[1600/11/7]*[print] [email] [cite] [preceding] [following]
Parliamentum excellentissimi principis Jacobi sexti Scotorum regis illustrissimi tentum apud Edinburgh decimo quinto die mensis Novembris anno Domini millesimo sexcentesimo per dictum supremum dominum nostrum regem ipso presente, cum omnibus regni statibus, unacum Francisco comite Arrolie constabulario, Georgio comite Mariscalli, Daniele Grahame deputato vicecomitis, et Davide Lyndesay adjudicatore.
[1600/11/8]*[print] [email] [cite] [preceding] [following]
†The quhilk day Maister Thomas Hammyltoun of Drumcarne, advocat to oure soverane lord, producit in presens of the kingis majestie and haill estatis of parliament, lyk as he did diverse [tymes]† of befor, ane summondis of treassoun rasit and persewit be oure said soverane lord and his hienes advocat and justice aganis Williame Ruthven, brother and apperant air to umquhile Johne, erle of Gowrie and Maister Alexander Ruthven, his brother, and his tutouris and curatouris, gif he any hes, and all utheris haveand or pretendand to have interes in the mater of treassoun underwrittin, to have ansuerit to the pointis of the said summondis and to the crymes of treassoun and lesemajestie contenit thairintill; and siclyk the said advocat producit in presens of the kingis majestie and estaitis summondis rasit be thame aganis Alexander and Harie Ruthvenis, sonnes to umquhile Alexander Ruthven of Freland, Patrick Eviot, brother to Colene Eviott of Balhoussie, and Hew Moncreif, brother to Williame Moncreif of that Ilk, to have lykewayes ansuerit to the pointis of ane uther summondis of treassone anent the interprysing of the slauchter of oure soverane lord at Perth upoun the fyft day of August list bipast; the quhilkis tua summondis, ressones and causes thairin contenit, being first red in presens of the kingis majestie and in presens of the lordis of articles, they fand baith the samyn summondis relevant; and thaireftir this instant day, baith the saidis sumondis of treassoun being red in presens of the kingis majestie and haill estaittis and the said Williame Ruthven, his tutouris and curatouris and all utheris haveand or pretendand to have enteres, the saidis Alexander and Harie Ruthvenis, Patrick Eviott and Hew Moncreif being thryse callit at the tolbuth window and nane of thame comperand, the saidis haill estaittis fand baith the saidis summondis, ressones and causes thairin contenit relevant and thairfoir they admittit the samyn to the said advocattis probatioun.
And immediatlie thaireftir the said Maister Thomas Hammyltoun of Drumcarne, advocat to oure soverane, for preving of the pointis of baith the saidis summondis of treassoun, producit the lettre of horning dewlie execute and indorsat aganis the saidis Alexander and Harie Ruthvenis, Hew Moncreif and Patrik Eviott, and that they were denuncit rebellis and put to the horne for the crymes of treassoun thairin contenit, and repetit the haill depositionis of the witnesses examinat befoir the lordis of articlis and the depositionis of umquhile Maister Thomas Cranstoun and George Craigingelt, and thair executioun to the death for the foirsaid cryme of treassoune; and last, the said advocat repetit the nochtorietie of the dead of the said treassoun, togidder with the haill circumstances of the said mater, and renuncit forder probatioun for proving of the pointtis of baith the saidis summondis of treassoun and desyrit the said proces to be advysit; and thairupoun the said advocat askit instrumentis.
The quhilk day the said Maister Thomas Hammyltoun of Drumcarne, advocat to oure soverane lord, eftir that he had repetit and producit all his probationis to the saidis haill estaitis quhilkis he wald use for preving of the pointis of the saidis summondis of treassoun rasit and persewit at the instance of oure said soverane lord and his hienes justice aganis the said Williame Ruthven, brother and apperant air to the said umquhile Johne, erle of Gowrie and Alexander Ruthven, his brother, his tutouris and curatouris and all utheris haveand or pretendand to have interes in the mater of treassoun underwrittin, quhairby they wer summond to have comperit befoir oure said soverane lord and his estaitis of parliament at ane certane day bigane, with continewatioun of dayes, to have ansuerit to the pointis and crymes of treassoun and lesemajestie contenit in the said summondis; off the quhilk summondis the tennour followes:
Jacobus Dei gratia rex Scotorum dilectis nostris Leoni regi armorum Merchemount, Ilay Ross Rothesay Albanie et Snawdoun heraldis, Roberto Stewart Davidi Brysoun Alexandro Dowglas et Jacobo Chalmeris clavigeris, Ormount Bute Unicorne Carrik signiferis, nunciis, ac eorum cuilibet coniunctim et diuisim vicecomitibus nostris in hac parte salutem. Mandamus vobis et precipimus quatenus summoneatis legitime et peremptorie coram testibus Willielmum Ruthven fratrem et heredem apparentem vel successorem quondam Joannis Comitis de Gowrie et quondam Magistri Alexandri Ruthven sui fratris, personaliter si eius personalem presentiam commode habere poteritis alioquin apud locum sue habitationis, si vero extra regnum nostrum fuerit, quod summoneatis dictum Willielmum Ruthven et omnes et singulos eius tutores et curatores si quos habet pro suo interesse, necnon omnes et singulos alios interesse habentes seu pretendentes per publicam proclamationem apud cruces forales burgorum nostrorum de Edinburgh Hadingtoun Perth aliaque loca necessaria super premonitione sexaginta dierum, ita quod huiusmodi summonitio ad eorum aures et notitiam veresimiliter peruenire poterit, ad comparendum coram nobis nostroue justiciario quarto die mensis Novembris proxime futuri hora causarum cum continuatione dierum in parliamento nostro tenendo apud Edinburgh prime die dicti mensis Novembris sequentis, ad respondendum nobis seu nostro justiciario in prefato parliamento, ad videndum atque audiendum per nos et trium regni nostri statuum decretum et sententiam decerni dictos quondam Joannem comitem de Gowrie et quondam magistrum Alexandrum Ruthven eius fratrem crimen lesemaiestatis in ipsorum vita commisisse, propterea quod omni dei metu principis respectu et legum reiecta reverentia, nostrorumque immemores beneficiorum qui ob paterna crimina maiestatis damnatos ab exilio infamia et egestate reductos ad summas opes summosque honores ereximus, ingens tamen in nos prodentes odium, incredibilemque nostram beneuolentiam incredibili atque inaudita ingratitudine compensantes, in mense Julio proxime preterito et initio Augusti instantis proditionem nostram pernitiem et necem conspirarunt, quoque scelerata et nefaria consilia facilius exequerentur, dictus quondam Joannes comes de Gowrie quinto die Augusti instantis dictum quondam magistrum Alexandrum Ruthven fratrem suum Falcolandiam summo mane misit, vt nobis persuaderet, se inscio dicto comite fratre suo ingentem auri vim ab obscuro homine quodam repertam detexisse, ac thesaurum ipsum repertoremque eius clam omnibus artissime mandasse custodie donec omnia pro nostro jure nobis declararet sperare autem nos talis sui erga nos officii memores et auri portione et omni alio fauore se remuneraturos, expedire vero ad vitandum suspitionem, vt sine vllo comitatu, prohibita sequi domesticorum solita turba, Pertham secum proficisceremur quo in suam nos potestatem ex animi sententia redactos minori negotio trucidarent, cuiusquidem tragedie mandatas sibi partes dictus quondam magister Alexander incredibili calliditate et confidentia agens suavissima oratione vultuque ac verbis benevolentiam reverentiam fidem humillimumque erga nos obsequium respondentibus, quod cupit facile persuadet, nosque nihil vel fraudis vel periculi subesse suspicantes paucissimis iisque inermibus comitati serius inparati ducentem insidias, sicuti Pertham contendimus; comes interim nos adventare stipatoribus armis aliisque omnibus ad defensionem necessariis destitutos primo per Andream Hendersoun, secundo per Andream Ruthven per dictum Magistrum Alexandrum premissos monitus, ac postremo per ipsum Magistrum Alexandrum certior factus et exsecrandam coniurationem callidissime dissimulans, obuiam nobis extra vrbem progressus, intra menia et edes suas detestando facinori destinatas perfide deduxit, ibique dum prandii specie aliquandiu donec omnia ad cedem necessaria pararentur detinet in secretius cubiculum, cum dicto quondam magistro Alexandro fratre suo et dicto Andrea Hendersoun, quem lorica et galea armare se jusserat, ingressus dicto Andree imperat vt quicquid dictus magister Alexander juberet strenue exequeretur, ipsumque Andream quid imperare vellet curiosius sciscitantem obserato ostio donec ipsi ad perpetrandum facinus redirent reliquit, ac rebus ita dispositis dictus quondam Magister Alexander ad dictum cubiculum, magnifica se ibi promissa perfecturum affirmans nos facile attrahit, vero comes quo omnem omnino opem, auxilii spem nobis in tanto discrimine eriperet, rumorem de nostro per posticum subito decessu per certos familiarium suorum spargens eumque dictus comes et Magister Thomas Cranstoun eius seruus verum esse charissimis consanguineis nostris Ludouico Lennoxie duci et Joani Marrie comite paucisque aliis domesticis nostris qui forte aderant impudenter assevorantes, vt comites nostri ita decepti citatis equis ex vrbe prorumpentes Falcolandiam, quo nos contendere dictus comes affirmabat celerrime sequi niterentur, dictus interim quondam Magister Alexander multis a tergo obseratis ostiis ad illud tandem conclave in quo dictum Andream Hendersoun armatum vt diximus in insidiis locaverat, nos perduxit scelestissimoque perpetrando facinori; tunc advenisse tempus ratus, tecto capite in nos proditorie irruit, ac sevissimis prosequutus conviciis presentem mortem admoto ad jugulum nostrum pugione minatus est; nos vero et resistere quantum inermibus licuit, et persuadere nitentes vt a seuo detestando et proditorio scelere, sine vlla justa causa aut vllius boni futuri spe suscepto desisteret, et ad saniora consilia rediret, promissa etiam attemptate proditionis si recipisceret venia, rapidum perditissimi hominis furorem paulatim ita retudimus vt se comitem quid de nobis statuere vellet consulturum responderet, et in dicto cubiculo captiuos nos obserato post se ostio relinquens moxque rediens, moriendum instanter nobis esse pronunciauit, ac coligari manus nostras quo vinctum facilius interficeret, vocato ad auxilium suum dicto Andrea Hendersoun conatus quum mori potius quam talem ferre ignominiam paratos nos et strenue resistentes cerneret, ensem stringere, nosque eo conficere proditorie parans, nos nullis armis, nullis comitibus sed sola dei omnipotentis anime fulti, fortiter resistere cepimus, et manus illius firmiter retinentes post diuturnam luctam cubiculi fenestram que precipuam Parthie plateam respicit, eo invito apperuimus et ditctos nostros fidos consanguineos Ludouicum Lennoxie ducem Joannem Marrie comitem, qui ibi forte equos suos vt nos consequerentur expectabant, cernentes ad auxilium aduersus horrendam proditionem et vim vite nostre allatam vocavimus, cumque illi de nostra magis quam sua salute solliciti in neglecto discrimine celerrime procurrerent, pervenire tamen ad dictum cubiculum, tot ostiis per dictum Magistrum Alexandrum de industria occlusis nequiverunt, donec mira dei omnipotentis misericordia, fidelissimus nobis adolescens ac familiaris seruus Joannes Ramsay alio aditu forte ascendens dicti cubiculi ostium aliud, quo dictus Andreas Hendersoun horrore suscepti facinoris territus profugerat apertum reperiens ingressus ac vite nostre a dicto quondam Magistro Alexandro vim intentam cernens opera strenuissime tulit et aliquot vulneribus dicto Magistro Alexandro inflictis nobis juuantibus cubiculo ejecit, dictus autem quondam Joannes comes de Gowrie, dum paucos qui forte aderant domesticos nostros auxilium nobis ferre parantes perspicit, omni tandem reiecta dissim ulatione deliberatum facinus propriis manibus perpetrare nobisque presentem mortem inferre decrevit, atque duobus strictis ensibus ipse armatus et centum aut eo circa stipatus consciis, qui gladiis lanceis aliisque armis omnes muniti erant, a via in aream edificiorum suorum irrumpens, recta ad cubiculum in quo inclusos nos esse noverat properauit, dictumque Joannem Ramsay, dominum Thomam Erskeyne et Hugonem Heres medicum expertem omnes erga nos fideles seruos, qui forte accurrerent vitam suam pro nostra salute profundere et aditu dicti cubiculi in quo tunc eramus, dictumque quondam comitem prohibere nitentes proditorie invadens dicto magistro Thoma Cranstoun Hugone Moncreif Alexandro et Henrico Ruthvenis Patricio Eviott multisque aliis domesticis et consanguineis suis stipatus ferociter repulit, et dictum cubiculum in quo nobilissima sacratissimaque persona nostra tunc fuerat dictis nostris fidelibus seruis propugnantibus summo impetu repulsis et vi ingressus, ac nos ad cedem immanissime ac proditorie persequens dictos nostros fidelissimos seruos multis vulneribus saucios fere oppressit, nec aliter a detestande proditionis feroci ac pertinaci executione destitit quam a dictis nostris fidelissimis seruitoribus confossus cecidit, priusquam immanis anima corporis sedem qua detestande nefarie et horrende proditionis consilium et executionem deseruit, hincque dicti quondam Joannes Comes de Gowrie et quondam Magister Alexander Ruthven eius frater crimen proditionis et lesemajestatis commisserunt contra nos regalemque nostram authoritatem et in apertam legum omnium violationem; et propterea dictus Willielmus Ruthven frater et heres apparens vel successor dictorum quondam Joannis comitis de Gowrie et quondam Magistri Alexanderi sui fratris omnesque tutores et curatores dicti Willielmi si quos habet pro suo interesse omnesque alii interesse habentes seu pretendentes, ad videndum et audiendum per nos et trium regni nostri statuum in parliamento decretum decerni quod dicti quondam Joannes comes de Gowrie et quondam Magister Alexander Ruthven eius frater crimina lesemaiestatis et proditionis prescripta in sua vita commisserunt; ideoque nomen, memoriam et dignitatem dictorum quondam Joannis comitis de Gowrie et quondam Magistri Alexandri Ruthven sui fratris extinctum esse et fore decerni, armaque et insignia sua de libro armorum et nobilitatis deleri ac cancellari, itaque ipsorum posteri ab officiis honoribus dignitatibus successionibus possessionibus bonisque omnibus mobilibus et immobilibus juribus titulis spe successionis et aliis quibuscunque in hoc nostro regno gaudendi et possidendi seu vllo modo clamandi, sint inhabiles et incapaces dehinc imperpetuum, atque omnia bona terras redditus, officia beneficia honores dignitates successiones et successionum spem omnem et apparentiam jura titulos possessiones aliaque jura et bona mobilia et immobilia et alia quecumque ad dictos quondam Joannem comitem de Gowrie et Magistrum Alexandrum Ruthven eius fratrem spectabant aut vllo jure titulo successionis spe possessione aut alioquouis modo spectare vel pertinere poterant confiscari in nos devolui ad nos pertinere et nobiscum deinceps in proprietate perpetuo remanere; intimando dicto Willielmo Ruthven heredi apparenti aut successori antedicti dictisque tutoribus et curatoribus suis si quos habet aliisque omnibus interesse habententibus vel habere pretendibus, siue compareant siue non, dictis die et loco cum continuatione dierum, nos et justiciarius noster nihilominus justicia mediante procedemus et procedet. Insuper citetis Magistrum Joannem Moncreif advocatum Alexandrum Blair juniorem de Balthiok Georgium Hay de Nethertoun priorem de Charterhous Robertum Graham de Thornik Joannem Grahame de Balgoun Andream Hay ballium de Perth Alexandrum Peblis burgensem ibidem Joannem Murray de Arbeny Willielmum Robertsoun notarium in Perth Gilbertum Richardsoun ibidem Willielmum Ryndd ibidem Davidem Ryndd ibidem Joannem Rentoull ibidem Georgium Forrest ibidem Thomas Burrell ibidem Henricm Leyis ibidem et Robertum Crystie janitorem quondam comitis de Gowrie Ludouicum Lennoxie ducem Joannem comitem Marrie Patricium comendatarium de Lundoris Joannem Grahame de Vrquhill dominum Thomam Erskene de Gogar dominum Joannem Ramsay dominum Hugonem Heres milites Robertum Galbraith Robertum Broun Jacobum Boig Jacobum Liddell et Joannem Boig in lie aill cellar, Magistrum Petrum Hay, ad comparendum coram nobis nostroue justiciario dictis die loco cum continuatione dierum ad perhibendum fidele testimonium in causa predicta sub pena legis, et presentes litteras debite executas et indorsatas latori earundem reddatis. Et vos qui presentes executi fueritis sitis ibidem dictis die et loco coram nobis vel dicto nostro justiciario, portantes vobiscum summonitionis vestre testimonium in scriptis pro premissis seu ipsos testes. Ad quod faciendum vobis et vestrum cuilibet coniunctim et diuisim vicecomitibus nostris in hac parte committimus potestatem. Datum sub testimonio nostri magni sigilli, apud Edinburgh vicesimo sexto die mensis Augusti anno Domini millesimo sexcentesimo et regni nostri anno tricesimo quarto.
Followis the executionis of the foirsaid summondis upoun the xxviij day of August, the yeir of God jM and sex hundreth yeiris: I, Johne Blinschell, Ilay herauld, ane of the schireffis in that pairt within constitute, past at command of thir oure soverane lordis lettres and summondis of treassoun to the duelling hous of Alexander Adamesoun in Edinburgh, in umquhile Maister Thomas McCalyeans close, quhair Williame Ruthven, brother and apperant air or successour to umquhile Johne, erle of Gowrie, and umquhile Maister Alexander Ruthven, his brother, maid residence, and lykwayes to the castell of Dirltowne, quhair the said Williame resortit and maid sumtyme residence with Dame Dorathie Stewart, countes of Gowrie, his mother, becaus I culd nocht apprehend him personalie; and at everie ane of the saidis duelling houses respective, with my displayit coitt of armes and sound of trumpett, eftir I had knokit sex severall knokis at everie ane of the saidis duelling houses respective, be vertew of the saidis lettres in his hienes name and authoritie, I summond, warnit and chargit the said Williame Ruthven, brother and apperant air and successour foirsaid, and his tutouris and curatouris, gif he ony had, for thair entres, to compeir befoir oure soverane lord and his justice at Edinburgh upoun the fourt day of November nixttocum in the hour of cause, with continewatioun of dayes, in the parliament to be begun and haldin be oure said soverane lord and thrie estaitis of this realme at Edinburgh upoun the first day of November nixttocum, with continewatioun of dayes, to ansuer to oure soverane lord and his justice in the said parliament and to heir and sie it be fundin, declarit and decernit be decrete of oure said soverane lord and thrie estatis of parliament that the saidis umquhile John, erle of Gowrie and umquhile Maister Alexander Ruthven, his brother, committit in thair lyfetymes the crymes of treassoun within libellit; and yairfoir, the said William Ruthven, brother and apperant air and successour foirsaid, and his tutouris and curatouris, gif he ony hes, for thair enterese, to heir and sie it fundin and decernit be decrete of parliament the name, memorie and dignitie of the said umquhile Johne, erle of Gowrie and umquhile Maister Alexander Ruthven, his brother, to be abolischeit and extinguischeit and thair armes delete and cancellat furth of the buikis of nobilitie and armes sua that thair posteritie sall be secludit and declarit unworthie and incapabill of all offices, honouris, digniteis, successionis, possessionis, gudis and geir moveabill and immoveable, richtis, titillis, hop and apperance of successioun and utheris richtis quhatsumevir within this realme and altogidder unhabill to bruik, injoy or posses the samin or ony of thame in ony tyme cumming; and all thair gudis, landis, rentis, offices, benefices, honouris, digniteis, successionis and hoip and apperance of successionis, richtis, titillis, possessionis and utheris richtis, gudis and geir moveable or immoveabill and utheris quhatsumevir quhilkis belangit to the saidis umquhile Johne, erle of Gowrie or umquhile Maister Alexander Ruthven, his brother, or ony wayes micht have pertenit to thame, to be escheat and confiscat to oure said soverane lord, devolvit in his hienes persone and to apperteine to his hienes and remane in propirtie with him for evir, with certificatioun as is within contenit, conforme to the tennoure of the said summond in all pointis. †Quhaireof I affixit ane authentick copie at everie ane of the saidis duelling places respective eftir I had knokit sex knokis thairat, as said is, befoir witness Williame Ramsay, ane of his majesteis trumpetoris, Robert Elder, messinger in Edinburgh, Thomas Wallis and Williame Baxster, postis in Edinburgh, with utheris diverse; and for the mair verficatioun of the premise to this my executioun, subscryvit with my, hand my signet is affixit. Sic subscribitur, Johne Blinsell, Ilay herauld. Upoun the xxviij day of August the yeir of God jM and sex hundreth yeiris, I, the said Johne Blinsell, Ilay herauld, ane of the schireffis in that pairt within constitute, past at command of thir our soverane lordis lettres to the mercat croces of Edinburgh, Hadington and schoir and peir of Leyth respective, heid burrowes of the schyres quhair the said Williame Ruthven, brother and apperant air and successour foirsaid, maid his residence; and lykwayes, upoun the penult day of August and yeir of God foirsaid, I, the said Johne Blinsell, past at command foirsaid to the mercat croces of Perth, Scone and Kinroschyre respective, heid burrowes of the schyres quhair the said umquhile Johne, erle of Gowrie and umquhile Maister Alexander Ruthven, his brother, maid thair residence in thair lyfetymes, and at everie ane of the saidis mercat croces respective, with displayit coit of armes and sound of trumpit, at command of the saidis lettres, be oppin proclamation thairof, lauchfullie and peremptourlie summond, warnit and chargit the said Williame Ruthven, brother and apperant air and successour to the said umquhile Johne, erle of Gowrie and umquhile Maister Alexander Ruthven, his brother, and the said Williames tutouris and curatouris, gif he ony had, and all utheris haveand or pretendand to have interes in the actioun of treassoun and foirfaltour underwrittin, upoun the premonitioun of threscoir dayes warning becaus the said Williame wes suspect to be furth of the cuntrey, to compeir befoir oure soverane lord and his justice at Edinburgh upoun the fourt day of November nixtocum, in the hour of caus, with continewatioun of dayes, in the parliament to be begun and haldin be oure said soverane lord and thrie estaitis of his realme at Edinburgh upoun the first day of November nixtocum, with continewatioun of dayes, to ansuer to oure said soverane lord and his justice in the said parliament and to heir and sie it fundin, declarit and decernit be decrete of oure said soverane lord and thrie estaitis of parliament that the saidis umquhile Johne, erle of Gowrie and umquhile Maister Alexander Ruthven, his brother, committit in thair lyfetymes the crymes of treassoun within libellit; and thairfoir, the said Williame Ruthven, brother and apperant air and successour foirsaid, and his tutouris and curatouris, gif he ony hes, for thair enteres, to heir and sie it be fundin and declarit be decrete of parliament the name, memorie and dignitie of the said umquhile Jahne, erle of Gowrie and umquhile Maister Alexander Ruthven, his brother, to be aboleischit and extinguischit, and thair armes to be deleit and cancellat furt of the buikis of nobilitie and armes sua that thair posteritie sall be secludit and declarit unworthie and incapabill of all offices, honouris, digniteis, successionis, possessionis, gudis and geir movable and immoveable, richtis, titillis, hope and apperance of successioun and utheris richtis quhatsumevir within this realme, and altogidder unhabill to bruik, injoy or posses the samyn or ony of thame in ony tyme cumming and apperance of successioun and utheris richtis quhatsumevir and all thair gudis, landis, rentis, offices, benefices, honouris, digniteis, successionis and hoip and apperance of successioun, richtis, titillis and possessionis and utheris richtis and gudis and geir moveabill or immoveable, and utheris quhatsumevir quhilkis belangit to the said umquhile Johne, erle of Gowrie or umquhile Maister Alexander Ruthven, his brother, or onywayes micht have pertenit to thame, to be escheat and confiscat to oure said soverane lord, devolvit in his hienes persoun and to pertene to his hienes and remane with him in propirtie for evir, with certificatioun as is within contenit conforme to the tennoure of the saidis lettres in all pointis; quhairof I affixit ane authentik copie upoun every ane of the saidis marcat croces, schore and peir of Leyth respective, befoir thir witnesses respective, Williame Ramsay, ane of his majesties trumpetoris, Williame Forsyth and Robert Eldar, messingeris, Thomas Wallis and Williame Baxster, postis, witnesses to my executiones at the mercat croce of Edinburgh, schore and peir of Leyth and marcat croce of Hadingtoun respective; and the said Williame Ramsay, trumpetour, Robert Gray and Johne Elder, messingeris, Thomas Wallis and David Young, postis in Edinburgh, witnesses to my executionis in Perth, Scone and Kinroschire with utheris diverse. And for the mair verificatioun to this my executioun, subscryvit with my hand, my signet is affixit. Sic subscribitur, Johne Blinsell, with my hand.
The quhilk summondis, with the executionis and indorsationis thairof respective foirsaidis, being this instant day red in presens of his majestie and haill estatis of parliament, first in Latine and thairefter in Scottis, and the said Williame Ruthven, his tutouris and curatouris and all utheris haveand or pretendand to have enteres, being oft tymes callit of new at the tolbuth window of the said burgh of Edinburgh to have comperit and ansuerit to the said summondis and ressones contenit thairin, and he nocht comperand to have defendit in the said mater and to have answerit to the said summondis, the said Maister Thomas Hammiltoun of Drumcarne, advocat to oure soverane lord, desyrit the saidis estaitis declaratioun giff the ressoun of the said summondis wes relevant aganis the said Williame Ruthven; quhilkis estaitis, all in ane voce, fand the samin relevant aganis the said Williame. Thairfoir, the said advocat of new, for verefeing of the said ressoun contenit in the said summond of treassoun, producit and repetit the saidis lettre of horning execute and registrat aganis the said Williame Ruthven, the haill depositionis of the witnesses examinat befoir the lordis of articlis, with the depositionis of the saidis umquhile Maister Thomas Cranstoun and George Craigingelt, thair excutiounis to the death for the samin crymes, the nochtorietie of the said fact of treassoun and haill circumstances of the said mater, and als repetit the haill uther probatiounis repetit be him of befoir in the said mater this instant day and desyrit the saidis estaitis of parliament to advyse the probationes foirsaidis led and deducit in the said mater and to pronunce thair sentence of parliament thairintill according to the samin probationes and thair consciences. And thaireftir the haill wryttis and probationes being red, sene and considerit be the haill estaitis of parliament in presens of the kingis majestie and they thairwith being ryplie advysit, the saidis lordis and estaitis of parliament findis, decernis and declaris that the saidis umquhile Johne, erle of Gowrie and Maister Alexander Ruthven, his bother, committit and did oppin and manefast treassoun aganis oure said soverane lord in all pointis, articles and maner contenit in the said summondis; and thairfoir it wes gevin for dome be the mouth of David Lyndesay, dempster of parliament, in maner and forme as followes: This court of parliament schawes for law that the saidis umquhile Johne, erle of Gowrie and umquhile Maister Alexander Ruthven, his brother, committit the foirsaid cryme of treassoun and lesemajestie in thair lyfetymes aganis oure soverane lord and his authorities royall in maner at lenth contenit in the said summondis, and thairfoir decernis and declaris the name, memorie and dignitie of the said umquhile Johne, erle of Gowrie and umquhile Maister Alexander Ruthven, his brother, to be extinguischit and thair armes to be cancellat and delete furth of the buikis of armes and nobilitie sua that thair posteritie sall be unhabill and incapabill in all tyme cumming to bruik, poises or injoy ony offices, honouris, digniteis, successionis, possessionis and all gudis moveable and immoveable, richtis, titillis, hope of successioun and utheris quhatsumevir within this realme; and all gudis, landis, rentis, offices, benefices, honouris, digniteis, hope and apperance of successioun, richtis, titillis, possessionis and utheris gudis and geir moveable and immoveable, and utheris quhatsumevir quhilkis onywayes pertenit to the saidis umquhile Johne, erle of Gowrie and umquhile Maister Alexander Ruthven, his brother, or quhilkis be ony richt, titill, hoip of successioun, possessioun or ony uther maner of way micht have belangit and pertenit to thame, to be confiscat, devolvit in oure soverane lord and to appertene to his hienes and in all tyme comming remane in propirtie with his majestie for evir. And forder, his majestie and estaitis foirsaidis, in detestatioun of the said horribill, unnaturall and vyill treassoun attemptit be the saidis umquhile Johne, sumtyme erle of Gowrie and umquhile Maister Alexander Ruthven aganis his hienes awin lyfe, decernis, statutis and ordanis that the dead bodeis of the saidis treatouris sall be caryit upoun Monday nixt to the marcat croce of Edinburgh, and thair to be hangit, quarterit and drawin in presens of the haill peopill, and thaireftir the heidis and quarteris of thair carcages to be affixit upoun the maist patent pairtis and places of the burrowis of Edinburgh, Perth, Dunde and Striviling. And this I give for dome.
The quhilk day the said Maister Thomas Hammyltoun [of] Drumcarne, advocat to oure soverane lord, eftir that he had repetit and producit all his probationis to the saidis haill estaitis quhilkis he wald use for preving of the foirsaid summondis of tressoun, rasit and persewit at the instance of oure said soverane lord and his hienes justice aganis the saidis Alexander and Harie Ruthvenis, sonnes to umquhile Alexander Ruthven of Freland, Patrik Eviott and Hew Moncreif, quhairby they wer summond to have compeirit befoir oure said soverane lord and his estaitis of parliament at ane certane day bigane, with continewatioun of dayes, to have ansuerit to the pointis and crymes of tressoun and lesemajestie contenit in the said summondis, off the quhilk summondis the tennour followis:
Jacobus Dei gratia rex Scotorum dilectis nostris Leoni regi armorum Ilay Albaniie Ross Rothosay Snawdoun Merchemount heraldis, Roberto Stewart Dauidi Brysoun Alexandro Douglas Jacobo Chalmeris clavigeris, Ormound Bute Unicorne Carrik signiferis, nunciis et eorum cuilibet coniunctim et diuisim vicecomitibus nostris in hac parte salutem. Mandamus vobis et precipimus quatenus summoneatis legittime et peremptorie coram testibus Alexandrum Ruthven et Henricum Ruthven filios legitimos quondam Alexandri Ruthven de Freland Hugonem Moncreif fratrem Willielmi Moncreif de eodem Patricium Eviott fratrem Colini Evoit de Balhoussie, conspiratores perpetratores et celatores criminum lesemaiestatis subsequentium, personaliter si eorum personales presentias habere poteritis alioquin apud loca suarum habitationum et per publicam proclamationem apud cruces forales burgorum nostrorum de Edinburgh Perth Hadingtoun aliaque loca necessaria degentes autem vel existentes extra regnum nostrum seu certum nullum domicilium habentes apud dictas cruces forales aliaque loca necessaria super premonitione sexaginta dierum, ita vt huiusmodi summonitio ad eorum aures et notitiam veresimiliter peruenire poterit, quod compareant coram nobis seu justiciario nostro quarto die mensis Novembris proxime futuri, in nostro parliamento apud Edinburgh primo die dicti mensis tenendo hora causarum cum continuatione dierum, ad respondendum nobis nostrove justiciario in prefato parliamento super proditoriis criminibus subsequentibus; dictas viz personas et eorum quemlibet pro sua proditoria arte, parte consilio et auxilio, nefaria et exsecranda conspiratione consultatione conclusione et perpetratione horrende seuissimeque proditionis contra nobilissimam et sacratissimam nostram personam et vitam per dictas personas et quondam Joannen comitem de Gowrie quondam magistrum Alexandrum Ruthvene eius fratrem, quondam Magistum Thomam Cranstoun et Georgium Cragingelt eius servos, aliosque suos complices ipsorum nomine, ex sua causatione mandato assistentia et ratihabitione quinto die Augusti instantis modo subsequenti commisse et perpetrate cum enim dictus quondam Johannes comes de Gowrie et dictus quondam magister Alexander Ruthven eius frater eximia nostra beneuolentia innumerisque cumulati beneficiis inaudita atque incredibili ingratitudine in nostram perniciem coniurassent dictusque comes dictum quondam fratrem Falcolandiam ad nos dicto quinto die Augusti misisset vt eximii commodi obiecta nobis spe Pertham nos alliceret, additis ei Andrea Hendersoun et Andrea Ruthven itineris sociis qui dicti magistri Alexandri jussu de nostro sibi responso celerrime monerent, dictusque quondam Magister Alexander susceptas in se tragedie partes tam callide et simulate egisset vt nos omni prorsus suspicione vacuos facile in suam sententiam pertraxerat, et solita comitum turba, seque prohibita Pertham secum deduxerat, premisso interim dicto Andrea Hendersoun qui nos adventare premoneret; comes vero dicto Andree lorica galeo gladio armare sese jusso Andree Ruthven adventum expectat, atque ab eo etiam adventare nos certior factus, nec vultu tamen nec verbis se tali quicquam scire pre se ferens, more solito prouidere incipit; ac tandem per ipsum magistrum Alexandrum nos apud portam vrbis adesse monitus obuiam procedit et in edes suas proditorii facinoris destinatas ducens prandii specie aliquandiu detinet, donec dictum Andream Hendersoun cum dicto quondam fratre in secretius cubiculum vocat, ibique dicto Andree imperat vt quicquid dictus magister Alexander juberet sedulo exseqeretur, et repente ad nos reversus paucos familiarios qui nos sequuti erant primo ad prandium mox eo finito ad hortum ab ea edificii parte remotum eo consilio invitat, vt nullis arbitris dictus quondam magister Alexander qui prestare que promiserat se velle simulans ad dictum cubiculum nomine familiarium nostrorum conscio nos attraxerat securius sine strepitu vllo vlloue impedimento nos conficere posset, cumque dictus comes quo omnem prorsus auxilii spem nobis eriperet falsum rumorem per quondam Magistrum Thomam Cranstoun seruum suum de nostro subito decessu sparsisset nostrique omnes familiares ipso quoque comite adhibito jureiurando id affirmante verum esse credentes in viam precipites prorumperent vt concensis equis citato nos cursu Falcolandiam sequerentur, dictus interim Magister Alexander omnia pro voto successisse, tempusque perpetrando facinori advenisse ratus multis post se obseratis ostiis ad dicti cubiculi conclave nos ducens dicto Andrea Hendersoun armato proditorie in nos irruit fedissimis et falsissimis proscindens conviciis, admoto ad jugulum nostrum pugione, presentem necem minatus est; nos vero comitibus armis omnique alia humana ope destituti, ac soli diuini numinis auxilio fulti gravissima oratione et si desisteret et ad saniora consilia rediret, promissa etiam proditionis impunitate inquissimi hominis furorem paulatim ita repressimus vt cum fratre consulturum se, quid de nobis statuere vellent dixerit, et jure jurando prius a nobis extorto captiuos nos silentesque in suum redditum in dicto conclaui remansuros, obserato post se ostio nobis inclusis, egressus, breuissimaque interposita mora rediens, moriendum nobis instanter pronunciauit, cumque proditorie colligare nobis manus quo minori negotio vinctos interrimeret niteretur, nosque strenue resisteremus ensem suum dextera stringere, sinistra vero uocem nobis precludere, faucesque abstruere cepit; nos vero dei omnipotentis presenti ope confirmati ac fortiter reluctantes invito eo ad fenestram que precipuam vrbis plateam respicit prevenimus, ibique dilectos nostros consanguineos Ludovicum Lennoxie ducem et Joannem Marrie comitem conspicientes, qui illic forte equos vt nos consequerentur expectabant ad ferendum nobis aduersus horrendam proditionem et presentem mortem auxilium vocauimus; illi autem tam insperate proditionis immanitate perculsi, cum ad opem nobis ferendam celerrime qua nos conscendisse audiuerant tot ostiis per dictum quondam Magistrum Alexandrum de industria occlusis frustra procurrerent, benigno tandem haud dubie dei spiritu ductore familiaris noster Joannes Ramsay adolescens insolita forte conscendens via per aliud dicti cubiculi ostium quod dictus Andreas Hendersoun proditorii facinoris horrore attonitus vt se inde proriperet nuper aperuerat ingressus, ac dictum quondam Magistrum Alexandrum mortem nobis pertinaciter intentantem cernens aliquot inflictis ei vulneribus nobis adiuuantibus vix e cubiculo expellere potuit, cum dictus quondam comes detectam nostro clamore coniurationem perspiciens, quod frater non potuit propriis ipse manibus perficere desperato et proditorio animo properat, et strictis duobus quos gesserat ensibus e via in aream edium suarum centum aut eo circa stipatus consciis armatis irruit, ac dicto quondam magistro Thoma Cranstoun presente dictus quondam comes, dictusque Alexander et Henricus Ruthven Hugo Moncreif Patricius Eviot aliique eorum complices recta ad cubiculum in quo nos antea inclusos noverant prorumpentes, nullo nobis ad respirandum, nullo domesticis ad opulandum dato spacio dictum Joannem Ramsay dominum Thomam Erskeyne et Hugonem Heres medicum qui soli forte ex nostris acurrerant et aditu cubiculi dictos proditores prohibere conabantur seuissime invadunt, ac summo impetu iis repulsis cubiculum vi ingressi, nosque ad cedem rapidissime querentes dictos nostros fidelissimos seruos pro nostra salute fortissime dimicantes multis illatis vulneribus fere oppresserunt, donec dicto comite confosso dictisque quondam Magistro Thoma Cranstoun Hugone Moncreif et Patricio Eviott aliquot vulneribus sauciis e cubiculo expulsis ad aream confugere coacti fuerunt, ibique convocato perditissimorum hominum ingenti multitudine aditus omnes edium occluserunt dispositisque vndique presidiis proditorie nos obsidione cinxerunt et trabem ad ostia confringerent adferentes puluerem etiam tormentarium querebant quo edes in quibus nos obsidebant a fundamentis convulsas atque in aerem sublatas subverterent proditorie nosque et dictos nostros consanguineos et familiares, aliosque fideles subditos nobiscum obsessos incendio et ruina obrutos proditorie necarent, crucem etiam et laqueos ac fedissima omnia alia mortis genera iis omnibus qui nobiscum edes propugnabant seuissime minati, aliquot etiam e nostris vulneratis ad mortem fere in obsidionis proditorio proposito perseverauerunt, donec augente fidelium subditorum ad nos concursu coniurati omnibus contra improbam ipsorum spem succedentibus paulatim sese subducere coacti sunt; hincque dicte persone et earum quelibet crimen lesemaiestatis contra nos regalemque nostram authoritatem et leges commiserunt; ideoque dictus Alexander Ruthven Henricus Ruthven eius frater Hugo Moncreif et Patricius Eviot, conspiratores proditoriique executores et celatores facinorum predictorum ad videndum et audiendum sese et eorum quemlibet respective premissa crimina lesemaiestatis commisisse per nos et trium regni nostri statuum decretum decerni et declarari et super predictis et pluribus aliis rebellionibus transgressionibus et proditoriis criminibus per ipsos respectiue contra nos regnum nostrum et auctoritatem regiam impie et nefarie perpetratis dictis die et loco cum continuatione dierum proponendis et ostendendis respondendum ac juri parendum et super iisdem judicium nostrum et parliamenti nostri secundum leges regni nostri expectandum et subiundum dictas viz personas conspiratores perpetratores et celatores criminum predictorum respective ad videndum et audiendum sese et eorum quemlibet intuitu premissorum crimen proditionis et lesemaiestatis incurrisse per nos et trium regni nostri statuum decretum decerni et declarari, et propterea personas suas penam proditionis et vltimi supplicii a regni nostri legibus prescriptam subire ipsorumque omnia bona mobilia et immobilia tam terras quam officia beneficia aliaque omnia ad eos spectantia vel ad eos vllo modo pertinere poterunt nobis confiscari et pro perpetuo nobiscum in proprietate remanere, posterosque eorum ab honoribus dignitatibus officiis beneficiis successionibus aut vllis bonis mobilibus vel immobilibus in regno nostro obtinendis vel possidendis esse et fore dehinc imperpetuum inhabiles et incapaces, et vlterius in premissis respondendum et juri parendum, intimando supradictis conspiratoribus et eorum cuilibet respective quod siue dictis die et loco cum continuatione dierum comparuerunt siue non nos dictusque noster justiciarius in premissis justicia mediante procedemus et procedet. Insuper citetis peremptorie coram testibus Magistrum Joannem Moncreif advocatum Alexandrum Blair juniorem de Balthyok Georgium Hay de Nathertowne Magistrum Petrum Hay Robertum Grahame de Thornik Joannem Grahame de Balgowne Joannem Murray de Arbanie Andream Hay ballium de Perth Alexandrum Peblis Willielmum Robertsoun Gilbertum Richardsoun Willielmum Rynd Davidem Rynd Joannem Rentowll Georgium Forrest Thomam Burrell Henricum Leyis ibidem Robertum Chrystie janitorem dicti quondam comitis Ludovicum Lennocie ducem Joannem Marrie comitem Joannem Grahame de Vrquhill dominos Thomam Erskeyne Joannem Ramsay et Hugonem Heres milites Robertum Galbraith Robertum Broun Jacobum Bog Jacobum Liddell et Joannem Boig in lie ailcellar, ad comparendum coram nobis dictoue nostro justiciario dictis die et loco cum continuatione dierum ad perhibendum fidele testimonium in causa predicta sub pena legis et presentes litteras debite executas et indorsatas earundem latori reddatis. Et uos qui presentes exequuti fueritis sitis ibidem dictis die et loco coram nobis seu dicto nostro justiciario portantes vobiscum summonitionis vestre testimonium in scriptis pro premissis vel ipsos testes ad quod faciendum vobis et vestrum cuilibet coniunctim et divisim vicecomitibus nostris in hac parte nostram dimittimus potestatem. Datum sub testimonio nostri magni sigilli Apud Edinburgh vigesimo sexto die mensis Augusti anno Domini millesimo sexcentesimo, et regni nostri trigesimo quarto.
Followis the executionis of the foirsaid summondis upoun the xxviij day of August the yeir of God jM and sex hundreth yeiris: I, Johne Blinsell, Ilay herauld, ane of the schireffis in that pairt within constitute, past at command of thir oure soverane lordis lettres and summondis of treassoun to the marcat croces of Edinburgh, Hadingtoun and schore and peir of Leyth respective; and upoun the penult day of the said moneth of August I past to the mercat croces of the burrowes of Perth, Scone and Kynroschire, heid burrowes of the schire quhair Alexander and Harie Ruthvenis, sonnes to umquhile Alexander Ruthven of Freland, Hew Moncreif, brother to Williame Moncreif of that Ilk, and Patrick Eviott, brother† Eviott of Balhoussie, sum tymes maid thair residence; and thair, with sound of trumpett and displeyitt coitt of armes, and be proclaming of thir oure soverane lordis lettres at everie ane of the saidis mercatt croces and schoir and peir of Leyth respective, with displeyitt coitt of armes and sound of trumpett as said is, I lauchfullie and peremptourlie summond, warnit and chargeit the saidis Alexander and Harie Ruthvenis, Hew Moncreif and Patrik Eviott upoun threscoir dayes warning becaus sum of thame wer suspect to be furth of the cuntrey, to compeir befoir oure soverane lord and his justice at Edinburgh upoun the fourt day of November nixttocum in the hour of caus, with continewatioun of dayes, in the parliament to be haldin and begun be his majestie and estaitis of this realme at Edinburgh upoun the first day of November nixttocum, to ansuer at the instance of oure said soverane lord and his justice in the said parliament and to heir and sie it be fundin and declarit be decrete and sentence of oure said soverane lord and his estaittis foirsaidis that the saidis persones and everie ane of thame hes committit the crymes of tressoun and lesemajestie within mentionat and ar airt and pairt thairof; and tharfoir they, and everie ane of thame, to be decernit be decrete foirsaid to have incurrit the panis of treassoun in thair bodeis, landis, possessionis, gudis and geir, memorie and posteritie, with certificatioun as is within contenit, conforme to the tennour of the saidis lettres in all pointis; quhairof I affixit authentik copeis upone everie ane of the saidis mercat croces and schore and peir of Leith respective befoir thir witnesses, Williame Ramsay, ane of his majesties trumpetouris, Williame Forsyth, Robert Eldar and Johne Gray, messingeris, Thomas Wallis and Williame Baxster and David Young, postis in Edinburgh, with utheris diverse; and for the better verificatioun of the premiss to this my executiounis and indorsatioun, subscryvit with my hand, my signet is affixit. Sic subscribitur, Johne Blinsell, Ilay herauld. Upon the penult day of August, the yeir of God jM sex hundreth yeiris, I, Johne Blinsell, Ilay herauld, ane of the schireffis in that pairt within constitute, past at command of thir oure soverane lordis lettres to the duelling house of umquhile Johne, erle of Gowrie in Perth, and to the duelling house and chalmeris respective of the saidis Alexander and Harie Ruthvenis, Hew Moncreif and Patrik Eviott within the said burgh of Perth, and thair at the said umquhile Erle of Gowrie, thair maisteris duelling house, with quhome they, and everie ane of thame, being his servandis, maid thair ordinar residence, and lykwyes everie ane of thair saidis duelling houses and chalmeris in Perth; with sound of trumpett and displeyit coitt of armes, I lauchfullie and peremptourlie summond, warnit and chargit the saidis Alexander and Harie Ruthvenis, Hew Moncreif and Patrick Eviott at thir saidis duelling houses, eftir I had knokit sex severall knokis at the principall gatt and dure of everie ane of thame respective, to compeir befoir oure soverane lord and his justice at Edinburgh upoun the fourt day of November nixtocum, in the hour of cause, with continewatioun of dayes, in the parliament to be haldin and begun be his majestie and estaitis of this realme at Edinburgh upoun the first day of November nixttocum, to ansuer at the instance of oure said soverane lord and his justice in the said parliament, and to heir and sie it be fundin and declarit be decrete and sentence of oure said soverane lord and his estaitis foirsaidis that the saidis persones and everie ane of thame hes committit the crymes of treassoun and lesemajestie within mentionat and ar airt and pairt therof; and thairfoir, they, and everie ane of thame, to be decernit to have incurrit the panis of treassoun in thair bodeis, landis, possessionis, gudis, geir, memorie and posteritie, with certificatioun as is within mentionat conforme to the tennour of the saidis lettres in all points; quhairof I affixit ane authentik copie upoun everie ane of the saidis duelling places respective quhair everie ane of the saidis persones remanit and for everie ane of thame befoir thir witnesses, Williame Ramsay, ane of his majesties trumpetouris, Johne Gray and Robert Eldar, messinger, Thomas Wallis and David Young, postis in Edinburgh, with utheris diverse; and for the mair verificatioun of the premiss to this my executioun, subscryvit with my hand, my signet is affixit. Sic subscribitur, Johne Blinsell, Ilay herauld.
The quhilk summondis, with the executionis and indorsationis thairof respective foirsaidis, being this instant day red in presens of his majestie and haill estaitis of parliament, first in Latine and thaireftir in Scottis, and the saidis Alexander and Harie Ruthvenis, Hew Moncreif and Patrik Eviott being oft tymes callit of new at the tolbuth window of the said burgh of Edinburgh to have comperit and ansuerit to the said summondis and ressone contenit thairin, and they nor nane of thame comperand to have defendit in the said mater and to have ansuerit to the said summondis, the said Maister Thomas Hamyltoun of Drumcarne, advocat to our soverane lord, desyrit the saidis estaitis declaratioun gif the ressone of the said summondis wes relevant aganis the saidis Alexander and Harie Ruthvenis, Hew Moncreif and Patrik Eviott and everie ane of thame; quhilkis estaitis, all in ane voce, fand the samin relevant aganis the saidis Alexander and Harie Ruthvenis, Hew Moncreif and Patrik Eviott and ilkane of thame. Thairfoir the said advocat of new, for verefeing of the said ressone contenit in the said summondis of treassoun, producit and repetit the saidis lettres of horning execute and registrat aganis the saidis Alexander and Harie Ruthvenis, Hew Moncreif and Patrik Eviott, the haill depositionis of the witnesses examinat befoir the lordis of articles, with the depositionis of the saidis umquhile Maister Thomas Cranstoun and George Cragingelt, thair executioun to the death for the samin crymes, the nochtorietie of the said fact of treassoun and haill circumstances of the said mater and als repetit the haill utheris probationis repetit be him of befoir in the said mater this instant day, and desyrit the saidis estaitis of parliament to advyse the probationis foirsaidis led and deducit in the said mater and to pronunce thair sentence of parliament thairintill according to the samin probationis and thair consciences. And thaireftir the haill wryttis and probationes being red, sene and considerit be the haill estaittis of parliament in presens of the kingis majestie, and they thairwith being ryplie advysit, the saidis lordis and estatis of parliament findis, decernis and declaris that the saidis Alexander and Harie Ruthvenis, Hew Moncreif and Patrik Eviott, and ilkane of thame, committit and did oppin and manefast treassoun aganis oure said soverane lord in all pointis, articlis and maner contenit in the said summondis; and thairfoir it wes gevin for dome be the mouth of David Lyndesay, dempster of parliament, in maner and forme as followis: This court of parliament schawis for law that the saidis Alexander Ruthven, Harie Ruthven, his brother, sonnes lauchfull to umquhile Alexander Ruthven of Freland, Hew Moncreif, brother to Williame Moncreif of that Ilk, and Patrik Eviott, brother to Colene†Eviott of Balhoussie, committit the crymes of treassoun and lesemajestie aganis oure soverane lord and his authoritie royall in maner at lenth contenit in the said summondis; and thairfoir decernis and declaris thair persones to underly the panis of treassoun and lesemajestie and last punischement prescryvit be the lawis of this realme and all thair gudis moveabill and immoveabill, alsweill heretages as offices, benefices and utheris quhatsumevir pertening to thame, or quhilkis micht onywayes belang or appertene to thame, to be confiscat to his majestie and to remane with his hienes in propeirtie for evir and thair posteritie to be now and in all tyme cummyng uncapabill and unhabill to bruik and posses within this realme ony honouris, digniteis, offices, benefices, successiones or utheris gudis or geir, moveabill or immoveabill. And this I gif for dome.
[1600/11/9]*[print] [email] [cite] [preceding] [following]
Followis the depositionis of the witnesses examinat in presens of the lordis of artlis for preving of the saidis tua summondis of treassoun:
The Duik of Lennox, sworne and examinat, deponis that upone the fyft day of August last bipast, this deponar, for the tyme being in Falkland in companie with his majestie, he saw Maister Alexander Ruthven speikand with his grace besyd the stabillis betuix sex and sewin in the mornyng; and schortlie thaireftir his majestie, passing to the hunting of the buk and haveing slane ane in the park of Falkland, his hienes spak to the deponar desyring him to accumpanie has majestie to Perth to speik with the Erle of Gowrie; and incontinent thaireftir this deponar send his servand for ane uther horse and for ane sword and lap on and followit his grace; and as this deponar overtuk his grace, Maister Alexander Ruthven wes spekand with his majestie and schortly eftir the deponaris cummyng to the king his hienes raid apairt and spak with this deponar saying, 'Ye can nocht gess quhat erand I am rydand for; I am going to gett ane poise in Perth and Maister Alexander Ruthven has informit me that he hes fundin ane man that hes ane pitcher full of cunyeit gold of great sortis'. And in the mentyme his hienes inquirit at this deponar off quhat humour he thocht Maister Alexander Ruthven to be of, quha answerit that he knew nathing of him bot ane honest discrete gentilman. And efter that his hienes had declarit to this deponar the haill circumstances of the man quha had the said gold, the place quhair it wes fundin, quhair it wes keipit, this deponar answrit, 'I lyk nocht that (schir) for that is nocht lyklie'. And they rydand besyd the brig of Erne, his majestie tauld to this deponar that Maister Alexander desyrit him to keip that mater of the pois close secrete and to tak na bodie with him. And than his hienes, baith at that tyme and thaireftir in Sanct Johnestoun, within the Erle of Gowreis hall, said to this deponar, 'Tak tent quhan I pass with Maister Alexander Ruthven and follow me'. And as his majestie wes within ane myle to Perth, eftir that Maister Alexander had comeit ane certane space with his hienes, he raid away and gallopit to Perth befoir the rest of the company towardis his brotheris ludgeing, off purpoise, as the deponar belevis, to adverteiss the Erle of Gowrie of his majesties cumming thair. And, as his majestie wes within tua pair of butelangis to the towne of Perth, the Erle of Gowrie, accumpanyit with diverse persones, all on fute, mett his hienes in the Inche and salutit him, and immediatlie thaireftir his majestie, accumpanyit with this deponar, the Erle of Mar, Lundoris, Inchaffray, Schir Thomas Erskene, laird of Urquhill, James Erskene, Williame Stewart, Schir Hew Heres, Schir Johne Ramsay, Johne Murray, Johne Hammyltoun of the Grange and Johne Grahame of Bagowne, past altogidder in the Erle of Gowreis hall, the said Erle of Gowrie and Maister Alexander Ruthven being baith present with thame, and eftir thair entrie his majestie cryit for ane drink, quhilk wes lang of cumming and it wes ane hour nixt efter his first cummyng befoir his majestie gat his dennar. And the tyme that his majestie gat his deserte the Erle of Gowrie come to this deponar and to the Erle of Mar and remanent persones foirsaidis, and desyrit thame to dyne, quhilk they did in the hall; and quhan they had neir hand dynit, the Erle of Gowrie come frome his majesties chalmer to the hall and callit for wyne and said that he wes directit frome his majesties chalmer to drink his scoll to my lord duik and rest of the companie, quhilk he did. And immediatlie eftir the scoill had passit about this deponar raise frome tabill to have awaittit upoun his majestie, conforme to his former directioun, and than the Erle of Gowrie said to this deponar that his majestie wes gane up quietlie sum quiet erand. And syne the said Erle of Gowrie cryit for the key of his yaird and passit in company with this deponar to the yaird, accumpanyit with Lundoris and Schir Hew Hereis and certane utheris, and schortlie eftir thair being in the yaird Maister Thomas Cranstoun come doun to the yaird cryand the kingis majestie is loppin on, and riddin throwche the Inche. And then the Erle of Gowrie cryit 'Horse, horse', and the said Maister Thomas Cranstoun answerit to him 'Your horse is in Scone', quhilk the Erle of Gowrie maid him nocht to heir bot cryit 'Ay, horse, horse'. And the deponar and the Erle of Gowrie cum furth of the yaird throw the hall to the close and come to the wtter yett and this deponar speirit at the porter gif the king wes furth, quha answerit that he wes assurit that his majestie wes nocht cum furth of the place. Than the Erle of Gowrie said, 'I am sure he is furth; alwayes stay my lord duik and I sall gang up and get your lordship the veritie and certantie thairof'. And the said Erle of Gowrie passit up and incontinent come doun agane to the cloise and he affirmit to this deponar that the kingis majestie wes furth at the bak yett and away, quhairupoun this deponar, the Erle of Gowrie and Mar and haill company past furth at the foiryett of the ludgeing and stude befoir the samin yett upoun the hiegait, and as they wer standing thair advyseing quhair to seik the king, incontinent and in this mentyme this deponar hard ane voce and said to the Erle of Mar, 'This is the kingis voce that cryis! Be quhair he will?' and sua they all lukand up to the ludgeing. They saw his majestie lukand furth at the window wantand his hat, his face being reid and ane hand grippand his cheik and mouth, and the king cryit, 'I am murtherit, treassoun, my lord of Mar, help, help!' And incontinent this deponar, the Erle of Mar and thair cumpany ran up the stair to the galry chalmer quhair his majestie wes to have relevit him, and as they past upe they fand the dure of the chalmer fast, and seing ane ledder standing besyd they raschit at the dure with the ledder and the stoippis of the ledder brak, and syne they send for hameris and nochtwithstanding lang forceing with hammeris they gat nocht entrie at the said chalmer quhill eftir the Erle of Gowrie and his brother wes baith slaine. That Robie Broun past about be the bak dure and come to his majestie and assurit his hienes that it wes my lord duik and the Erle of Mar that wes strikand up the chalmer dure and than the hammer wes gevin throw of the hoill of the dure of the chalmer and they within brak the durris and gaif thame entrie. And at thair first entrie they saw the Erle of Gowrie lyand deid in the chalmer, Maister Alexander Ruthven being slayne and takin doun the stair befoir thair entrie. And at thair first entrie within the said chalmer quhair the kingis majestie wes, the deponar saw sindrie halbertis and swordis striking under the dure of the chalmer and sydis thairof be ressone the samin wes na cloise dure, and knew nane of the strikeris in except Alexander Ruthven, ane of the defendaris, quha desyrit to speik with this deponar throwch the dure and sperit at him, 'For Godis saik, my lord, tell me how my lord of Gowrie dois'. To quhome this deponar ansuerit, 'He is weill', and the said deponar bad the said Alexander to gang his way and that he wes ane foill and that he wald gett litill thankis for that labour. And in this mentyme, as they wer continewand in striking with halbertis under the dure, mekill Johne Murray, servand to Tullibardin, wes strikin throw the leg, and howsone the said Alexander Ruthven had hard the said lord duik speik, he and his haill complices past frome the foirsaid dure and maid na mair trubline thaireftir thairat and past doun to the cloise and stude thair. And saw nane of the remanent defendaris present at the doing of the violent turnis that day except be reporte bot the said Alexander Ruthven, bot sayis that he saw Hew Moncreif, Harie and Alexander Ruthvenis and Patrik Eviott with the Erle of Gowrie at the kingis denner that day and of befoir, and thaireftir loukand ouer the chalmer window he saw George Cragingelt and Alexander Ruthven and diverse utheris of the Erle of Gowreis servandis quhome this deponar knew nocht standand in armes within the close, and als saw utheris persones carying ane gest frome the towne to the close of the Erll of Gowries ludgeing, and declaris that thair aboad sindrie persones within the said close and in the hiestreit befoir the said erlis ludgeing cryand and makand tumult be the space of tua houris and mair nixt eftir the death of the said Erle of Gowrie and his brother. Sic subscribitur, Lennox.
The Erle of Mar, sworne and examinat, deponis conforme to the lord Duk of Lennox depositioun in all thingis substantiall, except his lordschip saw nocht Maister Alexander Ruthven in Falkland quhill about ten houris the day libellit, schortlie befoir the slaying of buke, and als overtuk nocht his majestie that day quhill his majestie wes neir the brig of Erne, and that eftir thair dennar my lord of Mar passit nocht to the yaird in company with the Erle of Gowrie bot passit to chalmer quhair the king dynit and saw nathing of the gest.
Andro Hendersoun, chalmerlan of Scone, sworne, deponis that he is of the age of threttie aucht yeiris, declaris that upoun Monunday at nicht, the fourt day of August last bipast, this deponar being eftir supper in companie with the Erle of Gowrie, Maister Alexander Ruthven within my lordis awin chalmer, the Erle of Gowrie inquirit at this deponar quhat he had to do the morne, to quhome this deponar answerit that he had to do to ryd to Ruthven to speik with the tennentis. Than the Erle of Gowrie answerit, 'Stay that jornay. Ye man ryd to Falkland in company with my brother, Maister Alexander, and tak Andro Ruthven with yow, and that ye be redie to ryde be four houris in the morning and haist yow bak with answer as my brother directis yow, be wrytt or utherwayes, and lett Andro Ruthven remane with my brother'. And the morne eftir, four houris in the morning, they roid all thrie togidder to Falkland, and cummand to Falkland they lichtit at Johne Balfouris hous, and seing that Colonell Edmond wes thair they ludgeit in ane Lawes hous and the maister send this deponar about sewin houris in the morning to sie quhat the kingis majestie wes doand. And as he wes within the palice he saw the kingis majestie cummand furth midclose, butit, and than he returnit bak agane to the maister and said to him, 'Haist yow, the kingis majestie is cummand furthe'. And incontinent the maister followit his majestie and spak with his majestie foiranent the equirie and the king layit his hand on his schulder and clappit him, quhair they spak togidder be the space of ane quarter of ane hour. And thaireftir the maister directit this deponar to ryde to Perth in haist as he luissit the Lord Gowreis honour and his, and advertese his lordschip that his majestie will be thair with ane few number incontinent and cause mak his denner reddie. Than this deponar answerit, 'Sall I ryd presentlie?' The maister answerit 'Na, bot stay a quhill and follow the king and me quhill I speik with his majestie againe'. And as his majestie wes rydand throw the slop of the park dyk, the maister spak his majestie and immediatlie thaireftir the maister bad this deponar to pas to Sanct Johnestoun with all possibill diligence according to his former directioun. And at this deponaris cummyng to Perth, quhilk wes schortlie eftir ten houris in the morning, he enterit in the Lord of Gowreis chalmer quhair he saw his lord speik with George Hay and Maister Petir Hay, and howsone my lord of Gowrie saw this deponar he come asyd to this deponar and inquirit secretlie quhat word he had brocht frome his brother and gif he had brocht ane letter. This deponar answerit that he had brocht na letter. 'Quhat answer' (than said he) 'haif ye to me?' This deponar answerit than the maister, his brother, bad tell his lordschip that the kingis majestie wald be thair incontinent and bad haist his denner. Than the erle desyrit this deponar to follow his lordship to the cabinat and sperit at him how his majestie had tane with his brother. He answerit that he wes weill tane with and quhan he did his courtesie the king layd his hand upoun his schulder. The erle sperit quhat number of persones wes with the king at the hunting, quha answerit that he knew nocht weill bot that thair wes sindrie of his awin with him and sum Inglismen, and than the erle sperit quhat nobillmen wes with him: he answerit, 'Nane bot my lord duik'. And thaireftir this deponar past to his awin hous in the towne and tuk aff his buttis and returnit to the erle within ane hour, and howsone the erle saw him in his chalmer he callit upoun this deponar and bad him put on his secrete and plait sleiffis. The deponar inquirit 'To quhat effect?' The erle answerit, 'I have ane heland man to tak in the Schogait'. And than this deponar passit to his awin hous and put on his secreitt and plait sleiffis, come bak agane to the Erle of Gowreis hous and about half hour to ane the erle command this deponar, 'Tak up my dennar'. And this deponar passit and tuk up the first service be ressone George Cragingelt wes seik. And incontinent the said erle passit to his dennar accumpanyit with Maister Johne Moncreif, laird of Pitcreiff, Maister James Drummond, Alexander Peblis, barroun of Findowie, and schortlie eftir the first service wes sett doun, my lord sittand at the tabill with the foirsaid company, Andro Ruthven come in frome the maister and roundit to the erle bot hard nocht quhat he said. And schortlie thaireftir this deponar,† passing doun to tak up the secund service, Maister Alexander Ruthven and Williame Blair come in to the hall, my lord sittand at his dennar. And howsone my lord saw thame, he and his haill companie raise frome the table and than this deponar, herand my lord on fute, bade this deponar send for his steill bonat and gantilat, belevand that my lord wes going to tak the said heland man. And as the deponar persevit my lord passand to the Inche, and nocht to the Schogait, he send hame his steilbonat and cast his gantilat in the [...]† pantrie, and thaireftir followit the erle to the Inche, quhair he saw the said erle meitt his majestie, the duik and the Erle of Mar and come in altogidder to the erlis hous. And eftir his majestie had cum to the erlis ludgeing, the Maister of Ruthven sperit at this deponar quhair the key of the galry chalmer wes; quha answerit that he handlit nocht the said key sen the erle come in Scotland. Than the maister bad this deponar speik to Maister Williame Rynd to gif to him the said key, and the maister passand up towardis the galry, Maister Williame Rynd followit him and gaif to him the said key and thaireftir, immediatlie eftir his majesties dounsitting to his dennar, Maister Thomas Cranstoun come to this deponar and bad him gang to the Erle of Gowrie, quhilk this deponar did. And the Erle of Gowrie in the utter chalmer, quhair the king dynit, spak to this deponar secreitlie and bad† him pas up to the galry to his brother. Sua he passand up and the erle followis him and they beand all thrie togidder in the galry chalmer, quhairof he had the key fra Maister Williame Rynd, the erle said to this deponar, 'Tary still with my brother and do ony thing he biddis yow'. Than this deponar turnit to the maister and sperit, 'Quhat will ye do with me, schir?' Than the maister spak to my lord, 'Lett Andro Henrysoun gang in to the round of the chalmer and I will loik him in and tak the key with me', quhair this deponar abaid half ane hour or thairby, lokkit his allane, haveand his secrete, plaitt slewis, sword and quhinger with him and wantand his steill bonnat. And all this tyme this deponar, fearand sum evill to be done, satt upoun his kneis and prayit to God. And about the end of the half hour Maister Alexander oppennis the dore of the round and enterit first within the samin, haveand the kingis majestie be the arme, and puttis on his hatt on his heid, drawes furth this Andro Hendersoun, deponaris, quhinger and sayis to the king, haveand the drawin quhinger in his hand, 'Schir, ye man be my prisoner, remember on my fatheris dead'. And as he held the quhinger to his majesties breist this deponar threw the samyn furth of Maister Alexanderis handis and the tyme that the maister held the quhinger to his majesteis breist the king wes beginnand to speik. The maister said, 'Hald your towng, schir, or be Christ ye sall dee'. Than his majestie answerit, 'Maister Alexander, ye and I wes verie great togidder and as tuicheing your fatheris deid, man, I wes bot ane minor; my counsaill micht have done ony thing they pleissit. And forder, man, albeit ye bereve me of my lyfe ye will nocht be king of Scotland, for I have baith sonnes and dochteris and thair is men this towne and freindis that will nocht leiff it unrevangeit'. Then Maister Alexander answerit, swerand with ane great aith that it wes nather his lyfe nor blude that he cravit. And the king said, 'Quhat rakis, albeit ye tak of your hatt'. And then Maister Alexander tuk af his haitt and the king said 'Quhat is it ye crave man, and ye crave nocht my lyfe?'; quha answerit, 'Schir, it is bot ane promeis'. The king answerit, 'Quhat promeis?' The said Maister Alexander answerit, 'Schir, my lord my brother will tell yow'. The king said 'Fetche hither your brother', and syne the said Maister Alexander said to the king, 'Schir, ye will nocht cry nor oppin the window quhill I cum agane', and the king promesit sua to do. Then Maister Alexander passit furth and loikkit the dure of the round and passit nocht frome the dure as he beleves. In the mentyme, the king enterit in conference with this deponar: 'How cam ye in heir man?' And this deponar answerit, 'As God leves I am schott in heir lyk as ane dog'. His majestie answerit, 'Will my lord of Gowrie do me ony evill man?' This deponar answerit, 'I vow to God, schir, I sall die first'. And than the king bad this deponar oppin the window, and he oppinit the window that luikit to the Spey tour. The king answerit, 'Fy, the wrong window man', and thaireftir this deponar passing to the uther window narrest his majestie, to oppin the samin. Befoir he gat to the window Maister Alexander oppinnit the dure and come in agane and said to his majestie, 'Be God, schir, thair is na remede', and than he leippis to the king and gat him be baith the hands, haveand ane gartane in his handis. Then the king answerit, 'I am ane frie prince man, I will nocht be bundin'. Sua his majestie castis louss his left hand from Maister Alexander and at that samin tyme this deponar drawes away the gartane frome Maister Alexander, and his majestie leippis frie frome the said Maister Alexander, and the said Maister Alexander followes his majestie and, with his laft hand about his majesties craig, puttis his richt neiff in his majesties mouth, sua his majestie wersland to be quit of him. This deponar puttis his hand out of his majesties mouth and thaireftir the deponar pat his left hand over his majesteis leaft schulder and pullit up the brod of the windo quhairunto the said Maister Alexander had thruschit his majesties heid and schulderis and with the force of the drawing up of the window it preissis his majesties body about his richt syd to the window, at the quhilk tyme his majestie cryis furth, 'Treassoun treassoun!' Sua the maister said to this deponar, 'Is thair na help with thee? Woe worth thee, thow will caus us all die?' Sua trymling the maister pat his hand on the gaird of his awin sworde and incontinent the kingis majestie pat his hand on the maisteris handis and stayit him frome drawing of his sworde. And this wayes, they baith being glaspit togidder, cummis furth of the cabinat to the chalmer. And in the mentyme this deponar threw about the key than standing in the dure of the heid of the turnepyk quhilk enterit to the chalmer and oppinnit the dure thairof to eschew him self and to lett his majesties servandis in. And howsone he oppinnit the dure, Johne Ramsay cam in at the samin dure with ane halk in his hand and passit to the kingis majestie and yaid about him and drew his quhinger, and as he saw him myntane with the quhinger this deponar past furth at the said dure and past doun the turnpyik. Sic subscribitur, Hendersoun. And as the deponar passit throw the cloise and come to the foiryeitt, the deponar saw the Erle of Gowrie standing befoir the yett accumpanyit with diverse persones, of quhome he rememberis nane, bot rememberis weill that the Erle had this deponaris knaipschall on his heid and tua swordis drawin in his hand. And immediatlie thaireftir the deponar passit to his awin ludgeing, quhair he remanit quhill the king passit furth of the towne, and than the deponar passit to the brig and walkit up and down be the space of ane hour and returnit nocht agane to the erlis ludgeing that nicht. And the tymes of his entrie to his hous that nicht this deponaris wyf inquirit at this deponar quhat truble wes within the place, to quhome he answerit, 'Weill is me of ane thing, that gif I had nocht bene thair the king had bene twyse stikit this nicht, bot wais me for the thing that is fallin out'. And this deponar, being demandit be Maister Johne Moncreif eftir his returning frome Falkland, 'Quhair have ye bene with your boittis on?', answerit he had bene tua or thrie mylis beyond Erne and durst nocht tell him the veritie be ressone the Erle of Gowrie had dischargit him to tell the erand he send him to ony bodie. And forder, this deponar declaris that quhan he saw the Erle of Gowrie standing with his drawin swordis befoir the yette, this deponar spak nocht to the erle, nather yit the erle to him at that tyme, bot he passit to his awin hous. Sic subscribitur, Andro Hendersoun.
The Abbott of Inchechaffrary, sworne and examinat, deponis that upoun the fyft day of August last bipast, this deponar being in Falkland, about sevin houris in the mornyng he mett Maister Alexander Ruthven accumpanyit with Andro Ruthven and at that tyme onlie sallutit the said Maister Alexander, without ony conference forther at that tyme. And at that tyme he saw the said Maister Alexander enter in conference with his majestie upoun the grene, betuix the stabillis and the parke, quhilk conference induring for the space of ane quarter of ane hour, and the said Maister Alexander accompanyit his majestie quhill they come to the medow. And at his returning frome his majestie, this deponar desyrit Maister Alexander to dischone with him be ressoun his awin culd nocht be sasone preparit, to quhome Maister Alexander answrit he micht nocht tarie be ressone his majestie had commandat him to await upoun him. And as this deponar passit to Falkland, levand Maister Alexander behind him, he mett his horse with his man cummand frome Falkland to him. And then this deponar, eftir he had dischonit in Falkland, he tuik his jornay the hieway to Inchechaffray, and the deponar being bot ane myle a north Strameglo, his majestie, accumpanyit with my lord duik Lundoris, the laird of Urquhill, Johne Hammyltoun of the Grange, Finlaw Tailyeour and Maister Alexander Ruthven, cam by this deponar rydand the hieway to Perth. Than incontinent this deponar horssit and accompanyit his majestie to Perth quhair he saw the Erle of Gowrie meitt his majestie in the Inche and passit in company with his majestie and his nobill men and servandis to the Erle of Gowreis ludgeing quhair they dynit altogidder. And eftir dennar, this deponar being in the chalmer at the north end of the hall, word passit throw the hall that his majestie wes passit away and riddin towardis Falkland. And than this deponar, in company with the Lord of Mar and remanent present for the tyme, passit to the cloise and frome that to the hiestreit; and the Erle of Gowrie being present with thame desyrit thame to stay quhill he returnit and advertesit thame of the veritie thairof. And incontinent the Erle of Gowrie passit up the stair and returnit bak and certefeit the deponar and his collegis of his majesties departure. Than the lord duik, this deponar and remanent cryit for thair horse to follow the king, than, as they wer standand upoun the hiestreit, they hard ane cry and ane voce and the duik first declarit, 'I am assurit yon is his majesties voce, be quhair he will him self'. And immediatlie thaireftir this deponar saw his majestie loukand furth at ane windo of the round, wantand his hatt and his face reid, cryand, 'Fy, help, my lord of Mar, tresson, treassoun! I am murderit'. And at that samin instant be his judgement his majestie wes pullit perforce in at the samyn window and incontinent thaireftir this deponar passit in haist upe with the Erle of Mar and my lord duik to the chalmer within the galry quhair he saw, hard and did in all thingis conforme to the duikis depositioun. Sic subscribitur, Incheaffray.
The Abbott of Lundoris, sworne and examinat, deponis conforme to the lord duik of Lennox in all thingis, addendo that eftir dennar quhan word wes of his majesties departour towardis Falkland and that they had altogidder cum doun to the porter and had inquirit at him gif the kingis majestie wes gane furth, the porter answerit he wes nocht passit furth and the Erle of Gowrie affirmit that he wes passit furth at the bak yett. And the porter said to the Erle of Gowrie, 'That can nocht be, my lord, becaus I have the key of the bak yett'. And eftir that his majestie had cryit furth of the windo of the round, 'Treassoun, treassoun!', and this deponar saw James Erskeyne incontinent lay handis upoun the Erle of Gowrie upoun the hiestreit and immediatlie Schir Thomas Erskeyne grippit the Erle of Gowrie, 'Fy, tratour, this is thy deid, thow sall die'. Then the Erle of Gowrie answerit, 'I ken nathing in the mater'. Than instantlie the Erle of Gowreis men ringgit the said Schir Thomas Erskyne and James Erskeyne fra the Erle of Gowrie, quha incontinent ran the space of half ane pair of butlandis frome thame towardis Glenurquhyis hous and drew furth his tua swordis and cryit, 'I will ather be at my awin hous or die be the gait'. And incontinent thaireftir the said erle, accompanyit with threttie persones or thairby, passit within the said place quhair his majestie wes for the tyme and schortlie thaireftir the deponar, as apperit to him, saw ane multitude of people caryand ane jest towardis the place. Sic subscribitur, Lundoris.
Schir Thomas Erskeyne, of the age of threttie sex yeiris, sworne, deponis conforme to the Lord Incheffray and Lord of Lundoris, addendo that immediatlie eftir this deponar hard his majestie cry furth of the windo of the round, 'Fy, help, I am betresit, they ar murdressing me', he ran with diligence towardis the place to have helpit his majestie. And befoir his entrie, seing the Erle of Gowrie, this deponar and his brother grippit him be the nek and said to him, 'Tratour, this is they deid'. Quhilk erle answerit, 'Quhat is the mater? I ken nathing'. Immediatlie the erlis servandis severat him frome this deponar and his brother and than this deponar enterand within the clos. He forgadderit with Schir Hew Hereis, quha demandit of the deponar quhat the mater menit; and in the mentyme the deponar hard Schir Johne Ramsay cryand out at the turnepyk heid, 'Fy, Schir Thomas, cum up this turnepyk ewin to the heid'. And as this deponer had passit up fyve stoppis of the turnepyke he seis and meittis with Maister Alexander Ruthven, bludit in tua pairtis of his bodie, viz: in his face and in his neck. And incontinent this deponar cryis to Schir Hew Heres and utheris that wer with him, 'Fy, this is the tratour, strik him'. And incontinent he wes strikin be thame and fell and as he wes fallin he turnit his face and cryit, 'Allace, I had na wyte of it', this deponar being standing abone him in the turnepyk. Thaireftir, this deponer past to the heid of the turnepyik and enterit within the chalmer at the end of the galry quhair the king and Schir Johne Ramsay wes thair allane present. And at the first meting, this deponer said to his majestie, 'I thocht your majestie wald have concredited mair to me nor to have commandit me to await your majestie at the dure gif ye thocht it nocht meit to have tane me with yow'. Quhairupoun his majestie answerit to the deponer, 'Allace, the tratour dissavit me in that as he did in the leave, for I commandit him expreslie to bring yow to me, quhilk he promesit to me to do, and returnit bak as I thocht to fetche yow, bot he did nathing bot steikit the dure'. Schortlie thaireftir Schir Hew Heris followit this deponar in to the chalmer and George Wilsoun, servant to James Erskeyne, and immediatlie thaireftir Maister Thomas Cranstoun, with his sword drawin in his hand, enterit within the said chalmer and the Erle of Gowrie followit him within the samin chalmer with ane drawin sworde in everie ane of his handis and ane knapscall on his heide, quha struck at this deponar and his collegis ane certane space, lykas they defendit thame and struk agane. And that samyn tyme the said deponar wes hurte in the richt hand be Maister Thomas Cranstoun. And this deponar hard my lord of Gowrie speik sum wordis at his entrie bot understandis thame nocht. And last, Schir Johne Ramsay gaif the Erle of Gowrie ane dead straik and than the erle leanit him to his sword and the deponar saw ane man halde him upe, quhome he knew nocht, and howsone the erle fell to the ground Maister Thomas Cranstoun and the remanent quha accumpanyit him depairtit and passit doun the turnepyk. And the deponar rememberis that at that tyme thair wes ma persones in the chalmer with the Erle of Gowrie by Maister Thomas Cranstoun bot knew nane of thame, except he beleves that ane blak man that wes thair, in company within the chalmer wes Hew Moncreif, brother to the laird of Moncreif, bot the deponer knawes nocht weill quhidder or nocht it wes Hew Moncreiff. Sic subscribitur, Schir Thomas Erskyne.
Schir Johne Ramsay, of the age of tuentie thrie yeiris or thairby, sworne, deponis that immediatlie eftir he had dynit the day libellit in the Erle of Gowreis hous, he tuk his majesteis halk fra Johne Murray to the effect the said Johne micht have dynit. And the deponer, missing his majestie and forgaddering with the laird of Pittincreif in the Erle of Gowreis hall, and demanding of Pittincreif quhair his majestie wes, the said laird first convoyit the deponer to the chalmer quhair his majestie dynit, thaireftir to the yaird, hoiping that his majestie had bene thair. And missing his majestie in the yaird, the said laird convoyit the deponer up to ane fair gallerie quhair this deponer wes nevir befoir, quhair, haveing remanit ane certane space behalding the gallerie, they come baith doun to the cloise quhair they mett with Maister Thomas Cranstoun in the middis of the close, quha said to thame that his majestie wes away upoun horsbak at the Inche. Quhairupoun this deponer and Pittincreif sinderit and the deponer passit furth of the yett to his stable to have gottin his horse. And being standing at the stable dure, he hard his majestie cry, knew his hienes voce bot understude nocht quhat he spak. Quhairupon he immediatlie cummis within the close and finding ane turnpyk dure oppine he enteris within the samin and rynnis upe the turnepyk quhill he cummis to the dure upoun the heid thairof, and heiring ane strugling and dyn of mennis feitt he ran with his haill force at the dure of the turnepyke heid, quhilk enteris to the chalmer at the end of the gallerie. The deponer haveing in the mentyme his halk on his hand and haveing dung upe the dure, he seis his majestie and Maister Alexander Ruthven in utheris armes, stryveing and worslying togidder, his majestie haveing Maister Alexanderis heid under his arme and Maister Alexander, being almaist on his kneis, had his hand upoun his majesties face and mouth. And his majestie, seing† the deponer said, 'Fy, strik him laich becaus he hes ane pyne dowlit upoun him', quhairupoun the deponer kaist the halk fra him and drew his quhinger quharwith he strak the said Maister Alexander. And immediatlie eftir he wes strukin his majestie schoitt him doun the stair quhairat this deponer had enterit. Thaireftir this deponar addressis him to ane window and lukand furth thairat and seand Schir Thomas Erskeyne, the deponar, cryit, 'Schir Thomas, cum up this turnepyk ewin to the heide'. In this mentyme his majestie pat his fute upoun the halk leische and held hir ane lang tyme quhill the deponar come and tuk hir up agane. And than Schir Thomas Erskein enterit, and in the rest deponis conforme to Schir Thomas Erskeyne in all pointis. And forder sayis that quhan this deponar enterit first within the chalmer he saw ane man standing behind his majesties bak quhome he nawayes knew nor rememberis nocht quhat apperrelling he had on, bot eftir that this deponer had strukin Maister Alexander he saw that man na mair. Sic subscribitur, Schir Johne Ramsay.
Johne Grahame of Urquhill, sworne and examinat, deponis conforme to the lord Duik of Lennox and Erle of Mar in all thingis reddens eandem caussam scientie, addendo that this deponer, the tyme that he wes at dennar in the hall with my lord duik and Erle of Mar, he saw the king and Maister Alexander Ruthven pass throw the hall, up the turnepyke towardis the gallerie, and as this deponer, Johne Hammyltoun and utheris wer followand, Maister Alexander cryit, 'Bak gentilmen, stay, for sua it is his hienes will'.
Johne Grahame of Balgowne, of the age of fiftie yeiris or thairby, mareit, deponis conforme to the lord duik in all thingis, addendo that this deponer, the day libellit, eftir the death of the Erle of Gowrie and his brother and herand his majestie reporte that Maister Alexander pressit to have bund his hienes handis with ane gartane, this deponer fand ane gartane at the cheik of the round dure among the bent. And immediatlie thaireftir this deponer presentit the samin gartane to his hienes and at the sicht thairof his majestie said that the samin wes the gartane quhairwith Maister Alexander pressit to have bound his handis. And then Schir Thomas Erskeyne grippit to the samin gartane and said that he wald keip it, quhilk he hes yit in keiping. Sic subscribitur, J. Grahame of Balgowne.
I, Maister Johne Moncreif, deponis as eftir followes, to wit: that day I wes still present with my lord of Gowrie unto the tyme I hard his majestie cry 'Treassoun' and saw him put his arme furth at the windo of the round, and then left him, for I consavit in my heart that it wes ane plane treassoun conspyrat aganis his majestie and wes inducit heirto in respect of the presumptionis following: First, I saw the kingis majestie and umquhile Maister Alexander Ruthven, my lordis brother, gang furth at the hall dure thair allanes, quhair as his majestie had na wappinnis and Maister Alexander had ane sworde. Nixt, I saw his majestie cum in quiet and sober maner to the towne, quhairthrow apperantlie he wald have na ewill purpose in his mynd. Item, the said Maister Alexander rydand to Falkland in the morning wes obscurit fra me and my brother Hew, quhair he wes, and I haveing inquirit of my brother Hew quhair he wes riddin to he knew nathing thairof, sua that nather he nor I culd gett tryell of the samin. Item, I, haveing inquirit at Andro Hendersoun him self, quha raid to Falkland with the maister and returnit tua houris befoir him sylit me and answerit that he had bene tua or thrie mylis abone the towne, and als the said Andro had ane uther dowblit on him nor he usit commounlie and wes mair buksum, and, as apperit, micht have contenit ane secrete. Item, that day being the counsaill day of the towne, my lord excusit himself inrespect of his adois. Item, I, haveing preasit him to subscryve ane confirmatioun of ane ladyis, first refusit inrespect foirsaid, alwayes passit it thaireftir. Item, my lord taryit langer fra his denner nor he usit and albeit Andro Ruthven quha wes with the maister come and roundit to my lord at the burde, he maid him to misknaw all thingis unto the tyme the said Maister Alexander come him self, and than raise frome the buird and mett his majestie. Item, my lord obscurit altogidder that he knew the cumming of ony man quhill the maister come. Item, Maister Thomas Cranstoun wes the first that I hard cry, 'The kingis majestie is away'. Item, eftir my lord duik and my Lord of Mar and his majesties servandis wes in the close, my lord of Gowrie come bak agane to the hall sayand the king wes away, sua that, as I thocht, he wald have ilk man thinkand sua; and I thocht his majestie wes nocht ressavit with that heartlie intertenement as becam. Item, eftir his majesties ryding away, my brother Hew come to my hous and I inquiring of him quhat he thocht of thir materis, anwerit befoir God safar as I can persave, 'I trow it sall kyth to be ane plane treassoun one my lordis pairt'. And I sperand at him gif he knew ony thing thairof, answerit he knew nathing bot he and Harie Ruthven, eftir all thingis wer endit, fell in conference heiranent and he thocht thingis wer lyklie. Last, Andro Hendersonis lettre moves me maist of all, and upoun my salvatioun and condemnatioun I knaw na forder in this mater nor yit can remember of ony uther circumstance or presumptioun micht have inducit me to consave the former treassoun quhilk I apprehendit in maner foirsaid. Sic subscribitur, Maister Johne Moncreif.
†I, Andro Ray, ane of the bailleis of the burgh of Perth, be thir presentis testefeis upoun my conscience and in the sicht of God as I sall answer to him in the great day, that upoun the fyft day of August jM and sex hundreth yeiris, I, being in the umquhile Erle of Gowreis ludgeing quhan his majestie wes thair, saw his majestie eftir his dennar, accumpanyit with the Maister of Gowrie, ryse frome the tabill and gang furth of the chalmer quhair he had dynit, bot to quhaitt place I knaw nocht, being behalding the said umquhile Erle of Gowreis intertenement of the nobillmen in drinking of his majesties schoill to thame, quhilk his majestie befoir his rysing frome the tabill had commandit him to do. And that eftir that the lordis, viz: my lord duik, my lord of Mar, my lord Lundoris and my lord of Inchaffray, with sindrie of his majesties gentilmen and servandis, accumpanyed with the Erle of Gowrie in persone, ane schorte space eftir dennar had missit his majestie and inquirit quhair he suld be. They went to the foirgaitt and speirit at the portar gif he saw the king ga furth at the foir yeitt and hard the portar answer that his majestie wes nocht gane furth that way. Also that the Erle of Gowrie said to the porter, 'Ye lie, knaif, he is furth'. And the porter replyit that he suld gif his heid incaise his majestie wer furth. Yit upoun the Erle of Gowreis assurance that his majestie wes furth to the Inche, the lordis ruschit out in haist at the foiryett and speiring quhair the king wes, I, being with thame, I saw ane ding up the lang scoirit window in the north syd of the turrett upoun the hiegait, bot quha dang it up I knaw nocht. And forder saw cleirlie his majestie, beirheadit, schut furth his head and arme at the foirsaid window and hard his majestie crying loudlie, 'Fy, treassoun, treassoun, and murther, help Erle of Mar'. Quhairupoun I, being verie agast and wonderfullie astonyed at that cruell and terribill sicht and pitiefull and wofull cry, I nocht knawing quhat the mater meanit bot persaveing his majestie in extreme and great danger, ran with all possibill diligence throw the streittis, crying loudlie, 'Fy, treassoun, treassoun aganis the king, for Goddis saik all honest men haist and releif the king!', and commandit to ryng the commoun bell that all men micht cum in haist to his majestie releif. And than I returnit with all possibill diligence with ane great number of the people with me and come afoir the foirsaid turret and window quhair I saw his majestie first crye out. And than I cryit out, 'How is the king?' Bot my lord duik and my lord of Mar answeirit, 'The king is weill (praisit be God)'. Than I cryit agane up to his majestie and schew his majestie that the bailleis and towneschip wes thair cum in all haist to supplie and releif his majestie and thairfoir besocht his majestie to command quhat wes his majesteis will and best to be done. And than his majestie beknit furth his hand to me and to the peopill, commanding me to cause the peopill reteir thame to thair ludgeing, quhilk commandement I incontinent obeyit and commandit all maner of men to reteir thame selffis to thair ludgeings, and lykwayes past to the marcat croce and be oppin proclamatioun commandit in his hienes name that all men suld reteir thame to thair ludgeingis under the pane of treassoun; quha obeyit incontinent eftir my charge. And this I testifie to be of veritie be the fayth and trewith of my bodie safar as I justlie can remember. I, witnes of the quhilkis, I have subscryvit thir presentis with my hand at Perth, the threttene day of October, the yeir of God jM and sex hundreth yeiris, befoir thir witnesses: Maister Patrik Galloway, minister to his majestie, James Drummond of Letchill, Oliver Young, Constantyne Mallice, Thomas Johnestoun, bailleis, Henrie Eldar, clerk, Robert Andersoun, Andro Arnochtt and Williame Jak, burgesses of Perth. Sic subscribitur, Andro Ray, baillie, with my hande, Maister Patrik Galloway, witnes, James Drummond, witnes, Oliveir Young, bailyie, witnes, Thomas Johnestoun, baillie, witnes, Robert Andersoun, witnes, Andro Arnochtt, witnes, Williame Jak, witnes, Henrie Eldar, scribe, witnes.
Robert Crystie, porter to umquhile Johne, erle of Gowrie, of the age of threttie yeiris, solutus, deponis that he wes porter to the Erle of Gowrie the fyft day of August libellit, lyk as he wes be the space of fyve oulkis of befoir. And schortlie eftir the denner this deponar saw my lord duik, the Erle of Mar, the Erle of Gowrie cum to the cloise and my lord duik speirit at this deponar gif his majestie wes passit furth of the cloise. The deponar answerit that he wes nocht furth. Then the Lord of Mar said, 'Billie, tell me the veritie gif his majestie be furth or nocht'. And he answerit, 'Intreuth he is nocht furth'. The Erle of Gowrie, lukand with ane angrie countenance, said, 'Thow leid, he is furth at the bak yett and throw the Inche'. Than this deponar answerit, 'That can nocht be, my lord, for I have the key of the bakyett and of all the yettis of the place'. Thaireftir this deponar hard and saw his majestie luikand furth of the window of the round and cryande, 'Treassoun, treassoun, fy, help, help, my lord of Mar'. And incontinent my lord duik and Erle of Mar and utheris ran up the great turnepyke to the gallerie and thaireftir the Lord of Gowrie come frome the hiestreitt within the cloise haveand ane steilbonnet on his heid and ane drawin sword in ilk hand, accumpanyit with Alexander and Harie Ruthvenis, Patrik Eviott and Hew Moncreif, Maister Thomas Cranstoun, all haveand drawin swordis in thair handis, and passit altogidder with my lord up the auld turnepyk, bot quhat wes done within the hous and place thaireftir kennis nocht bot be reporte. Nather saw he ony gest brocht to the place be ony of the towne and kennis na mair in the mater. Sic subscribitur, Robert Chrystie.
Alexander Blair, younger, of Balthyok, sworne and examinat, deponis conformis immediate precedenti except that he saw nocht my lord of Gowrie pas with his company and drawin swordis up the turnpyk bot saw Alexander and Harie Ruthvenis and Hew Moncreif cum doun the litill turnepyk quhair they and my lord had ascendit, the saidis thrie persones haveand drawin swordis in thair handis, bot saw nocht Patrik Eviott thair. And this deponer sayis that eftir the tumult wes rissine and this deponer pressand to enter within the place he wes a litill stayit be thame in the place bot they yeldit attanis and the deponar gat entrie. Lykwayes he saw ane gest brocht in frome the towne and sett up at the wall of the cloise bot quha brocht the samin in he kennis nocht. Sic subscribitur, A. Blair, apperand of Balthyok.
George Hay, priour of Charterhouse, of the age of tuentie aucht yeiris or thairby, mareit, deponis conformis to the lord duik of Lennox in all thingis eftir his majesties entrie in Sanct Johnestoun the day libellit, addendo that that samyn day, the deponar haveand ado in Sanct Jounstoun with the Erle of Gowrie and speikand with him in his awin place, he saw Andro Hendersoun cum in buttit frome Falkland and hard the said Lord Gowrie inquire of the said Andro quha wes with his majestie in Falkland. And thaireftir the said erle tuk the said Andro Hendersoun to the cabinat and eftir ane certane space the erle, cummand to the chalmer, he gaif this deponer his dispatche sayand that he had to do that day and micht nocht awaitt on his erand and bad him cum ony uther day.
Maister Petir Hay, of the age of threttie yeiris or thairby, mareit, deponis conformis to George Hay in all thingis the witnes immediatlie preceding.
Robert Grahame of Thornik, sworne and examinat, deponis conforme to the Duik of Lennox eftir that his majestie enterit in Perth.
Oliveir Young, baillie in Perth, sworne and examinat, deponis that the day libellit this deponer wes in the Erle of Gowreis ludgeing quhair he saw the king dyne and eftir denner saw the kingis majestie and Maister Alexander Ruthven pas thair allanes throw the hall and up the turnepyk. And immediatlie thaireftir this deponer past to his awin ludgeing in the towne quhair he abaid quhill the crye and tumult raise. And incontinent this deponer rynnand to the place libellit, his majestie cryit out at the window and commandit this deponer be name to stay the tumult of the people. The quhilk this deponar obeyit and did and saw Hew Moncreif cummand furth of the place with his face being bludie, and Harie Ruthven, ane of the defendaris, at the mouth of the Wattergait with ane drawin sworde in his hand and kennis na mair in the mater.
James Drummond of Pitcarnis, sworne and examinat, deponis conformis immediate precedenti in omnibus, addendo that as this deponar, immediatlie eftir the crye rais, cumand to the place libellit, he meittis upoun the hiestreit Alexander Ruthven, ane of the defendaris, haveand ane drawin sword in his hand and cryand 'Fyre and pulder', and kennis na mair in the mater.
Williame Rynd, flescheour in Sanct Jounstoun, of the age of threttie yeiris or thairby, mareit, deponis that he saw within the cloise of Perth, eftir the frey raise, Patrik Eviott and Hew Moncreif, baith bleidand, haveand drawin swordis in thair handis.
Henrie Leyis, burges of Perth, sworne and examinat, deponis conformis to James Drummond and Williame Rynd, bot he saw nocht Patrik Eviott thair.
George Wilsoun, servand to James Erskeyne, of the age of tuentie four yeiris or thairby, solutus, deponis conforme to Schir Thomas Erskyne in all thingis, be ressone this deponer wes in company with the said Schir Thomas eftir the first tyme that he and James Erskyne, his brother, had grippit the Erle of Gowrie, and wes sindrit fra him be his servandis. And immediatlie thaireftir this deponer accumpanyit the said Schir Thomas Erskyne up to the turnepyk into the chalmer quhair his majestie wes, quhair he saw as the said Schir Thomas hes deponit in all thingis.†
David Rynd, flescheour in Perth, sworne and examinat, deponis conformis to James Drummond and hard Alexander Ruthven cry for pulder bot saw nocht Patrik Eviott.
Gilbert Ritchertsoun in Perth, of the age of tuentie four yeiris or thairby, solutus, deponis conformis to James Drummond in all thingis and David Rynd.
Johne Murray of Arbany, of the age of fyftie aucht yeiris or thairby, mareit, deponis the day libellit the deponer come to Sanct Johnestoun eftir dennar quhair he hard his majestie cryand furth at the window of the round, 'Fy, treassoun, my lord of Mar, help'. Incontinent thaireftir my lord of Mar and the duik ran upe the broad turnepyk and the deponar followit thame in the close quhair he saw the Lord of Gowrie, haveand ane steilbonnat on his heid and tua drawin swordis, ane in ilk hand, and saw the said erle pas up the turnepyk accumpanyit with certane his servandis, haveand drawin swordis in thair handis, of quhome he knew nane.†
†Thomas Burrell, burges of Perth, sworne and examinat, deponis conforme to James Drummond, addendo that the tyme of the fray this deponar, enterand within the cloise of the place libellit, he saw standing in the close with drawin swordis in thair handis Alexander and Harie Ruthvenis and Hew Moncreif, bledand in his face. And at that samin tyme this deponar saw Maister Thomas Cranstoun cum doun the blak turnepyk and he tuk furth of his hand his sword and hard the said Alexander Ruthven cry for fyre and pulder, and saw nocht Patrik Eviott thair.
Alexander† George Forrest, tailyeour in Perth, of the age of fourtie yeiris or thairby, mareit, deponis the day libellit he saw George Craigingelt and Walter Cruikschank, allakey, standing in the yaird with drawin swordis.
Williame Robertsoun, nochtar in Perth, of the age of threttie four yeiris or thairby, mareit, deponis the day libellit, this deponar beande within the close of the place libellit, he saw the Lord Gowrie standing in the close accumpanyit with sevin or aucht persones of quhome he knew nane, the said erle than haveing ane steill bonnet on his heid and ane drawin sword in ilk hand, at the quhilk sicht this deponar, being affrayit, past furth of the place and kennis na mair in the mater.
Robert Galbrath, servand to the kingis majestie, of the age of threttie yeiris, deponis conformis to the lord duik of Lennox in all thingis be ressoun this deponer all that day wes in company with his majestie, and eftir that his majestie had cryit out at the window, 'Treassoun', this deponer followit the duik and Erle of Mar up the turnepyk and deponis as they have deponit.
Robert Broun, servand to the kingis majestie, deponis conformis immediate precedenti in omnibus becaus this deponer the tyme libellit accumpanyit Johne Hammyltoun to feche the hammeris up to the galry. And this deponar past up the litill blak turnepyk and at his first entrie within the chalmer he saw the Erle of Gowrie lyand dead, thair being at that tyme in company with his majestie Schir Thomas Erskene, Schir Hew Heres, Schir Johne Ramsay and George Wilsoun.
James Bog, porter to his majestie, sworne and examinat, deponis that he saw the kingis majestie and Maister Alexander Ruthven pas throwch the hall to the chalmer and saw that day George Cragingelt with ane drawin sword in his hand, accumpanyit with certane rascallis, and in ceteris deponis conformis to the lord duik and Erle of Mar in all thingis.
Johne Bog, servand to the kingis majestie in the aill cellar, sworne and examinat, deponis conformis to James Bog.
Alexander Peblis, burges of Perth, of the age of threttie yeiris or thairby, mareit, deponis the day libellit, this deponar being within his awin hous foiranent the Erle of Gowres ludgeing, howsone his mother hard the commoun bell ryng scho lokkit the dure and held him in all the tyme. And saw at that tyme the Erle of Gowrie enter in at the yett with tua drawin swordis, ane in ilk hand, and ane allakey put ane steilbonnet on his heid. And ane certane space thaireftir the deponar saw Hew Moncreif cum furth of the place with ane bludie heid and Patrik Eviottis man lykwayes bleidand. And als saw Patrik Eviott cum furth of the yett bot rememberis nocht gif he had ane sword in his hand, and saw Alexander Ruthven also cum furth with ane sword drawin in his hande. Sic subscribitur, Alexander Peblis.
[1600/11/10]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this realme, understanding the obstinat malice of treassonable rebellis takis sa deip rute in the heartis of thair perverst posteritie that the mercie, favour and clemencie of thair native princes gratiouslie extendit to thame can nocht expell thair naturall inclinatioun to treassonabill crueltie and ingratitude, bot be the contrair furnessis to thame convenient occasiones of disperat revanges aganis the prince for the lauchfull and condigne punischement of thair treassonable foirbearis according to thair demeritis, as the horribill treasoun laitlie attemptit aganis his hienes maist noble persone be umquhile Johne, erle of Gowrie and umquhile Maister Alexander Ruthven, his brother, following the fute steppis of Williame, erle of Gowrie, thair father, quhais manyfald tressones his majestie had pardonit and remittit to thame and his remanent posteritie and restorit thame to the integritie of thair same and estait manifestlie declarit; for remede quhairof, and to the effect that the severitie of punischement may terrefie and divert sic malicious and wickit persones as be favorable and clement meanis can nocht be restranit frome attempting of sua detestabill and treassonable interpryses, oure said soverane lord, with advyse and consent of the haill estaittis of this present parliament, statutis and ordinis that the apperant airis and successouris of the saidis umquhile Johne, erle of Gowrie and umquhile Maister Alexander Ruthven, his brother, and thair haill brether, ather lauchfull or naturall procreat of the said umquhile Williame, erle of Gowrie, and the haill remanent posteritie, airis and successouris of the saidis umquhile Johne, erle of Gowrie and Maister Alexander Ruthven, his brother, ar and in all tyme cumming sall be unhabill and incapable to injoy, bruik or posses ony honouris, digniteis, offices, benefices, landis, heretages, rowmes, possessionis, gudis, geir, successionis or utheris richtis or commoditeis quhatsumevir within this realme, and that oure said soverane lord and his successouris be the richt of his crowne sall have full and indoubtit richt to all and quhatsumevir landis, heretages, offices, benefices, takkis, stedingis, rowmes, possessionis, gudis, geir, successionis, hoip and apperance of successioun and utheris gudis, richtis or titillis quhatsumevir quhilkis outher appertenit or onywayes micht have belangit or heireftir may befall or appertene to the saidis umquhile Johne, erle of Gowrie and umquhile Maister Alexander Ruthven or to ony utheris thair brether, thair airis, posteritie or successouris foirsaidis throw the rebellioun and memorie of the saidis persones or inhabilitie of thair brether, posteritie or utheris respective foirsaidis, to the quhilkis persones abonewrittin and everie ane of thame oure soverane lord and his successouris foirsaidis sall now and in all tyme cumming succede and to all sic utheris his hienes liegis quhome they or ony of thame, thair brether or posteritie micht have succedit to in ony tyme bigane or to cum; and that the saidis bretherine of the saidis umquhile Johne, erle of Gowrie and Maister Alexander Ruthven and thair posteritie sall in all tyme cummyng be baneischit and expellit furth of this realme and haill boundis of his hienes dominionis under the panis of death, to be execute but delay upoun ony of thame that sall controvene the samyn. And to the effect that the examplar punischement of the foirsaid treassoun and constant observation and executioun of the premisses may be ane terrour to all posteriteis evir to attempt the lyk, oure said soverane lord and estaittis foirsaidis statutis and ordinis that quhatsumevir advocat, clerk, wrytar or utheris his hienes subjectis of quhatsumevir estait or degree geves counsaill, advise, help or assistance to forme, wrytt, devyse or propone ony pardoun, remissioun, rehabilitatioun or restitutioun of the posteritie of the saidis rebellis and tratouris or reductioun of the foirfaltour of the memorie of the saidis tratouris and thair posteritie or assistis thame thairanent directlie or indirectlie in judgement or outwith or sall presume to mak sute, request or supplicatioun to oure soverane lord or his successouris in thair favouris, being tryit and lauchfullie convict of ony of the said pointis, sall incur the panis of treassoun in thair bodeis, landis and gudis nochtwithstanding of quhatsumevir warrand to be purchest thairanent of the princes for the tyme, with consent of parliament or utherwayes, quhilk sall be na impediment to the saidis princes or thair successour to cause challenge, accuse, convict and punische the saidis persones or thair posteritie thairfoir, as for ane unpardonabill treassoun, nochtwithstanding of the warrandis foirsaidis, in granting quhairof the saidis princes for the tyme and thair successouris sall be repute minoris and have perpetuall privilege and libertie of revocatioun thairof and punischeing the purchessaris and useris of the samyn in maner foirsaid.
[1600/11/11]*[print] [email] [cite] [preceding] [following]
Forsamekle as the surname of Ruthven hes bene sa naturalie bent thir mony yeiris bigane to attempt maist heich and horribill treassonis aganis his majestie and his maist nobill progenitouris that his majestie is thairby brocht in vehement suspitioun of thair haill race and of his naturall clemencie, being cairfull that the infamie justlie inflictit to the giltie sall nocht spott sic of his subjectis as ar innocent of the saidis treassones, for extinguischeing of the memorie of the treassonable committaris of the crymes foirsaidis and removeing of the blott that with the surname micht follow sic of his hienes liegis as hes nocht bene participant of the saidis crymes, his majestie, with advyse and consent of the estaitis of this present parliament, statutis and ordanis that the surname of Ruthven sall now and in all tyme cumming be extinguischit and aboleissit for evir, and that sic of his hienes subjectis bering the said surname in tyme bipast as ar frie and innocent of the saidis crymes of treassoun attemptit aganis his majestie and his predecessouris in maner foirsaid sall be haldin and astrictit to renunce the said surname of Ruthven, and nevir to use the samyn in ony tyme cummyng, and to tak to thame selfis, thair bairnis and posteritie ony uther honest and undefamit surname betuix and Witsonday nixttocum, quhairby they, thair bairnis and posteritie sall be callit in all tyme cumming, and to use the samin in all contractis, bandis, pactionis, infeftmentis, wryttis, securiteis, proclamatiounes of bannes, subscryveing of lettres, speches, conferences and utheris occasiones quhatsumevir under the pane of banischement during the kingis plesure to be execute aganis thame and everie ane of thame with all [rigour]† and extremitie als oft and sa oft as they or ony of thame dois in the contrair; and ordanis the name of the baronie and place of Ruthven to be changeit and callit in all tyme cumming the place and baronie of Huntingtour. And to the effect that the foirsaid odious fact may abyd and remane manefast to the posteritie, the saidis estaittis ordinis the round of the said ludgeing in Perth within the quhilk his majesties murther wes treassonably attemptit to be cassin doun and rasit to the ground and ane monument to be erectit in the place thairof contenand inscriptioun of the danger quhairin his majestie wes and forme of the samin conspiracie and maner of his hienes delyverie.
[1600/11/12]*[print] [email] [cite] [preceding] [following]
Forsamekle as the haill estaittis of this realme, acknawlegeing that singular benefite, grace and favour of God bestowit upoun thame be his miraculous and extraordinar delyverie of thair maist gracious soverane frome the horribill and detestable murther and parricide attemptit aganis his majesties maist nobill persone be umquhile Johne, erle of Gowrie and umquhile Maister Alexander Ruthven, his brother, upoun the fyft day of August last bipast, and that it becummis thame with maist humbill and thankfull hartes to give unfenyeit and daylie praise to thair mercyfull God for the saiftie of everie ane of thame selfis and of the haill body of this common wealth preservit fra wrak and utter confusioun be the miraculous and bountefull delyverance of his majestie frome the said treassoun in maner foirsaid; thairfoir oure soverane lord, with advyse and consent of the haill estaittis, statutis and ordinis that in all tymes and ages to cum the fyft day of August sall yeirlie be appointit and keipit in all the presbiteries and parochines within this realme and boundis of his haill dominiouns for publict preacheingis, prayeris and solempne thankis geving to God for his great mercie and favour grantit to this realme and everie member thairof be his majesteis gracious and miraculous preservatioun as said is upoun the said day, and ane perpetuall monument of thair maist humble, hartlie and unfenyeit thankis to God for the samyn; and that all wark, labour and uther occupatiounes quhilkis may in ony sorte distract the people frome the saidis godlie exerceises and thankisgeving yeirlie upoun the day foirsaid sall be foirborne and abstenit fra and that all judges, civill and ecclesiasticall, sall caus the samin to be universallie observit, everieane of thame within the boundis of thair awin jurisdictioun, and sie the controvenaris thairof punischit according to the qualitie of thair transgressioun.
[1600/11/13]*[print] [email] [cite] [preceding] [following]
Forsamekle as it is cleirlie understand be the kingis majestie and estaittis of this realme that the augmentatioun of the patrimonie and revenues of the crowne thairof nocht only serves for the furthsetting and mantenance of his hienes honour and royall estait bot also releiffis greatlie his subjectis of diverse charges and heavie burdingis, thairfoir oure said soverane lord, following the commendabill exampill of his maist nobill progenitouris, with advyse and consent of his majesties estaitis, unitis, annexis and incorporatis to his hienes crowne, thairwith to remane perpetuallie and inseparablie in all tyme cumming, the landis, lordschippis, baroneis, abbacie and utheris underwritten quhilkis may nather be gevin in franctenement, fie or utherwayes, to ony persone of quhatsumevir† estait or degrie without advyse, decrete and delyverance of the haill parliament; and for great, ressonable, proffitable and sene causes concerning the weil fair of the realme, first to be advysit and digestlie considerit be the haill estaittis; and albeit it sall happin oure said soverane lord that now is, or ony of his successouris kingis of Scotland, to annalie or dispone the saidis landis, lordschippis, baroneis, abbacie or utheris underwritten with thair pertinentis, presentlie annexit to the crowne as said is, or ony part thairof, that the said alienationis sall be null and of nane availl and that it sall be lesum to the king for the tyme or his successouris to ressave the saidis landis, levingis, abbacie and utheris foirsaidis with the pertinentis to thair awin use quhan evir it sall pleis thame but ony proces of law, and the taker sall refound and pay all proffeittis that thai have takin up of the saidis landis and utheris foirsaidis to the king for all the tyme that they have had thaime, with sic utheris restrictionis as is contenit in the actis of parliament maid be his majestie and his maist nobill progenitouris, kingis of Scotland, in thair annexatiounes to the crowne and haill former actis of annexatioun, and all and sindrie articlis, provisionis and restrictionis thairin contenit ar haldin as repetit and specialie expressit and comprehendit in this present act. Thir ar the names of the landis and utheris with the pertinentis presentlie annexit to the crowne: all and haill the landis, erldome, lordschip and baronie of Gowrie and Scone; all and haill the landis, lordschip and baronie of Ruthven, Ballerno, Newtoun, Kowgask, Strathbrane, Glenschie and Trochrie; all and haill the landis, lordschippis, baroneis, teyndis, commoditeis and rentis quhilkis pertenit to the abbacie and monasterie of Scone with all and sindrie the landis, lordschippis, baronies, mylnis, multuris, schawes, woddis, parkis, fischeingis, townis, villages, burrowes of regalitie or baronie, tenementis, annualrentis, revisionis, customes, fewfermes, places, houses, biggingis, castellis, touris, maner places, outsettis, yairdis, orchardis, kirkis, teyndis, advocatioun, donatioun and richt of patronage of kirkis, hospitallis, chaplanreis and prebandareis, tenentis, tenendreis and service of frie tennentis, proffeitis, emolumentis, commoditeis and pertinentis quhatsumevir of the samin lordschippis, baroneis, landis, abbacie, benefices, patronages, teyndis and utheris particularlie abonementionat or ony pairt thairof; all and haill the tenement and ludgeing in Perth quhilk pertenit to umquhile Johne, erle of Gowrie, with the yairdis and utheris pertinentis pertening thairto, with all and sindrie utheris landis, lordschippis, baroneis, benefices, rentis and possessionis quhilkis ather pertenit to the said umquhile Johne, sumtyme erle of Gowrie, or to his predecessouris to quhome he wes air or apperant air or to quhilkis onywayis he micht have succedit or have had richt to or wes possest be him be the space of fyve yeiris befoir the committing of the crymes of treassoun, for the quhilkis his memorie and posteritie is foirfaltit and declarit unhabill and incapabill to bruik and posses landis, heretages, benefices, offices or utheris digniteis or commoditeis within this realme, and now pertening to oure said soverane lord and being in his hienes handis be ressoun foirsaid. Attour, oure said soverane lord, with advise foirsaid, suppressis and aboleischis the regaliteis and heretable offices pertening to the said umquhile Johne, erle of Gowrie or his predecessouris or quhilkis wer annexit to ony of the landis, lordschippis and utheris foirsaidis and unitis and incorporatis the samin to his hienes royaltie, thairwith inseperablie to remane in all tyme cumming, and ordinis his comptroller present and tocum to intromett with, uplift and dispone upoun the haill rentis, proffeittis and commoditeis of all and sindrie the lordschippis, baroneis, landis, teyndis, rentis, revenues, proffitteis, commoditeis and utheris quhatsumevir abone specefeit to his hienes propir use and intertenement of his hienes hous and uther honorable chargis belanging to the said office of the terme of [...]† and in all tyme cumming. Finallie, oure said soverane lord, with advyse and consent foirsaid, unitis all and sindrie the landis, lordschippis, baroneis, benefices and utheris particularlie abone mentionat annexit to his hienes crowne as said is, to the said lordschip of Ruthven, now and in all tyme cumming to be callit the lordschip and stewartrie of Huntingtour, and the tennentis, inhabitantis and possessouris thairof to be ansrabill to his hienes stewart of the said lordschip, unitit as said is, with sic fredomes, privilegis and liberteis as ar onywayes competent to ony stewartrie of his hienes propirtie or to the tennentis and induellaris of ony of his hienes propir landis within the realme, exceptand alwayes and reservand furth of this annexatioun all and haill thrid pairt of the landis and baronie of Dirltoun, with the tour, fortilice, maner place thairof, Brakeynpark, Hiefield, Mensles and Menslesmuire, the town and landis of Dirltoun quhilkis wer apprysit be umquhile Maister Adame Ottirburne and redemit be umquhile Dame Jeane Halyburtoun, with mylnis, multuris, cunyngis, cuningeris, fischeingis, alsweill in salt watter as in the fresche, with the advocatioun and donatioun of the provestrie of Dirltoun, with the tennentis, tenandreis and service of frie tennentis of all and haill the landis and baronies of Dirltoun, with all the pertinentis thairof; the thrid pairt of the landis and baronie of Boltoun with mylnis, multuris, tennentis, tennandreis and service of frie tennentis of all and haill the saidis landis and baronie of Boltoun with the pertinentis; the thrid pairt of the landis and baronie of Hassindene and Haliburtoun, mylnis and multuris thairof, advocatioun and donatioun of the chaplanrie of Halyburtoun, with tennentis, tennendreis and service of frie tennentis of all and haill the landis and baronie of Halyburtoun with all the pertinentis; all and haill the superiouritie and tennendreis of the half landis and baronie of Ballegarnout with the pertinentis; all and haill the thrid pairt of the landis and baronie of Abernytie with the mylnis, multuris, mylnlandis, walkmylnis thairof, tennentis, tennendreis and service of frie tennentis of the samin; all and haill thrid part of the halflandis of Forgunduny with the mylnis, multuris, mylnlandis, tennentis, tennandreis and service of frie tennentis of the said halflandis and baronie, advocatioun and donatioun of the chaplanrie of Forgunduny with the pertinentis; all and haill the thrid pairt of the landis and baronie of Segie with mylnis, multuris, mylnlandis thairof, tennentis, tennendreis and service of frie tennentis of all and haill the landis and baronie of Segie, with all and sindrie partis, pendicles and pertinentis, annexis and connexis of all and sindrie the saidis landis and utheris respective abone writtin; quhilkis landis, baroneis and utheris respective abone specefeit ar ordanit be his majestie and estaittis to be disponit heretablie to his hienes familiar and domestiq servitour Schir Thomas Erskeyne of Gogar, knycht, for great, sene and ressonable causes of the realme and ar declarit nawayes to be comprehendit under this present annexatioun nor na clause nor conditioun thairof. As lykwayes exceptand and reserveand furth and fra the said annexatioun all and haill the landis and teyndis of Cowsland with all and sindrie thair pertinentis, quhilkis landis and teyndis with thair haill pertinentis ar lykwayes ordanit be his majestie and estaittis to be disponit heretablie to his hienes faythfull and trustie servitour Schir Hew Heres, knycht, for great, sene, profitable and necessar causes of the realme at lenth expressit in the said Schir Hewis infeftment and securitie of the saidis landis and teyndis grantit to him in this present parliament, quhilkis ar haldin as specialie expressit heirin, and siclyk exceptand and reservand furth of this present annexatioun the yeirlie pensioun of tuentie chalderis victuall thairof, ten chalderis, ten bollis beir, nyne chalderis and sex bollis meill tobe yeirlie uplifted and tane be the said Schir Hew Heres, his airis and assignais furth of the best and rediest payment of the haill fruittis, rentis, maill, fermes, canis, customes and utheris dueteis quhatsumevir of the landis and lordschip of Scone and Gowrie ay and quhill the infeftment of the landis and baronie of Cousland may tak full effect be possessioun in thair persones, ather be deceis of Dame Dorathie Stewart, countes of Gowrie, or be the evictioun of the samin landis and baronie of Cousland fra hir be the law, and howsone the said Schir Hew Heres or his foirsaidis sall happin to recover or injoy all and haill the saidis landis and baronie of Cousland and teyndis thairof that than the said letter of pensioun to remane with his hienes crowne for evir. As alsua exceptand and reservand furth and fra this present annexatioun all and haill the landis of Nather Leiff, teyndis, fewferme, harrage, careage and all utheris dueteis and service quhatsumevir addebtit to be payit furth of the samin of befoir to the erlis of Gowrie, or to the commendataris or convent of Scone or ather of thame; as als all and haill the towne and landis of Durdy Inglis, alias callit Nather Durdy, teyndis, fewfermes, harage, careage and all utheris dueties and service quhatsumevir addebtit to be payit furth of the samin of befoir to the saidis erlis of Gowrie or to the saidis commendataris and convent of Scone or ather of thame to the effect that his majestie may gif and dispone the said landis of Nather Leiff, teyndis, feufermes, hareage, carrage and all utheris dueteis of the samin to George Hay of Nather Leiff, his airis and assignais quhatsumevir heretablie or uther wayes, and the foirsaid towne and landis of Durdy Inglis, alias callit Nather Durdy, teyndis, fewfermes, hareage, carrage and all utheris dueteis thairof to Maister Petir Hay of Durdy, his airis and assignais quhatsumevir heretablie or utherwayes, in sic forme and maner as best sall pleis his majestie. Attoure, his majestie, with advise foirsaid, declaris and ordanis that this present annexatioun of the lordschip and abbacie of Scone to the crowne sall nawayes be hurtfull nor prejudiciall to the yeirlie pensioun of ten chalderis victuall grantit or to be grantit be his hienes to Maister Patrick Galloway furth thairof during all the dayes of his lyfetyme conforme to his gift of pensioun and speciall annexatioun thairof maid or to be maid to him thairupoun, quhilk his hienes, with advyse and consent foirsaid, ratefeis and appreves in all pointis and ordinis gif neid beis that the samin gift be at lenth insert in the buikis of parliament for the said Maister Patrick his better securitie, declaring that the said annexatioun sall nocht be effectuall bot sall be suspendit induring the lyfetyme of the said Maister Patrick insafar as concernis the saidis teyndis disponit or to be disponit to him in maner foirsaid. Allanerlie and siclyk exceptand and reservand furth of this present annexatioun of the erldome and leving of Gowrie to his hienes crowne, all and haill the landis of Craigtoun with the teyndis thairof and the teyndschaves of the landis and towne of Gouktoun, Rybnes, Segydene, Pitfendy, Nather Kynfawnis, Ouer Kynfawnis, Byn and Tullyhow, with thair pertinentis, lyand within the parochin of Kynfawnis, the teyndfische of the fischeingis of Cragtoun, Incherry, Fleiplace, Stobribnodeip, the Cruik and all utheris teynd fischeing pertening to the abbay of Scone fra the wod of Kynnoull to Incherry to the effect that oure soverane lord may gif and dispone the samin to Johne Lyndesay, alias Charteris, eldest sone and apperand air to Harrie Lyndesay, alias Charteris, fear of Kynfawnis, his airis and assignais, to be haldin of his hienes according to the conditioun and maner of halding as the samin wes haldin of befoir of the erlis of Gowrie or abbatis of Scone and for the samin self duetie quhilkis the saidis landis and teyndis wes in use to pay to the erlis of Gowrie or abbattis of Scone befoir the making of this present act.
[1600/11/14]*[print] [email] [cite] [preceding] [following]
The quhilk day Alexander Seytoun, lord Fyvie, president of the college of justice, protestit in name and behalf of the quenis majestie that the foirsaid exceptioun contenit in the act of annexatioun maid in favouris of Schir Hew Heres, knycht, anent the teyndis of the landis of Cowsland, be nawayes prejudiciall to hir majestie nor to ony richt quhilk scho hes or may have in and to the samin teyndis pertening to the lordschip of Dumfermeling, and siclyk that the infeftment or richt maid in this present parliament or to be maid heireftir to the said Schir Hew of the saidis teyndis of Cowsland be nocht prejudiciall to hir majestie and to hir richt of the samin teyndis; the quhilk protestatioun the haill estaittis of parliament grantit and admittit.
[1600/11/15]*[print] [email] [cite] [preceding] [following]
The quhilk day, in presens of oure soverane lord and estaittis of parliament, comperit Maisteris Johne Scharp and Robert Lermonth, procutoris for ane richt nobill and michtie erle, Andro, erle of Rothes, lord Leslie, and producit ane acquittance and discharge maid to him and umquhile Dame Jeane Ruthven, his spous, be umquhile Williame, lord Ruthven, as tutour testamentar to umquhile Henrie, lord Methven, be the quhilk the said umquhile Williame, lord Ruthven, as tutour testamentar foirsaid, grantit him to have ressavit fra the said nobill erle and his said spous the airschip gudis pertening to the said umquhile Henrie, lord Methven, quhilkis ar particularlie specefeit in the foirsaid discharge, and forder grantit him as tutour testamentar foirsaid to have ressavit full and complete payment and delyverance fra the said nobill erle of all uther gudis and geir intrometit with be him and his said umquhile spous quhilkis onywayes pertenit to the said umquhile Lord Methven, and exonerit and dischargit thame thairof and also band and oblist him, his airis and successouris to warrand and keip thame skaithles of the samin at all handis, as in the said acquittance and discharge bering the foirsaid obligation of warrandice of the date at Methven, the auchtene day of Januar the yeir of God jM vC threscoir fourtene yeiris, quhilk the saidis procutoris procurit in judgement, at mair lenth is contenit, and protestit that the proces and dome of foirfaltour led and gevin aganis Johne, sumtyme erle of Gowrie, air be progress and successour to the said umquhile Williame, lord Ruthven suld nawayes hurte the said Andro, erle of Rothes, his airis and successouris anent the said acquittance and discharge bot that he, his airis and successouris micht be relevit of the saidis airschip gudis and utheris gudis contenit thairin at the handis of the airis and successouris of the said umquhile Henrie, lord Methven be ressone of the delyverance of the samin maid be the said Andro, erle of Rothes to the said umquhile Williame, lord Ruthven, tutour testamentar foirsaid, quha at that tyme justlie micht have ressavit the samyn being tutour testamentar as said is; quhilk protestatioun oure said soverane lord and his saidis estaittis in parliament hes admittit and admittis as accordis of the law.
[1600/11/16]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estaittis of his hienes realme convenit in this present parliament, calling to rememberance the lang, trew and thankfull service done to his majestie be umquhile Alexander Erskene of Gogar, maister of Mar, in the educatioun and preservatioun of his majesties maist nobill persone frome his infancie and tendar age, with his ernest cair, foirsicht and diligence to prevent all perellis and dangeris quhilkis micht onywayes appeir to tuiche his majesties persone, honour or estait during the keiping and custodie of his hienes persone committit to his charge, and siclyk his continewall perseverance in his sinceir affectioun towardis his majesties service during all the dayes of his lyfetyme; and thairwithall considering the maist loyall and faythfull service continewit be his familiar and domestiq servitour, Schir Thomas Erskeyne of Gogar, knycht, gentilman of his hienes chalmer and captane of his hienes gard and eldest lauchfull sone to the said umqhile Maister of Mar, towardis his majestie at all tymes, baith befoir his said umquhile fatheris deceis and continewallie sensyne, and specialie the worthynes of the lait nochtable service done to his majestie be the said Schir Thomas upoun the fyft day of August last bipast at Sanct Jounstoun within the great ludgeing of umquhile Johne, sumtyme erle of Gowrie, in the resisting of the unnaturall, ungodlie and abhominable treassoun and conspiracie attemptit be the saidis umquhile erle and umquhile Maister Alexander Ruthven, his brother, aganis his majesteis maist nobill persone, he being for the tyme secretlie and treassonablie convoyit be the said umquhile Maister Alexander Ruthven to ane turret of the said ludgeing, of sett purpois and intentioun thar to have murtherit and bereft his majestie of his lyfe; and being than destitute of all his servantis and standing curagiouslie in the mentyme upoun the defense of his awin lyfe, the said Schir Thomas come to his majesties rescew and releif and exponit his awin lyfe to maist evident perrell and danger of death to the great effusioun of his blude, sched be the saidis traitouris and thair complices in the defence of his majesties persone and be the providence of God assistit his hienes maist valiantlie and curagiouslie in the preserving of his hienes persone furth of thair bludie handis. And seing it hes plesit God to honour the said Schir Thomas with this dignitie by his proveste, manheid and vertew tobe ane of the cheif instrumentis of the preservatioun and delyverie of his majesteis maist royall persone, to his great praise and perpetuall commendatioun, and that thairby his majesteis nobillis and haill estaittis of his hienes realme hes reportit sa rare and singular ane benefite of the saiftie and continuance of thair naturall prince and soverane to regne over thame in justice and equitie to the great glorie of God, tranquilitie of this realme and universall comforte and solace of the haill people, quhilk being great, sene and ressonable causes of the realme and being dewlie and sufficiently verefeit and provin befoir the lordis of the articlis and haill estaittis of this present parliament, thairfoir his majestie, moveit of his princelie honour and conscience to be mindfull of the said maist worthie and acceptable service and to gratifie the said Schir Thomas with sum honorable reward thairfoir to incurage him to perseveir in his sinceir affectioun towardis his majesteis service and to steir and provok all utheris gude subjectis be his gude and lovable exampill to be followeris of his vertue and curage in thair dewtifull obedience and service to his majestie and his successouris cairfull preservatioun and defence of thair lyfes and honouris according to thair bundin duetie, with consent and authoritie of this present parliament, ordanis ane infeftment to be maid under his great seall in dew forme gevand, grantand and disponand to the said Schir Thomas, his airis and assignais hertablie all and haill the thrid part of the landis and baronie of Dirltoun, with the castell, tour, fortilice, maner place, houses, biggingis, yairdis, orchardis, doucattis, woddis, parkis thairof, Braikin Park, Hiefield, Mensles and Mensles Mure, with the landis of the towne of Dirltoun quhilkis wes comprysit be umquhile Maister Adame Ottirburne and wes lauchfullie redemit be umquhile Dame Jeane Halyburtoun, with mylnis, mylnlandis, multuris, lynkis, cunyngis, cuningharis, fischeingis in salt watter and fresche, togidder with the advocatioun and donatioun of the provestrie of Dirltoun, with tennentis, tennandreis, service of frie tennentis of all and haill the landis, lordschip and baronie of Dirltoun with all utheris pairtis, pendiclis, annexis, connexis and pertinentis thairof, lyand within the schirefdome of Edinburgh and constabularie of Hadingtoun; all and haill the thrid pairt of the landis of Boltoun, with mylne, multuris, tennentis, tenandreis, service of frie tennentis thairof and all thair pertinentis, lyand within the constabularie and schirefdome foirsaidis; all and haill the thrid pairt of the landis of Hassindene and Halyburtoun, with mylnis, mylnlandis thairof, advocatioun and donatioun of the chaplanrie of Halyburtoun, with tenentis, tenandreis, service of frie tennentis of all and sindrie the landis foirsaidis with thair pertinentis, lyand within the schirefdome of Beruik; all and haill the superiouritie and tenandrie of the half landis and baronie of Ballegarno with the pertinentis, with tennentis, tennandreis and service of frie tennentis of the saidis half landis and baronie; all and haill the thrid pairt of all and haill the landis and baronie of Abernytie, with the mylnis, multuris, mylnlandis, walkmylnis thairof, tennentis, tenendreis and service of frie tennentis of the samin; all and haill the thrid pairt of the landis and baronie of Fergundeny, with the mylnis, multuris, mylnlandis, tenentis, tenendreis and service of frie tennentis of the saidis half landis and baronie, advocatioun and donatioun of the chaplanrie of Fergundeny, all lyand within the schirefdome of Perth; all and haill the thrid pairt of the landis and baronie of Segie, with the mylnis, multuris, mylnlandis thairof, tennentis, tenandreis and service of frie tennentis of the samin landis and baronie with all and sindrie pairtis, pendiclis, annexis, connexis, outsettis and pertinentis thairof, lyand within the schrefdome of Kinross; quhilkis landis, baroneis and utheris respective abone specefeit with thair pertinentis pertenit to the said umquhile Johne, sumtyme erle of Gowrie, heretablie, at the leist the said umquhile had richt to succede thairto as apperand air to umquhile James, erle of Gowrie, his brother, or umquhile Williame, erle of Gowrie, his father, quha wes heretablie infeft and seasit in the samyn. And now the saidis landis, baroneis and utheris respective foirsaidis pertenis to oure said soverane lord, fallin and becum in his hienes handis and at his hienes gift and dispositioun of escheat throw the proces and dome of foirfaltour ordourlie led and deducit aganis the said umquhile Johne, sumtyme erle of Goury, and the said umquhile Maister Alexander Ruthven, his brother, for certane crymes of tressoun and lesemajestie committit be thame off the quhilkis they wer convict in this present parliament, as the said proces and sence of foirfaltour pronuncit aganis thame at mair lenth beris, or be vertue of quhatsumevir uther richt, cause or occasioun that the samyn landis, baroneis and utheris particularlie abonementionat may fall and becum in his hienes handis. And for the said Schir Thomas and his foirsaidis better securitie, gevand and disponand to thame the escheat of all and quhatsumevir reversiounis, bandis, contractis, obligationis or promeses for makeing of reversionis maid and grantit be quhatsumevir persone or persones to the said umquhile Johne, sumtyme erle of Gowrie, or ony of his predecessouris for redemptioun of the saidis landis, baroneis and utheris respective foirsaidis, with thair pertinentis or ony pairt thairof, with all utheris richtis, titillis, contractis, bondis and obligationis maid and consavit in favouris of the said umquhile Johne, sumtyme erle of Gowrie, or ony utheris his predecessouris or in favouris of the said umquhile Maister Alexander Ruthven, his brother, quhairby the propirtie and possessioun of the saidis landis, baroneis and utheris respective abone specefeit, with thair pertinentis or ony pairt thairof, micht have returnit and pertenit to thame or ather of thame or quhairby they or ather of thame micht have clamit or recoverit ony richt, titill, propirtie or possessioun of the samyn landis, baroneis and utheris foirsaidis or ony pairt thairof now pertening lykwayes to oure said soverane lord and at his hienes gift and dispositioun be ressone of escheat throw the proces and dome of foirfaltour foirsaid ordourlie led and deducit aganis the said umquhile Johne, sumtyme erle of Gowrie, and the said umquhile Maister Alexander, his brother, as said is, with full power to the said Schir Thomas and his foirsaidis to call and persew the havearis of the saidis reversionis, contractis, bandis, obligationis, richtis and securiteis for the delyverie of the samin to thame and to use all necessesar executioun thairupoun for fulfilling of the samin to thame and to redeme and outquit the landis and utheris abonespecefeit be vertew of the saidis revisionis conforme to the tennour of the samin and to do, use and exerce all utheris thingis necessesar for recovering and obtenyng of the richt and possessioun of the saidis landis, baroneis and utheris respective foirsaidis and everie pairt thairof siclyk and als frelie in all respectis as the said sumtyme erle or ony of his predecessouris or the said umquhile Maister Alexander or ony of thame micht have done thame selfis be vertue of the samin reversionis, richtis and evidentis; and siclyk renunceand and transferand for his hienes and his successouris all richt, titill, interes, clame of richt, baith propirtie and possessioun, quhilkis his hienes or his successouris may clame, have or pretend in and to the saidis landis, baroneis and utheris respective abone specefeit or ony pairt of the samyn be ressoun of warde, releif, nonenteress, recognitionis, foirfaltour, bastardrie, purpresture, disclamatioun or for quhatsumevir uther cause or occasioun present, bigane or tocum to the said Schir Thomas, his airis and assignais heretablie for now and evir cum supplemento omnium defectuum et cum pacto de nom petendo; and for the said Schir Thomas' better securitie of all and haill the saidis landis, lordschip and baronie of Dirltoun and utheris foirsaidis principallie disponit to him as said is and in speciall clause of warrandice therof, gevand, grantand and disponand to the said Schir Thomas, his airis and assignais all and haill the landis, baroneis, mylnis, mylnlandis and utheris eftirspecefeit of the lordschip of Striviling schire, with the haill maillis, fermes, proffeittis, commoditeis, customes, gressumes and utheris casualteis and dueteis quhatsumevir pertening to his majestie as ane pairt of his propirtie, viz: all and sindrie the landis and baroneis of Tullicultrie, with the touris, fortilices, maner places, houses, biggingis, yairdis, orchardis, mylnis, multuris, fischeingis, maillis, fewfermes, canis, customes, tennentis, tenandreis and service of frie tennentis thairof and thair pertinentis, lyand within the schirefdome of Clakmannane; and all and sindrie the landis of Cornetown; all and sindrie the landis of Bothkinner, the landis of Maner, the landis of Powhous, the landis of Logy, the landis of Blairlogie, the landis of Skeoch, alias Blairgib, the mylne of Skeoch, the landis of Greneyeardis, the landis of Walkershill and Walkmyln respective, with touris, fortalices, maner places, houses, biggingis, yeardis, orcheardis, mylnis, multuris, fischeingis, maillis, fewfermes, canis, customes, casualiteis, gressumes, rentis and dueteis thairof, tennentis, tennendreis and service of frie tennentis of the samin and all thair pertinentis lyand within the said lordschip of Striveling and schrefdome thairof and that in speciall warrandice of the landis, baroneis and utheris respective abone specefeit principallie disponit as said is, sua that gif it sall happin the said Schir Thomas or his foirsaidis tobe inquietit, molestit or trublit in the peciable bruiking and joising thairof or in the intrometting and uplifting of the maillis, fermes, profeittis and dueteis of the samyn or ony pairt thairof or the samin to be evictit fra thame, in that caise it sall be lesum to the said Schir Thomas and his foirsaidis to have full and frie regress and ingress in and to the propirtie and possessioun of the saidis landis and lordschip of Striviling schire, haill maillis, fermes, kanis, custumes, proffeittis, casualiteis and utheris dueteis quhatsumevir belang thairto. And to the effect that the said infeftment of warrandice of the saidis landis and lordschip of Strivilingschire may be gude, valide and effectuall in the self to the said Schir Thomas, his airis and assignais in all tyme cumming, his majestie, of his awin propir motive and certane knawlege, with consent and authoritie of this present parliament, inrespect of the said great, sene and ressonable causes moveing his majestie to the granting heirof, allowit and approvin be his hienes estaittis as said is, has dissolvit and be thir presentis dissolvis all and haill the saidis landis and lordschip of Strivilingschire fra all annexationis thairof to the crowne maid be his hienes or ony of his predecessouris to the effect the samyn may be disponit in frie blanche ferme in maner abonewrittin to the said Schir Thomas, his airis and assignais in speciall securitie and warrandice of the saidis landis and baronie of Dirltoun and utheris foirsaidis principallie disponit to him as said is; and als the samyn infeftment sall contene ane unioun of all and haill the saidis landis and baronie of Dirltoun and utheris respective abonespecefeit disponit principallie as said is and erectioun thairof in ane frie baronie, to be callit in all tyme cumming the baronie of Dirltoun, and that ane seasing to be tane at the place and castell of Dirltoun sall be sufficient to the said Schir Thomas, his airis and assignais for all the particular landis above mentionat togidder with ane unioun of all and sindrie the saidis landis and baroneis of the lordschip of Strivilingschire disponit to him in clause of warrandice as said is and erectioun thairof in ane frie baronie, to be callit the baronie of [...], and that ane seasing to be tane upoun the ground of the landis of [...] sall be ane sufficient saising to the said Schir Thomas, his airis and assignais for all and sindrie the saidis particular landis of the said lordschip of Strivilingschire, nochtwithstanding that the samyn landis lyis discontigue all the saidis landis and utheris respective foirsaidis principall and warrandice to be haldin of oure said soverane lord and his successouris in frie heretage, frie blanche ferme and frie baronie for evir with all privilegis and liberteis pertening to frie baroneis in maist ampill forme, for yeirlie payment thairfoir to oure soverane lord and his successouris of ane silver penny at the feist of Witsonday in name of blenche ferme gif it beis askit alanerlie. And that the said infeftment be expede in dew forme with extensioun of all clauses neidfull, ordaning his hienes great seall and the seallis of the lordis of his parliament to be appendit thairto, quhilk infeftment, with the seasing to follow therupoun, his majestie, with advyse and consent foirsaid, now as gif the samin wer maid and grantit and than as now, ratefeis and apprevis in all heidis, clauses, articlis, provisionis and conditionis thairof and findis and declaris that the changeing of the auld halding of the saidis landis and baronie of Dirltoun and utheris respective abone mentionat principallie disponit as said is fra waird to blenche, togidder with the dispositioun of the saidis landis and baroneis of the lordschip of Strivilingschire in warrandice thairof to be haldin in lyke maner be him in frie blenche ferme as said is, is weill and lauchfullie done be his majestie with the mature deliberatioun and advyse of the estaittis of parliament for the grete, sene and ressonable cause to the realme, and that the samin is and sall be in all tyme cuming gude, valide and effectuall richtis to the said Schir Thomas, his airis and assignais for bruiking and joising of the saidis landis and baroneis baith principall and warrandice in frie blenche, nochtwithstanding that the saidis landis and baronie of Dirltoun and utheris respective abone specefeit principallie disponit as said is wer haldin be service of waird and releif of befoir, and nochtwithstanding that the saidis land and lordschip of Strivilingschire wes his hienes annexit propirtie, and nochtwithstanding of quhatsumevir actis of annexatioun thairof to the crowne maid be his hienes or his predecessouris, ony clause or conditioun thairof, or of quhatsumevir utheris actis, lawis or constitutionis maid or to be maid in the contrair, forbidding the changeing of waird halding in blenche and all kynd of dispositioun of the kingis propirtie utherwayes nor in fewferme and with augmentatioun of the rentall or dispositioun in few of the fewfermes; with the quhilkis actis and everie ane of thame, and all utheris quhlkis may onywayes prejudge or dirogat the said infeftment halding thairin contenit, baith of the principall and warrandice, or ony utheris clauses, liberteis, privilegis, provisionis and conditionis specefeit thairintill, his majestie and estaittis foirsaidis expreslie dispensis and makis full derogatioun to the samyn insafar as they may be extendit in onywayes to the saidis landis and baroneis, baith principall and warrandice, to the effect the said Schir Thomas, his airis and assignais may peceablie bruik, joise and posses all and haill the saidis landis, baroneis and utheris respective abone mentionat eftir the forme and tennour of his said infeftment to be maid to him thairupoun but ony revocatioun, contradictioun or agane calling quhatsumevir.
[1600/11/17]*[print] [email] [cite] [preceding] [following]
Forsamekle as it is understand be his majestie and estaittis of this present parliament that Dame Dorathie Stewart, relict of umquhile Williame, erle of Gowrie, is in present possesioun of all and haill the thrid part of the landis, lordschip and baronie of Dirltoun and pretendis hir to have richt of the lyfrent of the samin, quhairthrow the infeftment maid be his majestie, with consent of the saidis estaittis, to his familiar and domestiq servitour Schir Thomas Erskeyne of Gogar, knycht, his airis and assignais of the saidis landis and baronie of Dirltoun can nocht presentlie tak effect be possessioun in his persone quhill the qualitie of hir richt be tryit be the law; thairfoir his majestie, respecting the lait worthie and nochtable service done be the said Schir Thomas in defence and preservatioun of his majesteis lyfe aganis the abhominable treassoun conspyrit and attemptit be umquhile Johne, sumtyme erle of Gowrie and umquhile Maister Alexander Ruthven, his brother, aganis his majesteis maist nobill persone and lyfe upoun the fyft day of August last bipast within his awin great ludgeing of the towne of Sanct Jounstoun, and willing to gratifie the said Schir Thomas, his airis and assignais with the yeirlie pensioun underwrittin furth of his awin propirtie ay and quhill his said infeftment of the saidis landis and baronie of Dirltoun may tak full effect be possessioun in thair persones, ather be the deceis of the said Dame Dorathie Stewart or be the evictioun of the samyn landis and baronie of Dirltoun fra hir be the law, with advyse and consent of this present parliament, gevis, grantis and disponis to the said Schir Thomas and his airis ane yeirlie pensioun of tuelf chalderis victuall to be yeirlie upliftit and tane be the said Schir Thomas and his foirsaidis furth of the best and reddiest payment of the haill fruittis, rentis, maillis, fermes, canis, custumes and utheris dueteis quhatsumevir of the landis and lordschip of Strivilingschire, his first entrie thairto to be and begin in this instant crop and yeir of God jM sex hundreth yeiris and sua furth yeirlie during the space foirsaid; and for the mair sure payment thairof his majestie, with consent foirsaid, assignis and disponis to the said Schir Thomas and his airis the fermis, canis, custumes and utheris dueties of the landis particularlie eftirspecefeit, viz: the landis of Blair Logy, payand yeirlie ane chalder quheat, ane chalder malt; the landis of Inveralloun, with the myln, payand yeirlie ane chalder quheat, ane chalder beir; the landis of Logy, payand yeirlie tua chalderis malt; the landis of Powhouse, alias Maner, payand yeirlie ane chalder quheat, ane chalder malt; the landis of Skeauch, alias Blairgib, payand yeirlie fourtene bollis beir; the landis of Greneyairdis, payand yeirlie ten bollis malt; the myln of Skeoch, thrie bollis malt; Walkmyln and Walkershill, ane boll malt; and, out of the landis of Corntoune, tua chalderis, four bollis beir, and ordinis the said Schir Thomas and his foirsaidis to be thankfullie answerit and obeyit of all and haill the fermes, maillis and dueteis of the landis particularlie abonespecefeit of this present crop and yeir of God jM and sex hundreth yeiris instant and siclyk yeirlie in tyme cumming during the space foirsaid. And seing the said pensioun is grantit for great, sene and ressonable causes of the realme, thairfoir his majestie and estaittis foirsaidis decernis and declaris that the annexatioun of the saidis landis to the crowne sall be na cause of nullitie nor reductioun of the said pensioun, nor that the samyn nawayes fallis nor sall fall under his majesties revocationis, generall or speciall, nor sall nawayes be comprehendit under the samyn nor na utheris lawis nor actis of parliament maid or to be maid in the contrair, annulling all pensionis furth of his hienes propirtie, with the quhilkis actis of parliament, baith generall and speciall, quhilkis may be prejudiciall in onywayes to this present gift and pensioun, his hienes, with advyse and consent foirsaid, expreslie dispensis and makis express dirogatioun thairto be the authoritie of this present act in sic sorte that the said Schir Thomas and his airis sall bruik and joise peceablie the said pensioun of tuelf chalderis victuall during the space foirsaid but ony truble or impediment to be maid to thame thairintill, dischargeing his hienes comptroller present and to cum of all trubling, persewing, chargeing, poinding or molesting of the said Schir Thomas and his airis in the peceabill bruiking, joising and possessioun of the said pensioun or of the fewaris, firmoraris, tennentis, takismen and utheris possessouris of the landis foirsaidis addebtit in payment thairof during the space abonewrittin, and siclyk commanding the lordis auditouris of his hienes chekker to allow the said yeirlie pensioun to the said Schir Thomas and his foirsaidis and als chargeing the lordis of his hienes sessioun to grant and direct lettres of hornyng at the said Schir Thomas instance aganis the saidis fewaris, firmoraris, tennentis, takismen and possessouris of the saidis landis to answer, obey and mak thankfull payment to the said Schir Thomas and his foirsaidis of all and sindrie the maillis, fermes, kanis, proffeittis and dueteis of the saidis landis of the said crop and yeir of God jM and sex hundreth yeiris and siclyk yeirlie in tyme cumming during the space foirsaid upoun ane simple charge of ten dayes alanerlie. Attour, oure said soverane lord, with advyse foirsaid, declaris that the act of dissolutioun sall be extendit to this present pensioun during this space thairof foirsaid provyding alwayes that sasone as it sall happin the said Schir Thomas or his airis to recover and injoy the peceable possessioun of all and haill the saidis landis and baronie of Dirltoun and utheris specefeit in his infeftment be the deceis of the said Dame Dorathie Stewart, or utherwayes be the ordour of law, that than and in that caise this present letter of pensioun sall ceis and expyre in the self; and siclyk provyding that this present gift and pensioun sall nawayes be prejudiciall to the said Schir Thomas infeftment of the saidis landis and baronie of Dirltoun and utheris specefeit thairintill principally disponit to him and of the haill landis and lordschip of Strivilingschire disponit to him in clause of warrandice thairof. And for the said Schir Thomas better securitie of the premises, his majestie, with advyse foirsaid, ordanis gif neid beis ane letter of pensioun to be maid be his hienes and his comptroller undir the privie seall in dew forme gevand, grantand and disponand to the said Schir Thomas and his foirsaidis all and haill the said yeirlie pensioun of tuelf chalderis victuall, contening the speciall assignatioun thairof abonementionat with all the rest of the provisionis and conditionis abonespecefeit and that the said letter of pensioun be extendit in the best forme with all clauses neidfull.
[1600/11/18]*[print] [email] [cite] [preceding] [following]
Forsamekill as it is understand be his majestie and estaittis of this present parliament that Dame Dorathie Stewart, relict of umquhile Williame, erle of Gowrie, is in present possessioun of all and haill the towne, landis and baronie of Cowsland, with the pertinentis, lyand within the schirefdome of Edinburgh, quhairthrow the heretable infeftment maid thairof be his majestie, with consent of the saidis estaittis, to his familiar and domestiq servitour Schir Hew Heres, gentilman of his hienes chalmer, can nocht presentlie tak effect in his persone quhill the qualitie of hir richt be tryit be the law; thairfoir, his majestie, respecting the laitt worthie and nochtable service done be the said Schir Hew in defence and preservatioun of his majesties lyfe aganis the abhominable treassoun conspyrit and attemptit be umquhile Johne, sumtyme erle of Gowrie, and umquhile Maister Alexander Ruthven, his brother, aganis his majesteis maist nobill persone and lyfe upoun the fyft day of August last bipast within the said sumtyme erlis awin great ludgeing in the towne of Sanct Jounstoun, and willing to gratifie the said Schir Hew, his airis and assignais with the yeirlie pensioun underwrittin furth of his hienes propirtie ay and quhill the said infeftment of the saidis landis and baronie of Cousland may tak full effect be possessioun in thair persones, ather be deceis of the said Dame Dorathie Stewart or be the evictioun of the samyn landis and baronie of Cousland fra hir be the law, with advyse and consent of this present parliament, gevis, grantis and disponis to the said Schir Hew, his airis and assignais ane yeirlie pensioun of twentie chalderis victuall thairof, ten chalderis, ten bollis beir, nyne chalderis and sex bollis meill to be yeirlie upliftit and tane be the said Schir Hew and his foirsaidis furth of the best and reddiest payment of the haill fruittis, rentis, maillis, fermis, canis, customes and utheris dueteis quhatsumevir of the landis and lordschip of Scone and Gowrie, his first entrie thairto to be and begin in this instant crop and yeir of God jM and sex hundreth yeiris and sua furth yeirlie during the space foirsaid. And for the mair sure payment thairof his majestie, with consent foirsaid, specialie assignis and disponis to the said Schir Hew, his airis and assignais the fermes and dueteis of the particular landis eftir specefeit, viz: threttene bollis, tua firlottis beir, tuentie bollis meill furth of the landis of Blair pertenyng to George Drummond of Blair; four bollis meill, four bollis, tua firlottis beir furth of the saidis landis of Blair possessit be [...], relict of umquhile David Nairne in Blair; sex bollis beir, fourtene bollis meill furth of the landis of Litill Blair pertening to Andro Hering of Litill Blair; threttie thrie bollis beir furth of the landis of Clevin pertening to Williame Ogilvy of Clevin; sex bollis beir, ten bollis meill furth of the landis of Freirtoun pertening to Andro and Alexander Blairis of Freirtoun; fyve bollis beir furth of the landis of Polkmyln possessit be Williame Broun thair; four bollis beir furth of the landis of Bonhard pertening to Adame Hepburne of Bonhard; aucht bollis, ane firlott beir, ten bollis, tua firlottis meill furth of the landis of Balformok pertening to Robert Grahame of Balformok; aucht bollis beir, ten bollis meill furth of the landis of Arnebothie pertening to Patrik Lyndesay of Arnebothie; tua bollis beir, four bollis meill furth of the landis of Spoutwallis pertening to Johne Rattry of Spowtwallis; sevintene bollis meill furth of the landis of Ewelyk pertening to Johne Lyndesay of Ewelyk; tua bollis, tua firlottis beir, sex bollis, tua firlottis meill furth of the landis of Boghall possest be Johne Lyndesay; four bollis beir, ten bollis meill furth of the landis of Gairdrum possest be Johne Chalmer thair; tuentie sex bollis, ane firlott, ane peck beir, aucht bollis meill furth of the landis of Clein possest be Andro Sym thair; fourtene bollis beir and aucht bollis meill furth of the saidis landis of Clein possest be Johne Ogilvy thair; tua bollis beir, ten bollis meill furth of the landis of Nather Collave possest be James Kinross and [...], relict of umquhile Johne Wallace thair; threttie sex bollis beir furth of the saidis landis of Nather Collave possest be Laurence Drummond thair; threttein bollis beir furth of the landis of Clein possest be Johne Lyttil thair [...] [...],† extending in the haill to the saidis tuentie chalderis victuall abonespecefeit. And in speciall warrandice of the said pensioun gevand and disponand to the said Schir Hew, his airis and assignais foirsaidis all and sindrie the fewfermes and dueteis of the landis respective eftir specefeit, being ane pairt of his hienes propirtie, that is to say the fewfermes of the landis and baronie of Largo, extending yeirlie to fyve chalderis aittis, thre chalderis, aucht bollis beir and ane chalder, ten bollis quheate; the fewfermes of the landis of Ardeth, extending yeirlie to four chalderis, four bollis beir and thrie chalderis, four bollis quheat; and the fewfermes of the landis of Rathelett, with thair pertinentis, extending yeirlie to tua chalderis, four bollis beir and ten bollis quheat; and that in speciall warrandice and securitie of the principall pensioun foirsaid sua that gif it salhappin the said Schir Hew or his foirsaidis to be trublit, inquietit or molestit in the peceable bruiking and joising thairof or the samin to be evictit fra thame be restitutioun of the said sumtyme erle, reductioun of his foirfaltour or be quhatsumevir uther maner of way, that than and in that caise the said Schir Hew and his foirsaidis sall have als oft full and frie regress, ingress and accesce in and to all and sindrie the saidis fewfermes of the saidis landis of Largo, Ardeth and Rathelett, with thair pertinentis, gevin in warrandice foirsaid, to be bruikit and joisit be thame ay and quhill thai may peciablie and frelie bruik the said principall pensioun, but trublance as said is, and ordinis the said Schir Hew and his foirsaidis to be thankfully answerit and obeyit of the said pensioun of this present crop and yeir of God jM and sex hundreth yeiris instant and siclyk yeirlie in tyme cumming during the space foirsaid. And seing the said pensioun is grantit for great, sene and ressonable causes of the realme, thairfoir his majestie and estaittis foirsaide decernis and declaris that the annexatioun of the saidis landis to the crowne sall be na cause of annulling or reductioun of the said pensioun nor that the samin nawayes fallis nor sall fall under his majesteis revocationis, speciall nor generall, nor sall nawayes be comprehendit under the samin nor na utheris lawis or actis of parliament maid or to be maid thairanent in tyme cumming, annulling all pensiounis furth of his hienes propirtie or annexit landis, with the quhilkis actis of parliament, baith generall and speciall, quhilkis may be prejudiciall in onywayes to this present gift and pensioun, his hienes, with advyse and consent foirsaid, expreslie dispensis and makis express dirogatioun thairto be the authoritie of this present act in sic sorte that the said Schir Hew, his airis and assignais sall bruik and jois peceablie the said pensioun of tuentie chalderis victuall during the space foirsaid but ony trubill or impediment to be maid to thame, thairintill dischargeing his hienes comptroller and collectour and all thair officiaris present and to cum of all trubling, persewing, chargeing, poinding or molesting of the said Schir Hew, his airis and assignais in the peceabill bruiking, joising and possessing of the said pensioun or of the fewaris, fermoraris, tennentis, takismen and utheris possessouris of the saidis landis addebtit in payment thairof during the space abonementionat; and siclyk commanding the lordis auditouris of his hienes chekker to allow the said yeirlie pensioun to the said Schir Hew and his foirsaidis and als chargeing the lordis of his hienes sessioun to grant and direct lettres of horning and poinding at the said Schir Hewes instance chargeing the saidis fewaris, tennentis, fermoraris, takismen and possessouris of the saidis landis to answer, obey and mak thankfull payment to the said Schir Hew and his foirsaidis of all and sindrie the saidis fermes and duiteis of the saidis landis of the said crop and yeir of God jM and sex hundreth yeiris instant and siclyk yeirlie in tyme cumming during the space foirsaid upoun ane simple charge of ten dayes alanerlie. Attoure, oure soverane lord, with advyse foirsaid, findis and declaris that the act of dissolutioun sall be extendit to this present pensioun during the space thairof foirsaid, provyding alwayes that sasone as it salhappin the said Schir Hew, his airis and assignais to recover and injoy the peciable possessioun of all and haill the saidis landis and baronie of Cousland and teyndis thairof and utheris specefeit in his infeftment be the deceis of the said Dame Dorathie Stewart or utherwayes be the ordour of law, that than and in that caise this present letter of pensioun sall ceis and expyre in the self; and lykwayes provyding that this present gift and pensioun sall nawayes be prejudiciall to the said Schir Hewes infeftment of the saidis landis and baronie of Cousland and utheris specefeit thairintill, alsweill principall as warrandice, and for the said Schir Hewes better securitie of the premises, his majestie, with advyse foirsaid, ordinis gif neid beis ane letter of pensioun to be maid be his hienes and his comptroller and collectour and all utheris officiaris quhome it efferis under the privie seall in dew forme, gevand, grantand and disponand to the said Schir Hew and his foirsaidis all and haill the said yeirlie pensioun of tuentie chalderis victuall, contening the speciall assignatioun thairof abonewrittin with all the rest of the provisionis and conditionis abonespecefeit and that the said letter be extendit in the best forme with all clauses neidfull.
[1600/11/19]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estaittis of this present, parliament calling to rememberance the maist excellent and singular service done to his majestie and to this haill realme upoun the fyft day of August last bipast be Schir Johne Ramsay of Eist Barnis, knycht, at Perth, within the ludgeing of umquhile Johne, sumtyme erle of Gowrie, in assisting, defending and revengeing of his majestie aganis the said sumtyme erle and umquhile Maister Alexander Ruthven, his brothir, quha, haveing maist diffinalatlie and falslie upoun pretence of great service to be done be the said Maister Alexander to his majestie, allurit his hienes to cum frome Falkland to the said burgh of Perth to the said sumtyme erlis ludgeing; and thair the said umquhile Maister Alexander having maist secretlie and tressonablie convoyit his hienes to the turret of the said ludgeing upoun sett purpose to have cruellie and vyilelie murtherit his majestie be assistance of ane armit man inclosit thairin be the saidis sumtyme erle and Maister Alexander, and preparit with armor and wappinnis necessesar for that wickit purpose, and the said umquhile Maister Alexander, with maist vyile language and horrible crueltie, haveing than tressonablie put violent handis in his graces maist sacred persone, offerring him self to the uttermost of his rage and malice to have bereft his majestie of his lyfe and only stayit be that couragious resistance quhilk his majestie, destitute of all maner of armour, wappinnis or uther help, culd possiblie mak, at last, be the mercyfull providence and savour of God, his hienes, cumming to the window of the said turrett perforce and despytte of the said umquhile Maister Alexander, and be his cry making warning to his grace faythfull servandis and subjectis, being of accident upoun the streitt foiranent the said window, of the foirsaid maist horribill interpryse and tressonable violence useit aganis his maist royall persone and lyfe, the said Schir Johne Ramsay, albeit at that tyme forder removeit fra the place of his hienes danger nor the maist pairt of his hienes remanent faythfull servitouris yit led be the spirit of God and vehement affectioun to spend his lyfe in saiftie of his maist gracious prince and maister, come with sa wonderfull diligence to his majesties releif that entering befoir all utheris within the said chalmer quhair his hienes wes sa tressonablie and cruellie assalyeit and persewit and finding his majestie without armour or wappinnis in that wonderfull distres and stryf aganis that desperat tratour provydit for that purpose, the said Schir Johne maid sic help to his majestie that eftir certane woundis gevin with his dager to the said Maister Alexander expellit him furth of the said chalmer, foirseing the danger that micht ensew be the said umquhiile erle his prosecuting of the said tressonable interpryse. For better resistence thairof, the said Schir Johne callit Schir Thomas Erskeyne of Gogar and Schir Hew Heres to his hienes defence, quha scarslie culd with sic diligence cum to the said Schir Johne as the foirsaid sumtyme erle, accumpanyit with ane great number of desperat tratouris spedelie following and fercelie invading thame in the said chalmer for slauchter of his majestie, and his saidis faythfull servandis reddie to die in his defence, and haveing be the advantage of armour and number of his complices reducit thame to verry great extremitie, at lenth the said Schir Johne Ramsay, with mervellous valoure and divyne succes, assailyeit sa curagiouslie the saidis tratouris that haveing strikin the said erle throw the heart and woundit sindrie of his tressonable complices expellit thame with assistance of the said Schir Thomas and Schir Hew furth of the said chalmer, quhairby thair haill devillische interpryses wer dissappointit be the great providence of God and curagiouslie resistance of the kingis majestie, with the faythfull concurrence of the said Schir Johne and remanent his grace faythfull servitouris his hienes wes miraculouslie preservit and the haill estaittis, body and memberis of this commoun wealth thairby deliverit frome extreme danger of confusioun, wrak and utter subversioun. Quhilk being manefest and nochtour to this haill realme and cleirlie and evidentlie verefeit, tryit and provin to the haill estaittis convenit in this present parliament and fundin be thame the maist singular and happie service that culd fall in ane subjectis hand to do to his prince and to have tendit to the hichest blessing and weill that culd have bene wischit of God to this realme, oure said soverane lord and estaittis foirsaidis, willing to gratifie and rewarde the said Schir Johne Ramsay and his airis, findis, decernis and declaris that the said service done be him in maner abonementionat is great, wechtie and acceptible service to his majestie and to this haill realme, and that the landis eftir specefeit, disponit to the said Schir Johne for the samyn, ar disponit for great, sene and ressonable causes of the realme. For the quhilkis causes, albeit his hienes annexit propirtie may nocht be disponit be his majestie, his predecessouris or successouris, yit, in the first act of annexatioun of landis to the crowne maid be King James the secund of maist nobill and worthie memorie, it is exceptit, considerit and provydit that the annexit landis to the crowne may be disponit be the kingis of Scotland be advyse, delyverance and decrete of the haill parliament for great, sene and wechtie causes of the realme; and sua the singular service abonementionat being fundin and declarit be his majestie and haillestaittis of this parliament to be ane great, seand and ressonable cause of the realme for the quhilk his majestie may dispone the landis underwrittin, thairfoir oure soverane lord, with advyse of the haill estaittis of this present parliament, ordanis ane chartour to be maid under the great seall in dew forme in favouris of the said Schir Johne Ramsay, his airis and assignais contening the narrative abonespecefeit and makand mentioun that it is fundin and declarit be act of this present parliament that the said Schir Johne Ramsay his service abonementionat is fundin, decernit and declarit ane great, seand and ressonable cause, tending to the weill of his majestie and of this haill realme, for granting and disponing to the said Schir Johne and that the† foirsaidis estaittis may dispone to the said Schir Johne the landis underwrittin, gevand, grantand and disponand to the said Schir Johne Ramsay, his airis and assignais heretablie the landis of Eistbarnis, occupyit presentlie be Johne Brysoun thair, payand yeirlie fyftie tua bollis and tua peckis, half quheat, half beir; Johne Gulane thair, payand yeirlie fyftie tua bollis and tua peckis, half quheat and half beir; Williame Maslett thair, payand yeirlie fyftie tua bollis, tua peckis; George Smyth thair, payand yeirlie tuentie sex bollis, ane peck; Johne Purves thair, payand yeirlie xxvj bollis, ane peck quheat and beir; [...] Purves thair, payand tuentie sex bollis, ane peck quheat and beir; George Maslet thair, payand yeirlie xxvj bollis, ane peck; and Williame Wolf thair, payand yeirlie xxvj bollis, ane peck quheat and beir; the landis of Newtounleis, occupyit be Maister Johne Achesoun payand yeirlie threscoir tuelf bollis, iij peckis quheat and beir; the landis of Rig and Fluiris, occupyit be Williame Kellie, thesaurar of Dunbar, payand yeirlie threttie thrie bollis, ane [...],† Williame Nesbit, portioner of Newtoun, payand yeirlie tuentie [...]† extending to tuentie sex chalderis victuall of the[...]† tennentis, tenandreis, service of frie tennentis parti[...],† lyand in the parochin and lordschip of Dunbar wi[...]†[...]dome of Edinburgh, to be haldin of oure soverane lord and his grace successouris in frie blenche for payment of ane reid rose yeirlie upoun the fyft day of August in name of blenche ferme, gif it be askit alanerlie, with power to reduce all and quhatsumevir infeftmentis, richtis and titill maid to quhatsumevir persones of the foirsaidis landis or ony pairt thairof for ony cause, ground or occasioun competent of the law, and to sett the samyn in fewferme or utherwayes dispone thairupoun at his plesure in all tyme cumming. And to the effect the foirsaid infeftment of the landis abonewrittin may be effectuall and stand perpetually valide to the said Schir Johne Ramsay, his airis and assignais, oure soverane lord, with advyse of the saidis estaittis, dissolvis the saidis landis particularlie abone rehersit, unioun and annexatioun thairof fra the patrimonie of the crowne in all tyme cumming as gif the samyn had nevir bene annexit to the effect abone mentionat; and lykwayes his majestie, with advyse of the saidis estaittis, for the gude, trew and thankfull service foirsaid, be the tennour heirof, grantis and disponis to the said Schir Johne Ramsay the haill fermes and dueteis of all and sindrie the townis and landis particularlie abonerehersit of the crop and yeir of God jM and sex hundreth yeiris instant, with power to him to uplift, ressave and intromett with the samin fra the tennentis, occupiaris and possessouris thairof to his awin behuif and utilitie and upoun his ressait to grant acquittances, quhilk sall be sufficient to the ressavearis as gif his majestie and his comptroller had ressavit the samin and gif discharges therupoun.
[1600/11/20]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estaittis of his hienes realme convenit in this present parliament, calling to rememberance the gude, trew and thankfull service done to his majestie this lang tyme bigane be his familiar and domestiq servitour Schir Hew Heres, gentilman of his majesties chalmer, nocht onlie within this realme bot alsua in forane cuntreyes quhair he hes bene imployit be his hienes, mereting gude remembrance, and specialie considering the worthines of the lait nochtable service done to his majestie be the said Schir Hew upoun the fyft day of August last bipast at Sanct Jounstoun within the great ludgeing of umquhile Johne, sumtyme erle of Gowrie, in the resisting of the unnaturall, ungodlie and abhominable treassoun and conspiracie attemptit be the said umquhile erle and umquhile Maister Alexander Ruthven, his brother, aganis his majesties maist nobill persone, he being for the tyme secretlie and treassonablie convoyit be the said umquhile Maister Alexander Ruthven to the turret of the said ludgeing of sett purpose and intentioun thair to have murtherit and bereft his majestie of his lyfe; and being than destitute of all his servandis and standing curagiouslie in the mentyme upoun the defence of his awin lyfe, the said Schir Hew cam to his majesties rescew and releif and exponit his awin lyfe to the maist evident perrell and danger of death, to the great effusioun of his blude, sched be the saidis tratouris and thair complices, in the defence of his majesteis persone and be the providence of God assistit his hienes maist valiantlie and curagiouslie in the preserveing of his hienes persone furth of thair bludie handis. And seing it hes plesit God to honour the said Schir Hew with this dignitie by his provesse, manheid and vertue to be ane of the cheif instrumentis of the preservatioun and delyverie of his majesties maist royall persone, to his great praise and commendatioun, and thairby his majesteis nobillis and haill estaittis of his hienes realme hes reportit sa raire and singular ane benefite of the saiftie and continuance of thair naturall prince and soverane to regne ouer thame in justice and equitie to the great glorie of God, tranquilitie of this realme and universall conforte and solace of the haill people, quhilk being great, sene and ressonable causes of the realme and being dewlie and sufficientlie verefeit and provin befoir the lordis of articlis and haill estaittis of this present parliament, thairfoir, his majestie, moveit of his princelie honour and conscience to be myndfull of the said maist worthie and acceptable service and to gratifie the said Schir Hew with sum honorable reward thairfoir, to incurage him to perseveir in his sinceir affectioun towardis his majesties service and to steir and provok all utheris his gude subjectis be his gude and lovable exemple to be followeris of his vertue and courage in thair deutifull obedience and service to his majestie and his successouris cairfull preservatioun and defence of thair lyfes and honouris according to thair bundin dueteis, with consent and authoritie of this present parliament, ordanis ane infeftment to be maid under his great seall in dew forme gevand, grantand and disponand to the said Schir Hew, his airis and assignais heretablie all and haill the towne, landis and baronie of Cousland, with the towr, fortilice, maner place, houses, biggingis, yairdis, orcheardis, doucattis, mylnis, multuris, tennentis, tenandreis, service of frie tennentis thairof, advocatioun and donatioun of the chaplanreis thairof and all thair pertinentis, lyand within the schirefdome of Edinburgh, quhilkis landis and utheris respective foirsaidis pertenit heretablie of befoir to the said umquhile Johne, sumtyme erle of Gowrie, at the leist the said umquhile erle had richt to succede thairto as apperant [...]† to umquhile James, erle of Gowrie, his brother, or umquhile Williame, erle of Gowrie, his father, [...]† wes heretablie infeft and seasit in the samin. And now the saidis landis, baroneis [...]† respective foirsaidis pertenis to oure said soverane lord, fallin and becum in his hienes handis and at his hienes gift and dispositioun be ressone of escheat throw the proces and dome of foirfaltour ordourlie led and deducit aganis the said umquhile Johne, sum tyme erle of Gowrie, and the said umquhile Maister Alexander Ruthven, his brother, for certane crymes of treassoun and lesemajestie committit be thame of the quhilkis they wer convict in this present parliament, as in the proces and dome of foirfaltour led and deducit thairupoun at mair lenth is contenit, or be vertue of quhatsumevir uther richt, cause or occasioun that the samin landis and utheris respective foirsaidis may fall and becum in his hienes handis; and for the said Schir Hew and his foirsaidis better securitie, gevand and disponand to thame the escheat of all and quhatsumevir reversionis, bandis, contractis, obligationis or promeises for making of revisionis maid and grantit be quhatsumevir persone or persones to the said umquhile Johne, sumtyme erle of Gowrie, or ony of his predecessouris for redemptioun of the landis abonespecefeit with thair pertinentis with all utheris richtis, titillis, contractis, bandis and obligationis maid and consavit in favour of the said umquhile Johne, sumtyme erle of Gowrie, or ony of his predecessouris or in favouris of the said umquhile Maister Alexander Ruthven, his brother, quhairby the propirtie and posessioun of the saidis landis with thair pertinentis micht have returnit and pertenit to thame or ather of thame, or quhairby they or ather of thame micht have acclamit or recoverit ony rycht, titill, propirtie or possessioun of the samin landis with thair pertinentis now pertening lykwayes to oure said soverane lord and at his hienes gift and dispositioun be ressoun of escheat throw the proces and dome of foirfaltour foirsaid ordourlie led and deducit aganis the said umquhile Johne, sumtyme erle of Gowrie, and the said umquhile Maister Alexander, his brother, as said is, with full power to the said Schir Hew and his foirsaidis to call and persew the havearis of the saidis reversionis, contractis, bandis, obligationis, richtis and securiteis for delyverie of the samyn to thame, and to use all necessesar executioun thairupoun for fulfilling of the samin to thame and to redeme and outquit the landis abone specefeit, with thair pertinentis, be vertue of the saidis revisionis conforme to the tennour of the samin and to use and exerce all utheris thingis necessesar for recovering and obtening of the richt and possessioun of the saidis landis, with thair pertinentis, siclyk and als frelie in all respectis as the said sumtyme erle or ony of his predecessouris or the said umquhile Maister Alexander ony of thame micht have done thameselffis be vertue of the same revisionis, richtis and evidentis; and siclyk renunceand and transferrand for his majestie and his successouris all richt, titill, interes and clame of richt, baith propirtie and possessioun, quhilkis his hienes or his successouris may clame, have or pretend in and to the samin landis, with thair pertinentis, be ressone of waird, releif, nonenteres, recognitioun, foirfaltour, bastardrie, purpresture, disclamatioun or for quhatsumevir uther cause or occasioun present, bigane or tocum to the said Schir Hew, his airis and assignais heretablie for now and evir, cum supplemento omnium defectuum et cum pacto de non petendo, and lykwayes gevand, grantand and disponand to the said Schir Hew and his foirsaidis the gift of escheat of all and sindrie takkis, assedationis maid and grantit to the said umquhile Johne, sumtyme erle of Gowrie, or ony of his predecessouris to quhome he hes succedit or may succede as air or onywayes consavit in his favouris off all and sindrie the teyndschaves and utheris teyndis, fruittis, rentis and emolumentis, alsweill personage as vicarage, of all and sindrie the saidis towne, landis and baronie of Cowsland with thair pairtis, pendiclis and pertinentis now fallin and becum lykwayes in his majesties handis be ressone of escheat throw the proces and dome of foirfaltour foirsaid, ordourlie led and deducit aganis the said sumtyme erle as said is or throw quhatsumevir uther cause or occasioun quhairby the escheat of the saidis teindis and richt thairof hes pertenit or may pertene to his majestie in onywayes, with power to the said Schir Hew and his foirsaidis to collect, gadder, leid, teind, intromett with, sett, use and dispone upoun all and sindrie the saidis teindis yeirlie in tyme cumming during all the yeiris contenit in the saidis richtis and takkis to ryn and, gif neid beis, to call and persew thairfoir as accordis. Lykas oure said soverane lord, with advyse foirsaid, for the causes abonespecefeit, faythfullie promittis in verbo principis and bindis and oblises his hienes and his successouris to perfyte and delyver to the said Schir Hew and his foirsaidis new sufficient letteris of takkis and assedationis of all and sindrie the saidis teyndschaves and utheris teyndis, fruitis, rentis and emolumentis, alsweill personage as vicarage, of all and haill the said towne, landis and baronie of Cowsland, with pairtis, pendiclis and pertinentis now fallin and pertening lykwayes in his majesties† handis be ressone of escheat throw [...]† for sic spaces as they sall devyse, for yeirlie payment of the duetie thairof presentlie payit therfoir, and at the ische of the saidis takkis and sa oft eftir the samin expyres to renew the samin als oft for the duetie foirsaid, to the effect the said Schir Hew and his foirsaidis may peciablie bruik and jois the samin teyndis with the landis foirsaidis perpetualie in all tyme cumming, but ony revocatioun, questioun or contradictioun quhatsumevir and to that effect to make and perfyte sic richt and securitie to thame thairupoun as can, or may be, devysit, quhilkis teindis ar estemit be his majestie, with consent foirsaid, to extend yeirlie to ten chalderis victuall. And for the said Schir Hewes better securitie of the landis, teindis and utheris respective abonespecefeit, disponit in maner foirsaid and in speciall clause of warrandice thairof, gevand, grantand and disponand to him, his airis and assignais abonementionat all and sindrie the landis and utheris respective eftirspecefeit and fewfermes thairof, being ane pairt of his hienes propirtie and lordschip of [...], lyand within [...]; that is to say: all and haill the landis of Largo, with the pertinentis and fewfermes thairof, extending yeirlie to fyve chalderis aittis, thrie chalderis, aucht bollis beir and ane chalder, ten bollis quheat; all and haill the landis of Ardeth, with the pertinentis and fewfermes thairof, extending yeirlie to four chalderis, four bollis beir and thrie chalderis, four bollis quheat; and all and haill the landis of Rathelet, with thair pertinentis and fewfermes thairof, extending yeirlie to tua chalderis, four bollis beir and tua bollis quheat; and that in speciall warrandice of the said towne, landis and baronie of Cowsland, with the teindschaves thairof abonespecefeit principallie disponit as said is, sua that gif it salhappin the said Schir Hew or his foirsaidis to be molestit, inquietit or trublit in the peciable bruiking and joising thairof or in the intrometing and uptaking of the maillis, fermes, proffeittis and dueteis of the samin or ony pairt thairof or the samin to be evictit fra thame be restitutioun of the said umquhile Johne, sumtyme erle of Gowrie, or reductioun of the said foirfaltour or for quhatsumevir uther cause or occasioun in ony tyme cumming, or gif it salhappin his majestie or his successouris to failye in perfyting of the tak and assedatioun of the saidis teind scheves and in the renewing of the saidis takkis perpetualie eftir the ische and expyring of the former takkis, ilkane eftir utheris respective and successive, to the said Schir Hew, his airis and assignais, and that the said Schir Hew and his foirsaidis be debarrit fra the richt and possesioun of the saidis teindschaves in onywayes in tyme cumming, that than and in that caise it sall be lesum to thame als oft to have full and frie regress, ingress and access in and to all and sindrie the landis respective abonementionat, with thair pertinentis and fewfermes thairof abonespecefeit, gevin in warrandice in maner abonewrittin, to be bruikit and joisit be thame ay and quhill they may peciablie and frelie bruik and jois the saidis landis, teindis and utheris respective abonementionat principallie disponit as said is. And to the effect the said infeftment of warrandice of the landis abonespecefeit and fewfermes thairof may be gude, valide and effectuall in the self to the said Schir Hew, his airis and assignais in all tyme cumming, his majestie, of his awin propir motive and certane knawlege, with consent and authoritie of this present parliament, inrespect of the saidis great, sene and ressonable causes moveing his majestie to the granting heirof allowit and provin be his hienes estaittis as said is, hes dissolvit and be thir presentis dissolvis all and sindrie the saidis landis respective and fewfermes thairof fra all annexatioun of the samin to the crowne maid be his majestie or ony his predecessouris, to the effect the samin may be disponit in frie blenche ferme in maner underwrittin to the said Schir Hew, his airis and assignais in speciall securitie and warrandice of the said towne, landis and baronie of Cowsland, with the teindis thairof and thair pertinentis principallie disponit as said is; and als that the samin infeftment sall contene ane unioun and erectioun of the said towne, landis and baronie of Cowsland, with the towre, fortilice, maner place, houses, biggingis, yairdis, orchardis, doucattis, mylnis, multuris, tennentis, tenandreis, serrvice of frie tennentis thairof, advocatioun and donatioun of the chaplanrie thairof and all thair pertinentis in haill and frie baronie, to be callit in all tyme cumming the baronie of Cowsland, and that ane seasing to be tane at the principall mansioun thairof sall be sufficient to the said Schir Hew, his airis and assignais for the saidis haill landis and baronie. And als hes unitit the landis respective abonespecefeit and fewfermes thairof gevin in warrandice in maner foirsaid in ane frie tennendrie and ordinis ane seasing to be tane thairof upoun the ground of ony pairt of the landis respective foirsaidis to be sufficient seasing for the haill, nochtwithstanding the samin lyis discontigue and ar of diverse baroneis. The saidis landis and baronie of Cowsland principallie disponit to be haldin be the said Schir Hew and his foirsaidis of oure soverane lord and his successouris in frie blenche, frie baronie, fee and heretage for evir, and the saidis landis of Largo, Ardeth and Rathelett, with thair pertinentis and fewfermes thairof abonespecefeit, to be haldin lykwayes in fee and heretage, and that the said infeftment contene all privileges and liberteis pertening to ane frie baronie in maist ampill forme, for yeirlie payment for the saidis baronie and tennandrie of ane silver penny at the feist of Witsonday in name of blenche ferme, gif it be askit alanerlie, and that the said infeftment be expede in dew forme with extentioun of all clauses neidfull, ordaning his hienes great seall and the seallis of the lordis of his parliament to be appendit thairto. Quhilk infeftment, with the seasing to follow thairupoun, his majestie, with advyse and consent foirsaid, now as gif the samin wer maid and grantit and than as now, ratefeis and appreves in all heidis, clauses, articlis, provisionis and conditionis thairof, and findis and declaris that the changeing of the auld halding of the said towne, landis and baronie of Cowsland, with thair pertinentis abonespecefeit, principallie disponit as said is fra waird to blenche, togidder with the dispositioun of the utheris landis respective abonementionat and fewfermes thairof in warrandice of the samin, to be haldin in lykmaner be him in frie blenche ferme as said is, is weill and lauchfullie done be his majestie with the mature advyse and deliberatioun of the estaittis of parliament for the saidis great, sene and ressonable causes to the realme and that the samin is and sall be in all tyme cumming gude, valide and effectuall richtis to the said Schir Hew, his airis and assignais abonewrittin for bruiking and joising of the landis and utheris abonespecefeit principall and warrandice in frie blenche, nochtwithstanding that the samin towne, landis and baronie of Cousland principallie disponit as said is wer haldin be service of waird and releif of befoir, and nochtwithstanding the saidis landis and utheris gevin in warrandice thairof wer his hienes annexit propirtie, and nochtwithstanding of quhatsumevir actis of annexatioun thairof to the crowne maid be his hienes or ony his predecessouris or ony clause or conditioun thairof or of quhatsumevir uther actis, lawes or constitutionis maid or to be maid in the contrair, forbidding the changeing of waird halding in blenche and all kynd of dispositionis of the kingis propirtie utherwayes nor in fewferme, and with augmentatioun of the rentail or dispositioun in few of the fewfermes; with the quhilkis actis and everie ane of thame and all utheris quhilkis may onywayes prejudge or dirogat the said infeftment halding thairin contenit baith of the principall and warrandice or ony utheris clauses, liberteis, privilegis, provisionis and conditionis specefeit thairintill, his majestie and estaittis foirsaidis expreslie dispensis and makis full dirogatioun to the samyn insafar as may be extendit in onywayes to the saidis landis and utheris respective abone rehersit, baith principall and warrandice, to the effect the said Schir Hew, his airis and assignais may peciablie bruik, jois and posses all and haill the said towne, landis and baronie of Cowsland and utheris respective abonespecefeit, principall and warrandice, eftir the forme and tennour of his said infeftment to be maid to him thairupoun, but ony revocatioun, contradictioun or agane calling quhatsumevir.
[1600/11/21]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and haill estaittis of this present parliament, remembering the godlie and nochtable act maid in his majesteis parliament haldin at Striviling in the moneth of August the yeir of God jM vC threscoir ellevin yeiris in favouris of his hienes trew and faythfull subjectis for bruiking of thair landis, heretages, annualrentis, lyfrentis, pensionis or possessionis quhatsumevir haldin of ony persones callit and foirfaltit in the said parliament, nochtwithstanding the foirfalting of thair superiouris thairof; and his hienes now being willing and fullelie resoluit to renew the foirsaid act and to grant the benefite and favour thairin contenit to all his faythfull and trew subjectis quha, or thair predecessouris to quhome they ar airis or the last apperant airis albeit as yit nocht enterit, held landis, heretagis, annualrentis, lyfrentis, mylnis, woddis, fischeingis or uther possessionis quhatsumevir of umquhile Johne, sumtyme erle of Gowrie, or ony of his predecessouris; thairfoir oure said soverane lord, with advyse of the saidis estaittis and haill bodie of this present parliament, statutis, ordinis and declaris that all his hienes faythfull and trew subjectis, thair airis and successouris being nawayes culpabill of the abhominabill and horribill crymes of treassoun and lesemajestie attemptit be the said umquhile Johne, sumtyme erle of Gowrie, aganis his grace maist nobill persone sall bruik, jois and posses all thair landis, heretagis, woddis, mylnis, fischeingis, annualrentis, lyfrentis, takkis, rentallis and possessionis quhatsumevir haldin be thame or thair predecessouris of the said umquhile Johne, sumtyme erle of Gowrie, or his predecessouris, and hald the samyn of oure said soverane lord, his hienes successouris and utheris, thair nixt immediat superiouris, thair airis and successouris, conforme to thair infeftmentis, richtis and securiteis thairof in all pointis, siclyk and als frelie in all respectis as gif the proces and dome of foirfaltour had nevir bene led, deducit nor pronuncit aganis the said umquhile Johne, sumtyme erle of Gowrie, in this present parliament, and als nochtwithstanding of the act maid in his hienes parliament haldin at Edinburgh, the aucht day of Junii the yeir of God jM vC fourscoir fourtene yeiris, annulling the actis of parliament maid in favouris of vassellis of persones foirfaltit, to the quhilk act and all utheris actis, statutis or constitutionis maid at ony tyme of befoir and maid or to be maid in this present parliament, thir presentis makis and sall mak full derogatioun; and that in favouris alanerlie of the saidis persones quha, or thair predecessouris, held landis, heretages and utheris foirsaidis of the said umquhile Johne, sumtyme erle of Gowrie, or his predecessouris as said is, the foirsaidis vassellis and ilkane of thame payand to his majestie and his successouris or ony utheris thair nixt immediat superiouris for ilk tuentie schilling land quhilk they held of befoir of the Erle of Gowrie ten pundis money of this realme betuix and Witsonday nixttocum for compositioun.
[1600/11/22]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord and estaittis of this present parliament, understanding that Robert Jowsie, mercheand burges of Edinburgh, wes addettit to James Lundie, brother germane to Johnne Lundie of that Ilk, in the sowme of thrie thowsand merkis usuall money of this realme, and als that Christeane Ruthven, spous to the said James Lundie, wes infeft be umquhile Johnne, erll of Gowrie, in all and haill ane annuelrent of twa hundreth merkis yeirlie to be upliftit furth of the landis of Culgask under reversioun of the sowme of twa thowsand merkis, off the quhilkis sowmeis our said soverane lord is maist willing that the said James resave payment and satisfactioun conforme to his majesteis promeis maid to him of befoir; thairfoir, his hienes and estaittis of this present parliament decerneis and declaris that it salbe leasum to his hienes, with advyise of the comptroller, to dispone and wodsett fyve hundreth merkis of yeirlie annuelrent furth of ony pairt of his majesteis proper landis now annext to the crowne to the said James Lundie, his airis and assigneyis and decerneis and declaris the said wodsett and alienatioun to be lauchfull, guid and sufficient rycht to the said James Lundie to intrometwith, bruik and possess the said annuelrent yeirlie according to the ordour of wodsettis ay and quhill the said annuelrent be lauchfullie redemiet be payment of the said sowme of fyve thowsand merkis be his hienes or his successouris to the said James Lundie and his foirsaidis, nochtwithstanding the actis of annexatioun annexand the samyn landis out of the quhilk the said annuelrent suld be upliftit to the crowne, actis of parliament or statuttis quhatsumevir that may onywyis derogat or be prejudiciall to the foirsaid infeftment to be grantit of the foirsaid annuelrent, with the quhilkis annexatioun, actis and statuttis oure soverane lord and estaittis dispenses for evir.
[1600/11/23]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, understanding that diverse of the lordis of his hienes secrete counsaill and sessioun and utheris of his hienes officiaris for the discharge of thair bundin duetie in his hienes service incurris the hatrett, indignatioun, malice and feid of sindrie personis and oft tymes querrellis thame without ony just cause, thairfoir statutis and ordinis that quhatsumevir persone in tyme cumming invadis or persewis ony of his hienes sessioun, secrete counsaill or utheris his hienes officiaris, it being verefeit and tryit that ony of the saidis counsalloris, sessionaris and officiaris wes persewit and invadit for doing of his hienes service, sall be punischit to the death.
[1600/11/24]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, considering that his hienes and his hienes predecessouris, for the help and releif of his pure commonis in diverse pairtis of this realme, hes reservit great quantitie of mureis and utheris commoun landis nawayis disponit in propirtie to ony particular persone, nochtwithstanding quhairof diverse persones hes ryvin out, parkit, teillit, sawin and laubourit great portionis of the samin commounteis, without ony richt of propirtie competent to thame, to the prejudice of his hienes and utter wrak of the pure tennentis and commonis of this realme, thairfoir statutis and ordinis thatt all persones quha hes teillit, laubourit, sawin, parkit, inclosit or appropriat ony pairt or portioun of his majesties commoun mures or utheris commounteis belanging to his hienes within the memorie of man, the samyn being tryit ather be way of molestatioun or be the lordis of the sessioun, that they within yeir and day eftir the said tryell lay in the samyn commounteis agane to the effect the samin may remane unlaubourit or parkit in ony tyme thaireftir bot to remane as commountie siclyk and in the samin maner as it wes befoir the ryving out or parking thairof; and gif they failye to do the samin within the space foirsaid, lauchfull tryell being tane thairin as said is, they sall be decernit to have committit purprusioun. And siclyk oure soverane lord and estaittis foirsaidis statutis and ordinis that quha soevir in tyme cumming sall teill, laubour, manure, saw, park, inclose or appropriat ony pairt or portioun of his majesties commoun mures or utheris his hienes commounteis (the samin being sufficientlie tryit in maner foirsaid) sall be alsua decernit to have committit purprusioun and punischit thairfoir conforme to the lawis, use and consuetude of this realme observit of auld in matteris of purprusioun.
[1600/11/25]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, understanding that calling and persewing of beraris, weraris and schutteris with hagbuttis and pistolattis and utheris ingynes of fyre wark befoir his justice and his deputtis breiddis sic truble to pairteis and assyssouris and sic difficultie in the tryell that oftymes innocent persones ar thairby vexit, and sic as ar giltie eschewes thair dew punischement be declyning of the assyssouris that best knawis the veritie of the fact and uther sic subterfuges and delayes of lauchfull tryell; for remede quhairof his hienes, with advyse and consent of his estaittis of parliament, statutis and ordinis that the beraris and weararis of hagbuttis and pistolattis and utheris ingynes of fyre wark quha hes nather committit slauchter nor mutilatioun or uther odious violence thairwith, bot onlie borne and worne thame upoun thair persones or in thair cumpanyes contrair his hienes lawes and actis of parliament, may be ather persewit criminalie befoir the justice and his deputtis according to the custome heirtofoir observit, or befoir his hienes and the lordis of secrete counsaill and lauchfull probatioun of witnesses or aith of pairtie at the optioun of his hienes thesaurar or advocat, provyding alwayes that sic as sall be persewit befoir his hienes and lordis of his secrete counsaill and tryit be probatioun of witnesses giltie of ony of the saidis crymes sall nocht incur the corporall punischement prescryvit be the former actis be amputatioun of the richt hand, bot onlie tobe punischit be wairding of thair persones, escheat of thair gudis moveabill, or payment of sik ane pecuniall penaltie and sowme of money as his hienes and lordis of his secrete counsaill sall decerne, but prejudice onywayes of the executioun of the former actis of parliament aganis sic as sall be criminallie persewit, convict and fundin giltie be ane condigne assyse befoir his hienes justice generall or his deputtis foirsaidis incais his majestie lyk rather that they be persewit criminalie befoir the justice nor befoir the secrete counsaill. And forder, his hienes and estaittis foirsaidis annulus and discharges all licences gevin be his majestie for bering and weiring hackbuttis, pistolattis and utheris ingynnis of fyrewark and statutis and ordinis that na licences sall be grantit in tyme cumming to na persones for beiring and weiring of the samyn except that the samyn licences be grantit be his hienes and lordis of secrete counsaill sittand in counsaill; and quhan the samin licences ar sua grantit, ordanis the samyn licences to pay compositioun to his hienes thesaurar and to pas his register and to pas the signet and haill seallis, and decernis and declaris all licences nocht grantit in counsaill and quhilk sall nocht pay compositioun and pas the signet and haill seallis as said is to be null and of nane availl; and nochtwithstanding thairof the saidis persones to be accusit conforme to this present act and actis of parliament maid of befoir.
[1600/11/26]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estaittis, ratefeis and appreves the actis of parliament maid anent usurie and taking of unlauchfull annualrent or proffeit for silver in all pointes according to the tennour of the samin. And becaus the obscuritie of the act of his majesteis fyftent parliament, intitulat 'It is nocht lesum to tak mair annualrent or proffeit nor ten for the hundreth', anent the maner of tryell and probatioun of the said cryme be aith of pairtie and all uther lauchfull probatioun conjonit thairwith competent of the law, hes bred sic difficultie in persute and decisioun of the saidis cause that justice thairby hes bene greatlie frustrat and the controveneris of the said act altogidder unpunischit, thairfoir his majestie, with advyse and consent foirsaid, statutis and ordinis that in all actionis alreadie intentit, dependand or heireftir to be intentit aganis the contravenaris of the saidis actis, litiscontestatioun being maid thairin be admitting the summondis to probatioun, it sall be lesum to preis the said summondis and controvening of the saidis actis or ony of thame anent the taking of unlauchfull and exhorbitant proffeitt for sowmes of money be wrytt or aith of pairtie, ressavear of the said unlauchfull proffeitt, and be the witnesses insert in the securitie maid for the saidis sowmes, without ressaveing of the aith of the pairtie, gevar of the saidis unlauchfull proffeitt, for eschewing of all occasioun of perjurie quhilk micht be suspectit to procede thairupoun.
[1600/11/27]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, understanding that the ground and boundis quhair diverse castellis, strenthis and foirtis pertening to his majesteis maist nobill progenitouris wer of auld situat is now altogidder waist, deforme and unproffitabill to his majestie, the saidis castellis and forthis being sua demoleissit that thair remanis na kynd of bigging thairin ather for strenth or duelling to his majestie, as lykwayes that his hienes coilheuches within the boundis of his annexit propirtie being unhabill tobe wrocht without advancement of great expense ar sa neglectit that his majestie nather ressaves furnitour of coillis to his hienes house thairby nor ony uther proffeitt or commoditie of the samyn; for remede quhairof oure said soverane lord, with advyse and consent of his estaittis of parliament, statutis and ordinis that it sall be lesum to his hienes to sett all and sindrie the saidis landis and boundis with the pertinentis quhairupoun ony of the saidis auld, demoleissit and unhabitabill castellis and forthis war situat, togidder with the medowes and loches belanging thairto and coilheuchis being within the boundis of his annexit propirtie, in fewferme heretablie, sa that it be nocht in diminutioun of his hienes rentall, gressum or utheris dueteis, bot in augmentatioun thairof, and to that effect, with consent foirsaid, makis present dissolutioun thairof. And that the landis, medowes, loches, coilheuches and utheris sett be his majestie be vertew of this act in maner foirsaid sall stand perpetualie and eftir his deceis, the annexationis maid of befoir to returne again to the awin nature sua that his successouris, eftir his deceis, sall have na forder power to annalie nor sett in few ony of the saidis landis, boundis, loches, medowes, coilhewches and utheris foirsaidis nor they had befoir the making of this present dissolutioun. And his hienes and estaittis of parliament declaris that the foirsaid dissolutioun sall nawayes hurte nor prejudge Alexander, lord Levingstoun, his richt quhilkis he hes to the coill of Bonytoun, besyd Lynlythgw, and to his richt quhilk he hes to the castell of Blaknes, with the grenis and pertinentis belaning thairto.
[1600/11/28]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, moveit to consave ane vehement suspicioun aganis the posterities of rebellis foirfaltit for thar treassones attemptit aganis his majesteis persone and estait be the perrellous experience of the horribill and disperat treassoun laitlie interprysit aganis his majesteis awin lyfe be umquhile Johne, erle of Gowrie and umquhile Maister Alexander Ruthven, sonnes of umquhile Williame, erle of Gowrie, quha, being infinitlie obleissit to his hienes clemencie insafar as forgetting the mony and great treassones committit aganis his hienes be thair said umquhile father, of his princelie grace and favour, restorit thame to thair same dignitie, leving and integritie of thair former estaitt, yit being unmyndfull of sa mony and great benefittis, and following the treassonable exampill of thair said father for revenge of his just and lauchfull executioun to the death for his treassonable demeritis, interprysit disperatlie and vylelie to murther his majestie, thair native prince; thairfoir, for preventing of the lyk occasiones, oure said soverane lord, with advyse and consent of the estaittis of this present parliament, statutis and ordinis that the bairnis and posteritie of Francis, sumtyme erle Bothuell and James Dowglas, sumtyme of Spott, sall nevir be habill nor capabill in ony tyme cumming to bruik, joise or posses ony benefices, offices, landis, heretaiges, takkis, stedingis, rowmes, possessionis, successionis, gudis or geir, moveable or immoveable, within this realme bot that oure said soverane lord be himself and utheris haveand his richt to the saidis landis, benefices, offices, gudes or geir hes and in all tyme cumming sall have full and indoubtit richt to the samyn als fullelie in all respectis as the saidis rebellis and thair bairnis and posteritie had or micht have had or clamit to the samin or ony pairt thairof at ony tyme bigane or to cum. And seing oure said soverane lord hes gratefeit diverse his maist faythfull servandis quha hes gevin best pruiff of thair trew affectioun to his hienes service in resistance, persute, bannischement or slauchter of the saidis treatouris and thair complices with the recompances of thair service furth of the saidis foirfaltit tratouris landis and possessionis be heretable infeftmentis, pensionis and utherwayes, to the effect his gude subjectis may be the better incurageit to expone thair lyfes in defence of his royall persone and authoritie and persute of his rebellis and treatouris in tyme cummyng, thairfoir his hienes and estaittis foirsaidis statutis and ordinis that gif it salhappin heireftir his hienes or ony of his successouris to grant thair pardoun, grace, remissioun or restitutioun to ony of the saidis foirfaltit rebellis or thair posteriteis, airis or successouris foirsaidis, the samin sall nawayes be extendit to the landis, heretages, benefices, offices, possessionis and utheris pertening of befoir to the saidis rebellis, thair bairnis or posteritie and disponit be his hienes to ony of his faythfull servandis in recompance of thair gude service bot that the samyn sall perpetualie remane with thame, thair airis and successouris as ane dew recompance for thair loyaltie, nochtwithstanding of ony grace, pardoun, remissioun or restitutioun onywayes to be grantit to the saidis traitouris or ony of thame in tyme cumming.
[1600/11/29]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, haveing at lenth ressonit anent the state of the cunyie, as the samin is presentlie current within this realme, declaris that in this present parliament they will on nawayes alter the fynes nor prices of the cunyie, ather of gold or silver, bot that the samyn haif frie passage and course heireftir as it presently geves. And becaus his majestie and estaittis understandis that thair is great scarsetie of cunyie for the present within this realme, thairfoir hes gevin power and commissioun to the lordis of his hienes secrete counsall for ordour taking anent the hamebringing of bulyeoun, for furnessing of the cunyehous and dischargeing the transporting and awaytaking of gold, silver and uther forbiddin geir under the pane of punischement of thair bodeis and gudis according to the discretioun of the saidis commissionaris, quhairby the cuntrey may be furnessit with abundance of cunyie of sic fynnes and prices as the samyn presentlie geves and hes passage within this realme. And thir presentis to be publissit to all oure soverane lordis lieges.
[1600/11/30]*[print] [email] [cite] [preceding] [following]
The quhilk day comperit personalie Thomas Fischer, baillie of Edinburgh and ane of the commissionaris of this present parliament, and protestit in name of the haill burrowes that nochtwithstanding of the foirsaid act of parliament that they be na forder oblist in bringing hame to this realme of bulyeoun nor is contenit in the actis of parliament maid of befoir.
[1600/11/31]*[print] [email] [cite] [preceding] [following]
The kingis majestie, with advyse of the estaittis of this present parliament, statutis and ordinis that na persone nor persones, alsweill strangeris as native borne subjectis of this realme, tak upoun hand to bye, pak, peill, salt, barrell or yit transporte furth of this realme ony hering in small or grat quantitie at ony tyme befoir Michaelmes yeirlie, bot to suffer the samin to be brocht to publict mercattis and thair sauld to all his hienes lieges upoun ressonable prices without attempting ony thing in contrair thairof, under the pane of confiscatioun of the samyn hering, barrellis, schippis and veschellis and of all the rest of the moveable gudes of the persones controvenaris heirof in ony point, the thrid pairt of the samyn to the apprehender and the rest to his majesties use, to be intrometit with be his hienes comptroller and sick as he sall gif power and commissioun to that effect; and statutis and ordinis that na licences be grantit heireftir for packing, peilling, salting and transporting of hering befoir the tyme foirsaid except the samin licences be grantit with consent of the counsaill sittand in counsaile; and eftir the granting of the saidis licences ordanis the samyn to pas the signett and haill seallis, utherwayes declaris the samyn licences to be null and of nane availl.
[1600/11/32]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament statutis and ordinis that the slaying of salmond in forbiddin tyme, or of kipper smoltis or sic blak fische at ony tyme, sall be in all tyme cumming ane cryme of thyift to the committer quhatsumevir and sall be punischit as thyift in everie qualitie according to the committeris rank and estaitt, exceptand alwayes furth of this present act the salmond, kipper smoltis and all uther fische slayne or tane within the riveris of Annand and Tweid alanerlie.
[1600/11/33]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, considering the great libertie that sindrie persones takis in provoking utheris to singular combattis upoun suddan and frivoll querrellis, quhilk hes ingenderit grat inconveniences within this realme, thairfoir statutis and ordinis that na persone in tyme cumming without his hienes licence fecht ony singular combatt under the pane of dead and his moveable geir escheat to his hienes use, and the provocar to be punischit with ane mair ignominious dead nor the defendar at the plesure of his majestie.
[1600/11/34]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, considering the great expense and fascherie the lieges of this realme sustenis be seiking of ane nochtar and four witneses to the registratioun of all lettres of horning, relaxationis, inhibitionis and interdictionis in the schireffis, bailleis or stewarttis buikis within this realme, and als sustenis great delay be seiking of the clerkis quha suld registrat the samyn, thairfoir oure soverane lord and estaittis foirsaidis discharges that pairt of the act of parliament maid in the moneth of December jM vC four scoir sevintene yeiris anent the registratioun of the samin lettres of horning, relaxatioun, inhibitioun and interdictioun befoir ane nochtar and witneses, and decernis and declaris the samyn lettres quhilkis ar or sall be registrat in the said schireffis, bailleis or stewartis buikis be the clerk thairof, or be the clerk of register and his deputtis in the buikis of counsaill, sall be valide and sufficient in the self and sall mak faith in judgement or outwith in all tyme cumming.
[1600/11/35]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament statutis and ordinis that the sleuth and negligence of ony of his hienes officiaris in the persewing or defending of ony of his actionis or causes in ony tyme bigane or to cum sall nawayes be prejudiciall or hurtfull to his hienes bot that he and his officiaris, successouris in that office, may without ony ordour of reductioun and be way of exceptioun or reply use and propone all and sindrie exceptionis, replyis and defenses competent of the law quhilkis wer willinglie or negligentlie omittit be thair predecessouris and thairby supplie quhatsumevir thing that hes bene neglectit or omittit be thair saidis predecessouris to the effect that his hienes and his crowne be nawayes hurte nor prejudgeit be negligent officiaris, and that the benefitt of his lawes may be competent to him at all tymes quhair it sall pleis him and his officiaris to crave and use the samyn.
[1600/11/36]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with consent of the estaittis of this present parliament, stattutis and ordinis that na persone nor persones tak upoun hand in tyme cumming to transport furth of this realme or inbring within the samyn ony forbiddin or uncustumat gudis under the pane of tynsall of all thair moveable gudis that salhappin to cum in the contrair heirof; that is to say, the saidis forbiddin and uncustumat gudis that sall happin to be takin and apprehendit to appertene as escheat to oure soverane lord and to be intrometit with and uptakin be his hienes comptroller and compt thairof to be maid be him in the chekker, and the remanent of the moveable gudis and geir pertening to the controvenaris of this present act to be escheat for thair contemptioun be oure soverane lordis thesaurar, for the quhilk he sall be lykwayes obleist to mak compt in all tyme cumming; and discharges all licences alreadie grantit to that effect and that nane licence pas heireftir except the samin be past in counsaill and pas the haill seallis and pay compositioun to his hienes, and ordinis lettres to be direct heirupon afferis.
[1600/11/37]*[print] [email] [cite] [preceding] [following]
The quhilk day Thomas Fischer, baillie of Edinburgh and ane of the commissionaris of parliament, askit instrumentis that the haill commissionaris of burrowes present in this present parliament, all in ane voce, dissassentit frome the foirsaid act and specialie that pairt thairof anent the escheating of the controvenaris of the said act of thair haill gudis and geir.
[1600/11/38]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estaittis of this present, parliament ratefeis, apprevis and confermis the libertie of the trew and haly kirk and religioun presentlie proffest within this realme and establissit be the lawes of the samyn, and all actis, constitutionis and immuniteis maid and grantit to the samyn, alsweill in his hienes minoritie as sen his perfyte age, and ordinis the samin to be put to executioun in all pointis aganis all persones quhatsumevir in all tyme cumming.
[1600/11/39]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estaittis of this present parliament, ratefeis, apprevis and confermis the act maid in the conventioun of the estaittis at Halyrudhous, the [...] day of October 1598, anent non communicantis, quhairof the tennour followes: Forsamekle as be diverse and sindrie lovable actis of parliament maid be his hienes and his umquhile mother of gude memorie sen the reformatioun of the religioun, it is statute and ordinit that all his hienes subjectis suld imbrace the religioun presentlie profest, alsweill be heiring of the word as participatioun of the sacramentis; nochtwithstanding quhairof sindrie persones of the realme abstenis fra the ressaveing of the communioun and Lordis supper, pretending ane excuse of rankour and malice they have in thair myndis aganis sum of thair nichtbouris, bering thame at deadlie fead, allegeing sua lang as the samyn rancour remanis with thame and thai nawayes reconceillit with thair saidis nichbouris they can nocht worthelie ressave the saidis sacramentis nor can nocht justlie be burdenit be the ministrie to do the samyn, quhilk pretendit excuse is nathing bot ane collour and clok to cover thair papistrie, quhilk is the onlie cause of thair abstening to communicat. And insafar as be the actis of the generall assemblie it is fundin that deadlie fead can be na lauchfull cause quhy ony persone suld debar him self frome the seallis and sacramentis of his communioun with Christ, thairfoir his hienes, with advyse of the estaittis presentlie convenit, hes statute and ordanit that all his hienes subjectis sall communicat anis everie yeir and sall nawayes pretend ony excuse of deadlie fead, rancour or malice to appeir towardis thair nichbouris; and quhan evir it salhappin ony to abstene or to debar himself fra the participatioun of the said sacrament upoun the pretence of the said excuse or ony uther cause quhatsumevir, they being first lauchfullie requirit be thair pastour or presbitreis to do the samin, that than they sall be astrictit and obleist to pay the particular penalteis underwrittin injonit to thame and that to his hienes thesaurar; that is to say: everie erle sa oft as he sall controvene the premise, ane thowsand pundis; everie lord, ane thowsand merkis; everie baroun, fyve hundreth pundis; everie frie halder, thrie hundreth merkis; everie yeamen, fourtie pundis; and everie burges according to the modificatioun of the kings majestie and lordis of secrete counsaill; quhilkis panes the saidis estaittis hes ordanit oure soverane lordis thesaurar to exact with all extremitie aganis the controvenaris heirof and to intromett thairwith to his hienes use.
[1600/11/40]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estaittis of this present parliament, ratefeis, apprevis and confermis the act maid in the secrete counsaill at Sanct Johnestoun, the first of Aprile 1600 yeiris, anent the Jesuitis, seminarie preistis, excommunicat and tryit traffiquing papistis, quhairof the tennour followis: Forsamekle as be diverse actis and proclamatiounes maid and publissit heirtofoir all Jesuitis, seminarie preistis, excommunicat and tryit traffiquing papistis, commoun enemeis to all Christiane governament, ar specialie commandit to depairt and pas furth of this realme under certane panis mentionat in the samyn actis, the nocht executioun quhairof hes producit sic ane contempt and misregaird of the saidis actis that the ressait and traffiquing of the saidis Jesuittis and seminarie preistis is verie frequent in sindrie pairtis of this realme, quhairthrow great numberis of ignorant and simple people ar seducit be thame to declyne frome the trew and Cristiane religioun to the offence and displesure of God; for remede quhairof, it is statute and ordinit be his majestie and lordis of his secrete counsaill that quhatsumevir Jesuitis, seminarie preistis, excommunicat and tryit traffiquing papistis presentlie being within this realme, or that salhappin to be within the samin, sall immediatlie eftir thair delatioun to his majestie be takin and apprehendit be the ordinar magistratis of the boundis quhair they resorte and committit to waird ay and quhill they be convertit to the religioun, removit and put of the cuntrey or ellis punischit according to the tennour of the saidis actis, sua that alwayes the benefite of the act of parliament granting to uther papistis the space of fourtie dayes to satisfie the kirk or remove of the cuntrey sall be nawayes extendit to thame. And becaus the ressait quhilk they have fundin in diverse pairtis of the cuntrey hes gevin thame the boldnes sa awowitlie to conteme his majestie and his lawes, that thairfoir sic persones as sall be gevin up be the presbiteris or sessioun of the kirk to be the ressaiteris and huirderis of thame sall be chargeit under sic pecuniall panis as sall be modefeit be his majestie and lordis of secrete counsaill nocht to ressait thame heireftir, with this additioun: that his majestie and estaittis of parliament declaris that everie erle that salhappin to ressait ony sall pay ane thowsand pundis; everie lord, ane thowsand merkis; everie baroun, fyve hundreth pundis; everie friehalder, thrie hundreth merkis; everie yeman, fourtie pundis; and everie burges according to the modificatioun of the kingis majestie and lordis of secrete counsaill, the pane alwayes nocht excedand the sowme of ane hundreth pundis; quhilkis panis the saidis estaittis hes ordanit oure soverane lordis thesaurar to exact withall extremitie aganis the contravenaris heirof and to intromett thairwith to his hienes use.
[1600/11/41]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estaittis of this present, parliament ratefeis and confermis the act maid be his hienes and estaittis convenit at Perthe, the first day of Aprile last bipast, aganis strang and idill beggaris, quhairof the tennour followis: The kingis majestie and lordis of secrete counsaill, remembering how thair hes bene diverse gude and lovabill actis of parliament and secrete counsaill maid and publischit heirtofoir for punischment of strang and idill beggaris and releif of the pure and impotent, and how that the saidis actis hes ressavit litill or na effect or executioun be ressone of the oversicht and negligence of the persones quha wer nominat justices and commissionaris for putting of the saidis actis to full and dew executioun, and that thair wes nocht ane speciall penaltie appointit and injoynit to thame quha suld be remiss or negligent thairin, sua that the saidis strang and idill beggaris being for the maist pairt theiffis, bairdis and counterfitt lymmeris levand maist insolentlie and ungodlie, without mariage or baptisme of ane great number of thair bairnis, ar sufferrit to vaig and wander throwchout the haill cuntrey and the pure and impotent persones ar neglegit and na cair had nor provisioun maid for thair intertenement and sustentatioun; for remede quhairof and supplie of the saidis actis, and namelie of the act of parliament maid in the yeir of God 1597 quhairby the executioun of the saidis actis of parliament is committit to the particular sessionis of the kirk, it is statute and ordinit be the kingis majestie, with advyse of the estaittis of his secrete counsaill, that the saidis sessionis of the kirk quhair neid is sall be assistit be ane or tua of the presbiteries and that they sall put the saidis actis to full and dew executioun conforme to the tennour thairof in all pointis, everie ane of thame within thair awin boundis under the pane of tuentie pundis to be exactit of thame sua oft as they sall be fund to be remiss or negligent heirin, and that thir presentis sall begin to that effect and have executioun upoun the first day of Junii nixttocum. And to the effect his majestie may be the better assurit of the cair and diligence of the saidis sessionis of the kirk in dew executioun of the saidis actis of parliament, his majestie commandis the haill presbitreis in the haill land to tak diligent tryell of the obedience of the saidis sessionis heiranent and to reporte thair certificat and testimoniall thairupoun to his majesteis ministeris betuix and the first day of August nixttocum, quhairthrow his majestie may thaireftir procede aganis sic as sall be negligent as accordis; and that lettres of publicatioun be direct heirupoun as efferis, quhairthrow the said sessioun of the kirk na uther pretend ignorance, and to command and charge the saidis sessionis of the kirk to put the saidis actis of parliament maid aganis strang and idill beggaris, quhairof the executioun is committit to thame be the said act of parliament maid in the foirsaid yeir of God 1597, to dew and full executioun in all pointis, conforme to the tennour thairof, betuix and the first day of Junii nixttocum under the said pane of tuentie pundis to be exactit of thame sa oft as they sall be fundin to be remiss eftir the said day; certefeing thame that failyeis that the said pane sall be upliftit of thame with all rigour, and siclyk to command and charge the saidis presbitereis to tak tryell of the saidis sessionis heiranent and to report thair testimoniall thairupoun betuix and the first day of August as said is as they will answer to his majestie upoun thair obedience at thair uttermost charge and power.
[1600/11/42]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estaittis of this present, parliament decernis all mariages to be contractit heireftir be ony persones divorceit for thair awin cryme and fact of adulterie frome thair lauchfull spouses with the persones with quhome they ar declarit be sentence of the ordinar judge to have committit the said cryme and fact of adulterie, to be in all tyme cumming null and unlauchfull in tham selfis and the succession to be gottin be sic unlauchfull conjunctionis to be unhabill to succede as airis to thair saidis parentis.
[1600/11/43]*[print] [email] [cite] [preceding] [following]
That all and quhatsumevir schireffclerkis in all tymes heireftir sall present thair registeris to the clerk of register to be markit be him and his deputtis, and quhatsumevir registratioun to be subscryvit be thame upoun quhatsumevir lettres, togidder with quhatsumevir extractis sall be gevin furth thairof to ony persone, sall contene in all tyme cumming the leaf quhairin the samin is registrat. And this ordour to begin fra the first day of Marche nixt, within the quhilk thai and everie ane of thane sall present thair saidis registeris to be sa markit and that nane of thame subscryve thair registratioun upoun ony letter or give furth ony extract subscryvit be thair hand eftir the foirsaid day unspecefeing the leaf quhairin the same is contenit within thair buik markit as said is, under the pane of ane hundreth merkis money toties quoties, but prejudice alwayes of the horningis, quhilkis the saidis clerkis omissioun or neglect in this behalf sall nawayes mak invalide.
[1600/11/44]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and haill estaittis of parliament presentlie convenit, for removeing of the present feadis that aboundis within this realme, findis it meitt and expedient that the parteis be chargeit to compeir befoir his hienes and secrete counsaill at sic dayes as sall be thocht expedient, to submitt to tua or thrie freindis on ather syd or to subscryve ane submissioun formit and send be his majestie to thame to be subscryvit; quhilkis freindis, be thair acceptatioun, sall be bundin ather to decerne within the space of thrittie dayes eftir they have acceptit or ellis to aggrie at thair first meting on ane overisman quha sall decerne within that space, quhilk gif they can nocht do, they sall within the foirsaid threttie dayes reporte the ground and cause of thair dissagreance to his majestie and sic speciallis of his counsaill as his hienes sall find leist parciall and suspect, quhais majestie, be the advyse of the estaitis heir present, is declarit to be overisman in that mater. And failyeing that the freindis arbitratouris ather decerne or reporte nocht within the foirsaid space eftir thair acceptatioun, everie ane of thame be the authoritie of this present act to incur the pane of ane thowsand pundis to be imployit to his majesteis use. And becaus all feidis ar ane of thir thrie naturis, namelie, that thair is ather na slauchter upoun nather syd, or slauchter upoun ane syd onlie, or ellis slauchter upoun baith sydis, the pairteis in the first may be commandit to aggrie dew satisfactioun being offerit and performit at the sicht of the freyndis and overisman in maner foirsaid. Quhair thair is slauchter upoun baith sydis his majestie may be rigour and qualitie of justice compell thame to aggrie dew satisfactioun to be maid on ather syd according to the qualitie of the offence and persones offendit. Quhair the slauchter is onlie on the ane syd, the pairtie grevit can nocht refuise in ressone to submitt in maner foirsaid all querrell he can beir to ony persone innocent, justice being maid patent to him aganis the giltie, specialie he being ordanit be this present act to persew nane uther bot the giltie and that be law, and the pairtie sa persewit nocht to beir querrell for it bot to defend in lauchfull maner. And that all querrell sall ceis aganis sic as sall be lauchfullie persewit in this forme ather be thair convictioun and executioun be law or utherwayes be thair clengeing and aggrement that all persones, being of perfyte age and within the cuntrie haveing interes to persew ony pairtie for crymes capitall, sall within fourtie dayes eftir the publicatioun of this present act, at the heid burgh of the schire quhair the persewar duellis, raise and cause execute thair lettres in the said mater and insist in the persute thairof; with certificatioun to sic as failyeis that thair actioun sall perische, expyre and be extinct and the said persewar sall be compellit to submitt his actioun in maner abonespecefeit, reserveand alwayes to his majestie his actioun as accordis of the law, provyding that gif the said persewar satisfie the ordinance of this present act, and be delayit ather be ane continewatioun of the dyat, be warrand of the prince or be the dilatour defense proponit be the pannell for eluding of the finall tryell of the persute, in that caise the prescriptioun nawayes to ryn aganis the persewar, haveing done his possibill diligence in maner foirsaid. And becaus the giltines of crymes consistis nocht onlie in the persoun of the actuall committaris thairof bot also in the authouris, causeris and moveris of the samyn to be committit, quha ar airt, pairt and giltie of the said act, quhairof na publict knawlege nor certane tryell is had, his majestie and estaittis, nawayes willing that nather the authouris or actouris of sic heynous crymes escaip the dew punischment throw obscuritie and lak of public knawlege thairof, declaris that the pairteis offendit doand thair diligence as said is aganis the actuall and knawin committaris of the saidis crymes and satisfeand this act anent thair reconciliatioun with all utheris persones sall nawayes be prejudgeit of thair actioun competent aganis sic persones of quhais giltines they sall heireftir gett knawlege, provyding that they sall beir na feid aganis the saidis suspect persones quhill fyrst eftir sufficient informatioun obtenit they raise thair lettres for summonding of the saidis pairteis to underlie the law and ather mak thame fugitive or utherwayes obtene the persute decydit. And forder that the prescriptioun of this present act sall nawayes militat aganis ony pairtie quhais actionis ar alreadie submittit to ane langer day nor is prescryuit in this act, provyding that the pairtie do his diligence in maner abonewrittin within fourtie dayes eftir the expyring of the said submissioun. And to the intent that justice be na occasioun to breid forder trubill, everie† pairtie sall cum to the towne accumpanyit alanerlie with tuentie four persones, quhair baith they and thair cumpany sall keip thair ludgeing to the hour of cause, at the quhilk first the ane and syne the uther sall be brocht out be the towne in armes accumpanyit fra thair ludgeing to the bar, with the number prescryvit to thair art be act of parliament, the controvenar quhairof, gif he be persewar, sall tyne his persute in tyme cumming, and gif he be defender he sall be denuncit rebell as presumit giltie and refuisand lauchfull tryell. And for staying of all deadlie feidis in tyme cumming quhair thair is na caus nor querrell gevin as yit it sall nocht be lauchfull to the persewar to invaid, persew, beir feid or querrell aganis ony freind of the offender, innocent and nocht accusit and convict of the cryme, under the paine of tynfall of his actioun and persute aganis the giltie and be compellit to submitt with the offenderis self, reserveand alwayes to his majestie his actioun aganis him for the cryme; lyk as the freindis of the giltie persone being convict and fugitive fra the law sall nocht beir querrell for his persute be law, nather mantene, supplie nor ressaitt him under the panis contenit in the act aganis ressaitteris of fugitives and rebellis. And in cais ony of the freindis of the giltie persone ressait him in contempt of this present act and utheris his hienes lawes, the pairtie grevit, assistit with his hienes advocat, sall onlie persew the ressaitter be ordour of law without convocatioun, feid, grudge or querrell to be borne aganis him thairfoir, utherwayes under the pane of tynfaill of his said laufull actioun in all tyme cumming. And to this ordour befoir specefeit the haill nobilitie and estaittis present have gevin thair approbatioun and consent and sworne to conforme thame thairto in all feidis quhilkis sall fall out in tyme to cum. And this present act nawayes to militat in sic caise quhair the pairtie offender is denuncit rebell or salhappin heireftir to be fugitive and put to the horne for slauchter or uther capitall crymes during the tyme of thair rebellioun, and to the intent thir present articlis may have the better effect and be the mair willinglie imbraceit be his majesties haill subjectis, his hienes, of his propir motive and gracious inclinatioun to justice, quietnes and weill of his people, solempnitlie declarit and faythfullie promittit in presens of the saidis estaittis that for slauchter and uther odious crymes to be heireftir committit his hienes sall grant na respett, remissioun, pardoun or oversicht at ony tymes heireftir albeit the pairteis transact and aggrie amangis thame selffis, till the inveterat and dampnabill customes of the saidis heynous crymes be routit out and altogidder supprest; quhilkis articlis abonewrittin in the haill heidis and pointis of the samin oure soverane lord and estaittis foirsaidis presentlie convenit ratefeis, apprevis and confermis and ordinis the sam to have the strenth, force and effect of ane law in all tyme cumming, and that lettres of publicatioun and executorialis pas heirupoun for the better observatioun heirof in this present parliament.
[1600/11/45]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament ratefeis, appreves and confermes the act of counsaill maid at Halyrudhous, the tuentie sext day of Februar 1597, in the haill pointis and articlis of the samyn and ordinis the samyn to have the force, strenth and effect of ane act of parliament, and ordinis his hienes thesaurar to be cairfull and diligent in uplifting and intrometting with the penalteis quhilkis salhappin to be incurrit be ony persone in nocht observeing of the said act, and the samin penalteis to be applyit haillelie to the furnessing of armour and of all uther wairlyk provisioun for his majesties houses, off the quhilk act the tennour followes: At Halyruidhous, the tuentie sext day of Februar the yeir of God jM vC fourscoir sevintene yeiris. Forsamekill as it is maist requisit that in tyme of peax provisioun be maid and cair takin for the wair, quhan at Godis plesure the samyn salhappin to fall out, and his majestie and the lordis of his secrete counsaill, considering that thair is diverse gude and lovible lawes and actis of parliament maid and sett out be his hienes maist nobill progenitouris and specialie be King James the fyft, his hienes gud father of worthie memorie, anent harnes, wappynnis and armour, that everie man be armit according to his rent and of generall mustoures and wappinschawingis and toward the premunitioun thairof, and sindrie utheris ordouris tending to the preparatioun for wair and defence of the realme, quhilkis of a lang tyme bigane hes nocht bene dewlie observit and put to executioun, to the great hurte and prejudice of the commoun weill; thairfoir his majestie, with advyse of the lordis of his secrete counsaill, hes thocht meitt, concludit and resolvit that everie erle, lord, baroun and utheris his hienes liegis of the rank, degrie and substance heireftir specefeit sall be furneschit and armit as is heireftir prescryuit within the space of ten monethis nixt eftir the publicatioun heirof at the mercat croces of the heid burrowes of this realme; that is to say, that everie erle be armit and furnessit with corslatt of pruif, heidpece, wambrais, teslettis and ane Spanische pyk and that he be furnessit with tuentie stand of armour in maner foirsaid for his awin houshald; that everie ane of the saidis lordis be alsua armit in the samin forme and maner, and furnessit with ten stand of the samyn armour for his awin houshald; that everie baroun be lykwayes armit as said is and furnessit with ane complete stand of the samyn armour for everie fyftene chalderis of victuall that he may spend; that everie baroun and gentilman quhais leving dependis nocht upoun victuall sall be provydit and furnessit with ane complete stand of the foirsaid armour for everie thowsand merkis of his yeirlie rent; that everie gentilman valiant in yeirlie rent thrie hundreth merkis, outher in victuall or silver, be furnessit with ane licht corslett and pyk or ellis ane muskat with forcat, bendroll and heidpece, and this to be extendit alsweill to thame duelland to burgh as to landward; that the provest, bailleis and counsaill duelland within everie burgh tak ordour everie ane of thame within thair awin boundis and jurisdictioun, that everie of thair nichbouris, burgesses and induellaris within thair towne worth fyve hundreth pundis of frie geir be furnessit with ane complete licht corslett, ane pik, ane halbert or tua handit sword or ellis ane muskat with forcat, bendroll and heidpece, and that for everie licht corslett and pick within thair burgh thair be tua muskattis, and that everie schiref and sic utheris as sall be appointit commissionaris to this effect tak the lyk ordour with all and quhatsumevir persones duelland to landwart within thair boundis and jurisdictioun being of the lyk rank, estait and substance. Attoure his majestie, with advyse of the saidis lordis, for the mair spedie effectuating of this ordour, hes alsua thocht meitt to appoint ane generall mustouris and wappinschawing to be maid be all his hienes lieges universallie throw all the partis of this realme upoun the first day of Maii the yeir of God J vC fourscoir nyntene yeiris, to be ressavit be the schireffis, stewartis, bailleis of regaliteis and ryalteis, assistit with sic commissionaris in everie schyre as sall pleis his majestie be his missive letter to appoint, and be the provestis and bailleis within burgh; and to the effect nane sall pretend ignorance heirof, ordinis lettres to be direct to officiaris of armes, schireffis in that pairt, chargeing thame to pas and mak publicatioun and intimatioun of the premiss to all and sindrie his hienes liegis be oppin proclamatioun at the mercat croces of the heid burrowes of this realme and all utheris places neidfull, and als to command and charge all the saidis erlis, lordis, barones, gentilmen and utheris particularlie abone specefeit to prepair and furneis thame selffis and thair houshalderis with the severall armour befoir expressit within the said space of ten monethis nixt eftir the publicatioun heirof at the mercatt croces of the heid burrowes of the schirefdomes quhair they duell under the panis following; that is to say: everie erle under the pane of tua thowsand merkis; everie lord, ane thowsand merkis; everie baroun, for everie fyftene chalder of victuall that he may spend, ane hundreth merkis; and everie uther persone of the rank and substance abonewrittin, fourtie pundis. And siclyk to command and charge the foirsaidis persones and all utheris his hienes liegis duelland alsweill to burgh as to landward, regalitie as ryaltie, to prepair and adress thame selffis weill and substantiouslie provydit, furnessit and armit, ilkane of thame particularlie as is abone prescryuit, to gif and mak thair mustouris and wappinschawingis upoun the said first day of Maii in the yeir of God foirsaid in presens of the saidis schireffis, stewartis, bailleis of regaliteis and ryalteis and sic utheris as sall be appointit his hienes commissionaris within everie schirefdome for ressait of the sam mustoures; certefeing thame that failyeis in ony point of the premise or sall be fundin absent fra the samin mustouris or yit that beis present, sall nocht be armit according to the tennour of thir presentis in everie point, they being of the rank or substance abonespecefeit, that nocht onlie sall the panis abone mentionat be uptakin of thame bot that they sall be nochtit, repute and estimit as nocht comperand to the saidis mustouris and wappinschawingis and the panis prescryuit be the saidis actis of parliament maid thairanent sall be execute aganis thame with all rigour and extremitie in exampill of utheris.
[1600/11/46]*[print] [email] [cite] [preceding] [following]
Forsamekill as in tyme bigane the onlie meane for quieting of the bordouris wes entrie of pledges and the keiping of thame in suirtie, that incais ony enormitie or wrang wer committit be ony of the gang or surname for the quhilk they wer enterit pledges than justice suld be execute aganis the saidis pledges with all rigour; and becaus heirtofoir ane great number of the nobilitie and barones, being burdenit for keiping in suretie sum of the saidis pledges, hes maid thair excuse of the danger and inconvenient that micht occur to thame incaise of the escaipp of ony of the saidis pledges delyverit to thame in keiping, quhilk being easie to be preventit be the mair imprisonment of thame, oure soverane lord and estaittis of parliament findis that nane of the nobilitie and barones being burdenit to ressave ony of the saidis pledges sall refuse to accept thame upoun excuse of ony inconvenient quhatsumevir that may ensew bot sall ressave thame and keip and detene thame ay and quhill the saidis pledges be suittit to be redelyverit be thame and sall be answerabill for thame that they sall nawayes escaip, ilk pledge under the pane of twa thowsand pundis.
[1600/11/47]*[print] [email] [cite] [preceding] [following]
Forsamekle as be commoun consuetude of all cuntreyis speciall prohibitioun is maid to all sortis of persones to slay wyld foull, hair or venessoun, except sic as be thair revenewis may beir the charges and burding of the halkis, houndis and doggis requisit in sic pastymes, inrespect the samin alsweill hes bene creatit for the recreatioun of mankynd as for thair sustentatioun; lyk as it is of trewith that be diverse and sindrie actis of parliament, utheris statutis and proclamationis maid heirtofoir all slaying of the said wyld foull and beistis be ony indirect meanis sic as hagbutt, girn, nett and fouller dogg is specialie forbiddn and diverse penalteis contenit in the samyn act, yit nevirtheles sic hes bene the slaknes of the executioun of the same that diverse and sindrie persones, haveing greater regaird of thair gane and commoditie quhilk they purcheis be the selling of the said wyld foulle to sic persones quha preferris thair awin inordinat appetite and gluttonie ather to the obedience of the saidis lawes or to the recreatioun that may be had be the direct slaying of the samin, hes usit all the saidis indirect meanis in slaying of the saidis wyld foulle and bestiall quhairby this cuntrey, being sa plentifullie furnessit of befoir, is becum altogidder scairth of sic wairis. For remede quhairof, and that the continewing of the said abuse may nocht procure worse inconvenientis seing in tyme of peax in all tyme bigane the saidis pastymes of hunting and halking wer the onlie meanis and instrumentis to keip the haill lieges bodyes fra nocht becumming altogidder effeminat, oure soverane lord and estaittis of parliament, finding that the dischargeing of the selling of the said wyld foull and vennysoun sall procure ane remede of the said abuse, haif thairfoir dischargeit, lyk as be thir presentis they discharge, ony persone quhatsumevir within this realme in onywayes to sell or by ony fastan, reid or fallow deir, dais, rais, hairis, partrikis, murefoullis, blak cokkis, aith hennis, termigenis, wyld duikis, teillis, atteillis, goldynkis, mortynis, schiwerinis, skeldraikis, herroun butter or ony sic kynd of foullis commounlie useit to be chaisit with halkis under the pane of ane hundreth pundis to be incurrit alsweill be the byar as seller; and incais of the inhabilitie of ony of the saidis persones to pay the said sowme, that the apprehender of thame sall cause thame to be skourgeit throw the burgh or towne quhair they sall be apprehendit, and als discharges ony of the saidis liegis in onywayes to slay ony of the saidis wyld foulle or beastis abonespecefeit be girn, nett or hagbute under the pane abonespecefeit to be incurrit be thame. For executioun quhairof, oure soverane lord hes gevin and grantit power and commissioun to all schireffis, stewartis, bailleis, alsweill of regaliteis as ryalteis, provestis and bailleis of burrowes and everie baroun within his awin baronie speciall justices to that effect, gevand thame full, frie and plane power to uplift or execute the panis abone specefeit aganis the transgressouris of thir presentis, the ane half of the saidis pecuniall panis to be intromettit with be thame to appertene to oure soverane lord and to be payit to his hienes thesaurar and the uther half to the delator and apprehender. And becaus ane of the greatest occasiones of the scarstie of the saidis partrikis and murefoull is be ressone of the great slauchter of thair puttis and youngeanis, quhan as for youth nather ar they abill to gif pastyme and for quantitie can nawayes be ane great refreschement, thairfoir oure soverane lord hes dischargeit all his hienes subjectis quhatsumevir in onywayes to slay or eat ony of the saidis mureputtis or ony of uther kyndis befoir the thrid day of Julii, or ony partrik pute befoir the aucht day of September. Alwayes oure soverane lord and estaittis foirsaidis declaris that this act sall nawayes comprehend cunning, wod cokkis, plevaris nor wyld gusse bot the samin to be slayne with nettis and utheris ingynes nocht forbiddin be the lawes of this realme and to be cost and sauld as lauchfull merchandice as of befoir.
[1600/11/48]*[print] [email] [cite] [preceding] [following]
Forsamekle as ane of the greatest caussis that hes moveit thyift and ressait of thyift to incresce within this realme, and specialie within the bordouris and merches of the samyn, hes bene the impunitie of the comittaris thairof be ressone it hes bene ressavit in consuetude this lang tyme bigane that the making of redress of the gudis and geir tane to the pairtie greveit be the committaris of the theift and ressaittaris of the samyn hes bene ane sufficient exoneratioun to thame fra ony punischement, quhilk justlie they deserveit in thair persones for being giltie and culpabill of the saidis crymes, albeit gif sic offence had bene punischeit with severitie in the persones committaris of the samyn they be thair exampill wald have moveit and terrefeit utheris be thair misbehaviour to incur the lyk danger; and quhair as be the ancient lawes of the bordour thair useit na redress at all to be maid except be the opposite wardanes of this realme and Ingland of gudis tane be the subjectis of ane natioun fra the uther and nawayes within this realme be ane subject to ane uther, bot the committaris of sic crymes war punist to the death; and oure soverane lord, finding that the dissuetude of that lovabill law and custome in the rigorous executioun of the persones of the saidis theiffes hes causit the greater misregaird and contempt of his hienes authoritie and less accompt be thame to offend, hes thairfoir statute and ordinit that in all tyme heireftir within the boundis of the saidis merches or ony of thame, conforme to the first lawes and customes of the saidis bordouris, nane of the wardanis of the samin nor na uther officiar sall nawayes tak the redress of the gudis and geir to be reft and stollin fra the doaris and committaris of the samin for the satisfactioun of the pairtie reft and spulyeit, bot sall cause execute with all rigour the lawes and actis of parliament maid aganis theiffis and thair ressaittaris and cause thame be punist to the death conforme to thair deserveing, as they will answer to his majestie upoun the discharge of thair office. And siclyk it is statute and ordinit that gif persone quhatsumevir giltie or culpabill of thift or ressaitt of the samyn salhappin to be fugitive for the said cryme and will on nawayes enter to the lieutennent wardane or uther officiar to be appointit in the said bordour for pacifeing of the samyn and administratioun of justice thairintill, the said lieutennent wardane or uther officiar sall cause burne his house, putt his wyf and his bairnis furth of the samyn and mak intimatioun of thair dissobedience at the mercat croces of the schires, to the effect that the knawlege of the samin may cum to the haill inhabitantis within the said schirefdome; and oure soverane lord and estaittis declaris that quhatsumevir persone sall ressaitt, supplie or interteny the saidis fugitive persones, thair wyffis, bairnis or geir eftir the said intimatioun sall be culpabill and giltie of his bigane offences and sall remane answerable to his hienes and his officiaris for ony offence to be committit be the said persone fugitive thaireftir; and thir presentis to be extendit alsweill to heland as bordour.
[1600/11/49]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, for eschewing of falsattis and securitie of all the lieges, statutis and ordinis that in tyme cummyng all instrumentis of seasing, reversionis, regress, band or promesis for geving of reversionis or regress, discharges of reversionis, assignationis to reversionis, intimationis of the samyn, renunciationis of wodsettis and grantis of redemptioun quhilkis sall nocht be registrat in the buikis of counsaill and sessioun within fourtie dayes nixt eftir the making and perfyting of the samyn (excepting alwayes seasingis of burrowlandis hald in frie burgage, gevin upoun resignatioun maid in the bailleis handis conforme to the act of parliament) be insert and registrat in the registeris presentlie appointit to that effect within the foirsaid space of fourtie dayes eftir they be perfytit, utherwayes to be null and to mak na fayth in judgement nor outwith and the said nullitie to be ressavit be way of exceptioun, and the saidis registeris for the greater ease of the lieges to be establissit in the particular places following: that is to say, ane in the towne of Kirkwall in Orknay for the haill inhabitantis and landis lyand within the schirefdome of Orknay and Yetland, ane in the burgh of Invernes for the schirefdome of Invernes and Cromartie, ane in the burgh of Elgin for the schirefdomes of Elgin, Forres and Narne, ane in the burgh of Aberdene for the schirefdomes of Aberdene, Banf, Kincardin, ane in the burgh of Dundie for the schirefdome of Forfar, ane in the burgh of Perth for the schirefdome of Perth and stewartrie of Stratherne (exceptand the stewartrie of Menteith), ane in the burgh of Striviling for the schirefdome of Striviling, Clakmannan and stewartrie of Menteith, ane in the burgh of Couper in Fyfe for the schirefdomes of Fyff and Kinroschire, ane in the burgh of Edinburgh for the schirefdome of Edinburgh principall and constabularie of Hadingtoun, ane in the burgh of Lynlythqw for the schirefdomes of Lynlythqw and Baithcatt, ane in the burgh of Lauder for the schirefdomes of Beruik, Roxburgh, Selkirk and Peblis and baillerie of Lauderdaill, ane in the towne of Hammyltoun for the shirefdome of Lanerk (exceptand the burgh and baronie of Glasgow) and ane in the citie of Glasgow for the baronie of Glasgow and schirefdome of Renfrew, ane in the burgh of Dunbartane for the schirefdomes of Dunbartane, Bute, Argyle, Arrane and Tarbatt, ane in the burgh of Air for the schirefdome of Air and bailleries of Kyle, Carrik and Cunynghame, ane in the burgh of Wigtoun for the schirefdome of Wigtoun, ane in the burgh of Drumfreis for the schirefdome of Drumfreis and stewartreis of Kirkcudbricht and Annandaill, or ony uther place or places mair convenient as the keipar of the saidis registeris sall think maist expedient, dew intimatioun being maid to the lieges of the samin; and the saidis evidentis to be registrat in the particular buikis appointit for ilk schirefdome as said is and, to the effect the said office may presentlie and in all tyme cumming be the mair faythfullie administrat, statutis and ordinis the samyn to be annext and incorporat with the office of secretarie and the foirsaidis registeris to be callit the registeris of the secretarie in all tyme cumming, and that the secretar present and to cum have the said office as ane propir pairt and pertinent of the said secretarie, mak and constitute particular deputtis, ane or ma, for all the dayes of thair lyfetyme or utherwayes as he sall think expedient, in everie ane of the places foirsaidis of gude fame, literature and conversatioun, for quhome he sall be answerable and quha sall be resident within the said towne and burgh, reddie at all tymes to ressave fra the pairteis thair evidentis and to registrat the samin within the space of tuentie four houris nixt eftir the ressaitt thairof, and delyver to the persentar of the samin thair evidentis markit be him, with the day, moneth and yeir of the registratioun and in quhat leaf of the buik the samin is registrat, and sall tak alanerlie for his panis the sowme of threttene schilling four penneis as for the price of ilk leaf of his register, writtin on baith the sydis, and according thairto sall tak proportionalie for registring of everie ane of the saidis evidentis; and the saidis registeris to be fillit be the saidis deputtis to be markit be the secretar or his deputtis to be appointit be him for that effect with ane nochte of the particular number of the leives that the samin sall contene; and the saidis registeris eftir the filling of the samin to be reportit to the said secretar to remane with him, and be patent to all oure soverane lordis lieges that sall have ado with the samin, the extract of the quhilk register sall have als great faith and strenth as gif the originall wer schawin, except the pairteis haveing interes to oppone aganis the saidis wryttis offer to impreve the samin be way of actioun or exceptioun, in the quhilk caise the pairtie purchesser of the saidis evidentis and utheris haveing interess to defend the samin sall be haldin to produce the principall and originall, nochtwithstanding thai be registrat as said is, and that nane of the saidis evidentis to be of force, strenth or effect to ony intentioun bot to be null and of nane availl except the samin be registrat as said is. It is alwayes provydit be the tennour of this present act, for remeid of the negligence of pairteis, that gif the principall wryttis markit and registrat as is abonewrittin be nocht liftit be the producearis within the space of thrie monethis eftir thai be markit and registrat as said is, that the saidis clerkis sall be na mair comptabill for thame nor the wryttis producit repute as registrat, except it may be sufficientlie verefeit be authentick instrumentis the non redelyverie of thame to have bene in the clerkis default, and that lettres of publicatioun be direct heirupoun in forme as efferis.
[1600/11/50]*[print] [email] [cite] [preceding] [following]
Forsamekle as it is understand to the kingis majestie and estaittis of this present parliament that be diverse actis of parliament, lawes and constitutionis heirtofoir observit all maner of Englis gudis brocht within this realme ar and hes bene evir subject and in use of payment to his hienes of ane certane custome and duetie propirlie appertening to his majestie as ane pairt of the patrimonie of his crowne, lyk as alsua uther sortis of claith, silkis stuffis and merchandice brocht within this realme fra forene nationes ar be ane act of his majesties nobilitie, counsaill and estaittis, of the date the thrittene day of Maii the yeir of God jM vC fourscoir sevintene yeiris, ratefeit and apprevit in the parliament haldin at Edinburgh in the moneth of December that same yeir, subject in the payment of ane certane custume to his hienes, and the mercheandis inbringeris of the saidis guidis aucht nocht to loss, brek bowke nor dispone thairupoun quhill the samin be first enterit, syne markit and dewlie custumat be the custumaris appointit thairto. Nochtwithstanding, the custume of the saidis gudis ar verie far oversene, to the great hurte and discommoditie of his majestie, inrespect thair is na seall appointit to be hungin to the saidis gudis according to the use and consuetude observit in utheris nationes, quhairby the gudis custumat culd nawayes be knawin be the uncustumat gudis, and sua be thair confusioun the mercheandis awneris and inbringeris of the saidis gudis immediatly eftir the arryveing and cumming of the saidis gudis within this realme lose, brekis bowke, sellis and conceillis the samyn and nevir offeris nor presentis na pairt thairof to be custumat conforme to the ordour, to the great prejudice of his hienes. Quhilk being now considerit be his hienes, his said nobilitie, counsaill and estaittis, and they finding that be the want of the seall his majestie is and hes bene greatlie defraudit of his custumes, ordanis thairfoir the haill custumaris within this realme to caus mak and prent ane seall and stamp of seill contening tua halffis for everie burgh and sea porte within this realme quhair they ar establissit custumaris, the ane half thairof contening 'Jacobus Rex', with his hienes armes and crowne, and the uther half the name of the burgh quhair the samin sall remane; quhilk seall and stamp sall be applyit to leid, being sua strukin and prentit with the said stamp, sall be hungin to everie wob, pece and stik of claith, silk and stuf of quhatsumevir natioun that heireftir sall be brocht within this realme be sea or land befoir the samyn be presentit to oppin mercat, sauld or onywayes disponit upoun; and the ane half of the said seall to be keipit be the custumar and the uther half be the clerk of the coquett, the awneris of the said claith, silkis and stuffis, payand the custume thairof. And to the effect the claith, silkis and stuffis presentlie within this realme may be knawin and decernit fra that quhilk heireftir sall be brocht within the samin, it is alsua decernit and ordanit that the custumar of everie burgh and sea porte sall repair to the duelling house and buithis within everie ane of the samin burghes and portis quhair they ar particularlie appointit custumaris and thair ressave the aithis of the awneris of sic peces, stikkis and wobbis of claith, silkis and stuffis as ar thairin, quhidder the samin hes payit the custume thairof or nocht; and sic as hes nocht payit custume that the samyn be than instantlie payit and the said seall, in takin thairof, hungin thairto and to all the utheris peceis, steikis and wobbis quhilkis sall be apprehendit within the saidis buithis and houses quhairof the custume hes bene payit of befoir, upoun the expense alwayes of the said custumar; and that the awneris of the said claith and stuffis require the custumaris within everie burgh and parte particularlie to repair to thair saidis buithis and houses to this effect within fourtene dayes eftir the publicatioun heirof, and forder to do and performe all utheris thingis quhilkis to everie ane of thame is appointit to be done in maner foirsaid, under the pane of confiscatioun of all the peces, wobbis and steikis of claith and stuf that sall be apprehendit thaireftir wantand the said seall, and that na maner of persones inbringeris of the saidis claith, silk and stuf within this realme in tyme cumming presume nor tak upoun to sell nor dispone upoun the samyn nor na pairt thairof unto the tyme the samin be presentit to the custumaris within the custume house, the custume thairof payit and the said seall, in takin thairof, hungin to everie particular peice of the samin as said is, under the pane of escheitting of the samyn; certifeing thame and they failye that all and quhatsumevir wobbis, steikis and peces quhilkis sall be apprehendit wanting the said seall sall be confiscat and intrometit with to his majesties use as escheitt with all rigour and extremities in exampill of utheris, and that lettres of publicatioun be direct heirupoun quhairthrow nane pretend ignorance of the samin.
[1600/11/51]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, considering how that his majesties subjectis inhabiting the north pairt of this realme ar oft tymes drawin in great inconvenientis be sindrie charges direct aganis thame, sumtyme for finding of lauborrowis or compeiring befoir his majestie and his counsaill upoun ane simple charge of sex dayes, sua that be the schortnes of tyme and impossibilitie to thame to satisfie the saidis charges within sex dayes inrespect of the far distance of the place of thair residence fra the burgh of Edinburgh they ar oft tymes put under the danger of horning, quhair as gif they had convenient tyme grantit to thame thair wald nocht be sic dissobedience of sic great numberis of his majesties subjectis; for remede quhairof, it is statute and ordanit that na lettres of horning sall be direct aganis ony persones duelland be north the watter of Die upoun ane schorter space nor fyftene dayes at ony tyme heireftir, and the horningis to be useit aganis ony of the saidis persones upoun ane schorter space nor fyftene dayes sall be null and of nane availl.
[1600/11/52]*[print] [email] [cite] [preceding] [following]
The kingis majestie and estaittis of parliament, considering the manyfold indigniteis fra tyme to tyme done to his majestie be ane number of undewtifull and irreverent subjectis quha, to the contempt and dishonour of his majestie, makis frequent tulyeis and seikis the commoditie to revenge thair particular querrellis within the burgh of Edinburgh and the Cannogait and utheris pairtis ewest to the place of his hienes residence, nocht sparing sumtyme at his majesties awin bak to use thair privat revenge, to the hazart and perrilling of his hienes maist nobill persone; lyk as diverse persones under pretence of thair awin defence repairis and resortis within his majesties palaces armit with jakis, secretis or corslettis under thair dowblit and coittis, quhairthrow it is to be fearit that certane ewill disposit persones under collour of thair awin defence may attempt sum interpryse aganis his majestie or his domestikis; for remede quhairof, and eschewing of the inconvenientis that heirupoun may ensew, it is statute and ordanit that quhatevir persone of quhat estate, qualitie or degrie he be of sall presume or tak upoun hand at ony tyme heireftir to invaid or persew ony of his majesties subjectis within ony pairt of this realme within ane myle to the place of his hienes residence and remaning for the tyme, or quha sall resort and repair within his majesties palaces or ony pairt of his residence armit with jakis, secrettis or corslettis under thair coitis, dowblettis or utherwayes, that the saidis persones makeris of the saidis tuilyeis and combattis, eftir dew tryell that they wer the first onsettaris, as alsua the saidis persones repairing armit within his majesties house as said is, sall be takin, apprehendit and wairdit for yeir and day and forder ay and quhill they fyne with his majestie for thair libertie according to his hienes gude plesure.
[1600/11/53]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estaittis of this present parliament, considering the lang, trew and thankfull service done to his majestie thir tuentie four yeiris bigane be his belowit and domestik servitour Schir Patrick Murray of Ganeis, knycht, gentilman of his majesteis chalmer, nocht onlie in his daylie and continuall attendance upoun his hienes maist royall persone during the space foirsaid bot also in his maist faythfull and diligent administratioun of his majesties privat and publict affairis committit to his charge, and namelie in the quieting and pacefeing of diverse rebelliounes and seditiounes within the north pairt of this realme and reconceilling of diverse great deadlie feidis standing betuix diverse of his majesties nobilitie, barounes and gentilmen quhilk wes lyklie to have inflamit and brint up the haill bowellis of this cuntrey gif his majestie, be the speciall providence of God, had nocht preventit the samin be directing and employing of the said Schir Patrick to travell ernestlie with the saidis pairteis for taking away of the saidis deadlie feidis, quhairintill his travell hes succedit sa happelie that the haill nobillis, barrounes and gentilmen for the maist pairt within the north ar reconceillit togidder be his singular cair and diligence, to the great contentment of his majestie and commoun peax and quietnes of the haill realme. Thairfoir his majestie and estaittis foirsaidis, considering the said Schir Patrick his service to have bene verie profitable to his majestie and to the haill liegis of this realme, hes ratefeit and approvin and be the authoritie of this present parliament ratefeis and apprevis the infeftment maid be his majestie to the said Schir Patrick, his airis and assignais off all and haill the baronie of Gaines, comprehending the particular landis, teindis, mylnis, woddis, fischeingis and utheris thairin contenit in all the heidis, articlis, clauses, provisionis, conditionis and all utheris circumstances thairof, with the erectioun of the samin in ane frie baronie to be callit in tyme cumming the baronie of Ganeis, for the yeirlie payment of the few duetie mentionat thairintill, quhilk is of the date the first day of Februar jM vC fourscoir sevinteine yeiris, with his seasing following thairupoun; and findis and declaris that the samin is and sall be in all tyme cumming ane sufficient, lauchfull and effectuall infeftment to him, his airis and assignais for bruiking and joising of all and sindrie the saidis landis, woddis, mylnis, fischeingis, with tennentis, tenandreis and service of frie tennentis particularlie specefeit thairintill, and that the conversioun of victuall, custum and utheris dueteis in money mentionat in the said infeftment is na diminutioun of the rentall of the said land, bot that it wes, is and sall be lesum to his majestie to have convertit and to convert the fermes, victuall, custumes and utheris dueteis of the saidis landis in the said silver duetie specefeit and expressit in the said infeftment nochtwithstanding of quhatsumevir actis of parliament or constitutionis maid or to be maid in the contrair, and specialie nochtwithstanding of the act of parliament maid upoun the tent day of December† jM vC fourscoir fyve yeiris ordaning all beneficeit persones to leaf thair benefices als gude as they find the samin and dischargeing thame of all conversioun of victuall in money; and als nochtwithstanding of the act of annexatioun of kirklandis to the crowne nor ony clause or conditioun thairin contenit, and of the act of parliament maid in anno jM vC fourscoir sevintene yeiris anulling all infeftmentis of fewfermes of fewit landis, with the quhilkis actis and all utheris lawes and constitutiounes quhilkis may be prejudiciall to the said infeftment in onywayes his majestie, with advyse foirsaid, expreslie dispensis and makis express dirogatioun to the samin in all tymes cumming be thir presentis. Attour, his majestie, in consideratioun of the said Schir Patrikis maist worthie service abonementionat, and to gif him the better occasioun to continew thairintill, with advyse foirsaid, hes suppressit and suppresses the monasterie and abbay of Ferne quhairunto the saidis landis wer annexit as ane pairt of the patrimonie thairof, with the haill ordour of monkis, freiris and channounis of the samin. And to the effect the said Schir Patrik may be provydit with ane perfyte and sufficient securitie and heretable titill of the saidis landis, baronie, mylnis, woddis, teindis, fischeingis and utheris contenit in his said infeftment, and that the said infeftment maid to him alreadie may be the mair effectuall and that his majestie, with advyse foirsaid, may dispone the new infeftment underwrittin of the saidis landis, baronie and thair pertinentis, his hienes, with advyse and consent of the saidis estaittis, hes dissolvit and be the tennour of this present act expreslie dissolvis all and haill the saidis landis, baroneis, mylnis, multuris, teyndis, fischeingis, with tennentis, tenandreis and service of frie tennentis and all utheris particularlie mentionat in the said infeftment, fra the annexatioun of kirklandis to the crowne, to the effect his majestie may sett the samin of new agane in fewferme to the said Schir Patrik, his airis and assignais, for the payment of the said yeirlie few duetie specefeit in his former infeftment maid to him thairupoun; and findis and declaris that it sall nocht onlie be lesum to his majestie to sett the samin landis and baronie and utheris abone specefeit to the said Schir Patrik, his airis and assignais in fewferme for the yeirlie payment of the few duetie contenit in his said infeftment of the samin and to convert the victuall, caynis, customes and utheris dueteis of the saidis landis in money siclyk and als frelie as ony prelatt or ecclesiasticall persone micht have done befoir the making of the said act of parliament in the said yeir of God jM vC fourscoir fyve yeiris, as that the said conversioun of the victuall and custumes in money is na diminutioun of the rentall of the saidis landis, bot alsua that his majestie may interpone the said Schir Patrik, his airis and assignais as superiouris to all and sindrie the feweris of ony pairt of the saidis landis quha had obtenit and purchest sufficient fewes and infeftmentis of the samin dewlie and laufullie confermit befoir the said act of annexatioun, and that nochtwithstanding of the said act of annexatioun and of the said act annulling the infeftmentis of fewferme of fewit landis or of ony lawes or constitutionis maid in the contrair. And als his majestie, for the said Schir Patrikis better securitie of the saidis landis, with consent foirsaid, ordanis ane new infeftment to be maid under his hienes great seall gevand, grantand and disponand to the said Schir Patrik, his airis and assignais heretablie in fewferme all and haill the saidis landis, mylnis, wodis, fischeingis and utheris eftirmentionat, to wit: the maner place of Ferne, callit of auld the monasterie or abbay of Ferne, with houses, biggingis, yairdis, orchardis, wardis, medowes, pairtis, pendiclis and all thair pertinentis, the landis and maynis of Ferne with thair pertinentis, the townes and landis of Eister and Wester Ferne with thair pertinentis, the myln of Ferne with the mylnlandis, astrictit multuris and all thair pertinentis, the drum of Ferne, upoun the eist syd of the maynis of Ferne, with thair pertinentis, the kill of Ferne with the pertinentis, the landis of Badferne with the pertinentis, the landis of Inuercarroun, with the ailhouse croft of the samin and thair pertinentis, the landis of Downy and Downy Wester, with the ailhouse croft thairof and thair pertinentis, the landis of Muldarg with the teindis therof includit and thair pertinentis, the landis of Kirkidaf with thair pertinentis, the landis of Knokadae with the pertinentis, the landis of Mylntoun with the teindschevis of the samin and thair pertinentis, the landis of Balmochre and Ballamuckie with the teindschaves therof and thair pertinentis, the landis of Middilgray with thair pertinentis, the landis of Pitcorne and Pitchene with the pertinentis, the landis of Eister Ganie, Midganie and Wester Ganie with the pertinentis, the landis of Mekill Ranie with the pertinentis, the landis of Ballowblair, with the ailhous and teyndschaves of the samin, with the pertinentis, the landis of Dowcroft with the teindschaves and thair pertinentis, the landis of Brighouse with the ailhous and teindschaves of the samin and thair pertinentis, the landis of Mylncroft with the teindschaves thairof includit and thair pertinentis, the landis of Weitlandis with the teindschaves of the samin, togidder with the fischeing of Bruach and thair pertinentis, the landis of Catboll Fischer with thair pertinentis, the landis of Bathleweth with thair pertinentis, the landis of Tulloch with the teindschaves thairof includit and thair pertinentis, the landis of Lachlavege and the ailhouscroft thairof with thair pertinentis, the landis of Litill Rany, the landis of Aydowie with the pertinentis, the landis of Annollie with thair pertinentis, the landis of Rallony with thair pertinentis and four ailhouses in Ferne with thair pertinentis, the landis callit Smythislandis or Smythiscroft, with the teindschaves therof and thair pertinentis, the Barncroft with the pertinentis, the croft callit Robesones croft with the pertinentis, the croftis callit Balnafcrath, the cottaris deallis and aucht akeris of land occupyit be the fischeris of Ferne, with the teindschaves thairof and thair pertinentis, the landis of Cullane with the teindschaves and thair pertinentis, the landis of Amott with the pertinentis, the fischeing of Bonacher with the pertinentis, togidder with houses, biggingis, yairdis, mylnis, multuris, woddis, fischeingis, wairdis, medowes, mures, marress, toftis, croftis, outsettis, pairtis, pendiclis, annexis, connexis, tennentis, tennandreis and service of frie tennentis of all and haill the foirsaid landis and utheris quhatsumevir, alsweill generallie as particularlie abonewrittin, with all thair pertinentis, lyand within the schirefdome of Invernes. Ordaning all and haill the saidis landis and utheris abone expremit to be erectit in ane frie baronie to be callit in all tyme cumming the baronie of Ganies, and with power to him and his foirsaidis to reduce, querrell and impugne all and quhatsumevir infeftmentis, fewes, takkis and assedationis of the saidis landis and utheris abonementionat quhilkis ar nocht lauchfully sett conforme to the lawes of this realme, according to the privileges and conditiounes of his said former infeftment grantit to him thairupoun, to be haldin of oure soverane lord and his successouris in fewferme heretablie for the payment yeirlie to his majestie, his hienes successouris and utheris haveand richt to the fewmaillis of the saidis landis the fewferme dewteis particularlie eftirmentionat, viz: the sowme of twa hundreth fyftene pundis xv s. vij d. usuale money of this realme at tua termes in the yeir Witsonday and Mertymes be equall portiones, threttie chalderis, sex bollis, tua firlottis, tua peckis beir; ane chalder, sex bollis aittis yeirlie betuix Yuill and Candelmes, fyftie four mutton, fyve metis, twentiefour dossoun capones, ane dossone pultrie, tuentie laidis of turffis, tuentie laidis of stray, threscoir laidis of peittes, fourtene laidis of firre, togidder with the hennis useit and wont and all utheris dueteis and services contenit in the said auld rentall of the saidis landis at the yeirlie termes therof useit and wont, or ellis the sowme of four merkis for ilk chalder of the saidis beir and aittis, the sowme of sex schellingis aucht pennies for ilk muttoun, the sowme of tuentie schillingis for ilk mairt, the sowme of auchtene schillingis for ilk dossone of capones, the sowme of tuelf schellingis for ilk dossone of hennis, the sowme of aucht schillingis for ilk dossone of pultrie, the sowme of tuelf pundis for ilk laid of turffis, the sowme of tua schillingis for ilk laid of stray, the sowme of aucht penneis for ilk laid of peittis, the sowme of tua schillingis for ilk laid of fyrr, at the optioun of the said Schir Patrik, his airis and assignais, extending in the haill to the sowme of four hundreth fyve pundis tua schillingis money foirsaid, togidder with tuentie schillingis in augmentatioun of the rentall.
[1600/11/54]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, calling to rememberance that his trustie and weilbelovit cousing and counsaillour Johne, marques of Hammyltoun, commendatar of the abbacie of Aberbrothok, is neirlie discendit of his majesties blude and that umquhile James, duke of Chattellerault, governour of this realme during the age popular of oure said soverane lordis darrest mother, faythfullie and trewlie dischargit the duetie of his office to the weill of his hienes realme and subjectis thairof, and als that for the defence of the liberteis of the samin, trublit be strangeris, the said duikrie of Chattellerault (the rent quhairof surmountit be yeir the sowme of threttie thowsand frankis) quhairin he wes heretablie investit wes takin fra him and his posteritie for assistance gevin be him to the removeing of strangeris and forineris furth of this realme. And oure soverane lord, being alsua weill rememberit of his constant and weill affectionat abyding with his said umquhile darest mother in mony of the trublis and afflictionis quhairin scho fell, to his great damnage and skaith in the banischement of himself and his bairnis, the want of all thair rentis and levingis for mony yeiris, besyd the loise of the lyfes of ane great number of his honourable freindis in hir querrell; as als oure said soverane lord considering the promptitude and redines of the said Johne, marques of Hammyltoun, to his hienes service at all tymes heirtofoir, nocht onlie as ane privat persone bot in many and diverse commissionis of lieutennentrie gevin to him at diverse tymes in his hienes les age as the necessitie of the realme requirit, with ane continewall perseverance of his earnestnes and zeall to tak away all dissentiones and seditionis that appeirit to ryse within this realme and sua far as in him lay to unit all his majesties subjectis to his hienes obedience, bot oure soverane lord, remembering maist specialie his faythfull and cairfull attendence upoun his majesties persone at sindrie perrellous tymes, and haveing laitlie gevin ane manifest takin to plesure his hienes and to accompleische his majesties will and desyre in delyvering to his hienes of the castell of Dunbartane, to the quhilk he wes appointit kepar be his majestie and thrie estaittis of parliament, his hienes hes laitlie provydit Lord James Hammyltoun, sone lauchfull to the said Johne, marques of Hammyltoun, to the abbacie of Aberbrothok, alsweill temporalitie as spiritualitie, teindis, fruittis, rentis, emolumentis, proffeittis and dueteis, haill kirkis, personages, vicarages and patrimonie of the samin, with all pendiclis, annexis and connexis thairof, be dimissioun entaills maid be the said Johne, marques of Hammyltoun, thairof acceptit and ressavit be oure said soverane lord, reserveand alwayes to the said Johne, marques of Hammyltoun the said abbacie of Aberbrothok, alsweill temporalitie as spiritualitie, teindis, fruitis, rentis, emolumentis and dueteis, haill kirkis, personages, vicarages and patrimonie of the samyn with all pendiclis, annexis and connexis thairof during his lyfetyme and with full libertie and fredome to bruik all digniteis, honouris and preeminences pertening to the said abbacie and benefice thairof and to sett takkis and assedatiounes of the rent and patrimonie of the samin for schorte space or lang and to use the haill richtis and commoditie of of the superiouritie of the temporalitie thairof and all proffeittis, casualiteis and accidentis appertening thairto, or to the said abbacie in onywayse, siclyk and als frelie as he micht have done befoir the dimissioun and resignatioun maid be him following thairupoun, as in the said provisioun past and expede under oure said soverane lordis great seall at mair lenth is contenit; quhilk provisioun, reservatioun, liberteis and all heidis and circumstances thairin contenit oure said soverane lord, for his hienes and his successouris, with advyse of the estaittis of this present parliament, ratefeis, apprevis and confermis. Attoure, oure said soverane lord and estaittis of this present parliament, for the causes foirsaidis, will, grantis, decernis and ordinis that be the said Lord James his provisioun to the said abbacie in maner foirsaid he sall nawayes be subject in payment of the first yeiris fruittis of the said abbacie nor of the fyft penny thairof during his lyfetyme nochtwithstanding of the act of parliament astrictand the persones to be provydit to prelaceis in the payment of the fruittis of the first yeir and in the fyft penny of all yeiris thaireftir; and siclyk that the said Lord James provisioun foirsaid sall stand in full force, strenth and effect to him during his lyfetyme nochtwithstanding of quhatsumevir act of parliament, law or constitutioun of this realme maid aganis the provisioun to benefices be the dimissioun of the possessour, with reservatioun of the possessouris lyfrent, and specialy nochtwithstanding of the act maid in the moneth of Maii jM vC fourscoir four yeiris and als nochtwithstanding of the generall act of annexatioun of the kirklandis of this realme to the crowne, with the quhilkis actis respective foirsaidis and all utheris statutis, ordinances and actis of parliament that in onywayes may detract or impede the full force and effect of the said provisioun or may mak the said Lord James to be subject in payment of the first fruitis and fyft penny in maner foirsaid oure said soverane lord and estaittis of this present parliament, for the causes foirsaidis, of thair speciall knawlege and propir motive, hes dispensit and dispenses be thir presentis, and forder oure said soverane lord and estaittis of this present parliament, for the causes foirsaidis, will, grantis, decernis and ordinis that the said Lord James Hammyltoun, be vertue of his provisioun foirsaid to the said abbacie, sall bruik and joise the samin, baith temporalitie and spiritualitie, haill fruittis, rentis, teindis, emolumentis, proffeittis and dueteis of the samin, the thrid thairof being exceptit pertening to oure said soverane lord, and that the said thrid sall be payit in all tyme cumming according to the quantitie mentionat in the assumptioun contenit in the lordis decrete of the date at Edinburgh, the thrid day of Marche, the yeir of God jM vC fourscoir sevintene yeiris, and in the comptis of the collectorie of the said abbacie sen the yeir of God jM vC threscoir ane yeiris; and that the said Lord James during his lyfetyme sall nocht be subject nor burdenit in payment of ony greater thrid of the said abbacie nor is contenit in the said decrete and comptis nor in payment of ony pensiones disponit to quhatsumevir persone or persones furth of the thrid of the said abbacie exceding the just thrid thairof mentionat in the said decrete and comptis foirsaidis.
[1600/11/55]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament ratefeis, appreves and for his hienes and his successouris perpetualie confermes the chartour and infeftment under the great seall grantit be his majestie eftir his hienes perfyte age of tuentie fyve yeiris compleit and generall revocatioun maid in parliament, with advyse and consent of his hienes comptroller for the tyme, to his majesteis richt trest cousignes Dame Annabill Murray, countes of Mar, hir airis and assignais heretablie of all and haill the heuch and bra of Parkhill of Striviling, now callit the Hanyng, with the pertinentis, lyand betuix the park dyk callit the merche dyk on the eist, the circuit of the yaird or orchard on the south, the eist pairt of the burne of the Spoutewall ascending to the Cowgart under the Parkhill on the west, and ascending be the Parkhill craig to the ground of the auldwall on the south pairt of the said passage, and swa to the said nobill ladyes yaird on the north pairtis, to be haldin of oure soverane lord and his successouris in fewferme and heretage for evir, as at mair lenth is contenit in the said chartour of the date the tuentie nynt day of August, the yeir of God jM vC fourscoir aucht yeiris, togidder with the instrument of seasing following thairupoun, and all and sindrie heidis, articlis and clauses specefeit and contenit in the saidis chartour and instrument of seasing; and that this act of parliament be ane sufficient securitie for bruiking and joising of the foirsaidis landis conforme to hir said infeftment, for the yeirlie payment of the duetie specefeit thairin.
[1600/11/56]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament ratefeis, appreves and, for his hienes and his successouris, perpetualie confermis the act of conventioun underwrittin maid in favouris of his hienes richt trest cousignes Dame Annabill Murray, countese of Mar, eldar, finding, declairing and testefeing that scho and hir servandis quha assistit and accumpanyit hir in all the procedeingis of hir bipast service and performing the nutriture and preservatioun of his majesties awin persone during his minoritie and of his darrest sone the prince hes done to his majestie and the haill cuntrey trew, thankfull, worthie and gude service without spott, negligence or reproache, and dewlie accomplisched hir charge sen the acceptatioun thairof to the full lyking, satisfactioun and contentment of his majestie, his counsaill, estaittis and of all his gude subjectis, and thairfoir ratefeing, allowing and appreving all the saidis procedingis in the charge abonewrittin and exonering and releving hir of all forder attendance upoun the charge of keiping of the said prince in tyme cumming, promesing in the word of ane prince to caus the said act be ratefeit be his estaittis in parliament. And becaus the commoditie hes nocht bene presentit to his majestie to gratifie and rewar said cousignes as scho hes worthelie merete and as his hienes is maist willing to sie be done, and incais it salhappin (as God forbid) that scho be preventit be death befoir sum occasioun of hir reward be offerrit, his majestie, with advyse of his counsaill and estaittis, faythfullie permittit in the word of a prince to gif and dispone to Marie Erskyne, dochter lauchfull to his hienes richt trest cousing, Johne, erle of Mar, sic honorable and worthie reward and remembrance as the bipast worthie service of his said cousignes hes meretit, to be als frelie and liberalie extendit to the said Marie as gif his hienes said cousignes wer on live and that furth of his majesties reddiest casualteis or utherwayes as the occasioune sall present, sua that alwayes the worthie actiounes of his said hienes cousignes sall nocht be forgett nor unthankfullie rememberit, as the said act of secrete counsaill and conventioun of the date the fourtene day of December, the yeir of God jM vC fourscoir nyntene yeiris, mair fullelie contenis, and all and sindrie heidis, articlis and clauses specefeit in the said act.
[1600/11/57]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament ratefeis, appreves and confermes the infeftmentis, richtis, titillis and securiteis maid be his hienes and his maist nobill progenitouris of worthie memorie to his hienes weilbelovit Schir James Scrimgeour of Dudup, knycht, and his predecessouris of the heretable office of the bering of his hienes banner in all the pointis, articlis and clauses thairof, and willis and grantis and, for his hienes and his successouris, decernis and ordanis the said ratificatioun and confermatioun to be als gude, valide and effectuall as gif all the saidis infeftmentis, richtis and securiteis wer at lenth registrat and insert heirinto, anent the omissioun quhairof his hienes, with advyse foirsaid, dispensis be thir presentis and findis and declaris that the said Schir James Scrymgeour of Dudop, knycht, and his airis maill had and hes the onlie and indoubtit heretable richt of the said office and of the beiring of all his hienes banneris, standertis, cornettis, pinsaillis, handschenyeis, utheris signis and takinnis of battell and weir of quhatsumevir collour, schaip or fassoun baith on horse and fute that hes bene displayit or salhappin to be displayit befoir his hienes and his successouris at ony tyme heireftir; and thairfoir, and for gude, trew and thankfull service done be the said Schir James and his predecessouris to his majestie and his maist nobill progenitouris and to be done to his hienes and his successouris, his hienes, with advyse foirsaid, hes of new gevin, grantit and disponit, and be the tennour of this present act, geves, grantis and disponis to the said Schir James Scrymgeour of Dudop, knycht, and his saidis airis maill berand the surname and armes of Scrymgeour the foirsaid office, with all honouris, landis, feis, dewteis, privileges and immuniteis belanging thairto and expreslie annullis and dischargis all and quhatsumevir infeftmentis, richtis, titillis and securiteis purchest be ony uther persone or persones of the said office or ony pairt thairof without consent of the said Schir James and his foirsaidis, and declaris the samin to be of na force, strenth nor effect in tyme cumming.
[1600/11/58]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, for certane gude respectis and considerationis moveing thame, ratefeis and apprevis the giftis and provisionis of the abbaceis of Coldinghame and Jedburgh grantit be his hienes to Alexander, lord Home in all and sindrie pointis, heidis, articlis, clauses and conditionis contenit thairintill, eftir the formes and tennouris thairof, and decernis and declaris the samyn to be gude and lauchfull richtis and provisionis to him for bruiking and joising thairof during his lyfetyme, nohtwithstanding of quhatsumevir act, law, statute or constitutioun maid or to be maid in the contrair, dispensing thairwith be thir presentis; and becaus the tyme of the first upgeving of the rentallis of the saidis benefices the samin wer in the auld integritie and wer abill to pay the auld assumit thriddis thairof quhilk they ar nocht now abill to beir, his provisionis thairof being na forder extendit but to the spiritualitie of the samin, quhilk for the maist pairt is sett in lang takkis, great pensionis gevin furth of the samyn, mony monkis portionis evictit furth thairof and the haill temporalitie annexit to the crowne, quhairthrow oure said soverane lord and the ministrie ar defraudit of the payment of the sure thrid, and the said Lord Home is hevelie chargit and trublit with payment of the auld assumit thrid, quhilk the rentis of the spiritualitie of the saidis benefices ar nawayes abill to pay, sustene and beir; thairfoir his majestie, with advyse foirsaid, hes gevin, grantit and committit and be thir presentis gevis, grantis and committis full power and commissioun to the Lord Auldbar, lord advocat, Halyrudhous, lord collectour, and Lord Cranstounriddell, or ony thrie of thame conjunctlie, to try the valour of the present estaittis of the saidis benefices and rentis of the spiritualitie thairof, and according thairto to mak ane new just thrid of the frie dueteis of the samyn; quhilk thrid sua ressavit and maid, his majestie, with consent foirsaid, decernis and ordinis to be registrat in the clerkis buikis of the collectorie and ordinis the assignatioun to be gevin furth yeirlie in tyme cumming according to the new thrid and na utherwayes, nochtwithstanding ony auld assumptioun of ony thrid gevin up of the saidis benefices in ony tyme bigane, quhilkis his majestie, with consent foirsaid, ordanis to have na force, strenth nor effect in tyme cumming.
[1600/11/59]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, remembering the lang, trew and thankfull service done to his hienes be his familiar servitour and counsaillour Maister Petir Young of Seytoun, his hienes maister almussar, alsweill in his hienes educatioun as in sindrie legationis to diverse princes to the benefitt of this realme, and continuall attending on his hienes persone almaist sen his majesteis birth; thairfoir his hienes and estaittis of this present parliament ratefeis, appreves and, for his hienes and his successouris, perpetualie confermis all giftis of pensioun, richtis, titillis and securiteis quhatsumevir maid to the said Maister Petir, his spous or bairnis or ony of thame at ony tyme of befoir ather be his majesteis self or ony uther persone or persones, as lykwayes ratefeis and appreves all actis of parliament and ratificatioun in parliament maid of befoir in favour of the said Maister Petir, his spous and bairnis, and declaris that all fewes, pensionis, dispositionis, interchanges and alterationis thairof quhatsumevir maid to him and his foirsaidis of befoir sall nevir be queriellit be quhatsumevir act, statute, ordinance or constitutioun maid in this parliament, bot the samin to stand in thair awin strenth, force and effect, nochtwithstanding of quhatsumevir act, statute or ordinance maid in this present parliament, or in ony parliament or conventionis heirtofoir, quhilk in onywayes may dirogat or prejudge him and his foirsaidis richtis, as gif the samin wer per expressum exceptit and reservit out of the saidis actis, statutis and ordinances of this present parliament. And siclyk oure said soverane lord and estaittis of parliament hes of new gevin, grantit and disponit to the said Maister Petir and his foirsaidis thair saidis pensionis, richtis and titillis thairof mentionat in the saidis actis, and declaris the samin to be als sufficient as gif the saidis pensionis wer expressit heirin, dischargeing alsua the saidis lordis commissionaris present and to cum appointit for modefeing of ministeris stipendis of all assignatioun of the saidis pensionis or ony pairt thairof to ony ministeris or ony uther persone or persones in tyme cumming; and lykwayes discharges the lordis of his hienes sessioun and chekker of all granting of lettres of allowance thairof or of ony pairt of the samyn to ony minister or ony uther persones heireftir and of all trubling of the said Maister Petir and his foirsaidis in the peciable bruiking, joising and uplifting thairof; and declaris and decernis all sic assignatioun, gif ony salhappin to be maid in tyme cumming of the saidis pensionis, to be null in the self and of nane availl, force nor effect heireftir.
[1600/11/60]*[print] [email] [cite] [preceding] [following]
Anent the supplicatioun gevin in to oure soverane lord and estaittis of this present parliament be James Wemis of Bogie and Maister Johne Moncreif of Eister Moncreif, makand mentioun that quhair during the absens of umquhile Johne, erle of Gowrie, furth of this realme, the saidis James and Maister Johne had the governament and manument of his haill rentis, leving and affairis, and in the mentyme, be thair industrie and diligence, relevit diverse great burdingis quhairwith the said umquhile erlis leving wes thirlit. And now the haill benefitt of the gude and faithfull discharge of thair duetie (inrespect of the said umquhile erlis horribill treassoun committit aganis oure soverane lord at Perth, the fyft day of August last bipast) redoundis to his majestie, seing his haill landis and leving ar becum in his grace handis, and it wes aganis conscience and equitie that the saidis James and Maister Johnes weill doing and faythfull discharge of thair duetie suld redound to thair skaith and prejudice; and trew it is that they ar burdenit with the sowme of ellevin hundreth merkis for furnessing advanceit be Johne Robertsoun, mercheand burges of Edinburgh, to the said umquhile erle and with the sowme of ten thowsand and aucht hundreth merkis furnessit and advanceit be Robert Jolie, mercheand burges of Edinburgh, for the said erlis provisioun, furnitour and charges in his returning to this cuntrey, quhairof ressavit be the said Robert Jolie tua thowsand and thrie hundreth merkis, togidder with the sowme of fyve thowsand merkis restand awand to Schir Johne Gordoun of Lochinvar, knycht, as for ane pairt of the said erles sisteris tocher gude, and to ane richt nobill and potent lord, Johne, erle of Montrose, chancellar, the sowme of thrie thowsand merkis as for the rest of the Maister of Montrose tocher gude, and with the sowme of fyve hundreth merkis restand awand to certane mercheandis of Edinburgh furnessit be thame to the said erlis sisteris quha wer in service with hir majestie, quhilkis ar all trew, honest and necessar debtis, sua that of all equitie the saidis James and Maister Johne aucht to be relevit thairof; thairfoir beseiking oure soverane lord and estaittis foirsaidis seing thair is a great pairt of the said umquhile erlis rentis and fermes of the crop and yeir of God jM vC fourscoir nyntene yeiris, and the haill fermes of his haill landis and leving of the crop and yeir of God jM and sex hundreth yeiris ar yit extant in the tennentis handis and restand awand that the saidis James Wemis and Maister Johne Moncreif may be relevit of the first end of the samin, nochtwithstanding of quhatsumevir arrestmentis maid or to be maid at the instance of quhatsumevir persone or persones, quhidder the samin be writtin decrettis or utherwayes; and that the payment to be maid to thame be the tennentis and persones payaris thairof may be ane sufficient exoneratioun and discharge to thame, they produceand the saidis James and Maister Johnes acquittance thairupoun sua far as the saidis sowmes extendis to, and to that effect that lettres may be direct at thair instance to charge the saidis tennentis alsweill of the erldome of Gowrie, lordschip of Ruthvene, abbacie of Scone as quhatsumever uther persone or persones astrictit to pay to the said umquhile erle quhatsumevir duetie, quhidder the samin be teind or utherwayes, and that upoun ane simple charge of [...] dayes alanerlie under the pane of horning, and incais of dissobedience to denunce, and as at mair lenth is contenit in the said supplicatioun; quhillk being at lenth red, sene and considerit be his majestie and estaittis and they thairwith being ryplie advysit, oure soverane lord and estatis of this present parliament findis, decernis and declaris that the saidis James Wemis of Bogie and Maister Johne Moncreif aucht to be relevit of the foirsaidis debtis contractit be thame for the said umquhile Johne, erle of Gowrie in maner foirsaid and that of the first end of the said umquhile erlis rentis and fermes restand awand untane up of the croppis and yeiris of God jM vC fourscoir nyntene and sex hundreth yeiris, nochtwithstanding of quhatsumevir arrestmentis maid or to be maid at quhatsumevir persones instances thairupoun, and that the payment to be maid to thame be the tennentis and persones payairis therof sall be ane sufficient exoneratioun and discharge to thame, they produceand thair acquittance thairupoun sa far as the samin sowmes will extend to. And concerning the quantitie and veritie of the foirsaidis debtis, maner of payment therof and out of quhat speciall landis and rentis pertening to the said umquhile Erle of Gowrie the samin sall be payit to thame, his majestie and estaittis remittis the samin to the secrete counsaill to tak ordour thairwith as ressone and equitie requiris and to mak the saidis James and Maister Johne to be payit therof for thair releif in maner foirsaid.
[1600/11/61]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament statutis and ordinis that na thriddis of the priourie of Sanctandrois be assignit at ony tyme heireftir in favouris of ony uther ministeris except onlie the ministeris servand the cure of the kirkis belanging to the samyn quhair the assignatioun is maid, to the effect Ludovik, duik of Lennox, priour of Sanctandrois, be nocht haldin nor burdenit to sustene ony uther ministeris nor servis the kirkis of the said prelacie, annulling ony quhatsumevir assignatioun maid to ony minister nocht of the priourie; and that becaus thair is yit unprovydit certane of the kirkis of the priourie of Sanctandrous nocht provydit, quhilkis kirkis his majestie and estaittis decernis and ordanis the said Lodovik, duik of Lennox to plant and provyd with sufficient stipendis.
[1600/11/62]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of his estaittis in this present parliament, ratefeis, appreves and, for his hienes and his successouris, perpetualie confermes the infeftment grantit be his majestie under the great seall to his grace familiar and trustie servitour Schir George Home of Spott, knycht, of the date the first day of Julii, the yeir of God jM vC fourscoir auchtene yeiris, of the donatioun, creatioun and erectioun of the towne of Greinlaw, lyand within the schirefdome of Beruik, in ane frie burgh of baronie for evir, with all privileges, fredomes, liberteis and imuniteis quhatsumevir gevin and grantit in favouris of the bailleis, counsaill, communitie and inhabitantis thairof; and decernis and declaris the samin to have effect in all pointis, clauses and conditionis eftir the forme and tennour of the samin in all tyme cumming.
[1600/11/63]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament ratefeis, appreves and confermes the infeftment of fewferme grantit be his majestie to Patrik Leslie of Pitcarelie, his airis maill and assignais, of the landis and lordschip of Lundoris in all and sindrie heidis, clauses, articlis and conditionis thairof as is contenit in the said chartour; and declaris and ordanis the said infeftment to stand and to be ane effectuall richt and securitie to the said Patrik and his foirsaidis in all tyme cumming anent all thingis contenit thairintill.
[1600/11/64]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, understanding the great prejudice sustenit be the liegis of this realme quhair the judgement sattis of schireffis and utheris judges ar nocht sa commodious nather in bigging nor in situatioun as the shireff, utheris judges and thair deputtis may convenientlie sitt nor the pairteis may resoirte thairto, and specialie that the schiref of the Mernis, alias Kincardin, and his deputtis hes bene in use thir mony yeiris to sitt at Kincardin, quhair thair is nather ane tolbuth nor ony hous to pairteis to ludge into for thair intertenement, nor yit is the place in the middis of the schire, quhairby the lieges within the said schirefdome ar greatlie damnifeit; for remede quhairof, it is statute and ordanit that the schireff of the schirefdome of Kincardin in all tyme to cum sall sitt and hald thair courtis at the Stanehyve, as maist meitt and convenient to thame and to the haill lieges within the schire, and that all preceptis to be direct sall be to warne all pairteis within thair jurisdictioun to compeir to persew and defend in thair courtis at the Stanehyve in all tyme heireftir.
[1600/11/65]*[print] [email] [cite] [preceding] [following]
The kingis majestie and estaittis in parliament, considering the frequent contentionis and debaittis that fallis out betuix nobilmen at the parliamentis and generall conventionis anent the priourie in places and voting, for removeing of all sic occasionis of controverseis and eelestis heireftir, hes gevin and grantit commissioun to the lordis of his hienes secret counsaill, thair being present for the tyme sex of thair number quha ar erlis and lordis, to convene in Halyrudhous, the tuelf day of Februar nixttocum, and thair to determine and conclude anent the priourie of the place of everie nobilman within this realme. And incaice of the comperance of ony nobilmen or ony in thair name to produce thair infeftment and evidentis for instructing of the saidis commissioneris, that they sall ressave the samyn and heir the allegatiounes of all pairteis comperand, and gif furth thair determinatioun according to justice as they will answer to God and his majestie upoun the discharge of thair offices. And quhatevir beis determinat be thame it is declarit that the samin sall have als great strenth, faith, force and effect as gif it wer concludit in this present parliament. And thairfoir it is appointit, to the effect that nane of the said nobilitie sall think thame selffis heirby prejudgeit be the ignorance of this present commissioun, that thir presentis be dewlie publissit at the heid mercat croces of this realme and utheris places neidfull that betuix and the said day appointit in the said commissioun they may ather be thame selffis or utheris in thair names produce sic testefeis of thair antiquiteis as may informe the saidis commissionaris; with certificatioun that eftir the expyring of the said day the saidis commissioneris, nochtwithstanding of thair absence, sall procede and gif furth thair declaratour alsweill anent the presentis as absentis under the penaltie abone specefeit.
[1600/11/66]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis in parliament, considering the benefitt that will ensew to the commounwealth be the retening of the woll within this realme and be the working of the samin be the lieges of this cuntrey, how the cuntrey will be thairby verie far inricheit, his majesties custumes augmentit and ane great number of the idill and pure peopill put to wark, hes thairfoir gevin and grantit commissioun to the lordis of his hienes privie counsaill, haveing adjoynit with thame the commissioneris of sex of the principall burrowes within this realme, to convene at sic tyme and place as they sall think maist expedient and thair advyse, conclude and determine all sic thingis as to thame sall be thocht maist meit for the furthsetting of the said wark, quhais conclusionis ar declarit be thir presentis sall be of als great strenth, force and effect as gif they wer concludit in this present parliament. And als it is appointit be the saidis estaittis that the saidis commissionaris sall tak sic ordour with his majesties custumes as the samin may be imployit to his majesties greatest proffeitt and with the leist hurte and detriment of the subjectis.
[1600/11/67]*[print] [email] [cite] [preceding] [following]
The quhilk day, in presens of the kingis majestie and estaittis of parliament, comperit personalie ane nobill and potent lord Johne, marques of Hammyltoun, and gaif in to his hienes and estaittis foirsaidis this article underwrittin, off the quhilk the tennour followis: Oure soverane lord, for the gude, trew and thankfull service done be his richt trest cousigne and counsaillour Johne, marques of Hammyltoun, and usufructuar of the abbacie of Aberbrothok, and als acknawlegeing howfar his majestie is oblist to schaw him self ane favourable prince to the house of Hammyltoun upoun thair gude deserveing at all tymes, bot specialie remembering how in the parliament haldin at Edinburgh, the tuentie nynt day of Julii jM vC fourscoir sevin yeiris, at the generall annexatioun of the kirklandis to the crowne, his majestie, with advyse of his estaittis, statute and ordanit that the said Johne, than lord and now marques of Hammyltoun, commendatar of the said abbacie, suld bruik the fruittis, proffeittis and dueteis of the said abbay during his lyfetyme in the samin maner as he did befoir it. In the samin ordinance of parliament the proffeittis and fewfermes of the landis of Crachie and myln thairof, the landis of Tullois and Corstoun, fewfermes and dueteis of the samin wer exceptit to oure said soverane lord to be disponit be his majestie at his plesure alwayes. Be the said act of parliament it wes ordinit that the said Johne, marques of Hammyltoun suld be recompensit thairfoir the proffeitt of the foirsaidis landis and myln extending yeirlie, quhilk the said Johne, marques of Hammyltoun hes wantit continewalie sen the said annexatioun without ony recompense gevin thairfoir and will want the samyn in tyme cumming gif his majestie and estaittis of this present parliament provyde nocht remede. Thairfoir oure said soverane lord, with advyse of the estaittis of this present parliament, for diverse gude causes moveing his majestie and als for recompanse of the fermes, proffeittis and dueteis of the foirsaidis landis of Crachie and myln thairof, landis of Tullois and Corstoun, hes gevin, grantit and disponit and be the tennour of this present act geves, grantis and disponis to the said Johne, marques of Hammyltoun, usufructuar of the said abbacie, during all the dayes of his lyfetyme and eftir his deceis to James Hammyltoun, his lauchful sone, quha is provydit to the said abbacie for all the dayes of his lyfetyme, reserveand and etc. all and sindrie the monkis portionis of the said abbacie of Aberbrothok quhilk hes decessit sen the yeir of God jM vC threscoir yeiris or sall deceis in ony tyme heireftir; with power to the said marques and eftir his deceis to the said James to intromett with, uptak and ressave the saidis monkis portiounes and dispone thairupoun at his plesure. And it sall nocht be lesum to oure said soverane lord or his successouris to imput ony monkis portioun or in place therof ony pensioun upoun the said abbay during the lyfetymes of the said Johne, marques of Hammyltoun or the said James, his sone, or ather of thame that may burding the said abbacie ony maner of way. As alsua oure said soverane lord and estaittis foirsaidis ordanis ane speciall gift to be maid heirupoun under the privie seall and to be extendit with all clauses neidfull and that this present act sall be ane sufficient warrand to the seall for extending of the samyn. And siclyk anent the supplicatioun gevin in to his hienes and estaittis foirsaidis be Schir Thomas Lyoun of Auldbar, knycht, makand mentioun that quhair he hes be gift and dispositioun of oure soverane lord the haill monkis portiounes of the abbacie of Aberbrothok, quhairupoun he hes obtenit ane decrete befoir the lordis of counsaill and sessioun and thairthrow he hes indoubtit richt thairto of all yeiris and termes bipast and in all tyme cumming during the lyfetyme of the said commendatar of the said abbay; nevertheles, as the said Schir Thomas is informit, Johne, marques of Hammyltoun, commendatar of the said abbay, intendis be sum privie moyane to procure the annulling of all giftis and dispositionis of the monkis portionis of the said abbay be vertew of ane privat act of parliament to be maid in his favouris thairanent, quhilk of equitie and ressone can nocht be grantit to him seing the said Schir Thomas hes ane particular richt authorizit be the lordis decrete in maner abone specefeit in and to the saidis monkis portiones, and the samin can nawayes be tane away except the said Schir Thomas wer specialie callit and hard to ressone upoun his said richt; thairfoir desyring his majestie and estaittis that befoir all ressoning, consulting or voting anent the said article of annulling of monkis portiones that he may be hard to produce his richtis and gif in his ressones befoir oure soverane lord and estaittis quhairfoir the samin suld nocht be grantit, as at mair lenth is contenit in the foirsaid article and supplicatioun. The quhilkis being at lenth rede, sene and considerit be his majestie and estaittis and they thairwith being ryplie advysit, oure soverane lord and estaittis of this present parliament hes remittit and be the tennour heirof remittis the article and supplicatioun abonewrittin and decisioun thairof to the nixt parliament, to be decydit betuix the saidis pairteis be the saidis estaittis according to justice; and in the mentyme quhill the decisioun thairof be the saidis estaitis in parliament as said is discharges baith the saidis pairteis of all trubling, persewing or molesting of the fewaris, tennentis and possessouris of the landis and teindis quhair out of the saidis monkis portiounes of the abacie of Aberbrothok suld be upliftit and als suspendis all thair richtis, lettres and charges useit or to be useit be thame or ony of thame and decernis the samin effect and extentioun thairof to ceis in the mentyme.
[1600/11/68]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord and estaittis of this present parliament, understanding the landis and iyllis of Lewis, Ronallewis, Ilandschant, Trouternes, Gryte Bernerarie, Barnerarie Vige, Iland Flannes, twa Lunyng Ilandis, with all and sindrie utheris landis and ilandis, pairtis, pendiclis and pertinenttis thairof pertening and belanging thairto, being ane pairt of his majesteis propertie lyand in the lordschip of auld callit the lordschip of the Iyllis, his majestie and his maist nobill progenitouris of worthie memorie hes evir bein maist cairfull and solist to reduce the possessouris and inhabitanttis thairof to his majesteis obedience, quhilk heirtofoir hes bein very difficill to be accomplischit be ressoun of the evill dispositioun and barbaritie of the inhabitanttis thairof directlie opponeing thame selffis to suffer or permitt ony policie or civilitie to be establischit amangis thame, naturallie abhorring the samyn, being personnes altogidder destitut of the feir and knawledge of God and of his trew religioun, continewallie applying thame selffis to all kynd of inhumanitie, daylie declairing the effectis thairof nocht onlie be thair treassonabill practeises and attemptattis aganis his majestie, his estait and quyetnes of his hienes realme bot also be maist detestabill, damnabill and odious murthouris, fyiris, reveisching of wemen, witchcraft and depredatiounes maid amangis thame selffis extendit maist unmercifullie to all sorttis of persounes without ony pitie or mercie ather of young or auld; and lykwyis spairing na sorte of insolencie aganis his hienes quyet and peciabill subjectis repairing to thaise pairttis in thair ordiner tread of leving as gif thair war na justice in God nor yit power in his majestie, thair naturall prince, to call thame to ane accompt for the samyn, occupying and violentlie possessing in the meintyme the foirsaidis landis without payment of ony maill or gressum or uther dewtie for the samyn at ony tyme bygane, quhairof his majestie, being na les cairfull nor becomis him of his princelie dewtie to provyde the way and meaneis to reduce the saidis landis and inhabitanttis therof to his obedience, finding the nobill and gentilmen undernominat weill disposit therto be vertew of ane contract maid upoun the tuentie aucht day of Junii, anno jM fyve hundreth fourscoir auchtein yeiris betuix his hienes, with advyise and consent of the estaittis of this realme and als of his majesteis thesaurer, comptrollare, collectour generall and lordis of counsall and chekker on the ane pairt, and the nobill and gentilmen undernominat on the uther pairt, they being altogidder willing for advancement of the glorie of God, the honour of thair native cuntrey and of his majesteis service, and therwith being of intentioun to augment the yeirlie rent and revenew of his hienes crowne, acceptit upoun thame the interpryise to subdew the saidis landis and inhabitanttis therof; as also obligat thame to pay and delyver to his majestie and his successouris sevin scoir chalderis of beir and four hundreth merkis money of this realme for the saidis landis yeirlie in name of fewferme, as the said contract registrat in the buik of the generall counsall and estaittis of this realme at lenth proportis. Conforme to the quhilk, be the providence of God, his mychtie power and assistance they sensyne, with infinit travell, excessive paneis and exhorbitant expenss, besydis the great lois of thair blude and pairt of thair awin and thair cumpanies lyveis and the hasart of all the rest, have reduceit the saidis iyllis (inhabite of befoir be barbarous and evill disposit pepill as said is) to his majesteis obedience; and being yit of deliberat intentioun to continew in proseqiuting the said actioun quhairby utheris his gude subjectis may be thair exampill be inannimatt to the lyik interpryise for reduceing of the remanent of his hienes iyllis to his obedience, the saidis gentilmen haveing na uther impediment bot the great yeirlie dewtie foirsaid contenit in the said contract promittit be thame be report of certane personneis, maid of the great fertilitie and commoditeis of the saidis iyllis nocht being acquent therwith as they ar now, quhairof to thair greit lois they haif fund the contrair be experience, quhairwith his majestie and estaittis, being moveit to haif consideratioun efter sufficient cognitioun takin of the caus, they haif reduceit the said yeirlie dewtie to ane thowsand pund money foirsaid, ane thowsand keling, ane thowsand ling and ane thousand skaitt, and ordaneit the samyn to be acceptit yeirlie in contentatioun and full payment of the said fewferme contenit in the said contract, as ane act maid be his majestie and estaittis of this realme upoun the fourtein day of December, anno jM vC fourscoir nynetein yeiris at mair lenth testifeis. The quhilk contract, and speciallie that pairt therof twiching the said few dewtie, his majestie and estaittis of this present parliament findis, decerneis and declaris be the tennour heirof to haif bein frome the beginning, now and in all tyme cuming null and of nane availl, force nor effect, with all that hes followit or may follow therupoun, and that the samyn nor na uther band, obligatioun, act or ordinance maid theranent nather wes frome the beginning, is, nor salbe intymecuming onywyis obligatour aganis thame, thair airis or assigneyis for payment of ony pairt of the fewferme contenit in the said contract; and to this effect ordaneis the samyn to be deleitt furth of the buikis of the generall counsall and estaittis and siclyk ratiefeis, appreveis and, be the tennour heirof, perpetuallie confermeis the foirsaid act of counsall and generall conventioun of the dait foirsaid in all and sindrie the heidis, clauses, articlis and conditiounes thairin contenit efter the forme and tennour thairof in all poynttis. And for the cause abonementionatt, eftir sufficient cognitioun takin of the caus, findis, decerneis and declaris the foirsaid sowme of ane thowsand pundis and thrie thowsand fische to be now and in all tyme cuming the just availl and rentall of the saidis landis and iyllis, with the pertinenttis, teindis, teindschauis and utheris teindis thairof includit and utheris eftermentionat to be contenit in the infeftment to follow heirupoun; and speciallie seing the saidis landis and iyllis hes at all tyme heirtofoir bein altogidder unprofitabill to his hienes and his predicessouris, nor they nor thair factouris nor chalmerlaneis resaveitt na maillis, fermeis, gressumeis nor utheris dewteis for the samyn, nather yit the samyn wes nevir contenit in his hienes rentall at ony tyme of befoir. Attour, his majestie and estaittis of this present parliament, in consideratioun of the premise and for utheris wechtie causes, occasiounes and guid consideratiounes moveing thame, ordaneis ane chartour to be maid under his hienes greit seall in dew forme be his majestie, for himself and as tutour, gyder and lauchfull administratour to his dearest sone, Henrie Phrederick, be the grace of God, prince and stewart of this realme and lord of the iyllis within the samyn, and als be his majestie as takand the full burding in and upoun him for his said dearest sone bayth with ane consent and assent, now efter his majesteis perfyit age and act of dissolutioun maid for setting of all his majesteis proper landis, alsweill annext as unannexit, in fewferme, without diminutioun of his hienes rentall, with advyise and consent of his hienes saidis thesaurer, comptroller, collectour generall and thesaurer of his hienes new augmentatiounes, geveand, grantand and to fewferme and perpetuall emphiteos lattand, and be the tennour of the said chartour, perpetuallie confirmeand to the saidis nobill and gentilmen, viz: to his hienes dearest cousing and counsellour Lodovick, duik of Levenox, eirll Darnelie, lord Tarboltoun, Methven and Auibigney, and to his hienes trustie and familiare counsellouris Patrik, commendatare of Lundoris, Schir William Stewart, knycht, commendatare of Pettinveme, and als to his majesteis lovittis Maister Johnne Leirmonth of Balcomy, Schir James Anstruther, feare of that Ilk, maister houshald to his hienes dearest spous the quenis majestie, James Spens of Wolmestoun, Schir James Sandelandis of Slamanno, knycht, Capitane Williame Murray, Johnne Forrett of Fingask and David Home, apperand of Wedderburne, thair airis maill and assigneyis quhatsumevir equallie amangis thame according to the divisioun to be maid amangis thame thairanent heretablie, all and sindrie the foirsaidis landis and iyllis callit the Lewis, Ranallewis, Ilandschant, Gryte Barnerarie, Barnerarie Vig, Illand Flannos and tua Cunyngis Ilandis, with all pairttis, pendiclis and pertinenttis thairof, with castellis, touris, fortaliceis, wodis, mylneis, multeris, fischingis, alsweill salmount fischingis as utheris fischingis therof, alsweill in fresche as salt wateris, with annexis, connexis, dependenceis, pairttis, pendiclis and pertinenttis thairof quhatsumevir, with all and sindrie meayneis of quhatsumevir qualitie of mettallis, minerallis and materiallis within the haill boundis of the foirsaidis landis and ilandis, with advocatioun, donatioun and rycht of patronage of kirkis, chaplanereis, prebendareis, alterageis and utheris beneficeis of the samyn, with all and sindrie proffeittis, previeledgeis, immuniteis, casualiteis, annuelrenttis and utheris dewteis quhatsumevir pertening and belanging therto, togidder with the teindschauis and small teindis, alsweill personage as vicarage teindis, off all and sindrie the foirsaidis landis, fischingis and utheris particularlie abonementionat includit, lyand in the foirsaid lordschip callit of auld the lordschip of the Iyllis as principall; and siclyk in all and haill the four scoir merk land, callit Troutirnes, with pairttis, pendiclis and pertinentis thairof, with castellis, touris, fortaliceis, wodis, mylneis, multeris, fischingis, alsweill salmount fischingis as uther fischingis, alsweill in fresche as salt watteris, with annexis, connexis, outsettis, dependenceis, pairttis, pendiclis and pertinenttis of the samyn, with all and sindrie meayneis of quhatsumevir qualitie of mettallis and minerallis within the haill boundis of the saidis landis of Troutirnes, with advocatioun, donatioun and rycht of patronage of kirkis, chaplanereis, prebendareis, alterageis and utheris beneficeis thairof, with all and sindrie previeledgeis, immuniteis and utheris dewteis quhatsumevir pertening and belanging thairto, lyand within the boundis of the Sky and lordschip abonementionat as in speciall claus of warrandyce and securitie of the foirsaidis landis principallie disponeit; the quhilkis landis respective and utheris particularlie aboneexpremeit, with the pertinenttis now pertening to our said soverane lord or to his dearest sone or to ather of thame ather as thair propertie in haill or in pairt, or ellis fallin and becum in thair or ather of thair handis and at thair or ather of thair giftis and dispositiounes ather be ressoun of foirfaltour, reductioun and annullatioun of former infeftmenttis, retouris and seasingis, or be ressoun of recognitioun throw alienatioun of the haill or maist pairt, or ellis be vertew of the act of annexatioun of all temporall landis of benificeis to his hienes crowne, or ellis be resignatioun or throw quhatsumevir uther caus or occasioun ather bypast or to cum quhairby† the samyn hes fallin and becum or may fall and becum in thair or ather of thair handis and at ather of thair giftis and dispositiounes. And to the end the said advocatioun, donatioun and rycht of patronage of the saidis beneficeis may be effectuall, his hienes and estaittis hes dissolveit and supprest and be this presentis dissolveis and suppressis the samyn and teindis, greit and small, of the saidis haill landis fra the bischoperie of the Iyllis and all utheris beneficeis to the quhilkis the samyn wer annext of befoir, with power to the saidis persounes and thair foirsaidis to big and edifie ten severall paroche kirkis in quhatsumevir placeis they sall think expedient within the boundis of the foirsaidis landis of Lewis and utheris foirsaidis disponit as principall, and als mony uther kirkis within the foirsaidis landis of Troutirnes as they sall think expedient, and to denominat the samyn with sic nameis as they sall pleis, quhilkis being constructit and edifeit, now as thane and than as now, his hienes and estaittis erectis and creattis ilk ane therof in ane particulare paroche kirk with ane rectorie and vicarage to ilk ane thairof, with power to the personeis abonenominat and thair foirsaidis to erect, big and edifie als mony poirttis, heavineis and harboreis within the boundis of thair awin barronies as they sall think expedientt in ony pairtt quhairevir the sey ebbis and flowis, and to intrometwith and resave the heavin silver, small customeis, anchorageis and all utheris dewteis pertening therto, the samyn to thair awin use to convertt and apply, reserveand alwyis to his majestie the greit custome of all guidis and mercheandyce alsweill imbrocht and careit furth of the saidis iyllis and of the fischis and utheris guidis quhilk they happin to acquyir within the boundis of the saidis landis according to the particular A. B. C. maid and sett doun theranent. And seing it is necessarie to haif houses, tavernouris and oistlareis for intertenement of all persouneis resortand to the saidis harboreis, thairfoir geveis and disponeis to ilk ane of the persouneis abonenominat full previeledge and libertie to construct, big and edifie alsmony burghis of barronie as ar requisite and to denominat the samyn with sic nameis as they think expedientt, with all and sindrie fredomeis, previeledgeis, liberteis and immwniteis quhatsumevir pertening to ane frie burgh of barronie and to assigne, affix and appoynt als mony mercat dayes oulklie and frie faireis yeirlie to be haldin within ilk ane of the saidis burghis as they think convenient, with ane speciall protectioun to all persouneis resortand and repairand to the saidis mercattis and fairis. And als makis, creattis, erectis and incorporattis the foirsaidis haill landis and iyllis with the pertinenttis in ane frie stewartrie to be callit in all tyme cuming the stewartrie of the Lewis, with all and sindrie liberteis, jurisdictiounes, previeledges and immuniteis quhatsumevir knawin to appertein to ane frie stewartrie. And farder, his majestie and estaittis ordanis the saidis landis of the Lewis and utheris disponeit as principall to be equallie devydit in ten severall pairttis, and ilk pairt thairof to be erectit in ane frie barronie and ane speciall denominatioun and principall messwage to ilk ane therof with all and sindrie fredomes, liberteis and previeledgeis pertening to frie barroneis; and that ane seasing to be takin now be ilk ane of the saidis persounes and heireftir be thair airis and assigneyis at the principall messwage of ilk ane of the saidis barroneis sall stand, extend and be sufficient seasing for the haill landis lyand within the said barronie. And seing the saidis persounes and thair foirsaidis can nocht guidlie mantein and defend thair posesiounes of the foirsaidis landis and iyllis without thair continewall and actuell residence within the samyn, thairfoir his majestie and estaittis of this present parliament exemis thame and thair foirsaidis and all utheris inhabitanttis of the saidis landis fra all oistis, weiris and weapinschawingis intestene or to be maid be his hienes or his successouris except quhan they salhave ado with forane natiounes or with the rest of the iyllis, for conqueissing and subdewing therof; in thais caise they and thair foirsaidis with thair houshald men allanlie salbe subject to accumpanie his hienes and his successouris to the saidis forane weirs and iyllis respective; and als thair airis, assigneyis and successouris sall nocht onlie be subject to the lyik service bot also to attend upoun his majestie, his levetennentis, wardanes or commissionareis in ony raid or oist to be maid upoun the north syde of the water of Nes. Farder, his majestie and estaittis, of certane knawledge and sufficient tryell takin of the caus, hes valuit and estemeit and be this presentis valuis and estemeis the foirsaidis landis and iyllis of the Lewis, Rannal Lewis and utheris abonementionat with the pertinenttis disponeit as principall to be ane fourtie pund land of auld extent, and lykwyis the foirsaidis landis of Trouternes with the pertinenttis to ane fourscoir merk land of the lyk extent, and thairfoir exemeis the foirsaidis persounes and thair foirsaidis and the haill inhabitanttis dwelland within the saidis landis and iyllis fra payment of ony gretter taxatioun imposit or to be imposit therupoun in tyme cuming nor according to the valuatioun and estimatioun abonementionat, to be haldin of our soverane lord and his hienes successouris in fewferme heritablie, geveand the saidis nobill and gentilmen, thair airis maill and assigneyis foirsaidis to his majestie and his successouris, thair comptrolleris and chamerlaneis in thair nameis for all and sindrie the foirsaidis landis of the iyllis callit Lewis, Ronallewis, Gryte Barnerarie, Barnerarie Vig, Illand Flannes and twa Cunnyng Illandis, with the pertinentis therof abonerehersitt, equallie amangis thame the sowme of ane thowsand pundis money of this realme at twa termeis in the yeir, Witsounday and Mertimes in winter, be equall portiounes, the first termeis payment thairof to be and begin at the fast and terme of [...] in the yeir of God jM sex hundreth and [...] yeiris, togidder with ane thowsand killing, ane thowsand ling, and ane thowsand skaitt yeirlie betuixt Michelmes and Mertimes, the first yeiris payment therof to be betuixt the saidis termeis the yeir of God foirsaid; and lykwyis for all and haill the foirsaidis landis and iyll of Trouternes, the sowme of thrie hundreth threttie thrie pundis sex schillingis aucht penneis money foirsaidis at the termeis abonementionat, the first termeis payment therof to be at the nixt terme immediatlie efter they happin to haif recours thairto as warrandyce and na utherwyis; and siclyk payand for all and sindrie the teindschauis and utheris teindis of the haill landis with the pertinentis abonementionat to ilk ane of the ministeris serveing at ilk ane of the saidis paroche kirkis ane ressonabill stepend for thair sustentatioun and intertenement in name of fewferme allanlie. And ordaneis the said chartour to be extendit in ampill forme with all clauses neidfull, quhilkis his majestie, with advyise of the saidis estaittis and ordiner officeris foirsaidis findis, decerneis and declareis to be sufficient rycht and securitie to the saidis persounes for bruiking and possessing of the landis and utheris abonewrittin with the pertinenttis heritablie intymecuming. And ordaneis the directour of the chancellarie and his deputtis to pas the said chartour under the said greit seill upoun the signatour therof immediatlie without ony uther warrand ather of passing of registeris or ony uther seillis, and this present act and signatour salbe ane sufficient and immediat warrand to the said greitt seill.
[1600/11/69]*[print] [email] [cite] [preceding] [following]
Anent the supplicatioun gevin in to oure soverane lord and estaitis of parliament be Maister James Makgill of Rankelour Nather, heretable fewfirmorar and immediat tennent to his majestie of the landis of Auld Lyndoris, for the yeirlie payment of tuentie four bollis aittis, fourtie pundis money, threscoir four pultrie and threttie twa capones; Michaell Balfour of Denmyln, heretable fewfirmorar and immediat tennent of the landis of Denmyln, with the myln, mylnlandis and suckin thairof, for the yeirlie payment of ten merkis money and ane dossone of caponis; Andro, erle of Rothes, heretable fewfirmorar and immediat tennent of the landis of Parkhill, for the yeirlie payment of ten pundis vj s. viij d. money; Henrie Bonar, heretable fewfirmorar and immediat tennent of Lumquhattis Myln, mylnlandis and suckin thairof, for the yeirlie payment of sevin pundis xiij s. iiij d. money and ane dossone of capones; Sir James Melvill of Halhill, knycht, heretable fewfirmorar and immediat tennent of the landis of Halhill and Murefeild, for the yeirlie payment of tuelf bollis aittis, nyntene pundis vj s. aucht penneis money and tuentie four pultrie; James Scott of Abbottishall and remanent portioneris of the landis of Kinloch and myln thairof, heretable fewfirmoraris and immediate tennentis of the samyn landis and myln, for the yeirlie payment of fourtie pundis money, threttie thrie pultrie and tuentie twa capones; Johne Arnocht, heretable fewfirmorar and immediat tennent of the landis of Wodmylne, with the myln, mylnlandis, multuris and suckin thairof, for the yeirlie payment of fourtie sex merkis money; David Balfour of Incherie, heretable fewfirmorar and immediat tennent of the landis of Incherie, for the yeirlie payment of sextene merkis money; Andro Aytoun, heretable fewfirmorar and immediat tennent of the landis of Nather Dynmure, for the yeirlie payment of xxix lib. money; Robert Patersoun, lyfrentar, and Andro Patersoun, fear, heretable fewfirmoraris and immediat tennentis of the landis of Over Denmwre, for the yeirlie payment of fourtene pundis money, twa chalderis aittis and tuentie four capones, all lyand within the erldome of Fyf in that portioun thairof callit Lyndoris quarter; Andro Wod of Largo, heretable fewfirmorar and immediat tennent of the landis of Largo, brewlandis and coitlandis thairof, with the myln, mylnlandis and coilheuches of the samyn, for the yeirlie payment of thrie chalderis and ane half chalder beir, tuentie sex bollis quheat, fyve chalderis aittis, tua bollis meill and tuentie ane pundis v s. money; and als the said Andro, heretable fewfirmorar and immediat tennent of the landis of Schiremuir, with coill and coilheuches thairof, for the yeirlie payment of aucht merkis money; Patrik Hunter, heretable fewfermorar and immediat tennent of the half landis of Newtoun of Rires, and David Narne, heretable fewfirmorar and immediat tennent of the uther half of the saidis landis, for the yeirlie payment for the saidis haill landis of the Newtoun of Rires of tuentie fyve bollis beir, tuentie bollis quheat, tuentie fyve pundis thrie schillingis four penneis money, tuentie four capones and fourtie aucht pultrie; Maister James Betoun of Creich, heretable fewfirmorar and immediat tennent of the landis of Nather Rires, for the yeirlie payment of twa chalderis, aucht bollis aittis, tuentie bollis beir, sex pundis money and twelf caponis; Johne Lyndsay, heretable fewfermorar and immediat tennent of the landis of Balcarhous, for the yeirlie payment of tuentie ane bollis, sex peckis quheat, fourtie bollis, thrie firlottis beir, xxvj lib. xiiij s. money, fourtie aucht caponis and fourtie aucht pultrie; Williame Lyell, Martine Corstorphing and remanent portioneris of the towne and landis of Kingis Barnis, heretable fewfermoraris and immediat tennentis of the samin towne and landis of Kingis Barnis, for the yeirlie payment of nyne chalderis quheat, ellewin chalderis beir, fourtie pundis money and ane hundreth capones, all lyand within the said erldome of Fyff in that portioun thairof commounlie callit Largo quarter; Williame Lermonth, apperant of Dersie, Thomas Walker and remanent portioneris of the towne and landis of Drone with the myln, mylnlandis and sucken thairof, heretable fewfermoraris and immediat tennentis of the samin towne and landis of Drone, with the myln, mylnlandis and suckin thairof, for the yeirlie payment of twa chalderis, aucht bollis quheat, fyftie bollis beir, tuentie aucht pundis iij s. iiij d. money and four dossoun of caponis; David Leitche and Maister Patrick Balfour of Pitcullot, portioneris of Mwnisie, myln, mylnlandis and suckin thairof, heretable fewfermoraris and immediat tennentis of the samyn myln, mylnlandis and suckin thairof, for the yeirlie payment of tuentie merkis money and sextene capones; David Inglis and remanent portioneris of the towne and landis of Ardett, heretable fewfirmoraris and immediat tennentis of the samin towne landis of Ardett, for the yeirlie payment of four chalderis, four bollis beir, fyftie tua bollis quheat, tuentie aucht pundis money, aucht capones and threscoir pultrie; David, erle of Craufurde, heretable fewfirmorar and immediat tennent of the landis of Rathilleitt, with the myln, multuris and suckin thairof, for the yeirlie payment of the threttie sex bollis beir, threttie bollis quheat, four dossoun of caponis, twa dossoun pultrie and fourtie pundis money; Sir Robert Melvile, heretable fewfirmorar† and immediat tennent of the landis of Carny, for the yeirlie payment of tuentie bollis quheat, tuentie four bollis beir, fourtie merkis money, tua dossoun of capones and twa dossoun of pultrie; Andro Patersoun and remanent portioneris of the towne and landis of Luthrie, with the myln, multuris and suckin thairof, heretable fewfirmoraris and immediat tennentis of the samin towne and landis, with the myln, multuris and suckin thairof, for the yeirlie payment of fourscoir pundis money; Sir Michaell Balfour of Balgarvie, knycht, heretable fewfirmorar and immediat tennent of the landis of Star and of the landis of Balgarvie, for the yeirlie payment for the saidis landis of Star of twa chalderis beir, sex peckis less, tuentie aucht bollis, ten peckis quheat, four dossoun pultrie, tua dossone capones and ten pundis money, and for the saidis landis of Balgarvie, xviij lib. money; Robert Durie of that Ilk, heretable fewfirmorar and immediat tennent of the landis of Thomastoun, for the yeirlie payment of tuentie aucht pundis money; James Turpie and remanent portioneris of the towne and landis of Ballomyln, with the myln, mylnlandis, multuris and suckin thairof, heretable fewfirmoraris and immediat tennentis of the samin towne and landis of Ballomyln, with the myln, mylnlandis, multuris and suckin thairof, for the yeirlie payment of ten pundis money, tua dossone pultrie and ane dossone capones; Johne Auchmoutie, heretable fewfirmorar and immediat tennent of the landis of Eister Fairny, for the yeirlie payment of fourtie bollis beir, threttie bollis quheat, four dossoun pultrie, auchtene capones and tuentie pundis money; Walter Heriott of Ramorny, heretable fewfirmorar and immediat tennent of the landis of Ramornie, Lawfeild and myln thairof, for the yeirlie payment of tuentie tua pundis money; James Andersoun, David Luklaw and remanent portioneris of the landis and akeris of Ferryfeild and Bonfeild, heretable fewfermoraris and immediat tennentis of the samin landis and akeris of Ferryfeild and Bonfeild, for the yeirlie payment of fourtie merkis money; provest, bailleis and counsall of the burgh of Couper, heretable fewfirmoraris and immediat tennentis of Russellis Myln, parkis and wairdis thairof, for the yearly payment of ten pounds, all lying within the said earldom of Fife in that portion thereof commonly called Edin quarter; Williame Bonar of Rossie, heretable fewfirmorar and immediat tennent of the landis of Eister Rossie, for the yeirlie payment of nyntene merkis money, ane chalder quheat, twa chalderis, aucht bollis beir, ten bollis aittis and tuentie four caponis; James Scrymgeour of the Myres, Johne Bonar and Thomas Hardy, portioneris of the landis of Wester Rossie, heretable fewfirmoraris and immediat tennentis of the samin landis of Wester Rossie, for the yeirlie payment of tuentie four pundis money; the said James Scrymgeour of the Myres, heretable fewfirmorar and immediat tennent of the Medowis of Auchtermowchtie, for the yeirlie payment of fyve pundis vij s. viij d.; Johne Robertsoun, James Maxwell, James Miller and remanent portioneris of Auchtermowchtie, heretable fewfermoraris and immediat tennentis of the towne, landis, myln, mylnlandis and cottages of Auchtermowchtie, for the yeirlie payment of ten chalderis, ij bollis beir, fyve chalderis, ellevin bollis quheat, sex chalderis aittis, fyftie geiss, tuentie four capones, ane hundreth fyfescoir poultrie; Sir James Scott of Balwerie, knycht, heretable fewfirmorar and immediat tennent of the landis of Stramiglo, with the myln west† thairof and of the landis of Eister Casche, for the yeirlie payment for the saidis landis of Stramiglo and west myln thairof, of xvj merkis money and twa dossone pultrie, and for the saidis landis of Eister Casche four chalderis aittis, fourtie bollis beir, xxiiij lib. money, threscoir tuelf pultrie, xvj caponis, tuelf geiss; Andro Culter and remanent portioneris of the towne landis of the Newtoun of Balquanquell, heretable fewfirmoraris and immediat tennentis of the samin towne and landis of the Newtoun of Balcanquell, for the yeirlie payment of fourtie bollis aittis, v lib. money and auchtene pultrie; the said James Scrymgeor of the Myres, heretable proprietar and possessour of the landis of Over and Nather Myres, quhairof the just and trew rentall extendis to ten pundis money yeirlie, quhilk sowme of ten pundis is, and hes bene, bruikit be him and his predecessouris and allowit in the chekker comptis past memorie of man for the service of the office of masserie and serjandrie of armes pertening to the said James and his predecessouris, heretablie haldin of oure soverane lord and his predecessouris; Walter Mawer, wrytar, heretable fewfirmorar and immediat tennent of the landis of Wester Kilquhise, for the yeirlie payment of aucht pundis money; the said Maister James Betoun of Creich, heretable fewfirmorar and immediat tennent of the landis of Urquhart, for the yeirlie payment of auchtene pundis money, all lyand within the said erldome of Fyff in the portioun thairof commounlie callit Auchtermuchtie quarter; Robert Arnochte and remanent portioneris of the Newtoun of Falkland, heretable fewfermoraris and immediat tennentis of the towne and landis of Newtoun of Falkland, for the yeirlie payment of fyve chalderis aittis, fourtie bollis beir, xvj lib. money, four dossone pultrie and aucht geiss; Johne Couper and remanent portioneris of Freuchie, heretable fewfirmoraris and immediat tennentis of the towne and landis of Frewchie, for the yeirlie payment of thrie chalderis beir, thrie chalderis sex bollis aittis, sextene pundis money, four dossoun pultrie and aucht geiss; Henrie Pitcarne of that Ilk, heretable fewfirmorar and immediat tennent of the myln of Frewchie, with the mylnlandis, multuris and suckin thairof, for the yeirlie payment of tuentie sex bollis, ten peckis beir, four pundis money and tuentie four capones; David Rymour and remanent portioneris of the Kingis Kettill, heretable fewfirmoraris and immediat tennentis of the towne and landis of Kingis Kettell, for the yeirlie payment of four chalderis, twa bollis, tua firlottis aittis, tua chalderis, ane boll, ane firlott beir, tuentie merkis money, thrie dossone pultrie and aucht geiss; George Mowtrar† of Seyfeild, heretable fewfermorar and immediat tennent of the towne landis of the Newtoun of Merkinche, for the yeirlie payment of ten pundis; James Colvill of Easter Wemis, heretable fewfermorar and immediat tennent of the landis of Camrone, for the yeirlie payment of ten bollis beir, tuentie bollis aittis and aucht pundis money; the said Andro Wod of Largo, heretable fewfirmorar and immediat tennent of the myln callit the Kingis Myln, mylnlandis, multuris and suckin thairof, and of the landis of Balbrekie, Auldhall, coill and coilhewchis thairof for the yeirlie payment for the said Kingis Myln, mylnlandis, multuris and suckin thairof, of aucht pundis x s. money and thrie dossone capones, and for the saidis landis of Balbrekie tuentie bollis beir, fourtie bollis aittis, ten pundis money and tuentie four capones; James Clerk of Balbirnie, heretable fewfirmorar and immediat tennent of the landis of Ballinkirk, for the yeirlie payment of ten lib. iij s. iiij d.; the said Johne Bonar, heretable fewfirmorar and immediat tennent of the landis of Drumtennent, for the yeirlie payment of fourtie bollis aittis, tuentie bollis beir, ten pundis thre schillingis four pennies money and auchtene pultrie; the said Walter Mawer, heretable fewfirmorar and immediat tennent of the landis of Wester Kilquhyis, for the yeirlie payment of aucht pundis money of this realme at tua terme, Witsonday and Mertymes, all lyand within the said erldome of Fyff in that portioun thairof commounlie callit Falkland quarter; aganis Maister Johne Skene, clerk of register, Schir David Murray of Gospartie, knycht, comptroller to oure soverane lord, and Maister Thomas Hammyltoun of Drumcarne, his hienes advocat for his majesties interes in the mater underwrittin, makand mentioun that quhair the saidis persewaris and thair predecessouris and authouris respective ar and hes bene dewlie rentallit, infeft and seasit in all and sindrie the foirsaidis landis, mylnis and utheris abone expressit, ilkane of thame for thair awin pairtis and portionis, for the yeirlie payment of the particular dewteis abone expremit contenit in the infeftmentis and rentallis maid to thame, thair predecessouris and authouris therupoun past memour of man. And the foirnamit persones and thair predecessouris and authouris, be vertue of thair infeftmentis, rentallis and titillis maid and grantit to thame of the saidis landis, mylnis and utheris foirsaidis, hes bene evir in use and consuetude of payment of the particular dueteis abone expressit for the samyn alanerlie; and the saidis yeirlie dueteis particularlie abonementionat and na forder evir hes bene ressavit fra thame, thair predecessouris and authouris upoun compt in chekker, charge and discharge maid thairof without ony maner of contradictioun, obstacle or impediment in ony tyme bigane quhill now laitlie that Schir David Murray of Gospartie, knycht, comptroller to oure soverane lord, and Maister Thomas Hammyltoun of Drumcarne, his majesties advocat, in his hienes name, hes moveit questioun aganis the saidis persones persewaris, at the leist aganis ane great pairt of thame, be way of removeing to have hard thame decernit to remove fra the saidis landis and thairby to impugne thair heretable infeftmentis of the samin as gif the saidis infeftmentis had bene grantit to thame, thair predecessouris and authouris be oure soverane lord and his hienes progenitouris in allegit diminutioun of the auld rentall, taking thair pretendit ground and fundament of the said pretendit persute fra certane allegit hier and greater rentallis allegit contenit in the comptrolleris or rentall buikis or in the comptis or rollis of the chekker in the yeir of God jM four hundreth fourscoir sewin yeiris in the dayes of umquhile King James the Thrid of maist worthie memorie and certane utheris tymes, albeit trew it is that the saidis pretendit greater and hier rentallis wes nevir acknawlegit be the foirnamit persones fewaris, nor thair predecessouris, nor authouris, nor na payment maid according thairto to oure said soverane lord, nor to his hienes predecessouris, comptrolleris, chalmerlanis nor utheris, and the greatest pairt of the comptis maid in the said yeir of God ane thowsand four hundreth fourscoir sewin yeiris inclusive to the yeir of God jM four hundreth fourscoir nyntene yeiris inclusive expreslie beris that the compter chargeit him be actuall and reall payment of the dueteis contenit in the infeftmentis and rentallis maid to the saidis persones, thair predecessouris and authouris of the landis and utheris foirsaidis, as is particularlie befoir rehersit; and the said compter tuk his discharge and exoneratioun of that thing quhairwith he chargeit himself and wes nocht actualie payit be ressone that he wes chargeit thairwith superfluouslie without ony ressone. Lyk as King James the Feird of maist worthie memorie, thaireftir haveing trewlie considerit that mater, he in the said yeir of God jM four hundreth fourscoir nynetene yeiris dischargeit the said pretendit new greater and hier rentall and tuk him to the auld rentall quhilk wes accustomat to be payit of befoir for the saidis landis, extending to the particular duetie abone expressit, according to the quhilkis infeftmentis and rentallis maid to the saidis persewaris, their predecessouris and authouris respective of the foirsaidis landis and utheris abone mentionat, they and their saidis predecessouris and authouris hes bruikit the samin landis for their awin pairtis particularlie and hes maid payment of the particular dueteis foirsaidis for the samin† thankfullie without ony uther exactioun during the perfyte ages of four severall princis, viz: of oure soverane lordis darrest grandfather, King James the Fourt, his majesteis darrest gudfather, King James the Fyft, his hienes darrest mother, and his grace self, quhome God preserve, fra the yeir of God ane thowsand fyve hundreth and tua yeiris inclusive to this present day. Lyk as oure said soverane lord and his majesteis predecessouris, comptrolleris, chalmerlanis and factouris hes yeirlie and continewalie during the said space maid thair comptis in the chekker and onlie chargeit and dischargeit thame selffis according to the particular dewteis foirsaidis mentionat in the saidis infeftmentis alanerlie, quhairby the said auld and just rentall quhilk wes continewalie accustomat to be payit and contenit in thair saidis infeftmentis is ratefeit and approvin in sic sorte as thair is, nor can nocht be ony† uther trew rentall quhairby the saidis persewaris infeftmentis, titillis or richtis of the foirsaidis landis may be onywayes impugnit. Lyk as alsua sum of the saidis infeftmentis being laitlie impugnit at the instance of the saidis comptroller and advocat under pretext of the foirsaid pretendit greater and hier rentall, the saidis comptroller and advocat wer astrictit to verefie and preif that the said pretendit greater and hier rentall had tane full effect insafar as the comptroller or the chalmerlane for the tyme had maid thair comptis be charge and discharge, be actuall payment of the said pretendit greater and hier rentall, quhilk wes the onlie cause that sustenit oure soverane lordis advocatis argument, and the samin being admittit be the saidis advocat and comptrolleris probatioun they failyeit in the said probatioun and thairfoir absoluitour wes gevin in favouris of sum of the saidis tennentis and fewaris aganis oure soverane lord in diverse of the saidis persutis, and specialie in favouris of Thomas Hardie, quha wes persewit be the said comptroller and advocat to have removeit fra ane thrid pairt of the landis of Wester Rossy upoun the allegeit non payment of the foirsaid pretendit greater and hier rentall, quha wes be decrete and sentence pronuncit be the lordis of counsaill and sessioun in foro contradictorio upoun the tuentie thrid day of Januar last bipast jM and sex hundreth yeiris assolyeit simpliciter fra the said petitioun inrespect the said comptroller and advocatt failyeit in preving of the answer, reply and triply maid be thame quhairby they offerrit thame to preif that the said pretendit greater and hier rentall had tane full effect be the comptroller or chalmerlanis comptis maid for the tyme be charge and discharge, be actuall payment of the said pretendit greater and hier rentall as said is; quhairin they failyeit and thairupoun the said decrete absoluitour wes gevin, and thairby in effect it wes cleirlie fundin that the said pretendit greater and hier rentall quhairof first mentioun wes maid in the said yeir of God jM four hundreth fourscoir and sevin yeiris, nor na uther greater nor hier rentall maid at ony uther tyme, was nor culd nocht be ony just rentall bot be the contrair the first auld rentall particularlie aboneexpressit, mentionat in the saidis rentallis and infeftmentis continewit evir in payment nocht onlie befoir the said yeir ane thowsand four hundreth fourscoir sevin, and fra that yeir, bot als continewalie sensyne to this present day; and thairfoir it is maist manifast that the saidis tennentis and fewaris ar wrangouslie and injustlie, aganis all law, richt and conscience, molestit and trublit be oure soverane lordis comptroller and advocat foirsaidis in his hienes name, seing thair infeftmentis can nawayes be drawin in questioun, nor ar nawayes in perrell, nor danger of law for allegeit diminutioun of the rentall. For the ressones cause foirsaidis and anent the warning maid to the saidis Maister Johne Skene, clerk of register, the said Schir David Murray of Gospairtie, knycht, comptroller to oure soverane lord, and the said Maister Thomas Hammyltoun of Drumcarnie, his hienes advocat, in his name for his majesteis entres, to have comperit befoir oure said soverane lord and lordis of estaittis in this present parliament upoun the morne eftir the charge, with continewatioun of dayes, bringand with thame all and sindrie hier and greater rentallis, comptis and rollis of chekker quhatsumevir contenand ony greater or hiear dewtie nor is contenit in the rentallis and infeftmentis abonespecefeit, to have bene sene and considerit be thame and to have hard and sene it bene fundin and declarit be decrete and cenferment of this present parliament that all and sindrie the foirsaidis rentallis and infeftmentis of fewferme grantit and sett to the saidis tennentis and fewaris, thair predecessouris and authouris for thair awin pairtis particularlie of the landis and utheris aboneexpremit for the yeirlie dewtie abone rehersit ar and have bene grantit and sett for the just rentall and nawayes in diminutioun thairof; and that thair is na uther just rentall bot that quhilk aggreis with the duetie particularlie abone expressit contenit in the saidis infeftmentis and that the said rentall contenit thairin hes bene in all tymes past and sall remane in all tyme cumming the onlie just and trew rentall. And als to have hard and sene it bene fundin and declarit be the said decrete that the foirsaid greater and hier rentallis first mentionat in the said yeir ane thowsand four hundreth fourscoir sewin and all utheris hier and greater rentallis quhatevir they be contenit in, the comptroller or rentall buikis, in the comptis or rollis of the chekker, ar nawayes authentik, just nor trew rentallis and that thairfoir the saidis comptroller and advocat present and to cum bene decernit to desist and ceis fra all trubling or burdening of the saidis persewaris with the saidis pretendit greater and hier rentallis quhatsumevir; and that the samyn pretendit greater and hier rentallis and all the comptis and chekker rollis contenand ony greater dewtie nor is particularlie befoir specefeit bene decernit be the said decrete to be delete and to be declarit to have bene and to be of nane availl, force nor effect in judgement nor outwith in ony tyme cumming; and lykwayes to have hard and sene it bene fundin and declarit be the said decrete that the rentallis and infeftmentis foirsaidis maid to the saidis persewaris, thair predecessouris and authouris hes bene, and sall be, to thame, thair airis and successouris for evir sufficient richtis and titillis for bruiking and joising of all and sindrie the landis, mylnis and utheris abone mentionat contenit thairin, ilkane of thame for thair awin pairtis particularlie for the yeirlie payment of the dewtie and rentall abone expressit contenit in the samin infeftmentis alanerlie in all tyme cuming, and that the foirsaidis pretendit greater and hier rentallis nor na uther rentall be admittit to mak faith in judgement nor outwith bot the foirsaid rentall mentionat in the saidis infeftmentis. And als to have hard and sene all and quhatsumevir decreittis of removeing gevin aganis the saidis persones persewaris or ony of thame or thair predecessouris bene retretit, rescindit and reducit and the executioun thairof declarit to be suspendit simpliciter in all tyme cumming, but ony forder proces or actioun of reductioun, for the ressones and causes foirsaidis, or ellis to have schawin ane ressonable cause quhy the samin suld nocht have bene done, as at mair lenth is contenit in the said supplicatioun. All the foirsaidis persones, persewaris, comperand be Maisteris Johne Scharp, William Oliphant, Henrie Balfour and Robert Lermonth, thair procutouris, the said Schir David Murray of Gospartie, knycht, his majesties comptroller, and Maister Thomas Hammyltoun of Drumcarne, his hienes advocat for oure soverane lordis enteres in the said mater, being baith personalie present, and the said Maister Johne Skene, clerk of register, comperand lykwayes personalie, quha producit the haill rentall buikis, comptis and rollis of chekker concerning the saidis landis and utheris befoir rehersit according to the desyre of the said supplicatioun, and thaireftir all the foirsaidis pairteis richtis, ressones, allegationis, with certane decreittis obtenit befoir the lordis of counsaill in foro contradictorio at the instance and in favouris of certane of the persewaris and thair predecessouris aganis oure said soverane lord, his hienes comptroller and advocat for the tyme, extractis of rentall comptis and rollis of chekker authentiklie subscryvit be the clerk of register, haill particular infeftmentis abonewrittin grantit to the saidis persewaris and thair predecessouris of the landis respective, licit diverse utheris wryttis and probationis producit for the pairt of the saidis persewaris, togidder with all and sindrie the saidis rentallis buikis, comptis and rollis of chekker concerning the saidis landis and utheris befoir rehersit producit be the said clerk of register of befoir conforme to the desyre of the said supplicatioun, repetit be the saidis persewaris for verefeing of thair said supplicatioun and ressoneis thairin contenit, hard, sene, understand; and the estaittis of parliament being thairwith ryplie advysit (eftir that the foirsaidis pairteis and thair saidis procutouris wer hard to ressone viva voce thairupoun in thair haill presens), oure soverane lord and estaittis of parliament findis, decernis and declaris that all and sindrie the foirsaidis rentallis and infeftmentis of fewferme grantit and sett to the saidis persewaris, thair predecessouris and authouris for thair awin pairtis, particularlie of the landis and utheris abone expremit for the yeirlie dewtie particularlie befoir rehersit, ar and have bene grantit and sett for the just rentall and nawayes in diminutioun therof, and that thair is na uther just rentall bot that quhilk aggreis with the dewtie particularlie abone expressit contenit in the saidis infeftmentis, and that the foirsaid rentall contenit thairin hes bene in all tymes past and sall remane in all tyme cumming the onlie just and trew rentall. And als findis and declaris thatt the foirsaid pretendit greater and hier rentallis first mentionat in the said yeir ane thowsand four hundreth fourscoir sewin and all uther hier and greater rentallis quhatevir they be contenit in, the comptroller or rentall buikis, the comptis and rollis of the chekker, ar nawayes authentik, just nor trew rentallis and, thairfoir, decernis and ordanis the said comptroller and advocat present and to cum to desist and ceise frome all trubling or burdening of the saidis persewaris with the saidis pretendit great and hier rentallis quhatsumevir; and decernis the samin great and hier rentallis and all the comptis and chekker rollis contenand ony greater duetie nor is particularlie befoir specefeit to be delete and declaris the samin to have bene and to be of nane availl, force nor effect in judgement nor outwith in ony tyme cumming; and lykwayes findis and declaris that the rentallis and infeftmentis foirsaidis maid to the saidis persewaris, thair predecessourris and authouris hes bene, and sall be, to the saidis fewaris, thair airis and successouris for evir sufficient richtis and titillis for bruiking and joising of all and sindrie the landis, mylnis and utheris abone mentionat contenit thairin, ilkane of thame for thair awin pairtis particularlie for the yeirlie payment of the duetie and rentall abone explenit contenit in the samin infeftmentis alanerlie in all tyme cumming, and that the foirsaidis pretendit greater and hier rentallis nor na uther rentall be admittit to mak fayth in judgement nor outwith bot the foirsaid rentall mentionat in the saidis infeftmentis. And alsua his majestie and estaittis foirsaidis retreittis, rescindis and reducis all and quhatsumevir decreittis of removeing gevin aganis the saidis persewaris or ony of thame or thair predecessouris of the samin, and declaris the executioun thairof to be suspendit simpliciter in all tyme cumming but ony forder proces or actioun of reductioun becaus the foirsaid supplicatioun and ressones abonewrittin thairin specefeit being fundin relevant be the saidis estaittis of parliament, nochtwithstanding the haill defense and allegeances proponit for the pairt of oure said soverane lord be the said Schir David Murray, his hienes comptroller, and the said Maister Thomas Hammyltoun, his majesties advocat in his hienes name, in the contrair, the samin wes admittit to the said persewaris probatioun quha presentlie verefeit the ressones of thair said supplicatioun sufficientlie be productioun and repetitioun in modum probationis of thair saidis haill infeftmentis particularlie befoir rehersit, haill rentall buikis, comptis and rollis of chekker concerning the saidis landis and utheris foirsaidis, decreittis, utheris wryttis and rentallis befoir specefeit, as wes cleirlie understand to his majestie and estaittis foirsaidis and, thairfoir, thai gaif thair decrete in maner foirsaid and ordinis lettres to be direct heirupoun gif neid beis in forme as efferis.
[1600/11/70]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, considering the great, thankfull and honorable service done to his majesties umquhile mother of gude memorie, to his majesties self and to the honour of the haill natioun of Scotland be James, archibischop of Glasgow, in the pairtis of France, be useing of the office of ambassaderrie to the honour of his majestie and haill realme of Scotland, without ony condigne recompance, and yit, be injurie of tyme, the said archibischop hes bene debarrit frome his benefice of Glasgow, and hes nevir†hithertillis sen his departure furth of this realme importit ony commoditie furth† of the samyn, nor never hes bene restorit effectualie to his richt and place of the said archibischoprik, quhill laitlie in the moneth of Junii jM vC fourscoir auchtene yeiris, that oure said soverane lord and estaittis, considering the said archibischop his gude service and demerittis, as lykwayes being moveit be the suittis of diverse forane kingis and princes and faythfull promeis maid to thame be his majestie, his majestie and estaittis foirsaidis restorit the said archibischop to his heretages, honouris, digniteis, benefices, offices, landis, rowmes, possessionis, actionis quhilk at ony tyme evir pertenit to him of befoir within the realme of Scotland and that nochtwithstanding quhatsumevir dome and sentence of forfaltour, decrete of barratrie, horning, actis of parliament and counsall, excommunicatioun, and declaris the act and benefite of pacificatioun maid at Perth in the moneth of Februar jM vC threscoir tuelf yeiris, ratefeit in his hienes parliament in the moneth of Aprile jM vC threscoir threttene yeiris, and the act of pacificatioun and abolitioun maid at Linlythqw in the moneth of December jM vC fourscoir fyve yeiris and the act maid in the moneth of Julii jM vC fourscoir sewin yeiris in favouris of thame quha wer banesit, trublit or exylit sen the kingis majesties umquhile mother of gude memorie returning to Scotland, to be extendit to the said archibischop, and he to injoy and have the haill effect and commoditie of the saidis actis als frelie in all sortis and respectis as gif his name wer per expressum contenit thairintill, and als frelie as ony of oure soverane lordis liegis bruikis and joisis the samyn, nochtwithstanding of quhatsumevir actis of parliament and counsall, statute, ordinance or law maid or to be maid in the contrair quhilkis may stay or impede the said archibischop to bruik, joise and possess the benefite of the saidis actis, and specialie dispensand with ane act of parliament maid in the moneth of Junii jM vC fourscoir tuelf yeiris be the quhilk it wes declarit that na persone sall be hard to seik the said benefitte bot sic as hes acknawlegeit his majesties authoritie and religioun presentlie professit within the realme; anent the quhilk act and act of ipso facto maid aganis beneficit persones and all utheris actis and statutis foirsaidis, oure said soverane lord and estaittis foirsaidis dispenses and declaris that the said archibischop sall injoy his haill heretages, benefices, digniteis, honouris, rowmes, actiounes and possessiones nochtwithstanding that he hes nevir maid confessioun of his fayth and nochtwithstanding that he hes nevir acknawlegeit the religioun professit within this realme, anent the quhilk his majestie and estaittis, be thir presentis, dispenses, and that the said archibischop sall nawayes be subject to the making of the confessioun of his fayth nor to the penaltie nor penalteis that may resulte upoun the nocht making of the samyn during the haill tyme of his remaning furth of the cuntrey and for ane yeir eftir his returning, as at mair lenth is contenit in the said act of the date at Edinburgh, the penult day of Junii jM vC fourcoir auchtene yeiris; quhilk act of pacificatioun and restitutioun abonespecefeit oure soverane lord and estaittis foirsaidis in this present parliament hes ratefeit and approvin, and decernis and ordinis the samin to have full strenth, force and effect to and in favouris of the said archibischop without ony kind of limitatioun or restrictioun, sua that he may joise and bruik the benefitt of pacificatioun als amplie in all sortis and respectis as ony subject within the realme hes bruikit and joisit the samin and that continualie sen the date of the said act abonespecefeit, but prejudice alwayes of quhatsumevir fewes of the temporall landis of the bischoprik of Glasgow lauchfullie sett, without diminutioun of the rentall to quhatsumevir persone or persones, and als but prejudice of the ministeris stipendis conforme to thair particular assignationis maid to thame furth of the said bischoprik, and of quhatsumevir rentis and dueteis pertening to the college of Glasgow, exceptand alwayes furth of the said restitutioun the castell of Glasgow and cheising of the provest and bailleis of Glasgow and provestrie and baillarie thairof.†