Legislation: private acts
Act annulling the pensionis gevin out off the archibischoprik off Sanctandrois and bischoprik of Aberdene

Forsamekle as the geving of pensionis furth of benefices of cuir within this realme from verie ancient tyme, evin in the dayis of our soverane lordis noble progenitouris, King James the First of maist nobill and worthie memorie, hes bene considerit to be the dismembering of the saidis benefices and sua ane inconvenient, insufferable within this realme, that the purchessaris thairof in parliament wer dischairgit of the samyn and the ordinaris inhibit to mell in that mater, as in ane speciall act of parliament maid in the dayis of the said King James the First may cleirlie appear; and neverertheles, the samyn abuse and inconvenient hes this lang tyme bypast, during the tyme of our soverane lordis minoritie, increscit to sic ane heiche misordour, speciallie in the achiebishoprik of Sanctandrois and bishoprik of Aberdene, quhilkis ar sa exhaustit with ane greit numer of pensionis gevin furth of the twa part thairof and that be the meanis of thame that governit the realme for the tyme quhen the saidis benefices vakit, and partlie be the importune and ardent solistatioun, yea, partlie be manassing and boisting of sic as our said soverane lord knawis it wes hard to thame to withstand, sua gif the saidis pensionis remanis as ane burding upoun the said archiebishoprik of Sanctandrois and bishoprik off Aberdene, it sall not be able to Patrik, now archiebishop of Sanctandrois and David, bishop of Aberdene to sustene the charge of the owirsicht of thair dioceise and to assist his hienes with thair advise and counsall quhen the necessitie of the commoun effairis sall require; thairfoir, our soverane lord, be advise of the thrie estatis in this present parliament, maist willing to putt ordour heirunto be ressoun that the saidis present possessouris ar dalie burdenit not onlie with the charge of thair awin diocise, bot inlikmaner with his grace service in counsall and utherwayis, hes cassit, rescindit, retretit and annullit and, be this present act, retretis, casis and annullis all and sindrie giftis of pensionis disponit and gevin to quhatsumevir persoun or personis, be quhatsumevir persoun or personis, furth of the said archiebishoprik of Sanctandrois and bischoprik of Aberdene at ony tyme preceding the dait heirof, with all confirmationis, decreitis and lettres obtenit conforme thairto, and that but ony forder declaratour or proces of law; and oure said soverane lord, be the tennour heirof, declaris and ordinis the saidis personis, and every ane of thame, to be consolidat and revincit, likas his hienes consolidatis and revincis thame to the saidis benefices respective furth of the quhilkis the samyn wer disponit and gevin, and dischargis the lordis of his hienes sessioun and all utheris jugeis, ministeris and officiaris of his lawis, that nane of thame admitt ony of the saidis pensionis in jugement, decreit or decerne lettres conforme thairto, or in ony soirt appreve the samyn, or proceid in ony actioun that may result directlie or indirectlie thairupoun be way of actioun, suspensioun, warrandice or utherwayis in tyme cuming, saulffand and exceptand onlie the pensionis underwrittin providit to the personis underspecifiit: thay ar to say, thrie hundreth thrie poundis money of the meillis of the landis of Keig and Monymusk to James Adamsoun, eldest lawfull sone to the said archiebishop; ane hundreth and sex pondis to James Arthour, the half quhairof is transferrit in Patrik Adamsoun, secund sone to the said archiebishop; thrie chalderis, twa bollis quheitt, beir and aittis equallie out of Killrynnie to Walter Cokburne; fourtie poundis of the teyndis of Farny to Hew Lyndsay; fiftie poundis of the meillis of the landis of Angus to Paull Lyndsay; fiftie pundis of the meillis of the landis of Stow to Maister Robert Nicoll, doctour in medecine; fiftie poundis of the teyndis of Kynpont and utheris in the parochin of Kirklistoun to Hieronyme Bowy, maister of his hienes wyne sellair; ane hundreth poundis of the teyndis of the parochin of Kirklistoun or few meillis thairoff to the relict and bairnis of umquhill Hew Tod; twa chalderis of quheit out of the landis of Letham to Schir Robert Mailvill of Murdocairnie, knycht; and four chalderis aittis of the fermis of Killeith to Maister Johnne Sharp, advocatt, all being of the twa part of the said archiebishoprik of Sanctandrois; and fyve hundreth merkis to Schir Patrik Gordoun of Auchindoun, knycht, furth of the temporall landis and twa part of the bishoprik of Aberdene. Quhilkis pensionis his hienes and estaitis foirsaidis declaris na wayis to be annullit be the said act, bot that the personis respective abonespecifeit providit unto the saidis pensionis as said is sall bruik and jois the samyn according to the giftis and titillis maid to thame of the samyn as gif the said act had not bene maid.

  1. NAS, PA2/13, f.18r-19r. Back
  2. NAS, PA2/13, f.19r. Back
  3. NAS, PA2/13, f.19r. Back
  4. NAS, PA2/13, f.19r. Back
  5. NAS, PA2/13, ff.19r-v. Back
  6. NAS, PA2/13, ff.19v-21v. Back
  7. The section 'universallie as said is. And mairover, be the saids pretendit commissionis, power is grantit to the said George, earll of Cathnes, his airis and assignais not onlie to judge the personis' not in APS. Back
Ratificatioun of the kingis majesties revocatioun, with additionis and exceptionis specifiit thairin

The kingis majestie, with advise of his thrie estaittis of this present parliament, ratefeis, apprevis and, for his hienes and his successouris, perpetuallie confermis his majesties revocatioun last maid and ratifiit and confermit of befoir in his hienes lait parliament haldin upoun the tuentie twa day of Maii last bypast, and ordanis the same to be put to dew executioun in all pointis efter the forme and tennour thairof.

  1. NAS, PA2/13, f.18r-19r. Back
  2. NAS, PA2/13, f.19r. Back
  3. NAS, PA2/13, f.19r. Back
  4. NAS, PA2/13, f.19r. Back
  5. NAS, PA2/13, ff.19r-v. Back
  6. NAS, PA2/13, ff.19v-21v. Back
  7. The section 'universallie as said is. And mairover, be the saids pretendit commissionis, power is grantit to the said George, earll of Cathnes, his airis and assignais not onlie to judge the personis' not in APS. Back
Ratificatioun to the erll of Arrane and his spous

Oure soverane lord, with advyse of his thrie estaittis of parliament, for the guid, trew and thankfull service done to him be his rycht traist cousing and counsalour James, erll of Arrane, lord Avane and Hammiltoun, ratefeis, apprevis and, for him and his successouris, perpetuallie confermis all and quhatsumevir infeftmentis, giftis, dispositionis, takkis and assedationis of quhatsumevir landis, lordschippis, baroneis, tennentis, tenandreis and service of frie tennentis, offices, services, leid myndis and utheris quhatsumevir maid befoir the dait of thir presentis be his hienes to his said rycht traist cousing and counsallour, and to Dame Elizabeth Stewart, countes of Arrane, his spous; and will and grantis, for him and his successouris, that the generall ratificatioun and approbatioun foirsaid salbe als effectuall and sufficient in all respectis as gif the haill infeftmentis, giftis, dispositionis, takkis and assedationis wer heirin specealie expremit, declarand and, be thir presentis, decernand the samine and everie ane of thame to be exceptit, like as his hienes, be thir presentis, exceptis the samine furth of all and sindrie his hienes generall and speceall revocationis maid at ony tyme preceding the dait heirof, and ordanis one speceall act of parliament to be maid heirupoun, with extensioun of all clausis neidfull.

  1. NAS, PA2/13, f.18r-19r. Back
  2. NAS, PA2/13, f.19r. Back
  3. NAS, PA2/13, f.19r. Back
  4. NAS, PA2/13, f.19r. Back
  5. NAS, PA2/13, ff.19r-v. Back
  6. NAS, PA2/13, ff.19v-21v. Back
  7. The section 'universallie as said is. And mairover, be the saids pretendit commissionis, power is grantit to the said George, earll of Cathnes, his airis and assignais not onlie to judge the personis' not in APS. Back
Ratificatioun grantit to the commendatare of Pettinweme

Oure soverane lord, with advise and consent of his thrie estaittis of parliament, for the guid, trew and thankfull service done to him be his trusty and weilbelovit counsellour Williame, commendatare of Pettinweme, capitane of his hienes gaird, ratefeis and apprevis all and quhatsumevir infeftmentis, giftis, dispositionis, takkis and assedationis of quhatsumevir landis, lordschippis, baroneis, tennentis, tenandreis and service of frie tennenentis, superioriteis, offices, services and utheris quhatsumevir maid befoir the dait of thir presentis be his hienes to his said trustie and weilbelovit counsalour; and will and grantis, for him and his successouris, that the generall ratificatioun and approbatioun foirsaid salbe als effectuall and sufficient in all respectis as gif the haill infeftmentis, giftis, dispositionis, takkis and assedationis wer heirin specealie exprimit, declarand and, be thir presentis, decernand the samine and everie ane of thame to be exceptit, like as his hienes, be thir presentis, exceptis the samine furth of all and sindrie his hienes generall and speciall revocationis maid at ony tyme bygane preceding the dait heirof.

  1. NAS, PA2/13, f.18r-19r. Back
  2. NAS, PA2/13, f.19r. Back
  3. NAS, PA2/13, f.19r. Back
  4. NAS, PA2/13, f.19r. Back
  5. NAS, PA2/13, ff.19r-v. Back
  6. NAS, PA2/13, ff.19v-21v. Back
  7. The section 'universallie as said is. And mairover, be the saids pretendit commissionis, power is grantit to the said George, earll of Cathnes, his airis and assignais not onlie to judge the personis' not in APS. Back
Ratificatioun of the Lord Lovettis infeftment of Bewlie and thrid thairof

Oure soverane lord, with expres advyse and consent of his thrie estaittis of this present parliament, for the guid, trew and thankfull service done unto his hienes be umquhill Hew, lord Fraser of Lovat and Symon, now lord Fraser of Lovat, his sone and air, and for utheris greit and wechtie considerationis moving his majestie, ratefeis, apprevis and, for his hienes and his successouris, perpetuallie confermis the infeftment and chairtoure of fewferme maid be the priour and convent of Bewlie for the tyme to the said umquhill Hew, lord Fraser of Lovat, his airis maill and assignais quhatsumevir, of all and haill the landis underwrittin: they ar to say, all and sindrie the baronie, townis and landis of Bewlie underwrittin, viz., the village and landis of Ardingrosk, Rewindoun, Incherorie, Alter, Craigscorie, Plathaycht, Grome, Ferinelie, with the forrestis and woddis of the samine, Thaynok, with the pendiclis, viz., Ovircroarsis, the relict and grene fauld, with the cottage of the samine, the landis of Urquhany, with the woodis of the samine, the landis callit the Half Dawaucht, the landis of Boycht, Couharbrie, the thrid pairt of the landis of Mekle Culmulang, the thrid pairt of the landis of Eister Glen of Conveth and quarter of the landis of Faynblair, ferrie hous, with the croft of the samine, Ainocht auld toun callit the Commoun Pasture, Thatfrische, with the cottage of the samine, the landis callit Masoun Land, the landis callit Johnne Cuikis land, ane croft of land callit Machucheonis Croft and commoun cottage, the landis callit the Manis of Bewlie, with all and haill the yairdis, orcheardis pertening or that in ony wayis may pertene to us and the pertinentis of the foirsaidis landis, lordschippis and croftis of the samine, ane croft callit Deane James Papis Croft, ane croft of land callit Merschellis Croft, ane croft callit MacAlesteris Croft, now occupiit be David Lowsoun, and alswa twa mylnis callit Thaynok and Bewlie Mylnis, with the thirlat multuris of the haill baronie of Bewlie, and all and sindrie landis abonewrittin, with thair sequelis, and also all and haill the salmound fischeingis in and upoun the water of Sorne, merchand fra Cairncot to the sea, or ony uther pairt on the said water amang the fischeingis of ane noble lord Hew, lord Fraser of Lovat, of Kilmarok, with cruvis and uther commoditeis within the priorie of Bewlie and schirefdome of Invernes, to be haldin of the saidis priour and convent and thair successouris for the yeirlie payment of the sowme particularlie contenit in the said infeftment, extending in the haill to the sowme of twa hundreth ellevin pundis, fyiftene schillingis, as the said chairtoure mair fullelie proportis; togidder with the seasing following thairupoun gevin to the said umquhile Hew, lord Fraser of Lovat, and the uther seasing gevin thairefter to the said Symon, now lord Fraiser of Lovat, as sone and air of his said umquhile father. And mairour, oure said soverane lord ratefeis, apprevis and, for him and his successouris, perpetuallie confermis the chairtoure of confirmatioun maid and gevin under his greit seill at his castell of Striviling, the tent day of August, the yeir of God jM vC lxxix yeiris, ratifeand, apprevand and confermand the said first chairter and infeftment of fewferme in all pointis, heidis and circumstances thairof, and speciallie in that claus thairof contening the payment of the said yeirlie dewitie to the saidis priour and convent specifiit in the said infeftment, and that the thrid of the said benefice of Bewlie, in sa far as concernis the rentall of the landis and fischeingis particularlie foirsaidis, salbe payit proportionallie efter the forme and tennour of the said infeftment and to na gritter quantitie, dischairgeing the collectour generall than present and quha sould be for the tyme of all further craving and collecting of the thrid of the said abbacie for the landis and fischeingis foirsaidis and in sa far as concernis the samine, bot efter the proportioun of the said yeirlie dewitie; quhilk claus and provisioun oure said soverane lord, in this present parliament, ratefeis, apprevis and confermis, togidder with the decreit gevin be the lordis of his hienes counsall and sessioun in favour of the said Symon, lord Fraser of Lovat, and his tutour for the tyme aganis Robert, lord Boyid, than collectour generall of the thriddis, decernand and ordinand the thrid to be payit efter the rait and quantitie of the dewiteis contenit in the said infeftment and na utherwayis; and decernis and ordanis the said decreit gevin be the saidis lordis of sessioun to haif the force and effect of ane decreit of parliament in all tyme cuming, but ony questioun or querrell to be movit aganis the samine, and dischairgeing the collectour generall now present and quha salhappin to be for the tyme off all trubling and molesting of the said Symon, lord Fraser, and his airis for ony gritter quantitie for the thrid of the dewitie of the saidis landis and fischeingis forther nor according to the rait of the said infeftment of fewferme, and that notwithstanding ony heare, rentall or use of ony gritter payment at ony tyme preceding.

  1. NAS, PA2/13, f.18r-19r. Back
  2. NAS, PA2/13, f.19r. Back
  3. NAS, PA2/13, f.19r. Back
  4. NAS, PA2/13, f.19r. Back
  5. NAS, PA2/13, ff.19r-v. Back
  6. NAS, PA2/13, ff.19v-21v. Back
  7. The section 'universallie as said is. And mairover, be the saids pretendit commissionis, power is grantit to the said George, earll of Cathnes, his airis and assignais not onlie to judge the personis' not in APS. Back
Ratificatioun of ane decreit gevin in favouris of the Erll of Sutherland aganis the Erll of Caithnes

Oure soverane lord and his thrie estaittis convenit in this present parliament haif sene and fullelie considderit the sentence and decreit gevin be the lordis of his hienes counsall and sessioun at Edinburgh, the fyift day of Maii the yeir of God jM vC lxxxij yeiris, at the instance of his traist cousing and counsallour George, erll of Huntlie, lord Gordoun and Badyenauch, schiref principall of Invernes, and als at the instance of umquhile Maister Robert Creichtoun of Eliok, advocat to oure soverane lord for the tyme, for his hienes entres, aganis umquhill George, erll of Caithnes and utheris havand or pretendand to haif entres thairanent, retreittand, rescindand and annulland the twa commissiones specifiit thairin, with the approbationis and ratificationis thairof of [...]sumevir dait or daittis, and decernand the samine to haif bene fra the begynning, at the leist to haif bene in all tyme cuming efter the said decreit reductive, of nane availl, force nor effect with all that followit or may follow thairupoun for the causis and ressonis contenit in the said decreit of the dait foirsaid, off the quhilk the tennour followis:

At Edinburgh, the fyift day of Maii, the yeir of God jM vC fourescoir twa yeiris anent the summoundis raisit at the instance of ane noble and mychtie lord George, erll of Huntlie, lord Gordoun and Badyenour, schiref principall of the Schirefdome of Invernes, and thairthrow, havand speceall entres in the actioun and caus underwrittin be ressoun his jurisdictioun thairof is parit and diminishit be the pretendit commissionis efter mentionat, Johnne Gordoun of Lochinvar, knycht, [...], his curatouris for thair interesis, and als at the instance of Maister Robert Creichtoun, advocat to oure soverane lord, aganis George, erll of Cathnes, and all utheris havand or pretendand to haif intres in the mater efterspecifiit: that is to say, the said George, erll of Cathnes, to heir and sie the said advocat and the said noble and mychty lord George, erll of Huntly, exhibite and produce befoir the lordis of counsale the pretendit lettre under oure soverane lordis derrest moderis greit seill of the dait the xvij day of Apryle, the yeir of God jM vC lxvj yeiris, makand and constituand the said George, erll of Cathnes, his airis and assignais heretable justiciaris in that pairt within the boundis underwrittin: that is to say, fra Portincultir to Paintland Firth and fra the Eeist Sie to the West Sie, as the boundis and merchis of the diocie of Cathnes ar extendit, with dyverse privilegis, faculteis, auctoritie and poware speceallie exprimit and mentionat in the samine, as his saidis lettres beirand commmissioun as is thairin continit of the dait foirsaid at mair lenth proportis; and als the uther lettre maid be oure said soverane lordis derrest moder, under hir greit seill as said is, to the said George, erll of Cathnes, his airis and assignais heritablie, ratifeand, apprevand and confermand for hir and hir successouris the saidis lettres and commissioun thairin specifiit in all and sindrie pointis, articlis, clausis and circumstances thairof, and als of new gevand and disponand to the said George, erll of Caithnes and his airis heritablie the said office of justiciarie within the boundis foirsaidis, with the power and auctoritie contenit in the first commissioun, and with additioun of certane utheris new privilegis and immuniteis thairin contenit, specialie with power of banishment of quhatsumevir offendaris, and als contenand exemptioun of the said erll, his airis and assignais, frome oure soverane lordis thesaurare comptrollare and advocat, than present, and quha sould happin to be for the tyme, that thai, nor nane of thame, sall intent summoundis of reductioun aganis the said erll, his airis and assignais, for retreiting of the saidis commissionis of justiciare, approbationis and ratificationis thairof, or ony uther infeftmentis or rychtis maid to the said erll or his predicessouris of the said office, and fra the lordis of counsall and sessioun that they sall not discus ony of the saidis summondis of reductioun intentit or to be intentit, nor mak inhibitioun in the contrair of the commissionis, as the said lettre, quhilk is of the dait at Edinburgh, the xiiij day of Februare, the yeir of God jM vC lxvj yeiris foirsaid, at mair lenth proportis, to be sene and considderit be the saidis lordis and to heir and sie the saidis twa commissionis and lettres being producit, with certificatioun to George, erll of Cathnes, that, quhither he compeir or not, the commissioun salbe retreittit, rescindit, cassit, annullit and declarit be decreit of the saidis lordis to haif bene fra the begynnig, at the leist to be in all tymes cuming, null and of nane availl, force nor effect with all that hes followit or mycht follow thairupoun, for the causis and ressonis efter following, lyke as at main lenth is contenit in the saidis summoundis. The said advocat being personallie present, the said noble and mychtie lord George, erll of Huntlie, compeirand be Maister David MacGill, his procuratour, quha, for verifeing of the ressonis underwrittin, producit the autentik extract and copy of oure said soverane lordis derrest motheris twa lettres of commissonis, extractit furth of the register under the signe and subscriptioun manuell of Alexander Hay, clerk of register, as the samine beiris; and the said George, erll of Cathnes, and all utheris havand or pretendand to haif intres in the said mater, being lauchtfullie summound to this actioun, oftymes callit and not comperit, the lordis of counsale retreittis, rescindis, cassis and annullis baith the foirsaidis commissionis, first and last, and the approbatioun and ratificatioun of the samine first pretendit commissioun contenit in the secund and last commissioun, with all utheris ratificationis and approbationis thairof, of quhatsumevir dait or daittis, and decernis the samine to haif bene fra the begynning, at the leist to be null in all tyme cuming, of nane availl, force nor effect with all that followit or may follow thairupoun. In the first, becaus bayth the saidis lettres and commissionis beirand, approvand and proportand as said is ar grantit be oure said soverane lordis derrest moder, verie inconsideratlie makand the said erll, his airis and assignais heritablie, justiciaris within the boundis foirsaidis, upoun sinister and fals narratioun that the said erll, his predicessouris, had the commissioun of justiciarie of befoir, induceand or pure said soverane lordis derrest mother and gevand to hir to understand that the saidis offices pertenit heritablie to his predicessouris of befoir, quhilk is not of veritie and swa manifestlie appeiris that the samine wer impetrat be fals suggestioun. And forder, the saidis pretendit comissionis of justiciarie within the boundis foirsaidis, to witt, fra Portinculter to Pentlandfirth and fra the Eist Sie to the West, as the diocie of Caithnes lyis, is grantit heritablie not onlie to the said erll and his airis, bot to his assignais alswa, be the quhilk he may arrogat power to him to mak ony persoun of quhatsumevir qualitie his assignay to the said office, quhether the persoun, assignay, wer approbat be oure soverane lord and his successouris or nocht, seing the said erll intendis to hauld the said office of oure said soverane lord and his successouris in frie blenche, quhilk wer altogidder aganis justice and equitie and to the greit hurt of oure soverane lordis liegis inhabitand within the boundis foirsaidis gif it sould be lauchtfull to the said George, erll of Cathnes and his airis to gif jugement of all causis criminall quhat persoun he pleasit. And forder, it is extendit universalie to all crymes committit or to be committit within the saidis boundis limitat in the saidis commissionis aganis the lawis and consuetude of this realme and submitting dyverse erllis and lordis of parliament, namelie, the Erllis of Merschell, Southerland and Lord Oliphant, quha hes mony and dyverse landis within the saidis boundis, their servandis and tennentis to the jurisdictioun of the said Erll of Cathnes in all materis criminall, and swa the samine is grantit to thair greit prejudice and hurt; and alswa to the manifest hurt and prejudice of the said George, erll of Huntlie, schiref principall of the schirefdome of Invernes, and paring of his jurisdictioun of the samine; and siclyke of the baronis erectit within the samine boundis, haifand be thair heritable infeftmentis of cognitioun of all causis criminall appertening to the jurisidictioun of the schiref and baroun courtis. And swa the saidis pretendit commissionis being grantit be circumventioun of oure soverane lordis derrest mother, suppressioun of the treuth and expressioun of ane fals caus and not particularlie to ane cryme or persoun, bot generallie universalie extendit to all crymes committit within the saidis boundis and with power to mak assignais, and in hurt and prejudice of oure soverane lord and his successouris, and of the schireffis, lordis and baronis within the saidis boundis, quhais jurisdictionis and powaris thairby is diminishit, the samine is wrangouslie grantit. Secondlie, becaus the saidis pretendit commissionis, with the ratificationis and approbationis thairof foirsaidis, ar not onlie grantit heritablie to the said George, erll of Cathnes, his airis and assignais, to oure soverane lordis prejudice and the hurt and prejudice of his hienes subjectis and liegis, bot als the samine ar grantit with sic preheminences, prerogatives, privilegis, power and auctorite as can not ressonable consist and stand in the persoun of the said George, erll of Cathnes, nor of ony oure soverane lordis subjectis, the saidis priviledgis being sa annexit to his hienes awin persoun and to the persoun of his successouris and croun, that his hienes can not, be the lawis and consuetude of this realme, transsumit the samine in the persoun of ony oure soverane lordis subjectis, nor mak the saidis erllis and lordis haifand thair landis and offices within the boundis of the said jurisdictioun in criminall materis to be subject to the said George, erll of Cathnes, to quhome thay ar peiris, specialie sen the said commissioun is allegit to be grantit to him, his airis and assignais heritablie and to all causis criminall universallie as said is. And mairour, be the saidis pretendit comissionis power is grantit to the said George, erll of Cathnes, his airis and assignais, not onlie to judge the personis universallie as said is and, mairover, be the saidis pretendit commissionis, power is grantit to the said George, erll of Cathnes, his airis and assignais not onlie to judge the personis criminall within the saidis boundis in all crymes, bot als to chairge the proprietaris of the ground, lordis and maisteris of the saidis criminall personis, to exhibite and present thame according to the generall band upoun his schedole or wallentyne upoun sic space, upoun sic maner and at sic places as it sall pleis the said George, erll of Cathnes to appoint; and gif thai failyie thairin, being requyrit, that the said George, erll of Cathnes, his airis and assignais salhave power to denunce thame rebellis and put thame to the horne and escheit and inbring all thair movable guidis and namelie the men, half to his awin particular use and proffeittis; like as be vertew of the same pretendit commissioun the half of all escheittis falland in oure soverane lordis handis, or that in ony tyme cuming sall fall for ony maner of way committit or to be committit within the boundis foirsaidis, is disponit to the said George, erll of Cathnes, his airis and assignais, the said Erll of Cathnes on the uther part having maid na securitie to oure said soverane lordis derrest mother for inbringing of the uther half of the saidis escheittis; be the quhilkis commissionis the said erll hes alswa obtenit power to execute the proces of horning and rebellioun siclyke and in the samine maner as oure soverane lordis generall and heich justice may do, quhair, notwithstanding, he is not constitute justice be vertew of the said commissioun in heritage, bot ane certane tyme limitat and specifiit in his said comissioun. And forder, quhen the saidis personis ar denuncit rebellis, the said erll, be vertew of the said commissioun, hes expres power with ony imputatioun of offence intercommoun with thame, quhilk is in effect ane obsolute power to bind and louse incompetent in the persoun of ony subject, specialie quhair the said commissioun with the commoditie of the half of the escheittis and with sic ampill power as is befoir rehersit, in the quhilkis pointis the saidis comissionis ar altogidder intollerable and exorbitant, namelie, quhair the samine gevis power to exyle, banishment and to summound assyise in foure halffis about, that is in the foure schirefdomes nixt adjacent, ilk persoun under the pane of fourtie pundis, and the half thairof to be applyit to him self, bot in this claus efter following the samine is altogidder intollerable and directlie aganis all law and guid ressoun, that be the saidis commissionis power is grantit to the saidis George, erll of Cathnes, his airis and assignais to compone for all and quhatsumevir crymes and offences, and gif re[...]oun thairfoir, the crymes of tressoun and lesemajestie onlie exceptit, quhilk is ane point inseparable annexit to oure soverane lordis croun and can not be gevin to ony of his hienes subjectis nor yit may consist in thair persoun, nor hes nevir bene commonicat to ony persoun, subject, lord of regalitie or uther juge ordiner, bot is reservit and restrictit to oure soverane lordis royall croun and supreme jurisdictioun; and the granting of the said George, erll of Cathnes, his airis and assignais of the power and libertie to compone for crymes and grant remissionis thairfoir, as said is, is verie pernicius and prejudiciall to oure soverane lordis auctoritie, hurtfull to his hienes liegis, aganis all law and guid maneris, ministring and geving occasioun of mony offences that may fall in the persoun of the said erll, his airis and assignais foirsaidis, in sa far as, first, he hes power to denunce the rebellis, thairefter to treat and intercommoun with thaine, nixt, to uplift the half of thair escheittis to his use, and last, to compone and gif remissionis at his awin plesir, quhairin he, not being comptrollit be oure soverane lord nor his hienes successouris, he, his airis and assignais hes thairby occasioun upoun his particularis to mak slauchteris and heirschippis to be committit for his particular revenge, quhilkis ather he may culloure be his pretendit maner of justice, or, gif he list, may frielie remit the samin be vertew of the said commissioun; and swa howbeit the haill cuntrie wer put to utter wrak and confusionis of slauchteris, burnyng and heirschippis gif the said pretendit commissioun stand, it sall not ly in the poware of oure soverane lord and his successouris to punish sic horrible oppressioun, nor mak the partie offendit assythit or amendit, quhairby his hienes can not satisfie his dewitie toward God and his conscience and administratioun of justice within this realme. And forder, the saidis commissionis, at the leist the said pretendit commissioun contening this ratificatioun and approbatioun of the former as said is, gevis and disponis to the said George, erll of Cathnes, his airis and assignais all rycht [and] titill that oure soverane lord and his predicessouris had, hes or mycht haif to the office of justiciarie within the boundis foirsaidis and renunceand the samin simpliciter as said is, quhilk oure soverane lord or his predicessouris may haif or clame thairto be the law. And forder, in the last commissioun contening the confirmatioun foirsaid, it is expreslie anserit that in na tyme heirefter the said first and last commissioun or ony of thame salbe querrellit be summoundis of reductioun at the instance of oure soverane lordis thesaurare, comptrollare or advocat, present or to cum, and forder expreslie inhibitis the saidis lordis of counsale and sessioun that thai sall not discus the summoundis of reductioun intentit or to be intentit befoir thame, bot that thai sall allanerlie desist and ceis thairfra and for granting of ony inhibitioun to discharge or impeid the executioun of the said commissioun, quhilk is ane claus manifestlie aganis the law and all guid ressoun, exemand the said erll, his airis and assignais fra oure soverane lordis jurisdictioun and correctioun that he sall nevir be tryit, howbeit his offensis wer nevir sa manifest, quhilk is alsmekil in effect as gif he sould do quhat him lykit, acknawlegeing na superiour, quhilk be the lawis of this realme and provisioun of the commoun law and guid ressoun is altogidder intollerable. Quhilk ressonis and causis being fundin relevant be the saidis lordis, the saidis persewaris proveit the samin sufficientlie be productioun of the saidis twa lettres and commissioun extractit furth of oure soverane lordis register, under the signe and subscriptioun manuell of Alexander Hay, clerk of register, schawin and producit befoir the saidis lordis. And als becaus the said George, erll of Cathnes, and all utheris havand or pretendand to haif enteres in the said mater, wer lauchtfullie summound to haif compeirit at ane certane day bypast to haif hard and sene the said advocat and the said noble and mychtie lord George, erll of Huntlie exhibite and produceit befoir the saidis lordis the saidis twa lettres and commissionis, to haif bene sene and considderit be the saidis lordis, and, being producit, with certificatioun to the said George, erll of Cathnes that, quhither he compeir or not, the samin lettres and commissionis befoir specifiit sould be retreittit, rescindit, cassit and annullit and declairit be decreit of the saidis lordis to haif bene fra the begynning, at the leist to be in all tyme cuming, null and of nane availl, force nor effect with all that hes followit or mycht follow thairupoun; and the said George, erll of Cathnes, and all utheris havand or pretendand to haif intres as said is, being lauchtfullie summound to that effect, failyeit thairintill, like as wes cleirlie understand to the saidis lordis, and ordanis lettres to be direct to the effect foirsaid in forme as effeiris. Quhilk decreit his hienes, with advise and consent of his thrie estaittis of parliament, for him and his successouris, ratifeis, apprevis and affermis in all pointis, clausis, articles and circumstances of the samine, and decernis and declairis the said decreit to be justlie gevin conforme to the lawis of this realme and to the singulare weill, utilitie and proffeit of his hienes and his croun, and thairfoir decernis and declairis that the samine sall stand in full force and strenth perpetuallie heirefter, and that the samine sall nevir be callit agane in questioun be appellatioun, reductioun or utherwayis quhatsumevir befoir the lordis of sessioun or utheris juges and ministeris of his hienes law quhatsumevir. And mairour, his hienes, with advyse and consent of his thrie estaittis in this present parliament, revokis, casis and annullis the saidis commissionis, with all and quhatsumevir ratificationis and approbationis thairof in parliament or utherwayis, and decernis and declaris the samine to haif bene fra the begynning and to be in all tyme cumming null and of nane availl, force nor effect with all that hes followit or may follow thairupoun.

  1. NAS, PA2/13, f.18r-19r. Back
  2. NAS, PA2/13, f.19r. Back
  3. NAS, PA2/13, f.19r. Back
  4. NAS, PA2/13, f.19r. Back
  5. NAS, PA2/13, ff.19r-v. Back
  6. NAS, PA2/13, ff.19v-21v. Back
  7. The section 'universallie as said is. And mairover, be the saids pretendit commissionis, power is grantit to the said George, earll of Cathnes, his airis and assignais not onlie to judge the personis' not in APS. Back