[1605/6/29]*[print] [email] [cite] [preceding] [following]
†[...]entissimi et potentissimi principis Jacobi Dei [...] tentum apud Perth nono die mensis Julii [...] to per prepotentem dominum Joannem comitem Montif[...] omnes regni status, unacum comite Arrolie consta[... ...]callo et Joanne Moncreif milite pro vicecomite de [...] adjudicatore. Sectis vocatis, curia affirmata.
[1605/6/30]*[print] [email] [cite] [preceding] [following]
The haill actis following wer red, voitit and concludit be the estaittis in plane parliament.
†[...]le as the estaittis and haill bodie of this present parliament, considering [...]full discent in the persone of oure most gratious soverane of the [...] of the famous and renowned kingdomes of England, France and Irland [...] far surpassis the wealth, power and force of the dominionis of ony of his progenitouris kingis of Scotland, God hes also joynit ane wonderfull incresce of cair and burding for discharge, quhairof he hes endewed his majestie with sa mony extraordinar graces and maist rare and excellent vertues as he is nocht onlie knawin by daylie and manifest experiences in materis of greatest difficultie and consequence, to the unspeakable conforte of all his faithfull subjectis, to be capable of the happie governament of his saidis kingdomes, bot be his maist singular judgement, foirsicht and princelie wisdome worthie to posses and habill to governe far greater dominionis and numberis of people; and inrespect thairof, the saidis estaittis of parliament, persaveing that be his majesteis exaltatioun nocht onlie in preeminence and power, bot also in all royall qualiteis requisit for the happie discharge thairof, God hes manifestlie expressit his heavinlie will to be that his majesteis imperiall power, quhilk God hes sa gratiouslie inlarged, sall nocht by thame in ony sorte be impared, prejudged or diminissed, bot rather reverenced and augmented sofar as possible they can; thairfoir the saidis estaittis and haill bodie of this present parliament all in ane voluntar, humbill, faithfull and united hairt, mynd and consent trewlie acknawleges his majesties soverane authoritie, princelie power, royall prerogative and privilege of his crowne over all estaittis, persones and causes quhatsumevir within his said kingdome, and his majestie, with express advyse, consent and assent of the saidis haill estaittis, ratefeis, appreves and perpetualie confermis the samyn, als absolutlie, amplie and frelie in all respectis and considerationis as evir his majestie or ony of his royall progenitouris, kingis of Scotland in ony tyme bigane, possessed, used or exerced the same; and lykwayes, with consent foirsaid, cassis, annullis, abrogattis, retreittis and rescindis all and quhatsumevir thingis attempted, enacted, done or heireftir to be done or intendit to the violatioun, hurte, derogatioun, imparing or prejudice of his hienes soverane authoritie, royall prerogative and privileges of his crowne or ony point or pairt thairof, in ony tyme bigane or tocum. And the saidis haill estaittis, for thame selffis and thair successouris, faithfullie promittis perpetualie to acknawlege, obey, mantene, defend and advance the lyfe, honour, saiftie, dignitie, soverane authoritie and prerogative royall of his sacred majestie, his airis and successouris and privilege of his hienes crowne with thair lyves, landis and gudis, to the uttermest of thair power, and constantlie and faithfullie to withstand all and quhatsumevir persones, poweris or estaittis quha sall presume, preas or intend onywayes to impugne, prejudge, hurte or impair the same, and nevir to cum in the contrair thairof, directlie nor indirectlie, in ony tyme cummyng.
[1605/6/31]*[print] [email] [cite] [preceding] [following]
In the parliament haldin at Perth, the nynt day of Julii the yeir of God jM vjC and sex yeiris, be vertue of ane speciall commissioun grantit be oure soverane lord to that effect under the great seall, of the date at Hamptouncourt, the aucht day of Februar jM vjC and four yeiris, oure soverane lord, now in his absens furth of his kingdome of Scotland, ernestlie desyring sa to provyde for the just and politique governament of that estait, as his faithfull subjectis thairof may perfytlie knaw that absens breidis nocht in his royall mynd oblivioun of thair gude, bot that he is daylie mair and mair cairfull of sic thingis as may tend maist to the honour, proffitt and perpetuall stabilitie and quietnes of the said kingdome, quhairin understanding religioun and justice to be sa necessar fundamentis and pillaris, as by thame the authoritie of the princes and quietnes of the peopill in all tymes bipast hes cheiflie bene establischit and mantenit, quhill off lait in his majesteis young yeiris and unsetlit estaitt the ancient and fundamentall policie consisting in the mantenance of the thrie estaittis of parliament hes beine greatumlie imparit and almost subvertit, specialie by the indirect abolischeing of the estait of bischoppis by the act of annexatioun of the temporalitie of benefices to the crowne maid in his hienes parliament haldin at Edinburgh in the moneth of Julii, the yeir of God jM vC fourscoir sewin yeiris, quhairby albeit it wes nather menit by his majestie nor by his estaittis that the said estait of bischoppis, consisting of benefices of cure and being ane necessar estait of the parliament, suld onywayes be suppressit; yit his majestie, by experience of the subsequent tyme, hes cleirlie sene that the dismembering and abstracting frome thame of thair levingis hes brocht thame in sic contempt and povertie that they ar nocht hable to furneis necessaris to thair privat familie, mekill less to beir the charges of thair wonted rank in parliament and generall counsaillis and, eftir the example of thair predecessouris, to assist and supplie thair prince with thair counsaill and gudis in tyme of peax and ware, the remede quhairof propirlie belangis to his majestie, quhome the haill estaittis of thair bundin duetie, with maist hartlie and faithfull affectioun, humelie and trewlie acknawleges to be soverane monarche, absolute prince, judge and governour over all persones, estaittis and causes, baith spirituall and temporall, within his said realme; thairfoir his majestie, with express advyse and consent of the saidis haill estaittis of parliament, being cairfull to repone, restoir and redintegrat the said estait of bischoppis to thair ancient and accustomed honour, digniteis, prerogatives, privileges, levingis, landis, teyndis, rentis, thriddis and estaitt, as the samyn wes in the reformit kirk, maist ample and frie at onytyme befoir the act of annexatioun foirsaid, be the tennour heirof, retreittis, rescindis, reduces, cassis, abrogattis and annullis the foirsaid act of annexatioun of the temporalitie of benefices to the crowne maid in the yeir of God jM vC fourscoir sewin yeiris as said is, in safar as the samyn may in ony sorte comprehend or be extendit to the authoritie, dignitie, prerogatives, privileges, touris, castellis, fortalices, landis, kirkis, teyndis, thriddis or rentis of the saidis bischoprikis or ony pairt thairof, with all utheris actis of parliament maid in prejudice of the saidis bischoppis in the premise, or ony of thame, with all that hes followit or may follow thairupoun, and all actis for dismembring of particular kirkis or commoun kirkis of the saidis bischoprikis frome the samyn, or for separatioun of the thriddis of the saidis bischoprikis frome the bodie, titill and twa pairt of the samyn, to the effect the persones presentlie provydit to the bischoprikis of Scotland or ony of thame, or that sall heireftir be provydit to the samyn, may frelie, quietlie and peciablie injoy, bruik and posses the honouris, digniteis, privileges and prerogatives competent to thame or thair estait sen the reformatioun of that religioun, and all touris, fortalices, landis, kirkis, teyndis, rentis, twa pairt thriddis, patronages and richtis quhatsumevir belanging to the saidis bischoprikis, or ony of thame, and use and exerte the samyn, and frelie dispone upoun the haill twa pairit and thrid temporalitie and spiritualitie of thair saidis bischoprikis and all the premises belonging to the saidis bischoprikis, as the saidis actis of annexatioun and remanent actis maid in onywayes to thair prejudice in the premise, and everie ane of thame and all that followit thairupoun, had nevir bene maid nor done, they allwayes intertenying the ministeris serveing at the cure of the kirkis of thair saidis bischoprikis upoun the reddiest of thair saidis thriddis according to the ordinar assignationis maid or ressonable to be maid thairanent. Attoure, becaus his majesteis intentioun is onlie to restoir the bischoprikis quhilkis ar benefices of cure, and nawayes to alter ony thing done in uther benefices quhilkis ar nocht of cure, and for the better satisfactioun of his majesteis subjectis and faithfull servandis quhome his majestie, in his princelie liberalitie, for diverse gude respectis and causes moveing him, hes beneficit, rewardit and advanceit with erectionis, fewis, patronages, teyndis and utheris infeftmentis, confirmationes of landis, rentis, teyndis, patronages and utheris richtis of abbaceis, prioureis and utheris benefices, nocht being bischoprikis, and to the effect they be nocht prejudgeit nor put in mistrust by this act of thair securitie in the premise, his hienes, with advyse of the haill estaittis of parliament, ratefeis, appreves and for him and his successouris, perpetualie confermes the haill erectionis, infeftmentis, confirmatiounes, patronages, takkis and utheris securiteis of landis, teyndis, patronages, richtis and rentis quhatsumevir of the saidis haill benefices foirsaidis, or ony pairt thairof (nocht being bischoprikis), gewin, disponit or confermit be his majestie during the tyme of the said parliament haldin in the moneth of Julii jM vC fourscoir sewin yeiris, of befoir or sensyne maid agreable to the lawis and actis of the said parliament fourscoir sewin and utheris lawis and actis maid sensyne, and faithfullie promittis in verbo principis nevir to querrell nor impugne the samin, directlie nor indirectlie, in ony tyme cumming. As alsua for the weill and securitie of the tennentis of the landis and teyndis of the saidis bischoprikis, quha since the act of annexatioun hes debursit diverse sowmes of money to his hienes thesaurar for making and confermyng to thame of thair infeftmentis, takkis and securiteis of the saidis landis, teyndis and rentis of the saidis bischoprikis possessit by thame, and to the effect that the annulling of the said act of annexatioun bereiff thame nocht altogidder of the saidis landis, teyndis and rentis of bischopprikis acquirit be thame upoun thair large charges and expenses according to the law than standing, and that upoun the uther pairt the saidis bischoprikis be nocht altogidder maid unproffitable be the unlauchfull dilapidatioun of the rentis thairof and hurtfull conversioun of the victuall, caynis, customes and utheris comoditeis of the samin for unequall and unworthie prices, thairfoir his majestie, with advyse of his estaittis foirsaidis, ordanis the saidis persones possessouris of the landis or teyndis of bischoprikis be vertue of infeftmentis, confirmatiounes or takkis of the samin grantit or sett since the said act of annexatioun and conforme to the samin and lawis of the realme at the tyme of the making thairof, sall have the securiteis, confirmatiounes, takkis and richtis of the saidis landis and teyndis of the bischoprikis foirsaidis renewit and grantit to thame in sufficient, perfyte and valide forme be the bischoppis, possessouris of the saidis benefices, the saidis fewaris, takismen and tennentis payand to the saidis bischoppis for gressum, entres and compositioun for renewing of thair saidis fewis of all landis and utheris belanging to the saidis bischoprikis, and als for ratificatioun of thair saidis takkis of all teyndis pertening thairto, off the quhilkis at the day and date heirof thair is ten yeiris croppis of the samyn to ryn, the doubill of the yeirlie silver duetie contenit in thair saidis fewis and takkis, and the singill of the victuall duetie and of all utheris dueteis expressit thairin, and that by and attoure the yeirlie duetie expressit in thair saidis fewis and takkis, the quhilkis dueteis for gressum, entres and compositioun, the haill estaittis of parliament declairis sall be payit be the saidis fewaris, takkismen and tennentis within yeir and day eftir they be lauchfullie cytit to that effect, and for that samyn cause or eftir that intimatioun of the samyn be maid to thame be the bischoppis in thair awin courtis; and incais of nocht thankfull payment of the doubill of the said silver duetie, and of the singill of the said victuall and utheris dueteis within yeir and day eftir the said citatioun and intimatioun as said is, the saidis estaitis of parliament findis and declairis that the saidis fewaris and takkismen sall be astrictit to pay eftir the expyring of the said yeir and day (thankfull payment nocht being maid within that space of the foirsaidis gressumes, enteres and compositioun extending to the quantitie abonewrittin), the quadruple of the silver duetie and the doubill of the said victuall and utheris dueteis foirsaidis to the saidis bischoppis by and attour the yeirlie dueteis contenit in thair saidis fewis and takkis as said is; and the saidis estaittis declaris that gif thair is nocht ten yeiris compleit to ryn of the saidis takkis of teyndis pertenyng to the kirkis of the saidis bischoprikis eftir the day and date heirof, in that caise the takismen onnawayes sall be astrictit to pay ony gressum, enteres or compositioun for the samyn to the saidis bischoppis, bot they to be frie thairof. Attoure, the saidis estaittis declaris that the said act and ordinance of parliament sall nawayes be extendit, comprehend nor prejudge ony fewis of bischoprikis lauchfullie sett and confermit befoir the said act of annexatioun, quhilk wes in the said moneth of Julii jM vC fourscoir sewin yeiris, exceptand and reserveand alwayes furth of this present act all dispositionis maid of quhatsumevir patronages of the kirkis pertening to the saidis bischoprikis disponit be lauchfull titularis and the kingis majestie, and ratefeit in parliament in favouris of quhatsumevir persone or persones, and nane utheris; and findis and declares all and quhatsumevir dispositionis maid of the foirsaidis patronages of all kirkis pertening to bischoprikis disponit be the lauchfull titularis and his majestie, and nocht confermit in parliament, to be of nane availl, althogh the samyn patronages be grantit and disponit be the kingis majestie and titularis thairof, and lykwayes exceptand and reserveand all commoun kirkis pertening of auld to the saidis bischoppis and thair chaptour in commountie, quhilkis ar disponit be his majestie to quhatsumevir persone at ony tyme preceding the date of this present act. And the saidis estaittis declares that gif thair be ony commoun kirkis pertening to the saidis bischoprikis and to thair chaptour of auld, that now pertenis and fallis to thame be vertew of this present act, that thairby the ministeris quha ar lauchfullie provydit to the saidis commoun kirkis be presentatioun, collatioun and admissioun and serveing thairat sall nawayes be prejudgeit during thair lyfetymes, bot that the saidis provisionis sall be sufficient richt and warrand to the saidis ministeris to bruik, joise and posses thair commoun kirkis foirsaidis according as they ar provydit thairto, for all the dayes of thair lyfetymes, nochtwithstanding of quhatsumevir clause contenit in this present act or ony uther act of parliament that micht mak ony derogatioun to the saidis provisionis, exceptand alwayes and reserveand the castell of Sanctandrois and castell yairdis of the samin, disponit to George, erle of Dunbar upoun the resignatioun of George, archibischop of Sanctandrois, dissolvit and dismemberit fra the said archibischoprik be oure said soverane lord and estaittis, with express consent and assent of the said archibischop, personalie comperand in parliament, quhometo oure said soverane lord in place and recompence of the said castell hes gewin and disponit the provestrie of Kirkhill, vicarage and archidenrie of Sanctandrous, to remane with the said archibischop and his successouris by and attoure ane yeirlie pensioun of thrie hundreth merkis gewin to the said archibischop, sua that the said castell and castell yairdis sall nawayes be comprehendit in this present act, nor yit sall be comptit nor estemit in ony tyme heireftir ony pairt or portioun of the patrimonie of the said archibischoprik, bot sall remane with the said George, erle of Dunbar, his airis and successouris as thair propir heretage, lauchfullie disponit to thame and dissolvit fra the said archibischoprik. And in lykmaner the saidis estaittis declaris that the foirsaid act grantit in favouris of the saidis bischoppis sall nocht be extendit nor prejudiciall to the infeftmentis, richtis and titillis maid to Schir Robert Melvill of Murdocarnie, knycht, his airis and successouris mentionat thairin of the landis of Monymaill and Lethame, with the maner place, yairdis and biggingis of Monymaill and patronage of the kirk of Monymaill pertening of auld to the archibischop of Sanctandrous, and declaris the samyn infeftmentis to stand in the awin strenth nochtwithstanding of this present act, provyding alwayes that the said Schir Robert Melvill and his airis sustene and interteny the ministeris serveing at the said kirk upoun the fruittis of the samin kirk. And, nochtwithstanding of this present act and haill clauses thairin contenit, oure said soverane lord, with advyse foirsaid, haveing considerit the fewaris of the baronie of Glasgow to be mony in number and the povirtie of the maist pairt of thame to be suche as they ar nocht abill to furnesche the ordinary charges for renewing thair infeftmentis, haif dispensit and be this present act dispenses anent the foirsaid clause of renewing of fewis, with samony of the saidis fewaris as have takin thair fewis, without diminutioun of the rentall and conversioun of victuall and utheris dueteis in silver, and quha sall obtene ane ratificatioun frome Johne, now archibischop of Glasgow, of the saidis fewis and richtis befoir the feist of Alhallowmes nixtocum; and declaris the fewis lauchfullie sett as said is to the saidis persones valide and effectuall, thair airis, successouris and assignais alwayes entering be the said archibischop as thair immediat superiour and be his successouris to thair saidis landis, rowmes and possessionis be brevis rasit out of the said archibischoppis chancellarie, preceptis of clare constat, resignationis and confermationis as use is, and payand thair few maillis, fermes, multuris, caynis and utheris dueteis to the said archibischop and his successouris in all tyme heireftir, but prejudice to the lettres of gift and pensionis grantit to the Duke of Lennox, Schir George, Schir James and Schir Archibald Erskynnis pensionis furth of the fruittis of the said archibischoprik of Glasgow, to be bruikit be the said lord duik during the said lord dukis lyfetyme alanerlie.
[1605/6/32]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, perfytlie understanding that the dew punischement inflictit to tratouris and rebellis, and the rewardis richtlie distributit to† faithfull and weill deserveing subjectis incourages the better sorte in weill doing and is ane terrour to the ewill disposit to give withgait to thair inclinatioun; in consideratioun thairof, with advyse and consent of the estaittis of his hienes parliament, ratefeis, appreves and perpetualie confermes the processes, sentences and domes of foirfaltouris led, deducit and pronuncit aganis Francis, sumtyme erle Bothuell, umquhile Johne, sumtyme erle of Gowrie, and umquhile Maister Alexander Ruthven, his brother, thair memorie, togidder with the actis maid anent the inhabilitie of the posteritie of the saidis tratouris, and decernis, declaris, statutis and ordinis that the gratious restitutioun to be gewin be his majestie or ony of his successouris to ony persone or persones alreadie foirfaltit sen his majesteis perfyte age, or quha in ony tyme cumming sall happin lauchfullie to be foirfaltit be his majestie or ony of his successouris, or to thair airis or thair successouris, sall nawayes hurte or prejudge ony of his hienes subjectis in the richt and securitie obtenit, or to be obtenit, be thame or ony of thame of the landis, possessionis, takkis, richtis, gudis or geir pertening to the saidis foirfaltit rebellis and fallin to oure said soverane lord or his successouris be thair rebellioun and foirfaltour, bot that the samin landis, possessionis, takkis, richtis, gudis and geir quhatsumevir fallin to his majestie in maner foirsaid and lauchfullie disponit be his hienes, or heireftir to be disponit be him or his successouris to ony of his or thair faithfull subjectis, sall perpetualie remane with and appertene to the ressaveris of the securitie and dispositioun thairof, nochtwithstanding the said gratious restitutioun to be obtenit be the saidis foirfaltit persounes or thair airis or successouris, quhilk salbe na forder extendit nor have na forder force nor effect bot for the rehabilitatioun of thair persones alanerlie, and nawayes to be extendit to the landis, possessionis, takkis, richtis, gudis or geir pertening to thame befoir thair foirfaltour and lauchfullie disponit to ony of his hienes obedient subjectis at sic tyme as the indoubtit richt thairof stude in his hienes persone, fallin and becum in his majesteis handis be vertue of the said foirfaltour. And becaus the persones foirfaltit, thair bairnis and freindis in prejudice of his hienes donatouris and utheris his majesteis obedient and duetifull subjectis, abstractis and absentis the evidentis, takkis and securiteis of the landis, rowmes and possessionis of the saidis foirfaltit persones, it is thairfoir statute and ordanit that nochtwithstanding the abstracting and absenting be ony persones of the evidentis, takkis and securiteis of the landis and possessionis quhilkis pertenit to ony foirfaltit persones, and quhairof the richtis being ather disponit or confermit be his majestie, the saidis dispositionis or confirmationes ar extant in his hienes register, that the extract thairof furth of the register sall be als gude and sufficient titill and richt to his majesteis donatouris and utheris his obedient and dewtyfull subjectis haveing richt thairto for bruiking and joising the saidis landis and possessionis as gif the principall and originall evidentis, takkis or securiteis wer yit extant, and that the saidis evidentis and securiteis sall nocht be decernit to mak na faith or to be improvin for nocht production of the originall and principall, the saidis extractis or confirmationes being producit be his majestie or his donatouris and utheris foirsaidis, and they being content to abyd at the veritie of the deid and tryell nocht onlie of the treuth of the confirmatioun, bot also at the treuth of the wrytt quhilk is insert in the confirmatioun quhairof the principall is abstractit.
[1605/6/33]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, understanding that in the act maid in his hienes parliament in the yeir of God jM and sex hundreth yeiris, quhairby the slaying of salmond fische in foirbiddin tyme or of kipper smoltis or blak fische at ony tyme wes declarit to be thifte, and the committeris thairof wer ordanit to be punishit for the samyn as for thyfte, the riveris of Tweid and Annand wer than exceptit becaus the saidis riveris at that tyme divydit at mony pairtis the boundis of Scotland and England adjacent unto thame, quhairby the foirberance upoun the Scottis pairt of the slauchter of salmond in foirbiddin tyme and of kipper smoltis and blak fische at all tymes wald nocht have maid salmond ony mair to abound in these watteris gif the lyk ordour had nocht bene than observit upoun the Englische syd, quhilk impediment, throw the infinit mercie of God, being now removeit by the most happie uniting of the empyre of both the kingdomes in the royall persone of his maist excellent majestie, indoubtit and richteous monarche of the samyn, quhairby the inhabitantis of this haill ile ar equaly subject to his sacred persone and lawes, and the remede of thair harmes and redress of thair abuses, punischement of thair transgressionis and estableissing of thair universall weill belangis to his charge; thairfoir our said soverane lord and estaittis of his hienes parliament, cleirlie understanding that the cause of the said exceptioun is now remowed, ratefeis and apprevis the said act of parliament anent the foirbidding of salmond, kipper smoltis and blak fische in maner abonewrittin, and panis of thifte and death decernit aganis the contravenaris thairof, and retreittis and perpetualy annullis and abrogattis the said exceptioun of the saidis watteris of Tweid and Annand, and decernis and ordinis that in all tyme cumming the controvenaris of the said act, or ony pairt thairof in the watteris of Tweid or Annand, or ony pairt of the samin, sall underly the saidis panis of thift and death according to the qualitie, rank and estait of the committeris thairof, and as gif the first act had bene generall and the said exceptioun had nevir bene contened thairin.
[1605/6/34]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament statutis and ordinis that the farmeris of the customes in Scotland do keip ane originall buik of all the gudis that ar enterit and schippit for England, the schippis name, place and maister is name and to quhat porte the schip is bound, and to keip the entreis of everie porte by thame selffis, and everie half yeir the farmeris of Scotland to send ane trew copie of the samyn buikis to the farmeris of England, and the fermeris of England to do the lyk to the fermeris of Scotland, and anis yeirlie lykwayes to send the ane unto the other all the returnis quhilk come frome ather kingdome for discharge of thair bondis, to examine gif they be nocht falsifeit, quhilk being examinat sall be returnit bak agane. Siclyk, it is statute and ordinit that the coquett do pas in the names of the principall awneris of the gudis ladin in everie schip and nocht in poore mennis names scarslie knawin in England. Item, that ordour may be takin that na geir nor merchandice be sufferrit to pas by land frome Scotland into England nor frome England into Scotland by the waist groundis and wasches. It is statute and ordinit that all gudis caryit by land frome Scotland to England or brocht frome England to Scotland may pas onlie by the wayes of Berwick and Carlyle and by no other way, to prevent all fraude, and that all mercheandis do bring a certificate frome the fermeris deputeis of Edinburgh to the farmeris deputeis of Berwick and Carlyle, and also the farmeris deputeis of Berwick and Carlyle to gif the lyk certificate for all gudis passing those wayes for Edinburgh or any uther citie or towne in Scotland, and to keip originall buikis thairof under the pane of warding of the persones of thame quha sall contravene this present act or ony point thairof, and escheitting and confiscatioun of the haill gudis, geir and merchandice quhilkis ony persone or persones sall transporte betuix Scotland and England utherwayes nor is prescryved in this present act.
[1605/6/35]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, understanding that be the act of parliament anent the designatioun of manses and gleibis to ministeris, it is ordinit that thair sall be four akeris of land designat to ilk minister for his gleib nixt adjacent to the kirk; and seing that by the iniquitie of tyme and disordour of the bordouris and hielandis of this realme in tyme bigane,† thair ar sindrie kirkis within the samin quhilkis hes na arrable land adjacent thairto, bot onlie pasturage, sua that be the foirsaid act of parliament maid anent the designatioun of four akeris of land onlie for the gleib of ilk minister and na forder, the ministeris serveing the cure at sic kirkis as hes na arrable land adjacent thairto, bot onlie pasturage, ar greatumlie hurte and defraudit. For remede quhairof, it is statute and ordanit that, in all tyme cumming, thair be designit to the ministeris serveing the cure at sic kirkis quhair thair is na arable land adjacent thairto four sowmes gress for ilk aker of the saidis four akeris of gleib land, extending in the haill to sextene sowmes for the said four akeris, and that of the maist commodious and best pasturage of ony kirklandis lyand nixt adjacent and maist ewest to the saidis kirkis; and ordinis lettres to be direct aganis the possessouris thairof for removeing thairfra in the samyn forme as is appointit be the foirsaid act of parliament maid anent designatioun of manses and gleibis of befoir.
[1605/6/36]*[print] [email] [cite] [preceding] [following]
It is statute and ordanit be oure soverane lord and estaittis in parliament that in tyme cumming in all teynding of cornes, that the samyn be teindit at thrie severall tymes everie yeir gif the awneris of the cornes sall think it expedient, to wit: the croft infeild corne at ane tyme, the beir at ane uther tyme, and the outfeild corne at the thrid tyme; and declaris that fyftene dayes eftir the compleit scheiring of ilk sorte of cornes being outrun, that it sal be lesum to the awneris at the said fyftene dayes end to mak requisitioun upoun sewin dayes to gif thame thankfull teynding, and gif the awneris get nocht thankfull teynding at the expyring of the saidis sewin dayes, the saidis estaittis declaris that it sall be lauchfull to the awneris of the saidis cornes to teynd and stak the samin thameselffis conforme to the act of parliament maid of befoir anent teynding of cornes in all pointis, and sall incurre na danger thairthrow.
[1605/6/37]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, being cairfull that the satled and peciable estait happelie begun in those pairtes of this countrey quhilkis wer the lait bordouris foiranent England may be so manteyned, as all occasionis of disturbans thairof may be providentlie foirsene and convenientlie remedeit, and understanding that nathing is mair hable to bring diverse of the inhabitantis of the saidis lait bordouris to disperat courses and turbulent enterpryses than the rigorous executioun of auld decreittis obteined aganis thame or thair predecessouris tuentie yeiris befoir his majesteis happie successioun to his crowne of England, specialie quhair the saidis decreittis of thair awin nature may bring the danger of the yeirlie violent proffeittis upoun the persones aganis quhome the saidis decreittis wer obtened, and thairby surmounting often tymes thair haill valient, gif they be put to extreme executioun will gif the pairty occasioun of suche dispair as may induce thame to attempt so dangerous remedyes as may disturb the generall quietnes and renew or begin hotte and bloody feedes amongis the pairteis; for remede quhairof, and to the effect suche auld decreittis of ejectioun or removeing as wer obteyned tuentie yeiris befoir his majesteis comming to the crowne of England, and na executioun socht and obteyned thairupoun during the said space of tuentie yeiris preceding his majesteis obtening of the crowne of England, may nocht urge and dryve to dispair and miserie such as have these thrie yeiris bigane conteyned thameselffis in all dewtifull obedience to his majesteis authoritie and lawes, thairfoir, his majestie and estaittis foirsaidis statute and ordane that all suche decreittis of ejectioun and removeing and all effect and executioun that ony way may follow thairupoun sall cease and in tyme cumming be voyde, except for obteyning possessioun to the pairteis in quhais favouris the saidis decreittis wes pronunced of the landis thairin contened and payment to thame of the ordinar proffeittis quhilkis the saidis landis have payit to the persones aganis quhome the saidis decreittis wes gewin of the yeiris since his majesteis going to England alanerlie, and of na utheris yeiris preceding the samyn; with special provisioun that incais the persones aganis quhome the foirsaidis decreittis of removeing or ejectioun wes gewin salhappin heireftir to be lauchfullie denuncit rebellis and put to the horne for nocht obedience of the foirsaidis decreittis, they being first chargeit eftir the day and date heirof be all the charges conteyned in the lettres rasit or to be rasit upoun the saidis decreittis to obey the samin, in that caise the saidis estaittis of parliament declaris that the persones obtenaris of the foirsaidis decreittis sall have sufficient actioun aganis the persones defendaris specefeit in the saidis decreittis for the violent proffeittis of the landis mentionat thairintill continewallie sen the obteyning of the foirsaidis decreittis as accordis of the law, nochtwithstanding of this present act.
[1605/6/38]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament ordinis for the greater forderance and better executioun of justice to all his majesteis lieges, and eschewing of the superfluous and unnecessar charges quhilk they sustene by poinding on decreittis obtenit befoir schireffis, stewartis and baillies, alsweill of royaltie as regalitie, that the lyk lettres and executioun of horning be direct and grantit be the lordis of sessioun upoun all actis, decreittis and sentences of schireffis, stewartis and bailleis, alsweill of royaltie as regalitie, as is grantit and direct upoun decreittis, actis and sentences of provestis and bailleis within burgh conforme to the act of parliament maid thairanent and eftir the forme and tennour of the samyn in all pointis.
[1605/6/39]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament statutis and ordinis that na persone within this realme heireftir sall fie, hyre or conduce ony saltaris, coilyearis or coilberaris without ane sufficient testimoniall of thair maister quhome they last servit, subscryvit with his hand, or at leist sufficient attestatioun of ane ressonable cause of thair removeing maid in presens of ane baillie or magistrat of the pairt quhair they come fra; and incaise ony ressave, fie, hyre, supplie or interteny ony of the saidis colyearis, saltaris or coilberaris without ane sufficient testimonie as said is, the maisteris quhome fra they came, challengeing thair servandis within yeir and day, that the pairtie quhome fra they ar challengeit sall delyver thame bak agane within tuentie four houris under the pane of ane hundreth pundis to be payit to the persones quhome fra they passit, and that for ilk persone and ilk tyme that they or ony of thame salhappin to be challengeit and nocht delyverit as said is; and the saidis coilyearis, coilberaris and saltaris to be estemit, repute and haldin as theiffis and punischit in thair bodyes, viz: samony of thame as sall ressave foirwageis and feis. And the saidis estaittis of this present parliament gevis power and commissioun to all maisteris and awneris of coilheuchis and pannis, to apprehend all vagaboundis and sturdie beggeris to be put to labour.
[1605/6/40]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, haveing consideratioun of the act and statute maid be his hienes predecessour King James the Secund of worthie memorie in the fourtent parliament haldin be his majestie and threscoir tuelf chaptour of the said parliament, anent the setting of landis in fewferme, as the act itself at lenth contenis, under the pretext and collour quhairof diverse persones halding thair landis of utheris superiouris for service of waird and releif hes sett the saidis landis haldin be thame as said is in fewferme to utheris thair subvassellis for payment of ane fewferme duetie, quhairby they do manefast prejudice to thair saidis superiouris in altering of the said first halding express repugnand to the meaning of the said first act, quhairas the said halding can be nawayes alterit be the vassellis without sum direct deid done be thair superiouris, tending to approve the said dispositioun quhilk may alter the nature and conditioun of the said first halding; for remede quhairof, oure soverane lord and estaittis of parliament presentlie convenit hes statute and ordanit, and be the tennour of this present act, statutis and ordinis in all tyme cummyng that it sall nawayes be lesume to the vassellis of ony erle, lord, prelat, baroun or ony uther frie halder within this realme, quha haldis thair landis of thair saidis superiouris be service of waird and releiff, to sett thair saidis landis quhilkis ar haldin be thame as said is to ony other persone in few, for payment of ane fewferme duetie in prejudice of thair saidis over lordis quhome of they hald the saidis landis be service of wairde and releiff as said is, without the speciall advyse and consent of thair said superiour had and obtenit to the setting of the saidis landis in fewferme or purchessing of the saidis superiouris confirmatioun to the said dispositioun gif ony salhappin to be maid as said is. And incais ony sic alienatioun salhappin to be maid in ony tyme to come without consent of the saidis superiouris, or thair confirmatioun obtenit to the samyn, oure said soverane lord and estaittis of parliament findis, decernis and declaris all sic dispositionis to be null and of nane availl, force nor effect ather be way of actioun or exceptioun.
[1605/6/41]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, finding that the laying of lynt in lochis and burnis is nocht onlie verie hurtfull to all fisches bred within the samyn, and bestiall that drinkis thairof, bot also the haill watteris of the saidis lochis and burnis thairby being infectit is maid altogidder unproffitable for the use of man and verie noysum to all the people duelland thairabout; thairfoir, statutis and ordinis that na persone nor persones in tyme cumming lay in lochis and rynnand burnis ony grene lynt under the pane of fourtie schillingis toties quoties for ilk tyme they sall controvene, and als confiscatioun of the lynt, to be applyit to the puire of the parochin within the quhilkis the saidis lochis and burnis lyis, and be the tennour heirof geves power to the sessioun of the kirk of ilk parochin to trye, cognosce and put this present act to executioun, and to uplift the unlawis and to confische and† dispone upoun the said lynt to the weill of the pure of the parochin as said is; and ordinis lettres of publicatioun to pas heirupoun in forme as efferis.
[1605/6/42]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, remembering the great favour schawin and borne be his hienes and his predecessouris to the nobill men, barones and utheris subjectis of this realme and thair predecessouris for thair nochtable and memorable factis and services done to his majestie and his predecessouris in defence and weilfair of the realme in making and granting to thame of heretable infeftmentis of thair landis, baroneis, lordschippis, castellis, touris, fortalices, woddis, mylnis, salmond fischeingis, offices and utheris thairin contenit, haldin of oure said soverane lord and his predecessouris in frie blenche ferme for payment of certane blenche ferme dueteis expressit in thair infeftmentis, nocht as ony burding or yeirlie duetie, bot be way of acknawlegeing and recognoscence, gif the samin dueteis beis requirit alanerlie; and that nochtwithstanding thairof within thir lait and few yeiris the saidis noblemen, barones and utheris oure soverane lordis liegis and subjectis quha haldis thair landis and utheris foirsaidis of oure said soverane lord in frie blenshe ar yeirlie, without ony just cause, burdenit, urgeit and compellit be charges to mak payment in his hienes chekker of certane sowmes of money as for the prices and valour of the saidis blenshe dueteis, thair being na sic sowmes of money nor prices contenit in thair saidis infeftmentis; for remede quhairof oure soverane lord, with advyse of the saidis estaittis, findis, decernis and declaris that the noblemen, barones and utheris liegis and subjectis quha haldis thair landis and utheris foirsaidis of his majestie in blensheferme, ar onlie justlie addebtit in payment of the blenshe dueteis expressit and sett doun in thair infeftmentis gif the samyn be requirit alanerlie, and that they aucht nawayes tobe burdenit, trublit or chargeit for sowmes of money as prices for the saidis blenshe dueteis, and that nochtwithstanding quhatsumevir act or ordinance maid be the lordis of his hienes chekker, or utheris actis or ordinances quhatsumevir of quhatsumevir yeiris bigane or tocum, to the quhilkis this present act sall mak and makis full derogatioun. And thaireftir Schir Thomas Hammyltoun of Monkland, knycht, advocat to oure soverane lord, in presens of the saidis estaittis, protestit in his hienes name that the blenche dueteis and spaces thairof contenit in the foirsaidis infeftmentis be conforme to the kingis majestie and his successouris estaite and dignitie; and thairupoun the said lord advocat askit instrumentis.
[1605/6/43]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament ratefeis and appreves the act maid of befoir be King James the Fyft of gude memorie, quhairby it was statute and ordanit that all seasingis gewin be vertue of ony preceptis direct furth of the chancellarie suld be gewin be the schireffs of the schires, baillie or stewart quhair the landis lyis, thair deputtis and clerk, as in the said act of the date the tent day of December, the yeir of God jM vC fourtie yeiris, at mair lenth is contenit, in all and sindrie pointis, heidis, articlis, clauses and conditionis of the samin safar as the samin extendis, or may be extendit, to seasingis past upoun preceptis direct furth of the chancellarie upoun retouris alanerlie. And the saidis estaittis of parliament decernis and declaris the samin act maid be King James the Fyft of the date abonewrittin to have been onlie maid for sic seasingis as ar gewin be vertue of preceptis that passes upoun retouris and to nane utheris seasingis direct upoun ony uther precept direct furth of the chancellarie.
[1605/6/44]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament ratefeis, apprevis and confermes all actis of parliament and lawes with all fredomes, privileges, immuniteis and liberteis grantit to the burghis regall within this realme be oure soverane lord or ony of his hienes predecessouris at ony tyme of befoir; and decernis and declaris the saidis burrowis and everie ane of thame to have gude richt to bruik thair saidis privileges and liberteis as they wer wount to do of befoir.
[1605/6/45]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament ratefeis and appreves all and quhatsumevir actis maid heirtofoir be his majestie and his hienes progenitouris and the estaittis of the realme for staying of all tumultis and unlauchfull meitingis and convocationis within burgh, and ordinis the samin to have effect and to be put to dew executioun aganis the controvenaris thairof in all pointis, with this additioun: that na persone nor persones within burgh, of quhatsumevir rank, qualitie or conditioun they be of, presume or tak upoun hand fra this furth, under quhatsumevir collour or pretext, to convocat or assemble thame selffis togidder at ony occasioun, except they mak dew intimatioun of the lauchfull causes of thair meittingis to the provest and bailleis of that burgh, and obtene thair licence thairto sua that nathing be done or attemptit be thame in thair saidis meitingis quhilkis may tend to the derogatioun or violatioun of the actis of parliament, lawis and constitutionis maid for the weill and quietnes of the saidis burghis, declaring be thir presentis the saidis unlauchfull meittingis and the persones present thairat to be factious and seditious and all procedingis thairin to be null and of nane availl, and the saidis persones to be punischit in thair bodeis, gudis and geir with all rigour conforme to the lawes of this realme. And to the effect the saidis unlauchfull meitingis, with all utheris tumultis, trublances and pleyis that salhappin to fall out within the saidis burrowes, may be substantiouslie suppressit, ordanis the haill inhabitantis of the saidis burrowes at all occasiones to reddelie assist and concur with the magistratis and officiaris thairof for satling of the saidis tumultis and trublances and punischeing of the authouris and movearis thairof; and sic as sall nocht assist and concur with the saidis magistratis redelie or thair officiaris for redding and satling of the saidis tumultis and trublances as said is, sall be repute and haldin as fosteraris and mantenaris of the saidis tumultis and punischit thairfoir in thair persones and unlawit in thair guidis at the arbitriment of the magistrattis and counsaill of the said burgh; and ordinis publicatioun to be maid heirof at the marcat croces of the saidis burrowes that nane pretendand ignorance thairof.
[1605/6/46]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, haveand ane speciall regaird to the mantenance and uphalding of his hienes castellis, pallaceis and houses as the samin hes bene keipit and mantened thir mony yeiris bigane, decernis and declaris that the haill fruittis and rentis assignit, grantit and disponit for costis and charges of the mantenance and keiping of the saidis castellis, pallaces and houses sall remane with thame in all tyme cumming, nochtwithstanding quhatsumevir act or statute maid in this present parliament, ather speciall or generall, quhilkis may be hurtfull or prejudiciall to the saidis fruittis and rentis assignit to the effect foirsaid in onywayes.
[1605/6/47]*[print] [email] [cite] [preceding] [following]
Forsamekill as the estaittis convenit in this present parliament, upoun gude and weichtie considerationis moveing thame, hes frelie and voluntarlie offerrit and grantit to the kingis maist excellent majestie, oure soverane lord, for releif and payment of his hienes debtis and reparatioun of his majesteis houses, ane taxatioun to be payit, collectit and upliftit in maner and at the four termes following: that is to say, for the barones and friehalderis pairtis of the samyn taxatioun, tuentie schillingis money to be upliftit of everie pund land of auld extent within this realme pertening to erlis, lordis, barones, frehalderis and fewaris of oure soverane lordis propir landis haldin be thame immediatlie of his majestie, and payit at everie ane of the four severall termes eftirspecefeit, that is to say, tuentie schillingis at the first day of Februar nixtocum in the yeir of God jM vjC and sewin yeiris, tuentie schillingis at the first day of Februar in the yeir of God jM vjC and aucht yeiris, tuentie schillingis at the first day of Februar in the yeir of God jM vjC and nyne yeiris, and tuentie schillingis at the first day of Februar in the yeir of God jM vjC and ten yeiris. And for the spirituall men and the burrowis pairt of the same taxatioun that thair sall be upliftit of everie archibischoprik, bischoprik, abbacie, priourie and uther inferiour benefice and of everie frie burgh within this realme at everie ane of the saidis four tymes of payment, the just taxatioun of the samin and as the samin have bene accustomit to be taxat unto in all tymes bigane quhansoevir the temporall landis of this realme wer stentit to tuentie schillingis the poundland of auld extent, and the samyn taxatioun to be payit at everie ane of the four severall termes abonespecefeit. And for inbringing of the barones and friehalderis pairtis of the samin taxatioun and of the fewaris and rentalleris of oure soverane lordis propir landis pairt thairof, it is statute and ordinit that lettres be direct chargeing all and sindrie schireffis, stewartis and bailleis, thair deputtis and clerkis, fewaris, chalmerlanis and ressaveris of oure soverane lordis propir landis, that they and ilkane of thame within the boundis of thair offices raise and uplift the said sowme of tuentie schillingis money of everie pund land of auld extent lyand within the boundis of thair jurisdictionis for everie ane of the four termes payment abonespecefeit, and inbring and delyver the samyn to James Hay of Kingask, his hienes collectour generall appointit for ressaveing of the samyn haill taxatioun, or to his deputtis and officiaris in his name, haveand his power to ressave the samyn at the particular termes abonespecefeit under the pane of rebellioun; and gif they failyie thairin, at the bipassing of everie ane of the samin termes, to denunce and escheat etc., and for thair releif that lettres be direct chargeing all and sindrie erlis, lordis, barones and frie halderis, fewaris and rentalleris of oure soverane lordis propir landis to mak payment to the saidis schireffis, stewartis, bailleis and thair deputtis and clerkis, chalmerlanis and ressaveris of oure soverane lordis propir landis, ilkane of thame for thair awin propir pairtis respective, of the said sowme of tuentie schillingis money for everie pund land of auld extent pertening to thame for everie ane of the saidis four termes payment within tuentie dayes nixt eftir they be chargeit thairto under the pane of rebellioun etc.; and gif they failyie, to denunce and escheat etc., and gif neid beis that the saidis schireffis, bailleis, stewartis, thair deputtis and clerkis, chalmerlanis and ressaveris of oure soverane lordis propir landis poind and distrenye thairfoir as they sall think maist expedient, provyding alwayes that the first termes payment of the samyn taxatioun be evir past befoir the nixt termes payment be chargeit for; and that the saidis erlis, lordis, baronis, frehalderis, fewaris and rentalleris of oure soverane lordis propir landis have lettres for thair releif to charge thair vassellis, subvassellis, ladyis of terce, conjunctfearis and lyferentaris to mak payment of thair pairtis of the samin taxatioun within tuentie dayes eftir the charge under the pane of rebellioun etc., and gif they failyie, to denunce and escheat etc., and gif neid beis to poind and distrenye. And for the spirituall mennis pairt of the samin taxatioun, that lettres be direct chargeing all and sindrie archibischoppis, bischoppis, abbottis, priouris and utheris beneficeit persones contenit in the taxt rollis, thair chalmerlanis, factouris and intrometouris with thair levingis to mak payment of that sowme that they and everie ane of thame ar taxt unto for everie ane of the saidis four termes payment to the said James Hay of Kingask, his majesteis collectour foirsaid, his deputtis and officiaris in his name haveand his power to ressave the samyn, at the particular termes abonespecefeit, under the pane of rebellioun etc., and gif they failye, to denunce and escheat etc., provyding alwayes that the first termes payment of the samin taxatioun be evir past befoir the nixt termes payment be chargeit for. And that the prelattis and beneficit persones for thair releif have lettres chargeing thair vassellis, subvassellis, ladyes of terce, conjunctfearis, lyfrentaris, fewaris, takismen and pensionaris to mak payment of thair pairtis of the samyn taxatioun pro rata within tuentie dayes nixt eftir the charge, under the pane of rebellioun etc., and gif they failyie, to denunce and escheat etc, and gif neid beis to poind and distrenye thairfoir as they sall think maist expedient; alwayes declaring that the productioun of suffcient horningis aganis the saidis fewaris, vassellis, takismen and pensionaris sall be ane releif to the saidis prelattis and beneficeit persones, and sall exoner thame pro tanto fra the payment of the samin taxatioun, provyding that the samin horningis, with thair taxt rollis authentiklie maid and subscryvit be the saidis prelattis and beneficeit persones, and be thair vassellis, takismen and pensionaris, contening the particular sowmes that everie ane of thame ar taxt unto, be delyverit to the collectour of the samin taxatioun within the space of fourtie dayes eftir ilk terme, utherwayes he sall be nawayes oblist to ressave the samyn, nather sall the prelate and beneficeit persones be exonerit be productioun of the samin at ony tyme thaireftir. And forder, that the saidis prelattis and utheris beneficeit persones may have thair releiffis of thair saidis vassellis, subvassellis, ladyis of terce, conjunctfearis, lyferentaris, fewaris, takismen and pensionaris to thair greater ease and less truble to thair saidis vassellis and utheris foirsaidis, and to the effect that everie man proportionalie may pay his pairt of the samyn taxatioun according to the quantitie and availl of the frie rent he hes of his landis, pensionis and teyndscheves pertening to him, alsweill the prelat himself as the fewar, takisman and pensionar, it is thocht expedient, statute and ordanit that the saidis prelaittis sall, everie ane of thame severalie, convene his haill fewaris, vassellis, takismen and pensionaris at sic convenient place as he sall think meitest and cause summond thame personalie or at thair duelling places to that effect, and being convenit the saidis prelattis and beneficeit persones sall schaw to thair vassellis, fewaris, takkismen and pensionaris the quantitie of the said taxatioun imposit upoun thame authentiklie subscryvit be clerk of the samyn taxatioun and they, with ane consent, sall distribute the samyn to be payit be everie man alsweill be the prelat† as be the vassell, fewar, takkisman and pensionar according to the great or small quantitie of his frie rent that he hes ather of his landis, teyndis or pensioun; with certificatioun to ony of the saidis persones, fewaris, vassellis, takismen and pensionaris that comperis nocht at the day appointit to the effect foirsaid, that sic as sall compeir with the said prelat and beneficeit persone sall procede in the equall distributioun of the samin taxatioun, alsweill amongis thame that ar present as amongis the absentis, quhilkis sall be als lauchfull in all respectis as gif the haill number wer convenit. And for inbringing of the burrowes pairt of the samin taxatioun, that lettres be direct chargeing the provest and bailleis of ilk burgh to mak payment of the taxt and stent thairof to the said James Hay of Kingask, his hienes collectour generall foirsaid, his deputtis and officiaris in his name haveand his power to ressave the samin, at the particular termes abonespecefeit, under the pane of rebellioun etc., and gif they failyie, to denunce and escheat etc.; and for thair releif that lettres be direct chargeing all and sindrie inhabitantis within ilk burgh to convene and elect certane persones to stent thair nichbouris, and the said electioun being maid to charge the persones electit to accept the charge upoun thame in setting of the said stent upoun the inhabitantis of ilk burgh, and to convene and sett the samin and mak ane stent roll thairupoun as efferis within tuentie four houris nixt eftir they be chargeit thairto, under the pane of rebellioun etc., and gif they failyie, to denunce and escheat etc.; and siclyk the said stent roll being maid and sett as said is, to charge the burgesses, nichbouris and inhabitantis of ilk burgh to mak payment of thair pairtis of the said stent to the saidis provest and bailleis conforme to the taxt roll to be gewin out thairupoun within thrie dayes nixt eftir the charge, under the pane of rebellioun etc., and gif they failyie, to denunce and escheat etc., and gif neid beis that the saidis provest and bailleis poind and distrenyie thairfoir as they sall think maist expedient. It is alwayes provydit that na persone quhatsumevir be stentit or taxt within burgh except according to the availl and quantitie of his rent, leveing, gudis and geir that he hes within burgh, nawayes respecting his landis and possessionis quhilkis he hes to landward, for the quhilkis he will be oblist to pay taxatioun to utheris officiaris, provyding alwayes that the first termes payment of the samin taxatioun be past befoir the nixt termes payment be chargeit for. Attoure, his hienes and the saidis estaittis decernis and declaris that the chargeis to be gewin for payment of the samin taxatioun sall be execute befoir the termes of payment abonespecefeit for everie termes payment particularlie be itself, and that the denunciatioun of horning following thairupoun sall nocht be execute till the terme of payment be bypast, quhilk denunciatioun sua following upoun the charge gewin befoir the saidis termes of payment the saidis estaittis decernis and declaris to be valide and sufficient. Attoure, his majestie and the saidis estaittis, considering the great abuse that hes bene useit in all tymes bigane be sindrie of the liegis of this realme, aganis all gude conscience, in causing thair puir fermoraris and laubourraris of thair ground, being removeable, quha ar subject in verie deir fermes, paying to releif thame of the haill burding of the samin taxatioun, quhilk hes bene the occasioun of the impoverisching of ane great number of the saidis pure lauborraris and fermoraris and bringing of thame to utter wrak and ruyne, quhair as of reassoun the saidis tennentis suld be altogidder frie of the payment of ony taxatioun and the samin suld be payit be sic as hes frie rentis, landis and gudis of thair awin; for remede quhairof, it is statute and ordinit that na persoun quhatsumevir exact or compell his tennentis or fermoraris removeable quha payis him ferme for his landis occupyit be thame to pay ony pairt of this present taxatioun or to sute releif of the samyn at thair handis; and gif the samin beis fundin done be ony persones that they sall be callit and convenit thairfoir befoir his hienes justice and his deputtis as violent and maisterfull oppressouris of his hienes subjectis and punischit thairfoir according to justice.
[1605/6/48]*[print] [email] [cite] [preceding] [following]
Forsamekle as the haill estaittis of this present parliament nocht onlie seis bot, to thair infinite conforte, by daylie experience, feillis the monyfauld blessingis redounding to thame frome thair maist gratious soverane, the sinceritie of quhose intentionis, richteousnes and wisdome in his actionis and zeall to religioun and justice haveing procurit to his hienes the indoubtit favour of God and man, hes thairwith also bred to this his native kingdome so perfyte peax and universall prosperitie that nather the experience of the present, nor memorie of ony bipast age, is able to recorde ony preceding exampill quhairby ather the ordinar traffique and repair of people hes bene so frielie and commodiouslie dispersit to sa mony sofar distant nationes (quhilkis heirtofoir being onlie knawin to ws by name, ar now for the reverence and lowe borne be all people to oure most renowned king sa favorable patent to all oure commerce as no people is more universallie acceptable and weilcum to all nationis), or that the bowellis and haill boundis of this kingdome wer evir so happelie purged of violence, enormitie and disordour, and so universallie blessed with peace, justice and Christiane policie as by the exceding cair, provydent directioun and great charges of his maist excellent majestie is now establissit, so that we want na pairt of our wisched erthlie felicitie bot the desyrit presence of his most sacrede majestie, quhilk to oure unspeakable comforte his hienes hes bene pleasit by his wyse, humane and most kind letter direct to the estaittis gratiouslie to promeis maist willinglie to remeid by his assured repair to this cuntrey so sone as the necessar impedimentis thairof can be removed. In consideratioun of quhilk so mony so great benefittis, the saidis estaittis trewlie acknawleging how justlie they ar bundin to gif maist hartie and continuall thankis and praise to God, the authour of the same, and to thair sacred soverane, his blessed instrument thairof, and ferventlie to beseik God long to continew his foirsaidis graces with thame and thair most gratious soverane long and happelie to regne over thame. And thairwith also being most willing according to thair bundin duetie to mak effectuall demonstratioun of thair most gratefull myndis to his excellent majestie and to indevoir thame selfis so to remove all impedimentis and ernestlie to advance all meanis and occasionis of his majesteis resorte to this cuntrey as may beir witnes to the world how thankfullie and dewtefullie they acknawlege and foirsie the infinite commoditie and contentment quhilk indowtlie they sall ressave be the same, albeit they be nocht abill to offer or performe that quhilk in ony degrie approches to the large proportioun of his royall bounty and favour to thame, yit hopeing that his majestie in his wounted gudnes will gratiouslie accept of thair most faithfull affectionis, and in his princelie wisdome consider that they now onlie present thair first fruittis of that satled and peceable estait, quhilk being recentlie establessit by his majesteis favour and providence will, with tyme, incresce thair welth and abilitie and mak it mair neirlie to approche nor at this tyme it can, to the full measure of thair most hartlie affectionis, everie way to gratifie and serve his majestie; thairfoir, in most humble maner, the saidis haill estaittis of this realme ernestlie beseik his maist sacred majestie gratiouslie to accept this thair offer of ane taxatioun, quhilk, with most faithfull hairtis as ane plege and arlis of thair most loyall service, humble obedience and unchangeable affectioun, they offer to his majestie to be imposit, collectit and payit to his hienes be the saidis estaittis in maner and at the four termes following: that is to say, the erlis, lordis and commissionaris of schires for the temporall estaite hes grantit that thair sall be upliftit of everie pund land of auld extent within this realme pertening to erlis, lordis, barounes, frehalderis and fewaris of his majesteis propir landis the sowme of tuentie schillingis money at everie ane of the four termes following, viz: the sowme of tuentie schillingis at the first day of Februar nixtocum in the yeir of God jM vjC and sewin yeiris, the sowme of uther tuentie schillingis at the first day of Februar the yeir of God jM vjC and aucht yeiris, the sowme of uther tuentie schillingis at the first day of Februar jM vjC and nyne yeiris, and the sowme of uther tuentie schillingis at the first day of Februar jM vjC and ten yeiris. The archibischoppis and abbottis for the spirituall estait hes grantit that thair sall be upliftit of all the archibischoprikis, bischoprikis, abbaceis, prioureis and utheris inferiour benefices within this realme, at everie ane of the four termes abonespecefeit, the just taxatioun thairof, and as they have bene accustomat to be taxit unto at all the tymes bigane quhansoevir the temporall landis of this realme wer stentit to tuentie schillingis the pund land of auld extent, and the samin taxatioun to be payit at everie ane of the four severall termes abonespecefeit. And the commissionaris of burrowes for thair estait hes grantit that thair sall be upliftit of all burrowes within this realme at everie ane of the four termes abonewrittin, the just taxatioun thairof and as they have bene accustomit to be taxit unto in all tymes bigane quhansoevir the temporall landis of this realme wer stentit to tuentie schillingis the pund of auld extent, and the same taxatioun to be payit at everie ane of the four severall termes abonementionat. And inregaird that his majestie hes erectit sindrie prelaceis in temporall lordschippis, quhairby the awneris thairof may clame to be taxt with the barounes of the temporall estait, and thairthrow his hienes will be defraudit of a great pairt of the samin taxatioun, thairfoir it is statute and ordinit that all erectionis of prelaceis in temporall lordschippis sall in payment of the said taxatioun pay to the collectouris thairof samekill of the samin taxatioun pro rata as gif they wer nawayes erectit and as they wer subject to do befoir the erectioun of the same. And siclyk it is statute and ordanit that all dissolvit benefices within this realme sall be subject in payment of samekill of the samin taxatioun pro rata as they wald have bene subject to pay sua the samin had nocht bene dissolved. And forder the saidis estaittis annullis and discharges all privileges and immuniteis quhatsumevir quhairby ony persones may think thame selffis frie of payment of this present taxatioun (except alanerlie the privileges grantit to the senatouris and memberis of the college of justice).
[1605/6/49]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, remembering the long, faithfull, proffitable and most acceptable services done to his hienes be his richt trustie weilbelovit cousing and familiar counsaillour George, erle of Dunbar, lord Home of Berwick, cheif thesaurar of Scotland, chancellar of the escheker in England, quha, frome his tender youth haveing dedicate his bodie, mynd and haill lyfe to his majesteis service, saiftie and honourable contentment, hes sensyne so constantlie perseverit in that honorable intentioun that in the yeiris of his majesteis minoritie, quhan the distractit factionis of his nobilitie and subjectis of all rankis within the kingdome of Scotland nocht onlie trublit his royall estait, bot verie oft indangerit his most sacred persone, he keythit than so cairfull and waitchefull servitour that, rejecting the pleasures quhairwith men of that age ar usualie delytit, gif nocht overcum, and fixing his heart, eeis and solicitude upoun the espying, discovering and remedeing of his majesteis dangeris, procurit to himself sic hatrent of his majesteis rebellious subjectis, that they cumming to his majesteis presens with sic forces as culd nocht for the tyme be resistit be the small number of his hienes faithfull servandis being than in his grace companie, they resolvit nocht to suffer him quhais treuth they knew to be unchangeable frome his maister to remane ony langer in his grace companie, bot forceit him to reteir and depairt fra court quhair his enemeis, haveing the passages of his retreitt on all handis unbesett for na uther querrell bot his fidelitie to his prince and maister, he hardlie escapit the danger of death; and sua sone as his majestie had libertie to mak choise of his awin servandis, the said George being than callit bak be his majestie to his former place of service, he thairin continewit so faithfullie and cairfullie that nocht onlie within the realme of Scotland, bot als in the foraine pairtis of Norway and Denmark, he gaif sic pruif and satisfactioun to his majestie be the exceding great and monyfauld effectis of his wisdome, secrecie and diligence in materis of cheif moment heichlie concerning his grace honour and contentment, that being thairby thocht daylie moir worthie of imploymentis of greater honour and trust, his sufficiencie provit alwayes capable of moir weichtie charges so that thaireftir, nocht onlie in peciable and quiet tymes, bot also in the trublis aryssing by the rebellioun of Bothuell and utheris, he persevering alwayes constant in his faithfull duetie, they no sonner awovit and utterit thair dissobedience to his majestie, bot thairwith also professing deadlie fead and hatrent to his said trustie counsaillour, his death wes ane of the cheif buttis of thair craift and malice, quhairfra being preservit be the providence of God for his hienes better use, alsweill in the administratioun of the office of thesaurie of the said kingdome, quhan his majesteis great debt and charges forceit utheris officiaris to renunce the burding and cure thairof, and in† handling of the greatest and weichtiest affairis of that kingdome, as in the secrete dealing, intelligence and concurrence by counsaill and actioun with those quha wer most willing and habill to prepair the lauchfull and necessar menis of his majesteis happie and peciable attening to the possessioun of his richteous inheretance and kingdome of the crowne of England. In consideratioun of thois and mony utheris, his most singular, proffitable and worthie services done in effect to his majestie sen his passing to England, to the hurte of his bodie, decay of his health and great danger of his lyffe, his hienes being resoluit nevir to leaf the faithfull demeritis of his long approvit servandis unrememberit or unrewairdit, thairfoir, with mature deliberatioun, consent, decrete and approbatioun of the haill estaittis of his majesteis kingdome of Scotland convenit in parliament, upoun exact tryall, cleir probatioun and be thair manifast, notorious and recent knawlege of all the premisses, acknawlegeing, finding and declaring the samin to be great, worthie and acceptable services effectuallie continewit fra tyme to tyme, and to be great, sene and ressonable causes tending to the evident weill of his majesteis persone, crowne and estait, his subjectis and successouris of the said realme, for the quhilk cause, his majestie, with consent of parliament, may dispone the landis, richt of patronages and utheris particularlie eftirspecefeit in maner of halding and for the yeirlie dueteis underwrittin, ordanis ane chartour to be maid under his hienes great seall in the mair forme gevand, grantand and heretablie disponand, lyk as be the tennour heirof, upoun certane knawlege and frie motive eftir all his hienes revocationis, generall and speciall, and eftir lauchfull dissolutioun maid in parliament, with consent of his hienes comptroller, collectour generall and thesaurar of the new augmentationis, and remanent officiaris of estait and Schir Johne Arnochte of Berwik, knycht, his grace thesaurar depute, in place of the said erle, being now thesaurar principall himself, gevis, grantis, heretablie disponis and perpetualie confermis to his said richt trustie and† weilbelovit cousing and familiar counsaillour George, erle of Dunbar, lord Home of Beruick etc., his airis and assignais, all and haill the landis and baronie of Greinlaw Reidpeth, comprehending the landis and baronie of Grenlaw, toure, manerplace, houses, commoun mures, mylnis, multuris, annexis, connexis, advocatioun, donatioun and richt of patronage of the personage and vicarage of the paroch kirk of the parochin of Greinlaw; the landis of Brumehill and Blaissinbraid with all thair pertinentis; the landis of Grenlawdene with the myln thairof, mylnlandis, manerplace and astrict multuris of quhatsoevir landis useit and wont to grind thair cornes at the said myln; the landis of Polkehauch and Blassinbraid, alias Blassinberrie; the landis of tennendry Eist Field, Quhytsyd, Markis Worth, Clay Dub and all thair pertinentis; the kirklandis of Greinlaw, all and haill the burgh and towne of Grenelaw, with all privileges and liberteis thairof contenit in the said erle, his former infeftment of the samin; the landis of Horsley with the haill teyndis thairof includit; the landis of Grenewod with the teyndis thairof includit; and the landis of Deringtoun with the teyndis includit, all lyand within the schirrefdome of Berwick unitit and incorporat of befoir in the said baronie of Grenlaw Reidpeth; all and haill the tennendrie of Crumstane, comprehending the landis and ground quhairone the castell of Dunbar is situat, the foirthis, castell steid and haill precinct thairof, with houses, yairdis and peices of land useit and wont to pertene to the said castell; the landis and boundis of the great loch of Dunbar; the landis of Broumepairk with medowes and horsewardis; the lynkis and cunnynger of Eist Bairnis and all pertinentis belanging of auld to the lordschip and baronie of Dunbar; alsua all and haill the landis of Rewlismaynis, Sampsones Wallis, Crumestane with the myln thairof, the landis and akeris besyd and within the towne of Duns with the cottages thairof, the landis of Newtoun Quhitsum, twa husband landis in Hiltoun and landis callit Prestoun Waris, with all thair pairtis, pendiclis, annexis, connexis, dependencis and pertinentis, lyand in the said schirefdome of Berwick, togidder with advocatioun, donatioun and richt of patronage of the benefices and chaplanries following, viz: the denrie of Dunbar, including the personage and vicarage of the parochin of Quhittingem, the archiprestrie or vicarage of Dunbar, including all the kirklandis and teyndis useit and wont of all and haill the parochin of Dunbar, the prebendarie of Duns, including personage and vicarage of the haill parochin of Duns, the prebendarie of Chirnesyd, including personage and vicarage of the haill parochin of Chirnesyde, the prebendareis, chanonreis or personages of Dunbar, Pincartoun, Beltoun and Pitcokis, the chaplanreis callit the Faull Preistis and all utheris chaplanreis fundit of auld within the college annexit thairto, with the commones or commountie teyndis depending upoun the yeirlie fruittis and commoditeis of the foirsaidis as proper pertinentis of the samyn, all unitit and incorporat in the foirsaid tennendrie of Crumstane. And forder, oure soverane lord, with advyse, consent, approbatioun and decrete abonewrittin, gevis, grantis and disponis to the said George, erle of Dunbar and his foirsaidis all and haill the landis, towne and baronie of Fowlden, with tour, fortalice, manerplace, yairdis, mylnis, mylnlandis, multuris, tennentis, tenandreis, service of frie tennentis, pairtis, pendiclis, dependences and all thair pertinentis, with the richt of patronage, advocatioun, donatioun of the personage and vicarage of the kirk of Fowlden; as alsua all and haill the landis, towne and baronie of Edingtoun, with fortalice, manerplace, houses, orchardis, yairdis, the maynis, mylnis, mylnlandis, multuris and pertinentis thairof, comprehending alsua the landis of Clarebald, Reidheuch, ane housband land in the towne and territorie of Hutton, ane husband land in the towne and maynis of Duns, with tennentis, tenandreis, service of frie tennentis and all thair pertinentis unitit and incorporatit in the foirsaid baronie of Ethingtoun, all lyand in the said schirefdome of Beruick; and als all and haill the heretable office of the keiping, captanrie and constabularie of the castell of Sanctandrouse, houses, yairdis thairof, with privileges, liberteis and pertinentis thairof quhatsumevir useit and wont, lyand in the citie of Sanctandrous within the schirefdome of Fyf, with power to the said erle and his airis to mak, creat and constitute capitanes, keiparis and all utheris officiaris necessar for the custodie of the said castell, togidder with the yeirlie feall of sextene chalderis victuall, half quheat, half beir, gude and sufficient stuf yeirlie to be upliftit at the termes of payment useit and wont furth of the reddiest fermes and rentis of the landis of West Barnis, Rig and Fluris, lyand in the lordschip of Dunbar within the schirefdome of Edinburgh and constabularie of Hadingtoun; quhilkis haill landis, baroneis, castellis, townis, mylnis and utheris particularlie afoirmentionat pertenit heretablie of befoir to the said George, erle of Dunbar, with the richt of the patronage of the benefices abonewrittin haldin be him immediatlie of oure soverane lord, and quhilkis wer purelie and simpliciter resignit be him and his procutouris in his name at Quhythall in his majesteis handis, with all richt, titill etc; lyk as the said castell of Sanctandrous wes resignit frelie at Quhythall be George, now archibischope of Sanctandrous, his procutouris and patent lettres in his grace handis with all richt, titill etc. Attoure, oure soverane lord, in consideratioun and remembrance of the faithfull services abone rehersit, beand great, sene and wechtie cause of the preservatioun and weill of his majesteis royall persone, crowne and estait, evident commoditie of his successouris and lieges of the said realme, with mature delyverance, advyse and decrete of the saidis haill estaittis of parliament as said is, and alsua with consent of his hienes comptroller, collectour generall, thesaurar of the new augmentationis and remanent officiaris of estait and Schir Johne Arnochte, thesaurar depute, in place of the said erle, now cheif thesaurar, hes of new gevin, grantit in fewferme, lattin, heretablie disponit and confermit for evir, lyk as be the tennour of this chartour gevis, grantis and in fewferme lattis, heretablie disponis and perpetualie confermis to his said trustie cousing and weilbelovit counsaillour George, erle of Dunbar, his airis and assignais, all and haill the foirsaidis landis and baronie of Grenelaw Reidpeth, containing the saidis landis and baronie of Grenelaw, tour, manerplace, houses, commoun mures, mylnis, multuris, annexis, connexis and richt of patronage of the personage and vicarage of the said parochin of Grenlaw, the landis of Broumhill and Blassinbraid with all thair pertinentis, the landis of Grenelawdene with the myln thairof, and astrict multuris abonespecefeit; the landis of Polkehauch and Blassinbraid, alias Blassinberrie, tennendrie Eistfeild, Quhytesyd, Merkis Worth, Cleidene and all thair pertinentis; the kirklandis of Grenelaw; all and haill burgh and towne of Grenelaw with all privileges thairof; the landis of Horsley, Grenewod and Deringtoun, with the haill teyndis of the samin includit as said is; all and haill the said tennendries of Crumstane contening the landis, ground, foirth, precinct and castell steid of the castell of Dunbar, with all thair pertinentis; the landis and boundis of the great loch, Broumepark, medowes and horswairdes; the cunnynger and lynx of Eist Bairnis, with dowcat and all thair pertinentis; the saidis landis of Rewlismaynis, Sampsoniswallis, Crumstane and myln thairof; the landis and akeris besyd and within the said towne of Duns with the cottages thairof; the haill towne and landis of Newtoun Quhytsum, with tenentis and tenendreis thairof; twa husband landis in Hiltoun and Prestoun Wairis, with all pairtis, pendiclis and pertinentis thairof, with advocacatioun, donatioun and richt of patronage of the denrie of Dunbar; the archiprestrie of Dunbar; the chanonreis and prebendareis of Duns, Chirnesyd, Dunbar, Pynkertoun, Spott, Beltoun and Pitcokis; the chaplanreis callit the Saullpristis, and all utheris chaplanreis foundit or annexit of auld to the said college of Dunbar, togidder with the prebendarie of the parochin of Lyntoun, including personage and vicarage thairof annexit and foundit of auld within the samin college kirk of Dunbar, with the saidis commonis and commountie teyndis pertening and depending upoun the yeirlie rentis of the saidis kirkis as propir pertinentis of the samyn; and siclyk all and haill the landis of Lochend, with medowes and pertinentis thairof; the haill towne and landis of Mekill and Litill Pynkertownes, Quhytrig and burgh, with tennent, tennendreis and all thair pertinentis pertening to oure soverane lord, being partis of his hienes annexit propirtie and patrimonie of the crowne; all and haill the saidis landis, towne and baronie of Fouldene, with mylnis, mylnlandis, annexis, connexis and all thair pertinentis with the richt of the patronage of the personage and vicarage of the said paroch kirk of Fouldene; all and haill the saidis landis, towne and baronie of Edingtoun, with the maynis, mylnis and the speciall landis abonewrittin, unitit and annexit thairto of befoir with thair pertinentis; the said heretable office of capitanrie and custodie of the said castell of Sanctandrous with the said yeirlie feall of sextene chalderis quheat and beir to be upliftit in maner abonespecefeit; and finalie, all and haill the landis and maynis of Fastcastell or Wester Lummisden, Dowlaw, Dudoholme, alias Cauldsyd, Auldtoun, Newtoun, with the myln, multouris, fischeingis and haill teyndis thairof includit with the castell and manerplace of Fastcastell and all thair pertinentis; all and haill the landis of Flemingtoun callit the Natherayton, Reidhall, Natherbyre, Brounisland and Gunisgrene with the corne and walkmylnis, mylnlandis, multuris, pairtis, pendiclis and all thair pertinentis with the haill teyndis thairof includit, the landis of Fernysyd and teyndis thairof includit; all and haill the landis of Lamertoun with mylnis, pairtis, pendiclis and pertinentis thairof, with the haill teyndis of the same includit, all lyand haill within the baronie of Coldinghame and schirefdome of Berwick, vacand now and become in his majesteis handis at his gift, donatioun and dispositioun be vertue of actis of annexatioun of the temporalitie and kirklandis of the priourie of Coldinghame to the crowne be actis of parliament haldin in the yeiris of God 1587 or 1592, or be quhatsumevir utheris actis and constitutionis of the said kingdome of Scotland quhairby the saidis kirklandis of Fastcastell, Flemyngtoun, Fernysyd and Lamertoun, or teyndis thairof, ar fallin and pertenis onywayes to his hienes be quhatsumevir richt, titill and occasioun bigane. Mairover, oure soverane lord, of certane knawlege, with advyse, consent, decrete and approbatioun of parliament abonewrittin, geves, grantis and disponis to the said George, erle of Dunbar and his foirsaidis, all richt, titill, interes, clame of rycht, petitionour and possessour, baith propirtie and possessioun, quhilk his majestie, his predecessouris and successouris evir had, hes or onywayes may have, clame and pretend to all and sindrie the foirsaidis landis, townes, baroneis, castellis, mylnis, woddis, fischeingis, teyndis, tennentis, tenandreis, richt of patronage of all benefices, personages, vicarages, chanonreis, prebendareis, chaplanreis and all uther afoir descryvit with all thair pertinentis, or till ony pairt or portioun of the samin maillis, fermes, rentis, proffeittis and dueteis of quhatsumevir yeiris and termes bipast, be ressone of waird, releif, nonentress, escheatis, foirfaltouris, recognitionis, purpresturis, disclamationis, bastardreis, reductionis of infeftmentis, seasingis, retouris, alienatioun of the haill or maist pairt, or be vertue of quhatsumevir actis of parliament, lawes and constitutionis of the realmes for wanting of originall and utheris evidentis, infeftmentis and securiteis or nocht confirmatioun in dew tyme, or for nocht payment of the byrun maillis, fewfermes and dueteis, diminutioun of the rentall, or be alienatioun, alteratioun and changeing of the haldingis, nocht obtening the present titularis consentis to this infeftment of donatioun of the saidis benefices, or be ony utheris lawes, actis, proclamationis and constitutionis of this realme, or for ony utheris caussis, actionis and occasiones bipast, preceding the day and date heirof, renunceand, quitclameand and transferand the samin with all actioun and instance thairof to and in favouris of the said erle and his airis for evir, cum pacto de non petendo etc., with supplement of all faultis etc., promesing in the word of a prince for his majestie and his successouris nevir to move, actioun, questioun nor pley aganis thame thairanent. And also his majestie, of certane knawlege and frie motive, upoun his royall authoritie and princelie power, with consent and decrete of parliament, unitis, annexis, erectis, creatis and be the said chartour for evir incorporatis all and sindrie the foirsaidis landis, townes and baroneis of Grenelaw Reidpeth, Fouldene, Ithingtoun, Pyncartounes, Lochend, Fastcastell, Flemyngtoun, Fernysyd, Lamertioun, the tenendrie of Crumstane, the castell of Sanctandrois, with the fie thairof, utheris castellis, manerplaces, landis, maynis, mylnis, mylnlandis, multuris, fischingis, medowis, loches, lynkis and all thair pertinentis and thair teyndis includit, togidder with the richtis of patronages of all personages, vicarages, chanonreis, prebendareis, chaplanreis and utheris quhatsoevir, generalie and specialie abonerehersit, with all thair pertinentis, tennentis, tennendreis, pendiclis and dependences, in ane haill and frie erldome, lordschip of parliament and frie baronie, to be callit in all tyme cumming the erldome, lordschip, baronie of Dunbar; and that ane seasing now to be tane be the said erle and be his airis heireftir at the auld manour of Fouldene sall stand and be sufficient for all and sindrie the foirnameit landis, baroneis, townes, castellis, mylnis, fischeingis, annexis, connexis, pairtis and pendiclis, with the teyndis thairof includit, advocatioun, donatioun and richtis of patronages of the foirsaidis kirkis, prebendareis and utheris respective abone expremit, nochtwithstanding the samin lyis nocht togidder, nor contigue, bot in severall pairtis and schirefdomes, als frelie, amplie and largelie in all respectis, comoditeis, liberteis and privileges quhatsovir as ony erle, lord of parliament and baroun haldis his landis, erldome, lordschip and baronie of his majestie within ony his kingdomes and dominionis; and specialie annexis the richt of advocatioun, donatioun and patronage of all the particular benefices afoirmentionat to the said haill landis and erldome of Dunbar, and to everie pairt and portioun thairof annexit thairto per expressum as is befoir declarit to be haldin and to be had, all and haill the foirsaidis landis, townis and baroneis of Grenlaw Reidpeth, Fouldene, Idingtoun, Pincartounes, Lochend, Fastcastell, Flemyngtoun, Fernysyd, Lamertoun, the tennendrie of Crumstane, the castell of Sanctandrous with the feall thairof, utheris castellis, manerplaces, maynis, mylnis, mylnlandis, multuris, fischeingis, medowes, loches, lynx, tennendis, tennendreis and teyndis thairof includit, with the richtis of patronages of all personages, vicarages, chanonreis, prebendareis, benefices, chaplanreis and utheris quhatsoevir, specialie and generalie abone expremit, togidder with all privileges, fredomes and commoditeis belanging and appertening thairto, now unitit, annexat and incorporat in ane erldome, lordschip and baronie as said is, to the said George, erle of Dunbar, his airis and assignais, off oure said soverane lord and his successouris in frie heretage, frie erldome, lordschip of parliament and frie baronie for evir, be all richtis, meithis, merches etc., coill, coilheuchis etc., frie ische and entrie with fork, sok, sak, thole, theme, infang theif, outfang theif, pitt and gallows, tennentis, tenandreis, service of frie tennentis, hillis, valleis, feildis, frie forrestis, vert and venisoun escheatis and amerciamentis of courtis, aggreable to the lawis of forrest, wrak, wair waith and all utheris liberteis, fredomes, privileges, commoditeis etc., with full power to the said erle, his airis and assignais to reduce all and sindrie infeftmentis, richtis and titillis maid to quhatsumevir persones of the foirsaid erldome, landis and patronages thairin contenit or ony pairt thairof, for ony cause, ground or occasioun competent of the law, and to dispone thairupoun at thair plesure. And oure soverane lord, be thir presentis, with advyse of the saidis estaittis of parliament, dissolvis the saidis landis of Pynkertounes, Lochend and utheris within the lordschip of Dunbar and patronage of all the benefices and utheris foundit to the said college thairof, with the saidis landis of Fastcastell, Flemyngtoun, Fernysyd and Lamertoun, and teyndis of the samyn and annexatioun thairof, fra the patrimonie of the crowne in all tyme cumming, as the samin had nevir bene annexit, to the effect this his grace infeftment of the foirsaidis landis and patronages may be effectuall and stand perpetualie valide to the said erle, his airis and assignais, gevand yeirlie the said George, erle of Dunbar, his airis and assignais to his majestie and his successouris for the saidis landis and auld baronie of Grenlaw Reidpeth, towre, fortalice, mylnis, commoun mures, and for the saidis landis of Broumehill and Blassinbraid with thair pertinentis, ane reid rose at the castell of Grenlaw in the feist of Sanct Johne the Baptistes birth day in name of blenche ferme, gif it be askit, onlie; and for the richt of patronage of the said personage and vicarage of Grenelaw, ane quheat rose at the said castell the samin feist day in name of blenche ferme, gif it be requirit, onlie; for the saidis landis of Rulismaynis, Sampsoneswallis, Crumstane, with the myln thairof, the landis and akeris in Duns, the haill towne and landis of Newtoun Quhytsum, the twa landis in Hiltoun and Prestounwaris, with the said richt of patronage of the benefices, chanonreis, prebendareis, chaplanreis, commounteis and utheris annexit and foundit within the said college kirk of Dunbar, tuelf penneis Scottis money on Witsonday at Crumstane in name of blenche ferme, gif they be requirit, onlie; for the saidis landis, townis and baroneis of Fouldene and Idingtoun, annexis, connexis and all thair pertinentis, with the richt of patronage of the said kirk of Fouldene, twa quheyt roises, ane at the said castell of Fouldene and ane uther at the said castell of Idingtoun in the feist of Sanct Johne the Baptist in name of blenche ferme, gif they be requirit, allanerlie; and for the said office of keiping of the said castell of Sanctandrouse, with the yeirlie feall abonewrittin, ane quhyte rose, with dew service in administratioun of the office of captanrie and constabularie of the said castell, at Witsonday in name of blenche ferme, gif it be askit, onlie; payand also the said erle and his foirsaidis to oure soverane lord, his successouris and comptrolleris for the tyme for the saidis landis of Grenelawdene, manerplace, myln thairof, multuris, the saidis landis of Polkhauch, Blassinbraid, alias Blassinberrie, the landis of tenendrie of Eist Field, Quhytsyd, Mark Worth and Claydub, with all thair pertinentis, and for the said towne and burgh of Grenlaw, houses, buldingis, yairdis, killis, barnis, toftis, croftis, privileges and liberteis of the samin, the sowme of fourtie sex pundis vij s. vj d. usuale money of Scotland, with four schillingis sex pennies in augmentatioun of the rentall, extending in the haill to fourtie sewin pundis Scottis money at Witsonday and Mertymes be equall portiones in name of fewferme alanerlie, and doubling the said fewdeutie at the entrie of ilk air as use is; and for the saidis landis, forthes and castell steid of Dunbar, houses, barnis, yairdis, great loch, medowes and thair pertinentis, thrie pundis Scottis money at the saidis twa usuale termes, and doubling the samin at the entrie of ilk air in name of fewferme; for the saidis towne and landis of Mekill and Litill Pynkertounes, Burt and Quhytrig with thair pertinentis, fyftie pundis Scottis money at the saidis twa termes of Witsonday and Mertymes, with ten schillingis of augmentatioun in name of fewferme, and doubling the samin at the entrie of ilk air; and for the saidis landis of Lochend with thair pertinentis, the sowme of fyftie thrie pundis vj s aucht pennies Scottis money at Witsonday and Mertymes in name of fewferme alanerlie; and for the saidis landis of Brumepark and Horswardis, twa chalderis aittis with the measure useit and wont and ane peck aittis of augmentatioun of the yeirlie rentall; for the saidis lynx of Eistbarnis, auchtscoir cupillis of cunynges, as auld duetie accustomit thairfoir, with fyve schillingis Scottis in augmentatioun of the yeirlie rentall at the termes of payment of fermes and cunyngis useit and wont in name of fewferme alanerlie; payand lykwayes the said erle and his foirsaidis to oure soverane lord and his successouris, thair thesauraris of the new augmentatioun and utheris haveing richt for the tyme for the saidis kirklandis of Grenlaw, thrie pundis fourtene schillingis Scottis money; and for the saidis landis of Horsley with the teyndis includit, tuentie tua pundis; for the saidis landis of Grenewod and teyndis thairof includit, fyftie schillingis; for the saidis landis of Daringtoun and teyndis includit, ten schillingis usuale money foirsaid; finalie, for the saidis landis of Fastcastell, with all thair pertinentis and teyndis of the samin includit, for the saidis landis of Flemyngtoun, with mylnis and all thair pertinentis and teyndis thairof includit, and for the landis of Fernysyde, with thair teyndis includit, the sowme of threscoir pundis Scottis money; and for the saidis landis of Lamertoun with mylnis, pendiclis and pertinentis thairof, with teyndis includit, the sowme of fourtie pundis usuale money of Scotland at the saidis tua termes in the yeir, Witsonday and Mertymes in winter, be equall portionis in name of fewferme alanerlie; for all utheris dueteis, burdingis, questionis, taxes, taxationis clames and warding services quhatsumevir that may be askit or requirit off all and sindrie the saidis townes, landis, baroneis, castellis, mylnis, fischeingis, teyndis, annexis, connexis, richt of patronages and utheris quhatsumevir abone particularlie mentionat, comprehendit in the said unitit erldome, lordschip and baronie of Dunbar, or furth of ony pairt and portioun of the samin in all tymes cumming. Mairover, his majestie and estaittis foirsaidis statutis, decernis and declairis that the rentall and yeirlie duetie abonewrittin of the haill landis particularlie befoir mentionat, sett doun and appointit to be payit be the said George, erle of Dunbar and his foirsaidis, alsweill haldin of auld of his majestie and his predecessouris immediatlie or being of his majesteis auld propirtie as now pertening to the crowne be generall or speciall actis of annexatioun of temporall landis thairto, to his majestie and his successouris, thair saidis officeris, chalmerlanes and utheris haveing richt for the tyme to ressave the same for all and sindrie the landis, baroneis, offices, mylnis, fischeingis, teyndis, castellis, kirkis and patronages afoir specialie descryveit, to have bene and to be the just, greatest, best and maist profitable rentall quhilk evir the foirnameit landis, baroneis, offices, kirkis, teyndis and patronages abone rehersit payit to his majestie and his predecessouris, and that the payment of the said rentall and yeirlie dueteis in tyme cumming is, and sall be, ane sufficient rentall, and sall defend and releif the said Erle of Dunbar and his foirsaidis of all actioun, clame, questioun and danger that may be pretendit upoun diminutioun of ony former greater rentall allegeit payit thairfoir to his majestie or his grace predecessouris in ony tyme bigane; lyk as his majestie, for him and his successouris, with advyse, consent and deliberatioun of the estaittis, with certane knawlege and of thair frie motive, renunces and simpliciter discharges all actioun, instance, richt and persute quhilkis they evir had, hes or may haif aganis thame for allegeit diminutioun of the rentall or utherwayes. Finalie, to the effect that the said Erle of Dunbar and his foirsaidis may with the mair perfyte securitie injoy and posses in all tyme cumming all and sindrie the patronages of the kirkis, benefices, prebendareis and chaplanreis abonementionat, thairfoir his majestie, with advyse and consent of the saidis estaitis, hes desolvit and be the tennour heirof expreslie desolvis the unioun and annexatioun of the patronages and advocatioun of all and sindrie the saidis kirkis, prebendareis, chaplanreis and commounteis, with thair pertinentis, pertening of auld to the college, kirk, baronie and lordschip of Dunbar, and utheris kirkis, benefices and patronages thairof particularlie abonerehersit frome his majesteis crowne to the effect the samin may be disponit heretablie and effectualie be his majestie, with advyse foirsaid, to the said erle and his foirsaidis in maner abonewrittin; lyk as be the tennour heirof oure soverane lord, with advyse and deliberatioun of the estaittis foirsaidis and utheris officeris, disponis to the said George, erle of Dunbar all and sindrie the saidis patronages of the kirkis, benefices, chaplanreis, prebendareis and commounteis with all thair pertinentis pertening to the said college and lordschip of Dunbar and all utheris kirkis, benefices and patronageis thairof particularlie abonewrittin, quhilk heretable dispositioun his majestie and estaittis foirsaidis declaris to be now and in all tyme cumming als valide, effectuall and sufficient to the said erle and his airis as gif the saidis kirkis and patronages thairof had nevir bene annexit to his majesteis crowne. Attoure, oure soverane lord and estaittis foirsaidis, with express consent and assent of George, archibischop of Sanctandrous, personalie comperand in parliament, considering how necessar it is to keip, uphald and interteny the castell of Sanctandrous, presentlie altogidder ruynous, nocht onlie for the decorement and weill of the cuntrey, bot also for preserveing of the samin frome forenaris, and that the archibischop of Sanctandrous, inrespect of the great diminutioun of the rent thairof is nocht abill to build, repair and uphald the samin, and that it is necessar that the said castell be in the custodie and keiping of ane nobleman of rank and friendschip quha is hable to build, repair and uphald the said castell and resist the force and violence of forineris, for that effect his majestie disponit the said castell and castellyairdis to the said George, erle of Dunbar upoun the resignatioun of George, archibischop of Sanctandrous, to quhome oure said soverane lord hes gewin and disponit in recompanse of the said castell and castellyairdis the provestrie of Kirkhill, vicarage and archidenrie of Sanctandrous, to remane with the said archibischop and his successouris in recompence as said is, and that by and attour ane yeirlie pensioun of thrie hundreth merkis gewin to the said George, archibischop of Sanctandrous thairfoir; and for the said George, erle of Dunbar, his better securitie, oure said soverane lord and estaittis foirsaidis, with express consent and assent of the said George, archibischop, personalie comperand in parliament as said is, dissolvis and dismemberis the said castell and castellyairdis frome the said archibischoprik in all tymes cumming, to the effect that the heretable richt and custodie of the samin may remane with the said George, erle of Dunbar, his airis and successouris in all tymes cumming, nochtwithstanding the samin of auld [pertenit]† to the said archibischoprik and nochtwithstanding of quhatsumevir provisionis, actis, statutis and ordinances maid in favouris of the said archibischop ather in this present parliament or at ony tyme of befoir. And oure said soverane lord and estaitis foirsaidis decernis and declaris that thir presentis sall be ane sufficient warrand to the keparis of his hienes signet, seallis and registris to expede the foirsaid chartour and infeftment to the said Erle of Dunbar of the foirsaidis haill landis, patronages and utheris abonewrittin conforme to the tennour of this present act in all pointis.
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The quhilk day, in presens of the haill estaittis of parliament, comperit personalie Schir Thomas Hammyltoun of Monkland, knycht, advocat to oure soverane lord, in his hienes name producit this acquittance, exoneratioun and discharge underwrittin, maid and grantit be his hienes to his trustie and weilbelovit counsaillour George, erle of Dunbar, lord Berwick, thesaurar to his majestie of this realme, and be vertue of the command gewin to the said lord advocat specefeit thairintill desyrit the samin to be ratefeit and approvin be the saidis estaittis and to be registrat in the buikis of parliament, to have the strenth, force and effect of ane act, sentence and decrete of the parliament of Scotland in all tyme cumming; the quhilk desyre the saidis estaittis thocht ressonable and hes ratefeit and approvin, lykas be the tennour of this present act, ratefeis and appreves the said acquittance, exoneratioun and discharge grantit be his hienes in favouris of the said Lord of Dunbar in the haill pointis, articlis and clauses thairof eftir the forme and tennour of the samin, berand and contenand as is underwrittin, and decernis and ordinis the samin acquittance, exoneratioun and discharge to be actit and registrat in the saidis buikis of parliament, to have the strenth, force and effect of ane act, sentence and decrete of the said parliament of Scotland, in all tyme cumming to remane thairin ad futuram rei memoriam, off the quhilk the tennour followes: James R[ex]. Forsamekill as upoun the long and assured pruif of the faithfull diligence, cair and discretioun of oure richt trustie and weilbelovit cousing and counsaillour the Erle of Dunbar, maister of oure gardrobe in Scotland, we have justlie judged him worthie of greater truste and imployment in offices and services of hier credit and importance, quhairin him self considering that the weiknes and infirmitie of his bodie culd nocht permitt him sufficientlie to discharge the burding of the saidis offices, nochtwithstanding his exceding willingnes and uttermost endevores thairanent, he thairfoir humblie requesting ws gratiouslie to accept in gude pairt his maist willing dimissioun of the said office of maister of gardrobe to the effect that we, making choice of sum of oure faithfull and approvit servandes, quha be thair health, age and greater leasure micht give ws satisfactioun in the faithfull discharge of the samin, oure service suld nocht in ony sorte be dissapointit in his defaulte; quhairby acknawlegeing that he preferrit the weill of oure service to ane gude pairt of his awin commoditie and credite and haveing at his desyre, upoun the ressonable considerationis foirsaidis, acceptit his dimissioun and thairupoun provydit oure trustie and weilbelovit servitour Schir James Hay, knycht, gentilman of oure bedchalmer, to the office of maister of oure robbis, to quhome, according to the charge of his office, the said Erle of Dunbar hes at oure speciall directioun and command delyverit the particular jowellis, robbis and apparrell specefeit in the said Schir James Hay his ticket of ressait of the samin. And becaus the said Erle of Dunbar hes maid particular delyverie of the jowellis eftirspecefeit, quhairof pairt ar layit in the toure and sum uther pairt ar contenit in the said Schir James Hay, his nochte of ressait: they are to say, the jewell callit the H, with the chane thairof and als with the rubie of the samyn. Item, ane jowell of gold with lettres J. A. R., crowned, joyned togidder in a knochtte with a crowne over thame, fullie furnessit with diamondis of sindrie cuttis and bignes with thrie round perlis pendant. Item, ane great ring of gold enameled sett with fyve diamondis with hand in hand in the middis, callit the espousall ring of Denmark. Item, ane cape band of gold contening tuentie thrie pieces, tuelf with tua pearlis in a pece, sex with lettres garneschit with diamondis and fyve with cinques of diamondis. Item, ane croce of gold sett with fyve diamondis; quhilkis, being the jowellis of most importance and valew that wer brocht furth of that oure kingdome with us, and nocht onlie they, but all utheris oure jowellis, precious stones, pearlis, goldsmith wark and utheris quhatsumevir quhilkis come in the said George, erle of Dunbar, his handis and keiping at ony tyme bigane, being all delyverit be him furth of his handis be oure speciall directioun and command, thairfoir we, for ws, oure airis, executouris and successouris, exoneris, quitclames, frelie simpliciter and perpetualie discharges the said Erle of Dunbar, his airis, executouris and assignais of all and sindrie oure jowellis particularlie abonerehersit for now and evir; and by these presentis, faithfullie promittis in the word of a prince to cause thir presentis be ratefeit, confermit and approvin be the estaittis of oure kingdome of Scotland in the nixt ensewing sessioun of parliament thairof, to quhome this oure present directioun and command sall be ane sufficient warrand for ratificatioun of the haill premisses, commanding heirby oure trustie and weilbelovit counsaillour Schir Thomas Hammyltoun of Monkland, knycht, oure advocat, to compeir in presens of oure commissionar and estaitis of oure said parliament of Scotland, and thair in oure name to present and delyver this oure discharge, to be ratefeit by oure saidis estaittis and to be registrat in the register of oure parliament, to have the strenth, force and effect of ane act, sentence and decrete thairof in all tyme cumming. In witnes quhairof we have signit thir presentis with oure hand at Whythall, the aucht day of Aprile, the yeir of God jM vjC and sex yeiris.
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Oure soverane lord, being of intentioun nocht onlie to mantene the honour, prerogative and majestie of his crowne of this his native kingdome of Scotland, bot also to repair and redress sic thingis as ar done to the harme and prejudice of the samin, to the effect that quhan it sall pleis God to gif his majestie and his royall successouris occasioun to resorte to his said kingdome, the dignitie and ancient markis of soveranitie thairof may be so inviolablie observit as may best stand with his majesteis honour, the reputatioun of the cuntrey and deserve gude reporte and estimatioun amongis strangeris; and understanding that his maist nobill progenitouris of happie memorie, King James the Fourt following the commendable example of utheris civill and vertuous princis, foundit ane chapell royall constitute of ane sufficient number of persones for serveing his majestie and his successouris in musique, and mortefeit, doted and disponit to the said chapell royall and memberis thairof diverse kirkis and rentis for thair leving and intertenement, quhairof the fundatioun is now sa fer neglectit as thair is nather ony sufficient number of qualefeit persones appointit for service thairin, nather is the kirkis rentis and revenus thairof keipit in thair awin integritie according to the fundationis, mortificationis, dispositionis, richtis and securiteis maid to the said chapell royall and memberis of the samin thairanent, bot be the contrair the saidis landis, kirkis, teyndis, patronages, proffeittis and rentis ar annaleit, dismemberit, diminischit and sa mony wayes enormelie hurte that his majestie and his successouris sall nocht at thair cumming to this cuntrey almaist find ony recorde or apperance of the said fundatioun or ony monument of that royall institutioun, the inlak quhairof will breid dirogatioun to the honour of the realme, quhilk onlie among all the Christiane kingdomes will be the meane vant that civill and commendable provisioun of ordinar musick for recreatioun and honour of thair princis; for remede quhairof, and to the effect that be his majesteis exampill the subjectis of the said kingdome may be the forder encouraged to interteny thair fundationis of musick scholis, quhairby youth may be instructit in that liberall science quhilk quicknes the ingyne, gevis plesant and harmeles recreatioun to all estaitis and estaittis of persones, and is ane haly exercise agreable to the religioun and commandit of God for geving of thankis and praise to his holie majestie, oure soverane lord, with advyse and consent of his haill estaittis of this present parliament, ratefeis and appreves the said fundatioun and institutioun of the foirsaid chapell royall, insafar as concernis†the service of his majestie and his successouris in musick and all utheris thingis nocht repugnand to the trew religioun presentlie professit and be the law establissit within this realme, and all landis, kirkis, teyndis, rentis and commoditeis quhatsumevir mortefeit, gevin and disponit to the samin or to ony of the memberis thairof, and becaus it is knawin that nather the said service can be done unles the persones appointit for the samin have thair competent intertenement and auld leving, nather can thair levingis be obtenit gif the patronage of thair benefice be takin frome his majestie and the rentis thairof frome the said chapell and memberis of the samin; thairfoir, his majestie and estaittis foirsaidis retreittis, rescindis, cassis and annullis all alienationis and dispositionis of landis, kirkis and patronages of the kirkis and benefices belanging or quhilkis heirtofoir onywayes belangit to the said chapell royall and patrimonie thairof and memberes of the samin, and all dispositionis, takkis, rentallis, pensionis and utheris richtis, titillis and securiteis quhatsumevir of the landis, kirkis, teyndis, fruittis, rentis, dueteis and commoditeis thairof, annaleit, disponit, gewin or sett to quhatsumevir persone in hurte and prejudice of his hienes patronage of the said chappell royall, or in diminutioun of the best and greatest rentall thairof; and decernis the indoubtit and full richt of the saidis haill patronages of all and sindrie kirkis, quhilkis in onytyme bigane wer dotit or annexit to the said chappell, sall now and in all tyme cumming belang and pertene to oure said soverane lord and his successouris, and that the maisteris and memberis of the said chappell royall alreadie establissit, or heireftir to be provydit or establissit be oure soverane lord and his successouris, to have indoubtit richt to the haill landis, kirkis, teyndis, rentis, proffeittis, dueteis or commoditeis quhilk in ony tyme bigane belangit or appertenit to the said chapell royall and memberis thairof; and lykwayes decernis and ordanis that the nullitie of the saidis alienationis, dispositionis and securiteis of the saidis patronage or thair landis, kirkis, richtis and rentis maid to thair prejudice to ony uther persone in maner foirsaid be ressavit be way of exceptioun or reply without ony necessitie of actioun, persute or reductioun of the samin, and that the samin sall nocht, nor may nocht in ony tyme cumming, be lauchfullie possedit bot be the ordinar memberis alanerlie of the said chapell royall, being astrictit to serve his majestie and his successouris in musick and utheris godlie and lauchfull exerceis agreabill to the fundatioun and nocht repugnant to the trew religioun presentlie professit within this realme, nochtwithstanding ony richt, titill or dispositioun thairof gevin or ratefeit in parliament or utherwayes in contrair the premissis in ony tyme bigane, quhilkis his majestie and estaittis foirsaidis declaris to have bene fra the beginning and to be in all tyme cumming null and of nane availl, with all that hes followit or may follow thairupoun, as gif the samin had nevir bene grantit nor maid, exceptand alwayes and reserveand the advocatioun, donatioun and richt of patronage of the kirkis of the said chapell royall quhilkis wer disponit of befoir to George, erle of Dunbar, or ar disponit to him in this present parliament, sua that the saidis kirkis, fruittis, rentis, proffeittis, dueteis and emolumentis of the samin, the advocatioun, donatioun and richt of patronage thairof, sall nawayes be comprehendit in this present act, bot sall remane with the said George, erle of Dunbar, his airis and successouris as thair heretable patronages, as gif this present act had nevir bene maid, and nochtwithstanding the samin and all utheris actis and statutis maid of befoir and in this present parliament frome the quhilkis the saidis patronages is and sall be exceptit; and als exceptand and reserveand furth of this present act and haill contentis thairof the takkis of the teyndis of the kirk of Sanctmarie Lowis and pendiclis thairof, set to Walter, lord Scott of Balcleugh, and all the takkis sett to him of all utheris teyndis of quhatsumevir kirkis pertening to the said chapell royall.
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Oure soverane lord and estaittis of parliament, considering that thair is sindrie benefices pertening of auld to abbottis, priouris and nunnes erectit to sindrie persones in this present parliament be his hienes, with advyse of the saidis estaittis, in lordschippis and baroneis, and alsua that the patronages of the kirkis pertening to the saidis abbaceis, prioureis and nunreis ar gewin and annexit to the samin lordschippis and baroneis to the foirsaidis persones, as alsua that thair ar sindrie utheris patronages of benefices gevin and disponit be his hienes, with advyse foirsaid, in this present parliament to sindrie particular persones, and oure said soverane lord and estaittis foirsaidis, being maist willing that thair be ane yeirlie duetie contenit in everie ane of the saidis erectionis quhilk sall be payit yeirlie to his hienes and his successouris, as alsua being willing that the ministeris serveing or that heireftir sall serve at the kirkis of everie parsonage or vicarage quhairof the patronage is now disponit in this present parliament to quhatsumevir persone ather in thair erectionis or utherwayes be provydit of sufficient stipendis, and that the haill kirkis be plantit with sufficient ministeris to serve the cure at ilk kirk, sua mony of thame as ar alreadie unplantit, thairfoir, and that the premises may be performit, oure soverane lord and estaittis foirsaidis hes gewin and grantit, and be this present act, geves and grantis full power and commissioun to Johne, erle of Montrose, great commissionar, Alexander, erle of Dunfermeling, chancellar of this realme, Alexander, erle of Linlythgw, George, erle of Dunbar, thesaurer, David, lord of Scone, comptroller, Mark, lord Newbuttill, Maister Johne Prestoun of Pennycuk, collectour generall, Schir Thomas Hammyltoun of Monkland, knycht, advocat, Schir Johne Cokburne of Ormestoun, knycht, justice clerk, Schir Richard Cokburne of Clerkingtoun, knycht, lord privie seall, and Schir Johne Skene of Curryhill, knycht, clerk of register, (or ony sex of thame, the said lord commissionar being alwayes ane of thame) to modefie, decerne and declair the yeirlie duetie to be contenit in everie ane of the saidis erectionis, to be payit yeirlie to oure said soverane lord and to his hienes successouris, and the samin duetie to be insert be the clerk of register and his deputtis in everie act of erectioun grantit in this present parliament. And the saidis estaitis declaris that the yeirlie dueteis to be modefeit, decernit and declarit be the saidis persones in maner foirsaid be vertue of this present commissioun sall be alsua valide, effectuall and sufficient in the self as gif the samin yeirlie dueteis had bene modefeit, decernit and declarit be the saidis haill estaittis and had presentlie bene insert and contenit in everie ane of thair erectionis. And siclyk oure said soverane lord and estaittis foirsaidis hes gevin and grantit, lykas be the tennour of this present act, geves and grantis full power and commissioun to the said Johne, erle of Montrose, great commissioner, the said Alexander, erle of Dunfermeling, chancellar, Johne, erle of Wigtoun, lord Fleming, George, archibischop of Sanctandrous, Johne, bischop of Glasgow, David, bischop of Ross, James, bischop of Orknay, Schir Robert Melvill of Murdocarny, knycht, eldar, Maister Johne Prestoun of Pennycuk, collectour generall, Schir Thomas Hammyltoun of Monkland, knycht, advocat, Schir Johne Cokburne of Ormestoun, knycht, justice clerk, Maister Patrik Galloway, Maister James Nicolsoun, Maister Andro Lamb (or ony aucht of thame, the said lord commissionar or the said lord chancellar being alwayes ane), to modefie, decerne and declair to everie minister serveing or that heireftir sall serve, at everie kirk, the cure, thair yeirlie stipendis in all tymes cumming, by thair manses and gleib of all thair kirkis quhairof the patronages ar disponit be oure said soverane lord in this present parliament in the erectionis of temporall lordschippis and baroneis, or utherwayes quhatsumevir, to the effect that the haill kirkis baith alreadie plantit and as yit unplantit may be provydit to sufficient stipendis in all tyme cumming, and that everie kirk may be provydit to ane minister to serve the cure at ilk kirk, and that they have sufficient and competent stipendis provydit to everie ane of thame to serve the cure in all tyme cumming as said is. And oure said soverane lord and estaittis foirsaidis discharges the clerk of register and his deputtis of all buiking and extracting of ony actis of the saidis erectionis or ony uther act of this present parliament quhairin patronages of benefices ar disponit, and alsua discharges the keiparis of the registeris and seallis to exped ony of thair said infeftmentis unto the tyme that oure said soverane lordis yeirlie duetie, and the ministeris sufficient and competent stipendis, be first modefeit, decernit and declarit be the persones foirsaidis conforme to the tennour of this present act of commissioun in all pointis.
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Forsamekle as the kingis majestie, for inlargeing the boundis of the park of Falkland, caused the fewaris of the towne of Casche renunce the ane half of thair landis to the effect the samyn micht be imparkit with the said Falkland Park, and his majestie, in recompense of thair lose, dischargeit unto thame heireftir in all tyme cumming all fewferme duetie or quhatsumevir uther thing addebtit be thame for the remnant of thair landis nocht imparkit bot remaning still in thair possessioun; thairfoir oure soverane lord and estaittis of this present parliament convenit ratefeis and appreves the said recompanse gevin to these tennentis and fewaris of Casche for thair lose of the imparking of thair saidis landis, and declaris that everie ane of the saidis tennentis in all tyme heireftir, thair airis and successouris, sall bruik and injoy that remnant of thair landis left unto thame in frie blenche for payment of ane penny, gif it be requirit, and ordinis his majesteis thesaurar and utheris officiaris to ressave or exchange tennentis of the saidis landis in that samin forme of blenche halding, quhilk sall be sufficient and valide richt and securitie to the saidis tennentis, nochtwithstanding that the saidis landis hes bene formerllie of the propirtie and set in fewferme for payment of ane duetie thairfoir, and that the samin blenche infeftmentis grantit to the saidis tennentis sall be alsua valiable to the saidis tennentis as gif the samin wer of na pairt of his majesteis annexit propirtie.
[1605/6/54]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament presentlie convenit, considering that the setting of the landis of the annexit propirtie in fewferme for payment of the auld rentall with augmentatioun is greatlie to his majesteis benefite and proffeitt, his hienes rentall thairby being maid sure, unchangeable, unalterable and nawayes hable to be disponit and annaleit, hes thairfoir dissolvit and be the tennour of this present act of parliament dissolvis frome the act of the annexatioun of the landis of the erledome of Gowrie and lordschip of Ruthven,† [the haill landis perteining or belanging to the said earledome of Gowrie and lordschip of Ruthven],† and in speciall the landis and lordschip of Huntingtour and the landis of Strathbrawne; and to the effect that the samin haill landis (except sic as ar heireftir particularlie enumerated) may be in fewferme lattin and heretablie disponit for payment of the auld duetie with augmentatioun of the rentall, and that the said act be extendit in ample forme with all clauses neidfull, it is alwayes declarit that the landis underwrittin: they ar to say, the landis of Cowgask, with the teyndschaves thairof, with mylnis, multuris, woddis, fischeingis, pairtis, pendiclis and pertinentis of the samim, the landis of Peill, Lethame, Eister Heichame, Goodlieburne, Hoill of Huntingtour, the landis of Halyland, Few and Wester Heichame, with the pertinentis of the same, being all of the said lordschip of Huntingtour, sall be dissolvit to the effect the samyn may be sett in blenche ferme (for payment of ane penny) to Johne, erle of Montrois etc., and that for mony great, ressonable and sene caussis mentionat in ane particular warrand maid for dissolutioun of the saidis landis.
[1605/6/55]*[print] [email] [cite] [preceding] [following]
Forsamekle as oure soverane lord hes movit be his princelie directioun George, archibischop of Sanctandrous to quit and renunce the fewmaillis of Lethame, with the patronage of the kirk of Monymaill, in favouris of his hienes trustie servand and counsaillour Schir Robert Melvill of Murdocarnie, knycht, quhairby the said archibischoprik is deteriorat and prejudgeit, thairfoir his hienes, with advyse of the estaittis of this present parliament, in pairt of recompense and satisfactioun of the saidis fewmaillis and kirk of Monymaill dissolvit as said is, hes gevin, grantit and disponit and be the tennour heirof gevis, grantis and disponis and perpetualie mortifeis in favouris of the said George, archibischop of Sanctandrous, for all the dayes of his lyfetyme, and to his successouris ad perpetuam remanentiam, all and haill the personage and vicarage of Kynnell, the personage and vicarage of Logy Montroise, the personage and vicarage of Idwy and the personage and vicarage of Kynnetillis, all lyand within the schirefdome of Forfar and diocie of Sanctandrous, to be incorporatit and perpetualie unitit as ane propir and substantiall pairt of the patrimonie of the said archibischoprik, with frie, plane power to the said George and his successouris to sett, dispone, intromettwith and uptak the haill rentis, fruittis and emolumentis, manses, gleibis and kirklandis of the saidis personages and vicarages, als frelie in all respectis as ony persone or vicar of the saidis kirkis micht have done at ony tyme frome the beginning, reserveand alwayes to the present ministeris, titularis of the saidis benefices, and to the fewaris, tennentis and takismen thairof, thair haill richtis, titillis, provisionis, presentationis, assedationis for lang or schort takkis, fewis, confirmationes and all and sindrie richtis or securiteis maid to thame be oure soverane lord or be the titulares of the saidis benefices in ony tyme bigane insofar as they may stand and indure according to the present lawes and constitutionis, haveing force and authoritie in this realme at this present, provyding alsua that the said archibischop and his successouris sall provyde sufficient mantenance and stipend to the ministeris that sall serve the cure of the saidis kirkis sasone as it salhappin the saidis kirkis or ony of thame to fall in to the patrimonie of the said archibischoprik be the death, dimissioun or deprivatioun of the present titulares or ony uther lauchfull cause. And siclyk oure said soverane lord, with advyse of the saidis estaittis, ratifeis, appreves and confermis that gift and provisioun maid and grantit be oure said soverane lord, with advyse of his hienes ordinar officiaris, to the said archibischop of all and haill ten chalderis and aucht bollis victuall to be payit furth of the priourie of Sanctandrous to the said archibischop yeirlie for his service in the ministrie at the paroch kirk of Sanctandrous during all the dayes of his lyfetyme, conforme to the said gift and lettres conforme grantit thairupoun, quhairof the said archibischop hes bene in possessioun thir diverse yeiris bigane, quhilk gift is of the date at Roistoun, the sewint day of December, the yeir of God jM sex hundreth and four yeiris, and eftir the forme and tennour of the samyn in all pointis.
[1605/6/56]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, considering that the inhabitantis of the north and south sydis of the watter and brig of Leith within the regalitie and baronie of Brochtoun hantit and maid repair of auld to thair paroch kirk of Halyrudhous, to preaching prayeris and to the celebratioun of the sacramentis, verie far distant frome thair habitationis, sua that it wes nocht habill for the maist part of thame to repair to thair said parochkirk of Halyrudhous at all tymes, being ageit and seiklie persones, quhairfoir the saidis inhabitantis of the north and south sydis of the said watter and brig of Leyth, upoun thair awin expenses and charges, hes biggit to thameselffis ane kirk upoun the north syd of the brig of Leith, and hes had ministeris serveing the cure thairat and ministring to thame the sacramentis thir tuentie yeiris bigane with the mair, lyk as they have presentlie ane minister serveing the cure thairof, they being ane thowsand communicantis quha cummis and hantis to the samin kirk, duelling within the said regalitie of Brochtoun; thairfoir oure said soverane lord and estaittis foirsaidis creatis and erectis the said kirk in ane paroch kirk to the saidis inhabitantis of the north and south pairtis of the said watter of Leith, to be callit in all tyme cumming the paroche kirk of Leyth benorth the brig, and geves and grantis to the samin paroch kirk and to the haill inhabitantis thairof all privileges, fredomes, liberteis and immuniteis belanging to ony paroch kirk within this kingdome, and dismemberis the samin in all tyme cumming frome the said parochin of Halyrudhous.
[1605/6/57]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, considering that the paroch kirk of Ellon within the diocie of Aberdene is sua great and large ane parochin being, fourtene scoir of plewes or thairby, sua that the maist pairt of the parochineris within the said parochin may nocht commodiouslie resorte to the said paroche kirk of Ellon, as the inhabitantis of Nather Lisk pertening to the Erle of Erroll, Ovir Lisk, Belschampsie and Auchtmad pertening to the laird of Lisk, and Knapeisleisk pertening to the laird of Collistoun, they being sua far distant frome the said kirk of Ellone; for remede quhairof and for the saidis persones better ease, oure said soverane lord and estaittis foirsaidis annexis and incorporatis the foirsaidis speciall landis, lyand of auld within the said parochin of Ellon, to the paroch kirk of Slaynis in all tyme cumming, and dismemberis the foirsaidis haill speciall townis and everie ane of thame frome the said kirk of Ellone in all tyme cumming. And forder, the saidis estaittis declaris that nochtwithstanding of the premisses that the teyndis of the foirsaidis particular landis sall remane with the persones of Ellon, and that they, nor the patrone of the said kirk of Ellon, sall nawayes be astrictit to pay the minister of Slaynis ony pairt of his stipend althocht the foirsaidis peculiar townis be annexit to the said parochin of Slaynis.
[1605/6/58]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, considering that the inhabitantis of Prestoun and Prestounpannis, sumtyme within the parochin of Tranent, at the leist haveing the benefite of the kirk thair, can nocht resorte to the said kirk of Tranent seing the samin kirk may nocht contene the foirsaidis inhabitantis of Prestoun and Prestounpannis, they being ane great number of persones and daylie incresces ma and ma; as alsua that the said kirk of Tranent is sa far distant frome the saidis inhabitantis of Prestoun and Prestounpannis, and that thair is be the lauborres, paynis and expenses of umquhile Maister Johne Davidsoun, minister, ane sufficient kirk buldit with ane manse to ane minister in Prestounpannis; and siclyk considering that thair is ane gleib provydit to the said kirk be George Hammyltoun of Prestoun of his awin propir heritage, as alsua that the said umquhile Maister Johne Davidsoun hes foundit in Prestounpannis ane schole for teiching of Latine, Grek and Hebrew towngis and language, and for instructing of youth in vertue and learning, and that he hes dotit to the samin his heretage and all his moveable and frie gudis for ane perpetuall stipend to the maisteris at the said schole; thairfoir the saidis estaite creattis and erectis the said kirk buildit in Prestounpannis in ane paroche kirk, to be callit now, and in all tyme cumming, the paroch kirk of Prestoun, and dismemberis the samin frome the said paroch kirk of Tranent and all utheris parochines; and geves and grantis to the said paroch kirk of Prestoun all privileges, liberteis, fredomes and immuniteis belanging to ony paroch kirk within this kingdome, and als ratefeis and appreves the erectioun and fundatioun of the said schole for teaching of the saidis Latine, Greik and Hebrew towngis and languages, and for instructing of youth in vertew and learning, foundit and erectit be the said umquhile Maister Johne Davidsoun, and all and quhatsumevir infeftmentis, giftis, donationis and mortificationis and all landis, rentis and leving gevin and dotit be the said laird of Prestoun and the said umquhile Maister Johne Davidsoun to the ministeris serveing the cure at the said kirk, and to the maister of the said schole and to thair successouris, with the supplement of all faultis and defectionis of the samin fundationis and richtis maid be the saidis laird of Prestoun and Maister Johne Davidsoun eftir the forme and tennour thairof, the quhilk generalitie the estaittis declaris to be als sufficient as gif the saidis fundationis, mortificationis and richtis wer heirin word be word contenit.
[1605/6/59]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, understanding the parochin of Lucharis within the schirefdome of Fyf to be of sa great and large boundis and so populous in the self sua that the paroch kirk thairof is nocht capable of the parochineris and induellaris within the said parochin, bot great numberes of thame, throw want of place and occasioun of heiring the word thir mony yeiris bigane, ather abydis at thair awin duelling houses on the Sabboth day, or resortis to utheris parochinnes, and als understanding ane kirk laitlie to be biggit within the towne of the Eist Ferrie of Portincraig, quhilk is the northmaist part of the said parochin, maist distant frome the said kirk of Lucharis and verie commodious to be maid ane paroch kirk for the inhabitantis of that north pairt of the said parochin, thairfoir oure said soverane lord, with speciall advyse and consent of the estaitis foirsaidis, erectis, creatis, makis and appointis the foirsaid kirk laitlie biggit in the Eist Ferrie of Portincraig to be ane paroch kirk in all tyme cumming, and to be callit the paroch kirk of Portincraig, and dismemberis and severis the samin kirk parochin and parochineris thairof in all tyme heireftir frome the foirsaid parochkirk of Lucharis and parochin thairof, quhairof it wes pairt and pendicle of befoir, and geves and grantis to the said paroch kirk of Portingcraig and parochineris thairof all privileges, fredomes, richtis, liberteis and immuniteis belanging to ony parochkirk within this realme.
[1605/6/60]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, calling to mynd the great charges and expenses quhairwith the burgh of Edinburgh, burgesses and inhabitantis thairof ar burdenit in sustening of the ministrie of the said burgh, thair being na pairt of the thriddis of benefices assignit to thame for thair sustentatioun and intertenying of the colleges, hospitallis and pure of the samin burgh; and that for releif of ane pairt of the saidis charges and expenses, his hienes umquhile darrest mother eftir hir perfyte age, and oure said soverane at diverse tymes, gaif, dotit, mortefeit and disponit to the provest, bailleis, counsaill and communitie of the said burgh, for sustentatioun of thair said ministrie and intertenying of thair college, hospitallis and pure sindrie landis, annualrentis, tenementis, provestreis, alterages, benefices and utheris fruittis and rentis generalie and specialie comprehendit and exprest in sindrie giftis, mortificatiounis, infeftmentis, actis of parliament and utheris richtis and securiteis maid to the saidis provest, bailleis, counsaill and communitie for sustening and intertenying of thair said ministrie, college and hospitallis, and being cairfull that the foirsaidis godlie, necessar and profitable workis decay nocht for laik of expenses, oure said soverane lord, with advyse of the estaittis of this present parliament, hes ratefeit, approvin and confermit, and be the tennour heirof, for his hienes and his successouris, ratefeis, appreves and perpetualie confermes all and sindrie giftis, mortificationis, infeftmentis, utheris securiteis and richtis quhatsumevir maid, gevin, grantit and disponit be oure said soverane lord, his umquhile darrest mother or be his hienes self at ony tyme befoir the date heirof, to the saidis provest, bailleis, counsaill and communitie of the said burgh of Edinburgh and thair successouris of quhatsumevir landis, annualrentis, tenementis, teyndis, provestries, prebendareis, alterages or utheris benefices, teyndis, rentis and emolumentis, togidder with all and sindrie actis of parliament maid in favouris of the said burgh, provest, bailleis, counsaill and comunitie thairof, ministrie, college and hospitallis within the samin, in all and sindrie heidis, pointis, articlis, clauses, circumstances and conditionis thairof; lyk as oure said soverane lord, with advyse foirsaid, findis, decernis and declaris the foirsaidis giftis, mortificationis, infeftmentis, actis of parliament and utheris richtis and securiteis maid, gevin and grantit to the saidis provest, bailleis, counsaill and communitie of the said burgh and thair successouris and in thair favouris, to be gude, valide, lauchfull and sufficient richtis for thame and thair successouris for bruiking and joising of all and sindrie landis, tenementis, annualrentis, teyndis, benefices, provestreis, prebendareis, chaplanreis, alterages, fruittis, rentis and emolumentis quhatsumevir, alsweill generally as speciallie comprehendit and contenit in the foirsaidis giftis, mortificationis, actis of parliament or ony of thame, and that the samin sall remane and abyd in thair awin full strenth, force and effect and nawayes to be tane away, hurte nor prejudgeit in ony sorte, nochtwithstanding quhatsumevir act or statute maid in this present parliament, with speciall provisioun that thair be ane ressonable and sufficient stipend modefeit be George, archibischop of Sanctandrous, Maister Johne Prestoun of Pennycuk, collectour, and Schir Johne Skene of Curryhill, knycht, clerk of register, (or be ony twa of thame, the said Archibischop of Sanctandrous being alwayes ane) to the present minister at Currie, for him self and to his successouris ministeris thairat, to be payit thankfullie to thame yeirlie in all tyme cumming be the towne of Edinburgh. The quhilkis thrie persones being all present in parliament, acceptit the modificatioun of the said ministeris stipend at the said kirk of Curry in and upoun thame, to be payit to the present minister and to his successouris ministeris thairat yeirlie in all tyme cumming abonespecefeit.
[1605/6/61]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, haveing consideratioun of the antiquitie of the burgh of Perth, decay of thair brig and gude service done be thame and thair predecessouris to his majestie and his predecessouris, his majestie gaif ane new infeftment to the said burgh of Perth, contenand the confirmatioun of the auld infeftmentis of the said burgh with de novo damus and diverse privileges, as the samin under the testimoniall, of the great seall of the date at Halyrudhous, the xiiij day of November jM vjC yeiris, mair fullelie proportis; as lykwayes the quenis majestie, with advyse of his hienes, hes gevin and disponit to the said burgh the mansioun and house lyand within the said burgh sumtyme pertening to the persone of Perth, togidder with the richt of patronage of the personage and vicarage of Perth for intertenement and sustentatioun of the ministrie serveing the cure within the said burgh, as the said gift and dispositioun of the date at Londoun, in the palace of Quhythall, the tuentie day of November the yeir of God jM vjC and four yeiris, at lenth proportis; and thair being diverse controverseis and debaittis fallin out betuix the said burgh of Perth and Dundie, his majestie being cairfull to tak away the saidis controverseis eftir that the samin wer submittit to his majestie and lordis of sessioun be the saidis burghes, oure said soverane lord and lordis of sessioun, be decrete arbitrall, finessit and away tuk the saidis controverseis and decydit the samin to the great ease and contentment of the inhabitantis of the saidis burghes, and now for the help and supporte of the said burgh of Perth and that the foirsaidis richtis and securiteis maid to thame† may be the moir effectuall and valide in all tyme cumming, and that they may bruik joise and posses the samin haill dispositionis and privileges thairin contenit without ony stope or impediment to be maid to thame at ony tyme heireftir, hes ratefeit and approvin and, be thir presentis, ratefeis and appreves the foirsaid infeftment, dispositioun and decrete arbitrall in the haill heidis, pointis, clauses and conditionis thairin mentionat; and decernis and declaris the samin to stand in all tyme cumming as valide and sufficient richtis to the said burgh.
[1605/6/62]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estaittis of this present parliament, remembering the trew and thankfull service done to his majestie be the provest, bailleis, counsaill and communitie of the burgh of Dundie, hes ratefeit, approvin and confermit, and be the tennour heirof, for his hienes and his successouris, ratefeis, appreves and perpetualie confermis the chartour maid and grantit be oure soverane lord under his hienes great seall to the saidis provest, bailleis, counsaill, burgesses and communitie of the said burgh of Dundie, in all and sindrie pointis, heidis, articlis, clauses, circumstances and conditionis expressit and contenit in the foirsaid chartour, with the haill jurisdictionis, liberteis, salmond fischeingis, mylnis, mylnlandis, customes dueteis, privileges and immuniteis thairin mentionat, alsweill be watter as land, and with the portis, havinnes and herbereis of the said burgh; and als for his hienes and his majesteis successouris foirsaidis, with advyse of the saidis estaittis, willis, decernis and declaris that the foirsaid chartour, with the precept and instrument of seasing following thairupoun, hes bene continualie fra the date thairof, quhilk wes upoun the sextene day of Januar, the yeir of God jM vjC and ane yeiris, is presentlie and sall be in all tyme cumming ane perfyte and sufficient infeftment, richt and securitie to the saidis provest, bailleis, counsaill, burgesses and communitie of the said burgh and thair successouris for bruiking and injoying of the haill landis, mylnis, mylnlandis, multuris, salmond fischeingis, annualrentis, chaplanreis, alterages, advocatioun and donatioun of benefices, customes dueteis, jurisdictionis, liberteis, privileges, immuniteis, portis, havinnis, herbereis and utheris quhatsoevir, alsweill generalie as specialie expressit and contenit in the said chartour, and willis and grantis that this present confirmatioun and ratificatioun sall be of als great faith, force and effect as gif the foirnameit chartour wer word be word ingrossit heirin, quhairanent oure said soverane lord, with advyse foirsaid, be thir presentis for now and evir dispenses; and this alwayes but prejudice to the decrete arbitrall pronunceit be oure soverane lord and the lordis of his hienes counsaill and sessioun of this kingdome of Scotland anent the decisioun of the questionis and controverseis than standing betuix the said burgh of Dundie and the burgh of Perth, tuicheing the libertie of the watter of Tay and certane utheris particularis decydeit be the said decrete, quhilk decrete is of the date at Edinburgh, the penult day of December, the yeir of God jM sex hundreth and twa yeiris.
[1605/6/63]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, be the tennour heirof, ratefeis, appreves and perpetualie confermis the chartour maid and grantit under his hienes great seall to the burgh of Aberdene, provest, bailleis, counsaill and communitie thairof and thair successouris, off all and sindrie thair commoun landis pertening to the said burgh, mylnis, small customes, salmond fischeingis, liberteis, privileges, immuniteis and utheris quhatsumevir generalie and specialie comprehendit and contenit in the foirsaid chartour in all and sindrie pointis, heidis, articlis, clauses, circumstances and conditionis thairof, as the foirsaid chartour of the date at Falkland, the fourtene day of August the yeir of God jM vjC and ane yeiris, in the self at mair lenth proportis, with the precept and instrument of seasing following thairupoun, and willis that this present ratificatioun and confirmatioun is and sall be of also great strenth, force and effect as gif the samin chartour, precept and instrument of seasing wer word be word heirin ingrossit, quhairanent oure said soverane, with advyse foirsaid, for now and evir be thir presentis, dispenses; and als oure said soverane, with advyse foirsaid, findis, decernis and declaris the foirsaid chartour, precept and instrument of seasing following thairupoun to be ane gude, valide and perfyte richt to the provest, baillies, counsaill and communitie of the said burgh of Aberdene and thair successouris for bruiking and joising of all and sindrie landis, mylnis, fischeingis, salmond fisches, privileges, liberteis and immuniteis and utheris quhatsumevir generalie and specialie comprehendit and expressit in the samin chartour, for payment of the yeirlie duetie thairin contenit; and, gif neid beis, oure said soverane and estaittis foirsaidis ordanis ane new infeftment to be maid, grantit and gewin to the said burgh of Aberdene, provest, bailleis, counsaill and communitie thairof, aggreable word be word with the said chartour, for the quhilk new infeftment this present act sall be ane sufficient warrand.
[1605/6/64]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estaittis of this present parliament, be the tennour heirof, ratefeis, appreves and, for his hienes and his successouris, perpetualie confermis the chartour maid, gevin and grantit be Maister Alexander Hay, clerk of oure said soverane lordis counsaill and sessioun, to the provest, bailleis, counsaill and communitie of the burgh of Aberdene and thair successouris off all and sindrie the fewfermes and annuallrentis thairin contenit, extending in the haill to tuentie sewin pundis aucht schillingis and aucht penneis, with the superiouriteis of all landis, tenementis, annualrentis and utheris thairin contenit in all and sindrie pointis, clauses, articlis, circumstances and conditiounes thairof, as the foirsaid chartour of the date at Edinburgh, the first day of Februar, the yeir of God jM vjC and fyve yeiris, in the self at mair lenth proportis, with the precept of seasing contenit in the said chartour and instrument of seasing following thairupoun, and willis that this present ratificatioun and confirmatioun is and sall be of als great force, strenth and effect as gif the samin chartour, precept and instrument of seasing wer word be word heirin ingrossit, quhairanent oure said soverane, with advyse, for now and evir be thir presente dispenses.
[1605/6/65]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, understanding the great hurte and skaith sustenit be the burgh of Irving and inhabitantis thairof, being his majesteis frie burgh regall of great ancietie and underlying all burdingis as ane of that estait, throw the great incresce of unfrie trafiqueris duelling within the boundis of the libertie thairof, beiring na burding, be keiping oppin buithis, sailing out of this cuntrey with schippis and barkis as gif they wer frie comburgesses and to the prejudice of oure soverane lordis customes, thairfoir statutis and ordanis that na persone duelland within the boundis of the libertie of the said burgh nocht being burgesses and frie men thairof use ony privilege or libertie belanging to thame in keiping oppin buithis with merchandice, sailling and traffiquing out or in this cuntrey with the samin with thair barkis and schippis as friemen, or in trubilling or molesting of thame in bruiking and useing of thair liberteis and privileges conforme to thair awld infeftmentis in ony sorte, and that lettres be direct heirupoun on ane simple charge of ten dayes.
[1605/6/66]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estaittis of this present parliament, ratefeis and confermis the chartour maid, gevin and grantit be his hienes under the great seall to the provest, bailleis, counsaill and communitie of the burgh of Banff and, with advyse foirsaid, decernis and ordinis the said chartour to be of als great strenth, force and effect as gif the samin wer insert heirin word be word; quhairanent oure said soverane lord be this present act dispenses.
[1605/6/67]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of his estaittis in parliament, hes ratefeit, approvin and confermit and be thir presentis ratefeis, appreves and confermis all and quhatsumevir privileges, liberteis and immuniteis grantit of befoir be his majestie and his maist nobill progenitouris to the chancellar and lordis of his counsaill, sessioun and college of justice, baith spirituall and temporall, and to the haill remanent memberis of the said college of justice for mantenance of thame in thair persones, honouris, digniteis and richtis and for bruiking of thair landis, rentis, benefices, pensiounes, thriddis and contributionis of all prelaceis and thair uther richtis in sic forme as is contenit in the first erectioun of the said college, and as they and thair predecessouris hes bruikit and possessit sensyne and presentlie bruikis and possesses conforme to the dispositionis and ratificatiounes thairof in parliament or ony uther actis, lawes, statutis and dispositionis maid be his majestie or his predecessouris in favouris of the saidis lordis of counsaill and sessioun, college of justice and particular memberis and persones thairof in all pointis; and specialie oure soverane lord and his saidis estaitis ratifeis and appreves the gift and richt maid to the saidis lordis of counsaill and sessioun of the superplus of the quottis of testamentis by the ordinar feis and allowances grantit to the saidis lordis be his majestie for thair better residence and administratioun of justice, and of thair richt of presentatioun to oure soverane lord of persones to the offices of quhatsumevir commissarie or thair memberis vacand, with all utheris richtis grantit to thame of befoir thairanent. And siclyk oure soverane lord, with advyse of his estaittis, be thir presentis, ratefeis, appreves and confermis the commissioun and injunctionis, togidder with the haill jurisdictioun and all and quhatsumevir privileges, liberteis and immuniteis and utheris richtis grantit be his majestie and his predecessouris to the commissioneris of Edinburgh and thair memberis in sic forme as the samin is contenit in the commissioun and injunctionis gevin to thame in the first erectioun, as the said commissioun and injunctionis in thame selffis at lenth beiris, and as the saidis commissioneris and thair memberis presentlie bruikis and possesses the samin conforme to thair provisionis in all pointis, nochtwithstanding of quhatsumevir actis, statutis and constitutionis maid, or to be maid, in this present parliament or ony uther parliament preceding or to cum quhilkis may appeir to derogat the samin.
[1605/6/68]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, for mony great and wechtie causes and considerationis, hes ratefeit and approvin and, be the tennour heirof, ratefeis, appreves and, for his hienes and his successouris, perpetualie confermis the act of parliament maid be his majestie, with advyse of his estaittis, in his hienes fourtene parliament haldin at Edinburgh, the aucht day of Junii the yeir of God jM vC fourscoir fourtene yeiris, anent the dissolutioun of the kirk of Nather Airlie, personage and vicarage thairof, togidder with all and sindrie chartouris maid and grantit be oure said soverane lord at ony tyme befoir the date heirof under his hienes great seall, to his hienes richt trest cousing and counsaillour Schir Thomas Lyoun of Auldbar, knicht, ane of the senatouris of his hienes college of justice, of the richt of the patronage, advocatioun and donatioun of the said parochkirk of Nather Airlie, personage and vicarage thairof, in all and sindrie heidis, pointis, articlis, clauses, circumstances, provisiounes and conditiounes expressit and contenit in the foirsaid act of parliament contening the dissolutioun of the foirsaid parochkirk and in the foirsaid chartour, or ony of thame, with the preceptis and instrumentis of seasing following upoun the saidis chartouris, and findis, decernis and declairis that the said parochkirk of Nather Airlie, personage and vicarage thairof, wes lauchfullie dissolvit fra the abbacie of Couper and patrimonie thairof be the said act of parliament maid the said aucht day of Junii jM vC fourscoir fourtene yeiris, and hes bene lauchfullie dissolvit thairfra continualie sensyne, and sall stand and remane dissolvit fra the said abbacie in all tyme tocum. And that oure said soverane, be vertue of the said act of parliament, hes full and indoubtit richt to erect the said parochkirk of Nather Airlie in ane severall rectorie and vicarage and to dispone to the said Schir Thomas Lyoun, his airis and assignais the heretable richt of the patronage, advocatioun and donatioun of the foirsaid paroch kirk of Nather Airlie, personage and vicarage thairof, and that the foirsaid act of parliament and the heretable chartouris maid be his hienes to the said Schir Thomas Lyoun and his foirsaidis of the richt of patronage, advocatioun and donatioun of the said parochkirk of Nether Airlie, personage and vicarage thairof, with the preceptis and instrumentis of seasing following thairupoun, ar perfyte, sufficient, lauchfull and valide richtis and securiteis to the said Schir Thomas Lyoun and his foirsaidis and utheris haveing richt of thame to bruik, joise and possess heretablie and perpetualie in all tyme cumming the richt of the said patronage, advocatioun and donatioun of the foirnameit paroche kirk of Nather Airlie, personage and vicarage thairof, and that siclyk and als frelie in all respectis as gif the said parochkirk, personage and vicarage thairof, had bene lauchfullie dimittit, dismemberit and dissolvit fra the said abbacie of Couper and patrimonie thairof be ane lauchfull [...], with consent of the convent and chaptour of the said abbacie of Couper, be ressone the said dissolutioun wes maid during the tyme that umquhile Leonard Leslie, commendatar of Couper, wes oure soverane lordis rebell and had remanit and abiddin under the proces of horning be the space of yeir and day, and that nochtwithstanding quhatsumevir lawes civill, cannoun or municipall, and nochtwithstanding quhatsumevir actis of parliament maid in this present parliament, or at ony tyme of befoir, quhilkis sall nawayes be hurtfull nor prejudiciall to the foirsaid act of dissolutioun dissolvand the kirk of Nather Airlie as said is, nor to the heretable infeftmentis grantit to the said Schir Thomas Lyoun of the richt of patronage, advocatioun and donatioun of the said parochkirk of Nather Airlie, personage nor vicarage thairof, nor mak dirogatioun thairto in ony sorte. And willis and grantis that this present ratificatioun and confirmatioun is and sall be of als great strenth, force and effect as gif the foirsaid act of dissolution of the date abonewrittin, with the heretable chartouris abonementionat maid to the said Schir Thomas, wer word be word ingrossit and insert heirin; quhairanent oure said soverane, with advise, for now and evir be thir presentis dispenses.
[1605/6/69]*[print] [email] [cite] [preceding] [following]
Anent the supplicatioun gewin in to the lord great commissionar and haill estaittis of this present parliament be Williame, commendatar of the abbacie of Towngland, ane of the ordinar number of oure soverane lordis sessioun and college of justice, makand mentioun that quhair oure soverane lord, for diverse gude considerationis moveing his majestie, gaif, grantit and disponit unto the said commendatar for all the dayes of his lyfetyme the teyndis of certane kirkis, quhilkis sumtyme pertenit to the bischoprik of Galloway, and ane pensioun of sex hundreth sextene pundis xviij s. iiij d. usuale money of Scotland grantit be his hienes to him in lyferent, to be payit furth of the temporalitie and temporall landis, few maillis and utheris dueteis of the said abbacie of Towngland and bischoprik of Galloway; and albeit oure soverane lord hes laitlie provydit Maister Gavin Hamyltoun to the said bischoprik, with all and sindrie fruittis, rentis and emolumentis appertening thairto, yit it wes nocht his majesteis will that the said William, commendatar of Towngland suld be onywayes damnefeit, hurte nor prejudgeit in his richt, titill and possessioun of the abbacie of Towngland and kirkis pertening and annexit thairto, teyndis and rentis of the samin, nor in his foirsaid pensioun, and alsua, the said Maister Gavine faithfullie promissit to his majestie nawayes to hurte nor prejudge the said William, commendatar of Toungland, during his lyfetyme anent the premisses, and thairfoir the said Maister Gavine, be his speciall lettres datit at Edinburgh, the nyntene day of Junii, jM vjC and fyve yeiris, actit and registrat in the buikis of counsaill of his awin consent the tuentie tua day of the said moneth and yeir, ratefeit and apprevit for him and his successouris the giftis and donationis grantit to the said commendatar be oure said soverane lord, with the ratificationis and confirmationis of the samin in parliament specialie expremit in his saidis lettres; and upoun deliberat mynd, of certane knawlege, maist hairtlie, frelie and willinglie band and oblist him and his successouris that they suld nevir move actioun nor pley aganis the said commendatar for ony pairt of the saidis fruitis, teyndis, rentis and pensioun disponit to him for his lyfetyme as said is, bot that he suld bruik the samin peciablie without truble or impediment during his lyfetyme as said is, as the saidis lettres registrat in the saidis buikis of counsaill schawin to the saidis estaittis at mair lenth proportis. And seing the estaittis intendis in this present parliament be directioun of oure soverane lord to mak ane act and ordinance for repairing and restitutioun of the estait of bischoppis within this realme, it is verie necessar for the said commendataris quietnes that quhatsumevir thing suld be done in favouris of the bischop of Galloway sall be without hurte and prejudice of ony thing that wes provydit to the said commendatar befoir, and contenit in the said Maister Gavine his lettres of ratificatioun and approbatioun thairof, eftir the forme and tennour of the samin, to the quhilk the said commendatar is assurit the said lord bischop of Galloway can nocht weill mak ony impediment, bot will assent thairto. Desyring thairfoir the saidis estaittis to declair quhatsumevir thing sall be done to the said bischop of Galloway that the foirsaid generall act sall nawayes be prejudiciall, nor hurtfull to sic thingis as ar disponit to the said commendatar for his lyfetyme, bot that he may peciablie bruik the samin conforme to his titillis and richtis maid to him thairof and the said bischop of Gallowayes ratificatioun and approbatioun foirsaid, and to that effect that the saidis estaittis wald ordane the saidis lettres to be registrat in the buikis of parliament ad futuram rei memoriam, that the saidis estaittis limitatioun foirsaid to be maid in his favouris may be the mair cleir, to tak away all questiounes that may occur heireftir, as at mair lenth is contenit in the said supplicatioun. The quhilk supplicatioun, togidder with the foirsaidis lettres obligatouris maid be the said bischop of Galloway to the said commendatar of Toungland, and his haill provisiounes and richtis being red in presens of the haill estaittis and they thairwith being ryplie advysit, the haill estaittis findis and declairis that quhatsumevir thingis is done in this present parliament in favouris of the said bischop of Galloway, that the foirsaid generall act sall nawayes be prejudiciall, nor hurtfull to sic thingis as ar disponit to the said William, commendatar of Toungland, for his lyfetyme, bot that he may peciablie bruik and joise the samin conforme to his titillis and richtis maid to him thairof, and the said bischop of Gallowayes ratificatioun and approbatioun foirsaid. And to the effect that all questionis that may occur heireftir may be tane away betuix the saidis commendatar and Maister Gavin Hammyltoun, bischop of Galloway, declairis and ordanis the said lettres obligatouris to be actit and registrat in the buikis of parliament, thairin to remane ad futuram rei memoria, off the quhilkis lettres obligatouris the tennour followes:
At Edinburgh, the tuentie tua day of Junii, the yeir of God jM vjC and fyve yeiris, in presens of the lordis of counsaill, comperit Mairster Johne Makgill, procutour specialie constitut for Maister Gavin Hammyltoun, bischop of Galloway, and gaif in the ratificatioun underwrittin subscryvit with his hand, desyring the samin to be registrat in the buikis of counsaill, to have the strenth of ane decrete of the lordis thairof, with lettres and executorialis to be direct thairupoun in maner thairin contenit. The quhilk desyre the saidis lordis thocht ressonable and thairfoir hes ordanit and ordinis the said ratificatioun to be insert and registrat in the saidis buikis of counsaill, decernis the samin to have the strenth of thair decrete, and ordinis lettres and executorialis to be direct thairupoun in maner specefeit thairintill, quhairof the tennour followes: Be it kend till all men be thir present lettres, me, Maister Gavin Hammyltoun, bischop of Galloway, forsamekill as oure soverane lord the kingis majestie hes gevin and grantit to me during my lyfetyme the bischoprik of Galloway with all digniteis, fruittis, rentis and emolumentis thairof, and inrespect it is nawayes his hienes will and intentioun that the richt honorable Maister William Melville, commendatar of the abbay of Toungland, ane of the ordinar senatouris of his hienes college of justice, suld be onywayes damnefeit, hurte nor prejudgeit in his richt, titill and possessioun of the said abbacie and kirkis pertening and annexit thairto, teyndis and rentis of the samin, nor yit of the pensioun of sex hundreth sextene pundis auchtene schillingis four penneis usuale money of Scotland grantit be his hienes to the said Maister Williame in lyfrent, to be payit out of the temporalitie and temporall landis, few maillis and utheris dueteis of the said abbacie of Towngland and bischoprik of Galloway, lyk as I faithfullie promesit to his majestie nawayes to hurte nor prejudge the said Maister Williame Melvill anent the premisses, nor na pairt thairof. Thairfoir, and for sindrie utheris gude respectis and considerationis moveing me, wit ye me to have ratefeit and approvin, lyk as I, be the tennour heirof now as gif my provisioun and gift of the said bischoprik of Galloway wer alreadie past and expede the seallis, and than as now, upoun deliberat mynd and of certane knawlege, maist harteie, frelie and willinglie ratefeis and appreves for me and my successouris in the said bischoprik the foirsaid gift and donatioun gevin and grantit be oure said soverane lord under his hienes great seall of the date at Halyrudhous, the sewint day of November the yeir of God, jM vC fourscoir aucht yeiris, to the said Maister William Melvill of the spiritualitie of the said abbacie of Toungland, concerning the speciall kirkis of Traqueir, Towngland, Sannik, Monygoff, Leswalt and the kirkis of Inche and Gretoun, unite, annexit and incorporat thairto be the said provisioun, quhilkis wer of auld kirkis of the said bischoprik of Galloway and pertening thairto as ane pairt of the patrimonie of the samin, and ar now annexit to the said abbacie of Toungland as said is, with all privileges, immuniteis, teyndis, fruitis, rentis, proffeittis and emolumentis belanging to the samin abbacie and kirk foirsaid; and ane uther gift grantit be oure soverane lord under his hienes great seall datit at Halyrudhous, the aucht day of December, the yeir of God abonewrittin, to the said Maister Williame of the yeirlie pensioun of sex hundreth sextene pundis auchtene schillingis money, to be upliftit furth of the temporalitie, temporall landis, fewmaillis and rentis of the foirsaid bischoprik and abbacie, togidder with the speciall act of ratificatioun of the foirsaidis giftis and provisionis grantit in favouris of the said Maister William Melvill be oure said soverane lord, with consent of his hienes thrie estaitis of parliament, haldin at Edinburgh, the nyntene day of December, the yeir of God jM vC fourscoir fourtene yeiris, with the decrettis of the lordis of counsaill pronuncit in favouris of the said Maister Williame concerning the abbacie and pensioun abonewrittin, with the possessioun and uplifting of the rentis and dewteis of the samin in all tyme bigane, with all that hes followit, or may follow thairupoun, in all and sindrie heidis, articlis, clauses, conditionis and provisionis quhatsumevir at lenth expressit in baith the saidis giftis, act of ratificatioun thairof and decreittis following thairupoun eftir the forme and tennour thairof in all pointis, halding this present ratificatioun and confirmatioun alsua valide, sufficient and effectuall as gif the saidis twa giftis of the abbacie and pensioun respective abonewrittin wer heirin at lenth word be word exprest, and as gif the samin giftis and titillis wer specialie and expreslie reservit and exceptit in my gift and provisioun of the said bischoprik. And forder I will, grantis and consentis for me and my successouris in the said bischoprik that the said Maister William, be him self, his chalmerlanis and factouris, sall peciablie bruik, joise and posses all and sindrie the teyndis, fruittis, emolumentis, dueteis, privileges and commoditeis of the said abbacie of Toungland, togidder with the said yeirlie pensioun of sex hundreth sextene pundis xviij s. iiij d., conforme to his giftis, respective actis and decreittis thairof, but ony stope, truble or impediment to be maid be me or my successouris to him thairintill, lyk as I faithfullie promiss, bind and oblise me and my successouris nevir to querrell, nor impugne the said Maister William his giftis and richtis of the premisses, nor yit to move actioun, pley nor questioun thairanent aganis him directlie nor indirectlie in judgement, nor outwith in tyme cumming, under the pane of tynsell of honour, gude name and fame incaise I cum in the contrair (as God forbid); and forder sall reiterat, renew, perfyte, subscryve and delyver to the said Maister William ony uther forme of ratificatioun and approbatioun of his giftis abonewrittin in the maist ample forme can be devysit for his securitie ay and quhill he find him self sure of the premisses, consenting for the mair securitie thir presentis be insert and registrat in the buikis of counsaill, to have the strenth of ane decrete of the lordis thairof, with executions of horning be ane simple charge of ten dayes onlie and utheris neidfull to pas thairupoun as efferis; and to that effect constitutis Maister Johne Makgill, my procutouris, quhome I require to compeir for me and in my name, consent to the registering heirof, promittens de rato etc. In witnes quhairof, subscryvit with my hand, my seall is affixit. At Edinburgh, the nyntene day of Junii, the yeir of God, jM vjC and fyve yeiris, befoir thir witnesses: Maister Andro Knox, bischop of the Ilis, Thomas Quhytfurde, brother to the laird of Quhytfurde, Gilbert Ross, notar, servitour to the Erle of Cassellis, and Maister Johne Makgill, advocat. Sic subscribitur: Maister Gavin Hammyltoun. Maister Andrew Knox, witnes. Maister Johne Makgill, witnes. Gilbert Ross, witnes. Thomas Quhytfurde, witnes. Extractum de libro actorum per me dominum Joannem Skene de Curryhill, militem, clericam rotulorum registri ac consilii supremi domini nostri regis sub meis signo et subscriptione manualibus. Sic subscribitur Joannes Skene, clericus registri.
[1605/6/70]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, considering that his majestie, in respect of the mony gude, trew and thankfull services done to his hienes be his richt trustie and familiar counsaillouris Maister Johne Prestoun of Pennycuk, his hienes collectour generall and thesaurer of his hienes new augmentatiounes and ane of the senatouris of his majesteis college of justice, quhairof he hes gewin sufficient pruif nocht onlie in his daylie and continuall awaitting in the sessioun and secrete counsaill for administratioun of justice to his hienes lieges, bot also in diverse utheris wechtie and honorable services committit to him be his majestie, quhilkis he hes faithfullie dischargeit and effectuat to his majesteis great contentment, hes of lait gewin, grantit and disponit to the said Maister Johne during all the dayes of his lyfetyme, and eftir his deceis to Maister Johne Prestoun, younger, his eldest sone and apperand air, during all the dayes of his lyfetyme, and eftir his deceis, all and haill ane yeirlie pensioun of the fewmaillis, fewfermes and utheris underwrittin, viz: of all and haill the fewmaillis and fewferme dueteis of all and sindrie landis, mylnis, mylnlandis and utheris kirklandis quhatsumevir quhilkis pertenit of befoir to the monasterie and abbacie of Jedburgh as ane pairt of the patrimonie of the samin, extending yeirlie to thrie hundreth fourscoir pundis usuale money of Scotland, and alsua of all and haill the fewmaillis and fewferme dueteis of the landis of Evand pertening to the prebendarie of Balligurik, extending yeirlie to ane hundreth sewin pundis ten schillingis money foirsaid, togidder also with the sowme of ane hundreth and ten pundis money and tuentie four bollis meill to be payit yeirlie furth of the first and reddiest fewferme dueteis of the landis pertening to the abbacie of Halywod be Johne, lord Maxwell and the rest of the fewaris, possessouris and occupiaris of the temporall landis of the said abbacie of Halywod, togidder with the sowme of ane hundreth and threttie pundis money foirsaid to be payit yeirlie furth of the reddiest and first of the blenche dueteis of the landis sumtyme pertening to the abbacie of Northberwick and erectit in ane frie baronie to Alexander Home of Northberwick, his airis and assignais, and siclyk of all and haill the fewmaillis and fewferme dueteis of all and quhatsumevir landis, mylnis, mylnlandis and utheris quhatsumevir quhilkis pertenit of befoir to the monasterie and abbacie of Hadingtoun, extending yeirlie to the sowme of thrie hundreth and threscoir pundis money foirsaid, as in the said letter of pensioun under his majesteis privie seall at mair lenth is contenit; quhilk letter of pensioun his majestie faithfullie promittit to ratefie and appreis in his hienes first parliament, to the effect the samin micht remane with the said Maister Johne and his said sone during thair, or ather of thair, lyfetymes as ane testimonie of his majesteis favour and gudwill towardis thame in all tyme cumming. Thairfoir, his majestie and estaittis of parliament, haveing tryit and considerit the causes and respectis of the geving of the said pensioun, and finding the samin to have bene necessar and profitable causes tending to his majesteis weill and proffeitt of the haill realme, hes ratefeit and approvin and, be the tennour of this present act, ratefeis and appreves the said letter of pensioun maid and grantit to the said Maister Johne Prestoun and his said sone during all the dayes of thair, or ather of thair, lyfetymes of the fewmaillis, fewfermes and utheris particularlie abonewrittin, in all and sindrie heidis, pointis, clauses, articlis and conditionis thairin contenit, and willis and grantis and, be thir presentis, decernis, ordinis and declairis that this present ratificatioun sall be alsua valide, effectuall and sufficient in all respectis to the said Maister Johne and his said sone siclyk as gif the said letter of pensioun wer de verbo in verbum at lenth insert in this present act. And for the said Maister Johne and his said sonnes better securitie, his majestie and estaittis foirsaidis, for certane great and wechtie causes moveing thame, hes dessolvit and, be the tennour heirof, dissolvis the saidis fewmaillis and utheris dueteis foirsaidis disponit in pensioun as said is frome the patrimonie of his majesteis crowne of Northbritane during the said Maister Johne and his said sonnes lyfetymes alanerlie, and forder hes, eftir the said dissolutioun, gevin and grantit, lyk as be thir presentis, for the causes abonewrittin, geves, grantis and disponis to the said Maister Johne Prestoun during all the dayes of his lyfetyme, and eftir his deceis to the said Maister Johne Prestoun, his sone, during all the dayes of his lyfetyme all and haill the saidis fewmaillis, fewfermes and utheris dueteis particularlie abonewrittin, to be peciablie bruikit and joisit be thame during all the dayes of thair lyfetymes, and willis and decernis that thir presentis sall stand as ane effectuall and valide richt to the said Maister Johne and his said sone to the effect foirsaid, nochtwithstanding of the act of annexatioun of all kirklandis and fewfermes thairof to his hienes croun maid in the yeir of God jM vC fourscoir sewin yeiris, and nochtwithstanding of quhatsumevir actis and statutis maid sensyne quhairby all pensionis and dispositiounes of the fewmaillis and fewfermes of annexit landis or blenche dueteis of the erectit landis ar annullit and dischargeit, with the quhilkis lawes, statutis and utheris quhatsumevir alreadie maid or to be maid quhilkis may derogat heirto, his majestie and estaittis foirsaidis, ex certa scientia et proprio motu, dispenses be thir presentis for evir. Attoure, his majestie and estaittis foirsaidis decernis and declaris that this present gift and pensioun of the saidis fewmaillis, fewferme dueteis and utheris abonewrittin disponit to the said Maister Johne and his said sone sall nawayes be hurte nor prejudgeit be quhatsumevir erectionis and heretable dispositiounes of the saidis kirklandis, abbaceis, prioureis and utheris abone specefeit in blenche ferme to quhatsumevir persone or persones, nochtwithstanding the saidis erectiounes be maid and grantit be his majestie and his hienes estaittis in plane parliament, bot that nochtwithstanding tharof the said Maister Johne and his said sone sall have gude and indoubtit richt to the saidis fewmaillis, fewfermes and utheris dueteis of the kirklandis, abbaceis and utheris abonespecefeit, siclyk as gif the samin wer nocht erectit nor disponit in blenche ferme, and that during all the dayes of thair, or ather of thair, lyfetymes, decerning and ordaning the fewmaillis, fewfermes dueteis and utheris dueteis of the landis abonewrittin to be expreslie exceptit or reservit, lyk as his majestie and estaittis foirsaidis, be the tennour of this present act, per expressum exceptis and reserves the samin furth and fra all and sindrie erectionis and heretable dispositionis of the saidis landis to be maid in blenche ferme to quhatsumevir persone or persones, and that during the lyfetymes of the said Maister Johne and his said sone, and ather of thame in maner abonewrittin; and decernis and ordinis this present exceptioun and reservatioun to be alsua valide, sufficient and effectuall to the said Maister Johne and his said sone as gif the samin exceptionis and reservationis wer insert and contenit in the saidis erectionis and heretable dispositionis maid or to be maid to quhatsumevir persone or persones of the landis and utheris abonespecefeit, to the quhilkis erectionis and heretable dispositionis this present act sall mak express dirogatioun in favouris of the said Maister Johne and his sone during thair lyfetymes alanerlie as said is.
[1605/6/71]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament presentlie convenit ratefeis and appreves the infeftment maid by James, commendatar of Melrose, to umquhile James Lumisdene of Ardrie and his airis and assignais of the fewfermes of the landis of Grange and Grangemure, lyand within the schirefdome of Edinburgh and constabularie of Hadingtoun, quhilkis fewfermes now belang heretablie to James Hay of Kingask be alienatioun and dispositioun of the samin maid unto him be Robert Lummisden, now of Ardrie, brother and air to the said umquhile James Lummisden. And his majestie and estaittis declaris that the said infeftment sall be gude, valide and sufficient to the said James Hay and his airis for injoying, bruiking and possessing of the fewfermes of the landis abonespecefeit in all tyme heireftir.
[1605/6/72]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estaittis of this present parliament, hes ratefeit and approvin and, be the tennour heirof, ratefeis, appreves and, for his hienes and his successouris, perpetualie confermis the heretable chartour maid, gewin and grantit under the great seall to Patrik Kynnard of that Ilk, his airis maill, quhilkis failyeing to his airis and assignais quhatsumevir, off all and haill the landis and baronie of Kynnard, tour, fortalice, manerplace, orchardis, yairdis, woddis, dowcattis, mylnis, multuris, fischeingis, tennentis, tennendreis and service of frie tennentis, annexis, connexis, pairtis, pendiclis and pertinentis thairof, and of all and haill the passage of the watter of Tay of Dundie, in all and sindrie pointis, heidis, articlis, clauses, conditionis and provisionis contenit in the foirsaid chartour, as the samin of the date at Halyrudhous, the auchtene day of December, the yeir of God jM vC fourscoir fyftene yeiris in the self at mair lenth proportis, togidder with the precept and instrument of seasing following thairupoun. Attoure oure soverane lord and estaittis foirsaidis, understanding that sindrie of his hienes lieges upoun plane malice daylie trublis and molestis the passingeris, boittis, ferreis quhilkis pass and repass at the passage of the said watter of Tay of Dundie and makis impediment to thame to schip, boitt and land peciablie at the Craiggis and utheris pairtis and places quhair the passingeris, ferrieris and boittis hes bene accustomit to schip, boitt and land peciablie thir mony yeiris bigane, quhairupoun great truble, controversie and inconvenient may fall furth and arryse amongis the liegis of the realme hanting and repairing to the said passage and ferrie of the said watter of Dundie; for remede quhairof, oure said soverane lord, with advyse foirsaid, statutis and ordinis that nane of oure soverane his liegis of quhatsumevir state, qualitie, degrie or conditioun they be of tak upoun hand or presume to stop, truble or molest ony of oure soverane lord his liegis or subjectis in passing at the said ferrie of Dundie, schipping, boitting or landing of the boittis, ferrieris and passingeris quhilkis salhappin to pas at the said ferrie, bot to suffer and permitt thame peciablie in all tyme heireftir schip, boitt and land at the Craiggis and utheris partis and places quhair they have bene accustomed to land, schip and botte thir mony yeiris bigane, and to mak thame na stope nor impediment thairintill; and gif ony persone or persones dois in the contrair, to be callit and accusit thairfoir befoir the lordis of his hienes secrete counsaill as oppressouris and trubleris of oure soverane lordis liegis. And ordanis publicatioun to be maid heirof at all places neidfull.
[1605/6/73]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament conveyned, considering the great charges and expenses debursit by his majesteis servitour, Maister Alexander Hay, in attending by his majesteis directioun in his hienes service at court, and als respecting the great sowmes of money laid out by the said Maister Alexander in his majesteis said service, quhairof as yit he hes had na repayment nor recompance, being nochtourlie knawin to his majestie and to his haill estaittis; thairfoir, it is declarit by act and statute of this present parliament that is lauchfull, ressonable and most expedient that the kingis majestie, for the said Maister Alexander, his greater security of payment of those debursed be him, suld grant, annalie and dispone to the said Maister Alexander, his airis and assignais the haill fewfermes, silver caynis, customes and utheris dueteis payit by the tennentis and possessouris of the landis of Ardett and Drone, and quhairof the said Maister Alexander hes heirtofoir richt and securitie during all the dayes of his lyfetyme, the samin fewfermes, customes, silver dueteis, caynis and utheris dewtyes of the saidis landis of Ardett and Drone being alwayes redimable fra the said Maister Alexander Hay and his airis and assignais upoun the delyverie of the sowme of tuentie thowsand merkis usuale money of the realme of Scotland, and that conforme to the particular clause of redemptioun to be contenit in the said Maister Alexander, his richt, security and infeftment to be past and expede to him upoun the warrand of this present act, quhilk infeftment oure said soverane lord and estaittis conveynit declaris sall be in all tyme cuming ane valiable, effectuall and unretreatable securitie and richt to him and his airis to bruik and injoy the samin fewfermes and uther dueteis of the saidis landis of Ardett and Drone ay and quhill the lauchfull redemptioun of the samin be payment of the said sowme of twentie thowsand merkis to the said Maister Alexander and his foirsaidis, and that nochtwithstanding quhatsumevir actis of parliament maid at ony tyme heirtofoir, quhilkis may awayes appeir to be hurtfull or prejudiciall to this present act, to the quhilkis actis this present act sall mak and makis full derogatioun, becaus this present act is maid for the saidis causes quhilkis ar tryit be oure soverane lord and the estaittis to be sene, proffitable and necessar causes for the weill of the realme. And the saidis estaittis decernis, declaris and ordinis this present act to be ane effectuall and sufficient reversioun to oure soverane lord and his majesteis successouris for redemptioun of the saidis fewfermes, customes, silver duetie, caynis and utheris dueteis of the saidis landis of Ardet and Drone fra the said Maister Alexander Hay and his foirsaidis be payment to thame of the said sowme of twentie thowsand merkis money foirsaid, siclyk and in the samin maner as gif thair wer ane severall and particular letter of reversioun maid, seallit and subscryvit be the said Maister Alexander for redemptioun thairof.
[1605/6/74]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estaitis of this present parliament, ratefeis and appreves the letter of pensioun grantit be his hienes of the yeirlie dewtye of sewinscoir pundis payed furth of the fewmaillis of the lordschip of Altrie in favouris of umquhile Maister Johne Durie, minister of Christis evangell, Marjorie Marjoribankis, his spous, and Maister Josua Durie, thair sone, and the langest levar of thame thrie, quhilk letter of pensioun wes also ratefeit and approvin and confermit befoir be oure soverane lord and estaittis of parliament, the fyft of Junii jM vC fourscoir tuelf yeiris; lyk as his hienes, with advyse foirsaid, of new gives and grantis the said yeirlie pensioun to the said Marioun† during all the dayes of hir lyfetyme and to the said Maister Josua during all the dayes of his lyfetyme, nochtwithstanding of ony act or constitutioun maid or to be maid for annulling or rescinding of pensiounes grantit furth of the annexit temporalitie or new erectionis, to the quhilk these presentis sall mak express dirogatioun in safer as may be extendit to the said yeirly duetie of sewinscoir pundis as the fewmaillis of the lordschip of Altrie.
[1605/6/75]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, remembering the mony trew and thankfull services done to his grace and his majesteis maist nobill progenitouris of worthie memorie be his hienes darrest cousingis and counsaillouris umquhile Johne, marques of Hammyltoun, father to James, now marques of Hammyltoun, and him self, and be George, marques† of Huntlie, and thair predecessouris, and to gif thame and thair posterioritie the better occasioun to continew in the lyk trew, thankfull and gude service to his majestie and his successouris, oure said soverane lord in the moneth of [...] in the yeir of God jM vC fourscoir nyntene yeiris, creat, institute, erectit and inaugurat the saidis umquhile Johne, than erle of Arran, lord Hammyltoun, and George, than marques† of Huntlie, in marqueses, and than gaif thame the place, honour and dignitie of marqueses, the said umquhile Johne to be stilit in his lyfetyme, and eftir his deceis his airis and successouris, marques of Hammyltoun, erle of Arrane, lord Ewen, and the said George, erle of Huntlie to be stylit in his lyfetyme, and eftir his deceis his airis and successouris, marqueis of Huntlie, erle of Enyie, lord Gordoun and Badyenocht etc., with badge, armes and all utheris solemniteis requisit and than sett doun in thair said creatioun, and they, thair airis and successouris to have fra thyne furth in all tyme cumming voite, place and suffrage in all parliamentis, conventionis, generall counsaillis and utherwayes as marquess, as at mair lenth is contenit in thair said creatioun, institutioun and erectioun, quhilk oure said soverane lord and estaittis foirsaidis convenit in this present parliament ratefeis, appreves and perpetualie confermis to, and in favouris of, the saidis marquesses and thair successouris; and statutis and ordanis that they, thair airis and successouris sall in all tyme cumming bruik, joise, posses and use the honouris, places, styles, digniteis and immuniteis quhatsumevir of marqueses according to thair institutioun and creatioun foirsaid in all parliamentis, conventionis, counsaillis and utherwayes as marqueses, but stope, trubill or impediment evir to be maid to thame thairanent; and declaris and ordinis thir presentis to be als sufficient, valide and sufficient and effectuall richt, titill and securitie to thame for bruiking and joising of the places, styles, honouris and digniteis of marqueses as gif thair said creatioun and inauguratioun had bene grantit to thame in plane parliament, and as gif thair said creatioun wer de verbo in verbum insert heirin.
[1605/6/76]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, for mony great and wechtie causes, ratefeis and appreves and for his hienes and his successouris perpetualie confermis the chartour maid and grantit be his hienes under his majesteis great seall to his richt traist cousing and counsaillour Williame, erle of Angus in lyfrent, and to Williame, lord Dowglas, his eldest sone and apperand air, and his airis maill heretablie, off all and haill the landis, baroneis and lordschippis of Kiremure, Abernethie, Thometaloun, Bothwell, Prestoun, Boncle, Dowglas and of all utheris landis, baroneis, lordschippis, privileges, liberteis and immuniteis generalie and specialie comprehendit in the foirnameit chartour, as the samin of the date at [...] the [...] day of [...] jM [...] yeiris in the self at mair lenth proportis, with the preceptis and instrumentis of seasing following thairupoun in all and sindrie pointis, heidis, articlis, clauses, provisionis and conditiounes thairin contenit; and findis, decernis and declaris the foirsaid infeftment to be ane perfyte, valide and sufficient richt and securitie to the said Williame, erle of Angus and Williame, lord Dowglas, and his airis maill for bruiking and joising of all and sindrie landis, baroneis, lordschippis, castellis, touris, fortalices, mylnis, woddis, fischeingis, privileges, immuniteis, liberteis and utheris quhatsumevir, alsweill generalie as specialie comprehendit in the foirsaid chartour, conforme to the tennour thairof in all pointis; and als willis and declaris that this present confirmatioun and ratificatioun is, and sall be, of als great strenth, force and effect as gif the foirnameit chartour, precept and instrument of seasing following thairupoun wer word be word insert and ingrostit heirin; quhairanent oure said soverane, with advyse foirsaid, for now and evir be thir presentis dispenses.
[1605/6/77]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament presentlie convenit, for certane causes and considerationis, hes thocht meit and expedient to alter and change the name of the castell of Girnigo in Caithnes, and statutis and ordinis that in all tyme cumming the said castell sall be callit Castell Sinclair.
[1605/6/78]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, considering the gude, trew and thankfull service done to his majestie and his predecessouris of worthie memorie be his grace traist cousing and counsaillour Johne, lord Lyndesay of the Byres, his umquhile father, gudschir, grandschir and thair predecessouris, and willing that the said Johne, lord Lyndesay, his airis and successouris be in sum measour gratefeit for the said gude, trew and thankfull service that heireftir they may continew in the lyk for all ages to cum, and for sindrie utheris sene and proffitable causes digestlie considerate, throuchlie advysit and concludit be his majestie, with advyse of all the saidis estaittis, have thairfoir ratefeit, approvin and perpetualie confermit, and be the tennour heirof ratefeis, appreves and perpetualie confermis, the chartour and infeftment under the great seall grantit be his majestie to the said Johne, lord Lyndesay, his airis maill and of tailyie mentionat in the said chartour and thair assignais quhatsumevir heretablie, off all and haill the landis of Auchter Utherstruther, with the castell, toure, fortalice, maner place, mylnis, multuris, woddis, fischeingis, cunyngeris, pairtis, pendielis and pertinentis thairof quhatsumevir, and of the landis of Kirkforther, superiouritie of the landis of Lethame and utheris quhatsumevir, alsweill specialie as generalie sett doun and exprest in the said chartour, in all and sindrie heidis, pointis, clauses, articlis, circumstances and conditionis thairof, quhilk is of the date at Halyrudhous, the fyft day of Aprile the yeir of God jM vjC and thrie yeiris, togidder with the seasing and utheris wryttis and securiteis following thairupoun gevin and grantit to, and in favouris of, the said Johne, lord Lyndesay and his foirsaidis; and declairis and ordinis this present ratificatioun to be als gude, valide, effectuall and sufficient as gif the said chartour and infeftment de verbo in verbum [word for word] had bene exprest and sett doun heirintill; and als decernis and declaris the said infeftment to be gude and sufficient richt, titill and securitie to the said Johne, lord Lyndesay and his foirsaidis to bruik, joise, posses and use the landis and utheris quhatsumevir contenit in the said chartour and infeftment as thair heretage at thair plesure, nochtwithstanding of quhatsumevir law, statute, act or ordinance maid, or to be maid in this present parliament, bot that the said infeftment sall stand in the full force, strenth and effect nochtwithstanding thairof in all tyme cumming.
[1605/6/79]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estaittis of this present parliament, ratefeis and appreves that gift and letter of pensioun gewin be his hienes, with advyse of his grace controller, to Schir Johne Moncreif, now of Kynmonth, knycht, of the sowme of thrie hundreth merkis during all the dayes of his lyfetyme, with the assignatioun thairin contenit, as the letter and gift maid and grantit to the said Schir Johne, than stylit Maister Johne Moncreif of Eistermoncreif, of the date at Perth, the sext day of August, the yeir of God jM vjC and ane yeiris, at mair lenth beiris, quhilk is haldin as ingrost and insert heirin word be word, to be payit be him as is contenit in the said former gift and letter of pensioun maid to him thairanent; decerning and ordaning the samin to stand in full strenth and effect to him, nochtwithstanding of quhatsumevir act, statut, constitutioun or law maid, or to be maid, in the contrair heirof, or that may dirogat the samin in ony tyme heireftir.
[1605/6/80]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament ratefeis, appreves and confermis the letter of rehabilitatioun and restitutioun grantit be his majestie under his hienes great seall of his kingdome of Scotland to Williame Lermonth of the Hill, being foirfaltit for the treassonable assisting of Francis, sumtyme erle of Bothuell, and declairis that the said Williame is fullelie restorit by his majesteis most gratious mercie and pardoun to his blood agane, whiche, by his former crymes of treassoun, wes blemisched; and ordinis this present act to be extendit in ampill forme with all clauses neidfull conforme to the tennour of those lettres of rehabilitioun under his majesteis great seall as said is.
[1605/6/81]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament ratefeis, appreves and confermis, and of new gevis, grantis and disponis to ane reverend father in God, Petir, bischope of Dunkeld, and to the citineris of the towne of Dunkeld the privilege and liberties grantit to the bischoppis of Dunkeld and citineris thairof of befoir be oure soverane lordis maist nobill progenitouris, of thair haill fairis and oulkie marcatt in use to be haldin within the said citie and fredomes thairof, with the haill jurisdictionis, fredomes, toll and customes of the samin. And siclyk oure soverane lord and estaittis of this present parliament, being informit how necessar it is to have ane marcat or fair to stand in and about the said towne of Dunkeld at Martymes yeirlie, being ane propir tyme of the selling of gudis for sustentatioun of oure soverane lordis liegis, quhair ane great number of the heland men of this cuntrey wald resorte rather than to ony uther pairt, thairfoir oure said soverane lord and estaittis of this present parliament geves and grantis full libertie to the said reverend father and citineris of the said towne of Dunkeld to hald ane marcat and publict fair within and about the said citie within the fredome thairof, to begin yeirlie heireftir upoun Monunday eftir Mertymes day, being the ellevint day of November, and thaireftir to continew for the space of aucht dayes with the haill jurisdictionis, fredomes, toll and customes of the samyn.
[1605/6/82]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, considering that his majestie, upoun gude and godlie respectis tending to the publict weill of this realme, hes erectit ane grammerschole within the citie of Dunkeld and, for the sustentatioun of the maister and teacher of the youth within the samin, his hienes hes dotit and disponit certane annuallis rentis and dueteis specefeit in the foirsaid erectioun, quhilk erectioun his majestie, be his hienes chartour under the great seall maid with advyse of his officiaris of estait, hes ratefeit and appreveit, as in the said erectioun and chartour of ratificatioun at lenth is contenit. And as the said erectioun wes maid for gude respectis to the glorie of God and commoun weill of the realme, sua his majestie and estaittis foirsaidis ar nawayes willing that his hienes godlie deid sall be alterit or diminissit ony maner of way in tyme cumming, thairfoir oure said soverane lord and estaittis foirsaidis hes ratefeit and approvin and, be the tennour heirof, ratefeis and appreves the foirsaid erectioun and his hienes confirmatioun thairof abonespecefeit, in all and sindrie the heidis, clauses, articlis and circumstances thairof thairin mentionat, eftir the forme and tennour of the samyn in all pointis; and his majestie and estaitis foirsaidis willis, grantis and declaris that the erectioun and gift abonespecefeit is and sall be ane sufficient richt to the maisteris of the foirsaid grammer schole present and to cum for ressaveing and uplifting of the rentis and dueteis dotit thairto, conforme to the tennour of the said erectioun in all pointis, nochtwithstanding quhatsumevir act or statute maid in the contrair, declaring all actis and statutis maid to the hurte and prejudice of the yeirlie rent dotit to the sustentatioun of the said grammer schole in that point thairof to be null.
[1605/6/83]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, considering how necessar it is for the weill of Scotland that the castell of Dunbartane, quhilk is the key and speciall hald of that pairt of oure cuntrey, be intertenyit, thairfoir oure said soverane lord, with advyse and consent of the saidis estaittis, hes ratefeit and approvin and, be the tennour heirof, for his hienes and his successouris, ratefeis, appreves and perpetualie confermis the lettres of gift and dispositioun maid, gevin and grantit be oure said soverane lord, with advyse of his majesties cousing and counsaillour David, lord of Scone, comptroller to the captane, constable and keiparis of the said castell of Dunbartane present and to cum and thair successouris, off all and haill the fewfermes, proffeittis and dueteis of the landis of the Ile of Bute, lyand within the schirefdome thairof, extending to ellevine chalderis, fyftene bollis beir, ten chalderis of aittis, tuentie four bollis of meill, ane hundreth fourtie pundis silver maill and fourtie ane sufficient merkis to be uptakin be thame fra the fewaris, tennentis and possessouris of the landis of the Ile of Bute at the termes of payment useit and wont, as the foirsaidis lettres of gift, assignatioun and dispositioun thairin contenit, past under his hienes privie seall of the date at Quhythall, the last day of December, the yeir of God jM vjC and four yeiris, in thame selffis at mair lenth proportis in all and sindrie pointis, heidis, articlis, clauses, circumstances and conditionis thairof; and findis, decernis and declaris the foirsaidis lettres of gift, assignatioun and dispositioun thairin contenit to be ane perfyte, sufficient and valide richt and securitie to the captane, constable and keiparis of the said strenth and castell of Dunbartane present and to cum and thair successouris for bruiking and joising of the foirsaidis fewfermes and utheris dueteis thairin contenit, and that for all the dayes and termes sen the date thairof, and siclyk yeirlie and termelie in all tymes cumming siclyk and als frelie in all respectis as gif the fewfermes, silver maill and utheris dueteis exprest in the saidis lettres of gift had bene assignit be ane speciall act and statute of parliament for keiping of the said castell of Dunbartane, nochtwithstanding quhatsumevir act of parliament, statute or constitutioun maid in this present parliament or at ony tyme of befoir, quhilkis sall nawayes be hurtfull nor prejudiciall to the foirsaid lettres of gift, nor mak dirogatioun thairto in ony sorte; and willis and grantis that this present confirmatioun is and sall be of als great strenth, force and effect as gif the saidis lettres of gift had bene word be word ingrossit and insert heirin, quhairanent oure soverane lord, with advyse foirsaid, be thir presentis, dispenses; lyk as oure said soverane lord, with advyse and consent foirsaid, be the tennour heirof, statutis and ordanis that the foirsaidis fewfermes of victuall and silver maill and martis comprehendit in the foirnameit lettres of gift sall remane and abyd in all tyme cumming with the captane, constable and keiparis of the said strenth and castell of Dunbartane for sustening of thair charges in keiping thairof. Attoure oure said soverane lord and estaittis foirsaidis ratefeis, appreves and confermis the act of parliament maid in his hienes nynt parliament haldin at Edinburgh, the tuentie twa day of August, the yeir of God jM vC fourscoir four yeiris, anent the money and victuall assignit to the keiping of the castell of Edinburgh, Striviling, Dunbartane and Blaknes, insafar as the foirsaid act of parliament is extendit to the maillis, fermes, proffeittis and dueteis of the landis of Cardross and Mekill Cumray, to the pensioun, ferme, meill of Kirkpatrik and fyve hundreth and fyftie merkis out of the superplus of the thriddis of the benefices assignit for keiping of the said castell of Dunbartane and ordanit be the tennour of the samin act to remane and abyd in all tymes cumming with the captanes and keiparis of the said castell of Dunbartane for sustening of the charges of thair offices.
[1605/6/84]*[print] [email] [cite] [preceding] [following]
Forsamuche as in the annexatioun of the landis of Scone to oure soverane lordis crowne, the same be falling in his hienes handis by the foirfaytour of the late traytour Erle of Gowrie, speciall exceptioun wes maid furth thairof of the landis of Nather Leif, pertening heretablie to George Hay, gentilman of his majesties privie chamber, and of the landis of Nather Duirdy, pertenig to Maister Petir Hay, and of the teyndis and teyndscheves of the saidis landis, and that for speciall infeftmentis to be gevin to the saidis George and Maister Petir of the samin, to be haldin of oure soverane lord by thame as his hienes immediat tennentis and vassellis of the samin; thairfoir oure said soverane lord and estaittis of parliament presentlie conveyned ratefie and appreve the said exceptioun maid frome the said annexatioun and infeftmentis following thairupoun, declairing heirby that the saidis George and Maister Petir Hayes, thair airis, successouris and assignais, heretable proprietaris of the saidis landis and teyndis, sall, in all tymes heireftir, be immediat tennentis and vassellis to his majestie, nochtwithstanding quhatsoevir gift grantit by oure said soverane lord, ather of the few or blenche duetie of the saidis landis, or utherwayes of the landis thame selffis, oure soverane lord and estaitis heirby declaring that, nochtwithstanding ony grant maid to the contraire heirof, the saidis George and Maister Petir and thair foirsaidis heretable proprietaris sall remane evir in all tyme heireftir immediat tennentis to oure said soverane lord and his hienes successouris. At Grenweich, the xxiiij day of Maii jM vjC and sex yeiris.
[1605/6/85]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament ratefeis, appreves and perpetualie confermis the letter of tak and assedatioun maid and sett be Francis, sumtyme erle Bothuell, than commendatar of Kelso, to Edward Maxwell, eldest lauchfull sone to Schir James Maxwell of Calderwood, knycht, for all the dayes of the said Edwardis lyfetyme, and eftir his deceis to his airis and assignais for the space of nynetene yeiris, of all and sindrie the teyndis, baith personage and vicarage, of the parochkirk and parochin of Carluk; and als the letter of tak and assedatioun contenand ane express ratificatioun of the former tak maid and sett be umquhile Johne, lord Thirlistane, commendator of Kelso for the tyme, to the said Edward Maxwell and his foirsaidis for the space abonewrittin, off all and sindrie the foirsaidis teyndis, baith personage and vicarage; and siclyk the thrid letter of tak ratefeand and apprevand the tua former letteris of takkis sett and maid be Williame, now commendatar of Kelso, with consent of Andro Ker of Romannogrange, his iconymus, to the said Edward Maxwell and his foirsaidis for the spaces and yeiris abonerehersit, off all and sindrie the samin teyndis, baith personage and vicarage, of the said parochkirk and parochin of Carluik, as the samin letter of tak and assedationis and ratificationis thairof in thame selffis at mair lenth proportis, in all and sindrie pointis, heidis, articlis, clauses, circumstances, conditionis and provisionis insert and contenit in the foirnameit letteris of tak and ratificationis, or ony of thame; and findis, decernis and declaris the foirsaidis letteris of takkis and ratificatiounes thairof to be gude, valide and sufficient richtis to the said Edward Maxwell and his foirsaidis for bruiking and joising of the saidis teyndis, baith personage and vicarage, during the haill space, tymes and yeiris thairin mentionat; and willis and declaris this present ratificatioun and confirmatioun thairof to be of als great strenth, force and effect to the said Edward Maxwell and his foirsaidis as gif the saidis letteris of takkis and ratificatiounes thairof wer word be word insert heirin; quhairanent his majestie, with advyse foirsaid, for now and evir be thir presentis dispenses.
[1605/6/86]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament findis and declaris that the infeftment of fewferme maid to his hienes trustie servitour Barnard Lyndesay, ane of his majestie gromes of bedchamber, off the landis and boundis callit the Kingis Work in Leyth, with houses, biggingis, partis, pendiclis and pertinentis quhatsumevir contenit in the said Barnardis infeftment of the samin, to be gude, valide and sufficient to the said Barnard for bruiking and injoying of the samin; and oure said soverane lord and estaittis foirsaidis declaris and ordinis the said Barnard his infeftment to be als lauchfull and valiable to the said Barnard, his airis and assignais as gif thair had precedit ane speciall dissolutioun of the annexatioun of the said Wark and houses of Leith to the crowne, gif ony sic be, befoir the granting of the said infeftment, quhilk oure soverane lord and estaittis foirsaidis findis to be sufficientlie supplyit by this present act and ordinance.
[1605/6/87]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament presentlie convenit ratefeis, appreves and confermis that letter of gift and pensioun grantit be his majestie to his trustie counsaillour Schir Alexander Stratoun of Laurenstoun, knycht, for all the dayes of his lyfetyme, of the blenche duetie of the lordschip of Scone, extending to ane thowsand merkis Scottis be yeir; and declaris that the samin sall be ane sufficient and valide richt to the said Schir Alexander for bruiking and injoying of the said yeirlie pensioun be himself, his factouris or assignais in all tyme cumming during his lyfetyme without ony retractioun quhatsumevir.
[1605/6/88]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament ratefeis, apprevis and confermis the chartour and infeftment under the great seall, maid and grantit be his hienes, with advyse of his majesteis thesaurar and collectour generall, to Alexander Maghie of Balmaghie and his airis maill and of tailyie thairin specefeit, off all and haill the landis and baronie of Levingstoun and sextene schilling, aucht penny land of Slogarrie, with the advocatioun, donatioun and richt of the patronage of the personage and vicarage of the kirk and parochin of Balmaghie, all lyand within the stewartrye of Kirkcubright, as the said infeftment of the date at Edinburgh, the tuentie nynt day of Maii last bipast 1606 yeiris at mair lenth proportis, in all and sindrie pointis, passes, heidis, articlis, clauses, provisionis, privileges and conditionis quhatsumevir thairin contenit. And oure said soverane lord and estaittis foirsaidis declaris that the foirsaid infeftment sall stand ane effectuall richt and securitie to the said Alexander Maghie, his saidis airis maill and of tailyie thairin mentionat, for bruiking and joising of the landis, baronie, patronages and utheris particularlie thairin specefeit, eftir the forme and tennour thairof in all pointis, and be als valide and sufficient as gif the samin had bene at lenth word be word ingrossit heirintill.
[1605/6/89]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis convenit in this present parliament, haveing consideratioun of the gude and thankfull service done to his hienes be his lovit Schir Michell Balfour of Balgarvy, knycht, in mony respectis, bot namelie in provisioun be his labour, travell and expenses of this his hienes kingdome of Scotland with gude and sufficient armour transportit be him out of forane cuntreyis, being specialie imployit to that effect, quhilk armour wes nocht onlie imbrocht be the said Schir Michell, but also ane gude pairt thairof ressavit be his hienes to his majesteis behuif, the price quhairof extendis to the sowme of fyve thowsand merkis usuale money of Scotland. And his hienes being willing to have the said Schir Michell provydit be sufficient securitie for payment of the said sowme, and knawing perfytlie that the said Schir Michell, be infeftment of fewferme grantit be his hienes predecessouris to quhome he succeddis of the landis of the Star, with the pertinentis, lyand within the schirefdome of Fyf, is oblist to pay yeirlie to his majestie and his successouris the sowme of ten pundis money of this realme, tuentie aucht bollis quheat, threttie ane bollis, tua firlottis, tua pairt firlott beir, tua dossone of capones, four dossone of pultrie for the fewfermes and dueteis of the saidis landis of Star, with the pertinentis, his hienes and estaittis foirsaidis, for his better securitie of the said sowme and payment of the annualrent justlie addebtit thairfoir ay and quhill the wedsett eftirmentionat be lauchfullie redemit, hes thocht meit and expedient that the fewfermes of the saidis landis of Star sall be wodsett be his hienes to the said Schir Michell, his airis and assignais ay and quhill they be lauchfullie payit of the said sowme of fyve thowsand merkis and to be peciablie bruikit and joisit be him in the mentyme in satisfactioun of the annualrent justlie addebtit for the said sowme under reversioun, alwayes contenand the said sowme of fyve thowsand merkis for redemptioun of the saidis fewfermes quhilk is leist hurte to his majestie and his patrimonie, the saidis fewfermes being alwayes redimable be his hienes and his successouris fra the said Schir Michell and his foirsaidis. And for the said Schir Michell his better securitie of the said wedsett, his hienes and estaittis foirsaidis hes dissolvit and presentlie dissolvis the saidis fewfermes of the landis of Star fra the annexatioun maid of his hienes propirtie to the crowne, lawes and constitutionis maid thairanent, to the effect the said wedsett may tak full effect in the persone of the said Schir Michell and his foirsaidis and all lauchfull securitie to be maid and expede to him thairupoun; and inrespect thairof, his hienes and estaittis foirsaidis, as alsua with express consent and assent of David, lord of Scone, his hienes comptroller, ordanis ane chartour to be maid under his hienes great seall in dew forme in favouris of the said Schir Michell and his foirsaidis, makand mentioun of the said wedsett and expreslie giffand, grantand and disponand to the said Schir Michell, his airis and assignais all and haill the saidis fewferme dueteis of the saidis landis of Star, extending to the quantitie abonespecefeit, and that in satisfactioun of the yeirlie annuelrentis justlie addebtit for the said sowme of fyve thowsand merkis during the non redemptioun thairof, redimable alwayes be his hienes and his successouris be payment of the said principall sowme of fyve thowsand merkis to the said Schir Michell and his foirsaidis, to be haldin be the said Schir Michell and his foirsaidis, all and sindrie the saidis fewferme dueteis, extending yeirlie for the saidis landis of Star to the sowme of ten pundis money foirsaid, tuentie aucht bollis quheat, threttie ane bollis, tua firlottis, tua pairt firlott beir, tua dossone of capones and four dossone of pultrie, off oure soverane lord and his successouris in frie heretage and frie blenche ferme for evir, frelie, quietlie etc., but ony revocatioun etc., gevand thairfoir, the said Schir Michell and his foirsaidis, to oure soverane lord and his successouris ane penny usuale money of this realme at the terme of Witsonday yeirlie upoun the ground of the saidis landis in name of blenche ferme, gif it beis askit, alanerlie; provyding alwayes (lyk as his hienes and estaittis foirsaidis, with advyse foirsaid, ordanis the provisioun eftir mentionat to be insert in the said chartour) that howsone or at quhat tyme it salhappin his majestie or his successouris to thankfullie pay and delyver to the said Schir Michell, his airis or assignais, upoun ane day betuix the sone rising and dounpassing thairof befoir the feist of Witsonday or Mertymes in numerat money the foirsaid sowme of fyve thowsand merkis within the paroch kirk of Sanctgeill in Edinburgh, than, and in that caise, the said Schir Michell and his foirsaidis sall be haldin to resigne, renunce, quitclame and overgif to his hienes and his successouris the saidis fewferme dueteis of the landis of Star, with the pertinentis, togidder with the said infeftment and securitie foirsaid, with all utheris chartouris, preceptis, instrumentis of seasing and utheris securiteis quhatsumevir of the saidis fewfermes, with all richt clame of richt quhilk he hes or may pretend thairto in tyme cumming, the premonitioun and warnig to be maid to the said Schir Michell and his foirsaidis for making of the said redemptioun to procede upoun fourtie dayes warning befoir the feistis of Witsonday or Mertymes, and that he and his foirsaidis be lauchfullie warnit thairto, ather personalie apprehendit or at thair duelling places in presens of ane notar and witnesses as efferis, and the said Schir Michell and his foirsaidis sall nawayes fraudfullie absent thame selffis fra the ressait of the said sowme; and incaise of thair absence or refusall, the consignatioun to be in the handis of the thesaurar or dene of gild of the said burgh to the effect the samin may be furthcummand to the utilitie and proffeitt of the said Schir Michell and his foirsaidis. And forder, his hienes and estaittis foirsaidis, with advyse foirsaid, findis and declaris that the foirsaid infeftment, or ony uther infeftment to be purchessit heireftir according to this present securitie, sall be valide and sufficient richtis and titillis to the said Schir Michell and his foirsaidis for bruiking and joising of the saidis fewferme dueteis of the saidis landis of Star, with the pertinentis, ay and quhill the lauchfull redemptioun thairof be payment of the said sowme of fyve thowsand merkis, nochtwithstanding of quhatsumevir law, statute or constitutioun maid or to be maid in the contrair, renunceand for him and his saidis successouris all exceptioun that may be proponit thair aganis, and dischargeing his hienes advocat, present and to cum, to compeir in the contrair and of his office in that part. And finalie that this present securitie and infeftment foirsaid to be expede thairupoun sall be ane als sufficient exoneratioun to the said Schir Michell and his foirsaidis anent the yeirlie payment of the saidis fewfermes, as gif the samin wer yeirlie payit to his hienes comptroller and his deputtis and yeirlie acquittances reportit thairupoun, and ordinis lettres to be direct heirupoun in forme as efferis.
[1605/6/90]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament convenit and haldin within his majesteis realme of Scotland, understanding that it is necessar that the haill landis lyand waist of his majesteis propirtie, quhairof his majestie ressaves na yeirlie proffeitt, be sett in fewferme heretablie to sic persones as will gif maist; thairfoir, for the augmentatioun of his majesteis propir rent within this realme, hes with ane advyse and consent be thair decrete in parliament dissolvit and, be the tennour of this present act, dissolvis frome his majesteis crowne and patrimonie of the samin, all and haill the hillis of the Lowmoundis and mures of Falkland, with the propir pairtis and pertinentis thairof, annexit of befoir to his hienes crowne and patrimonie thairof, now and in all tyme heireftir to remane separat and dissolvit frome all former annexatiounis thairof, to the effect the samin may be sett in fewferme heretablie, in haill or in pairt, to sic persone or persones as will gif maist thairfoir in augmentatioun of his majesteis propir rent.
[1605/6/91]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, remembering that his richt traist cousing and counsaillour Francis, erle of Erroll, lord Hay, greate constable of his majesteis realme of Scotland, is laitlie discendit of his hienes bloode, and that his umquhile richt traist cousing and counsaillour Andro, erle of Erroll quha last deceissit, father to the said Francis, eftir his age of threscoir yeiris, did compleit mariage with Maistres Agnes Sinclair, dochter to umquhile George, erle of Caithnes, upoun ressonable conditionis mentionat in the contract of that mariage and litill to the decay of his estait, bot the said erle and the said Maistres Agnes, continewing a certane space togidder, scho tuk occasioun be his infirmitie and waik judgement, he being than nocht so solide as wes necessar for the weill of his estait, to invent and devyse mony fraudfull meanis in the hurte and prejudice of the airis and successouris of the first mariage in thair successioun to the said erledome of Erroll, office of constabularie and landis and leving of the samin, specialie be a great number of inventit and colourit bandis and obligationis, charteris, preceptis and instrumentis of seasing of a great pairt of the foirsaid erldome and landis thairof, to hirself and the successioun procreat of the said secund mariage, tending to the perpetuall wrak and destructioun of the said ancient and nobill house of Erroll, quhilk mony ages of befoir had continewit a nobill famelie and haill leving; and the secreittis of the saidis pernicious inventionis pairtlie cumming to licht and revelit unto his hienes, being within the realme of Scotland at sindrie tymes in the yeir of God jM vC fourscoir thre yeiris, his majesteis effectioun towardis the said erldome moveit his hienes to be mair cairfull in his duetie in the conservatioun and mantenance of the honorabill estait thairof; at the quhilk tyme his hienes enterit in tryell quhat had bene inventit and done to the hurte and prejudice of the estait of the said erledome, and eftir lang inquisitioun and tryell a great pairt of the saidis fraudulent inventionis wer disclosit and mony of the controverseis that mycht aryse betuix his hienes richt traist cousing and counsaillour Francis, now erle of Erroll, and the said umquhile Andro, his father, Dame Agnes Sinclair, his spous, and thair bairnis of the said secund mariage wer appeisit and pacefeit, as at mair lenth is contenit in ane decrete arbitrall gevin and pronuncit be oure said soverane lord upoun the [...] day of December, the yeir of God jM vC fourscoir thrie yeiris, and in ane declaratioun maid thaireftir, upoun the tuentie fyft day of Marche, the yeir of God jM vC fourscoir four yeiris, off certane obscure clauses contenit in the samin decrete, quhairby oure said soverane lord, the said Francis, erle of Erroll and freindis of his house thocht thame void of ony uther fraudfull inventioun to be devysit be the said Dame Agnes at ony tyme thaireftir, and that all questionis and controverseis that mycht follow wer alluterlie bureit be the said decreit arbitrall and declaratioun, be the quhilkis thair wes a perfyte reull sett doun quhat suld abyd with the airis and successouris of the said erle, and quhat suld be gevin for supporte of all the bairnis baith of the first and secund mariage, and quhat sould remane with the said Dame Agnes for hir lyfetyme; bot scho perseverand mair and mair in hir malice and incurageing hir self, be the detriment of hir said husbandis wit and judgement in his aige, moveit him to subscryve with his hand a great number of blankis, sum in parchement and sum in paper, quhilkis the said Dame Agnes hes in hir handis, at the leist hes fillit the samin, or sum number thairof, as scho hes thocht gude for hir awin commoditie and of hir bairnis procreat of the said secund mariage, or utheris hir speciall friendis and kynismen for thair weill and commoditie directlie, or as immediat persounes quhilkis micht transmit in hir foirsaidis bairnis or utheris; and being laitlie persewit at the instance of the said Francis, erle of Errol, befoir the lordis of counsaill and sessioun within this realme for productioun and exhibitioun of auchtene blankis, sum in paper and sum in parchement, subscryvit be the said umquhile Andro, erle of Erroll, quhilkis wer delyverit in hir handis, and scho had the samin, at the leist had fraudfullie put the saidis blankis away, and the said Dame Agnes, hir haill defenses and ressonis proponit in that mater being repellit, the summondis wes admittit to the said Francis, erle of Errole, his probatioun. And becaus the mater grew with so great a consequence, and that the said Dame Agnes, in presens of the saidis lordis, maid mony and terribill contestationis be hir aith that scho nevir had nor saw ony blankis subscryvit be the said umquhile erle, hir spous, the lordis wer moveit to declair that the said summondis suld be provin aganis hir be a sufficient number of witnesses that sould be nocht onlie omni exceptione majores, bot everie witnes that suld depone in that mater suld be valiant in land and geir ane thowsand merkis money of Scotland; upoun the quhilk persute the saidis lordis of counsaill and sessioun, eftir examinatioun of mony witnesses of the qualitie contenit in the said declaratioun, and eftir the sicht of mony wryttis and evidentis producit be the said Francis, erle of Eroll for probatioun of his said summondis, hes pronuncit and gevin thair decrete upoun the [...] day of Merche, the yeir of God jM vjC and sex yeiris in favouris of the said Francis, erle of Errole, aganis the said Dame Agnes, decerning hir to exhibit and produce befoir the saidis lordis sewin of the saidis auchtene blankis, off the quhilkis sewin thair ar four in paper and thrie in parchement, and eftir the exhibitioun thairof, to delyver the samin to the said Francis, erle of Errole and his successouris in the said erldome, to be cancellat and destroyit or utherwayes useit be thame at thair plesure. Yit, nochtwithstanding of all the premisses and decrete befoir specefeit, the doubtis and questionis of the damage and interes that may fall to the said Frances, erle of Erroll and his successouris in the said erldome ar nocht takin away, bot the samin remanis to importe the extreme perrell and danger for the said wrak and ruyne of the said house and erldome of Erroll throw the multitude of the saidis blankis and the generaliteis of the subjectis and materis quhairwith the samin may be fillit, and throw the infinit persones in quhais favouris the samin may be fillit, nane of thame haveand ony determinatioun, designatioun or inscriptioun for the quhilk they wer destinat, except there be sum uther remede competent be the law quhairby it may certanelie be knawin quhat is becum of all the saidis blankis, quhidder they be fillit or yit standing blank, and gif they be fillit to knaw with quhat mater or subject. And thair being sindrie remedeis for that purpose, oure soverane lord, with advyse of his thrie estaittis of parliamentis, hes thocht this remede eftirmentionat to be verie propir for a beginning to the effect foirsaid, and thairfoir have ordanit and directit and, be the tennour of thir presentis, ordanis and directis the lordis of his majesteis counsaill and sessioun within the said realme of Scotland, supreme judges in all causes and actionis civile, to gif and grant lettres at the instance of the said Francis, erle of Eroll, his airis and successouris of the said erldome, and at the instance of his hienes advocat now present, or that sall be for the tyme, sa oft and in quhat maner and libell the said Francis, erle of Eroll and his successouris and oure said soverane lordis advocat for his majesteis interes sall require aganis quhatsumevir persone and persounes, generall or speciall, as they sall pleis, to compeir befoir the saidis lordis at the dayes and places to be appointit in the said summondis, with continewatioun of dayes, chargeing thame in generall or be thair names as the summondis sall beir, to exhibit and produce quhatsumevir contractis, bandis and obligationis, indentouris and appointmentis, infeftmentis, chartouris, preceptis, instrumentis of seasing, confirmationis and ratificationis thairof, procuratreis and instrumentis of resignatioun maid alsweill in favouris of quhatsumevir uther persone for new infeftment, as maid be the said umquhile Andro, erle of Eroll in his superiouris handis ad perpetuam remanentiam, reversiounes, assignatiounes to reversiounes, bandis and obligationis for making and delyvering of reversionis, renunciationis and granting of redemptionis, discharges and renunciationis of reversionis, takkis, assedationis and rentallis, and all utheris wryttis and securiteis of quhatsumevir forme or qualitie maid and subscryvit be the said umquhile Andro, erle of Erroll at ony tyme fra his birth to his deceis, concerning the landis, lordschip and baronie of Slaynis, annexis, connexis, pairtis, pendiclis and pertinentis of the samin, and the said office of great constabularie within the realme of Scotland, and als of the landis, lordschip and baronie of Errole, with annexis, connexis, pairtis, pendiclis, and pertinetis or ony pairt of the samin, and of the lordschip and baronie of Logy Almond, regalitie thairof, or ony pairt of the samin, ather in propirtie or tennandrie, with advocatioun, donatioun and richt of patronage of quhatsumevir kirkis, chaplanreis and alterages pertening to the said erldome, and siclyk to produce and exhibit quhatsumevir takkis, assedationis and assignationis to takkis and assedationis of quhatsumevir teindis, personages and vicarages quhilkis pertenit to the said umquhile Andro, erle of Erroll, and siclyk to exhibit and produce quhatsumevir bandis and obligationis allegeit maid be the said umquhile erle to quhatsumevir persounes, subscryvit with his hand, oblissing him for sowmes of money or doing and perfyting of ony uther deid quhairupoun actioun micht be foundit aganis his airis and successouris in the law, to be sene and considerit be the saidis lordis, and to heir and sie the samin civilie improvin as accordis of the law; and that the persones to be specialie callit to the effect foirsaid, being within the realme of Scotland, sall be summond personalie or at thair duelling places, and that sic utheris as sall be specialie callit and sall be furth of the realme sall be summond at thair duelling places quhair they maid thair residence befoir thair depairting, and at the marcat croces of the heid burghis of the schyres quhair they duelt, and at the mercat croces of Edinburgh, peir and schore of Leyth. And gif ony utheris that ar generalie to be summond becaus it can nocht be certane to the said Francis, erle of Erroll and oure said soverane lordis advocat for quhat effectis the saidis blankis or ony of thame ar or may be fillit, the generall sumondis sall be execute upoun thriescoir dayes warning at all the heid burghis of the schires within the realme of Scotland, and at all the heid burghis of all the regaliteis, stewartreis and bailleries within the samin, upoun the quhilk summondis the saidis persones generalie to be summond, or that sall be absent furth of the realme, howbeit they be absent animo remanendi, sall be answerable to the jurisdictioun of the saidis lordis of counsaill and sessioun ratione rei de qua agitur in sic sorte as upoun the secund summondis; the saidis persones quha sall be generallie summonit and specialie sall be haldin to exhibit and produce all and quhatsumevir contractis, bandis and obligationis foirsaidis, indentouris and appointmentis, infeftmentis, chartouris, preceptis, instrumentis of sensing, confirmationis and ratificationis thairof, procuratoreis and instrumetis of resignatioun, maid alsweill in favouris of quhatsumevir uther persone for new infeftment as maid be the said umquhile Andro, erle of Erroll in his superiouris handis ad perpetuam remanentiam, reversionis, assignationis to reversionis, bandis, obligationis for makeing and delyvering of reversiounes, renunciationis and granting of redemptionis, discharges and renuciationis of reversionis, takkis, assedationis and rentallis and all utheris wryttis, evidentis and securiteis quhatsumevir, of quhatsumevir forme, tennour and qualitie maid and subscryvit be the said umquhile Andro, erle of Erroll at ony tyme fra his birth to his deceis, concerning the saidis landis, lordschip and baronie of Slaynis, annexis, connexis, partis, pendiclis and pertinentis of the samin, and the said office of great constabularie within the said realme of Scotland, and als all and haill the saidis landis, lordschip and baronie of Erroll, with annexis, connexis, pairtis, pendiclis and pertinentis thairof, or ony pairt of the samin, and of the lordschip and baronie of Logy Almond, regalitie thairof, or ony pairt of the samin, ather in propirtie or tennendrie, with advocatioun, donatioun and richt of patronage of the kirkis, chaplanreis and alterages pertening to the said erldome; and siclyk to exhibit and produce quhatsumevir takkis, assedationis or assignationis of takkis of quhatsumevir teyndis, personages or vicarages quhilkis pertenit to the said umquhile Andro, erle of Erroll, maid be him to quhatsumevir persones, and siclyk quhatsumevir bandis or obligationis allegeit maid be the said umquhile Andro, erle of Erroll to quhatsumevir persones, subscryvit with his hand, bindand and oblissand him for sowmes of money or doing or perfyting of ony uther deid quhairupoun actioun may be foundit aganis his airis or successouris in law, according to the forme and ordour foirsaid, to be sene and considerit be the saidis lordis, and to heir and sie the haill wryttis and evidentis in forme and qualitie as they ar befoir specefeit or of quhatsumevir uther forme, tennour or qualitie subscryvit be the said umquhile Andro, erle of Erroll generalie or specialie, to be improvin as accordis of the law, with certificatioun to the foirsaidis persones, generalie and specialie, that gif they failyie in productioun thairof as said is, the samyn sall be decernit and declarit to mak na faith in judgement nor outwith in ony tyme thaireftir. And forder that the saidis persones in generall and speciall sall nevir be hard to move actioun, cause or questioun be vertue thairof aganis the said Francis, erle of Erroll, his airis and successouris, or be vertue of ony of the saidis wryttis, evidentis, infeftmentis and utheris quhatsumevir of the qualitie and forme abone expremit or quhatsumevir uther tennour or qualitie the samyn be of, subscryvit be the said umquhile Andro, erle of Errole, directlie or indirectlie to the prejudice of the said Francis, erle of Erroll, his airis and successouris, concerning the saidis landis, lordschippis, baroneis, offices, advocatioun and donatioun of benefices, propirtie and tennendrie thairof, or for ony sowmes of money or fulfilling of ony deid contenit in ony band, contract or obligatioun foirsaid, or for ony teindis, rowmes and possessionis pertening to the said erle, quhilk ordour of proces oure soverane lord, with advyse of his thrie estaittis, hes fundin and declarit and, be the tennour of thir presentis, findis and declaris to be in the self just and lauchfull to all constructiounes for the effect foirsaid, affermand the samin be the authoritie of this present parliament that na persone sall be heireftir hard to impugne the samin, bot in this caise and quhan ony siclyk occurris, the samin sall stand for a law and statute immutable.
[1605/6/92]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, for certane causes and considerationis moveing thame, hes thocht meit and expedient at the desyre of Williame, maister of Murray of Tullibardin, to alter and change the name of the landis and baronie of Trewin pertening to him in the name of Earne; and statutis and ordinis the saidis landis and baronie now callit Trewin to be callit in all tyme cumming the landis and baronie of Earne.
[1605/6/93]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament ratefeis and appreves the gift of the office of clerkschip of the collectorie gevin, grantit and disponit be his majestie to Maister Johne Drummond, servitour to Alexander, erle of Dunfermeling and chancellar of this realme, with all feis, casualteis, dewteis, pensionis and quhatsumevir his majestie hes disponit to him belanging thairto, to be brukit and joisit be him during his lyfetyme siclyk and als frelie as ony uther clerk of collectorie had, hes or sall be knawin to have bruikit the samin and utheris foirsaidis in ony tyme bigane; and decernis and declaris the foirsaid gift of the said office to be effectuall and valide to the said Maister Johne in all heidis, articlis and clauses thairof, to the effect the said office and utheris abonespecefeit may be possessit be him but impediment or contradictioun during his lyfetyme as said is; and declaris that the saidis pensionis disponit to the said Maister Johne for discharge of the said office sall eftir the deceis of the said Maister Johne returne and accresce to the bischop of Ross and his successouris as a propir pairt of the patrimonie of the said bischoprik and sall nawayes appertene to the said clerkschip of collectorie as a pairt of the fie or duetie of the samin in ony tyme heireftir.
[1605/6/94]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the thrie estaittis of this present parliament, ratefeis and confermis the gift and dispositioun thairin contenit maid, gevin and grantit be his hienes under the privie seall to Schir Johne Arnochte, thesaurar depute, and Margaret Craig, his spous, and the langer levand of thame twa, to bring in yeirlie within this realme of Scotland be thame selffis, thair friendis, factouris and servitouris in thair names, threttie twnis of wyne frie, but payment of ony kynd of impost, custome or uther duetie to be payit be thame thairfoir, as the said gift of the date at Quhithall, the tuentie sext day of October, the yeir of God jM vjC and four yeiris, at mair lenth proportis; quhilk gift and dispositioun thairin contenit as said is, oure soverane lord, with advyse foirsaid, decernis and ordinis to be of als great force, strenth and effect as gif the samin wer insert heirin word be word; quhairanent his hienes be this present act dispenses.
[1605/6/95]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estaittis of this present parliament, for the gude, trew and thankfull service done to his majestie be his servitour Johne Arnochte, burges of his hienes burgh of Edinburgh, and for diverse utheris great respectis and gude considerationis moveing his majestie and the saidis estaittis, hes ratefeit, apprevit and confermit and, be the tennour heirof, for his hienes and his successouris, ratefeis, appreves and confermis the chartour and infeftment, with the precept and instrument of seasing following thairupoun, venditioun and alienatioun in thame contenit, maid, gevin and grantit be Patrik, erle of Orknay, lord Yetland, to the said Johne and Margaret Craig, his spous, and thair airis specefeit thairin, with consent and assent of Dame Margaret Levingstoun, his spous, off all and haill the landis and ilis of Birsay, Sandwick, Hoy, Wallis and Southrounaldsay, Schappinschaw, Deirnes, Sanday, Stronissay, Egilsay, Rowsay and Northrounaldsay, with the houses, biggingis, yairdis, castellis, touris, fortalices, orchardis, doucattis, mylnis and multuris quhatsumevir pertenig thairto, with all thair pertinentis, all lyand in the mayne land and ilis of Orknay, within the schirefdome of the samin, with the annexatioun and unioun contenit in the said infeftment, with all clauses specefeit and contenit thairin. And his majestie and estaitis foirsaidis of this present parliament decernis and declaris that the generalitie heirof sall be als effectuall in all respectis as gif the foirsaid haill chartour, infeftment, precept and instrument of seasing following thairupoun wer at lenth word be word insert heirin, dispensand thairanent be thir presentis. As lykwyis his majestie, with advyse of the saidis estaittis of parliament, willis and grantis, and for his hienes and his successouris, decernis and ordinis that the infeftment, richt and titill maid be the said Patrik, erle of Orknay, with consent of his said spous, to the said Johne Arnochte, his spous and thair airis foirsaidis, in respect of this present ratificatioun and approbatioun thairof, sall be ane gude and sufficient richt and titill to thame in all tyme cumming for bruiking and joising of all and sindrie the landis and ilis abonewrittin, with the houses, biggingis, yairdis, castellis, touris, fortalices, orchardis, doucattis, mylnis, multuris and thair pertinentis, with the haill proffeittis and commoditeis thairof, ay and quhill the lauchfull redemptioun of the samin be payment of the sowmes of money contenit in the last reversioun grantit to the said erle for redemptioun thairof, extending to twa hundreth thowsand merkis money, nochtwithstanding of quhatsumevir lawis, constitutionis, actis of parliament maid anent the annexatioun of the ilis to the crowne, prohibitiounes and provisiounes maid for nocht dispositioun or alienatioun thairof, or quhatsumevir uther constitutioun, cannoun, civill or municipall, quhairupoun the samin may be querrellit or impugnit in tyme cumming, and als nochtwithstanding of quhatsumevir cryme, fact or deid committit be the said Patrik, erle of Orknay befoir or eftir the said alienatioun, as lykwayes nochtwithstanding of the summondis of treassoun intentit aganis him, dispensand thairanent for his majestie and his successouris for evir; dischargeing heirfoir his majesteis advocattis, thesauraris, comptrolleris, collectouris and all utheris his hienes officiaris, present and to cum, of all querrelling, impugning or objecting aganis the richtis titillis foirsaidis maid and grantit to the said Johne, his said spous and thair airis of the landis, ilis and utheris abonespecefeit, with thair pertinentis or ony pairt thairof, in the law nor by the law be ony maner of way in tyme cumming, of thair offices in that pairt for evir be thir presentis, reserveand alwayes to his majestie and his successouris the fewmaillis and dueteis of the foirsaidis landis and ilis useit and wont to be payit to his majesties comptrollaris be the said Patrik, erle of Orknay for the samin of befoir, conforme to the infeftment grantit to the said erle thairupoun alanerlie gevin at Quhythall, the [...]† day of [...] the yeir of God jM vjC and sex yeirs.
[1605/6/96]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estaittis of this present parliament, ratefeis and appreves that gift and letter of pensioun maid and grantit be umquhile Williame, commendatar of Pittinweme, with consent and assent of the metropolitane kirk of Sanctandrous, to Williame Moncreif of that Ilk of ane yeirlie pensioun of twa hundreth and ten merkis yeirlie, to be uptakin and upliftit furth of the first and reddiest of the fruittis and rentis of the said priourie of Pittinweme during all the dayes of the said Williame Moncreiffis lyfetyme; and for sure payment thairof, assignig to him the fewmaillis of Eistir and Wester Rindis, togidder with the teynd scheves of the parochkirk of Rynd extending justlie to the said sowme appointit to be confermit in parliament, as the gift and letter of pension maid thairanent of the date at Pittinweme and Sanctandrous, the aucht and nynt dayes of Februar, jM vC fourscoir foure yeiris in it self at lenth beiris, quhilk haill letter of pensioune, with all clauses and articlis thairin contenit is haldin as repetit and word be word ingrossit thairin, and declaris the samin to be als valide and sufficient as gif the samin wer insert heirin; quhairanet the saidis estaitis dispenses.
[1605/6/97]*[print] [email] [cite] [preceding] [following]
Forsamekle as in this present sessioun of parliament thair is mony ratificationis past quhairin diverse and new clauses ar insert quhilk may be prejudiciall to particular parteis richtis and dirogative to mony and diverse lawes lauchfullie maid and establishit of befoir, albeit the meaning of the estaittis be at this tyme, as it wes evir in all preceding parliaments, that by no act of ratificatioun ony uther pairtie sould be hurte or prejudgeit; for remede quhairof, it is statut and ordanit that na ratificatioun past in this sessioun of parliament sall be prejudiciall to ony privat pairteis richt, bot that the saidis ratificationis be alwayes understude quhidder the samin be generall or speciall to be saving the right of anyone.
[1605/6/98]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estaittis of parliament presentlie convenit, considering the princelie duetie quhilk bindis his hienes in exampill of his maist nobill progenitouris to impairt to his maist loving subjectis sic honour and digniteis as thair meritis and vertuous actis in great services and of proffitable offices to his majestie and the commoun weill justlie requiris, to the end that nocht onlie be gratificatioun of his weill affectionat subjectis they micht continew thair ardour and affectioun in weill, bot als that throw thair exampill the nobill hairtis of his weill qualefeit subjectis may, in tyme cumming, throw hope of ane worthie remuneratioun, be mair prompt and desyrous to serve his celsitude and his successouris, to the advancement of the commoun weill quhairin they wer borne and nurischit. And heirwithall his majestie, perfytlie understanding that his hienes richt trustie and weilbelovit cousing James, now marques of Hammyltoun, is neirlie discendit of his majesteis blude, and that umquhile James, duik of Chatellarault, his gudschir, had the governament and reull of the realme of Scotland during the age pupillar of his majesties umquhile darrest mother, and that he faithfullie and trewlie dischargeit the duetie of his office to the weill of the realme and subjectis thairof, and that for the defence of the libertie of the said realme (than trublit be strangeris) the duikry of Chattellarault, the rent quhairof surmounting be yeir threttie thowsand frankis quhairin he was heretablie investit, was takin frome him and his posteritie be ressone of his assistance gevin to the removeing of the saidis strangeris, forinaris, furth of this realme; and als his majestie, understanding his maist constant and weill affectionat abyding with his hienes umquhile darrest mother foirsaid in mony of the trublis and afflictionis quhairin scho fell, to his great damage and skaith be the banisment of himself and his bairnis, the want of his rentis and leving for mony yeiris, besyd the loss of the lyffis of ane great number of his honorable friendis in defence of hir majesteis querrell; and lykwayes his majestie, considering the promptitude and readines of umquhile Johne, marques of Hammyltoun, father to the said James, now marques of Hammyltoun, to his service at all tymes as he was requirit nocht onlie as ane privat persone, bot als in mony and diverse commissionis of lieutennendrie gevin to him at diverse tymes as the necessitie of the realme requirit, with ane continewall perseverance of his ernestnes and zeall to tak away all dissentionis and seditionis that apperit to aryse within the realme, and safar as in him lay to unite all his majesteis subjectis to his hienes obedience, in the quhilk service he sua respectit his duetie to his majestie and to the weill of the realme that he left nathing undone on his pairt for the advancement thairof, without regaird had to the speciallis of the nobilitie, his neir kynnismen, quhairof his majestie had gude pruif and experience be his faithfull and cairfull attendance upoun his majesteis sacrate persone at diverse perrellous tymes in the feildis; and his majestie, calling to mynd the mony promesis maid be his hienes, nocht onlie in the word of a prince to the said umquhile Johne, marques of Hammyltoun to remunerat the saidis services as occasioun sall be offerrit, bot als be his majesteis letter, all writtin with his hienes hand direct to the said marques to that effect, and be his hienes infeftment under the great seall gevin to the said marques of the landis, lordschip, baronie, leving and regalitie of Aberbrothok as the samin beiris, and now willing to acquitt the said service in the persone and in favouris of the said James, now marques of Hamyltoun, his father being preventit be death, be sic gratificatioun and memorie as is presentlie possibill, and with leist hurte to his hienes crowne of Scotland and patrimonie thairof, and his majestie haveing now be speciall instructionis proponit to the saidis estaittis of parliament the saidis great services, actis and honorable deidis done to his majestie and to his said umquhile darrest mother and to the weill of the realme in particular be the saidis umquhile James, duik of Chattellarault, and umquhile Johne, marques of Hammyltoun, his sone, quhairupoun the saidis estaittis have takin full tryell and verificatioun and they have fundin, tryit, censurit and judgeit, lyk as they presentlie find, censure and judge the samin to be and to have bene great, sene and ressonable causes for the weill of his majestie and of his said realme of Scotland. And als his majestie and estaittis foirsaidis findis, decernis and declaris that his hienes, with thair advyse and consent, may for the saidis sens causes quhilkis they have knawin and tryit to be for the sene weill of his majestie and realme as said is, annalie and dispone ony pairt of the landis annexit to the crowne to the said James, now marques of Hammyltoun, his airis and successouris heretablie, to be haldin in sick maner and for sic service as his majestie pleisis; and to that effect that the annexatioun of they landis to the crowne quhilkis ar to be annaleit and disponit sall be simplicitir dissolvit fra the crowne for evir, that the samin may be annaleit and disponit to the said James, now marques of Hammyltoun, his airis maile and successouris. And the saidis estattis, being ryplie and gravelie advysit quhat his majestie may annalie and dispone with leist detriment to his yeirlie rent and crowne, the saidis estaittis, all in ane voce, have fundin and declarit and, be the tennour heirof, findis and declaris that the temporalitie, propirtie and superiouritie with the fewfermis and pertinentis of the monasterie†of Abirbrothok, being in his majesteis handis be the generall annexatioun of the haill kirklandis of the realme of Scotland to the crowne, togidder with the spiritualitie of the said abbacie, being in his majesteis handis be dimissioun and resignatioun maid thairof be the abbot and convent of the samin, thair lauchfull procuratouris and patent lettres, as the said dimissioun beiris, may with leist detriment to his majestie or hurte to the rent and patrimonie of the crowne of Scotland, for the sene causes abonewrittin, be disponit to the said James, marques of Hammyltoun, his airis male and successouris heretablie in maist ampill forme. And, thairfoir, the saidis estaittis of parliament findis it necessar and expedient that his majestie, be his hienes infeftment to be maid with advyse of his majesteis ordiner officiaris, sall erect, unit, creat and incorporat all and sindrie the landis, baroneis, annualrentis, mylnis, woddis, fischeingis and utheris quhatsumevir pertening to the said abbacie of Abirbrothok, be thair names, in speciall, quhairevir the samin lyis within this realme of Scotland, togidder with the haill spiritualitie of the said abacie, kirkis, teyndscheves and utheris teyndis, fruitis, rentis and emolumentis pertening and belanging thairto, in ane haill and frie lordschip and baronie and estait of ane lordschip of his hienes parliament, and that the samin lordschip and baronie, with all privileges and commoditeis pertening thairto, togidder with the honour, dignitie and estait of ane lord of his majesteis parliament, with the additioun of sick badge and armes as the said James, marques of Hammyltoun sall think expedient, sall be annaleit and disponit for the causes foirsaidis to the said marques, his airis and successouris heretablie, to be haldin of his majestie and his successouris in frie lordschip and baronie with the honour and dignitie of ane lord of parliament for evir. And to that effect his majestie and estaittis foirsaidis of this present parliament dissolvis, annullis and infringis the said generall annexatioun of the kirklandis of this realme of Scotland to the crowne in safar as it may be extendit to the said temporalitie of the said abbacie of Aberbrothok alanerlie, and ordinis the infeftment to be maid heirupoun to be extendit in maist ampill forme, berand ane unioun and incorporatioun of all the particularis in ane haill and frie lordschip and baronie, with ane speciall remitt and discharge, with consent of the collectour generall, of the haill thriddis of the said abbacie of Aberbrothok, alsweill victuall as money, becaus his majestie will be relevit and dischargeit of the sustentatioun of the ministrie of the kirkis thairof, and also to beir and contene provisioun that the said lordschip sall pay all taxationis in tyme cumming with the temporall lordis of the realme for the said temporalitie, comptand the said lordschip to twa hundreth pund land of auld extent, and of new extent to sex hundreth pund land; and that the said marques, his airis male and successouris lordis of the said lordschip sall have thair releif of the saidis taxationis of the heretable tennentis of the saidis landis eftir the rate and quantitie of thair landis sa oft as the saidis taxationis sall occur, and with express pouer to the said marques, his airis and successouris lordis of the said lordschip to retreit and reduce quhatsumevir infeftmentis, richtis and titillis of ony pairt of the saidis landis, teyndis and utheris pertening to the said lordschip for quhatsumevir causes competent of the law with all utheris clauses and provisionis quhilkis sall be neidfull for the said marquis and his airis foirsaidis for bruiking of the said lordschip and baronie. And to the effect foirsaid, his majestie and estaittis of parliament hes suppressit and extinguischit the memorie of the said abbacie of Aberbrothok that thair sall be na successour provydit thairto, nor na farder mentioun maid of the samin in ony tyme heirefter, and to the said alienatioun and dispositioun now as gif it wes alreadie maid and perfytit, and than as now, his majestie and the saidis estaitis of parliament hes interponit and interponis thair consent and authoritie as that deid quhilk is now and sall be in all tymes heireftir estemit and judgeit for the weill of oure said soverane lord and for ane sene proffeitt and commoditie to his crowne and realme of Scotland for evir, reserveand and exceptand alwayes furth of this present act and erectioun foirsaid all regalitie and all privileges thairof possessit be the abbottis and titularis of Aberbrothok of befoir, to remane with oure soverane lord, his hienes successouris and thair crowne inseparablie in all tyme heireftir.
[1605/6/99]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, remembering and perfytlie understanding the gude, trew and thankfull service done be his majesties richt traist cowsing Hew, lord of Lowdoun, nocht onlie in his hienes privat and particular affairis sen his majestie infancie, bot alsua in the publict of affairis of this realme, greatumlie tending to the commoun weill, peace and tranquilitie thairof and lieges of the samyn, and specialie in apprehending of ane great number of his majesteis rebellis and brokin men, oppressouris and committeris of hynowus and great crymes within the boundis of the schirefdome of Air, quhair the said Hew, lord of Lowdoun makis his residence, and utheris pairtis thairabout, and in the repressing of the insolence of the saidis rebellis and brokin men and conformeyng thame to the obedience of his majesteis authoritie and lawis of this realme mony yeiris befoir his majesteis preferment to the crownis of England, France and Irland. And lykwayes his majestie and estaittis foirsaidis, haveing consideratioun of the gude, trew and thankfull service done be the said Hew, lord of Lowdoun, tending to the honour and advancement of his majestie and estaittis foirsaidis and this realme of Scotland sen his hienes preferment to the saidis crownis of England, France and Irland, in attending upoun his majestie and conveying of his hienes to the citie of Londoun and thair remaning quhill his majesteis coronatioun and ane lang space thaireftir, quhairintill the said Hew, lord of Lowdoun hes debursit and sustenit great charges and expenses, notour to his majestie and estaittis foirsaidis, quhairof as yit he hes ressavit na recompense, quhilk service is sufficientlie tryit, verefeit and knawin to his hienes and haill estaittis of this present parliament to have bene verie proffitable to his hienes, this realme of Scotland and lieges thairof; in recompence quhairof, oure said soverane lord and estaittis of this present parliament hes dissolvit and, be this present act, dissolvis all and haill the landis, lordschip and baroneis of Kylismure and Barmure, with castellis, touris, fortalices, manerplaces, yairdis, orchardis, houses, biggingis, mylnis, multuris, woddis, fischeingis, tennentis, tennandreis, service of frie tennentis, fewfermes, annexis, connexis, dependences, pairtis, pendiclis and pertinentis of the samin quhatsumevir, lyand within the baillerie of Kylestewart and schirefdome of Air, fra the act of annexatioun maid upoun the tuentie nynt day of Julii, the yeir of God jM vC fourscoir sevin yeiris, annexand the temporalitie of all benefices within this realme to the patrimonie of his hienes crowne, togidder with the paroch kirk of Machlene, personage and vicarage thairof, withall and sindrie teyndscheves, utheris teyndis, fruittis, rentis, emolumentis and dueteis pertening and belanging thairto, lyand within the baillerie and schirefdome foirsaidis, fra the abbacie of Melrose and benefice thairof, quhairunto the samin pertenis and pertenit of auld as ane pairt of the patrimonie thairof, to the effect that his majestie may gif, grant and dispone to the said Hew, lord of Lowdoun and his airis maill lauchfullie gottin or to be gottin of his bodie, quhilkis failyeing to his narrest and lauchfull airis maill quhatsumevir beirand the surname and armes of Campbell heretablie, all and sindrie the foirsaidis landis, lordschip and baroneis of Kylismure and Barmure abonewrittin, with castellis, touris, fortalices, maner places, yairdis, orchardis, houses, biggingis, mylnis, multuris, woddis, fischeingis, tennentis, tennandreis and service of frie tennentis, fewfermes, annexis, connexis, dependences, pairtis, pendiclis and pertinentis of the samyn quhatsumevir, with all and sindrie teyndscheves, utheris teyndis, fruittis, rentis and emolumentis quhatsumevir pertening and belanging to the said personage and vicarage of the paroch kirk of Machlene, and all richt, titill, interes and clame of richt quhilk his majestie, his predessouris or sucessouris had, hes or onywayes may have or clame thairto, or ony pairt thairof, be ony maner of way in tyme cumming; and als to the effect the towne of Mauchlene may be erectit in ane frie burgh of baronie, to be callit in all tyme cumming the burgh of Mauchlene, with ane oulklie marcat day upoun Setterday and tua frie fairis yeirlie, and siclyk to the effect his majestie may unite and incorporat all and sindrie the landis, lordschip, baroneis, burgh of baronie and utheris foirsaidis with all and sindrie thair castellis, touris, fortalices, houses, biggingis, mylnis, woddis, fischeingis and utheris pertinentis abonespecefeit with the teyndscheves, utheris teyndis, fruittis, rentis and emolumentis of the said paroch kirk of Mauchlene, personage and vicarage thairof, in ane haill and frie temporall lordschip and baronie callit and to be callit the lordschip and baronie of Kylismure and Barmure, ordaning the maner place of Mauchlene to be the principall messuag of the said lordschip and baronie for ane seasing to be takin thairat in all tyme cumming; and lykwayes to the effect that the said Hew, lord of Lowdoun and his airis maill may have full richt and superiouritie of all and sindrie the samin landis, lordschip, baroneis, burgh of baronie, mylnis, woddis, fischeingis and teyndscheves, utheris teyndis, annexis, connexis and utheris specialie and generalie foirsaidis, and that the fewaris, tennentis and takismen thairof may hald the samin prinicpalie of the said Hew, lord of Loudoun and his foirsaidis in all tyme cumming for the yeirlie payment of the dueteis and service contenit in the infeftmentis, takkis and richtis maid to thame thairupoun; and to the effect his majestie may gif and grant to the said Hew, lord of Lowdoun and his abonewrittin full richt, actioun and interes for compelling of the saidis fewaris and tennentis to mak payment of thair yeirlie dueteis, and to observe and keep all utheris clauses contenit in thair saidis infeftmentis and takkis and to call for reductioun thairof, for quhatsumevir cause or occasioun competent of the law. And in lykmaner, to the effect the landis, lordschip, baroneis and utheres foirsaidis may nevir in ony tyme heireftir be taxat amongis the kirklandis or kirklevingis with the prelattis or ecclesiasticall, bot that the samin may be taxt according to the just valour and rent thairof, and that the said Hew, lord of Lowdoun and his foirsaidis may have thair releiff of the saidis taxationis aganis the fewaris, takismen, parochineris and possessouris of the saidis landis and teindis according to the rait of the samyn, and als oft as the saidis taxationis sall occur, and that the foirsaid lordschip and baronie may be judgeit and retourit in all breves and services in tyme cumming, and in the saidis taxationis to the sowme of tuentie twa pundis four schillingis fyve pennes and 3 pairt penny money of Scotland of auld extent and to the triple availl thairof, extending to threscoir sex pundis xiij s. iiij d. of new extent alanerlie, to be haldin of oure soverane lord and his successouris in frie blenche, frie heretage, frie lordschip and frie baronie for evir, payand thairfoir yeirlie the said Hew, lord of Lowdoun and his airis maill foirsaidis, to oure said soverane lord and his successouris, the service of ane frie lord and baroun in parliament with the sowme of ane hundreth merkis usuale money of this realme at the feist of Witsonday in name of blenche ferme, and als payand yeirlie to the minister serveing the cure at the said kirk of Mauchlene, fourtie bollis ait meill and thrie hundreth merkis money foirsaid, at the termes useit and wont, and furneschand bread and wyne yeirlie to the celebratioun of the communioun within the samyn kirk, and als freithand and relevand the said minister of all taxatioun and burdingis quhatsumevir to be imposit upoun the teindis and rentis of the said kirk or for reparatioun thairof in all tyme cumming alanerlie. And the saidis estaittis declaris that the pensioun grantit to Schir Williame Seytoun, brother germane to Alexander, erle of Dunfermeling, chancellar, furth of the saidis landis of Kylismure and Barmure and teyndis thairof sall nawayes be prejudgeit be this present act.
[1605/6/100]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, haveing consideratioun of that act of parliament maid in the tent parliament haldin be hes hienes in the yeir of God jM vC fourscoir fyve yeiris, and in the ellevint act of the said parliament, contening diverse cautionis and provisionis tending to restrane beneficit persones fra away putting of ony pairt of thair benefice, quhairby thair saidis benefices may be left in worse estait nor the samin wes at thair entrie thairto, as the said act dois at mair lenth contene, hes ratefeit and approvin the said act in all the articlis, heidis and circumstances thairof, declaring the samin to remane in full strenth and to have the effect and force of ane perpetuall law and statute of parliament in all tyme cumming with thir additionis: they ar to say, that it sall nawayes be lesum to ony persone provydit, or to be provydit, to ane bischoprik within this realme to dispone or gif in pensioun ony pairt of the patrimonie of his said bischoprik quhilk sall indure and last langer space nor the gevar of the said pensioun sall bruik the said bischoprik; and gif it salhappin the saidis persones provydit to the saidis bischoprikes now, or in ony tyme to cum, to dismember ony pairt of thair saidis benefices or patrimonie thairof, oure soverane lord and estaittis of parliament decernis and declaris all sic factis and deidis to fall under the compass, perrell and danger of dilapidatioun of benefices and to be ane express spes and kynd of dilipidatioun. And be ressone it hes evir bene fund necessar in all tymes past that the fewing of landis, setting of takkis and doing of sic uther lauchfull deidis be quhatsumevir bischop or prelat within this realme, off ony pairt of the patrimonie of thair saidis benefices, suld have the consent of the maist pairt of thair chaptour, without quhais consent had and obtenit to the saidis deidis in haill or the maist pairt thairof wes nawayes lesum to the saidis prelattis to do ony of the saidis deidis, thairfoir the saidis estaittis, according to the written lawis maid thairanent and custome perpetualie observit in suche caises of befoir, findis and declairis that na bischop within this realme may sett in few, tak or utherwayes, nor do ony uther deid in the disponing of ony pairt of the patrimonie of thair saidis bischoprikis, without the advyse, consent and assent of thair chaptouris, or the greatest number of thame, dewlie procurit and obtenit thairto, in the purchessing of quhais consent it sall nawayes be requisit to have thair saidis chaptouris chaptourlie convenit (bot the saidis deidis being utherwayes lauchfullie done and subscryvit be the maist pairt of the said chaptour), the nocht meting and convening chaptourlie at the tyme of the making of the saidis richtis and subscryveing thairof sall furnische na ground quhairupoun the saidis factis and deidis may be querrellit or the saides richtis and titillis impugnit or annullit throw the cause or occasioun foirsaid; quhilkes chaptouris decernis and declairis to remane now, and in all tyme cumming, according to the fundationis of the saidis bischoprikis and as hes bene in tyme bigane, without ony kynd of alteratioun to be maid thairin, exceptand alwayes the chaptour of the archibischopric of Sanctandrous, the† alteratioun quhairof (quhilk is maid in maner underwritten) necessarlie procedis in that the samin, consisting of befoir of the priourie of Sanctandrous, is suppressit be the new erectioun of the said priourie, quhairby the said chaptour ceises; and thairfoir the saidis estaittis hes declarit, and declaris, that the chaptour of Sanctandrous heireftir sall consist of this number of persones following, viz: of sevin persones of the ministrie duelland and haveand thair charge within his diocie of Sanctandrous, to be electit and nominat be the said archibischop himself, to be perpetuall convent and chaptour of the said archibischoprie in all tyme cumming, and eftir the deceis or removeing of ony ane or ma of thame fra thair present places and functioun within his said diocie, the intrant succeding in that place and charge to succede alsua in that said rowme of the chaptour and convent, reserveand alwayes to the said archibischop and his successouris thair ancient privileges, that the commoun seall of the said chaptour to be maid of new be thair awin advyse, sall serve for thair consentis without thair subscriptionis. And forder, the saidis estaittis findis and decernis that the present commoun seall of the said chaptour, being appendit to the evidentis or richtis quhatsumevir alreadie maid and grantit be the said archibischop, hes bene, and sall be in all tyme cumming, ane sufficient and perfyte consent of the chaptour and als effectuall for secureing of the vassellis and tennentis ressaveris of the saidis richtis as the samin hes bene in ony tyme of befoir, and sua to indure in force heireftir for consent of the said chaptour ay and quhill the electioun of the said new chaptour and making of the said new commoun seall. Attoure, oure said soverane lord and estaittis of parliament findis and declaris that it is, and sall be, leasome to the saidis archibischoppis, bischoppis and thair successouris to sett als mony takkis of the fruittis and dueteis pertening to thair saidis benefices, ather schorte or lang takkis as they pleise and for als mony yeiris as they sall think expedient, quhilk may subsist of the law, in doing quhairof the saidis estaittis will mak na restrante or limitatioun of tyme to the saidis bischoppis, and be ressone that the dueteis of the saidis takkis to be sett be the persones provydit to the saidis bischoprikis ar to be applyit and convertit for satisfactioun and intertenement of the ministeris serveing the cure of the kirkis of the saidis bischoprikis and for supplie of ane pairt of thair stipendis to be gevin to thame, thairfoir the saidis estaittis ordinis the saidis bischoppis to have ane cairfull regaird that the saidis takkis be sett for ane competent duetie, quhilk may in sum ressonable proportioun ansring to that quhilk is sett in tak be mair meitt to supplie ane pairt of the saidis ministeris stipendis, quhilkis dueteis of the saidis takkis, and als the stipendis quhilkis sall be provydit to the ministeris serveing at the kirkis of everie bischoprik, sall be in all tyme cumming repute as ane pairt of the rentall of the saidis bischoprikis, quhilk rentall sall nawayes be hurte, viciat or diminischeat be the titular of the said bischoprik in ony tyme tocum. And to the effect that the ministeris of the saidis kirkis may be the mair certanelie provydit and the rentall of bischoprikis may be maid (quhilk sall nocht be alterit as said is), ordanis all archibischoppis and bischoppis quha ar alreadie provydit, or sall be provydit in tyme to cum, to mak ane sufficient rentall of the patrimonie of ilk bischoprik and to gif in the samin to the clerk of register and his deputtis, to remane in his register ad futuram rei memoriam; and that within the space of ane yeir eftir the date of this present act, under the pane of ane thowsand merkis to be payit be the persone quha sall failyie in geving of the said rentall within the space foirsaid to oure soverane lordis collectour generall, off the quhilk sowme the said collectour sall be haldin to mak compt and rakning to the auditouris of his hienes chekker. Lyk as it is provydit that it sall nawayes be lesum to the saidis archibischoppis or bischoppis to hurte or diminische ony pairt of the said rentall to be gevin in be thame as said is, quhilk will consist cheiflie of the quantitie of victuall and silver quhilk sall be provydit to the saidis ministeris for thair stipendis for serveing the curis of the kirkis of the saidis bischoprikis as said is, bot the said rentall sall remane in the awin integritie in all tyme cumming, to the effect the saidis ministeris and thair successouris serveing at the kirkis of the saidis bischoprikis as said is may be assurit of certane locall stipendis for thair said service, nocht to be subject to the mony changes and alterationis quhairwith frequentlie they have bene trublit in tymes preceding. And last of all, becaus that the rentall to be gevin in of the saidis bischoprikis will consist and be maid upe partlie of the dueteis of the saidis takkis to be sett as said is, and that the certaintie of the saidis locall stipendis standeth in the upgewing of the saidis rentallis, quhilkis oure said soverane lord and estaittis ordanis to be done with all gudlie diligence within the tyme prescryvit thairto, that the ministeris serveing the kirkis be nocht frustrat or dissapointit of dew satisfactioun and recompence for thair travellis tane in service foirsaidis, and that they may be put in certantie thairof in tyme to cum, quhairin the evident weill and proffeitt of the kirk dois appeir and manifest the self; and for that cause ordour is gevin and forme prescryvit for setting of takkis as the preceding articlis of this act proportis, quhairthrow that quhatsumevir actis and constitutionis maid be ony ather civill or ecclesiastik judge tending to the prohibitioun and restraint of setting of lauchfull takkis be ony beneficed persone aucht to be annullit, seing the saidis actis and constitutionis quhilkis wer maid upoun ony preconsavit fear of ony laik or want of mantenance for intertenement of the kirk or upoun ony uther ground ar now cleirlie satisfeit be the cairfull regaird quhilk his majestie and estaittis of this parliament hes alwayes had to the advancement of the kirk and to the certane provisioun of the ministrie thairof, with constant stipendis, ane work verie necessar and to be forderit and expede be the present bischoppis and to quhais cairis and travellis oure said soverane lord and the saidis estaittis hes recommendit and committis to gif ordour in the certane provisioun of the ministrie serveing at the kirkis of thair saidis bischoprikis with competent, ressonable stipendis answerable and aggreable for thair travellis and sustentatioun. And, thairfoir, oure said soverane lord and estaittis foirsaidis statutis, decernis and declaris all and quhatsumevir actis, lawis, statutis, ordinances and constitutionis ecclesiasticque or civill quhilkis ar alreadie maid in tyme bigane, or salhappin to be maid in tyme tocum, quhairby ony beneficed persone within this realme ar prohibitit and dischargeit to sett ony takkis of teyndis (quhilkis may subsist of the law) and quhilkis actis and ordinances may directlie or indirectlie seme to infring and annull the saidis takkis lauchfullie sett as said is, or to inflict ony pane or punischement upoun the settaris thairof, to be altogidder null and of nane availl and to have na strenth, force, nor effect now and in all tyme cumming siclyk as gif the samin had nevir bene maid, quhilkis and all utheris actis, ordinances and constitutionis to be maid anent the premises, and quhilk may tend to the lyk end in ony tyme to cum, oure said soverane lord and estaittis discharges simpliciter and for evir.
[1605/6/101]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estaittis of this present parliament, remembering the gude, trew and thankfull service done be his majesties trustie and familiar servitour Johne Murray, grome of his majesteis bedchalmer, in continuall attendance upoun his majesteis sacrate persone, quhairin he hes behavit himself maist faithfullie and deutyfullie as is notour and weill knawin to the saidis estaittis; thairfoir, oure said soverane lord and estaittis of this present parliament dissolvis all and sindrie the landis, baroneis, touris, fortalices, maner places, mylnis, multuris, woddis, fischeingis, annualrentis, caynis, customes, casualiteis, emolumentis and dueteis quhatsumevir of the temporalitie of the abbacie of Drundrennan fra the act of annexatioun maid in his hienes parliament haldin at Edinburgh, the tuentie nynt day of Julii, the yeir of God jM vC fourscoir sevin yeiris, annexand the temporalitie of all benefices within this realme to the patrimonie of his hienes crowne, with the precinct, monasterie and manerplace of Dundrennan fra the said abbacie of Dundrennan and benefice thairof, quhairunto the samin pertenis and pertenit of auld, togidder with the haill spiritualitie of the kirkis of the samyn abbacie, viz: the kirkis of Dundrennane, alias Ririk, and Kirkmabrek, with all and sindrie teyndscheves, utheris teyndis, fruittis, rentis, proffeittis, proventis, emolumentis and dueteis quhatsumevir pertening and belanging thairto; and that the saidis estaittis of parliament findis it necessar and expedient that his majestie, be his hienes infeftment to be maid with advyse of his majesteis ordinar officiaris, sall gif, grant and dispone to the said Johne Murray and his airis maill and assignais quhatsumevir, all and sindrie the saidis landis, baroneis, touris, fortalices, manerplaces, mylnis, multuris, woddis, fischeingis, annualrentis, caynis, customes, casualiteis, emolumentis and dueteis quhatsumevir of the temporalitie of the said abbacie, kirkis of Dundrennan and Kirkmabrek, teyndscheves thairof, utheris teyndis, fruittis, rentis, proffeittis and emolumentis pertening thairto, with all richt, titill, interes and clame of richt quhilk his majestie, his predecessouris and successouris had, hes or onywayes may have or clame thairto, or ony pairt thairof be ony maner of way in tyme cumming, to be erectit, unit, maid, creat and incorporat in all and haill ane frie baronie, to be callit in all tyme cumming the baronie of Dundrennan, and ordinis the manerplace of Dundrennan to be the principall messuage of the said haill baronie of Dundrennan for taking seasing thairat in all tyme cumming. And lykwayes, the saidis estaittis suppresses and extinguisches perpetualie in all tyme cumming the said abbay and monasterie of Dundrennan, and declaris na persone, nor persones to be provydit thairto in ony tyme cumming heireftir; and ordinis ane infeftment to be past under his hienes great seall heirupoun, to be haldin of oure said soverane lord and his successouris in frie blenche, frie heretage and frie baronie for evir, gevand thairfoir yeirlie the said Johne Murray and his foirsaidis to oure said soverane lord and his successouris the sowme of fourtie pundis usuale money of this realme of Scotland yeirlie at the feist of Witsonday in name of blenche ferme alanerly, with ane speciall remitt and discharge, with consent of the collectour generall, of the haill thriddis of the said abbacie of Dundrennane, alsweill victuall as money, and of the haill monkis portionis of the samyn abbacie, becaus his majestie will be relevit and dischargeit of the sustentatioun of the ministerie of the kirkis thairof, and als decernis all pensionis disponit furth of the thriddis of the said abbacie in ony tyme bigane to be null in all tyme cumming. And oure said soverane lord and estaittis of parliament hes interponit and interponis thair consent and authoritie to the said dispositioun and to the infeftment to follow thairupoun, now as gif it wer alreadie maid and perfytit and than as now, as that deid quhilk is now and sall be in all tymes heireftir estemit and judgeit for the weill of oure said soverane lord and for ane seand proffeit and commoditie to his crowne and realme of Scotland for evir.
[1605/6/102]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estaittis of this present parliament hes ratefeit and approvin and, be the tennour heirof, for his hienes and his successouris, ratefeis, appreves and perpetualie confermis the lettres of pensioun of the date at Quhythall and Edinburgh respective, the first and sevintene dayes of Maii 1606, maid, gevin and grantit be oure said soverane lord, with express advyse, consent and assent of Maister Johne Prestoun of Fentounbarnis, his majesteis collectour generall and thesaurar of his hienes new augmentationis, to Maister Archibald Moncreif, minister at Abernethie, during all the dayes of his lyfetyme, off all and haill the sowme of four hundreth threscoir sex pundis threttene schillingis four pennies money of this realme of Scotland yeirlie to be upliftit at twa termes of payment useit and wont furth of the abbacie, lordschip and baronie of Ferne, teynd fruittis, rentis, emolumentis and utheris dueteis thairof, with the decreitt of the lordis of counsaill interponit thairto, in all and sindrie heidis, pointis, clauses, articlis, circumstances and conditiounes thairof, sua far as the saidis pensioun and decrete extend or may be extendit to the said Maister Archibald Moncreif himself during his awin lyfetyme alanerlie; and findis, decernis and declaris the foirsaid letter of pensioun to be ane valide, lauchfull and sufficient richt to the said Maister Archibald for bruiking and joising of the said yeirlie pensioun during all the dayes of his awin lyfetyme alanerlie, nochtwithstanding quhatsumevir statute or constitutioun of parliament maid at ony tyme of befoir, to the quhilkis haill actis and constitutionis, be the quhilk the said pensioun in onywayes during the said Maister Archibald his lyfetyme may be impugnit, this present act sall mak and makis express dirogatioun, sua that the said Maister Archibald during his lyfetyme sall peciablie bruik and joise the said yeirlie pensioun siclyk and als frelie in all respectis as gif the foirsaid letter of pensioun wer specialie reservit and exceptit furth of the saidis haill actis, statutis or constitutionis of parliament maid at ony tyme of befoir, quhilkis in ony sorte may appeir to be hurtfull and prejudiciall to the said letter of pensioun during the lyfetyme of the said Maister Archibald alanerlie.
[1605/6/103]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, understanding that his majestie, for the zeall he hes to the glorie of God and propagatioun of Christis blessed evangell, hes, be his hienes chartour under the great seall, maid with advyse of his hienes officiaris of estaitt, disunit and dissolvit all and sindrie the teynd scheves and utheris teyndis, baith great and small, alsweill of the personage as vicarage, and haill fruittis of the parochkirk of Borthuik, townis, landis and mylnis within the parochin thairof, and als the prebendareis of Arnetstoun, Myddeltoun, first and secund prebendarie of Vogrie, and twa clerkis to serve in the divines within the college kirk of Creichtoun, ane yeirlie rent for thair sustenatioun foundit of auld within the said college kirk of Creichtoun and haill vicarage of Borthuik, fruittis, rentis, manse and gleib thairof, fra the said uther kirk of Creichtoun to the quhilk the samin wes foundit and annexit of befoir, and hes unitit, erectit and incorporatit the samin in ane severall and distinct benefice of the said parochkirk of Borthuik, to be callit the personage of Borthuik, and to be ane yeirlie rent and stipend to the minister serveing the cure thairat in all tyme cumming, as the said chartour of the date the feird day of Aprile, the yeir of God jM vC fourscoir sextene yeiris at mair lenth proportis; quhilk chartour of erectioun and incorporatioun his majestie and estaittis foirsaidis and haill bodie of this present parliament have ratefeit and approvin, and ratefeis and appreves in all and sindrie the heidis, clauses, articlis and circumstances thairof, with all that hes followit, or that may follow thairupoun eftir the forme and tennour of the samin in all pointis; and als will and grantis that this generall ratificatioun is, and sall be, als gude, valide and effectuall in all respectis as gif the samin and everie particular clause thairof wer heirin specialie and expreslie mentionat or insert; and decernis and declaris that the erectioun and incorporatioun of the teyndis of the said parochkirk of Borthuik and prebendarie abonewrittin, quhilk wes of befoir ane pertinent and part of the said college kirk of Creichtoun, and is now erectit in ane severall and distinct personage, to be callit the personage of Borthuik in all tyme cumming, is and sall be als valide and sufficient in all respectis as gif the said unioun, erectioun and incorporatioun had bene past and expede be the consent of the patrone, titularis and prebendaris of the samin, and that the want of the consent of the saidis patroun, titularis and prebendaris sall nawayes dirogat, nor be prejudiciall thairto, nochtwithstanding quhatsumevir law, act or constitutioun maid in the contrair under the quhilkis the said erectioun and incorporatioun sall nawayes be comprehendit, bot specialie exceptit and reservit furth of the samyn. Attoure his majestie and estaittis foirsaidis, for the causes abonewrittin, be the tennour of thir presentis, of new disunitis and dissolvis the saidis teyndschaves and utheris teyndis, great and small, and haill fruitis of the paroche kirk foirsaid, prebendareis and utheris respective abovewrittin, and erectis the samin in ane severall and distinct personage to be callit the personage of Borthuik in all tyme cumming, and decernis and ordinis the samin unioun, erectioun and incorporatioun of the personage foirsaid to stand and abyd perpetualie in all tyme cumming, and the persounes provydit, or to be provydit thairto, be his hienes and his successouris to have als gude richt to the teyndis, baith great and small, fruitis, rentis, emolumentis and dueteis quhatsumevir of the said personage of Borthuik as gif the samin had bene ane severall and distinct personage fra the beginning, but prejudice of the particular prebendares provisionis yit on lyve, quha wer provydit to the saidis benefices befoir the moneth of Aprile jM vC fourscoir sextene yeiris, for thair lyfetymes alanerlie.