Legislation: private acts
Ratificatioun of the Erll of Merschellis proceding in Denmark, direct to treat the mariage betuix the king and quenis majesties, and of his infeftmentis

Oure soverane lord and his estaitis of parliament have revewit, sene and considderit the act maid be his majestie and the lordis of his secreit counsaill than resident with his hienes for the tyme at Upslo in Noroway, the fyft day of November, the yeir of God jM vC fourscoir nyne yeiris, bering that his richt traist cousing and counsallour George, erll Merschell, lord Keith, and his collegis, ambassadouris direct be his hienes for treating, completing and sollennizing of the mariage betuix his majestie and his hienes darrest spous, off the quhilk act the tennour followis:

At Upslo, vicesimo quinto die mensis Novembris anno Domini millesimo quingentesimo octvagesimo nono. The quhilk day the kingis majestie and lordis of secreit counsaill, having at greit lenth hard, sene and considderit the haill procedingis of his hienes richt traist cousing and counsellour, George, erll Marschell, lord Keith and Altrie, his hienes lieutennent in the north, his hienes richt traist cousing and counsellour Andrew, lord Dingwell, colonell generall of his realme, his trustie and weilbelovit counsellour James Scrymgeour of Duddop, constable of Dundie, togidder with his hienes trustie and weilbelovit servitouris Maister Johnne Skene, advocat, and Maister George Young, archedene of Sanctandrois, his majesties ambassadouris direct toward Denmark for treating, concluding and solempnizing of his hienes mariage with the richt heich, richt excellent and worthie princess Anna, secund sister to his hienes darrest bruther and cousing Christiane the Fourt, elected king of Denmark, in the said wechtie erand committit unto thame, and thairwith all being ryplie and at lenth advysit with the forme and tennour of the contract past and interchangeablie seillit and subscryvit thairanent betuix the richt excellent, richt heich and michtie princess his hienes darrest sister, the quene of Denmark, his hienes darrest brother, the said elected king, and the four regentis and governouris of that realme on the ane part, and thame as his hienes ambassadouris and in his hienes name and auctoritie upoun the uther, exhibited and red befoir his hienes and lordis foirsaidis and bearing date the tuentie day of August jM vC lxxxix, togidder with the forme and tennour of the attestatioun, seillit, subscryvit and deliverit be thame to the saidis regentis anent the Iles of Orknay, proporting in effect a grant maid at thair requisitioun be the foirsaidis king and regentis, that all further clame or repetitioun of the foirsaidis iles upoun quhatsumevir pretendit richt or interesse allegit thairto be that croun salbe supersedit and continwit for thair partis unto the said elected princes perfite aige, and the saidis ambassadouris acceptatioun thairof in name foirsaid, alwayes but prejudice of quhatsumevir richt or title acclamit thairto be ather of the crownis, as at mair lenth is contenit in the said attestatioun, quhairof the autentique subscryvit be the handis of the saidis haill four governouris bearing the dait foirsaid wes likwayes exhibited and red befoir his hienes and lordis foirsaidis, togidder with the forme and tennour of the sollempne aith interponit be the saidis ambassadouris at the desyre and requisitioun of the saidis tua princess and four governouris for his hienes completing and effectuating of all thingis promissed and contracted betuix thame and thair foirsaidis anent the mariage or ony pertinent thairof; all the quhilkis contract and process being as said is exhibited and red in presence of his majestie and lordis foirsaidis and the samyn, togidder with the requisitioun maid be the saidis ambassadouris to the saidis quene and governouris anent the transport of the said princes towardis Scottland in this winter seasoun, and all the remanent particularis done and assentit to be thame and at lenth deduceit and discourssit unto his majestie and lordis foirsaidis, being be thame diligentlie examinat and conferrit with the strenth and tennour of the commissionis and instructionis gevin thame thairanent, red lykwayis and producit befoir his majestie and his counsaill to that effect, findis and declairis that his hienes richt traist cousing and all utheris his collegis foirsaidis have, in thair treating, contracting and sollempnizing of his majesties said mariage with the said princess, in thair consenting, perfyting, interchangeing and deliverie of the said contract, attestatioun and aith in the said forme and tennour in thair said requisitioun anent the sending hame of the said princess in this seasone, in convoying hir baith in and out of harboreyis according to the wind and wedder that occurrit, in pressing hir remaning within Norroway efter the resolutioun tane be hir convoy to returne hir bak agane to Denmark, in thair consulting to hir residence and remaning heir at Upslo till the returne of hir said motheris further mynd anent the prosequutioun of hir jornay towardis Scottland, and generallie in all and quhatsumevir uther particularlie deid or actioun pertening to the foirsaid treaty, done or assentit to be thame or ony of thame fra the beginning to the end thairof; all quhilkis his majestie, with avise foirsaid, haldis for particularlie expressit and specifiet in this discharge to have conformit thame in everie point to thair commissionis and instructionis foirsaidis, and thairin honourablie and dewtifullie to have dischargit thame of the said wechtie erand committit unto thame and to have done his majestie, his realme and haill estait maist memorable and worthie service, deserving his hienes favorable remembrance thairof to thame and thair posteritie in all tyme cuming; quhairof his majestie sall find na soner the occasioun, nor he will lat the same appeir to everie ane of thame to thair advancement, baith in benefite and honour, exonering, discharging and releving thame and everie ane of thame and thair aris for his hienes and his successouris, off the saidis commissionis, instructionis, contract and utheris pieces befoir mentionat, haill articles, clauses and conditionis thairof and quhatsumevir foirsaid ather intervenit or followit thairupoun frome the beginning of the said treaty unto his majesties repair to the said toun of Upslo, and of all pane and persute that may impend or be intendit criminallie or civilie aganis thame or ony of thame be his majestie or his foirsaidis, for ony thing pertening to the said treaty, done or committed be thame or ony of thame induring the said space; and for that the abbacie of Deir, being erected be his majestie in a temporall lordschip, wes be his hienes disponit to his said cousing and incorporat to his said erledome in consideratioun of his designatioun at that tyme for the said service and the exorbitant expens quhilk the honorable discharge thairof wald crave and put him to, quhilk now it hes plesit God to effectuat be his meanes; thairfoir his majestie and lordis foirsaidis have declarit and, be the tennour of this present act, declaris his hienes cousing foirsaid to have honorablie, dewtifullie and to his grytest chargis and expenses effectuat and fulfillit the caus and motive of the said erectioun and unioun specefiit in his infeftment, and that in the performance thairof he hes maist worthelie deservit the foirsaid benefite, in perpetuall memorie of his said service to him and his, forevir promessing in that respect in his hienes princelie and inviolable word to caus this said discharge and declaratioun to be confermit and ratifiit be his hienes estaitis in the nixt parliament; and ordaning in the meanetyme this present act to be insert and registrat in the buikis of secreit counsaill ad perpetuam rei memoriam, quhilk act in all clauses, articles and circumstances thairof, oure said soverane lord and his thre estaitis of this present parliament haif ratifiet and apprevit and, be the tennour of thir presentis, ratifies and apprevis; lyk as his majestie and his saidis estaitis haif of new considderit the faithfull diligence of the said erll and his collegis in accomplisching the mandimentis and directionis contenit in the said commissioun and instructionis, but ony brek in ony point thairof; and thairfoir his hienes and estaitis foirsaidis have declarit and declaris that thai and everie ane of thame, thair aris and successouris and all utheris to quhome it appertenis, ar and salbe fra thinfurth sufficientlie acquite, fred and dischargit of thair said commissioun, instructionis and directionis quhatsumevir gevin to thame of befoir as dewlie fulfillit be thame to the honour of oure said soverane lord and his estait, the weilfair of his croun and realme, as als oure said soverane lord and estaitis hes perfitlie understand that the contract of the said mariage and the utheris wreittis mentionat in the said act ar faithfullie deliverit to his hienes clerk of registrar to remane in suir custodie and keping heireftir. And forsamekle as oure said soverane lord, understanding the greit chargis and expenses quhilkis the said George, erll Merschell behuiffit to employ upoun the said honorable service, erectit the landis and rentis of the abbacie of Deir in ane temporall lordschip, now callit the lordschip of Altrie, to Robert, than commendater of Deir, in lyfrent, and to the said George, erll Merschell and his aris maill in fie and heretage, as als his hienes upoun the samyn respectis renewit to the said erll his infeftmentis of his auld leving resignit in his majesties handes to that effect efter the forme and tennour of the auld infeftmentis grantit to him and his predecessouris thairof, makand expres mentioun that the baronie of Inverugie with tennentis, tenandries, annexis and connexis thairof ar hauldin of his hienes be service of ward and releif, alwayes with expres and speciall provisioun, that how oft and howsoevir it salhappin the saidis landis and baronie of Inverugie to fall in the handes of oure said soverane lord and his successouris throw the minoritie of the said George, erll of Merschell, aris and successouris, thay salbe obleist to pay yeirlie and ilk yeir for the said ward, to oure said soverane lord, and his successouris, his and thair factouris the sowme of sex hundreth markis money yeirlie during the tyme of the said waird and the sowme of sex hundreth markis money for the releif at the eschew of the same ward, and the sowme of four thowsand markis for the availl of the mariage of the air sua oft as the samyn salhappin, as in the said infeftment, quhilk is of the dait at Edinburgh, the tuentie day of Junii, the yeir of God jM vC fourscoir nyne yeiris at mair lenth is contenit; as als in respect of the samyn service than undertakin be the said erll, oure said soverane lord renewit to the said erll his infeftment of the landis and annuelrentis pertening to the tak and quheit freiris in Abirdene, quhilkis pertenit of befoir to Maister Williame Leslie of Civildie and wer resignit in the handes of oure said soverane lord be the said Maister Williame for greit sowmes of money payit to him thairfoir, quhilkis thre infeftmentis in all heidis, clauses and circumstances of the samyn oure said soverane lord and his estaitis foirsaidis of certane knawlege ratifies, apprevis and affermes for his hienes and his successouris in all tyme cuming, and findis and declairis that all and sindrie the saidis infeftmentis maid and gevin in maner foirsaid, ar maid for just and reassonable caus, tending to the weill of oure soverane lord his realme and liegis, and thairfoir decernis and ordanis the samyne to stand in full force, strenth and effect in all tyme cuming.

  1. NAS, PA2/14, ff.27v-28v. Back
  2. Written in margin: 'P'. Back
  3. APS corrects this to 'blak'. Back
  4. NAS, PA2/14, f.28v-29r. Back
  5. Written in margin: 'P'. Back
Ratificatioun to the Laird of Barnebarrauche and Maister Piter Young and of thair procedingis in the said mariage, and of thair infeftmentis

Oure soverane lord and estaitis of parliament, acknawlegeing and remembring the ernest favour, guid will and affectioun ever borne to his hienes service be his richt trustie and weilbelovit counsellour Schir Patrik Waus of Barnebarrauche, knicht, ane of the senatouris of the college of justice, and Maister Piter Young of Seytoun, his hienes maister elemosinar and ane of the lordis of his majesties privie counsaill, quha nocht onlie at his hienes desyr travellit and tuik severall jornayis from this realme as his hienes ambassadouris to the realme of Denmark, to witt the said Maister Piter wes directit be his majestie as ambassadour foirsaid in the moneth of Julii, the yeir of God jM vC fourscoir sex yeiris, and siclyk the said Schir Patrik and Maister Piter wer directit in maner foirsaid in the moneth of Maii, the yeir of God jM vC fourscoir sevin yeris, for treating and concluding upoun the heidis of his majesties maist honourable mariage with his hienes darrest and weilbelovit spous Anna, now quene of Scottis, bot also upoun the suddantie at his hienes request tuik woyage and accumpaniet his majestie to the realme of Norroway to the sollempnizatioun of the said mariage in the moneth of October, the yeir of God jM vC fourscoir nyne yeiris, to thair greit travell, chargis and expensis in remaning with his majestie quhill thair returning, quhilk was in the moneth of December the yeir of God foirsaid, that thai wer directit be his majestie to returne within this realme for certane his majesties speciall adois within the same; and thairfoir oure said soverane lord, with avise of the saidis estaitis of this present parliament, hes allowit and, be thir presentis, allowis all thingis done be the said Schir Patrik Waus and Maister Piter Young, as ambassadouris for his hienes in thair said jornayis and thair awaypassing, attendance and accumpaneing of his majestie the tyme of his absence in the said realme of Norroway and returning in maner foirsaid, as maist acceptable, guid and thankfull service done to his hienes and for the weill of his haill realme. And siclyk oure said soverane lord, with avise foirsaid, in pairt of recompans of their said service and expens maid be thame in thair saidis woyages, hes ratifiet and approvin and, be thir presentis, ratifies and apprevis the infeftment, gift and dispositioun grantit be his hienes to the said Schir Patrik Waus of Barnebarrauche, knicht, his aris maill and of talyie, in the moneth of August, the yeir of God jM vC fourscoir ellevin yeiris, off the landis and baronie of Barnebarrauche and all and sindrie utheris landis, baronies, rowmes, possessiones specefiit and contenit in the said infeftment with the castellis, towris, mylnis, multuris, woddis, fischingis, annexis, connexis, tennentis, tennandries and service of frie tennentis, with advocatioun, donatioun and richt of patronage of the kirkis, baith personages and vicarages, of Wigtoun, Kirkynner, Kirkcowell and Colmonell and all thair pertinentis, togidder with the dispositioun, unioun and annexatioun mentionat and expressit in the infeftment foirsaid, ane uthir charter and infeftment grantit be his majestie to the said Schir Patrik and his airis specifiet thairin off his tuentie tua merk land and ane half, to witt Kirrivalk, Kirkeane, Kildarrok and Clutarche, all lyand within the parrochin of Kirkynner and schirefdome of Wigtoun, to be haldin of oure soverane lord and his successouris for payment of the auld few males and dewties usit and wont thairfoir; and als ane pensioun grantit be his majestie to the said Schir Patrik and his aris maill and of tailyie off the sowme of tua hundreth pundis yeirlie to be takin up be him, allowit and defalkit to him of the few males of his saidis landis quhilkis he hes in few off the dait the first day of Junii, the yeir of God jM vC fourscoir tuelf yeiris. And lykwayis oure soverane lord, with avise foirsaid, of certane knawlege, ratifies and apprevis and, for his hienes and his successouris, perpetuallie confermes the act maid in his hienes parliament, the tuentie nynt day of Julii, the yeir of God jM vC fourscoir sevin yeiris, ratifiand and apprevand certane giftis of pensionis, offices and fies thairin contenit grantit to the said Maister Piter Young, his spous and barnis and assignais respective thairin mentionat, togidder with the infeftmentis, charteris, preceptis and instrumentis of sasing grantit to the said Maister Piter, his spous and thair aris thairin contenit off the landis of Eister Seytoun, and schaddow half of Dikmountlaw with the partis, pendicles and pertinentis thairof lyand within the schirefdome of Forfar, and of all that hes followit or may follow thairupoun, togidder also with the gift of pensioun grantit be his hienes to the said Maister Piter, off the males, fermes, proffeittis and dewties of the landis of Westir Seytoun, occupiet be Williame Auchterlony and sonnie half of Dikmountlaw occupiet be Andro Annand, all lyand within the lordschip of Abirbrothok and schirefdome foirsaid, togidder with his hienes promeis maid to the said Maister Piter for warrandice of the saidis giftis, infeftmentis and utheris foirsaidis, and with all decreittis gevin conforme thairto, quhilkis infeftmentis, act of parliament, giftis of pensioun, offices, promises, decreittis and utheris foirsaidis and all that hes followit thairupoun in all heidis, clauses and circumstances of the same, oure said soverane lord and estaitis foirsaidis of certane knawlege ratifies and apprevis and confermis for his hienes and his successouris in tyme cuming; and findis and declaris that all sindrie the saidis infeftmentis, giftis of pensioun, offices and fies contenit thairin, act of parliament ratifeand the samyne and utheris respective foirsaidis maid and gevin in maner foirsaid ar maid for just and reasounable caus tending to the weill of oure soverane lord, his realme and liegis, and thairfoir decernis and ordanis the samyne to stand in full force, strenth and effect in all tyme cuming, and declaris that the samyn nor nane of thane fallis nor sall fall under quhatsumevir his hienes revocatioun maid in this present parliament or at ony tyme preceding the dait heirof. And als oure said soverane lord and his estaitis foirsaidis declaris, statutis and ordanis that the act maid in favouris of the ministrie, the fourtene day of Februar, the yeir of God jM vC fourscoir sevin yeiris, sall nawyis tuiche nor be hurtfull to the said Maister Piter nor his foirsaidis, nor be prejudiciall to thair richtis and tytillis of thair pensionis abonespecefiit and dewties thairin contenit, bot the samyn to stand in the awin strenth, force and effect als largelie as gif the saidis richtis had bene maid and grantit be oure said soverane lord eftir his perfite aige of tuentie fyve yeiris compleit, and declaris the samyn nawyis to cum under the said act, and ordanis the said Maister Piter and his foirsaidis to be answerit and obeyit thairof conforme to thair said gift nochtwithstanding the said act. And for his hienes saidis counsallouris thair better securitie of the premises, oure said soverane lord, with avise foirsaid, hes of new grantit and disponit to his saidis counsallouris the foirsaid haill richtis respective abone mentionat, and ordanis the same to be renewit in the maist ample forme.

  1. NAS, PA2/14, ff.27v-28v. Back
  2. Written in margin: 'P'. Back
  3. APS corrects this to 'blak'. Back
  4. NAS, PA2/14, f.28v-29r. Back
  5. Written in margin: 'P'. Back