Legislation: private acts
Erectioun of Kelso in favouris of Lord Roxburgh

32. Oure soverane lord and estaittis of this present parliament, calling to remembrance the gude, trew and memorable service done to his majestie and lieges be his trest cousing Robert, lord Roxburgh and his predecessouris in all tymes and at all necessar occasionis bigane, alsweill in tyme of peax as in tyme of weir, and als the great cair, earnest zeall and redines of the said lord to undirly all gude offices and services tending to his hienes honour, weill and proffeitt of the realme, not onlie in the dischargeing of the office of the wardanrie in the Middill Marches of this realme befoir the happie unioun of baith the realmes in his hienes persone, bot lykwayes in the executioun of divers utheris commissionis for quieting of the lait bordouris and repressing of all insolencie and disordour within the samin at all occasionis bigane upoun his great charges and expenses, in the quhilkis gude offices the said Robert, lord of Roxburgh hes dischargeit his duetie maist faithfullie, as is notourlie knawin to his majestie and estaittis of this present parliament, quhairupoun sufficient tryell hes bene tane befoir thame; and being of gude, deliberat mynd that the saidis gude offices and services done be the said Robert, lord of Roxburgh, with the great charges sustenit be him sall be in sum measure recompensit, and finding na better meane for the present than that the haill temporall landis and rentis, quhilkis pertenit of befoir to the abbacie of Kelso and cell of Lesmahago, quhilk is ane pendicle of the said abbacie, with the abbay places, closteris, yairdis, orchardis and all aismentis and commoditeis within the precinctis of the samin, with all and haill that pert of the towne landis and manis of Sproustoun, mylnis, mylnlandis, multuris, suckin and haill pairtis and pendiclis thairof, quhilkis pertenit of befoir to the priorie of Charterhouse as ane pairt of the patrimonie thairof, and now pertenis to his majestie be the act of annexatioun of the kirk landis within this realme to the crowne, with all and sindrie the teyndschewes, utheris teyndis, fruittis, rentis, proventis, emolumentis and dueteis, alsweill personages as vicarages, of all and sindrie the parochkirkis of the samin benefices sall be grantit and disponit to the said Robert, lord Roxburgh, his airis maill and assignais heretablie, as followis; as also considering that William, commendatar of Kelso, for mony gude and ressonable causes, with consent of his yconimus, hes resignit, renuncit and dimittit in his hienes handis all and haill the said benefice of Kelso and cell of Lesmahago, quhilk is ane pendicle thairof as said is, haill teyndis, fruittis and rentis of the kirkis of the samin (except heireftir exceptit) with the abbay places of Kelso and Lesmahago, closteris, houses, biggingis, yairdis, orchardis and all landis within the precinctis thairof, to the effect the samyn may be disponit be his majestie to the said Robert, lord Roxburgh and his foirsaidis, in maner and to the effect following, as the said dimissioun beiris; thairfoir his hienes, with advyse of the saidis estaittis of parliament, eftir sufficient tryell tane thairin be thame of the haill premises and that the samin ar sene, ressonable and proffitable causes for the weill of his majesteis crowne and realme, hes dissolvit and be thir presentis dissolvis all and sindrie temporall landis and rentis pertening of befoir to the said abbacie of Kelso and cell of Lesmahago, with that pairt foirsaid of all and haill the saidis landis, manis and towne of Sproustoun, mylnis, mylnlandis, multuris, suckin and haill pairtis and pendiclis thairof, fra the said act of annexatioun of the samin to the crowne, and fra all utheris actis of annexatioun quhatsumevir, exceptand alwayes furth and fra this present dissolutioun all and haill the landis of Bothill, with the myln of the samin, the landis of Toircleuch, the landis of Hairheid, with the toure, fortilice and maner place of the samin, and the landis of Bowscheilhill, with houses, biggingis, yairdis, toftis, croftis, pairtis, pendiclis, annexis, connexis, tennentis, tennandres, service of frie tennentis of the saidis haill landis, with thair pertinentis, lyand within the constabularie of Hadingtoun and schirefdome of Edinburgh, to Schir Johne Cokburne of Ormestoun, knycht, justice clerk, to be haldin of oure soverane lord in all tyme cumming, for the yeirlie payment of tuentie twa pundis tuelf penneis, conforme to his infeftment of the samin, the saidis Lord of Ormestoun, his airis and successouris in the saidis landis relievand the said Lord of Roxburgh and his successouris in the lordschip of Kelso of the said fewferme duetie yeirlie of tuentie tua pundis tuelf penneis at oure soverane lord and his hienes collectouris handis; and siclyk hes dissolvit and, be thir presentis, dissolvis all and sindrie the teyndscheves and utheris teyndis, fruittis, rentis, proventis and emolumentis, alsweill personage as vicarage, of all and sindrie the parochkirkis of the saidis benefices of Kelso and Lesmahago fra the saidis benefices and fundationis thairof quhairupoun the samin procedit, except the teyndis, personage and vicarage, of the kirkis of Home, Gordoun and Fogo, possessit be Alexander, erle of Home, lord Jedburgh and Douglas etc., and the teyndis of the landis and baronie of Broxfeild lyand within the parochin of Kelso, also pertening to the said erle, being the auld kyndlie possessionis of the house of Home, and lykwayes exceptand the kirk of Grenelaw and teyndis thairof, the patronage quhairof pertenis to George, erle of Dunbar, lord Berwick, be his hienes gift and dispositioun, quhilkis kirkis and teyndis respective foirsaidis sall nawayes be comprehendit under this present dissolutioun, bot is and sall be specialie exceptit thairfra and furth of the infeftment following; and lykwayes hes dissolvit and be thir presentis dissolvis the saidis abbay places, closteris, yairdis, orchardis and all aismentis and commoditeis within the precinctis of the samin fra the saidis benefices, and hes suppressit and, be thir presentis, suppressis the names and memoreis of the samin benefices for now and evir to the effect the samin haill temporall landis and rentis of the saidis benefices (except befoir exceptit), and that pairt of the saidis haill towne, landis and manis of Sproustoun, with thair foirsaidis, quhilkis pertenit of befoir to the said priorie of Charterhouse, with all and sindrie the teyndscheves, utheris teyndis, fruittis, rentis, proventis, emolumentis and dueteis, alsweill personages as vicarages, of all and sindrie the paroch kirkis of the samin benefices (except befoir exceptit), togidder alsua with the saidis abbay places, closteris, yairdis and all boundis within the precinctis of the samin may be grantit and disponit be his majestie to the said Robert, lord of Roxburgh, his airis maill and assignais foirsaidis, and may be erectit to thame be his hienes in ane haill and frie lordschip and baronie with all privileges, imuniteis and jurisdictionis pertening to ane frie lordschip and baronie haldin of his hienes and his successouris in frie blenche, for yeirlie payment of four hundreth merkis money of this realme in name of blenche ferme as for payment to the ministres serveing the cure at the saidis kirkis to be nominat and presentit and electit be his majestie and his successouris of thair yeirlie stipendis, to be modefeit be the commissionaris appointit to that effect, and thairfoir to be frie of payment of all monkis portionis, first fruittis, fyft penny, thrid and all utheris dueteis quhairunto his hienes, his predecessouris or successouris had, hes or ony wayes may have or pretend richt in ony tyme cumming be vertue of quhatsumevir law, statute, actis of parliament, counsaill or conventioun quhatsumevir maid or to be maid in the contrair, quhilkis his hienes and estaittis foirsaidis for the cause abone specefeit renunces and discharges for evir be thir presentis; ordaning the said lordschip to be callit in all tyme cumming the lordschip and baronie of Halidene, and that sufficient heretable infeftment may be grantit be his majestie thairupoun in favouris of the said Robert, lord of Roxburgh and his foirsaidis in sic dew and competent forme as efferis, for making of the quhilk infeftment, this act sall be ane sufficient warrand; quhilk infeftment lykwayes oure said soverane lord, with advyse of his saidis estaittis, now as gif the samin wer perfytit and maid and than as now, for his hienes and his successouris, ratefeis and apprevis for evir be thir presentis, reserveand alwayes and exceptand furth of this present act and erectioun foirsaid all regalitie and all privileges thairof gif ony be possessit be the abbottis and titularis of Kelso of befoir, to remane with oure soverane lord and his hienes successouris and thair crowne inseparablie in all tyme heireftir.

  1. NAS, PA2/17, f.23v-24r. Back
  2. NAS, PA2/17, f.24r. Back
  3. NAS, PA2/17, f.24r-v. Back
  4. NAS, PA2/17, f.24v-25r. Back
Act in favouris of the Laird of Ruthvenis

33. Oure soverane lord and estaittis of this present parliament ratifeis, appreves and confirmes all and sindrie richtis, titillis, infeftmentis and securiteis and seasingis following thairupoun, maid, gevin and grantit to Schir James Creichtoun of Ruthvenis, knycht, and his airis specefeit thairintill, off the richt and patronage of the kirk of Nevay, personage and vicarage thairof, and of the richt and patronage of the personage and vicarage of the paroch kirk of Esse, quhilkis tua kirkis lyis within the schirefdome of Forfar, in all and sindrie heidis, pointis, clauses, articlis and conditionis specefeit and contenit thairintill eftir the forme and tennoure thairof in all pointis, reservand alwayes to the Archibischop of Sanctandrous the yeirlie duetie of four pundis contenit in a contract maid betuix the said archibischop and the said Schir James thairanent of the date at Edinburgh, the fourt day of Julii 1607 yeiris.

  1. NAS, PA2/17, f.23v-24r. Back
  2. NAS, PA2/17, f.24r. Back
  3. NAS, PA2/17, f.24r-v. Back
  4. NAS, PA2/17, f.24v-25r. Back
Ratificatioun in favouris of the Laird of Balcarres

34. Oure soverane lord and estaittis of this present parliament, calling to rememberance the gude, trew and thankfull service done to his majestie and in the publict affairis of the realme of Scotland be his hienes umquhile faithfull and familiar counsallour Maister Johne Lyndsay of Balcarres, sumtyme his majesteis secretar and ane of the senatouris of his hienes college of justice, to the proffeitt and commoditie of his majesteis estait, royell and commoun weill of his said realme; thairfoir, and for uther gude causes and considerationis moveing his majestie and estaitis foirsaidis heirto, they have ratifeit, approvin and confirmit and, be the tennoure heirof, ratifeis, apprevis and confirmis ane chartour and infeftment (quhilk the saidis estaitis hes now sene, red and considerit and perfytlie understand), maid and grantit be oure said soverane lord undir his great seall of the date at Halyrudhous, the fyft day of Februar, the yeir of God jM vjC and thrie yeiris, to David Lyndsay, now of Balcarres, eldest lauchfull sone now on lyfe and air to the said umquhile Maister Johne, and to the said Davidis narrest and lauchfull airis maill quhatsumevir beirand and for to beir the armes and surname of Lyndsay, off all and sindrie the landis of Balneill, Eister Pitcorthie, Wester Pitcorthie and Lichtownislandis of Innerdovet, all and haill the landis and myln of Balcarres, and haill the landis of Balmakine and landis of Nather Cummerlandis, with thair maner places, fortalices, houses, biggingis, yairdis, coilis, coilheuchis, pasturages, commounteis, liberteis, pertinentis and utheris specefeit in the said chartour, off all and sindrie the landis and myln abonewrittin, togidder with the advocatioun, donatioun and richt of patronage of the parochkirk of Kilconquhair, personage and vicarage of the samyn, with the privileges and liberteis thairof, all lyand within the schirefdome of Fyf, quhilkis be vertue of the said chartour wer unitit, annexat and incorporat in ane haill and frie baronie to the said David Lyndsay and his foirsaidis, callit and to be callit in all tymes cummyng the baronie of Balcarres, to be haldin of oure said soverane lord and his successouris in fre heretage, fewferme and blenchferme respective, and in frie baronie for evir, as the said chartor maid and grantit thairupoun contening sindrie utheris heidis and articlis mair fullelie proportis, togidder with the procuratoreis and instrumentis of resgnatioun and dimissioun thairin mentionat quhairupoun the said chartour procedit, and als the instrumentis of seasing following thairupon gevin and grantit to the said David Lyndsay off all and sindrie the saidis landis, baronie and utheris abone rehersit, in all and sindrie thair heidis, clauses, articlis and contentis of the samyn, eftir the formes and tennouris thairof in all pointis, to the effect the said David Lyndsay and his airis maill foirsaidis may peciablie bruik, jois, possede, sett, use and dispone at thair plesure all and sindrie the saidis landis, baronie, myln and utheris quhatsumevir abonespecefeit comprehendit thairintill; togidder with the foirsaid advocatioun, donatioun and richt of patronage of the foirnameit paroch kirk of Kilconquhair, personage and vicarage thairof, with all and sindrie privileges and comoditeis appertening thairto, as thair awin propir landis, rentis and heretage in all tyme cummyng, in maner contenit in the said chartour and infeftment maid thairupoun. And to that effect oure said soverane lord, for his majestie and his saidis successouris and the estaitis foirsaidis, with ane consent, hes dissolvit and disunitit and, be the tennoure of this present act of parliament, dissolvis and disunitis the foirnamit paroch kirk of Kilconquhair, personage and vicarage of the samyn, with all and sindrie teyndscheves, utheris teyndis, manses, gleibis, rentis, proffeittis, emolumentis and utheris quhatsumevir thairof pertenig thairto of befoir, with the fundatioun of the samin, frome the abbacie and priorie of North Beruick and patrimonie thairof in all tymes cummig and, be the tennoure of this present act, erectis in ane rectorie and personage be the self and to be callit in all tyme cumming the personage of Kilconquhair; and the saidis advocatioun, donatioun and richt of patronage thairof sall appertene heretablie to the said David Lyndsay and his foirsaidis as unitit, annexat and incorporat in and to the said baronie of Balcarres in all tymes cumming; and declaris that this present ratificatioun and confirmatioun of the foirsaid chartour and infeftment sall be als valide and effectuall in all respectist to the said David Lyndsay and his foirsaidis as gif the samin chartour wer word be word at lenth insert heirintill, but prejudice alwayes to the Archibischop of Sanctandrous and his successouris, thair richtis of the superioritie of the landis of Wester Pitcorthie and Balmakine haldin of thame, quhairunto this present ratificatioun sall nawayes be extendit nor prejudiciall.

  1. NAS, PA2/17, f.23v-24r. Back
  2. NAS, PA2/17, f.24r. Back
  3. NAS, PA2/17, f.24r-v. Back
  4. NAS, PA2/17, f.24v-25r. Back
Act in favouris of the Erle of Errole

35. Oure soverane lord and estaittis of this present parliament ratefeis and apprevis the infeftment under the great seall maid and grantit be his majestie, with advyse of his hienes thesaurar and collectour generall, to his hienes richt traist cousing and counsaillour Francis, erle of Errole, lord Hay, great constabule of this realme of Scotland, and to his airis maile and of tailyie thairin contenit, of all and haill the towne and landis of Turnaluif, with the toftis, croftis, outsettis, pairtis, pendiclis and pertinentis of the samyn lyand within the barony of Slaynis, parochin of Crowdenn and schirefdome of Aberdene, with the advocatioun, donatioun and richt of patronage of the paroch kirk of Crowden, personage and vicarage thairof lyand within the said schirefdome of Aberdene, togidder with all and haill the advocatioun, donatioun and richt of patronage of the paroch kirk of Errole, personage and vicarage thairof, lyand within the schirefdome of Perth, to be haldin of oure soverane lord and his successouris in frie blenche ferme, fie and heretage for evir, for payment of ane penny usuale money of Scotland yeirlie at the feist of Witsonday in name of blenche ferme, gif it beis requirit, alanerlie, as the said infeftment of the date at Edinburgh, the tuentie nynt day of Julii last bipast at mair lenth beiris in all and sindrie pointis, passes, heidis, articlis, clauses and conditionis quhatsumevir thairin contenit, eftir the forms and tennoure thairof, with all that hes followit or may follow thairupon; ordaning this present ratificatioun to be als sufficient as gif the said infeftment wer at lenth ingrossit heirintill.

  1. NAS, PA2/17, f.23v-24r. Back
  2. NAS, PA2/17, f.24r. Back
  3. NAS, PA2/17, f.24r-v. Back
  4. NAS, PA2/17, f.24v-25r. Back