Act in favours of the Lord Burghlie

Oure soverane lord, with advyse and consent of the thrie estaittis of the parliament of his hiegnes kingdome of Scotland presentlie conveyned, considdering the princelie clemencie quhilk bindis his majestie in the example of his maist noble progenitouris to impairt to his maist loveing subjectis sick honoures and dignities as thair merittis and verteous actis in gryit services and profitable offices to his hieghnes and the commoun weill justlie requyris, and his majestie, remembering the manie gryit, trew and thankfull services done to his hiegnes be his majesties right traist counsing and counsellour Michael, lord Balfour of Burlie, and of his earnest affectioun to continew with his loyall behaveoure and depoirtment in his hiegnes services and effairis sa oft as he hes bene employed thairin, ather within his majestis kingdome of Gryit Brytane, or utherwayis in his message and ambassadrie to forreyne princes, tending to his hieghnes honoure, contentment and the publict weall of his majesties dominiounes, with the full discharge of his dewtie in all sick thingis as wes committit to his charge; in recompence quhairof and of the gryit chairgis sustenit be him in the saidis services, his majestie of his princelie clemencie cannot remit to remunerat and acquyit be sick gratificatioun as is now possible and with leist hurt to his majesties croun of his hieghnes kingdome of Scotland. And likwayis his majestie, considdering that the monastik superstitioun of monastries, abbacies and utheris societies of the clairgie sumtyme ressavit within this realme of Northbritane, not onlie is abolischit and be the lawes and actis of his majesties parliament and counsell perpetuallie damnit and suppressit, bot also the abbotis and pryouris quha wer administratouris thairoff with thair conventis for the maist pairt ar deceissit and na uther persounis heirefter to succeid to thame; and in that respect his majestie, being of deliberat mynd and intentioun, for the increment of policie within this kingdome of Northbritane and for the goode estate of his subjectis, that the saidis haill abbacies, priories and utheris quhilkis wer disponit of auld to monastik useis (now ceasing) salbe erectit in temporall lordschipis and baronies, to be disponit be his majestie and his successoures to his loyall subjectis upoun worthie consideratiounes for the better increment of civilitie and policie within this realme, lyikas the maist pairt of the saidis abbacies, pryories and utheris abonewrittin ar be speciall actis and statutes of this realme in parliament alreddy erectit and convertit in temporall lordschipis; and his majestie, haveing now be speciall instructiounes proponit to the saidis estaittis of parliament the foirsaidis gryit and faithfull services done to his hienes and for the particular commoun weill of the realme of Scotland be the said Michael, lord Balfour of Burlie, and the saidis estaittis haveing thairupoun taikin full tryell and verificatioun, they have fund, tryit, censurit and judgeit, lyik as they presentlie find, censure and judge the samyne to be and to have bene gryit, seand and reasonable causes for the weill of his majestie and of his said hieghnes regime of Scotland. As also his majestie and estaittis foirsaidis findis, decernis and declaris that his hienes, with thair advyse and consent, may for the saidis causes quhilk they have tryed and knawin to be for the seand weill of his majestie and of his hieghnes realme of Scotland as said is, annalie and dispone ony pairt of the landis and leving annexit to the croun to the said Michael, lord Balfoure of Burlie, his airis and successoures, to be haldin in sick forme and maner and for sick yearlie dewtie and service as his majestie best pleises, and to that effect that the annexatioun to the croun of the samen landis that ar to be annaliet and disponit salbe simpliciter dissoluit fra the croun that they may be annaliet and disponit to the said Michael, lord Balfour of Burlie, his airis and assigneyis. And the saidis estaittis, being ryiplie and gravelie advysit quhat his majestie may annalie and dispone with least detriment to his hieghnes yearlie rent and croun, the saidis estaittis all in ane voce have fund and declairit and, be the tennoure heirof, findis and declairis that the temporalitie, propertie and superioritie, with the fewfermes and dewties of the abbacie and monasterie of Kilwynning, situat within the schirrefdome of Air, being in his majesties handis be reasoun of the generall annexatioun of the kirklandis of this realm to the croun be speciall act maid thairanent in the parliament haldin at Edinburgh upoun the twentie nyne day of Julii, the yeir of God jM vC fourscore sevin yeiris, may, with leist detriment to his majestie or hurt to the rent or revenew of the croun, for the seand causes abonewrittin, be disponit be his majestye to the said Michael, lord Balfoure of Burlie, his airis and assigneyis quhatsumevir heretablie, in maist ample forme; and thairfore the saidis estaittis of parliament findis it necessar and expedient that oure said soverane lord, be his hienes infeftment to be maid with advyse of his majesties ordiner officiaris, sall erect, unite, creat and incorporat all and sindrie the landis, baronies, milnes, woddis, fischeingis, annuelrentis and utheris quhatsumevir pertening to the said abbacye of Kilwynning be thair names in speciall quhairevir the same lyis within this realme of Scotland, quhilk wes of before the temporalitie of the said abbacie, in ane haill and frie baronie and estate of ane lordschip of his hieghnes parliament, and that the samen, with all priviledgis and commodities pertening thairto, togidder with the honour, dignitie and estate of ane lord of his majesties parliament, with badge and armes for the causes foirsaidis, salbe annaliet and disponit be his majestie to the said Michael, lord Balfoure of Burlie, his airis and assigneyis quhatsumevir heretablie, to be haldin of his majestie and his successoures in frie lordschip and baronie, with the honour and dignitie of ane lord of parliament in frie blenche for evir; and to that effect his majestie and estaittis foirsaidis of parliament dissolvis, annullis and infringis the said generall annexatioun of the kirklandis of this realme of Scotland to the croun in sa far as it maye be extendit to the said temporalitie of the said abbacie of Kilwynning allanerlie, and ordanis the infeftment to be maid heirupoun to be extendit in maist ample forme, beirand ane unioun and incorporatioun off all the particularis in ane lordschip and baronie, with ane speciall remit and discharge of the thirdis of the said abbacie of Kilwynning, alsueill victuel as silver, togidder with all monkis portiounes, first yeiris fruittis and fyift pennie of the samen, sua far as the samyne wes tane furth of the temporalitie of the said abbacie; as also to beir and contene provisioun that the said lordschip sall pay all taxatiounes with the temporall lordis for the said temporalitie, comptand the samen lordschip to [...] pund landis of auld extent; and that the said Lord of Burlie, his airis and assigneyis sal have thair releiff of all the heretable tennentis and utheris takismen of the saidis landis, kirkis and teyndis efter the rate and quantitie of thair landis and teyndis sa oft as the saidis taxatiounes sall occure; and with expres power to Michael, lord of Burlie, his airis and assigneyis to retreit and reduce quhatsumevir infeftmentis, takis, assedatiounes, rightes and tytillis of ony pairt of the saidis landis, milnes, woddis, fischeingis and utheris quhatsumevir caus competent of the law, with all utheris clauses and provisiounes quhilkis salbe neidfull for the said Michael, lord of Burlie and his airis for bruikeing of the said lordschip and baronie; and to the foirsaid alienatioun and dispositioun, now as gif it wer alreddie made and than as now, his majestie and the saidis estaittis of parliament hes interponit and interponis thair consent and authoritie as that deid quhilk is now and salbe in all tymes heirefter estemit and judgit for the weill of his majestie and for the seand profite and commoditie to his croun and realme of Scotland, exceptand alwayis furth of this present erectioun of the temporalitie of the said abbacie of Kilwynning all regalities to be reservit to oure said soverane lord and to his hienes successoures for evir. And furder, the saidis estaittis declairis that it sall not be lesum to the said Lord Burlie, nor to his airis, to sell, annalie and dispone fra thame to quhatsumevir uther persoun thair right of the said abbacie and temporalitie off Kilwynning, presentlie erectit in maner foirsaid, without the speciall advyse and consent of the lord chancelair, the lord Marques of Hammiltoun, the Archiebischop of Glasgow and Bischope of Orkney, or the maist pairt of thame that salbe on lyiff, first hade and obtenit thairto.

  1. NAS, PA2/18, f.22r-v. Back
  2. Marginalia at line 17 refers to the 'Abbacy of Kilwinning'. Back