[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.