Legislation: private acts
Act in favouris of Schir Thomas Erskene

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.

  1. NAS, PA2/16, f.13v-15r. Back
  2. 'P' written in margin beside heading. Back
  3. NAS, PA2/16, f.15r-v. Back
  4. 'P' written in margin beside heading. Back
  5. NAS, PA2/16, f.16r-v. Back
  6. 'P' written in margin beside heading. Back
  7. Blank spaces denote 2 deleted words, which are illegible. Back
  8. NAS, PA2/16, f.16v-17v. Bottom right hand corner of f.17r. is torn off, and consequently the left hand side of f.17v. Back
  9. 'P' written in margin beside heading. Back
  10. 'and that the' superscript in contemporary hand. Back
  11. Rest of line is missing due to tear in folio. Back
  12. Rest of line missing due to tear in folio. Back
  13. Rest of line missing due to tear in folio. Back
  14. Rest of word and line missing due to tear in folio. Back
  15. Rest of word and line missing due to tear in folio. Back
  16. NAS, PA2/16, f.17v-19r. Back
  17. 'P' written in margin beside heading. Back
  18. Rest of line is missing due to tear in folio. Back
  19. Rest of line is missing due to tear in folio. Back
  20. Rest of line is missing due to tear in folio. Back
  21. 'his majesties' repeated. Back
  22. Word unclear. Back
  23. NAS, PA2/16, f.19r. Back
  24. 'V' written in margin beside heading. Back
  25. NAS, PA2/16, f.19r. Back
  26. 'P' written in margin beside heading. Back
  27. This act is written in a different hand, which is similar to that of 1600/11/68. Back
Act in favouris of the said Schir Thomas Erskene of ane yerlie pensioun of tuelf chalderis victuall

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.

  1. NAS, PA2/16, f.13v-15r. Back
  2. 'P' written in margin beside heading. Back
  3. NAS, PA2/16, f.15r-v. Back
  4. 'P' written in margin beside heading. Back
  5. NAS, PA2/16, f.16r-v. Back
  6. 'P' written in margin beside heading. Back
  7. Blank spaces denote 2 deleted words, which are illegible. Back
  8. NAS, PA2/16, f.16v-17v. Bottom right hand corner of f.17r. is torn off, and consequently the left hand side of f.17v. Back
  9. 'P' written in margin beside heading. Back
  10. 'and that the' superscript in contemporary hand. Back
  11. Rest of line is missing due to tear in folio. Back
  12. Rest of line missing due to tear in folio. Back
  13. Rest of line missing due to tear in folio. Back
  14. Rest of word and line missing due to tear in folio. Back
  15. Rest of word and line missing due to tear in folio. Back
  16. NAS, PA2/16, f.17v-19r. Back
  17. 'P' written in margin beside heading. Back
  18. Rest of line is missing due to tear in folio. Back
  19. Rest of line is missing due to tear in folio. Back
  20. Rest of line is missing due to tear in folio. Back
  21. 'his majesties' repeated. Back
  22. Word unclear. Back
  23. NAS, PA2/16, f.19r. Back
  24. 'V' written in margin beside heading. Back
  25. NAS, PA2/16, f.19r. Back
  26. 'P' written in margin beside heading. Back
  27. This act is written in a different hand, which is similar to that of 1600/11/68. Back
Act in favouris of Schir Hew Heres anent his pensioun of tuentie chalderis victuall

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.

  1. NAS, PA2/16, f.13v-15r. Back
  2. 'P' written in margin beside heading. Back
  3. NAS, PA2/16, f.15r-v. Back
  4. 'P' written in margin beside heading. Back
  5. NAS, PA2/16, f.16r-v. Back
  6. 'P' written in margin beside heading. Back
  7. Blank spaces denote 2 deleted words, which are illegible. Back
  8. NAS, PA2/16, f.16v-17v. Bottom right hand corner of f.17r. is torn off, and consequently the left hand side of f.17v. Back
  9. 'P' written in margin beside heading. Back
  10. 'and that the' superscript in contemporary hand. Back
  11. Rest of line is missing due to tear in folio. Back
  12. Rest of line missing due to tear in folio. Back
  13. Rest of line missing due to tear in folio. Back
  14. Rest of word and line missing due to tear in folio. Back
  15. Rest of word and line missing due to tear in folio. Back
  16. NAS, PA2/16, f.17v-19r. Back
  17. 'P' written in margin beside heading. Back
  18. Rest of line is missing due to tear in folio. Back
  19. Rest of line is missing due to tear in folio. Back
  20. Rest of line is missing due to tear in folio. Back
  21. 'his majesties' repeated. Back
  22. Word unclear. Back
  23. NAS, PA2/16, f.19r. Back
  24. 'V' written in margin beside heading. Back
  25. NAS, PA2/16, f.19r. Back
  26. 'P' written in margin beside heading. Back
  27. This act is written in a different hand, which is similar to that of 1600/11/68. Back
Act in favouris of Schir Johne Ramsay anent ane infeftment to be maid to him of the landis of Eist Barnis

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.

  1. NAS, PA2/16, f.13v-15r. Back
  2. 'P' written in margin beside heading. Back
  3. NAS, PA2/16, f.15r-v. Back
  4. 'P' written in margin beside heading. Back
  5. NAS, PA2/16, f.16r-v. Back
  6. 'P' written in margin beside heading. Back
  7. Blank spaces denote 2 deleted words, which are illegible. Back
  8. NAS, PA2/16, f.16v-17v. Bottom right hand corner of f.17r. is torn off, and consequently the left hand side of f.17v. Back
  9. 'P' written in margin beside heading. Back
  10. 'and that the' superscript in contemporary hand. Back
  11. Rest of line is missing due to tear in folio. Back
  12. Rest of line missing due to tear in folio. Back
  13. Rest of line missing due to tear in folio. Back
  14. Rest of word and line missing due to tear in folio. Back
  15. Rest of word and line missing due to tear in folio. Back
  16. NAS, PA2/16, f.17v-19r. Back
  17. 'P' written in margin beside heading. Back
  18. Rest of line is missing due to tear in folio. Back
  19. Rest of line is missing due to tear in folio. Back
  20. Rest of line is missing due to tear in folio. Back
  21. 'his majesties' repeated. Back
  22. Word unclear. Back
  23. NAS, PA2/16, f.19r. Back
  24. 'V' written in margin beside heading. Back
  25. NAS, PA2/16, f.19r. Back
  26. 'P' written in margin beside heading. Back
  27. This act is written in a different hand, which is similar to that of 1600/11/68. Back
Act in favouris of Schir Hew Heres anent ane infeftment to be maid to him of the landis of Cowsland and tuentie chalderis victuall furth of Scone

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.

  1. NAS, PA2/16, f.13v-15r. Back
  2. 'P' written in margin beside heading. Back
  3. NAS, PA2/16, f.15r-v. Back
  4. 'P' written in margin beside heading. Back
  5. NAS, PA2/16, f.16r-v. Back
  6. 'P' written in margin beside heading. Back
  7. Blank spaces denote 2 deleted words, which are illegible. Back
  8. NAS, PA2/16, f.16v-17v. Bottom right hand corner of f.17r. is torn off, and consequently the left hand side of f.17v. Back
  9. 'P' written in margin beside heading. Back
  10. 'and that the' superscript in contemporary hand. Back
  11. Rest of line is missing due to tear in folio. Back
  12. Rest of line missing due to tear in folio. Back
  13. Rest of line missing due to tear in folio. Back
  14. Rest of word and line missing due to tear in folio. Back
  15. Rest of word and line missing due to tear in folio. Back
  16. NAS, PA2/16, f.17v-19r. Back
  17. 'P' written in margin beside heading. Back
  18. Rest of line is missing due to tear in folio. Back
  19. Rest of line is missing due to tear in folio. Back
  20. Rest of line is missing due to tear in folio. Back
  21. 'his majesties' repeated. Back
  22. Word unclear. Back
  23. NAS, PA2/16, f.19r. Back
  24. 'V' written in margin beside heading. Back
  25. NAS, PA2/16, f.19r. Back
  26. 'P' written in margin beside heading. Back
  27. This act is written in a different hand, which is similar to that of 1600/11/68. Back
Act in favouris of the vassellis of the erldome of Gowrie

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.

  1. NAS, PA2/16, f.13v-15r. Back
  2. 'P' written in margin beside heading. Back
  3. NAS, PA2/16, f.15r-v. Back
  4. 'P' written in margin beside heading. Back
  5. NAS, PA2/16, f.16r-v. Back
  6. 'P' written in margin beside heading. Back
  7. Blank spaces denote 2 deleted words, which are illegible. Back
  8. NAS, PA2/16, f.16v-17v. Bottom right hand corner of f.17r. is torn off, and consequently the left hand side of f.17v. Back
  9. 'P' written in margin beside heading. Back
  10. 'and that the' superscript in contemporary hand. Back
  11. Rest of line is missing due to tear in folio. Back
  12. Rest of line missing due to tear in folio. Back
  13. Rest of line missing due to tear in folio. Back
  14. Rest of word and line missing due to tear in folio. Back
  15. Rest of word and line missing due to tear in folio. Back
  16. NAS, PA2/16, f.17v-19r. Back
  17. 'P' written in margin beside heading. Back
  18. Rest of line is missing due to tear in folio. Back
  19. Rest of line is missing due to tear in folio. Back
  20. Rest of line is missing due to tear in folio. Back
  21. 'his majesties' repeated. Back
  22. Word unclear. Back
  23. NAS, PA2/16, f.19r. Back
  24. 'V' written in margin beside heading. Back
  25. NAS, PA2/16, f.19r. Back
  26. 'P' written in margin beside heading. Back
  27. This act is written in a different hand, which is similar to that of 1600/11/68. Back
Act in favouris of James Lundy

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.

  1. NAS, PA2/16, f.13v-15r. Back
  2. 'P' written in margin beside heading. Back
  3. NAS, PA2/16, f.15r-v. Back
  4. 'P' written in margin beside heading. Back
  5. NAS, PA2/16, f.16r-v. Back
  6. 'P' written in margin beside heading. Back
  7. Blank spaces denote 2 deleted words, which are illegible. Back
  8. NAS, PA2/16, f.16v-17v. Bottom right hand corner of f.17r. is torn off, and consequently the left hand side of f.17v. Back
  9. 'P' written in margin beside heading. Back
  10. 'and that the' superscript in contemporary hand. Back
  11. Rest of line is missing due to tear in folio. Back
  12. Rest of line missing due to tear in folio. Back
  13. Rest of line missing due to tear in folio. Back
  14. Rest of word and line missing due to tear in folio. Back
  15. Rest of word and line missing due to tear in folio. Back
  16. NAS, PA2/16, f.17v-19r. Back
  17. 'P' written in margin beside heading. Back
  18. Rest of line is missing due to tear in folio. Back
  19. Rest of line is missing due to tear in folio. Back
  20. Rest of line is missing due to tear in folio. Back
  21. 'his majesties' repeated. Back
  22. Word unclear. Back
  23. NAS, PA2/16, f.19r. Back
  24. 'V' written in margin beside heading. Back
  25. NAS, PA2/16, f.19r. Back
  26. 'P' written in margin beside heading. Back
  27. This act is written in a different hand, which is similar to that of 1600/11/68. Back