Act in favour of the Lady Aiket

Forsamekle as be act of secreit counsaill maid at Edinburgh, the threttene day of August, the yeir of God jM vC fourscoir sex yeiris, it was decernit and ordanit that the places of Robertland and Aikett suld be kepit be Robert, maistir of Eglintoun, and his servandis in his name, during the tyme of the rebellioun of David Cuninghame of Robertland and Alexander Cuninghame of Aikett, and forder quhill his majestie suld declair his expres will in the contrair; and that be the samyn act, for the better keping thairof during the said space, thair wes appointit sex personis to be placeit within the said place of Robertland, and four personis within the said place of Aiket, to be sustenit upoun the reddiest of the levingis of Robertland and Aiket, allowand to everie ane of thame sex pundis monethlie, beginnand the first monethis payment upoun the first day of the said moneth of August and sua forth to continew during the space foirsaid, as the said act of secreit counsaill at mair lenth beris; lyk as in the parliament haldin at Edinburgh, the xxix day of Julii the yeir of God jM vC lxxxvij yeiris thaireftir, be ane speciall act thairof maid and concludit be oure soverane lord and thrie estaitis, thay ratifiit and apprevit the foirsaid act and decreit of secreit counsaill, and all and sindre pointis, articles and clausis contenit thairintill; and decernit and ordanit the samyne to be put to further executioun in all pointis efter the forme and tennour thairof. As alsua his hienes, with advise of the saidis thre estaitis, be the same act off new willit, declarit and ordanis the housis and places foirsaidis to be still retenit and kepit be the said Robert, maistir of Eglintoun, his freindis and servandis, to be sustenit and kepit upoun the expensis of the reddiest of the levingis foirsaidis be the nowmer of personis contenit in the said act of secreit counsaill, allowand to everie ane of thame monethlie the sowme of money mentionat thairintill, and that ay and all the saidis David Cuninghame of Robertland and Alexander Cuninghame of Aiket have abiddin and underlyne the lawis for the crymes foirsaidis, nochtwithstanding of quhatsumever relaxatioun gif ony salhappin to be procurit in the meantyme, or ony gift of escheit of lyfrent of the personis foirsaidis, or uther richt grantit to quhatsumevir persoun or personis in the contrair as in the said act of parliament, at mair lenth is contenit; quhilk act of secreit counsaill and parliament contenis ane unaccustumat noveltie far abone the panis prescrivit in sic caicess be the commoun law of the cuntrie and hes nocht tane the effect that wes luikit for, bot be the contrair hes bene the occasioun of the distructioun of the policie of the said place of Aiket, housis, yardis, orcheardis and utheris growand treis thairabout, sua that the samyne hes bene this lang tyme bygane ruinous and laid waist, but dur, windo, lok, ruif, or but ony kepair or custudie thairinto, and yit the dewties prescryvit be the saidis actis to the keparis hes bene maist rigorouslie exactit everie moneth, and yit is to the greit wrak of the puir tennentis duelland thairupoun, quha ar nocht addettit in samekle yeirlie ferme or maill as is extortionat be thame and of the conjunct fearis and lady tercearis thairupoun, quha be the saidis actis alluterlie ar defraudit of thair saidis males and dewties under pretence of the saidis actis, quhairof thay alleage the executioun suld be preferrit absolutelie to all uther richtis of ony uther personis to have the full effect, and sua, under cullour of the saidis actis, manifest wrangis ar committit, the policie of the cuntrie distroyit and ane cullour gevin to evill affectionat personis to wrak innocent men, and to tak up ane greit leving be thame for causis that hes nocht followit and is now unhable to follow heireftir in respect of the present estait of the saidis places; thairfoir his majestie, with advise of the estaitis of this present parliament, hes dischargit and be the tennour heirof dischargis the said Robert, maistir of Eglintoun, his servandis and doaris in his name off all forder detentioun and keping of the place of Aiket, or uplifting of ony of the saidis dewties appointit for keping thairof in the said act of secreit counsaill and act of parliament, and haill effect and strenth of baith the saidis actis to ceise in all tyme cuming as gif the samyne haid nevir bene maid in safar as the samyne extendis, or may be extendit, to the said place of Aikett and uplifting of ony dewties and rentis of the lands and leving of Aikett allanerlie; and declaris that it salbe lesum to Dorathie Ross, lady Aikett, to intromettwith, uplift and uptak the haill males, fermes and dewties of the saidis landis and leving of Aikett, quhilkis ar yit in the tennentis handis unintromettitwith or upliftit be the said Robert, maistir of Eglintoun, his servandis and doaris, to be disponit upoun be the said lady as scho sall think expedient in tyme cuming, with speciall provisioun that the said Dorathie Ross, lady Aickett, befoir the extracting of this act, grant and subscryve sufficient dischargis to Robert, maistir of Eglintoun, his cautionaris, assistaris and partakaris, of thair intromissioun with the said place of Aiket, rentis and dewties thairof quhatsumevir intromettit with be the said Robert, maistir of Eglintoun, or ony utheris in his name, and of all his procedingis at ony thyme thairintill, preceding the dait heirof; and als find sufficient cautioun actit in the buikis of counsaill under the pane of fyve thowsand markis money that hir said spous nor na utheris personis committaris of the slauchter of the said umquhile erll of Eglintoun salbe ressett within the said place during the tyme of thair rebellioun and lying under the proces of horne for the samyn slauchter.

  1. NAS, PA2/14, ff.60r-v. Back
  2. Written in margin: 'P'. Back