[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.
[1605/6/50]*[print] [email] [cite] [preceding] [following]
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.
[1605/6/51]*[print] [email] [cite] [preceding] [following]
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.