and reintegratis the said Johnne Cranstoun fullelie aganes the samyn and to his honouris, fame and dignetie siclyk and alsfrie in all respectis as he wes befoir the leding of the said proces; and als decernis and declaris this present act of pacificatioun to be als valitt and sufficient in the selff in all tymes heirefter for reponing of him to his full richt of the saidis landis and estait of his persone, as gif the said sentence of foirfaltour had bene reducit be an speciall summoundis, all parteis haiffand entres being speciallie callit thairto; and declaris alsua the said proces of foirfaltour of nane availl in all tyme cuming, insafar as the samin may be extendit in the contrair of the said Johnne; and that thir presentis be extendit in ample and dew forme as effeiris, providing that thir presentis contene na pardoun, favour nor grace for the murtheris of our soverane lordis umquhile fader and his twa regentis; and incaice thay be fund culpabill thairof, that than in that caice the benefite of this present act and restitutioun, now as than and than as now, to have bene and to be of nane availl, force nor effect.
[1578/7/27]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with avise and consent of the thrie estaitis of parliament, for gude considerationis moving his hienes tending to the quietnes of this realme and of his speciall grace and favouris, hes gevin and grantit and, be the tennour of this present act, with avise and consent foirsaid, gevis and grantis to Johnne Maitland of Achingassill the elyk grace, benefite and favour as is contenit in the pacificatioun maid at Perth, the xxiij day of Februar, the yeir of God jM vC lxxij yeiris, betuix his hienes commissioneris on that ane pairte and umquhile George, erll of Huntlie and certane utheris, his collegis, one that uther pairte, ratefeit and apprevit in his hienes parliament haldin at Edinburgh in the moneth of Aprile, the yeir of God jM vC lxxiij yeiris; and that the said pacificatioun and approbatioun thairof in parliament be als largelie extendit in favouris of the said Johnne Maitland, his airis and successouris, for saiftie of thair lyffis, landis and guidis, as gif the said Johnne wer speciallie comprehendit and contenit thairin, notwithstanding the pretendit proces and dome of foirfaltour led and gevin aganis him in the moneth of [...] the yeir of God jM vC [...] yeiris, for certane crymes of tresson and lesemajestie committit be him, as at mair lenth is contenit in the samin; quhilk proces and dome of foirfaltour, with all that followit thairupoun, oure said soverane lord and thrie estaitis of parliament rescindis, retreittis, cassis, annullis, restoris and redintegratis the said Johne Maitland fullelie aganis the samin and to his honour, fame and dignitie siclyk and alsfrelie as he wes in all respectis befoir the leding of the said proces; and decernis and declaris this present pacificatioun now grantit to the said Johnne to be als valid and sufficient in the selff in all tymes heirefter for reponing of him to his full richt of his landis and estait of his persone as gif the said sentence of foirfaltour had bene reducit be ane speciall summondis, all pairteis haveand entres being speciallie callit thairto; and declaris alsua the said proces of foirfaltour of nane availl in all tymes cuming, in sa far as the sam may be extendit in the said Johnes contrare; and that thir presentis be extendit in ample and dew forme as effeiris, providing that thir presentis contene na pardoun, favour nor grace for the murtheris of oure said soverane lordis umquhile fader and his twa regentis; and incaice thay be fund culpabill thairof, that than and in that caice the benefite of this present act and restitutioun, now as than and than as now, to haif bene and to be of nane availl, force nor effect.
[1578/7/28]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with avise and consent of the thrie estaitis of parliament, for gude consideratiounis moving his hienes tending to the quietnes of his realme and of the speciall grace and favour, hes gevin and grantit and, be the tennour of this present act, with avise and consent foirsaid, geves and grantis to Alexander Hepburne of Quhitsum, knicht, the elyk grace, benefice and favour as is contenit in the pacificatioun maid at Perth, the xxiij day of Februar, the yeir of God jM vC lxxij yeiris, betuix his hienes commissionaris on that ane pairte, umquhile George, erll of Huntlie, Johne, commendatar of Aberbrothok, Claud, commendatar of Paislay and certane utheris, and ratefiit and apprevit in his hienes parliament haldin at Edinburgh, the [...] day of Aprile, the yeir of God jM vC lxxiij yeiris; and that the said pacificatioun and approbatioun thairof in parliament be als largelie extendit in favouris of the said Alexander, his airis and successouris, for saiftie of thair landis, lyffis and guidis as gif the said Alexander wer speciallie apprehendit and contenit thairin, notwithstanding the pretendit proces and dome of foirfaltour led and gevin aganis the said Alexander in the moneth of [...] the yeir of God jM vC lxvij yeiris, for certane crymes of tressone and lesemajestie committit be him as at mair lenth is contenit in the samin; quhilk proces and dome of foirfaltour, with all that followit thairupoun, oure said soverane lord and thrie estaitis of parliament rescindis, retreittis, cassis, annullis, restoris, redintegratis the said Sir Alexander fullelie aganis the samyn to his honour, fame and dignetie siclyk and alsfrelie as he wes in all respectis befoir the leding of the said proces; and decernis and declaris this present pacificatioun now grantit to the said Alexander to be als valide and sufficient in the selff in all tymes heirefter for reponing of him to his full richt, of his landis and estait of his persone as gif the said sentence of foirfaltour had bene reducit be ane speciall summondis, all parteis haiffand entres being speciallie callit thairto; and declaris alsua the said proces of foirfaltour of nane availl in all tymes cuming in sa far as the samin may be extendit in the said Alexanderis contrair, and that thir presentis be extendit in ample and dew forme as effeiris, providing that incaice the said Alexander be fund culpable of the slawchteris of umquhile our soverane lordis fader and his twa regentis that than and in that caice the benefite of this present act and restitutioun, than as now and now as than, to have bene and to be of nane availl, force nor effect.
[1578/7/29]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with avise and consent of the thrie estaitis of parliament, for gude consideratiounis mowing his hienes tending to the quietnes of his realme and of his speciall grace and favour, hes gevin and grantit and, be the tennour of this present act, with avise and consent foirsaid, geves and grantis to Maister Thomas Hepburne, persoun of Auldhamstokis, the elyk grace, benefite and favour as is contenit in the pacificatioun maid at Perth, the xxiij day of Februar, the yeir of God jM vC lxxij yeiris, betuix his hienes commissionaris on that ane pairte, and umquhile George, erll of Huntlie and certane utheris, his collegis, one that uther pairte ratefiit and apprevit in his hienes parliament haldin at Edinburgh, the [...] day of Aprile, the yeir of God jM vC lxxiij yeiris; and that the said pacificatioun and approbatioun thairof in parliament be als largelie extendit in favouris of the said Maister Thomas and his airis for saiftie of thair lyffis, landis and guidis as gif the said Maister Thomas wer speciallie comprehendit and contenit thairin, notwithstanding the said pretendit proces and dome of foirfaltour led and gevin aganis the said Maister Thomas in the moneth of August, the yeir of God jM vC lxvij yeiris, for certane crymes of tresson and lesemajestie committit be him, as at mair lenth is contenit in the samin; quhilk proces and dome of foirfaltour, with all that followit thairupoun, oure said soverane lord and thrie estaitis of parliament rescindis, retreittis, cassis, annullis, restoiris and redintegratis the said Maister Thomas fullelie aganis the samin and to his honour, fame and dignetie siclyk and alsfrelie as he wes in all respectis befoir the leding of the said proces; and als decernis and declaris this act of pacificatioun to be als valid and sufficient in the selff in all tymes heirefter for reponing of him to his full richt of his landis, benefice and estait of his persone as gif the sentence of foirfaltour foirsaid had bene reducit be ane speciall summoundis, all pairteis haiffand entres being speciallie callit thairto; and declaris alsua the said proces of foirfaltour of nane availl in all tymes cuming, in sa far as the samin may be extendit in the contrair of the said Maister Thomas; and that thir presentis be extendit in ample and dew forme as effeiris, providing that thir presntis contene na pardone, favour nor grace for the murtheris of our soverane lordis umquhile fader and his umquhile twa regentis.
[1578/7/30]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with avise and consent of the thrie estaitis of parliament, for gude considerationis moving his hienes tending to the quietnes of his realme and of his speciall grace and favour, hes gevin and grantit and, be the tennour of this present act, with avise and consent foirsaid, geves and grantis to capitane Robert Lawder the elyk grace, benefite and favour as is contenit in the pacificatioun maid at Perth, the xxiij day of Februar, the yeir of God jM vC lxxij yeiris, betuix his hienes commissionaris on that ane pairte, and umquhile George, erll of Huntlie, Johne, commendatar of Aberbrothok and Claud, commendatar of Paislay and certane utheris one that uther pairte, and ratefiit and apprevit in his hienes parliament haldin at Edinburgh, the [...] day of Aprile, the yeir of God jM vC lxxiij yeiris; and that the said pacificatioun and approbatioun thairof in parliament be als largelie extendit in favour of the said Robert Lawder, his airis and successouris for saiftie of lyffis, landis and guidis as gif the said Robert wer speciallie comprehendit and contenit thairin, notwithstanding the pretendit proces and dome of foirfaltour led and gevin aganis the said Robert in the moneth of [...] the yeir of God jM vC lx yeiris for certane crymes of tressone and lesemajestie committit be him, as at mair lenth is contenit in the samin; quhilk proces and dome of foirfaltour, with all followit thairupoun, oure said soverane lord and thrie estaitis of parliament rescindis, retreitis, cassis, annullis, restoris and redintegratis the said Robert fullelie aganis the sam and to his honour, fame, dignetie, leving, honestie, possessionis, takkis, stedingis, teyndis, rowmes and possessionis siclyk and als frelie as he wes in all respectis befoir the leding of the said proces; and that thir presentis be als sufficient for reductioun and retreating of the said proces and sentence of foirfaltour as gif the sam had procedit upoun ane speciall summoundis, all pairteis haiffand entres being callit thairto; and that thir presentis be extendit in ampill and dew forme as effeiris, providing that gif the said Robert be fund culpabill heirefter of the slawchteris and murthouris of our soverane lordis umquhile fader, umquhile Mathow, erll of Levenox, his hienes gudsir, and umquhile James, erll of Murray, lord Abernethy, his hienes regentis for the tyme, than and in that benefite,† the benefite of this present act and restitutioun, now as than and than as now, to be and to haif bene of nane availl, force nor effect.
[1578/7/31]*[print] [email] [cite] [preceding] [following]
Anent the supplicatioun gevin in be David Home of Fiswik, knicht, to the kingis majestie and thrie estaitis of parliament, makand mentioun that quhair it pleisit his majestie, be avis of umquhile his derrest gudsir and regent for the tyme, for gude respectis to dispone to him the escheit of umquhile Williame Maitland, sumtyme of Lethingtoun, efter his foirfaltourm, be vertew quhairof he intendit actioun befoir the lordis of sessioun for obtening of executioun thairupoun; quhilk caus being callit, Sir Richard Maitland, eldar, senatour, opponit in the contrair, declaring that he, befoir the said Davidis gift, in the quenis tyme, obtenit his said sones gift of escheit to him selff throw being of him put to the horne for non ansuering super inquirendis, quhilk allegance wes admittit to his probatioun be the space of thrie yeiris bipast, quha thairby hes driftit him of justice, be frivoll diligences continuallie sensyne, and now, sen he can not obtene the allegit lettres of horning and executionis thairof quhairon his gift procedit, he hes offerit him to preif the tennour and effect thairof be witnes; quhilk allegeance the saidis lordis hes admittit to his probatioun, quhilk is altogidder repugnand, alsweill to all law as observit prectik and alwayis ane mater newer hard nor admittit of befoir and verray prejudiciall and hurtfull to be acceptit within this realme, sen indeid the samin tuke beginning it salbe ane sure ground to all fraudfull persones to procure ony escheit of quhatsumevir persones of ony estate, sen it is not questionable bot be ganes thay sall preif the tennour of ony lettres or uther grundis be corrupt persones of small estate, quhairof thair is ane multitude in this realme, quhilk is not tollerabill and sua oportune remeid suld be providit thairto; disiring thairfoir the kingis majestie and lordis of estaitis foirsaidis to wey and considder the premissis and that thay wald putt sic gude ordour thairto as thay think maist meit and convenient, as at mair lent is contenit in the said supplicatioun. Quhilkis bene considderit and sene be the lordis of articlis, and thairefter be the king and estaitis in parliament, oure soverane lord, with avise of the thrie estaitis, dischargis the lordis of sessioun of all furder proceding in the said caus betuix the saidis parteis, and also ordanes thame to continew and superceid the ressaving of ony probatioun thairintill quhill the kingis grace and thrie estaitis foirsaidis tak forder ordour thairanent in parliament.
[1578/7/32]*[print] [email] [cite] [preceding] [following]
Anent the supplicatioun gevin in be the native tennentis and kyndlie possessouris of the temperall landis pertenig to the bischoprik of Dumblane, makand mentioun that quhair thay, be thair selffis and thair predicessouris, haif possessit and bruikit the foirsaidis landis, ilk ane respective for thair awin pairtis, as takkismen and tennentis to the said bischoprik and his predicessouris in all tymes bigane, past memorie of man, to quhome thay and thair predicessouris haif maid sa thankfull payment of thair dewtie and utheris thair dew service, that nether the present possessour of the benefice, nor yit ony of his predicessouris haif gude caus or occasioun to complene. Maister Andro Grahame, quha is provest to the said bischoprik, be menis of Johnne, erll of Montrois, is weill knawin, hes sett the haill temperall landis of the said bischoprik occupyit be the saidis tennentis and thair predicessouris past memorie of thame as said is, quha, with proces of tyme, will not faill to remove thame fra thair saidis native and kyndlie rowmes, quhairby ane thowsand of our soverane lordis commonis and pure people wilbe put to uter heirschip and extreme beggartie, besides the inlaik of our soveranes service, quhen as sa grite rowmes, quhairupoun sa mony ar sustenit, salbe reducit in the handis of ane particular man. And trewth it is that the saidis fewis ar not confirmit be our said soverane, bot ar stayit for the causis foirsaidis, and thay ar content above thair power to do, everie ane for thair awin rowmes, gif the said bischop will accept the samin. Disiring thairfoir the kingis grace and thrie estaitis of this present parliament that it micht be statute and ordanit that the saidis fewes of the saidis tennentis rowmes set over thair heidis suld on na wayis be confirmit, and that it sall not be lesum to the said bischop to set tak, rentall or uther richt thairof be resson quhairof thay may be removit, nather at his awin instance nor at the instance of ony uther haifand richt of him, thay payand thair maillis and dewteis thankfullie and uther dew service as effeiris, as at mair lenth is contenit in the said supplicatioun. Quhilk being sene and considderit be the lordis of articlis, and thairefter be the kingis majestie and thrie estaitis, ordanis the lordis commissionaris deput for the confirmatioun of fewes to vesie and considder the infeftment and confirmatioun to be past to the said erll of the saidis landis and or thai pass the samin to sie that the saidis kyndlie tennentis be satisfeit for thair kyndnes; and quhill the samin be done, dischargis the keiparis of the signet, previe and grite seillis, of all appending of the samin to the said charter and of thair offices in that pairt.
[1578/7/33]*[print] [email] [cite] [preceding] [following]
Forsamekill as the proces of recognitioun of landis and tennentis within burgh for non payment of annuelrentis hes bene usit in all tymes bigane in our soverane lordis burrowis, efter the forme and tennour of the law of the majestie and act of parliament maid in the dayis of King James the Feird, and speciallie be having recurse to the landis and tenementis addettit in the saidis annuellis be proces of erd and stane in four heid court, as is prescrivit be the form of law, without ony speciall summoundis or warning to quhatsumevir persone of quhatsumevir age or qualitie, being outwith or within the realme; quhilk forme of proces wes neveir heirto befoir impugnit in jugement or utherwayis quhill now laitlie that the lordis of sessioun, at the instance of Johnne Gilbert, goldsmyth, burges of Edinburgh, haif foundit ane relevant caus of reductioun of ane proces of recognitioun of ane tenement lyand within the said burgh of Edinburgh, led at the instance of James Fentoun for non payment of ane annuelrent of xxx s., quhilk proces wes led abone the space of fyftie yeiris syne; and that becaus the said Johnne Gilbert, being allegit minor and furth of the realme, wes not speciallie warnit thairto, personallie or at his duelling place, the samin being on nawayis requisit of the law and forme of proces observit in sic caisis, and the samin standing in sic difference may bring with it ane grite alteratioun of the heritabill richt of the maist pairte of all the tenementis within the burrowis quhilk hes bene recognoscit be the samin maner of proces and als sensyne changit throw mony handis. In respect of the quhilkis, it wes desirit that the estaitis of this present parliament suld considder the said law of the majestie and act of parliament and to declair quhidder in the said proces of recognitioun and dome of propertie thair aucht ony pairtie in speciall be summond, and thairupoun to gif thair declaratioun in parliament in forme as effeiris, as at mair lenth is contenit in the said article. The kingis grace and thrie estaitis of this present parliament hes remittit and remittis this mater to the lordis appointit for veseing of the lawes, and in the meantyme dischargis the saidis lordis of counsall and sessioun of all forder proceding thairin, and that becaus it is understand to the saidis estaitis that this mater may ingenner grite inconvenientis to the burrowis upoun thair infeftment proceding upoun recognitioun and dome led thairupoun according to the auld lawes be the space of ane hundreth yeiris bipast.
[1578/7/34]*[print] [email] [cite] [preceding] [following]
Anent our soverane lordis lettres purchest at the instance of William, lord Forbes, Johnne, maister of Forbes, William Forbes of Fodderbus, Johnne Forbes of Fynnathe, Maister Duncane Forbes of Monymusk, Johnne Forbes of Abircatrie and remanent, thair kin, freindis and dependaris, and speciallie the auld kyndlie possouris of the landis and baronie of Craige and Monymusk, aganis George, erll of Huntlie, Adam Gordoun of Auchindoun, Patrik Gordoun in Moynes, his curatouris, for thair entres, and all utheris haiffand or pretendand to have entres in the mater underwritten, makand mentioun that quhair the said William, lord Forbes, his collegis and utheris foirsaidis and thair predicessouris hes bene possessouris and occupyaris of all and haill the saidis landis and baronie be thame selffis and thair tennentis of thair, only imputing and outputting at thair plesour as principall, and auld kyndlie possessouris and tennentis thairof under the archiebischopis of Sanctandrois, to quhome the samin appertenis, as ane part of thair patrimonie in all tymes bigane past memorie of man preceding the pretendit infeftment of fewferme thairof maid to umquhile George, erll of Huntlie, gudsir to George, now erll of Huntlie, in maner following, quhill that umquhile David, cardinall archiebischop of Sanctandrois for the tyme, haveing contractit ane new familiaritie with George, sumtyme erll of Huntlie for sum grite effairis quhilkis thay had thairto be intreatit amangis thame selffis, maist unkindlie set the said compleneris native rowmes over thair heidis to the said George, erll of Huntlie, his airis and assignayis, the said cardinall and archiebischop alwayis luiking that thairby the saidis compleneris suld not have bene removit or heichtit by thair auld dewteis payit be him and his predicessouris, bot only to haif schawin his favour and lufe to the said umquhile erll, quha, alsua upoun consideratioun that the saidis compleneris wer sa auld kyndlie possessouris and bruikaris of the saidis landis and baronie under the saidis archiebischopis and mony of thair freindis borne thairon, sua that the samin being kirklandis he culd pretend to haif na forder prevelege nor dewtie of thame bot as the saidis archiebischopis gat of befoir, conforme to the auld and lovabill consuetude anent kirklandis, sua in that respect the said umquhile erll wes for worthie consideratiounis movit to infeft certane of the principallis of the said compleneris heritabill and set takis to utheris, ilk ane for thair kindlie rowmes, quhairby thai bruikit and usit the samin landis be thame selffis and thair tennentis in thair names continewalie sensyne, but molestatioun or truble, thair never being questioun of removing intentit aganis thame or ony of thame befoir, quhill of lait occasioun and querrell borne amangis thame for thair constant professioun and trew abyding of the richteous caus of defending of our soverane lordis auctoritie and royall persone in tymes bigane, quhenas the saidis enemeis and declarit tratouris socht haif bereft and injoyit the supreme place of his grace gubernament, it hes plesit George, now erll of Huntlie, and utheris of his surname and freindis in quhome his umquhile fader transferrit his richt of divers of the saidis landis, to mak warningis to the saidis compleneris to remove fra the saidis auld and kindlie possessionis, quhairupoun thay haif persewit actionis aganis thame befoir the lordis of sessioun, and intendis to haif thame removit thairby, thinkand under cullour of law to put thame thairfra, albeit the intentioun of the saidis George, erll of Huntlie and his saidis freindis and kinnismen, persewaris of the saidis removingis, be altogidder to displace the saidis compleneris of thair saidis native rowmes for thair trew and thankfull service done to our soverane and his derrest moder in tyme of his auctoritie; and namelie at sic speciall tymes as the Erlles of Huntlie planelie rebellit as in the moneth of October or thairby the yeir of God jM vC lxij yeiris, quhen as the said umquhile George, erll of Huntlie deit with displayit baner aganis our soverane lordis derrest moder, and in the lait rebellioun begun be George, erll of Huntlie, fader to the said George, erll of Huntlie, quha now is aganis our said soverane lord and his auctoritie royall; for defence and mentenance quhairof, ane grite nowmer of the saidis compleneris name and freindschip spendit thair lyffis in the battellis at Tullieanguss and Crawistane, sum of thair housis, wyiffis and bairnis being thairin wer alluterlie wraikit and brount, the utheris touris, castellis and fortalices pertening to thame mast barbarouslie rewinit, thair movable guidis insicht and plenessing and kattell spulyeit and away takin, thair orcheartis, wodis, policeis, yairdis and planting cuttit and distroyit, the maillis, fermes and dewteis of thair landis intromettit with and disponit; and that for the maist pairte in manifest contempt of our soverane lordis auctoritie efter the conclusioun of the abstinence takin at Leyth, the last day of Julii, the yeir of God jM vC lxxij yeiris, aganis the said abstinence, thair awin consent and ayth and aganis the law of all nationis. And albeit at last quhen the forces of the said erll and rest of his adherence failyeit in sic sort as thay culd not langer abide the rigour of our said soverane lordis auctoritie than arrysing, thay acceptit the conditionis of pacificatioun than concludit at Perth in the moneth of Februar, the yeir of God jM vC lxxij yeiris, and ratefeit and apprevit in parliament haldin at Edinburght in the moneth of Aprile thairefter, to the conditionis of the quhilk pacificatioun oure said soverane lord nor his estaitis wald never condiscend to it, upoun provisioun that the haill injureis and attemptatis committit of befoir and speciallie sen the conclusioun of the first abstinence to the tyme thairof suld be reparit to the sempill availl; and, to that effect, jugis and places of sitting wer appointit and tyme of the space of yeir and day lykwayis appointit to the persute and finissing of the proces thairanent. And albeit the saidis compleneris did exact diligence, as is notourlie knawin, that thay behuiffit to raisis compulsatouris in the saidis materis under the pane of horning, with our soverane lordis lettres to denunce thame rebellis, yit the maist part of thame, being personis of estait, caussit the saidis lettres to be suspendit; and sua that the saidis compleneris having consumit without proffitt the tyme appointit for thair jugement, thay thairefter gaif plane ansuer that efter the outrynning of the yeir and day thay had na jurisdictioun and sua wes the saidis compleneris travellis and expensis loist and thair expedience of administratioun of justice frustrat, sua that that maner of deling maid, as appeiris, plane declaratioun that the promiss of redress of thair said dampnage wes proponit to persuade thame to thair contentment at this present tyme, seing thair hes followit sa litill gude effect thairupoun to thair favour. And nochttheless, the said Erll of Huntlie, his fader and his freindis, haiffand all thair sutes aganis the saidis compleneris, ressavit frie expeditioun befoir the lordis of sessioun, jugeis arbitratouris, that all infeftmentis of landis disponit to thame be ressone of thair foirfaltouris led aganis thame, and speciallie of the saidis landis of Kerge and Monymusk of lang tyme retreitit, notwithstanding that the saidis compleneris thairfoir debursit grite sowmes of money and thairwith all ar left unreparit of thair saidis dampnagis, luiking for na uther recompence bot be this, thair lait sute, to be removit fra thair saidis landis and possessionis, quhilkis ar thair native and kyndlie rowmes. And anent the charge gevin to the said erll and his saidis tutouris and curatouris and all utheris haiffand entres to haif comperit befoir our soverane lord and thrie estaitis of parliament, to haif hard and sene jugeis unsuspect appointit to sitt and decyde in the actionis writtin ellis intendit be the saidis persewaris unto the finall end and decisioun thairof, or ellis to haif allegit ane reassonabill caus quhy the samin suld not haif bene done, as at mair lenth is contenit in the saidis lettres, the said Johnne, maister of Forbes, being personalie present, and the remanent personis abovewrittin comperand be Maisteris Johnne Scharp and Clement Litill, thair procuratouris, and the saidis George, erll of Huntlie and the saidis Adame Gordoun of Auchindoun and Patrik Gordoun, his curatouris, comperand be Mr Thomas Crage, thair procutour, quha sand cautioun, viz., Alexander Gordoun of Aberyeldy and Johnne Gordoun of Petlurge, that he and his curatouris suld hald ferme and stabill the jugement and defence of the said caus, and that he and thay sall ratefie and appreve the samin as accordis of the law; and all utheris haiffand or pretendand to have entres, being all lawchtfullie summound to this actioun, oftymes callit and not comperit; and thairefter all thair richtis, ressonis, allegationis of the pairtie comperand hard sene and understand first befoir the lordis of articlis and thairefter be the kingis majestie and thrie estaitis in parliament, and they thairwith being ryplie advisit, the kingis grace and thrie estaitis of parliament present hes gevin and grantit, lykas thai, be the tennour heirof, gevis and grantis thir persones underwrittin: that is to say, Robert, erll of Buchan, Williame, lord Ruthven, Robert, lord Boyd, Alexander, commendatar of Culross, Maister Thomas Makalyeane of Cliftounhall and Mr Robert Creychtoun of Eliok, advocate, or ony four of thame conjunctlie, in jugeis unsuspect to sitt and decyde in the faiths, causis ellis intentit be the saidis persewaris unto the finall end and decisioun thairof, quhome thai ordane to sitt for takin cognitioun thairintill within the tolbuith of Edinburgh, dispenasnd with the place and makand the samin als lawchtfull as it wer within ony pairt of the said schirefdome. And the saidis Erll of Buchan, Lord Ruthven, Lord Robert Boyd, Alexander, commendatar of Culross and Maister Robert Creychtoun hes instantlie acceptit the decisioun of the saidis materis in and upoun thame, and hes maid fayth for dew administratioun thairintill; and als hes gevin and gevis power to the lordis of sessioun, or any of thame, to ressave the ayth of the said Mr Thomas McCailyeane for doing of justice in the saidis causis, and siclyk makis and constitutis David Lawtie and Archibald Myllar, conjunctlie, clerkis and notaris in the said caus to the finall end thairof, with power to the saidis jugeis, or ony ane of thame, to ressave thair aythis to that effect; and hes appointit and ordanit the saidis jugeis, or ony four of thame, to sitt and begin within the said tolbuith of Edinburgh for doing of justice to the saidis parteis in the saidis causis the first day of November nixttocum, and in the meantyme to derect preceptis at the instance of the saidis persewaris to the said day or ony utherwayis as the saidis persewaris requiris, as they pleis, lybell thairanentis for proces to be led in the saidis materis quhair they left or of new to begin, or for translationis in the saidis action, or ony of thame, active or passive, as the caus requiris, and as heirefter sall pleis the saidis persewaris to lybell, and thairefter to proceid in the saidis actionis and do justice thairintill unto the finall end and decisioun thairof; and to gif furth thair decrete according to the probationis and deductioun of the proces to be led befoir thame within auchtene monethis efter the said first day of November nixttocum, viz., befoir the first day of Maii in the yeir of God jM vC fourscoir yeiris. And to the effect foirsaid, witnes to caus be summound, sworne and examinat etc., provyding alwayis that the saidis persewaris do thair diligence for persute of the saidis actionis and obtening of the decreit befoir the saidis jugeis thairintill within the space foirsaid. With certificatioun to thame and thay failyie thairin, the saidis auchtene monethis being bipast and na lawchtfull diligence done be thame, the saidis actionis sall expyre and be prescrivit and thay never hard to persew for the same heirefter. And als geves power to the saidis jugeis to creat serjandis and utheris memberis of court neidfull, gif the samin beis requirit, as accordis of the law becaus the saidis Erll of Huntlie, his saidis curatouris and all utheris, haiffand or pretendand to haif entres in the said mater, wer lawchtfullie summound to haif comperit befoir our said soverane lord and thrie estaitis of parliament at ane certane day bipast, to haif hard and sene jugeis unsuspected appointit to sitt and decyde in the saidis actionis ellis intentit and to the finall end and decisioun thairof, or ellis to haif allegit ane reassonabill caus quhy the samin suld not haif bene done. With certificatioun to thame and thay failyeit thairin, the saidis jugeis wald be appointit and gevin in maner abonementionat. And thay being all lawchtfullie summound to that effect, and the said erll and his saidis curatouris comperand be thair saidis procuratouris as said is, first befoir the lordis of articles, efter that thai wer chosin be the thrie estaitis in publict parliament, and thairefter in presens of the kingis grace and thrie estaitis foirsaidis, and all utheris, the said Erll of Huntlie tutouris and curatouris, gif he ony had, and all utheris haiffand or pretendand to have entres in the said mater as said is, being all lawchtfullie summound and not comperand, schew na reassonabill caus in the contrair, lyk as wes cleirlie understand to our said soverane lord, lordis of articles and thrie estaitis foirsaidis; and ordanis lettres to be direct heirupoun, gif neid beis, in forme as efferis.